This consultation was open from:
December 27, 2019
to February 10, 2020
Decision summary
Harold Sutherland Construction Ltd. was issued a licence to extract aggregate from a quarry in the Township of Georgian Bluffs.
Location details
Site location details
Part Lot 36, Concession 2 (Former Sarawak Township) in the Township of Georgian Bluffs in the County of Grey
The site is located 3 kilometers south of the village of Kemble on Grey Road 1, immediately south of the boundary of the existing Sarawak Quarry (ARA license # 5041).
A link showing sites licensed under the Aggregate Resources Act is provided: ontario.ca - find pits and quarries.
Proponent(s)
Harold Sutherland Construction Ltd.
323545 East Linton Road
R.R. #2
Kemble,
ON
N0H 1S0
Canada
Decision details
Aggregate Resources Act (ARA) Licence # 626430 was issued to Harold Sutherland Construction Ltd. on March 19, 2021, subject to conditions specified on Schedule A (Prescribed Conditions) and B.
The licensed area is 15.55 hectares in size with extraction occuring below the established water table. The tonnage condition specifies a maximum of 400,000 tonnes of aggregate to be removed from the site in any calendar year in combination with the adjacent existing quarry.
A copy of the licence can be obtained by contacting the Ministry office and contact identified below.
Effects of consultation
No comments were received in response to the Environmental Registry notice.
Four (4) letters were received in response to the ARA consultation process, one of which indicated no concerns. Objections received were related to potential negative impacts to agricultural capacity, ground and surface water, importation of fill, recycling, and berms. The applicant worked to address the objections by providing additional information and revising the site plan. All objections to the application have been withdrawn.
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 22, 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)
Harold Sutherland Construction Ltd.
323545 East Linton Road
R.R. #2
Kemble,
ON
N0H 1S0
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
Brent Armstrong
300 Water Street
4th Floor South
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Harold Sutherland Construction Ltd. has applied for a Class A licence (Category 2 – Quarry Below Water) to excavate aggregate from a quarry of 15.55 hectares (ha) in size with an extraction area of 14.3 hectares. This application is for the establishment of a new quarry. The maximum annual tonnage applied for is 400,000 tonnes, in combination with the existing quarry.
Other information
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. A link to the Provincial Standards for proposed pits and quarries is provided in the notice.
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 (June 2019)
- Natural Environment (Level 1 + 2)
- Cultural Heritage (combined Stage 1 +2)
- Hydrogeological (Level 1 and 2)
- Archaeological Assessment (Stage 1 and 2)
- Blasting Study
- Noise Impact Study
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.
A Noise Assessment report is prepared if extraction and/or processing facilities are within 150 meters (for pit 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 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 sent via registered mail or hand delivery 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 has appeared in the local paper, the Owen Sound Sun Times, on September 28, 2019. A public information session was held on October 24, 2019 between 4 p.m. and 6 p.m. at the Lab Boardroom of Harold Sutherland Construction at 323554 East Linton Road West in the Township of Georgian Bluffs.
The application for this licence is being circulated within the Ministry of Natural Resources and Forestry - Midhurst District and Owen Sound field offices. Additionally, notification of this application has been forwarded to the Township of Georgian Bluffs, the County of Grey, Grey Sauble Conservation Authority and the Ministry of Environment, Conservation and Parks 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.
1450 7th Avenue East
Owen Sound,
ON
N4K 2Z1
Canada
177964 Grey Road 18
R.R. #3
Owen Sound,
ON
N4K 5N5
Canada
595 9th Ave East
Owen Sound,
ON
N4K 3E3
Canada
Comment
Commenting is now closed.
This consultation was open from December 27, 2019
to February 10, 2020
Connect with us
Contact
Ken Mott
2284 Nursery Road
Midhurst,
ON
L9X 1N8
Canada
Comments received
Through the registry
0By email
0By mail
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