Capital Paving Inc. - Permit to take water

Instrument type: Permit to take water

ERO number
019-8240
Ministry reference number
1000267488
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
February 7, 2024 - March 8, 2024 (30 days) Closed
Last updated

This consultation was open from:
February 7, 2024
to March 8, 2024

Decision summary

The Permit to Take Water No. P-300-1267489751 was issued to Capital Paving Inc. on August 7, 2024. Water will be taken from one pond for aggregate washing purposes at the Shantz Station Pit, located at 1195 Foerster Road in Breslau, Ontario.

Location details

Site address

1195 Foerster Road
Breslau, ON
Canada

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)

Capital Paving Inc.
88 Wyndham Street
Station Main, P.O. Box 815
Guelph, ON
N1H 6L8
Canada

Decision details

The Permit to Take Water No. P-300-1267489751 was issued to Capital Paving Inc. on August 7, 2024. Water will be taken from one pond for aggregate washing purposes at the Shantz Station Pit, located at 1195 Foerster Road in Breslau, Ontario.

Details of the water taking are as follows:

Permit type – New

Source Name: Source Pond

  • purpose: aggregate washing
  • maximum rate per minute (litres): 11,500
  • maximum number of hours of taking per day: 10
  • maximum volume per day (litres): 6,900,000
  • maximum number of days of taking per year: 200
  • period of taking: March 1 to December 361 for 10 years

Permits to Take Water include conditions that require the permit holder to:

  • collect and record the daily amount of water taken
  • comply with the terms and conditions in the permit
  • immediately report complaints or interference to the ministry
  • report water takings each year to the ministry

Issued Permits To Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, P-300-1267489751, in the search field located at the top of the map, see "I want to...Search by Approval Number", here:

https://www.lioapplications.lrc.gov.on.ca/Access_Environment/index.html?viewer=Access_Environment.AE&locale=en-CA

Access Environment displays the following information:

  • business name
  • facility address and location on an interactive map
  • type of approval or registration from the ministry (view a PDF copy)
  • date of issue
  • status of the approval (approved, amended, revoked and/or replaced)
  • status of the registration (registered, suspended, removed)

Comments received

Through the registry

37

By email

0

By mail

2
View comments submitted through the registry

Effects of consultation

Comments relevant to the water taking proposal were considered as part of the review of the application. The main concerns raised were regarding the following:

  • potential impacts on groundwater quality and quantity
  • potential interference with neighboring wells
  • concerns about impacting the environment, particularly the local watershed and Hopewell Creek
  • accountability for impacts to water supply or contaminated or compromised wells

All comments related to water resource impacts have been carefully reviewed and considered as part of the technical review. The following points contributed to the Ministry’s decision to issue the Permit:

  • The Permit authorizes water to be taken from a dugout “source pond” for aggregate washing in a closed loop system where the majority of the water is recirculated. After water is used to wash the aggregate, it is discharged to a settling pond where fine grained material is removed, before flowing back to the source pond. Some water is lost in the washing process and to evaporation, but the majority (greater than 90%) is returned to the wash pond and groundwater system to be reused. Water takings from other sources (e.g., groundwater wells) are not authorized by this Permit.
  • The aggregate washing process does not use chemicals; silt and clay-sized particles are separated from the aggregate and settle in the pond. No water is discharged or leaves the site as runoff. Changes to groundwater quality are not anticipated. Furthermore, the Permit includes a condition requiring groundwater quality monitoring of on-site wells surrounding the taking to identify any potential water quality impacts. Additionally, operation of the aggregate washing facility will require an Environmental Compliance Approval issued by the Ministry.
  • The drawdown from the water taking is expected to be small and limited to the site boundary and thus impacts to surrounding private wells and/or surface water are unlikely. Additionally, the Permit includes conditions requiring the Permit Holder to monitor groundwater levels and surface water levels in Hopewell Creek and a nearby pond to identify any potential water quantity impacts. Groundwater monitoring will include wells on the property and private neighboring wells identified through private well surveys.
  • The Permit requires the Permit Holder to submit a report to the Ministry prepared by a Qualified Person following three years of pumping on the site that interprets all pumping and monitoring data, evaluates long-term trends and assesses any impacts. A similar report will also be required to support any request to amend or renew this Permit. The Permit has been issued for a period of 5 years as opposed to the requested 10 years in order to evaluate the taking at an earlier date.

The Permit includes a condition that, if the water taking is observed to cause any negative impact to other water supplies, requires the Permit Holder to make available an equivalent supply of water or compensate those affected for the costs to do so. A Well Interference Complaint Procedure has been established to facilitate action by the Permit Holder in the event of a well interference complaint.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from August 9, 2024 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
Matt Corriveau
Signing Director

Environmental Permissions Branch
135 St Clair Ave West
5th Floor
Toronto, ON
M4V 1P5
Canada

416-845-3689

Proponent(s)

Capital Paving Inc.
88 Wyndham Street
Station Main, P.O. Box 815
Guelph, ON
N1H 6L8
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
019-8240
Ministry reference number
1000267488

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.

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Original proposal

ERO number
019-8240
Ministry reference number
1000267488
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

February 7, 2024 - March 8, 2024 (30 days)

Proposal details

This proposal is for a new Permit to Take Water for Capital Paving Inc. Water will be taken from one pond for aggregate washing purposes at the Shantz Station Pit, located at 1195 Foerster Road in Breslau, Ontario. Details of the water taking are as follows:

Permit type – New

Source Name: Source Pond

  • purpose: aggregate washing
  • maximum rate per minute (litres): 11,500
  • maximum number of hours of taking per day: 10
  • maximum volume per day (litres): 6,900,000
  • maximum number of days of taking per year: 200
  • period of taking: March 1 to December 361 for 10 years

There are 3 categories of a Permit to Take Water:

  • Category 1: water takings are anticipated to have a lower risk of causing an unacceptable environmental impact/interference
  • Category 2: water takings are anticipated to having a higher potential of causing unacceptable environmental impact or interference
  • Category 3: water takings are anticipated to have the highest potential of causing unacceptable environmental impactor interference

The proposed water taking qualifies as a Category 3 permit.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from February 7, 2024
to March 8, 2024

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