Vicdom Sand and Gravel (…

Please see attached PDF for formal comment letter.

Vicdom Sand and Gravel (“Vicdom”) operates a number of mineral aggregate operations within the Growth Plan, Greenbelt Plan and Oak Ridges Moraine Conservation Plan areas. Vicdom supplies a full range of sand and gravel products serving a continually growing need for these resources across South Central Ontario.

The proposed Amendment to the Growth Plan includes the following new reworded policy (4.2.2.4.):

“Provincial mapping of the Natural Heritage System for the Growth Plan does not apply until it has been implemented in the applicable upper- or single-tier official plan. Until that time, the policies in this Plan that refer to the Natural Heritage System for the Growth Plan will apply outside settlement areas to the natural heritage systems identified in official plans that were approved and in effect as of July 1, 2017.”

When this reworded Policy 4.2.2.4 is coupled with Policy 4.2.8.2, an already existing problem is exacerbated.

Policy 4.2.8.2 states:

Notwithstanding the policies in subsections 4.2.1, 4.2.2, 4.2.3 and 4.2.4, within the Natural Heritage System for the Growth Plan, mineral aggregate operations and wayside pits and quarries are subject to the following:

a. no new mineral aggregate operation and no new wayside pits and quarries, or any ancillary or accessory use thereto, will be permitted in the following key natural heritage features and key hydrologic features:
i. significant wetlands,
ii. habitat of endangered species and threatened species; and
iii. significant woodlands unless the woodland is occupied by young plantation or early successional habitat, as defined by the Province, in which case, the application must demonstrate that policies 4.2.8.4 b) and c) and 4.2.8.5 c) have been addressed and that they will be met by the operation;
(emphasis added)

Growth Plan Policy 4.2.8.2 already has profound implications on the ability to bring forward applications to secure future supply of quality aggregate resource to market - resources needed to support growth and infrastructure in the GGH. When Policy 4.2.8.2 is coupled with the proposed changes to Policy 4.2.2.4, local NHS mapping will now apply this prohibition to a much larger area.

Policy 4.2.8.2 prohibits new mineral aggregate operations within endangered and threatened species habitat and significant woodlands with the Growth Plan Natural Heritage System (NHS).
The implications on providing a future supply of aggregate will be far worse. Further, this ‘prohibition’ approach is not consistent with the PPS and does not provide for solutions with ‘net environmental gain’. Such polices only serve to protect ‘sub-standard or mediocre at best’ environmental systems while sterilizing quality resource beneath them.

Inconsistencies with Provincial Policy Statement (PPS)
The PPS states “Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements”. Unlike the PPS, the Growth Plan essentially overrides the Endangered Species Act (“ESA”).
Despite regulations within the ESA in place to protect species from developmental disturbance (via habitat replacement measures), Policy 4.2.8.2 rigidly states that if habitat is deemed to be present on the lands, extraction is automatically prohibited for new operations. This is overly restrictive and overrides the regulatory process already established under the ESA.

The problem stems from the fact that almost all new aggregate applications include endangered and threatened species habitat due to: (i) the number of species (171) listed by the Province, (ii) the amount of land that is regulated under the ESA, (iii) the transient nature of many species (e.g. birds), and (iv), the reality that some regulated species are under pressure not from habitat loss but from disease (e.g. butternut trees and bats).

In terms of significant woodlands, the PPS allows for aggregate extraction within significant woodlands provided that there will be no negative impact on the feature or its ecological function. Rehabilitation including any on- or off-site compensation is taken into consideration for demonstrating no negative impact. Unlike the Growth Plan, the PPS provides for ‘net ecological gain’ solutions through compensation/rehabilitation with greater ecological value.

All provincial plan policies should apply this principle of ‘no negative impact’ and potential for enhancement opportunities through compensation / rehabilitation that balances the interests of both environmental enhancement and continual supply of quality resource in the long term.

Local natural heritage system mapping not intended to prohibit

Further, natural heritage system mapping in municipal official plans was never intended to be an automatic prohibition for extraction in woodlands and habitat of endangered and threatened species. Natural heritage system mapping identified in Official Plans flag areas that warrant further detailed environmental study and through detailed study, allow for refinement and/or mitigate to protect.

Vicdom has purchased several parcels of land in the City of Kawartha Lakes and Simcoe County where quality resources exist.

However, given the proposed changes to Policy 4.2.2.4, local NHS mapping in Official Plans can now trigger Policy 4.2.8.2 and extraction of these resources would be prohibited if any portion of a locally-significant feature contains a woodlot or if the feature or adjacent lands contain an endangered and threatened species. The prohibition would apply regardless of enhancement opportunities through compensation/rehabilitation. Considerable investment can be put at significant risk if such features are identified now or in the future with no ability to apply the regulatory process of the ESA or core principles established in the PPS.

What can be done to fix the issue?

Vicdom is a long-standing member of the Ontario Stone Sand and Gravel Association (OSSGA) and supports their overall submission (attached) on the proposed Amendment. Attached to OSSGA’s submission are recommended policy changes to the Growth Plan that we urge the Province to consider.

In essence, the proposed Amendments would make the Growth Plan consistent with the PPS for the protection of natural heritage features. Policy language in the Growth Plan aimed at enhancing rehabilitation requirements would continue to apply.

We need strong provincial leadership to ensure that aggregate resources continue to be available to support provincial infrastructure and growth requirements.

This “fix” does not undermine protection of the natural environment and continues to require enhanced rehabilitation

The environmental policies in the PPS are extremely difficult to meet (i.e. no negative impact). Also, aggregate proposals have to do a greater job at rehabilitation given revised policy to require that an ‘ecological net gain’ be demonstrated.

The entire premise of Policy 4.2.8.2 is not based on science. This Policy prohibits aggregate operations based on broad-based mapping that has not been ground-truthed, undermines the ESA regulatory process and does not provide for solutions that result in an ecological net gain.

For example, if an individual butternut tree is identified in an NHS area (mapped broadly by a municipality), it kills the entire project. It does not allow for the operation to proceed despite a solution that could replace an individual butternut tree with the planting of additional butternut trees in accordance with the requirements of the ESA.

Therefore, the proposed changes to Policy 4.2.8.2 still require compliance with the principles of providing for an overall benefit of endangered and threatened species and solutions that result in a net ecological gain.

SUMMARY
In order to support the Province’s objective to increase housing supply and infrastructure, aggregate resources and, in particular, high quality bedrock resources are needed. The Province is the main consumer of these resources (road and transit infrastructure) and maintaining a supply of resources needed to support growth ensures a balanced economy.

If high quality resource area sites are identified as being within the NHS, Growth Plan Policy 4.2.8.2 (and other similar policy restrictions and prohibitions) will have significant impacts on the future supply of quality aggregate across the Province.

We ask that a reasonable and balanced approach be implemented that relies on the regulatory process already in place under the PPS and the ESA to protect endangered and threatened species.

We urge the Province to consider OSSGA’s submission and recommendations for policy changes to the Growth Plan, including proposed Amendment 1 (attached to this document).