The Sarjeant Company Limited - Permit to take water

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Type d'acte: Permit to take water

Numéro du REO
019-3146
Numéro de référence du ministère
7577-BY4LDA
Type d'avis
Instrument
Loi
Ontario Water Resources Act, R.S.O. 1990
Affiché par
Ministry of the Environment, Conservation and Parks
Étape de l'avis
Décision
Décision publiée
Période de consultation
Du 22 février 2021 au 23 avril 2021 (60 jours) Fermé
Dernière mise à jour

Cette consultation a eu lieu :

du 22 février 2021
au 23 avril 2021

Résumé de la décision

The ministry issued a new Permit to Take Water No. 4512-CCMNED to The Sarjeant Company Limited (Sarjeant) on June 15, 2022 and expiring on June 15, 2027. Water will be taken primarily for aggregate washing purposes in the Township of Tiny. The ministry has approved one out of the two sources applied for. Details regarding the taking are below.

Détails de l'emplacement

Adresse du site

1379 Baseline Road South
Tiny, ON
Canada

Carte de l'emplacement du site

L'épingle de localisation correspond à la zone approximative où a lieu l’activité environnementale.

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Promoteur(s)

The Sarjeant Company Limited
15 Sarjeant Drive
Barrie, ON
L4N 4V9
Canada

Détails de la décision

On June 15, 2022, the ministry issued a new Permit to Take Water No. 4512-CCMNED to The Sarjeant Company Limited (Sarjeant). The permit is a new permit issued to Sarjeant, and will expire on June 15, 2027 (five years). This permit allows water taking from one pond (referred to as Pond A), primarily for aggregate washing purposes at Sarjeant’s Waverley Pit #2, located at 1379 Baseline Road South, Tiny, County of Simcoe.

Details of the water taking are as follows:

Source name: Pond A

  • purpose of taking: aggregate washing
  • maximum rate per minute (litres): 1,140
  • maximum number of hours of taking per day: 12
  • maximum volume per day (litres): 1,641,600
  • maximum number of days of taking per year: 180
  • earliest calendar date of taking (mm/dd): 03/01
  • latest calendar date of taking (mm/dd): 12/31
  • length of taking: 5 years

The second source (Pond B) applied for (1,1140 litres/minute; 1,368,000 litres/day) was not approved at this time, as this water taking source was not included in the Waverley Pit #2 Aggregate Resources Act Operational Plan. The ministry will not consider this source of water taking until this source has been reflected in the operational plan through an approved amendment to the Aggregate Resources Act Licence.

The operation of the Waverley Pit #2 is regulated by the site plans which were approved under the Aggregate Resources Act (Licence 607461) by the Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF).

At Waverley Pit #2, Sarjeant has proposed an aggregate washing operation, an activity common in the aggregate industry to separate fine particles from coarser particles using water. The source water for this activity will be obtained from one on-site source pond, Pond A. Water from this source pond will be used to for the initial filling and topping up of:

  • two sedimentation ponds
  • a clear water pond

The source pond will be constructed below the water table, while the sedimentation and clear water ponds will be constructed above the water table.

The sedimentation ponds and clear water pond are considered a sewage works and require an Environmental Compliance Assessment (ECA). The ECA regulates the establishment, operation and use of these ponds. The ministry has received an application for ECA from Sarjeant (reference number 6719-C5CN72, ERO number 019-4550).  Based on information in this application, it is understood that the ECA requires that these ponds be lined, either using a synthetic liner or silt/clay liner). The ECA was issued on June 15, 2021, a link to the ECA Decision Notice (ERO number 019-4550) is provided in the Supporting Materials section below.

Surface water bodies in the area include:

  • Hogg Creek
  • Wye River
  • the Tiny Marsh (a provincially significant wetland)
  • the Tiny Bog Wetland Complex (a regionally and locally significant wetland)

These water bodies are located at significant distances from Waverley Pit #2, they will not be influenced by the water taking from Pond A. The site area is not an Area of Natural or Scientific Interest (ANSI). There are no surface water or wetland features at or abutting the site or within the proposed area of aggregate extraction.

Water taking at the Teedon Pit is located far from any municipal water supply well. It will not have any impact on any municipal water supply well. Municipal wells in the area are:

  • Elmvale (Wells 1 & 2)
  • Perkinsfield (Wells 26-4 & 26-5)
  • Wyevale (Well 29-1 & 29-2)

The closest municipal well to Sarjeant’s Waverley Pit #2 is Wyevale, which is approximately 4.5 km to the northwest of the site. Waverley Pit #2 is also outside the Wellhead Protection Areas (WHPAs) associated with these wells.

The ministry is satisfied that the water taking at Sarjeant Waverley Pit #2 will not interfere with private water supply wells located in the area. This conclusion is based on the review of the technical information submitted in support of this application

Though no impacts are anticipated from the taking of water and the washing operations, monitoring conditions have been included in the permit requiring monitoring of local water levels in on-site monitoring wells, as well as off-site private wells.

The monitoring conditions will allow for adaptive management should an unlikely impact be detected. Monitoring will provide the data required for the ministry to ensure protection of the natural environment and local water users.

Request a copy of the permit.

Commentaires reçus

Par l'entremise du registre

39

Par courriel

3 407

Par la poste

0
Consulter les commentaires soumis par l'entremise du registre

Effets de la consultation

39 submissions were received on-line through the Environmental Registry website, and an additional 3407 submissions were received by e-mail (of which 3,373 contained very similar content).

Comments relevant to the water taking proposal were considered as part of the review of the application. The main concerns raised were regarding the following:

  • There were comments received regarding potential impacts to the pristine nature of local aquifers, as identified in an academic study, Shotyk, W., Krachler, M., Chenz, B. and Zhengy, J. 2005. Natural abundance of Sb and Sc in pristine groundwaters, Springwater Township, Ontario, Canada, and implications for tracing contamination from landfill leachates, J. Environ. Monit., 2005, 7, 1238–1244. The ministry’s review has determined that the pristine aquifers identified in this study are not at risk from this proposed water taking. The water taking proposed is from a surficial and unconfined aquifer, where the aquifers subject to this study are confined, separated from the upper aquifer by an aquitard. An ECA (reference No. 6719-C5CN72, ERO Number 019-4550) is required to establish the washing facility at the site, which includes monitoring conditions to monitor the quality of water in the sedimentation ponds and the clear water pond. Those ponds will also be required to be lined with a silt/clay liner, or synthetic liner.
  • Stakeholders are concerned that the aggregate washing activities will impact water quality in aquifers and result in quality interference issues with local private wells. Waverley Pit #2 will only use water with no additives in their washing process. The silt and sand contained in the used wash water settles to the bottom of the settling ponds, which will be lined, as discussed above. Therefore, the ministry is satisfied that the operation is unlikely to adversely impact the groundwater quality.
  • There were comments regarding the potential for quantity impacts/interference with private wells. Based on the ministry’s technical review (considering the anticipated radius of influence realized from the proposed water taking from Pond A; the distance from the source to existing private wells; and/or the relative elevation of private wells to Pond A) no impacts to private wells are anticipated as a result of water taking from Pond A. However, as a precautionary measure, the permit requires Sarjeant to monitor water levels in on-site monitoring wells, and off-site private wells.
  • A concern identified the potential for land subsidence because of depletion of the aquifer. The ministry’s review considered this and identified that water takings at aggregate operations in Simcoe County are sustainable, and there have been no examples of land subsidence because of these water takings, including at existing neighbouring aggregate operations.
  • Stakeholders have requested the cumulative effects of the proposed water taking be considered. The ministry’s review did consider the potential impacts of this water taking in consideration of other major water takings in the area, including nearby aggregate operations with similar aggregate washing facilities. Considering the separation in distance, elevation and stratigraphy, the cumulative water takings of the Waverley Pit #2 and the neighbouring Teedon Pit will not interfere with one another and is unlikely to adversely impact the water quantity or the water quality of other users in the area.

Additionally, comments were received identifying that there should be a ban or moratorium on aggregate operations in Waverley Uplands, Township of Tiny and Alliston Aquifer. The Ministry of Northern Development, Natural Resources and Forestry (NDMNRF) is the lead regulatory oversight body for aggregate sites under the Aggregate Resources Act and oversees the review of applications for approvals for pits and quarries.

Duty to consult

Comments were received identifying that the ministry has not adequately consulted with Indigenous Communities. The ministry provided notification of this application for Permit to Take Water to:

  • the Beausoleil First Nation
  • the Chippewas of Georgina Island First Nation
  • the Chippewas of Rama First Nation
  • the Metis Nation of Ontario.

Notifications were sent on April 12, 2021, and May 13, 2021. Notifications provided information on the proposed water taking and requested community feedback including any questions, comments or concerns with respect to the proposed water takings.

Responses to notifications were received from two communities:& the Metis Nation of Ontario (from the Georgian Bay Traditional Territory Consultation Committee (GBBTTCC) and the Chippewas of Rama First Nation:

  • The GBTTCC identified concerns should the water taking impact ecosystem rights and services that support harvesting. The ministry responded on July 23, 2021, providing information from the ministry’s review identifying that impacts to the ecosystem services were not anticipated. No further comments were received from GBTTCC.
  • The Chippewas of Rama First Nation inquired if measures were in place to address issues associated with drought, what environmentally significant features are located in the vicinity of the site, and to confirm that priority be given to domestic water supply. The ministry responded on July 23, 2021, providing information from the ministry’s review, identifying that no impacts were anticipated to local natural heritage features and well users, and discussing the ministry’s adaptive management approach to address unforeseen conditions such as drought. No further comments were received from the Chippewas of Rama First Nation.

Documents justificatifs

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Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

Cet avis de décision peut être porté en appel. Vous avez jusqu’à 15 jours à partir du 17 juin 2022 pour entamer le processus d’appel.

Veuillez lire les renseignements suivants attentivement pour en savoir plus sur le processus d’appel.

Comment interjeter appelClick 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:

  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)

Autorité compétente
Gregory Meek
Supervisor, PTTW

Permit to Take Water Unit
135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

289-830-5867

Proponent(s)

The Sarjeant Company Limited
15 Sarjeant Drive
Barrie, ON
L4N 4V9
Canada


Organe d’appel

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

About the Environmental Review Tribunal


Inclure les éléments suivants:

Numéro du REO
019-3146
Numéro de référence du ministère
7577-BY4LDA

Il ne s'agit pas d'un avis juridique. Veuillez vous reporter à la Charte des droits environnementaux de 1993 pour connaître les exigences exactes prévues par la loi. Consultez un avocat si vous avez besoin d'aide avec le processus d'appel.

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Proposition initiale

Numéro du REO
019-3146
Numéro de référence du ministère
7577-BY4LDA
Type d'avis
Instrument
Loi
Ontario Water Resources Act, R.S.O. 1990
Affiché par
Ministry of the Environment, Conservation and Parks
Proposition affichée

Période de consultation

22 février 2021 - 23 avril 2021 (60 days)

Détails de la proposition

Note: Due to the level of interest expressed by the public on this proposal, the ministry has decided to extend the comment period to 60 days, until April 23, 2021

 

This proposal is for a new Permit to Take Water for The Sarjeant Company Limited to take water from two ponds for the purpose of aggregate washing. The details of water taking are as follow:

Source name: Pond A

  • purpose of taking: aggregate washing
  • maximum rate per minute (litres per minute): 1,140 litres
  • maximum number of hours of taking per day: 24
  • maximum volume of taking per day: 1,641,600 litres
  • maximum number of days of taking in a year: 180
  • earliest calendar date of taking (mm/dd): 03/01
  • latest calendar date of taking (mm/dd): 12/31
  • length of taking: 10 years

Source name: Pond B

  • purpose of taking: aggregate washing
  • maximum rate per minute (litres per minute): 1,140 litres
  • maximum number of hours of taking per day: 24
  • maximum volume of taking per day: 1,641,600 litres
  • maximum number of days of taking in a year: 180
  • earliest calendar date of taking (mm/dd): 03/01
  • latest calendar date of taking (mm/dd): 12/31
  • length of taking: 10 years

More about Permits to take water

Documents justificatifs

Consulter les documents en personne

Certains documents justificatifs peuvent ne pas être accessibles en ligne. Si tel est le cas, vous pouvez demander à consulter les documents en personne.

Veuillez communiquer avec le bureau mentionné ci-dessous pour savoir si les documents sont accessibles.

Commentaire

La consultation est maintenant terminée.

Cette consultation a eu lieu 22 février 2021
au 23 avril 2021

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