C. H. Demill Holdings Inc. - Permit to take water

Instrument type: Permit to take water

ERO number
019-7489
Ministry reference number
4702-CUKQSA
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
August 15, 2023 - September 14, 2023 (30 days) Closed
Last updated

This consultation was open from:
August 15, 2023
to September 14, 2023

Decision summary

The Permit to Take Water No. 8664-D2DJK2 was issued to C. H. Demill Holdings Inc. on April 17, 2024, to renew the permit 4242-C2PM2T. Water will be taken from one pond for dewatering and industrial purposes at Long's Quarry, located in the Township of Tyendinaga, County of Hastings, Ontario.

Location details

Site address

13 Melrose Road
Tyendinaga, ON
Canada

Site location map

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

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Proponent(s)

C. H. Demill Holdings Inc.
13 Melrose Road
Shannonville, ON
K0K 3A0
Canada

Decision details

The Permit to Take Water No. 8664-D2DJK2 was issued to C. H. Demill Holdings Inc. on April 17, 2024, to renew the permit 4242-C2PM2T. Water will be taken from one pond for dewatering and industrial purposes at Long's Quarry, located in the Township of Tyendinaga, County of Hastings, Ontario.

The purpose of the amendment is to combine the water takings associated with Melrose Quarry and Long’s Quarry into a single instrument. Details of the water taking are as follows:

Permit type – amendment

Source name: Long's Quarry Pond

  • purpose: dewatering
  • maximum rate per minute (litres): 2,740
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 3,945,600
  • maximum number of days of taking per year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of taking: 10 years

Source name: Long's Quarry Pond (dust control)

  • purpose: industrial
  • maximum rate per minute (litres): 2740
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 100,000
  • maximum number of days of taking per year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of taking: 10 years

Comments received

Through the registry

44

By email

0

By mail

4
View comments submitted through the registry

Effects of consultation

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:

Comments received expressed concerns with impacts on the environment and sustainability of the groundwater aquifer, quantity of water requested by the applicant, impacts to local wells, well interference, and drinking water users. Commenters were concerned about the company’s compliance and complaints procedure. Concerns were also raised about prioritization of business over residential water users, and that that commodification of water was not supported.

This application is an amendment of an existing Permit to Take Water (PTTW) to combine water takings from the existing Long’s Quarry, and the new Melrose Quarry. Both quarries are licensed under the Aggregate Resources Act. The accumulated runoff water in the new Melrose quarry will flow through a quarry floor ditch to the existing sump/sewage works in Long’s Quarry. The technical report notes that although the Long’s-Melrose quarry is deemed to be groundwater taking, it is understood that the vast majority of water pumped is precipitation that is then discharged to the environment via Blessington Creek. Discharge of water is regulated under a separate Environmental Compliance Approval. The scope of the PTTW review was to consider potential impacts to the environment and water users resulting from the taking of water.

The ministry’s technical reviewers considered the data collected under the site’s existing groundwater and surface water monitoring program and the conclusions and recommendations from the Permit Holder’s technical representative. The monitoring program includes but is not limited to maintaining pumping records, water level monitoring at approx. 50 monitoring wells surrounding the site and monitoring of groundwater drawdown to ensure the water levels stay above the defined trigger level outlined in the Contingency Plan. Impacts to Blessington Creek are also monitored by measuring water levels in the Creek and groundwater elevations near the Creek. The Permit Holder is required to assess all data and submit an annual monitoring report to the ministry for review.

The permit also contains requirements for Contingency Planning and a Complaint Response Procedure. In addition to the water taking limits outlined in Table A of the Permit, the Permit contains further water taking restrictions during declared Low Water Advisories and requires the Permit holder to adhere to the trigger mechanism and water conservation measures.

The report concludes that there is no significant groundwater drawdown beyond the immediate quarry area, with no impacts from the water taking expected beyond 70 meters from the edge of the quarry. In addition, there are monitoring wells installed as part of the monitoring well network surrounding the sites and select supply wells within 500 m of Long’s Quarry have been subjected to regular monthly water level monitoring. There are no private wells located within the estimated radius of influence of 70 meters from the Quarry.

To assess impacts to the local aquifer and existing well users, the ministry’s technical reviewer considered all of the above monitoring data in addition to well records for properties in the area. Ministry staff are aware that some wells in the vicinity of the quarry are vulnerable to seasonal declines in groundwater elevations under drought conditions, however groundwater elevations in these wells have typically recovered to long-term average elevations in the fall when groundwater is naturally recharged by precipitation. The monitoring program has demonstrated that the private wells have not been impacted by the dewatering of the quarry. As such, there is currently no evidence that nearby private wells are being affected by the quarry. Water users suspecting impact to their wells from the quarry can contact the Permit Holder and/or the Kingston District Office to document concerns.

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from April 18, 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
Archana Uprety
Hydrogeologist Permit to Take Water (Acting)

Environmental Permissions Branch
135 St Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(647) 248-9672

Proponent(s)

C. H. Demill Holdings Inc.
13 Melrose Road
Shannonville, ON
K0K 3A0
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
019-7489
Ministry reference number
4702-CUKQSA

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.

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Original proposal

ERO number
019-7489
Ministry reference number
4702-CUKQSA
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 15, 2023 - September 14, 2023 (30 days)

Proposal details

This proposal is for an amendment to Permit to Take Water No. 4242-C2PM2T for C. H. Demill Holdings Inc. Water will be taken from one pond for dewatering and industrial purposes at Long's Quarry, located in the Township of Tyendinaga, County of Hastings, Ontario.

The purpose of the amendment is to combine the water takings associated with Melrose Quarry and Long’s Quarry into a single instrument. Details of the water taking are as follows:

Permit type – Amendment

Source name: Long's Quarry Pond

  • purpose: dewatering
  • maximum rate per minute (litres): 2,740
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 3,945,600
  • maximum number of days of taking per year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of taking: 10 years

Source name: Long's Quarry Pond (dust control)

  • purpose: industrial
  • maximum rate per minute (litres): 2740
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 100,000
  • maximum number of days of taking per year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of taking: 10 years

There are 3 categories of a Permit to Take Water:

  • Category 1: water takings are anticipated to have a lower risk of causing an unacceptable environmental impact/interference
  • Category 2: water takings are anticipated to having a higher potential of causing unacceptable environmental impact or interference
  • Category 3: water takings are anticipated to have the highest potential of causing unacceptable environmental impactor interference

The proposed water taking qualifies as a Category 3 permit.

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 15, 2023
to September 14, 2023

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