Update Announcement
This notice was updated on February 13, 2023, 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.
This consultation was open from:
March 8, 2021
to April 22, 2021
Decision summary
McNichols Construction Ltd. was issued a licence to extract aggregate from a pit in the Township of South Frontenac.
Location details
Site location details
Township of South Frontenac, County of Frontenac
Part Lot 12 and 13, Concession 1 and 2, Geographic Township of Bedford.
The site is adjacent to the west boundary of Aggregate Resources Act licence #10531.
A link to our mapping tool allows you to locate and view licensed sites under the Aggregate Resources Act.
Proponent(s)
McNichols Construction Ltd.
1238 Westport Road
RR #2
Godfrey,
ON
K0H 1T0
Canada
Decision details
Aggregate Resources Act (ARA) license #626475 was issued to McNichols Construction Ltd. On May 29, 2024 subject to conditions specified on Schedule A for a Class A licence.
The licensed area is 18.4 hectares in size with an extraction area of 15.8 hectares and allows for the operation of a pit above the water table. A maximum of 100,000 tonnes of aggregate may 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
No comments were received in response to the Environmental Registry of Ontario consultation process.
Two (2) comments were received in response to the ARA consultation process.
The comments were related to:
- Woodland removal
- Significant wildlife habitat
- Species-at-risk
- MNRF policy conflicts
- Hydro One Easement
The applicant worked to address the comments by providing additional information and revising the site plan. All comments were resolved prior to the conclusion of the process.
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 June 5, 2024 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)
McNichols Construction Ltd.
1238 Westport Road
RR #2
Godfrey,
ON
K0H 1T0
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
Jason McLay
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
McNichols Construction Ltd. has applied for a Class A (Category 3 – Pit Above Water) to excavate aggregate from a pit of 18.4 hectares in size with an extraction area of 15.8 hectares. This application is for the establishment of a new pit comprising of two parcels on either side of Buck Bay Road. The East Side area will have 6.9 hectares under licence and the West Side area will have 11.5 hectares under licence. The annual tonnage condition applied for is 100,000 tonnes per year.
Other information
McNichols Construction Ltd. currently operates the adjacent site under the authority of Licence No. 10531 under the Aggregate Resources Act (ARA). In total 5.1 hectares are currently licenced as a pit. The annual tonnage condition is 20,000 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.
For each new licence, the applicant must provide information (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 the Ministry of Natural Resources and Forestry office listed below:
- Site plan
- Summary Statement
- Natural Environment Report level 1 and 2
- Cultural Heritage level 1 to 4 (Archaeological Assessment)
The Site Plan addresses existing features of the pit and/or quarry area (existing natural features and land use on and surrounding the site within 120 meters); the proposed operation (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 meters of the site. If features are identified, then an impact assessment (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 (preserved or collected).
Comments received through the Environmental Registry should not be construed as an objection under the ARA in accordance with section 4.0 – Notification and Consultation Standards of the Provincial Standards 1.0 under the ARA. To be considered as a formal objector, individuals need to contact the Ministry of Natural Resources and Forestry person specified on this notice to determine how to submit an objection.
Public consultation opportunities
As specified in the ARA, written notice concerning this application was delivered to landowners within 120 meters of the proposed licenced boundary; an information sign, giving notice to the public of this application, was erected at the proposed site; and a Notice of Application appeared in the local paper, the Frontenac News on November 5, 2020. A public information session was held on November 26, 2020 between 5:00 p.m. and 8:00 p.m. at the Bedford/Glendower Hall, 1381 Westport Road, Godfrey ON.
The application for this licence is being circulated within the Ministry of Natural Resources and Forestry. Additionally, notification of this application has been forwarded to the Township of South Frontenac, the County of Frontenac, Rideau Valley Conservation Authority, the Ministry of the Environment, Conservation and Parks, and Hydro One Networks Inc., for comment.
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 March 8, 2021
to April 22, 2021
Connect with us
Contact
Jeff Schosser
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
2By mail
0