Update Announcement
This notice was updated on April 26, 2022 to advise the public that this application under the Aggregate Resources Act has been referred by the Ministry of Northern Development, Mines, Natural Resources and Forestry to the Ontario Land Tribunal. Please refer to https://olt.gov.on.ca/tribunals/lpat/e-status/ for information on scheduled hearings of the Ontario Land Tribunal.
This consultation was open from:
June 12, 2019
to July 29, 2019
Decision summary
1394706 Ontario Inc. were issued a licence to extract aggregate from a pit in the Township of Ottawa.
Location details
Site location details
Part Lot 11, Concession 10, Geographic Township of Goulbourn
City of Ottawa
The site is located approximately 3 kilometers east of Dwyer Hill Road on Fernbank Road.
Proponent(s)
1394706 Ontario Inc.
1800 Maberly-Elphin Road
Maberly,
ON
K0H 2B0
Canada
Decision details
ARA Licence No. 626398 was issued to 1394706 Ontario Inc. on 01 August 2023 subject to conditions specified on Schedule A (Prescribed Conditions). The licensed area is 54.8 hectares in size and allows the operation of a pit within 1.5 metres of the water table. The tonnage condition specifies a maximum of 500,000 tonnes of aggregate to be removed from the site in any calendar year.
A copy of the licence can be obtained by contacting the ministry office and contact identified below.
Effects of consultation
Five (5) comments were received in response to the Environmental Registry of Ontario notice. Four (4) letters of objection were received in response to the ARA consultation process.
The main concern of the objections included:
- relation to truck traffic
- impacts related to noise and dust
- impacts to private property
- groundwater quantity and quality
- wildlife habitat
- rehabilitation techniques
The applicant worked to address the objections by providing additional information and revising the site plan.
There was one (1) outstanding objection at the end of the Aggregate Resources Act process. The application was referred to the Ontario Land Tribunal for a decision. On August 26, 2022, the Ontario Land Tribunal referred Licence Application 626398 back to the Ministry of Natural Resources and Forestry for a decision as all objectors withdrew their objections for the ARA application.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 16, 2023 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park
5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
1394706 Ontario Inc.
1800 Maberly-Elphin Road
Maberly,
ON
K0H 2B0
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Sonya Zuber
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Proposal updates
This notice was updated on September 28, 2021 to advise the public that there has been no change to the status of the proposal and it is still being considered. No additional opportunity for comment is being provided for at this time.
Proposal details
1394706 Ontario Inc. has applied for a Class A licence (Category 3 – Pit Above Water) to excavate aggregate from a pit of 54.8 hectares in size. This application is for the establishment of a new pit. It is proposed that all tonnage removed from the proposed licence will be a total annual tonnage of 500,000 tonnes.
The extraction of aggregate from a pit or quarry on private land designated by regulation, in the Province of Ontario, requires the issuance of a licence. The Aggregate Resources of Ontario Provincial Standards Version 1 (Provincial Standards) sets out the application process and requirements.
Other Information:
For each new licence, the applicant must provide information (i.e. site plan, summary statement, technical reports) with respect to the existing features, operation and rehabilitation of the site to demonstrate that the proposed operation will minimize adverse impact on the environment. This information is prepared in accordance with the category being applied for under the Provincial Standards.
For this proposal, the following are available for viewing at our office listed below:
- Site plan
- Summary Statement
- Natural Environment (Levels 1 and 2)
- Cultural Heritage (Stages 1 and 2)
- Hydrogeological (Levels 1 and 2)
- Noise Assessment
- Blast Design
The Site Plan addresses existing features of the pit and/or quarry area (e.g. existing natural features and land use on and surrounding the site within 120 m); the proposed operation (e.g. shape, dimensions, area and depth to be excavated, method of extraction); and progressive and final rehabilitation.
The Summary Statement includes information on one or more of the following considerations: land use planning, agricultural classification, quality and quantity of aggregate, haul routes, truck traffic and entrance permits, progressive and final rehabilitation, surface water, and elevation of the established groundwater table.
The Natural Environment report determines the presence of significant natural heritage features/areas and fish habitat and ensures that any necessary preventative, mitigative or remedial measures are undertaken for their protection. A Level 1 report identifies if the features are on-site or within 120 metres of the site. If features are identified, then an impact assessment (i.e. Natural Environment Level 2 report) is prepared to determine any negative impacts on the natural features or ecological functions, and any proposed preventative, mitigative or remedial measures.
The purpose of a Cultural Heritage Resources report is to ensure that significant archaeological resources are identified, assessed for their significance, and protected (ie. preserved or collected).
A Hydrogeological level 1 report is a preliminary evaluation to determine the final extraction depth relative to the established groundwater table(s) and the potential for adverse effects to groundwater and surface water resources and their uses. If the level 1 report identifies a potential adverse effect resulting from the operation, then an impact assessment (level 2 report) is required to determine the significance of the effect and the feasibility of mitigation.
A Noise Assessment report is prepared if extraction and/or processing facilities are within 150 metres (for pit applications) or 500 metres (for quarry applications) of a sensitive receptor defined by the Provincial Standards. The report is required to determine whether provincial guidelines can be satisfied.
A Blast Design report is prepared if a sensitive receptor, defined by the Provincial Standards, is based within 500 metres of the limit of extraction for a quarry application. The report is required to determine whether provincial guidelines can be satisfied.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Street, 4th Floor South tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from June 12, 2019
to July 29, 2019
Connect with us
Contact
Sonya Zuber
300 Water Street, 4th Floor South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
5By email
0By mail
4