This consultation was open from:
November 2, 2020
to December 17, 2020
Decision summary
Gary Falconer Transport Limited was issued a licence to extract aggregate from a pit in the Municipality of Strathroy-Caradoc.
Location details
Site location details
Part Lot 19, Concession 2
Municipality of Strathroy-Caradoc, Middlesex County
A link to our mapping tool allows you to locate and view licensed site under the Aggregate Resources Act.
Proponent(s)
Gary Falconer Transport Limited
23688 Adelaide Road
Mount Brydges,
ON
N0L 1W0
Canada
Decision details
Aggregate Resources Act (ARA) Licence No. 626482 was issued to Gary Falconer Transport Limited on May 14, 2021, subject to conditions specified on Schedule A (Prescribed Conditions) and B.
The licensed area is 9.9 hectares in size with extraction occurring above the established water table. The tonnage condition specifies a maximum of 20,000 tonnes of aggregate to be removed from the site in any calendar year.
A copy of the licence can be obtained by contacting the Ministry office and contact identified below.
Effects of consultation
Two (2) comments were received in response to the Environmental Registry notice relating to noise. In response a condition has been added to the site plan requiring the licensee to address any noise complaints received. Prescribed Condition # 4 included in the licence states, “Noise will be mitigated at source with appropriate noise attenuation devices in addition to appropriate site design.”
Two (2) comments were received in response to the ARA consultation process.
Objections received were related to:
- importation of fill for rehabilitation
- fencing relief request
- setbacks from woodlands
- setbacks from the road
- financial contribution towards road maintenance
- the proposed entrance/exit
- impacts on adjacent features
The applicant worked to address the objections by providing additional information and adding additional mitigation to the site plan. All objections to the application have been withdrawn.
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.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from May 17, 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)
Gary Falconer Transport Limited
23688 Adelaide Road
Mount Brydges,
ON
N0L 1W0
Canada
Local Planning Appeal Tribunal
Formerly Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
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
Brent Armstrong
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Gary Falconer Transport Limited has applied for a Class B licence (Category 7 - Pit Above Water) to excavate aggregate from a site 9.9 hectares in size. The tonnage would be limited to no greater than 20,000 tonnes removed annually. The total extraction area is proposed to be 8.8 hectares.
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. 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 is available from the Ministry of Natural Resources and Forestry (MNRF) contact:
- Site plan
- Summary Statement
- Natural Environment Report (Levels 1 & 2)
- Cultural Heritage Report (Stages 1-4)
- Hydrogeological Report (Level 1)
The Site Plan addresses the existing features of the pit and/or quarry area (existing natural features and land use on and surrounding the site within 120 metres); the proposed operation (e.g. 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 metres 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 reports are 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.
A Noise Assessment report is prepared if extraction and/or processing facilities are within 150 metres (for pit applications) of a sensitive receptor defined by the Provincial Standards. The report is required to determine whether provincial guidelines can be satisfied.
Comments received through Environmental Registry should not be construed as an objection under the Aggregate Resources Act (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 MNRF 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 metres of the proposed licenced 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 newspaper, on October 29, 2020. A public information session will be held on November 19, 2020 at the Fire Junction between 5:00 p.m. and 6:30 p.m. at 23752 Adelaide Road, Mount Brydges, Ontario.
The application for this licence is being circulated within the MNRF. Additionally, notification of this application has been circulated to the Upper Thames Conservation Authority, Municipality of Strathroy-Caradoc, County of Middlesex, Ministry of Agriculture Food & Rural Affairs, and Ministry of the Environment Conservation & 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.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from November 2, 2020
to December 17, 2020
Connect with us
Contact
Brent Armstrong
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
2By email
2By mail
0