Thomas Cavanagh Construction Limited - Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

Thomas Cavanagh Construction Limited has applied for a Class A licence (Pit Above Water) to excavate aggregate from a pit of 19.5 hectares in size with an extraction area of 18.6 hectares. This application is for the establishment of a new pit. The annual tonnage condition applied for is 250,000 tonnes.

Other information

Thomas Cavanagh Construction Limited currently operates the adjacent site under the authority of Licence No. 4247 under the ARA. In total 47.8 hectares are currently licenced as a pit. The annual tonnage condition is 500,000 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.

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.

For this proposal, the following has been submitted in support of the application:

• Site plan
• Summary Statement
• Natural Environment level 1 and 2
• Cultural Heritage Resources Report (Archeological Assessment Stage 1 and 2)
• Noise Assessment (Noise Impact Assessment)

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 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.

The Ministry reviews all comments received through the Environmental Registry and the notification and consultation process under the Aggregate Resources Act (ARA), and considers them before making a decision. Comments received through the Environmental Registry are considered by the Ministry however, the process under the ARA is proponent driven. This means that comments for consideration by the applicant under the ARA process must be submitted to the applicant and the Ministry during the 60-day consultation period initiated by the applicant.

Details of the application process can be found Ontario Regulation 244/97 under the Aggregate Resources Act, as well as on the Ministry website here. Many regulatory changes for new applications took effect on April 1, 2021. This means that applications submitted after March 31, 2021 must meet the new requirements in Ontario Regulation 244/97 and Aggregate Resources of Ontario Standards. However, if the application was submitted before April 1, 2021 and met the site plan and report standards of Aggregate Resources of Ontario Provincial Standards, Version 1.0 the applicant is not required to change these documents to meet the new requirements.

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 Public Notice of Application form appeared in the local paper, the Lanark Era on May 4, 2021.

Due to the ongoing COVID-19 pandemic, the information submitted in support of the application is available for viewing at www.cavanagharaapprovals.com. A virtual Public Information Session, was held during business hours between June 7, 2021 to June 11, 2021.

The application for this licence is being circulated within the Ministry of Northern Development, Mines, Natural Resources and Forestry. Additionally, notification of this application has been forwarded to the Township of Lanark Highlands, County of Lanark, the Mississippi Valley Conservation Authority, the Ministry of Heritage, Sport, Tourism and Culture Industries and the Ministry of Environment, Conservation and Parks for comment.