Update Announcement
This consultation was open from:
April 30, 2018
to June 14, 2018
Decision summary
Fowler Construction Company Ltd. was issued a licence to extract aggregate from a quarry in the Township of Ramara.
Location details
Site location details
7723 Rama Road, RR #5, Part Lot 40, Broken Front Concession, Geographic Township of Rama, Township of Ramara, County of Simcoe
The site is adjacent to the north boundary of Aggregate Resources Act (ARA) license #3581.
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 windowProponent(s)
Fowler Construction Company Ltd.
1206 Rosewarne Drive
Bracebridge,
ON
P1L 1T9
Canada
Decision details
ARA Licence No. 626271 was issued on November 27, 2023 to Fowler Construction Company Ltd. subject to conditions specified on Schedule A and B. The licensed area is 8.7 hectares in size and allows extraction of aggregate from a pit above the water table. The tonnage condition specifies a maximum of 300,000 tonnes of aggregate to be removed form the site per calendar year in combination with the adjacent site (Licence #3581). A copy of the licence can be obtained from the contact identified below.
Effects of consultation
Thirty-five (35) comments were received in response to the Environmental Registry posting.
One hundred eighty-five (185) comments were received through the ARA consultation process.
The concerns were related to:
• Notification/ Consultation process
• Natural heritage features
• Hydrogeological Impacts
• Groundwater monitoring
• Noise
• Dust
• Location of extraction setbacks and berms
• Blast impact vibrations
• Hours of operations
• Natural Environment
• Quality of life
• Progressive and final rehabilitation
• Air Quality
• Technical reports
• Available aggregate resources elsewhere
The proponent worked to resolve these objections through providing additional technical information and revisions to the site plan. There were one hundred and ten (110) outstanding objections to the application at the conclusion of the process and the application was referred to the Ontario Land Tribunal for a decision. The tribunal has directed the Minister to issue the licence (OLT-22-002101).
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 15 days from November 30, 2023 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:
- 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)
Fowler Construction Company Ltd.
1206 Rosewarne Drive
Bracebridge,
ON
P1L 1T9
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
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
Uche Eje
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Proposal updates
This notice was updated on March 14, 2023 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 updated on October 29, 2020 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.
Description of instrument
Fowler Construction Company Ltd. has applied for a Class "A" licence Category 2 Quarry Below Water to excavate aggregate from a quarry of 8.7 hectares in size.
This application is for the establishment of an extension to the existing quarry (Licence #3581). The annual tonnage condition applied for is 300,000 tonnes/annum in combination with Licence #3581.
Other information
Fowler Construction Company Ltd. currently operates one (1) adjoining sites under the authority of licence Licence #3581 under the Aggregate Resources Act (ARA). The annual tonnage condition for this licence is 300,000 tonnes, and the total area currently licensed is 17.4 hectares.
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 (i.e. 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 are available for viewing at the MNRF office listed below:
- Site Plan for Proposed Fleming Quarry Extension
- Site Plan for Existing Fleming Quarry
- Planning Justification Report and Aggregate Resources Act Summary Statement (MHBC)
- D-4 Landfill Impact Assessment (Terraprobe Inc.)
- Cultural Heritage Resources Report - Stage 1 and 2 Archaeological Assessment (Golder Associates) and accompanying clearance letter from the Ministry of Tourism, Culture and Sport
- Supplementary Documents for Stage 1 and 2 Archaeological Assessment (Golder Associates)
- Natural Environment Report Level 1 and 2 Assessment (Riverstone Environmental Solutions Inc.)
- Noise Impact Analysis (Valcoustics Canada Ltd.)
- Blast Impact Analysis (Explotech)
- Traffic Impact Study (TMIG); and
- Level 1 and 2 Hydrogeological and Hydrological Assessments (Golder Associates)
The Site Plan addresses existing features of the pit and/or quarry area (e.g. existing natural features and land use on and surrounding the site within 120m); 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 (i.e. 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.
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.
The purpose of a Cultural Heritage Resources report is to ensure that significant archaeological resources are identified, assessed for their significance, and protected (i.e. preserved or collected).
A Noise Assessment report is prepared if extraction and/or processing facilities are within 150 metres (for pit applications) or 500 metres (for quarry applications) of a sensitive receptor defined by the Provincial Standards. The report is required to determine whether provincial guidelines can be satisfied.
A Blast Design report is prepared if a sensitive receptor, defined by the Provincial Standards, is based within 500 metres of the limit of extraction for a quarry application. The report is required to determine whether provincial guidelines can be satisfied.
Comments received through EBR 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 the proposed site; and a Notice of Application appeared in the local paper, Orillia Today on March 27, 2018. A public information session will be held on Friday, April 27, 2018 from 4:00 pm to 7:00 pm at the Washago Community Centre, 4361 Hamilton Street, Washago, Ontario.
The application for this licence is being circulated within the Ministry of Natural Resources and Forestry Midhurst District office. Additionally, notification of this application has been forwarded to the County of Simcoe, the Township of Ramara and the Ministry of Environment and Climate Change.
Additionally, information related to this proposal is available from the following municipal office(s):
Township of Ramara
2297 ON-12,
Brechin, ON
L0K 1B0
705-484-5374
Fax: 705-484-0441
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 April 30, 2018
to June 14, 2018
Connect with us
Contact
Katy Field
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
36By email
0By mail
185