Pioneer Construction Inc. - Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

Instrument type: Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

ERO number
019-3590
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
May 3, 2021 - June 17, 2021 (45 days) Closed
Last updated

This consultation was open from:
May 3, 2021
to June 17, 2021

Decision summary

Pioneer Construction Inc. was issued a licence to extract aggregate from a pit and quarry in the City of Sault Ste. Marie.

Location details

Site location details

City of Sault Ste. Marie.

Part of SE 1/4, Section 12, Former Township of Korah.

The street address is 1708-1756 Peoples Road, located in the City of Sault Ste. Marie.

This site has UTM co-ordinates at Zone 16, 5162378m E, 703242m N.

The site is Aggregate Resources Act (ARA) Licence No. 7629.

A link to our mapping tool allows you to locate and view licensed sites under the ARA.

Proponent(s)

Pioneer Construction Inc.
1 Ceasar Road
Sudbury, ON
P3E 5P3
Canada

Decision details

Aggregate Resources Act (ARA) Licence No. 626516 was issued on December 20, 2022 to Pioneer Construction Inc. for a Class A, Pit and Quarry below the water table licence, subject to conditions specified on Schedule A under the ARA.

The licensed area is 27.7 hectares in size and allows extraction of aggregate from a pit and quarry below the water table. The tonnage condition specifies a maximum of 195,350 tonnes of aggregate to be removed from the site in any calendar year. The area to be extracted is 17.1 hectares in size. A copy of the licence can be obtained from the contact identified below.

Comments received

Through the registry

0

By email

2

By mail

0
View comments submitted through the registry

Effects of consultation

The amendment request has been circulated within the Ministry of Natural Resources and Forestry. Additionally, the application was circulated to City of Sault Ste. Marie, Sault Ste. Marie Conservation Authority, and the Ministry of the Environment, Conservation and Parks.

We received no comments in response to the Environmental Registry of Ontario notice.

Two objections were received as part of the ARA consultation process. The concerns raised included:

  • Blasting (Fly Rock)
  • Environmental
  • Hydrogeology
  • Site Plan Issues
  • Phasing
  • Progressive and Final Rehabilitation
  • Noise 
  • Dust
  • Garbage

The applicant worked to address these objections by providing additional information and through revisions to the site plan. All objections have been addressed.

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.

MNRF - ROD - DDB - Aggregates Section
Address

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 December 22, 2022 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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Katie O'Connell
Aggregate Resources Manager

MNRF - ROD Integrated Aggregate Operations Section
300 Water Street
4th Floor South
Peterborough, ON
K9J 3C7
Canada

705-772-3316

Proponent(s)

Pioneer Construction Inc.
1 Ceasar Road
Sudbury, ON
P3E 5P3
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-3590

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

Shane Stuart

Phone number
Email address
Office
MNRF - ROD - DDB - Aggregates Section
Address

300 Water Street, 4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

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Follow this notice

Original proposal

ERO number
019-3590
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

May 3, 2021 - June 17, 2021 (45 days)

Proposal details

Pioneer Construction Inc. has applied for a Class A licence (Category 1 & 2 – Pit and Quarry Below Water) to excavate aggregate from a pit and quarry of 27.8 hectares in size with an extraction area of 17.6 hectares.  A portion of the property is currently operated as a Class A pit above water under Aggregate Resources Act (ARA) Licence No. 7629.  This application is for the establishment of a pit and quarry operation below water.  The annual tonnage condition applied for is 195,350 tonnes.

Other information

Pioneer Construction Inc. also operates the adjacent site under the authority of Licence No. 7626 under the ARA.  In total 30.6 hectares are currently licenced as a pit and quarry.  The annual tonnage condition is 340,000 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 information has been prepared and submitted to the Ministry of Natural Resources and Forestry:

  • Site plan
  • Summary Statement
  • Natural Environment level 1 and 2
  • Cultural Heritage level 1 (Stage 1 Archaeological Assessment)
  • Hydrogeological level 1 and 2
  • Noise Assessment (Acoustic Assessment Report)
  • Blast Design (Blasting Impact Study)

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).

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 meters (for pit applications) or 500 meters (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.

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 licensed 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 Sault Star on March 23, 2021.

Due to the ongoing COVID-19 pandemic, application information and site plans are available for review at www.pioneerconstruction.ca/environmental-commitment/.  In place of an in-person Public Information Session, Pioneer Construction Inc. is available will be available from March 23, 2021 until May 8, 2021, excluding weekends, to discuss details and answer questions related to the application.  Please email or call Pioneer Construction Inc. between 8:30 am and 5:00 pm (705-688-4446 / cityquarry@pioneerconstruction.ca) to arrange a time for a phone call or virtual one-on-one meeting.

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 City of Sault Ste. Marie, Sault Ste. Marie Region Conservation Authority and the Ministry of the Environment, Conservation and Parks 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.

MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

Comment

Commenting is now closed.

This consultation was open from May 3, 2021
to June 17, 2021

Connect with us

Contact

Anda Rungis

Phone number
Email address
Office
MNRF - ROD - Integrated Aggregate Operations Section
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada