Bill MacPherson - 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
019-7179
Ministry reference number
#626592
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources
Notice stage
Decision
Decision posted
Comment period
June 15, 2023 - August 14, 2023 (60 days) Closed
Last updated

This consultation was open from:
June 15, 2023
to August 14, 2023

Decision summary

Talbot Sand and Gravel Limited, was issued a licence to extract aggregate from a pit in the Municipality of Central Elgin. 

Location details

Site location details

Lot 6, Concession 12, Geographic Township of Yarmouth

Central Elgin, Elgin County

The site has coordinates at latitude 42.84831° N, longitude: 81.16729° W

The site is adjacent to the east boundary of Aggregate Resources Act (ARA) Licence 2134.

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)

Bill MacPherson
43371 Truman Line
St. Thomas, ON
N5P 3T1
Canada

Decision details

Aggregate Resources Act (ARA) license #626592 was issued to Talbot Sand and Gravel Limited on August 22,2025 subject to conditions specified on Schedule A & B for a Class A licence. 

The licensed area is 23.4 hectares in size with an extraction area of 20 hectares and allows for the operation of a pit below the water table. A maximum of 250,000 tonnes of aggregate may be removed from the site in any calendar year.   

A copy of the licence can be obtained by contacting the Ministry office and contact identified below. 

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Zero (0) comments were received in response to the Environmental Registry of Ontario consultation process. 

Three (3) comments were received in response to the ARA consultation process. 

The comments were related to: 

  • Wildlife
  • Rehabilitation
  • Site plan notes
  • Neighbouring wells
  • Final end use

The applicant worked to address the comments by providing additional information and revising the site plan. All comments were resolved prior to the conclusion of the process. 

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.

Ministry of Natural Resources | Aggregates Section
Address

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

How to Appeal

This instrument decision can be appealed. You have 15 days from August 29, 2025 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
Mahnaz Larochelle
A/Aggregate Resources Manager

Ministry of Natural Resources: Aggregates Section
4th Floor S, 300 Water Street,
Peterborough, ON
K9J 3C7
Canada

416-305-9109

Proponent(s)

Bill MacPherson
43371 Truman Line
St. Thomas, ON
N5P 3T1
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
019-7179
Ministry reference number
#626592

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

Kristy Ferguson

Phone number
Office
Ministry of Natural Resources | Aggregates Section
Address

4th Floor S, 300 Water Street
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
019-7179
Ministry reference number
#626592
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

June 15, 2023 - August 14, 2023 (60 days)

Proposal details

Proposal Updates

This notice was updated on June 09,2025 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.  

Proposal Details

Talbot Sand and Gravel Limited has applied for a Class A licence, Pit Below Water, to excavate aggregate from a pit of 23.4 hectares in size with an extraction area of 20 hectares.

This application is for the establishment of a new pit. The annual tonnage condition applied for is 250,000 tonnes.

Other information

Talbot Sand and Gravel Limited currently operates the adjacent site under the authority of Licence No. 2134 under the Aggregate Resources Act (ARA). In total 10.3 hectares are currently licenced as a pit. The annual tonnage condition is 250,000 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
  • Natural Environment Report
  • Cultural Heritage Report (Archaeological Assessment - Stage 1 and 2)
  • Water Report (Hydrogeological Level Assessment)
  • Noise Report

The Site Plan addresses existing features of the pit 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 identifies the presence of significant natural heritage features/areas that exist on the site or within 120 meters 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 Tourism, Culture and Sport 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 meters (for pit applications) of a sensitive receptor. The report is required to determine whether provincial guidelines for Stationary and Transportation Sources can be satisfied.

The Ministry reviews all comments received through the Environmental Registry of Ontario (ERO) and the notification and consultation process under the Aggregate Resources Act (ARA), and considers them before making a decision. Comments received through the ERO 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 meters 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 St. Thomas Times Journal newspaper on January 27, 2023.

The information submitted in support of this application can be viewed by contacting cameron.curran@ontario.ca.

In place of a Public Information Session, Bill MacPherson will be available to discuss details and answer questions related to the application at larnamacpherson@icloud.com.

The application for this licence was circulated within the Ministry of Natural Resources and Forestry. Additionally, notification of this application was forwarded to the County of Elgin, and Municipality of Central Elgin, 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 - DDB - Aggregates Section
Address

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

Comment

Commenting is now closed.

This consultation was open from June 15, 2023
to August 14, 2023

Connect with us

Contact

Cameron Curran

Phone number
Office
MNRF - ROD - DDB - Aggregates Section
Address

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