Bell Sand Farms 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
019-4362
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
September 21, 2021 - November 22, 2021 (62 days) Closed
Last updated

This consultation was open from:
September 21, 2021
to November 22, 2021

Decision summary

Bell Sand Farms Inc. was issued a licence to extract aggregate from a pit in the Township of Perth East.

Location details

Site location details

Township of Perth East, County of Perth.

Lot 25, Concession 3 and 4, Geographic Township of Easthope.

This site is located at 4283 Side Road 108, Township of Perth East.

The site is adjacent to the west boundary of Aggregate Resources Act (ARA) Licence No. 4575.  A link to our mapping tool allows you to locate and view licensed sites under the ARA.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Bell Sand Farms Inc.
2321 Line 40
Stratford, ON
N5A 6S2
Canada

Decision details

ARA license # 626544 was issued to Bell Sand Farms Inc. on April 25, 2024, subject to conditions specified on Schedule A & B for a Class A licence.

The licensed area is 42.4 hectares in size with an extraction area of 27.3 hectares and allows for the operation of a pit below the water table. A maximum of 200,000 tonnes of aggregate may 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. 

Comments received

Through the registry

1

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Two (2) comments were received in response to the Environmental Registry of Ontario consultation process.

Two (2) comments were received in response to the ARA consultation process.

The comments were related to:

  • Rehabilitation
  • Groundwater quantity and quality
  • Species at risk
  • Wildlife habitat
  • Site plan operations
  • Indigenous consultation

The applicant worked to address the comments by providing additional information, amending technical studies, and revising the site plan. All comments were resolved prior to the conclusion of the process.

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 April 30, 2024 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 - Aggregates Section
300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

705-772-3316

Proponent(s)

Bell Sand Farms Inc.
2321 Line 40
Stratford, ON
N5A 6S2
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
019-4362

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

Melanie Teitler

Phone number
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
019-4362
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Northern Development, Mines, Natural Resources and Forestry
Proposal posted

Comment period

September 21, 2021 - November 22, 2021 (62 days)

Proposal details

Proposal Updates

This notice was updated on March 27, 2024 to advise the public that there has been no change to the status of the proposal and it is still being considered.  No additional opportunity for comment is being provided for at this time.

Proposal Details

Bell Sand Farms Inc. has applied for a Class A licence, Pit Below Water,  to excavate aggregate from a pit of 42.4 hectares in size with an extraction area of 33.0 hectares.

This application is for an expansion to the existing ARA Licence No. 4575 (Grose Pit). It is proposed that all tonnage removed from the proposed licence and adjacent ARA Licence No. 4575 will be combined for total annual tonnage of 200,000 tonnes.

Other information

Bell Sand Farms Inc. currently operates an adjacent site under the authority of Licence No. 4575 under the ARA. In total, 53 hectares are currently licenced as a pit. The annual tonnage condition is 200,000 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. 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 Northern Development, Mines, Natural Resources and Forestry (NDMNRF):

  • Site plan
  • Summary Statement
  • Natural Environment Level 1 and 2
  • Cultural Heritage Report (Archeological Assessment Stage 1 and 2)
  • Hydrogeological Level 1 and 2 (Water Report)
  • Noise Assessment Report

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.

The Ministry reviews all comments received through the Environmental Registry and the notification and consultation process under the ARA, and considers them before making a decision.  Comments received through the Environmental Registry 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 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, the Stratford Beacon Herald on August 26, 2021.

Due to the ongoing COVID-19 pandemic, documents are available for review by contacting Caitlin Port by email at cport@mhbcplan.com or by phone at 519-576-3650. In place of a Public Information Session, Bell Sand Farms Inc. will be available from September 27, 2021 to October 1, 2021 to discuss details and answer questions related to the application.

The application for this licence is being circulated within the Ministry of Northern Development, Mines, Natural Resources and Forestry.  Additionally, notification of this application has been forwarded to the Township of Perth East, the County of Perth, the Ministry of Environment, Conservation and Parks, Maitland Valley Conservation Authority, Hydro One Networks Inc., Bell Canada, Enbridge Inc., and Union Gas Limited, 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 - DDB - Aggregates Section
Address

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

Comment

Commenting is now closed.

This consultation was open from September 21, 2021
to November 22, 2021

Connect with us

Contact

Melanie Teitler

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

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