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

H. Bye Construction Limited has applied for a Class A licence, Pit Above Water, to excavate aggregate from a pit of 13.71 hectares in size with an extraction area of 5.77 hectares.

This application is for the establishment of a new pit. The annual tonnage condition applied for is 100,000 tonnes.

Other information

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.  Ontario Regulation 244/97 and the Aggregate Resources of Ontario Standards set 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.  

For this proposal, the following information has been prepared and submitted to the Ministry of Natural Resources and Forestry (MNRF):

• site plan
• summary statement
• natural environment report
• cultural heritage (stage 1 and 2 archaeological assessment)
• maximum predicted water table report (hydrogeological 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 and source water protection. 

The natural environment report identifies the presence of significant natural heritage features/areas that exist on the site or within 120 meters of the site.  Where any of the features or areas have been identified, the report must identify and evaluate any negative impacts on the features or areas and ecological functions, and identify any proposed preventative, mitigative or remedial measures. The report must also identify if the application site or any of the features are located within a natural heritage system that has been identified by a municipality in ecoregions 6E and 7E or by the province as part of a provincial plan.

The cultural heritage report must be consistent with provincial requirements under the Ontario Heritage Act and the Provincial Policy Statement. Screening checklists evaluating the potential for archaeological resources, built heritage and cultural heritage landscapes, with supporting documentation, are required.  Where screening indicates that assessments need to be completed, the assessment reports and letters from the Ministry of Heritage, Sport, Tourism and Cultural Industries must be obtained. 

A report must be prepared that details how the maximum predicted water table is identified in metres above sea level, relative to the proposed depth of excavation at the site. 

The Ministry reviews all comments received through the Environmental Registry of Ontario and the notification and consultation process under the Aggregate Resources Act (ARA) and considers them before making a decision.  Comments received through the Environmental Registry of Ontario are considered by the Ministry however, the process under the ARA is proponent driven. This means that comments for consideration by the applicant under the ARA process must be submitted to the applicant and the Ministry during the 60-day consultation period (July 20, 2022 to September 19, 2022) initiated by the applicant.

Details of the application process can be found in Ontario Regulation 244/97 under the ARA and on the Ministry website.  Many regulatory changes for new applications took effect on April 1, 2021.  This means that applications submitted after March 31, 2021, must meet the new requirements in Ontario Regulation 244/97 and Aggregate Resources of Ontario Standards. 

Public consultation opportunities

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 Public Notice of Application appeared in the local paper, Dundalk Herald.

Documents are available for review at the Township of Southgate Municipal office, located at

185667 Grey Road 9, Dundalk, ON N0C 1B0 or to receive digital copies of the submission materials please email cuesta@cuestaplanning.com

A Public Information Session was held on August 2nd, 2022 from 4:00pm to 6:30pm at the Dundalk Arena & Community Centre located at 550 Main Street East, Dundalk, ON N0C 1B0.

The application for this licence is being circulated within the MNRF.  Additionally, notification of this application has been forwarded to the County of Grey, Township of Southgate, Saugeen River Conservation Authority, Grand River Conservation Authority, Ontario Ministry of Agriculture, Food and Rural Affairs, and the Ministry of Environment, Conservation and Parks, for comment.