Carlyle Development Corp. - 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
012-3896
Ministry reference number
MNRF INST 30/15
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
April 9, 2015 - May 11, 2015 (32 days) Closed
Last updated

This consultation was open from:
April 9, 2015
to May 11, 2015

Decision summary

Carlyle Development Corp. application for a new Class “A” licence (Category 4 – quarry above water) has been approved.

Location details

Site location details

Part of south half of Lot 8 Concession 2.
Located in Baldwin in the District of Sudbury.

A link showing sites licensed under the Aggregate Resources Act is provided: ontario.ca - find pits and quarries

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)

Carlyle Development Corp.
Post Office Box Delivery 5283
Espanola, ON
P5E 1S3
Canada

Decision details

A decision has been made to issue the licence. The licence was issued on June 7, 2019.

Comments received

Through the registry

1

By email

5

By mail

0
View comments submitted through the registry

Effects of consultation

One comment was received in response to the Environmental Registry notice. This comment referenced their submission/comments to a prior application for this same location by the same proponent that had been withdrawn but did not indicate any new concerns. Those previous comments/concerns were addressed by explaining existing regulations and guidelines with the Ministry of Natural Resources and Forestry and other ministries, as well as being addressed through the re-zoning of the site. There are several other comments that were misdirected and have no bearing for the approval of the licence.

Comments received by a landowner within 120m of the site from the Aggregate Resource Act notification process were incorporated into the site plan.

The comments received during the Aggregate Resource Act notification process by various agencies (Ministry of Natural Resources and Forestry, Ministry of Transportation, Hydro One and the Township of Baldwin) have provided input for the final site plans, protection of whip-poor-will habitat, ensured access to the site, and brought about a zoning change required for the issuance of the licence.

There are no outstanding comments from the public participation process of this licence application. A decision has been made to proceed with the approval of this proposal.

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.

Sudbury District
Address

3767 69 Highway South
Suite 5
Sudbury, ON
P3G 1E7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from June 10, 2019 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:

  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
Ross Hart
Sudbury District Manager

ROD - Sudbury District Office
3767 Highway 69 South
Suite 5
Sudbury, ON
P3G 1E7
Canada

705-564-7872

Proponent(s)

Carlyle Development Corp.
Post Office Box Delivery 5283
Espanola, ON
P5E 1S3
Canada


Appellate body

Local Planning Appeal Tribunal
Formerly Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248

About Local Planning Appeal Tribunal


Include the following:

ERO number
012-3896
Ministry reference number
MNRF INST 30/15

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

Randy Smith

Email address
Office
Regional Operations Division - Northeast Region - Sudbury District
Address

3767 Hwy 69 South, Suite 5
Sudbury, ON
P3G 1E7
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
012-3896
Ministry reference number
MNRF INST 30/15
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

April 9, 2015 - May 11, 2015 (32 days)

Proposal details

Updates

It was updated on November 9, 2017 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.

This notice was originally published on April 9, 2015.

 

Description of instrument

Carlyle Development Corp. has applied for a Class “A” licence (Category 4 – quarry above water) to excavate aggregate from a quarry, 36.77 hectares in size. This application is for the establishment of a new quarry. The annual tonnage applied for is unlimited tonnes.

Other information

The proposed site plan and reports that are part of the application information is available to view at the Ministry of Natural Resources and Forestry, Sudbury District, 3767 Highway 69 S.,Suite 5, Sudbury, ON. Making an appointment to view the information is recommended to ensure aggregate staff will be available to provide information and answer questions.

Comments received through ER should not be construed as an objection under the Aggregate Resources Act 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.

Other public consultation opportunities

As specified in the Aggregate Resources Act, 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 entrance to the proposed site; and a Notice of Application and open house appeared in the Mid-North Monitor on March 26, 2015. A public information session was held on Wednesday, April 29, 2015 between 7:00 p.m. and 9:00 p.m. at the Nairn-Hyman Community Centre.

The application for this proposal is being circulated within the MNRF Sudbury District Office. Additionally, this application has been forwarded to the Township of Baldwin, the Department of Fisheries and Oceans, Ministry of Transportation and Hydro One 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.

Sudbury District
Address

3767 69 Highway South
Suite 5
Sudbury, ON
P3G 1E7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from April 9, 2015
to May 11, 2015

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Contact