Walker amendment posted on EBR

From Clearview Community Coalition November 25 2012

As mentioned in the CCC Newsletter, Walker Industries has applied for an amendment to their current license to allow an additional 600,000 tonne extraction. The amendment application has been posted on the Environmental Registry:

“All comments received prior to December 14, 2012 will be considered as part of the decision-making process by the Ministry of Natural Resources if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 011-7583.”

Follow this link for a description of the amendment application and for contact details.

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTE3OTU2&statusId=MTc2NTQ5&language=en

See below for the Niagara Escarpment Commission’s (NEC) comments.  We encourage you to send comments to the MNR.  The NEC comments will provide some important background information and an outline of their concerns. 

Letter from NEC to MNR November 5, 2012

To: Brent Armstrong

Aggregate Resources Officer Midhurst District

Ministry of Natural Resources 2284 Nursery Road

Midhurst, ON L0L1X0

Dear Mr. Armstrong:

Re: Application to Amend Aggregate Resources Act Site Plan Existing Duntroon Quarry

Walker Aggregates Inc., Licence No. 3514

Lot 24, Concession 12, Clearview Township, Simcoe County

As per your request MHBC has circulated an application to amend the current Aggregate Resources Act (ARA) Site Plan for the existing Duntroon quarry to the Niagara Escarpment Commission (NEC) for comment. The Commission has reviewed the proposed Site Plan amendment and offers the following comments.

According to the MHBC covering letter, the primary purpose of the amendment is to allow extraction of a lower bench of bedrock which lies along the north limit of the quarry. The upper portion of this area was extracted some time ago and was rehabilitated approximately 12 years ago to a 2:1 slope in accordance with the existing rehabilitation plans.

The provincial standard for quarry rehabilitation requires a 2:1 slope. The lower bench was not extracted under the current Site Plan in order to provide support for the soil material to achieve the required 2:1 slope.

The amendment to the Site Plan proposes to remove the rehabilitation materials in order to access the lower bench, to extract to the depth of the balance of the quarry (500 masl) and rehabilitate the north limit as an “aesthetic vertical face with wildlife habitat”. Approximately 600,000 additional tonnes of resource would become available. No expansion of the extraction area and no expansion of the licensed area is proposed.

Ontario Regulation 828/90 exempts the production of aggregate from land that was licensed for a pit or quarry on June 10, 1975 under the Pits and Quarries Control Act, 1971 and that has been licensed continuously since that date under the Aggregate Resources from the requirement of obtaining a Development Permit.

The major portion of the Duntroon quarry was licensed in 1972, prior to Niagara Escarpment Development Control regulation coming into effect (i.e., on June 10, 1975) and has been continuously licensed since that time.

The eastern portion of the quarry was licensed post-1975, following Amendments to the Niagara Escarpment Plan (NEP). NEP Amendments 16 & 17 redesignated the eastern 8 ha (20 ac) from Escarpment Protection Area to Escarpment Rural Area and then to Mineral Resource Extraction Area to permit the extension of an existing quarry. The Amendments were approved on November 10, 1988. Development Permit #3774/S/E/90-91/266 was issued to permit the extraction and operation of this easterly 7.5 ha (18.6 ac) extension of the existing quarry. A Site Plan was prepared under the Aggregate Resources Act for this separate area and was incorporated as a Condition of the Development Permit.

Provided the proposed extraction area is entirely contained within the portion of the quarry that was established and licensed under the Pits & Quarries Control Act/Aggregate Resources Act prior to June 10, 1975, the production of aggregate from this area is exempt from the requirement of obtaining a Development Permit under OR828/90. (Section 5.19. attached).

Although no Niagara Escarpment Development Permit is required for this extraction, we would still note certain concerns with this amendment to the Site Plan. These concerns pertain to the potential affect the extraction may have on lands to the north which are proposed for licensing and extraction and which have been conditionally approved by the Joint Board tribunal (NEPA 161). Applications for judicial review of this decision have been made.

However should the quarry expansion proceed, our concerns are that the information and studies prepared for the proposed new licensed area were based on the current Site Plan and rehabilitated area for the existing quarry. An amendment to the Site Plan which allows for further removal of aggregate at this location could have impacts on the proposed quarry expansion. There should be some mechanism in place to adequately address these impacts should the northerly expansion proceed.

Should the proposed amendment to the current Site Plan be approved we note the following. As mentioned, the provincial standard for quarry rehabilitation requires a 2:1 slope. The lower bench was not extracted under the current Site Plan in order to provide support for the soil material to achieve the required 2:1 slope, however, the provincial standard can and has been varied. The approved Site Plan identifies a vertical face at the south limit of the quarry similar to what is now proposed for the northerly limit.

The Mineral Resource Development Criteria (Section 2.11) of the NEP provides that exposed sections of pit or quarry faces may be left un-rehabilitated for aesthetic or educational purposes as incorporated into an approved after use plan. The intent of the amended rehabilitation plan is to leave a craggy surface with the final blasting, unlike the smooth blast surface of a typical working face. The consultant suggests that the resulting ledges may be suitable for fern and conifers and may provide avian habitat.

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NEC staff acknowledge that an exposed vertical face may provide an opportunity to view geological features. Creating a rough surface with ledges may improve the potential for herbaceous growth and conifer planting success and offer some avian habitat potential.

Extraction of the lower bench may affect the moisture regime of the area to the north of the extraction limit where the existing tree screen is located. If the moisture regime is affected, the continued survival of this screen could be impacted.

The rehabilitated area along the northern limit has been in place approximately 12 – 15 years. Removal of this material may impact the existing tree screen if the treed area has extended south since the rehabilitation. The Mineral Resources Development Criteria 2.11.4 c) requires that: “All [screen] plantings should be properly maintained to ensure continued survival and good growth rates.” Mitigation measures may be needed to protect the existing trees or replace trees to ensure an effective screen is maintained.

There is a proposed trail along the north limit of the quarry to access the proposed recreation area in the western section and to provide views of the quarry. A safety fence will be necessary as the proposed 30 m (100 ft) vertical face could represent a safety concern for trail users. The Typical Cross Sections, page 4 of 5 of the Site Plan, does not provide a “Geological Feature Edge Standard” specific to the proposed vertical north face. We assume from the cross section that it will appear similar to E5.

An existing monitoring well within the rehabilitated area will need to be removed. The monitoring well may need to be replaced in another location to ensure appropriate monitoring is continued. Development Criteria 2.11.1 b) speaks to the protection of surface and groundwater resources. We must be assured that there are no hydrogeological impacts anticipated as a result of removing the lower bench.

The proposed amendment also incorporates a number of housekeeping amendments to reflect the current state of extraction and relocation of the scale and scale house (DP #5953/S/E/2006-2007/9082), relocated processing plant and stockpiles, removed asphalt plant, the removal and replacement of hydro poles, etc. The cross sections have been revised to reflect the additional extraction and resulting rehabilitation to a vertical face. Corrections have been made to name references, changing Georgian Aggregates to Walker Aggregates Inc and Bruce Trail Association to Bruce Trail Conservancy. The Site Plans showed a proposed tunnel to the expansion quarry. This has been removed and will require a further ARA Site Plan amendment should the quarry expansion to the north be approved and the proposed tunnel revisited.

These housekeeping changes are not anticipated to negatively impact the Escarpment environment and do not require a Development Permit provided we are correct in our determination respecting the lands licenced under NEP Amendments 16 and 17 after June 10, 1975.

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If you have any questions regarding these comments please contact Judy Rhodes-Munk at 519-599-2464 or judy.rhodes-munk@ontario.ca.

?Yours truly,

Ken Whitbread, Manager, NEC