Gravel Pit Operations in the French’s Hill area in the Township of Tiny

Council Mic and Gavel
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Press Releases
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10 12 2022 - Gravel Pit Operations in the Frenchs Hill area in the Township of Tiny.pdf

Gravel Pit Operations in the French’s Hill area in the Township of Tiny

 

Teedon Pit

1. Proposed gravel pit expansion to the north

  1. In 2012, K.J. Beamish Construction Ltd. (Beamish) submitted an Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) applications to expand the existing Teedon Pit located at 40 Darby Road to the north to include the property located at 2 Darby Road
  2. In 2017, CRH Canada Group Inc. (CRH) purchased Beamish
  3. In March 2018, CRH appealed the Planning Act Applications to the OMB (now OLT) for the Township’s refusal to make a decision on the OPA within 180 days and on the ZBA within 120 days.  It is noted that the Township has outstanding concerns with the applications, specifically in the area of hydrogeology
  4. In January 2019, CRH submitted an Aggregate Resources Act (ARA) License application to the Ministry of Natural Resources and Forestry (MNRF), which proposed a reduced size of the original licensed area by 64% and original extraction area by 65%
  5. The Township retained the expert professional services of R.J. Burnside & Associates Limited, Aercoustics Engineering Limited, and the Severn Sound Environmental Association to complete a thorough and extensive technical peer review of the application and supporting material on behalf of the Township. As a result of the peer review, the Township had a number of concerns in the areas of hydrogeology, traffic, noise, site operation, and natural heritage. These concerns were provided by the Township to the Province in a letter dated March 25, 2019.
  6. CRH has worked to address the concerns of the Township since March 2019 as documented by updated letters by the Township to the Province dated January 29, 2020 and December 3, 2020.
  7. In April 2021, the ARA License Application was consolidated with the Planning Act Applications at the OLT.
  8. In May 26, 2021, the Township provided a letter to the Province advising that all technical issues raised by the Township have been satisfactorily addressed.
  9. In December 2021, the Township signed Minutes of Settlement with CRH, whereby the Township advised the OLT that its concerns with the applications have been addressed, that it does not object to the Official Plan and Zoning By-law Amendment applications and that its objections to the Aggregate Resources Act License Application have been resolved.

2. Permit to Take Water Application

  1. On January 23, 2018 the Ministry of Environment Conservation and Parks (MECP) posted the Permit to Take Water (PTTW) application on the MECP Environmental Bill of Rights Registry (EBR)
  2. The Township retained the expert professional services of R.J. Burnside & Associates Limited to complete a thorough and extensive technical peer review of the application and supporting material on behalf of the Township.

As a result of the peer review, Burnside recommended the following comments be made on the application:  

  • The current condition of nearby domestic wells should be established, including the well depth and condition of the casing / screen, and the well yield and general water quality.
  • The monitoring network at the Teedon Pit should be expanded to include a staff gauge in the wash pond, a nested well with screens completed at a variety of depths (to monitor change in gradients during use of the wash pond), along with a number of wells completed in the aquifer(s) that are used by domestic wells in the area.
  1. On February 15, 2018, the Township submitted formal comments on the EBR with the two Burnside recommended comments as well as noting that the Township supported the concerns of the local residents regarding the negative impacts associated with the water taking activities on the domestic potable water supply in the area.
  2. On January 15, 2021, the PTTW was issued by the MECP. The Township retained Burnside to review the PTTW and the supporting documentation to confirm that the MECP considered the Township’s comments as part of the approval process.
  3. On January 26, 2021, Burnside presented a letter to Council confirming the following:
  • The new PTTW has a much more robust monitoring program than the original PTTW and addresses the Township’s request for additional wells.
  • The monitoring program will be completed, and the annual report is to be prepared by a qualified person (P.Geo. or equivalent).
  • The Permit requires that an annual report documenting the monitoring well results be submitted to the MECP. This will allow the MECP to evaluate the impacts of pumping and make any necessary additions to the monitoring program/permitted rates as required.
  • The PTTW also requires the monitoring of specific domestic wells, which is unusual. Residents, who feel that their wells may have been impacted, may wish to contact CRH to have their well added to monitoring program.
  • It is Burnside’s opinion that all of the Township comments have been addressed by the MECP and the conditions included in the new PTTW.
  1. On January 27, 2021, Council gave direction to Township legal counsel to seek leave to appeal the approval of the PTTW.
  2. On April 19, 2021, the Environmental Review Tribunal granted the leave to appeal to the Township.
  3. The Township retained a second hydrogeological engineering expert, BluMetric Environmental Inc., to conduct a hydrogeological review of material associated with the PTTW. The purpose of the review was to determine if the hydrogeological studies that have been undertaken have used the appropriate process and technical approach to determine if there are any potential impacts on the groundwater and surface water resources from the proposed pit expansion and water use.
  4. The second peer review supported Burnside’s opinion
  5. In May 2021, both the Township and FOTTSA signed Minutes of Settlement with CRH, whereby CRH agreed to the lining of the recirculation cell in the wash plant and both the Township and FOTTSA advised the OLT that all issues related to aggregate washing at the Teedon Pit are resolved and no longer at issue.

Environmental Compliance Approval (Sewage) Application

  1. On March 12, 2021 the Ministry of Environment Conservation and Parks (MECP) posted the Environmental Compliance Approval Application (Sewage) for the existing on-site Teedon Pit aggregate washing operations under Section 53 of the Ontario Water Resource Act
  2. The Township retained the expert professional services of R.J. Burnside & Associates Limited to complete a thorough and extensive technical peer review of the application and supporting material on behalf of the Township.  As a result of the peer review, Burnside presented a letter to Council with a number of recommendations.
  3. On September 2, 2021, the Township submitted formal comments to the Province that no decision be made on the application until the applicant satisfies all the outstanding matters as outlined in the September 1, 2021 Burnside letter and that the Ministry require that any permanent or temporary silt or sump pond(s) constructed on the site be lined.
  4. In May 2021, both the Township and FOTTSA signed Minutes of Settlement with CRH, whereby CRH agreed to the lining of the recirculation cell in the wash plant and both the Township and FOTTSA advised the OLT that all issues related to aggregate washing at the Teedon Pit are resolved and no longer at issue.
  5. Provided that the ECA as issued by the MECP includes the lined recirculation cell as set out in Minutes of Settlement, FOTTSA and the Township agreed that they will not seek leave to appeal the ECA when granted.

Sarjeants gravel pits 1 and 2

Permit to Take Water Application

  1. On February 22, 2021 the Ministry of Environment Conservation and Parks (MECP) posted the Permit to Take Water (PTTW) application on the MECP Environmental Bill of Rights Registry (EBR).
  2. The Township retained the expert professional services of R.J. Burnside & Associates Limited to complete a thorough and extensive technical peer review of the application and supporting material on behalf of the Township.  As a result of the peer review, Burnside presented a letter to Council with a number of recommendations.
  3. On April 22, 2021, the Township submitted formal comments on the EBR that the comments and questions in the Burnside letter, dated April 15, 2021, are the Township of Tiny formal comments on the application in addition to the following:
  • That the Township is fundamentally opposed to the extraction and washing of aggregate in environmentally sensitive areas.
  • There is presently a groundwater study being proposed by Drs. Powell and Shotyk et al and that the findings of this study be taken into consideration by the Province prior to the issuance of any further permits.
  • That the comment period be extended to provide ample opportunity for public input.
  • That consideration be given to the Environmental Review Tribunal Decision Case No. 21-010 dated April 19, 2021, specifically in reference to the Precautionary Principle, the Environmentally Preventive and Rehabilitative Strategies and Cumulative Effects.
  1. The MECP issued the PTTW on June 15, 2022, which incorporated many of the Township’s original concerns
  2. No further action taken by the Township

Environmental Compliance Approval (Sewage) Application

  1. On November 1, 2021 the Ministry of Environment Conservation and Parks (MECP) posted the Environmental Compliance Approval Application (Sewage) for aggregate washing operations at the Sarjeant Company Limited Waverley Pit 2 at 1379 Baseline Road South under Section 53 of the Ontario Water Resource Act
  2. The Township retained the expert professional services of R.J. Burnside & Associates Limited to complete a thorough and extensive technical peer review of the application and supporting material on behalf of the Township.  As a result of the peer review, Burnside presented a letter to Council with a number of recommendations.
  3. On December 16, 2021, the Township submitted formal comments on the EBR that the recommendations in the Burnside letter, dated December 16, 2021 are the Township of Tiny formal comments on the application.
  4. The MECP issued the ECA on June 15, 2022, which incorporated many of the Township’s original concerns
  5. No further action taken by the Township

Proposed Groundwater Study

  1. The project science team includes Prof. William Shotyk (project lead) and Prof. Dr. Michael A. Powell, University of Alberta; Prof. John Cherry and Prof. Beth Parker, University of Guelph; Prof. Ian Clark, University of Ottawa; Dr. Riley Mulligan and Dr. Elizabeth Priebe, Ontario Geological Survey (OGS; Energy, Northern Development and Mines).
  2. The project team will investigate the ages, sources, reservoir capacity, and processes responsible for the exceptional groundwater quality within central and northwestern parts of Simcoe County and will glean information about how current and future anthropogenic forcing might impact water resources.
  3. The goal of the project is to identify some of the hydrogeological relationships and geochemical processes operating within the soils and deep buried valleys to better understand the occurrence, distribution, and quality of the flowing artesian wells and springs.
  4. In short, previous work combined with ongoing efforts, have led to the observations that determined the need for a comprehensive study which will shed light on many aspects of the groundwaters of Simcoe County. The ultimate outcome is to impact policy toward understanding, appreciation, education, and protection of a truly exceptional water resource of national and international significance.
  5. April 7, 2021 a presentation was made by Prof. William Shotyk and Prof. Dr. Michael A. Powell to Council regarding the project.
  6. The Township has committed to partnering on the project.
  7. The Township issued a letter to Prof. Dr. Michael A. Powell confirming the Township’s agreement to partner with the groundwater project.