This consultation was open from:
March 12, 2021
to April 11, 2021
Decision summary
A new Permit to Take Water (PTTW) No. 0781-C79PZW was issued for the purpose of water taking for quarry dewatering for the extraction of aggregates. This permit is for the renewal of PTTW No. 5080-8TAKK2. Water will be taken from two ponds in the Guelph/Eramosa Township.
Location details
Site address
Lots 2 & 3 Concession 5 Division G
Guelph,
ON
Canada
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
River Valley Developments Inc.
183 Dufferin Street
Guelph,
ON
N1H 4B3
Canada
Decision details
A new PTTW No. 0781-C79PZW for the renewal of Permit to Take Water (PTTW) # 5080-8TAKK2 for the purpose of quarry dewatering for the extraction of aggregates was issued on November 26, 2021 with an expiry date of November 26, 2026. River Valley Developments Inc. (RVD) operates this site under the authority of Licence 5672 under the Aggregate Resources Act.
On September 28, 2017, River Valley Developments applied to renew their PTTW No. 5080-8TAKK2. The application is for the same rates, hours and volumes as the previous permit. The current permit expired on December 31, 2017 and is deemed to remain in force and operations may continue until decisions on the renewal application are made. This is set out in section 34.1 (6) of the Ontario Water Resources Act.
A decision for the amendment of PTTW No. 7240-65YKTN issued on January 25, 2013 was posted to the Environmental Registry on January 28, 2013. On May 2, 2014, the Environmental Review Tribunal (ERT) granted the City of Guelph (City) Leave to Appeal the amended permit. The City was concerned with the potential impacts of current quarrying operations to its eight municipal wells. The eight municipal wells are located within two kilometres of the quarry property and several adjacent private residences are on private well supplies.
The ERT allowed the water taking to continue during the appeal process. The ministry was not able to post the proposal for the renewal of PTTW No. 5080-8TAKK2 in 2017, as the original amended permit was still under appeal.
On November 26, 2020, the City withdrew its appeal as agreed to by all parties and requested the ERT dismiss the proceedings in the matter. On December 10, 2020, the ERT dismissed the appeal as agreement had been reached between the parties which did not require any changes to the PTTW under appeal.
In consideration of the above, the ministry is now able to post the renewal decision.
Water will be taken from two (2) ponds. Details of the water taking are as follows:
Permit type - renewal
Source name: Dolime Quarry
- purpose: quarry dewatering
- maximum rate per minute (litres): 9,550
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 13,750,000
- maximum number of days of taking per year: 365
- earliest calendar date of taking (mm/dd): 10/01
- latest calendar date of taking (mm/dd): 12/31
- period of taking: 5 years
Source name: Aggregate Washplant
- purpose: aggregate washing
- maximum rate per minute (litres): 4,550
- maximum number of hours of taking per day: 12
- maximum volume per day (litres): 13,750,000
- maximum number of days of taking per year: 245
- earliest calendar date of taking (mm/dd): 04/01
- latest calendar date of taking (mm/dd): 11/30
- period of taking: 5 years
Effects of consultation
One comment was received on May 26, 2021 from Wellington Source Water Protection on behalf of the Guelph/Eramosa Township wherein they requested that the Ministry considers the vulnerable areas in which the taking is located.
- Wellhead Protection Area B (WHPA-B), 2-year time-of-travel, with a high vulnerability score 10 and 8 for the City of Guelph municipal wells;
- Significant Groundwater Recharge Area (SGRA); and
- Draft Wellhead Protection Area Q (WHPA-Q) with a significant risk level for the City of Guelph municipal wells.
These areas were considered during the review of this permit.
The Ministry included Monitoring Conditions requiring water level monitoring at several locations and the submission of an annual report of the data and its interpretation.
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.
135 St Clair Ave W
Toronto,
ON
M4V 1P5
Canada
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from December 1, 2021 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
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)
River Valley Developments Inc.
183 Dufferin Street
Guelph,
ON
N1H 4B3
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
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
Permit To Take Water Evaluator - West Central Region
119 King Street West
9th Floor
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
This proposal is for the renewal of Permit to Take Water (PTTW) No. 5080-8TAKK2 that is used for water taking for quarry dewatering for the extraction of aggregates. River Valley Developments Inc. (RVD) operates this site under the authority of Licence 5672 under the Aggregate Resources Act.
On September 28, 2017, River Valley Developments applied to renew their PTTW No. 5080-8TAKK2. The application is for the same rates, hours and volumes as the previous permit. The current permit expired on December 31, 2017 and is deemed to remain in force and operations can continue until decisions on the renewal application is made. This is set out in section 34.1 (6) of the Ontario Water Resources Act.
A decision for the amendment of PTTW No. 7240-65YKTN issued on January 25, 2013 was posted to the Environmental Registry on January 28, 2013. On May 2, 2014, the Environmental Review Tribunal (ERT) granted the City of Guelph (City) Leave to Appeal for the amended permit. The City was concerned with the potential impacts of current quarrying operations to its eight municipal wells. The eight municipal wells are located within two kilometres of the quarry property and several adjacent private residences are on private well supplies.
The ERT allowed the water taking to continue during the appeal process. The ministry was not able to post the proposal for the renewal of PTTW No. 5080-8TAKK2 in 2017 as the original amended permit was still under appeal.
The City withdrew their appeal on Nov 26, 2020, which was accepted by the Environmental Review Tribunal on December 10, 2020, as the City and RVD had reached a settlement agreement in this matter and does not require any changes to the PTTW under appeal.
In consideration of the above, the ministry is now able to post the renewal.
Water will be taken from two ponds. Details of the water taking are as follows:
Permit type - Renewal
Source name: Dolime Quarry
- purpose: quarry dewatering
- maximum rate per minute (litres): 9,550
- maximum number of hours of taking per day: 24
- maximum volume per day (litres): 13,750,000
- maximum number of days of taking per year: 365
- earliest calendar date of taking (mm/dd): 10/01
- latest calendar date of taking (mm/dd): 12/31
- period of taking: 10 years
Source name: Aggregate Washplant
- purpose: aggregate washing
- maximum rate per minute (litres): 4,550
- maximum number of hours of taking per day: 12
- maximum volume per day (litres): 13,750,000
- maximum number of days of taking per year: 245
- earliest calendar date of taking (mm/dd): 04/01
- latest calendar date of taking (mm/dd): 11/30
- period of taking: 10 years
The permit holder requested a 10 year permit citing that they need at least a minimum of 5 years to allow for adequate time for a testing program with the City of Guelph to be completed.
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.
Comment
Commenting is now closed.
This consultation was open from March 12, 2021
to April 11, 2021
Connect with us
Contact
Permit To Take Water Evaluator - West Central Region
119 King Street West
9th Floor
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
0By email
1By mail
0