Waterford Sand & Gravel Ltd. - Changes to the site plan for a pit or quarry

Instrument type: Changes to the site plan for a pit or quarry

ERO number
025-0723
Ministry reference number
Licence No. 4464
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources
Notice stage
Decision
Decision posted
Comment period
July 15, 2025 - September 13, 2025 (60 days) Closed
Last updated

This consultation was open from:
July 15, 2025
to September 13, 2025

Decision summary

Approval was granted for a site plan amendment to allow Waterford Sand & Gravel Limited to reduce the western licence boundary setback from 30m to 0m. 

Location details

Site location details

Township of Wainfleet, Regional Municipality of Niagara

Part Lots 3, 4 & 5, Concession 2, Geographic Township of Wainfleet.

The site is located approximately 2 kilometres west of Port Colborne.

This site has coordinates at Latitude 42.89650° N Longitude 79.30536° W.

The site is ARA licence No. 4464.

The site and proposed setback reduction is adjacent to the eastern boundary of application No. 626574 under the Aggregate Resources Act.

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Site location map

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Proponent(s)

Waterford Sand & Gravel Ltd.
70 Ewart Avenue
Brantford, ON
N3T 5M1
Canada

Decision details

The approval to reduce the western setback from 30m to 0m for licence #4464 was approved by the Director on December 16, 2025

A copy of the approved site plan for this licensed site can be obtained from the contact identified below. 

Comments received

Through the registry

8

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Eight (8) comments were received in response to the Environmental Registry notice. The concerns were related to the delay of final rehabilitation which would occur by allowing further extraction in this area, potential for adverse impacts to the groundwater and the potential need for excess soil importation to perform rehabilitation. 

Comments were also directed at the adjacent licence application by Waterford Sand & Gravel Limited. 

The removal of the setback will extend the life of the site and extend the final rehabilitation of the site. However, the site will still be required to continue ongoing progressive rehabilitation. 

The applicant has undertaken an in-depth hydrogeological assessment for the adjacent site which includes the former road allowance and considered the removal of the setback to ensure that potential impacts to groundwater were mitigated. Licence #4464 has an existing Permit to take Water (PTTW) from the Ministry of Environment, Conservation and Parks. All requirements of this PTTW are still in effect and all conditions of the permit must be adhered to. The licensee will be required to update their site plan if excess soil is required for licence 4464. Importation of excess soil would require the licensee to adhere to standard requirements related to monitoring of quality and quantity to ensure that excess soil follows O. Reg 406/19. 

The concerns were addressed by the additional information provided and the site plan revisions. 

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 - Divisional Delivery Branch
Address

300 Water Street
ARAApprovals@ontario.ca
Peterborough, ON
K9J 3C7
Canada

How to Appeal

Appeals are not allowed

This instrument type cannot be appealed. Learn more about our consultation process.

Connect with us

Contact

Jason McLay

Phone number
Email address
Office
Ministry of Natural Resources | Aggregates Section
Address

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

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Original proposal

ERO number
025-0723
Ministry reference number
Licence No. 4464
Notice type
Instrument
Act
Aggregate Resources Act, R.S.O. 1990
Posted by
Ministry of Natural Resources
Proposal posted

Comment period

July 15, 2025 - September 13, 2025 (60 days)

Proposal details

Application has been made by Waterford Sand & Gravel Ltd. to amend the current site plan. The change would remove the 30-metre western setback. This setback is adjacent to the Biederman Road road allowance which has been closed by the municipality and is privately owned. The road allowance is included in an ongoing new licence application by Waterford Sand & Gravel (ref. No. 626574). Application No. 626574 considered the removal of the setback on Licence No. 4464 and anticipates the two quarries would connect to form a single lake. A decision on Application No.626574 and the amendment to Licence No. 4464 would occur concurrently.

Public consultation opportunities

Waterford Sand & Gravel’s new licence application (ref. No. 626574) contemplated the removal of the western setback within Licence No. 4464. The following agencies were provided the opportunity to review and comment on that proposal: Ministry of Natural Resources, Township of Wainfleet, Regional Municipality of Niagara, Ministry of Environment Conservation and Parks, Ministry of Transportation, Ministry of Citizenship and Multiculturalism, Niagara Peninsula Conservation Authority and several utility companies. The ministry has considered the consultation requirements under the Aggregate Resources Act for an amendment as satisfied by the consultation undertaken for ApplicationNo. 626574.

Other Information

The technical report requirements for an amendment to extend extraction below the water table were satisfied by the technical reports prepared for application No. 626574. The following information was submitted to the Ministry of Natural Resources:

  • 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’)
  • Site Plan for Licence No. 4464

The Summary Statement required for a new licence application 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. This information addresses the ‘Planning and Land Use Considerations’ information required for an above-to-below amendment application.

The Natural Environment Report required for a new licence application 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. As the western setback of Licence No. 4464 lays within 120 metres of the proposed new licence No. 626574, the Natural Environment Report prepared for application No. 626574 considered the presence of significant natural heritage features/areas within the subject setback. This information addresses the ‘Natural Environment Assessment’ required for an above-to-below amendment application.

A Water Report is required for new site applications proposing to excavate below the maximum predicted water table. This report determines the potential for impacts to ground water and surface water resources and their uses. If a potential for impacts resulting from the operation is identified, then an impact assessment is required to determine the significance of the effect and potential for mitigation. This information addresses the ‘Water Assessment’ required for an above-to-below amendment application.

The Site Plan addresses existing features of the 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. A revised site plan for Licence No. 4464 has been submitted to the ministry for review for compliance with the Aggregate Resources Act and the regulations and policies that apply.

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 - Divisional Delivery Branch
Address

300 Water Street
ARAApprovals@ontario.ca
Peterborough, ON
K9J 3C7
Canada

Comment

Commenting is now closed.

This consultation was open from July 15, 2025
to September 13, 2025

Connect with us

Contact

Rose Copland

Phone number
Email address
Office
Ministry of Natural Resources | Aggregates Section
Address

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