Waterford Sand & Gravel Ltd. - Issuance of a licence to remove over 20,000 tonnes of aggregate annually from a pit or a quarry

Waterford Sand & Gravel Ltd. has applied for a Class A licence to excavate aggregate from a below-water quarry of 72.30 hectares in size with an extraction area of 51.2 hectares.

This application is for an expansion to existing ARA licences No. 4464 and 607541. It is proposed that all tonnage removed from the proposed licence and adjacent ARA licences No. 4464 and 607541 will be combined for a total annual tonnage of 800,000 tonnes.

Other information

Waterford Sand & Gravel Ltd. currently operates two adjacent sites under the authority of licences No. 4464 and 607541 under the ARA. In total, 144.33 hectares are currently licenced as a quarry. The annual tonnage condition for each licence, respectively, is 400,000 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. Ontario Regulation 244/97 and the Aggregate Resources of Ontario Standards set 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.

For this proposal, the following information has been prepared and submitted to the Ministry of Natural Resources and Forestry (MNRF):

• Site Plan
• Summary Statement (‘Planning Justification Report and ARA Summary Statement’)
• Natural Environment Report (‘NE Report Level 1 and 2 Assessment’)
• Water Report (‘Max Water Table Report’ & ‘Level 2 Water Report’)
• Cultural Heritage Reports (‘Archaeological Assessment Report – Stage 1, Stage 2 & Stage 3, ASI, 2020, 2021, and 2022’ and ‘Cultural Heritage Evaluation Report’)
• Noise Assessment Report (‘Noise Impact Study’)
• Blast Design Report (‘Blast 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 metres); 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 identifies the presence of significant natural heritage features/areas that exist on the site or within 120 metres of the site. Where any of the features or areas have been identified, the report must identify and evaluate any negative impacts on the features or areas and ecological functions, and identify any proposed preventative, mitigative or remedial measures. The report must also identify if the application site or any of the features are located within a natural heritage system that has been identified by a municipality in ecoregions 6E and 7E or by the province as part of a provincial plan.

The Cultural Heritage Report must be consistent with provincial requirements under the Ontario Heritage Act and the Provincial Policy Statement. Screening checklists evaluating the potential for archaeological resources, built heritage and cultural heritage landscapes, with supporting documentation, is required. Where screening indicates that assessments are requirement to be completed, the assessment reports and letters from the Ministry of Heritage, Sport, Tourism and Cultural Industries must be obtained.

A report must be prepared that details how the maximum predicted water table is identified in metres above sea level, relative to the proposed depth of excavation at the site. Applications proposing to excavate below the maximum predicted water table must complete a Water Report. Level 1 determines the potential for impacts to ground water and surface water resources and their uses. If the Level 1 identifies a potential for impacts resulting from the operation, then an impact assessment (Level 2) is required to determine the significance of the effect and potential for mitigation.

A Noise Assessment report is prepared if proposed excavation and/or processing facilities are within 150 metres (for pit applications) or 500 metres (for quarry applications) of a sensitive receptor. The report is required to determine whether provincial guidelines for Stationary and Transportation Sources can be satisfied.

A Blast Design report is prepared if a sensitive receptor is within 500 metres of the limit of excavation for a Class A quarry application. The report is required to demonstrate that provincial guidelines for blast overpressure and ground vibration can be satisfied.

The Ministry reviews all comments received through the Environmental Registry of Ontario and the notification and consultation process under the 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 in Ontario Regulation 244/97 under the ARA and on the Ministry website at aggregate resources|ontario.ca. 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.

Public consultation opportunities

Written notice concerning this application was delivered to landowners within 120 metres of the proposed licensed boundary; an information sign, giving notice to the public of this application, was erected at the proposed site; and a Public Notice of Application appeared in the local paper, the Niagara this Week on November 10, 2022.

The information submitted in support of this application can be viewed at http://waterfordgroup.ca/construction-materials/law-crushed-stone. An information session to present the details of the proposed new licence was scheduled for November 24th, 2022 from 5:00pm to 7:00pm at the Port Colborne BIC Church located at 10641 Hwy #3 West, Port Colborne. For those unable to participate in this session, the consultant for the applicant can be contacted by emailing LCSExtension@mhbcplan.com to discuss details and answer questions related to the application.

The application for this licence is being circulated within the MNRF. Additionally, notification of this application has been forwarded for comment to the Township of Wainfleet, Regional Municipality of Niagara, Ministry of Environment Conservation Parks, Ministry of Transportation, Ministry of Tourism, Culture and Sport, Niagara Peninsula Conservation Authority and several utility companies with infrastructure within 120m metres of the proposed site.