This consultation was open from:
October 10, 2019
to November 25, 2019
Decision summary
Ernie Herrington Excavation, Trucking and Sanitation Ltd. was issued a licence to extract aggregate from a pit in the Municipality of North Middlesex.
Location details
Site location details
Part Lots 17 & 18, Concession 7, Geographic Township of West Williams
Municipality of North Middlesex, Middlesex County
The site is located four kilometers east of Arkona along Townsend Line.
The site is adjacent to the north boundary of Aggregate Resources Act license # 2289.
A link to our mapping tool allows you to locate and view licensed site under the Aggregate Resources Act.
Proponent(s)
Ernie Herrington Excavation, Trucking and Sanitation
9318 Townsend Line, R.R. #1
Arkona,
ON
N0M 1B0
Canada
Decision details
Aggregate Resources Act (ARA) Licence No. 626370 was issued on February 23, 2021 to Ernie Herrington Excavation, Trucking and Sanitation Ltd.
The licensed area is 9.26 hectares in size and the annual tonnage is 150,000 tonnes. The site is licensed to operate in the Geographic Township of Williams, a part of the Municipality of North Middlesex, and is subject to the Prescribed Conditions (Schedule A). The final rehabilitation of this site will be a pond and agricultural area with a minimum of 3:1 side slopes and naturalized plantings above the water level.
Please contact the Ministry office and contact identified below to view a copy of the approved site plan/licence for this licenced site.
Effects of consultation
One comment was received in response to the Environmental Registry notice but it was unrelated to this specific application.
One objection was received in response to the ARA Notice of Application. The concerns were related to:
- The protection of Natural Heritage features involving the placement of erosion and sediment control fencing along a 10 metre buffer of a woodland feature.
- Asking for a further definition of naturalization activities.
- Marker post installation
- Hydro pole installation
- Showing existing stockpiles on the site plan
- Maintenance of fences and the further mapping of 10 metre buffer once corn is harvested
Concerns were addressed by the applicant providing additional information and revisions to the site plan and reports.
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 20 days from March 12, 2021 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:
- 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)
Ernie Herrington Excavation, Trucking and Sanitation
9318 Townsend Line, R.R. #1
Arkona,
ON
N0M 1B0
Canada
Local Planning Appeal Tribunal
Formerly Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
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
Derek Seim
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Ernie Herrington Excavation, Trucking and Sanitation has applied for a Category 1 Class A Below Water licence to excavate aggregate from a pit of 9.26 hectares in size. This application is for the establishment of a new pit that will be an expansion of an existing pit. The annual tonnage condition applied for is 150,000 tonnes.
Other information
Ernie Herrington Excavation, Trucking and Sanitation currently operates the adjacent site under the authority of licence # 2289 under the Aggregate Resources Act. In total 18.3 hectares are currently licenced as a below water pit. The annual tonnage condition is 150,000 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. 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 (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 Ministry of Natural Resources and Forestry office listed below:
- Site plan
- Summary Statement
- Natural Environment Level 1 & 2
- Cultural Heritage Stage 1 & 2
- Hydrogeological Report Level 1 & 2
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.
Comments received through the Environmental Registry 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 Aggregate Resources Act. To be considered as a formal objector, individuals need to contact the Ministry of Natural Resources and Forestry 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 meters 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 Parkhill Gazette on October 3, 2019. A public information session will be held on November 4, 2019 between 4 p.m. and 6 p.m. at the West Williams Hall, 32217 Kerwood Road, Parkhill, Ontario.
The application for this licence is being circulated within the Ministry of Natural Resources and Forestry Aylmer District office. Additionally, notification of this application has been forwarded to the Municipality of North Middlesex, the County of Middlesex, the Ausable Bayfield Conservation Authority, the Ministry of the Environment, Conservation and Parks, and the Ministry of Agriculture Food and Rural Affairs 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.
615 John Street North
Aylmer,
ON
N5H 2S8
Canada
399 Ridout Street North,
London,
ON
N6A 2P1
Canada
P.O. Box 9, 229 Main Street
Parkhill,
ON
N0M 2K0
Canada
Comment
Commenting is now closed.
This consultation was open from October 10, 2019
to November 25, 2019
Connect with us
Contact
Stephen Douglas
615 John Street North
Aylmer,
ON
N5H 2S8
Canada
Comments received
Through the registry
1By email
1By mail
0