D. Lafond Contracting Limited - 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
013-2965
Ministry reference number
MNRF INST 23/18
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
May 17, 2018 - July 2, 2018 (46 days) Closed
Last updated

This consultation was open from:
May 17, 2018
to July 2, 2018

Decision summary

D. Lafond Contracting Limited was issued a licence to extract aggregate from a pit and quarry in the Municipality of Markstay-Warren.

Location details

Site location details

Township of Perth South, County of Perth

Municipality of Markstay-Warren, Sudbury District.

South ½ of the North ½ of Lot 8 Concession 6, Geographic Township of Awrey

The site is located ~ 1 km north of the Highway 17 on Kukagami Lake Road.

The site is adjacent to the West boundary of ARA licence #20421.

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)

D. Lafond Contracting Limited
641 Coniston Road
Garson, ON
P3L 1V9
Canada

Decision details

Aggregate Resources Act (ARA) licence # 626208 was issued on September 7th, 2022 to D. Lafond Contracting Limited subject to conditions specified on Schedule A.

The licensed area is 16.42 hectares in size and allows extraction of aggregate from a pit and quarry above the water table. The tonnage condition specifies a maximum of 1 million tonnes of aggregate may be removed from the site in any calendar year.

A copy of the licence can be obtained from the contact identified below.

Comments received

Through the registry

0

By email

1

By mail

17
View comments submitted through the registry

Effects of consultation

No comments were received in response to the Environmental Registry of Ontario notice.

Eighteen (18) comments were received in response to the ARA consultation process raising concerns related to:

  • pollution (noise, dust, vibration, spills)
  • health impacts (physical, mental)
  • quality of life
  • property values
  • natural resources (water table/well contamination, levels)
  • environmental impacts
  • traffic (noise, safety concerns)
  • blasting effects on structural integrity of houses

Three (3) objections remained outstanding at the conclusion of the ARA consultation process and as a result, this application was referred to the Ontario Land Tribunal for a hearing. All objectors withdrew prior to the conclusion of the hearing so the application was referred back to the Ministry for a decision.

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 March 23, 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:

  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)

D. Lafond Contracting Limited
641 Coniston Road
Garson, ON
P3L 1V9
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
013-2965
Ministry reference number
MNRF INST 23/18

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

Kendall Haddow

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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We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
013-2965
Ministry reference number
MNRF INST 23/18
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

May 17, 2018 - July 2, 2018 (46 days)

Proposal details

Proposal updates

This notice was updated on June 29, 2021 to advise the public that this application under the Aggregate Resources Act has been referred by the Ministry to the Ontario Land Tribunal.  Please refer to https://olt.gov.on.ca/tribunals/lpat/about-lpat/ for information on scheduled hearings of the Ontario Land Tribunal.

This notice was updated on January 13, 2021 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

D. Lafond Contracting Limited has applied for a Class “A” licence (Category 3 & 4 - Pit Above Water and Quarry Above Water) to excavate aggregate from a pit and quarry of 23.15 hectares in size. This application is for the establishment of a new pit and quarry. An annual tonnage condition of ‘unlimited’ tonnes of aggregate has been applied for.

Other information

D. Lafond Contracting Limited had a licence on the east and west side of Kukagami Lake Road, where they are now applying for a licence (west). However, it was a pit only (only able to extract loose material – sand, gravel, rocks). The portion on the west side was surrendered, so that a pit and quarry (consolidated material –bedrock) could be applied for in approximately the same area.

D. Lafond Contracting Limited currently operates the adjacent site (East side of Kukagami Lake Road) under the authority of licence # 20421 under the Aggregate Resources Act. In total, 7 hectares are currently licenced as a pit. An annual tonnage condition of 150,000 tonnes of aggregate can be removed from the site.

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
  • Summary Statement including Groundwater Summary Statement
  • Natural Environment Level I & II
  • Cultural Heritage Stage I
  • Noise Assessment
  • Blast Impact Assessment

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 meters 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.

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 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.

A Blast Design report is prepared if a sensitive receptor, defined by the Provincial Standards, is based within 500 meters 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. The last day for objections under the ARA was November 3, 2017.

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, The Northern Life and on September 14, 2017 and Le Voyageur on September 20, 2017. A public information session was held on October 24, 2017 at 7:00 p.m. at the Colonial Inn, 24 Cedar St. Coniston ON P0M 1M0.

The application for this licence was circulated within the MNRF Sudbury District office. Additionally, notification of this application was forwarded to the Municipality of Markstay-Warren, Sudbury East Planning Board, a utility company and Department of Fisheries and Oceans, 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 - Integrated Aggregate Operations Section
Address

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

Comment

Commenting is now closed.

This consultation was open from May 17, 2018
to July 2, 2018

Connect with us

Contact

Kendall Haddow

Phone number
Office
MNRF - ROD - Integrated Aggregate Operations Section
Address

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