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HomeMy WebLinkAboutPSD-087-06 .~ CLfJ!il1gron REPORT PLANNING SERVICES Meeting: SPECIAL COUNCIL MEETING Date: Thursday, August 31, 2006 Report #: PSD-087 -06 File #'s: ROPA 2005-06, By-law #: 2{;)C~- J" {p COPA 2005-004 and ZBA 2005-012. .2ocP- I~ 7 ~PA 34'6~()lo ~- '''8 Subject: APPLICATIONS TO AMEND THE DURHAM REGION OFFICIAL PLAN, CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE EXPANSION OF A MINERAL AGGREGATE OPERATION APPLICANT: 1559300 ONTARIO LIMITED (RON ROBINSON LTD.) RECOMMENDATIONS: It is respectfully recommended to Council: 1 . THAT Report PSD-087 -06 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington has no objection to the approval of the application to amend the Durham Region Official Plan (ROPA 2005-06) submitted by 1559300 Ontario Limited to expand a mineral aggregate extraction operation; 3. THAT the Regional Municipality of Durham be requested to modify the amendment to the Durham Region Official Plan related to ROPA 2005-06 to only recognize the area proposed to be included in the license issued pursuant to the Aggregate Resources; 4. THAT the Ministry of Natural Resources be requested to modify the conditions for the related Aggregate Resources Act license to require that the 30m buffer adjacent to the woodlot in the northeast corner of the subject property be actively managed to encourage the establishment of native plant species; 5. THAT Amendment No. 52 to the Clarington Official Plan as submitted by 1559300 Ontario Limited to permit the expansion of a mineral aggregate extraction operation be ADOPTED as indicated in Attachment 2 to this report, that the necessary by-law contained in Attachment 3 be passed, and further that the amendment be forwarded to the Regional Municipality of Durham for approval; REPORT NO.: PSD-087-06 PAGE 2 6. THAT Rezoning Application ZBA 2005-012 submitted by 1559300 Ontario Limited be APPROVED and that the Amendment to By-law 84-63, as amended, and By-law 2005-109, as amended (Oak Ridges Moraine Conformity By-law), as contained in Attachments 4 and 5 to this Report respectively, be ADOPTED; 7. THAT the modifications to the proposed Official Plan Amendment as reflected in Amendment No. 52 and the proposed by-laws to amend By-law 84-63, as amended and By-law 2005-109, as amended, be deemed to be minor and consistent with the intent of the proposed Official Plan amendment and rezoning application considered at the statutory Public Meeting, and further that no additional Public Meeting to consider the revised Official Plan amendment and Rezoning Application is required; 8. THAT the By-laws to remove the Holding (H) symbols be forwarded to Council at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including the execution of a site plan agreement; 9. THAT the Director of Planning Services be authorized to submit comments on behalf of the Municipality of Clarington to the Ministry of Natural Resources in respect of the application submitted by 1559300 Ontario Limited to amend License No. 3202 issued pursuant to the Aggregate Resources Act to permit the proposed expansion of the aggregate extraction operation; 10. THAT a copy of Report PSD-087-06 be forwarded to the Regional Municipality of Durham Planning Department and the Ministry of Natural Resources; and 11. THAT all interested parties, any delegations, the Regional Municipality of Durham Planning Department, and the Ministry of Natural Resources be advised of Council's decision. Submitted by: Reviewed bdAoe<--E.~ ~'T.c D vi . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FUDJC/df August 23, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-087-06 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: 1559300 Ontario Limited (Ron Robinson Ltd.) 1.2 Durham Regional Official Plan Amendment: To amend Schedule 8 (Aggregate Resource Extraction Areas) to permit the expansion of Resource Extraction Area 76 in Part Lots 1 and 2 Concession 9, former Township of Darlington, and to permit the expansion of the licensed area from 21 ha to 82.48 ha To amend Schedule 11 (Aggregate-Related Industrial Use Exceptions) to permit an aggregate transfer station at Aggregate Resource Extraction Area 76. 1.3 Clarington Official Plan Amendment: To expand the existing "Aggregate Extraction Area" overlay designation to include additional lands in Part Lots 1 and 2, Concession 9, former Township of Darlington, with the underlying designation to remain as "Oak Ridges Moraine - General Agricultural Area". To permit a maximum of 50,000 tonnes of limestone to be imported onto the site per year for resale and/or blending with material extracted on-site as an accessory use, provided that a minimum of 100,000 tonnes of aggregate had been extracted from the site in the previous calendar year. 1.4 Zoning By-law Amendment: By-law 84-63: To change the zoning on the subject lands in Part Lots 1 and 2 Concession 9, former Township of Darlington, from "Extractive Industrial (M3)" to "Extractive Industrial Exception (M3-4) Zone", and from "Agricultural (A) Zone" to "(Holding) Extractive Industrial Exception ((H)M3-4) Zone" to permit the expansion of a mineral aggregate operation with the importation of limestone permitted as an accessory use and a reduced extraction setback on the Hydro One Easement, and to "Environmental Protection (EP) Zone" to protect a significant woodlot. By-law 2005-19 (Oak RidQes Moraine Conformity By- law): To change the zoning on the subject lands in Part Lots 1 and 2, Concession 9, former Township of REPORT NO.: PSD-087-06 PAGE 4 Darlington, from "Aggregate Extraction (AE) Zone" to "Aggregate Extraction Exception (AE-1) Zone", and from "Prime Agricultural (A) Zone" and "Environmental Holding" to "(Holding) Aggregate Extraction Exception (AE-1) Zone" to permit the expansion of a mineral aggregate operation with the importation of limestone permitted as an accessory use and a reduced extraction setback on the Hydro One Easement. 1.5 Site Area: Expansion to licensed aggregate extraction area - 50.93 ha. Total new licensed area (including existing pit) - 71.39 ha. 1.6 Location: 3086 Regional Road 20, immediately west of the Darlington - Manvers Townline and north of Regional Road 20, being Part Lots 1 and 2, Concession 9, former Township of Darlington (see Attachment 1) 2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 2.1 Approximately one quarter of the subject site is an existing licensed aggregate operation known as the Kovacs pit. The central portion of the subject lands is currently being used for agriculture. Two out-buildings proposed for removal are located in the southern portion of the site. The application has been modified to exclude a single detached residence fronting onto Regional Road 20 and a 7.5 ha woodlot in the northeast corner of the site included in the original application (see Attachment 1). 2.2 Surroundina Uses North: Hydro One transmission corridor easement, woodlands (Long Sault Forest), rural residences South: Regional Road 20, rural residences on both the north and south sides of Regional Road 20, an active aggregate operation, and agriculture East: Rural residences, licensed aggregate area (currently forested and inactive), Mosport Raceway West: Murphy Road, rural residences fronting onto Murphy Road, agriculture, and woodlands (Long Sault Forest). REPORT NO.: PSD-087-06 PAGE 5 3.0 APPLICATION BACKGROUND 3.1 The applications to change the Clarington Official Plan designation and the zoning on the subject lands were received by the Planning Services Department on April 28, 2005. The associated application to amend the Durham Region Official Plan was received by the Region on April 29, 2005. 3.2 The applications seek to expand the existing licensed mineral aggregate operation located in Part Lot 2 (Kovacs pit) onto the adjacent lands to the east. The current license issued under the Aggregate Resources Act permits a maximum of 350,000 tonnes of aggregate to be extracted per year. An application has been submitted to the Ministry of Natural Resources (MNR) to increase the permitted annual extraction to 1 million tonnes per year. The pit expansion is proposed to proceed in four phases, working eastward from the existing pit, with progressive rehabilitation following the extraction of each phase. 3.3 The proposed extraction operation would extend approximately 35 to 40 m below existing grade, and 2 m above the groundwater table. Setbacks of 30 m from adjacent roads and residential properties, and 15 m from all other properties are proposed. The area of the proposed expansion to the extraction operation is 50.93 ha (125.9 acres), which would bring the total licensed area of the aggregate operation to 71.39 ha (176.4 acres). 3.4 The operation would involve the extraction, screening, crushing and blending of aggregate. The importing of limestone products for blending with on-site materials and for resale is also proposed as an accessory use. This operation will be tied to the previous year's production through the MNR license. Specifically, if extraction in any calendar year falls below 100,000 tonnes, no limestone could be imported in the following year. If production exceeds this limit, up to 50,000 tonnes of limestone could be imported. This would ensure that limestone blending will not occur in the absence of any substantial extraction from the pit. The MNR license will indicate a specific area for the storage of limestone and the importation of other material will not be permitted. The Regional Official Plan requires that this use be specifically recognized as an aggregate-related industrial use (i.e. aggregate transfer station). 3.5 The original application proposed to continue to use the current access to the existing pit located on Murphy Road. However, in response to concerns expressed by the Municipality and residents living on the west side of Murphy Road, the application has been revised to provide access to the expanded pit from Regional Road 20. Approximately 70% of the truck traffic from the proposed site would travel west on Regional Road 20 to Regional Road 57, with the remaining 30% travelling east on Regional Road 20 to Highway 35. These haul routes are the same as for the existing pit operation. REPORT NO.: PSD-087-06 PAGE 6 3.6 The applicant has also submitted an application for Municipal Site Plan Approval. The site plan and related Development Agreement will apply to the entire property. 3.7 A number of technical studies have been submitted by the applicant and have been peer reviewed by a consultant retained by the Region of Durham. These studies and the peer review are discussed in more detail in Section 7 of this Report. 3.8 Modifications to Proposed Official Plan Amendment and Rezonina 3.8.1 The statutory Public Meeting in respect of the proposed amendment to the Clarington Official Plan and the Clarington Zoning By-law was held on September 19,2005. The draft Official Plan Amendment considered at that time proposed to redesignate the subject lands from "Oak Ridges Moraine Greenway" to "Aggregate Extraction Area". Since that time, Amendment 33 to the Clarington Official Plan, which brought the Plan into conformity with the Oak Ridges Moraine Conservation Plan, has been approved by the Province and is now in effect. 3.8.2 In addition, the original amendments considered at the public meeting proposed to include a 7.5 ha woodlot in the northeast corner of the property and the existing residence fronting onto Regional Road 20 within the licensed area of the aggregate extraction operation (see Attachment 1). Subsequently, the application has been revised to remove these lands from the area proposed to be licensed for extraction. 3.8.3 As a result of these changes, the proposed amendment to the Clarington Official Plan has been modified to delete the woodlot and the residences from the area being redesignated. In addition, the area to be rezoned has also been modified to exclude the residence and the woodlot. The woodlot will be zoned "Environmental Protection (EP)" in By-law 84-63, as amended. The woodlot is already zoned "EP" in By-law 2005-109 (Oak Ridges Moraine Zoning By-law). 4.0 CONFORMITY WITH PROVINCIAL POLICY STATEMENT 4.1 Provincial Policv Statement (PPSl 4.1.1 The PPS must be read in its entirety and all relevant policies considered. As a result, policies on aggregate extraction must be balanced with other issues like natural heritage, water and agriculture. In addition, the Oak Ridges Moraine Conservation Plan is applicable and will take precedence. The PPS states that as much of the mineral aggregate resource as is realistically possible shall be made available as close to markets as possible and that extraction shall minimize social and environmental impacts. Progressive and final rehabilitation is required and the interim nature of aggregate extraction shall be recognized. Final rehabilitation is to be compatible with surrounding land uses and approved land use designations. REPORT NO.: PSD-087-06 PAGE 7 4.1.2 The PPS prohibits aggregate extraction within significant habitat of endangered and threatened species, significant wetlands and fish habitat. Extraction cannot occur within or adjacent to significant woodlands, significant valleylands, significant wildlife habitat and significant Areas of Natural and Scientific Interest if such extraction would cause negative impacts on the feature or ecological functions. The quality and quantity of ground water and surface water are also to be protected, improved and restored. 4.2 Oak Ridaes Moraine Conservation Plan(ORMCP) 4.2.1 Within the Oak Ridges Moraine Conservation Plan (ORMCP), the subject lands are designated "Countryside Area". Lands to the east, west and south of the site are also designated "Countryside Area". The lands to the north are designated "Natural Core Area". The policies of the ORMCP take precedence over any conflicting policies of the PPS. The ORMCP permits mineral aggregate operations within lands designated "Countryside Area" provided that: . The quantity and quality of groundwater and surface water will be maintained . As much of the site as possible will be rehabilitated; . Key natural heritage features on the site and adjacent lands are maintained, improved or restored; and . Areas of natural and scientific interest (earth science) are protected. 4.2.2 The ORMCP further require the health, diversity, size and connectivity of any key natural heritage feature (that is not a young plantation or early successional habitat) either on the site or adjacent to the site, shall be maintained, or where possible, improved or restored. 4.3 The conclusions of the technical studies submitted by the applicant and peer reviewed by the Region's consultant have indicated that the proposed expansion to the existing aggregate extraction operation conforms with the PPS and the ORMCP. Measures have been proposed to minimize the impact on adjacent residents, most notably being the relocation of the existing pit entrance from Murphy Road to Regional Road 20. The significant woodlot located in the northeast corner of the property has been removed from the area to be licensed for extraction. In addition, ground water quality and quantity has been shown to be protected. 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Reaion Official Plan 5.1.1 The subject lands are designated "Major Open Space - Oak Ridges Moraine" (Countryside) in the Durham Region Official Plan. The adjacent existing aggregate extraction operation also owned by the applicant is recognized in the REPORT NO.: PSD-087-06 PAGE 8 Official Plan. An amendment to the Plan is required for the expansion of an existing aggregate operation onto lands not identified as a Resource Extraction Area, and to establish an aggregate -related industrial use. Technical studies are required to assess potential impacts of the expansion on water resources and natural heritage, and to assess the impacts of noise, dust and truck traffic haul routes. These studies will be peer reviewed by the Region, Clarington, the Ganaraska Region Conservation Authority, and an independent consultant retained by the Region and funded by the applicant. 5.1.2 The Region has proposed to redesignate the subject lands as "Natural Heritage System - Oak Ridges Moraine" through the review of the Official Plan. This redesignation will have no effect on the proposed amendment. 5.1.3 The proposed amendment to the Durham Region Official Plan is as follows: Schedule 8 76 Clarington Part Lots 1 & 2, Concession 9, former Township of Oar/in ton An aggregate transfer station 5.1.4 The Regional Amendment will recognize the entire area subject of the original application. It is the Region's intention to seek the protection of the woodlot through the site plan approved under the Aggregate Resources Act. However, Recommendation 2 of this report requests the Region to modify the amendment to their Official Plan to only recognize the licensed area of the pit. 5.2 Clarinaton Official Plan 5.2.1 As a result of Amendment 33 (Oak Ridges Moraine Conservation Plan Conformity Amendment), the subject lands are designated "Oak Ridges Moraine - General Countryside Area" in the Clarington Official Plan. The woodlot in the northeast corner is designated "Environmental Protection" and is located immediately adjacent to the lands identified as the Long Sault Forest. The subject lands are identified as being located within the area possessing the highest aquifer vulnerability rating and within a "Primary Aggregate Resource Area". REPORT NO.: PSD-087-06 PAGE 9 5.2.2 The Official Plan also requires that an Aggregate Extraction Area study be submitted. This study is to address, among other matters, an assessment of any impacts associated with the project, a description of proposed mitigation measures, and a progressive rehabilitation plan which takes into account the objectives of any area-wide rehabilitation plan. This study is to be peer reviewed at the expense of the applicant and study requirements are to be coordinated, where possible, with those of other agencies. With respect to the subject application, Staff participated in developing the Terms of Reference for the various technical studies, with the peer review being coordinated by the Region. 5.2.3 The lands subject to the pit expansion must be re-designated to permit the proposed use. In addition, the importation and stockpiling of a specified amount of limestone products will also be permitted as an accessory use by exception to the Official Plan. 5.2.4 The Official Plan also recommends that an area-wide rehabilitation plan be prepared in consultation with the Region, the Province and the aggregate industry. The purpose of the plan is to identify long term rehabilitation of the landscape ensuring appropriate landforms are created and the ecological integrity of the Oak Ridges Moraine is maintained. In this regard, the applicant has submitted a preliminary area-wide rehabilitation plan that could form the basis of a more comprehensive discussion with other aggregate producers in the area. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The existing pit is zoned "Extractive Industrial (M3)", while the lands subject to the expansion are zoned "Agricultural (A)" in By-law 84-63. An amendment to the by-law is required to rezone the subject lands to "Extractive Industrial Exception (M3-4)" Zone with a Holding (H) symbol also being added to the expansion lands. The special exception zone is required to provide for a 15 m setback from the northerly site boundary. By-law 84-63 requires pit operations to be setback a minimum of 30 m from any property held under distinct and separate ownership. A 15 metre setback is a standard established under the Aggregate Resources Act, and no residences or significant natural heritage features are located on the adjacent lands given the presence of the Hydro One transmission easement. As well, the exception permits the importation of limestone products as an accessory use. The proposed by-law to amend By-law 84-63 forms Attachment 4 to this report. 6.2 In June 2005, Council adopted By-law 2005-109 to bring the zoning of the lands on the Oak Ridges Moraine into conformity with the Oak Ridges Moraine Conservation Plan and Amendment 33 to the Clarington Official Plan. As of the writing of this report, the Ministry of Municipal Affairs has not yet approved By- law 2005-109. However, an amendment to this by-law is required to also be adopted. The proposed amendment to By-law 2005-109, as set out in REPORT NO.: PSD-087-06 PAGE 10 Attachment 5 to this report, will rezone the subject lands from "Aggregate Extraction (AE) Zone", "Prime Agricultural (A) Zone" and "Environmental Holding" to "Aggregate Extraction (AE-1) Zone", with a Holding (H) being applied to the expansion lands. 6.3 By-laws to remove the Holding symbols will be forwarded to Council for approval at such time as the Site Plan Agreement with the applicant has been executed. 7.0 TECHNICAL STUDIES 7.1 A number of studies have been submitted in support of the applications to address the requirements of the Aggregate Resources Act, the Oak Ridges Moraine Conservation Plan, the Durham Region Official Plan, and the Clarington Official Plan. These studies have been peer reviewed by an independent consulting team retained by the Region and funded by the applicant. The applicant has submitted a revised site plan to MNR to address the comments made by the peer review team as well as other agencies. The conditions indicated on the revised site plan form Attachment 6 to this report. 7.2 The peer review team has indicated that, provided all of the commitments made during the peer review are implemented on the site plans and as part of pit operations, the proposed expansion can proceed without significant adverse effects on hydrogeology, the natural heritage features on and adjacent to the site, or the adjacent residences through additional noise and dust generation. 7.3 Level 1 and II Natural Environment Reports. Oak Ridaes Moraine Conformitv Report. and Natural Heritaae Studv 7.3.1 The existing agricultural area on the site currently provides minimal habitat for native plant and wildlife species. The proposed extraction is not expected to have a significant impact on endangered or significant plant species on or off- site. The bird species found within the forested areas or on the Hydro One corridor are not expected to be directly or indirectly impacted by the extraction. None of the wildlife species present is particularly sensitive to noise, and will become habituated to the regular noise level from pit operations, especially since there will be no blasting. Dust is also not expected to affect the woodlands to the north of the site, given the direction of the predominant winds and dust mitigation measures. A maximum of 45 ha can be disturbed at anyone time. 7.3.2 The proposed extraction will occur a minimum of 2 m above the water table and there is no surface water on or adjacent to the site. A phased rehabilitation plan has been proposed, with the final end use to be a mixture of native grasslands, savannah and agricultural habitats. The pit floor is to be prepared for an agricultural use, while a 100 m wide belt of savannah and grassland will be created adjacent to the northern boundary as part of an Oak Ridges Moraine Pilot Research Project to connect the significant woodlands east and west of the REPORT NO.: PSD-087-06 PAGE 11 site. The 30 m setback area adjacent to the woodlot on-site, which is currently used for agriculture, is proposed to be left to fallow to allow a successional meadow to develop and eventually expand the forest edge outwards as seedlings establish. 7.4 Backaround Hvdroaeoloaic Assessment 7.4.1 There are five wells located within 300 m of the proposed pit expansion area, with a sixth well slightly beyond this distance. All reported local wells are completed in a deep upper aquifer which is situated near the base of the granular deposit to be excavated, with most wells obtaining water in the depth range of about 35 to 55 m below grade. The proposed pit expansion is not expected to negatively impact the quantity of groundwater and surface water resources in the area. Rather, the removal of the aggregate and the inward slopes of the completed pit are expected to significantly increase the amount of incident precipitation that infiltrates into the ground. 7.4.2 However, most local wells could be susceptible to water quality impacts from the existing and proposed pits. As such, a number of conditions have been added to the MNR site plan to address equipment refuelling, maintenance procedures and pit operation. These conditions include no permanent on-site fuel storage, fuelling of on-site equipment by a mobile tank on an impermeable surface if possible, servicing of mobile equipment off-site or in the maintenance shop, the development of a spills contingency plan, prohibiting the use of engine oils for dust suppression, and minimizing the use of salt for winter maintenance. 7.4.3 A groundwater monitoring plan for local wells has also been developed. This plan requires the pit operator to install at least three monitoring wells on site, and to monitor all wells within 300 m of the licensed boundary. The wells are to be monitored by a qualified hydrogeological consultant and results are to be provided to the owner, MNR, and the Municipality. The Ministry of Environment must be immediately notified in the event of a complaint of water supply disruption or impact. If the disruption is found to be a result of activities within the pit, the quality and quantity of the complainant's water supply must be restored at the pit operator's expense. 7.5 Noise Impact Analvsis 7.5.1 This report addressed the noise impacts associated with the excavation and transport of material from the working face and the processing of material. Hours of operation will be from 5:30 a.m. to 7:00 p.m., although crushing activities cannot commence until 7:00 a.m. Occasional Saturday and longer weekday operations related to specific contracts would be permitted, with no operations being permitted on Sunday. Excavation will proceed eastward from the existing pit. REPORT NO.: PSD-087-06 PAGE 12 7.5.2 Noise impacts from processing are expected to be significantly higher than those related to excavation. Measures identified on the revised Site Plan to mitigate these impacts include the construction of berms (6.0 to 6.5 m high) around adjacent residences and along Regional Road 20 and Boundary Road. Processing equipment must be located no closer to adjacent residences than 500 m for the first lift, 400 m for the second lift, and 300 m for the third lift. As well, the Site Plan has been revised to specify the location and height of stockpiles to optimize their effectiveness as sound barriers. 7.5.3 The report concluded that, with the appropriate implementation of mitigation measures, the sound exposures from the worst case daily operations will be in compliance with MOE noise guidelines. As well, the MNR license for the existing pit does not restrict hours of operation or the location of processing equipment, and does not require sound attenuation berms near the adjacent residences. The mitigation measures to be implemented for the proposed expansion should therefore reduce the noise impact on neighbouring residents. 7.6 Dust ImoactAnalvsis 7.6.1 The Dust Impact Analysis originally submitted by the applicant indicated a number of conditions on the pit license prescribed by the Aggregate Resources Act. These include the mitigation of dust on-site, the application of water or another provincially approved dust suppressant to internal haul roads and processing areas as often as required, and equipping processing equipment with dust suppressing or collection devices when operated within 300 m of a sensitive receptor. 7.6.2 A number of additional conditions have been added to the Site Plan to further mitigate dust impacts related to the expanded extraction operation (see Attachment 6). These conditions include the paving of the pit entrance from Regional Road 20, maintaining the primary internal haul route at least 300 m from adjacent residences to the south, and the planting of additional trees on the berms on the outside of the licensed area in the vicinity of adjacent residences to improve dust screening. 7.6.3 To minimize dust from erosion, excavated areas are to be progressively rehabilitated and berms and stockpiles are to be seeded and maintained. As well, extraction operations are to be suspended and dust suppressants applied during periods of dry weather when there is sustained wind toward nearby residences. A more detailed dust management plan is to be prepared prior to any extraction in the expansion area occurring within 300 m of the adjacent residences. 7.6.4 Processing equipment will be required to maintain a minimum separation from adjacent residences and to be equipped with dust suppression or collection equipment when operating within 300 m of a sensitive receptor. The peer reviewer indicated that the setbacks proposed are expected to be sufficient to REPORT NO.: PSD-087-06 PAGE 13 meet Ministry of Environment guidelines for dust. It was further noted that the frequency of crusher operation was uncertain and could exceed 60 calendar days, which would trigger the need for a Certificate of Approval under the Environmental Protection Act. The development of a dust management plan would be part of the Certificate of Approval if it were required. 7.7 Traffic Impact Study 7.7.1 The Traffic Impact Study noted that 90% of the annual tonnage from the existing pit is shipped from May 1st to December 24th. Extraction at the maximum permitted level (350,000 tonnes per year) would generate an average of 142 truck trips per day (71 return trips) during these months. This translates to an interval of about 4 minutes between trips assuming a 10 hour work day. 7.7.2 The proposed increase in annual tonnage, at the maximum level of extraction (1 million tonnes per year), would generate 436 trips per day during the peak months (1.4 minutes between trucks). The expected average extraction level of 700,000 tonnes per year would generate 315 trips per day (1.9 minutes between trucks). The annual importation of 50,000 tonnes of limestone and 30,000 tonnes of topsoil for rehabilitation is expected to generate an additional 6,255 trips per year. 7.7.3 The applicant had originally proposed to continue to use the entrance to the existing pit located on Murphy Road. However, due to concerns expressed by staff and area residents, the applicant approached the Region of Durham to seek an entrance from Regional Road 20 to the south. As discussed in Section 8 of this report, the Region has agreed to this proposal and the revised Site Plan submitted to MNR has been modified to indicate the new entrance location. 8.0 AGENCY COMMENTS 8.1 Clarinaton Departments 8.1.1 The Clarington Engineering Services Department expressed a concern with the impact of the increased traffic from the proposed expansion on the operational characteristics and traffic and pedestrian safety on Murphy Road, and indicated that the main entrance to the site must be relocated to Regional Road 20. The applicant will be responsible for 100% of the cost of any improvements, changes or modifications to Murphy Road deemed necessary by the Municipality to facilitate the proposed expansion. The applicant must also provide a Road Damage Deposit and provide an appropriate cash contribution in lieu of normal parkland dedication. 8.1.2 The Emergency Services Department indicated no objection to the subject applications. REPORT NO.: PSD-087-06 PAGE 14 8.2 Reaion of Durham 8.2.1 The applicant has requested permission from the Region of Durham Works Department to provide an entrance onto Regional Road 20 for the proposed expansion area. The Department has agreed in principle to the establishment of a new entrance for the pit directly opposite from the entrance to the Keystone Sand and Gravel pit located on the south side of Regional Road 20, subject to them entering into an agreement with the Region. A dedicated left turn lane opposite the existing left turn lane for the Keystone pit is required in order to eliminate conflicting turning movements. This lane should also provide minimum storage for Murphy Road. A dedicated right turn lane for the entrance is also required. 8.3 Ministrv of Natural Resources 8.3.1 The Ministry of Natural Resources noted that an application had been submitted under the Aggregate Resources Act to expand the existing Kovacs pit. The proposed expansion lands are designated "Countryside Area" by the Oak Ridges Moraine Conservation Plan. Aggregate expansion is a permitted use in this designation subject to the applicant obtaining the necessary provincial and municipal approvals. 8.3.2 The woodlot in the northeast corner of the site is identified by the Oak Ridges Moraine Conservation Plan as a Key Natural Heritage Feature. Although extraction is not proposed in the woodland, MNR indicated there is insufficient rationale to include it within the proposed expansion area. 8.3.3 The Ministry also noted that a permanently inhabited residence is not appropriate within the area to be licensed under the Aggregate Resources Act. They recommended that the southern boundary of the proposed extraction area be revised to remove the residence owned by the applicant and to establish an appropriate separation from the other two residences fronting onto Regional Road 20. This will be addressed by MNR as part of the license. 8.3.4 The Ministry is concerned that the intent of the applicant's proposal to import and stockpile limestone products is for direct resale of these products with limited, if any blending with on-site material. They have indicated that this activity may not support the timely extraction and rehabilitation of the pit. The Ministry also noted no difficulty with the applicant maintaining existing agricultural operations on the unextracted portions of the site. However, they did object to establishing new commercial activities such as tree nursery as an interim land use. They also do not support any proposal that would require the large scale importation of topsoil or other material to the site. This will be addressed by MNR as part of the license. 8.3.5 MNR staff noted that adequate screening of the pit from adjacent roads and properties will be required. REPORT NO.: PSD-087-06 PAGE 15 8.4 Ganaraska Reaion Conservation Authority 8.4.1 The Conservation Authority indicated general concurrence with the peer review comments provided for both the Natural Heritage Evaluation and the Hydrological Evaluation. The Authority recommended that the groundwater monitoring plan be revised to define the water quality parameters to be used, and to define and justify the locations of the on-site monitoring wells. Contingency plans should also be developed if neighbouring wells are not available for monitoring, and should adverse impacts be realized (i.e. mitigation, re-evaluation of monitoring program). 8.5 Other Aaencies 8.5.1 The Separate School Board indicated no concerns with the subject applications. 9.0 PUBLIC SUBMISSIONS 9.1 A number of area residents, have expressed concern with the proposed expansion of the aggregate extraction. These concerns are summarized below. 9.2 Residents noted that the existing pit was inactive for a long time and that the recent resumption of extraction activity has been very disruptive. They are concerned that the scale of the proposed expansion, as well as the associated noise, vibration, dust, fumes, and truck traffic, will destroy the unique landscape of the Oak Ridges Moraine, negatively affect their property values, and further degrade their quality of life. They have suggested that the close proximity of so many residences to the proposed expansion area makes this a special situation and that the application should be denied. They are also concerned with the potential impact that extraction and pit operations will have on the quality and quantity of water in their wells. 9.3 Concern has been expressed with the continued use of the Murphy Road entrance to the pit. The existing road conditions are not adequate to safely handle the truck traffic from the existing pit operation and the proposed expansion will increase the hazard to other motorists and pedestrians, especially children walking along the road to and from the school bus stop located at the intersection with Regional Road 20. Mail boxes are also located at this corner. Traffic using this intersection has reduced sight lines to the east because of a crest in Regional Road 20. Murphy Road residents have indicated that they want the entrance to the pit relocated to the Regional Road. 9.4 Residents have noted that the forested lands in the area provide important and unique habitat for birds, wildlife and plants. They are concerned that the proposed pit expansion will disrupt or destroy the habitat value of these lands and linkages to adjacent wildlife habitat. Concern was also expressed with the loss of agricultural land on-site. REPORT NO.: PSD-087-06 PAGE 16 10.0 STAFF COMMENTS 10.1 The existing aggregate extraction operation was re-opened May 2002 after having been idle for at least 10 years. An increase in the maximum annual tonnage limit from 217,000 tonnes to 350,0000 was approved in October 2004. The existing license issued under the Aggregate Resources Act does not limit the hours of operation and only includes limited conditions related to the mitigation of noise and dust impacts - dust suppressant is to be applied to internal roads as required, and processing equipment is to be located at least 30 m from licensed boundaries and at least 90 m from abutting residential uses. In addition, at present there are no berms on the south and east site boundaries in the vicinity of adjacent residential uses. 10.2 The applicant has submitted an application to MNR to amend its existing license issued under the Aggregate Resources Act to permit the proposed expansion. Staff have advised MNR staff that the Municipality objects to the approval of the license amendment to permit the proposed expansion until such time as the Planning Act applications submitted to the Municipality and the Region have undergone a thorough review and have been approved. In addition, Durham Region has indicated that it will not lift its objection to the license amendment until such time as the applicant has entered into an agreement with the Region regarding the construction of the new entrance on Regional Road 20. 10.3 As discussed in Section 7 and as indicated on Attachment 6, a number of conditions have been added to the revised Site Plan to mitigate the impacts associated with the expanded extraction operations. These include specific conditions related to hours of operation, dust control, the construction of berms and tree screens to shield residences fronting onto Regional Road 20 and Boundary Road, protecting and monitoring ground water quality and larger setbacks for processing equipment. Specifically, Attachment 7 indicates the minimum distances that processing equipment must be setback from adjacent residences depending on the depth of the excavation. The relocation of the pit entrance to Regional Road 20 will address many of the concerns expressed by Murphy Road residents related to road conditions and safety associated with the trucks entering and leaving the pit. 10.4 The proposed Official Plan Amendment (Attachment 2) and the proposed amendments to the two zoning by-laws (Attachments 4 and 5) include specific conditions related to such matters as the setbacks for processing equipment from adjacent residences, the establishment of a well monitoring program, and the maximum area of the pit that can be disturbed at anyone time. Although these conditions will also be included as part of the MNR's approval of the license under the Aggregate Resources Act, it is important that they form part of the Municipality's approval of the expanded pit operation since these conditions provide the basis for the Municipality's approval. Inclusion of these conditions in the Official Plan and zoning by-laws will also ensure that the applicant must obtain the Municipality's consent for major changes to the pit. REPORT NO.: PSD-087-06 PAGE 17 10.5 The majority of the existing site is currently used for agriculture, which has limited its value as wildlife habitat or as a wildlife corridor. The rehabilitation plan requires the progressive rehabilitation of each phase once the final limits of extraction are reached, and will be restoring a native grassland and savannah ecosystem on a portion of the site. These measures will, in the long term, improve both the habitat value of the site and habitat connectivity to adjacent lands over that which currently exists. 10.6 The 7.5 ha woodlot in the northeast corner of the site will not be included in licensed area and will be protected from the impacts related to extraction by a 30m wide buffer. The peer reviewer has recommended that this buffer be left fallow to allow natural regeneration and the eventual expansion of the forest. However, staff note that promoting naturalization through specific actions such as seeding with native plant species, rather than leaving the area fallow, will be better for adjacent agricultural operations and protect against the invasion of non- native, aggressive species that hamper farming and invade natural spaces. As such, staff is recommending that MNR be requested to modify the conditions for the Aggregate Resources Act license to require that the naturalization of the woodlot buffer be actively managed to encourage the establishment of native plant species. 10.7 As noted in Section 5, the Official Plan provides for an area wide rehabilitation plan to be prepared in consultation with the Region, the Province, and the aggregate industry. This policy is consistent with the Oak Ridges Moraine Conservation Plan and was part of the settlement with the Aggregate Producers of Ontario regarding their appeal and referral of the Clarington Official Plan approved by Council in 1996. However, the onus is left with the Municipality to undertake this overall rehabilitation plan. It requires the coordination with the City of Kawartha Lakes. At the present time, there are no funds or staff resources to undertake such an exercise. It is suggested the MNR consider such an exercise as a pilot project for the Oak Ridges Moraine Conservation Plan. 10.8 The applicant has submitted an application to the Municipality for Site Plan approval. Through the approval of the Development Agreement, the Municipality will ensure that those matters under its jurisdiction are appropriately addressed. These include the establishment of berms and tree plantings to buffer adjacent residents and closure of the existing pit entrance on Murphy Road. It is also proposed to limit haul routes to Regional roads only. The Municipality's objection to the Aggregate Resources Act application will not be lifted until such time as the related applications for Official Plan Amendment, rezoning, and site plan approval have been approved. Staff will report to Council on this matter. REPORT NO.: PSD-087-06 PAGE 18 11.0 CONCLUSIONS 11.1 The proposed expansion to the existing aggregate extraction operation represents a significant increase in the area licensed for extraction and the associated volume of truck traffic. The conditions to be attached to the revised license and included in the proposed Official Plan Amendment and Zoning By- laws will help ensure that the impacts of the expanded operation on area residents are effectively mitigated. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Proposed Amendment No. 52 to the Clarington Official Plan Attachment 3 - By-law to Adopt Amendment No. 52 to the Clarington Official Plan Attachment 4 - Proposed Amendment to By-law 84-63 Attachment 5 - Proposed Amendment to By-law 2005-109 Attachment 6 - Conditions on revised Site Plan, dated July 19, 2006 Attachment 7 - Setbacks for Processing Equipment Interested parties to be notified of Council's decision: Greg White Ron and Gene Robinson Trudy Paterson Alex Georgieff Steven Strong Doug and Tammy Beatty Anna Bragg and Kevin O'Neill George and Elizabeth Frick Laurel Gould Lome Hardy Debby McCabe Doug and Astrid Morse Janet and Jeff Ralston Paul and Clare Reid Kate Sperry and Brent Smale Clay Taylor Attachment 1 To Report PSD-087-06 - ci ~ c S ... .5 ;: .. c ~ at E ~ o II. - Q, .. :!! t t[~1 illl :1.'~I' 8. I 2 I ll. ;! Ci ~ =~~ t=== o D.caCl) ~ 0 E u ~ :E D:: o c 'I:III1O""NOJ.SNIlW - - c c I- Gl Gl Z E E w "C "C :i c C Gl Gl C ~ E CD E N Z <l: 0 <l: .... w 0 c 0 c 0 :i I ca I ca . <l: II) II) II) 0 ii: 0 ii: 0 ~ 0 'ii 0 'ii 0 N N N 'u U ~ I ~ = c( = >- 0 a.. 0 lD 0 0 N c c C> U 0 0::: 0 z - - z Cl Cl c c 0 .;: ";: N ca ca C3 C3 ~ o ";: .ll! c o o o C'l Cl) It) It) ... i.: Gl C ~ o afOl:l .Llt1\froNQl ~ PURPOSE: BASIS: ACTUAL AMENDMENT: Attachment 2 To Report PSD-087-06 AMENDMENT NO. 52 TO THE CLARINGTON OFFICIAL PLAN To amend the Official Plan of the Municipality of Clarington to permit an aggregate extraction operation on Part Lots 1 and 2, Concession 9, former Township of Darlington, 3086 Regional Road 20, as an expansion to an existing aggregate extraction operation. This amendment is based on an application and related technical studies submitted by 1559300 Ontario Limited to amend the Official Plan of the Municipality of Clarington to permit an aggregate extraction operation on Part Lots 1 and 2, Concession 9, former Township of Darlington, 3086 Regional Road 20, as an expansion to an existing aggregate extraction operation. The Clarington Official Plan is hereby amended as follows: 1) On Map A1 (Land Use Darlington Rural Area), by adding the designation "Aggregate Extraction Area" as an overlay designation to those lands shown on Exhibit 'A' hereto and described as Part Lots 1 and 2, Concession 9, former Township of Darlington. 2) By adding the following new section and sub-section: "15.4 SITE SPECIFIC POLICIES 15.4.1 Kovacs Pit The Kovacs Pit is located in Part Lots 1 and 2, Concession 9, former Township of Darlington and is identified on Map A 1 (Darlington) by an overlay "Aggregate Extraction Area" designation. The following additional policies shall apply to these lands. a) A maximum of 45 ha may be disturbed by extraction and aggregate processing activities at any time. Inactive pit areas are considered disturbed until final rehabilitation is completed. b) Notwithstanding 15.3.4, a maximum of 50,000 tonnes per year of limestone may be imported and temporarily stored on-site for resale or blending with material extracted on-site as an accessory use to the licensed aggregate extraction operation, provided that a minimum of 100,000 tonnes of aggregate had been extracted from the Aggregate Extraction Area in the previous year. c) Crushing and other processing equipment shall be located below natural grade and setback from residences as defined in the implementing zoning by- law. d) A well monitoring program shall be undertaken to the satisfaction of the Ministry of the Environment and the Region of Durham. e) A minimum 100 m wide natural heritage corridor shall be created through the rehabilitation plan to connect the woodlots on the east and west sides of the site. f) In ad-dition to perimeter tree planting, enhanced tree plantings shall be provided in the areas buffering the adjacent residences and woodlot, and shall be defined in a site plan approved by the Municipality. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. Attachment 2 To Report PSD-087-06 EXHIBIT "A" AMENDMENT No. 52 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A1 (DARLINGTON), LAND USE, DARLINGTON RURAL AREA 6 5 4 3 2 LOT 1 0 Cl J ...... <d:: z 0 0 0:: CI) 0:: CI) Z W ....J () Z Z ~ 0 () 0 f- CI) 0:: w > z <d:: ~ , z 0 f- C.9 z :J 0:: 0) <d:: ADD OVERLAY Z Cl DESIGNATION 0 OF "AGGREGRATE CI) EXTRACTION AREA" CI) W () z LOT 35 I 34 0 () REGIONAL RD 20 0 ...... z 0 CI) CI) w () z 0 () <Xl Z 0 0) CI) z CI) 0 w CI) () z CIl w 0 () () z 0 () Attachment 3 To Report PSD-087-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 - being a By-law to adopt Amendment No. 52 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto: AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the expansion of an existing mineral aggregate extraction operation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 52 to the Clarington Official Plan, being the attached explanatory text and schedule, is hereby adopted, 2. That this By-law shall come into force and take effect on the date after the last day of appeal. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-087-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement applications COPA 2005-004 and ZBA 2005-012; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 25.4 " SPECIAL EXCEPTIONS - EXTRACTIVE INDUSTRIAL (M3) ZONE is hereby amended by introducing a new Subsection 25.4.4 as follows: "25.4.4 EXTRACTIVE INDUSTRIAL EXCEPTION (M3-4) ZONE a) Notwithstanding Section 25.1 b), the importation and stockpiling of limestone for the purpose of resale and blending with material extracted on-site is penmitted as an accessory use, provided that no more than 50,000 tonnes is imported annually and further provided that the owner has filed a report with the Municipality demonstrating that a minimum of 100,000 tonnes of aggregate was extracted from the pit in the previous calendar year. b) Notwithstanding 25.2, the following additional yard requirements shall apply: i) the northerly interior side yard shall be a minimum of 15 metres, except where adjacent to an Environmental Protection (EP) Zone, in which case the northerly interior side yard shall be a minimum of 30 metres and shall contain a naturalization area; ii) any aggregate processing plant, including crushing and other processing equipment, shall be located a minimum of 7.5 metres below natural grade and no closer to any residence than the following: a) 300 metres, where the equipment is located up to 22.5 metres below natural grade; b) 400 metres, where the equipment is located between 15 m and 22.5 m below natural grade; c) 500 metres, where the equipment is located 7.5 metres below natural grade; iii) A maximum disturbed area of 45 ha is permitted, c) For the purpose of Section 25.4.4, the following definitions shall apply: Disturbed Area Shall mean the area of the licensed pit which is used for aggregate operations including the extraction, processing and stockpiling of aggregates and which has not completed final rehabilitation. "Disturbed Area" shall not include the areas subject to the Oak Ridges Moraine Pilot Project as defined on a drawing entitled "Progressive and Final Rehabilitation Plan" prepared by Skelton Brumwell dated July 19, 2006. Natural Grade Shall mean the elevations depicted on a drawing entitled "Existing Features and Cross Sections" prepared by Skelton Brumwell dated July 19, 2006 with the exception of the Existing Licensed Pit, in which case "natural grade" shall mean the average of the nearest spot elevation on the east and west sides of the existing licensed area. Naturalization Area Shall mean an area designed and managed to restore and enhance self- sustaining vegetative cover including trees to provide for connectivity with natural heritage features and enabling the movement of wildlife and the disbursement of native plant species. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Extractive Industrial Exception ((H) M3-4) Zone" and "Environmental Protection (EP) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 24.2 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of ,2006 A.D. , ~ FZZZZJ ~ John Mutton, Mayor ---un--- ui---- " II II II II II II I II II II I II II II I II II II II II II II II i :----0 :1 II II II I ::;III II louRH REGION ROAD 20 II ~ :: ",'\ II t II R;4; " " Darlington II' . :, \,~ ~:f\~" , .J)\ ..~~. !'\ =' ,,,.~f'"''''liz ~yj-:{1?at...~.-, !,: . - ~ Zoning Change From "M3" To "M3-4" Zoning Change From "A" To "(H)M3-4" Zoning Change From "A" To "EP" Patti L. Borrie, Municipal Clerk ~ o " II II II I' II II II II CONCE SIONI ROAD 10 [ I J DURHAM REGIONAL ROAD 20 ~ o ~ o z g 2 II II II II II Attachment 5 .;1 To Report PSD-087-06_~ -- --- .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 2005-109, as amended, being the Municipality of Clarington Zoning By-law for lands within the Oak Ridges Moraine. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2005-109 as amended, to implement applications COPA 2005-004 and ZBA 2005-012; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14 "Aggregate Extraction Zone Category" is hereby amended by introducing a new Section 14.4 as follows: "14.4 AE Exception Zones 14.4.1 AE-1 ZONE a) Accessory Uses: i) The importation and stockpiling of limestone for the purpose of resale and blending with material extracted on-site is permitted as an accessory use, provided that no more than 50,000 tonnes is imported annually and further provided that the owner has fried a report with the Municipality demonstrating that a minimum of 100,000 tonnes of aggregate was extracted from the pit in the previous calendar year. b) Regulations: i) Notwithstanding 14.3, the following additional yard requirements shall apply: a) the northerly interior side yard shall be a minimum of 15 metres, except where adjacent to an Environmental Protection (EP) Zone, in which case the northerly interior side yard shall be a minimum of 30 metres and shall contain a naturalization area; b) any aggregate processing plant, including crushing and other processing equipment, shall be located a minimum of 7.5 metres below natural grade and no closer to any residence than the following: i) 300 metres, where the equipment is located up to 22.5 metres below natural grade; ii) 400 metres, where the equipment is located between 5 m and 22.5 m below natural grade; iii) 500 metres, where the equipment is located 7.5 metres below natural grade; ii) A maximum disturbed area of 45 ha is permitted, c) For the purpose of Section 14.4.1, the following definitions shall apply: Disturbed Area Shall mean the area of the licensed pit which is used for aggregate operations including the extraction, processing and stockpiling of aggregates and which has not completed final rehabilitation. "Disturbed Area" shall not include the areas subject to the Oak Ridges Moraine Pilot Project as defined on a drawing entitled "Progressive and Final Rehabilitation Plan" prepared by Skelton Brumwell dated July 19, 2006. Natural Grade Shall mean the elevations depicted on a drawing entitled "Existing Features and Cross Sections" prepared by Skelton Brumwell dated July 19, 2006 with the exception of the Existing Licensed Pit, in which case "natural grade" shall mean the average of the nearest spot elevation on the east and west sides of the existing licensed area. Naturalization Area Shall mean an area designed and managed to restore and enhance self- sustaining vegetative cover including trees to provide for connectivity with natural heritage features and enabling the movement of wildlife and the disbursement of native plant species. 2. Schedule "E4" to By-law 2005 - 109, as amended, is hereby further amended by changing the zone designation from "Aggregate Extraction (A E) Zone" to "Aggregate Extraction Exception (AE-1) Zone", and "Prime Agricultural (A) Zone" and "Environmental Holding Zone" to "Holding - Aggregate Extraction ((H) AE-1) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 24.2 of the Planning Act. BY-LAW read a first time this day of 2006 BY.LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of ,2006 A.D. , ~ Zoning Change From "AE" To "AE-1" fZZ:Zl Zoning Change From "A" and "Environmental Holding" To" (H)AE-1" ~ Zoning To Remain "EP" John Mutton, Mayor Patti L. Barrie, Municipal Clerk -----n-----T---- " I " " " " " " " " " " " " " " " " " " I " " : ii' . " " :: I " , ',' ~ o < o " DURHAM REGIONAL ROAD 20 ~ o ~ o z g " " " " " " " " CONCE SIONI ROAD 10 [ I " " " " :: $S I Darlington KOVACS PIT APPLICANT: 1559300 ONTARIO L1I,tITED 3075 MAPLEGRO'JE ROAD BOWMANVlLLE. ONTARIO L1C 3K4 LICENCE No.3202 EXISTING FEATURES &: CROSS SECTIONS No.04-1872 DRWG. No041872-10F3 PROJECT DATE: DRAWN: SCALE: 1:2000 APPROVED: JJH!CJU ~ Skelton Bromwell - - - -- -,0 _ -,~-- ~~~~'=--(L3-=,=~_ --1--'-' c--=~ L:::'- -~- & PLANNERS BARRIE, ONTARIO L4M 5G1 FAX. (705) 726-0331 CONSULTING ENGINEERS 93 BELL FARM ROAD, SUITE 107 TELEPHONE (705) 726-1141 A. GENERAL 1. THE LICENCED LANDS ARE OWNED BY 1559300 ONTARIO LIMITED AND THE LANDS TO BE LICENCED ARE OWNED BY RALPH ROBINSON, GENE ROBINSON, RON D. ROBINSON, AND RON R. ROBINSON. 2. THE CONTOUR MAPPING WAS PREPARED BY NORTHWAY PHOTOMAP USING AERIAL PHOTOGRAPHY FLOWN NOVEMBER 7, 2002. CONTOURS ARE 2 ME11RE INTERVALS. ELEVATIONS INDICATED ARE RELATED TO THE GEODETIC BENCHMARK SHOWN ON THE DRAWING. 3. BOUNDARY INFORMATION FROM 40R-20294 BY BROWN & COGGAN LTD., OLS, FEBRUARY 12, 2001. 4. INFORM A TlON FOR SITE PLAN DESIGN WAS OBTAINED FROM THE FOLLOWING REPORTS: LEvEL 1 AND 2 NATURAL ENVIRONMENT REPORTS AND OAK RiDGES MORAINE CONFORMITY REPORT BY STANTEC CONSULTING LTD., APRIL 4, 2005. BACKGROUND HYDROGEOLOGICAL ASSESSMENT, PROPOSED KOVACS PIT EXPANSION, 1559300 ONTARIO LIMITED, MUNICIPALITY OF CLARINGTON, BY WILSON ASSOCIATES LTD., JANUARY 18, 2005. NOISE IMPACT ASSESSMENT, KOVACS PIT EXPANSION, CLARINGTON, BY VALCOUSTICS, APRIL 6, 2005. 5. ALL PROCESSING EQUIPMENT USED IN THE EXISTING LICENCED PIT IS PORTABLE AND MOvES IN PROXIMITY TO THE EX11RACTlVE FACE. a DRAINAGE 1. DRAINAGE OF THE SITE IS BOTH NATURAL INFIL TRA TlON AND SURFICIAL RUNOFF FOLLOWING THE CONTOURS AS INDICA TED BY THE ARROWS ON THE SITE PLAN. 2. THE WATER TABLE SURFACE BENEATH THE SITE SLOPES IN A SOUTH WESTWARD DIRECTION FROM A HIGH POINT OF APPROXIMATELY 305m ABOvE SEA LEVEL AT THE NORTH EAST PROPERTY CORNER TO A LOW POINT OF APPROXIMA TEL Y 295m ABOVE SEA LEvEL AT THE SOUTH WEST PROPERTY CORNER. (BACKGROUND HYDROGEOLOGICAL ASSESSMENT) Attachment 6 To Report I"S[):Q8I-06 KOVACS PIT APPLICANT: 1559300 ONTARIO LIMITED 3075 UAPLEGROVE ROAD BOVNANVlLLE. ONTARIO L1C 31<4 UCENCE No.3202 PROJECT DATE: DRAWN: OPERA llONAL PLAN No.04-1872 DRWG. SCALE: No041872-2lr 3 1:2000 APPROVED: ~ Skelton Bromwell __ - ___-:;;\--=-~ .. ~:-=l'~;"~ _ I =~- _ ~_ :__g-=:::,,"i~ - ----- CONSULTING ENGINEERS & 93 BELL FARM ROAD. SUITE 107 TELEPHONE (705) 726-1141 PLANNERS BARRIE. ONTARIO L4M 5Gl FAX. (705) 726-0331 A. GENERAL 1. HOURS OF OPERATION INCLUDING PROCESSING AND TRUCKING WILL NOT EXCEED: WEEKDAYS - 5: 30 AM TO 7: 00 PM WllH OCCASIONAL SA TURD A Y AND LONGER WEEKDAY OPERA TlON RELATED TO SPECIFlC CONTRACTS. NO SUNDAY OPERATIONS. CRUSHING WILL OCCUR ONLY BETWEEN 7: OOom AND 7: OOpm. 2. UCENCED AREA 71.39 HA AREA TO BE EXTRACTED 60.83 HA 3. THE MAXIMUM TONNAGE TO BE EXTRACTED ANNUALLY FROM THIS LICENCED PROPERTY IS 1.000.000 TONNES. 4. IF AND W1HEN CONSTRUCTED. A DOMESTIC SEWAGE SYSTEM TO BE LOCATED NEAR THE SCALE HOUSE WILL REQUIRE A CERTIFICATE OF APPROVAL UNDER SECTION 8 OF lHE ONTARIO BUILDING CODE. 5. CONSTRUCTION OF THE PROPOSED STORAGE AND MAINTENANCE BUILDING IS SUBJECT TO MUNICIPAL SITE PLAN AND BUILDING PERMIT APPROVAL. 6. THE PROPOSED WELL WILL BE FOR DOMESTIC PURPOSES ONLY. 7. UNDISTURBED AND REHABIliTATED AREAS OF THE SITE MAY BE USED FOR AGRICULTURAL PURPOSES. 8. ALL CERTIFICATES OF APPROVAL AS REOUIREO BY MOE FOR PROCESSING EQUIPMENT WILL BE OBTAINED PRIOR TO OPERATION OF lHE EQUIPMENT ON-SITE. 9. SCRAP WILL BE STORED ON SITE IN lHE DESIGNATED AREA AND REMOVED FROM lHE SITE ON AN ON-GOiNG BASIS. 10. THE USE OF SALT FOR WINTER MAINTENANCE WILL BE MINIMIZED. B. DRAINAGE &< SILTATION 1. THE WA TER TABLE SURF ACE BENEA lH THE SITE SLOPES IN A SOUlH WESTWARD OIRECTION FROM A HIGH POINT OF APPROXIMATELY 305m ABOVE SEA LEVEL AT THE NORTH EAST PROPERTY CORNER TO A LOW POINT OF APPROXIMA TEL Y 295m ABOVE SEA LEVEL AT lHE SOUTH WEST PROPERTY CORNER. (BACKGROUND HYDROGEOLOGICAL ASSESSMENT) 2. ALL SURFACE DRAINAGE OF UNDISTURBED AREAS WILL CONTINUE AS SHOWN ON DRAWING NO. 041872-1. ALL SURFACE DRAINAGE OF DISTURBED AREAS WILL BE CONTAINED ON SITE AND WILL INFIL TRA TE INTO THE PiT FLOOR. BERl.AS AND lREt SCREENS THE BERM WITHIN THE SOUTHERLY SETBACK ADJACENT TO THE RESIDENCES AND EAST OF MURPHY ROAD WILL BE CONSTRUCTED PRIOR TO ANY STRIPPING IN PHASE 2. THE BERM EAST OF THE EXISTING RESIDENCES WILL BE CONSTRUCTED AT THE COMMENCEMENT OF STRIPPING OPERATIONS IN PHASE 3. THE BERM lMTHIN THE EASTERLY AND SOUTHERLY SETBACKS ADJACENT TO REGIONAL ROAD 20 AND BOUNDARY ROAD lMLL BE COMPLETED PRIOR TO EXTRACTION IN PHASE 2. EXISTING TREES WITHIN SETBACKS WILL BE MAINTAINED EXCEPT WHERE BERMS WILL BE CONSTRUCTED. ADDITIONAL TREES WILL BE PLANTED IN THE LOCATIONS SHOWN FOLLOIYlNG CONSTRUCTION OF BERMS. AT MINIMUM PLANTlNGS WILL CONSIST OF CONIFEROUS TREES A MINIMUM OF 0.5 METRES IN HEIGHT AT 3.0 METRE SPACING. ADDITIONAL PLANTlNGS OF NATIVE DECIDUOUS SHRUBS MAY ALSO BE INCLUDE~ FENONG AND GATES POST &: WIRE FENONG (MINIMUM HEIGHT OF 1.2 METRES) WILL BE CONSTRUCTED AROUND THE ENTIRE LICENCED BOUNDARY WITHIN ONE YEAR OF LICENCING. FENCES WILL BE MAINTAINED FOR THE LIFE OF THE PIT. A GATE WILL BE INSTALLED AT THE ENTRANCEjEXIT FROM REGIONAL ROAD 20. AND WILL BE KEPT CLOSED DURING HOURS OF NON-OPERATION. A GATE WILL ALSO BE INSTALLED IN THE NORTH FENCE TO PROVIDE HYDRO ONE ACCESS TO THE TRANSMISSION TOWER WITHIN THE LICENCED AREA. E. SITE PREPARATION 1. WITHIN THE AREA TO BE EXTRACTED. ALL TREES WILL BE REMOVED AT LEAST 5 METRES IN ADVANCE OF THE WORKING FACE. C. 1. 2. 3. 4. 5. D. 1. 2. 3. 2. STlJMPS AND BRUSH NATIVE TO THE PROPERTY WILL BE TEMPORARILY STORED IN THE SCRAP AREA AND WILL BE DISPOSED OF IN ACCORDANCE WITH ALL APPliCABLE LEGISLATION. 3. TOPSOIL AND OVERBURDEN WILL BE STRIPPED AND STORED SEPARA m Y. THESE MATERIALS WILL BE BERMED. USED FOR PROGRESSIVE REHABILITATION OR TEMPORARILY STOCKPILED IN CLOSE PROXIMITY TO THE WORKING FACE OR AREA UNDERGOING PROGRESSIVE REHABILITATION. 4. ALL TOPSOIL/OVERBURDEN BERMS AND STOCKPILES WILL BE SEEDED AND MAINTAINED TO CONTROL EROSION (EXCEPT TEMPORARY STOCKPILES). 5. BERMS WILL BE A MINIMUM OF 2.0 METRES IN HEIGHT (SEE TYPICAL CROSS SECTION). F. OUST 1. DUST WILL MITIGATED ON SITE. 2. WATER OR OTHER PROVINCIALLY APPROVED DUST SUPPRESSANTS WILL BE APPLIED TO INTERNAL HAUL ROADS AND PROCESSING AREAS AS OFTEN AS REOUIRED TO MITIGATE DUST. THE USE OF ENGINE OILS FOR DUST SUPPRESSANT IS PROHIBITED. 3. THE PIT ENTRANCE FROM REGIONAL ROAD 20 WILL BE PAVED FROM THE EDGE OF THE ROAD TO AT LEAST 30 METRES INSIDE THE LICENCED BOUNDARY. 4. THE PRIMARY INTERNAL HAUL ROUTE WILL BE ESTABLISHED AND MAINTAINED AS SHOWN AT LEAST 300 METRES FROM THE ADJACENT RESIDENCES TO THE SOUTH. 5. THE POSTED SPEED LIMIT WITHIN THE PIT WILL BE 20 KM/H. 6. PROCESSING EOUIPMENT WILL BE EQUIPPED WITH DUST SUPPRESSING OR COLLECTION DEVICES WHERE THE EOUIPMENT CREATES DUST AND IS BEING OPERATED WITHIN 300m OF A SENSA TIVE RECEPTOR. 7. PROCESSING EQUIPIAENT TO BE LOCATED NO CLOSER TO ADJACENT RESIDENCES THAN 500 METRES FOR FIRST LIFT. 400 METRES FOR SECOND LIFT, AND 300 METRES FOR ALL OTHER LIFTS. 8. PROCESSING EQUIPMENT WILL BE OPERATED ONLY WITHIN THE EXCAVATED AREA AT LEAST ONE LIFT BELOW ORIGINAL GRADE. 9. THE MAXIMUM HEIGHT OF PRODUCT STOCKPILES WILL BE 15 METRES. 10. STOCKPILES AND BERMS OF TOPSOIL AND OVERBURDEN WILL BE SEEDED AND MAINTAINED TO CONTROL EROSION. 11. EXISTING TREES IN SETBACKS WILL BE MAINTAINED EXCEPT WHERE BERMS ARE CONSTRUCTED. 12. ADDITIONAL TREES WILL BE PLANTED AS SHOWN AS SOON AS WEATHER PERMITS FOLLOWING CONSTRUCTION OF THE BERMS. AT MINIMUM. PLANTING WILL CONSIST OF TWO OFFSET ROWS OF CONIFEROUS TREES. THE MINIMUM HEIGHT OF TREES AT PLAN TlNG WiLL BE 1.8 METRES. THE MAXIMUM SPACING BETWEEN THE ROWS AND TREE TRUNKS WILL BE 3.0 METRES. ALL TREES WILL BE MAINTAINED AND/OR REPLACED UNTIL THE BERMS ARE DISMANTLED FOR PIT REHABILITATION. 13. THE MAXIMUM DISTURBED AREA OF THE PIT WILL NOT EXCEED 45 HECTARES NOT INCLUDING AREAS SUBJECT TO THE ORM PILOT RESEARCH PROJECT. 14. PROGRESSIVE REHABILITATION IS REQUIRED TO COMMENCE AS EXTRACTION REACHES THE VERTICAL AND HORIZONTAL LIMITS OF EACH PHASE AND PRIOR TO EXTRACTION IN SUBSEQUENT PHASES AS DESCRIBED IN NOTES G.5., G.6. AND G.7.. AND AS ILLUSTRATED ON DRAWING NO. 041872-3. 15. DURING PERIODS OF DRY WEATHER WHEN THERE IS SUSTAINED WIND TOWARD THE NEARBY RESIDENCES CAUSING EROSION. THE OPERA TOR WILL SUSPEND EXTRACTION OPERA TlONS AND APPLY WATER AND/OR APPROVED DUST SUPPRESSANT TO THE AFFECTlED PIT FACES AND PRODUCT STOCK PILES WITHIN 300 METRES OF THE RESIDENCES. 16. PRIOR TO EXTRACTION IN THE EXPANSION AREA WITHIN 300 I.tETRES OF THE ADJACENT RESIDENCES. A DETAILED DUST MANAGEMENT PLAN WILL BE PREPARED. G. EXTRACTION SEQUENCE 1. THE OPERATION SEQUENCE MAY VARY DUE TO QUALITY OF I.tATERIAL, SITE HYDROLOGY. SITE HYDROGEOLOGY OR I.tARKET DEMAND UPON PRIOR WRITTEN APPROVAL OF THE MINISTRY OF NA TlJRAL RESOURCES. 2. THE MAXII.tUM DEPTH OF EXTRACTION WILL REMAIN AT LEAST 2.0m ABOVE THE ESTABLISHED WATER TABLE. 3. THE FINAL LIMITS OF EXTRACTION AND FINAL DEPTHS OF EXCAVATION WILL NOT EXCEED THOSE ILLUSTRATED. HOWEVER, THESE LIMITS ARE SCHEMATIC ONLY AND MAYBE REDUCED DEPENDING ON THE QUALITY OF MATERIAL ENCOUNTERED. 4. AS THE LIMITS OF EXTRACTION ARE REACHED, THE OPERA TOR WILL UTILIZE ONE OF THE LIFT EXTRACTION OPTIONS AS OUTLINED IN DETAIL"A" (SEE DRAWING 041872-3) TO ESTABLISH THE 3: 1 SIDE SLOPES. 5. EXTRACTION WILL CONTINUE IN THE EXISTING PIT AND PROCEED EASTERLY THROUGH PHASES 1 AND 2 UNTIL THE FINAL LIMITS AND DEPTH OF EXTRACTION ARE ACHIEVED IN PHASE 1. 6. SITE PREPARATION AND EXTRACTION IN PHASE 3 WILL COMMENCE AFTER THE SLOPES IN PHASE 1 HAVE BEEN ESTABLISHED. 7. SITE PREPARATION AND EXTRACTION IN PHASE 4 WILL COMMENCE AFTER REHABILITATION OF AUL SLOPES IN PHASE 1 AND THE FINAL LIMITS AND DEPTH OF EXTRACTION ARE ACHIEVED IN PHASE 2. 8. THE HIGHEST EXISTING ELEVATION WITHIN THE LIMIT OF EXTRACTION OF 348.8 METRES. EXTRACTED TO A PIT FLOOR ELEVATION OF 302 METRES, ESTABLISHES AN APPROXIMATE MAXIMUM EXCAVATION DEPTH OF 46.2 METRES. AT A LIFT HEIGHT OF 7.5M (25'). THE MAXIMUI.t NUMBER OF LIFTS WlUL BE 7. HOWEVER, THE OPERA TOR I.lA Y CHOOSE TO USE AN ALTERNATIVE METHOD OF EXTRACTION. AUL EXTRACTION OPERATIONS WILL BE IN ACCORDANCE WITH THE CURRENT PROVISIONS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT. 9. THE LOCATION OF INTERNAL HAUL ROADS WlUL VARY AS EXTRACTION PROCEEDS, EXCEPT FOR THE PRIMARY TRASPORTATlON CORRDOR. 10. THE MAXIMUM DISTlJRBED AREA WILL NOT EXCEED 45 HECTARES NOT INCLUDING AREAS SUBJECT TO THE ORM PILOT RESEARCH PROJECT. H. PROCESSING EQUIPt.4ENT 1. PORTABLE EQUIPMENT WILL BE USED FOR EXTRACTION AND PROCESSING AND WILL MOVE IN PROXIMITY TO EXTRACTIVE FACES. 2. EXTRACTION AND PROCESSING EQUIPMENT TO BE USED ON SITE MAY INCLUDE, BUT WILL NOT BE LIMITED TO: t.408lLE EQUIPt.4ENT: LOADERS, TRUCKS, DOZERS, SCRAPERS, GRADERS. EXCAVATORS PORTABLE EQUIPMENT PERt.4ANENT TO SITE: SCREENING PLANT, STACKER, CONVEYORS, POWER PLANT. FEED BIN, CRUSHING PLANT, TOOL TRAILER. 3. TEMPORARY PRODUCT STOCKPlLES WILL BE LOCATED IN CLOSE PROXIMITY TO EXTRACTIVE FACES. DURING CRUSHING OPERATIONS IN PHASES 1 AND 2 PRODUCT STOCKPILES WILL BE LOCATED ON THE WEST SIDE OF THE PROCESSING EQUIPMENT. TO MITIGATE NOISE DURING CRUSHING OPERATIONS IN PHASES 3 AND 4 PRODUCT STOCKPILES WILL BE LOCATED ON THE EAST SIDE OF THE PROCESSING EOUIPMENT. THE CENTRE OF PRODUCT STOCKPILES USED FOR NOISE MITIGATION WILL BE LOCATED NO MORE THAN 20 METRES FROM THE PROCESSING EOUIPMENTS AND BE A MINIMUM HEIGHT OF 10 METRES AND A MAXIMUM HEIGHT OF 15 METRES. 4. SETBACKS FROM ABUTTING RESIDENCES FOR PROCESSING INCLUDE: 500m - FIRST LIFT 400m - SECOND LIFT 300m - ALL OTHER LIFTS 5. FOR EQUIPMENT THAT IS USED FOR CONSTRUCTION OR REHABILITATION ACTlVI TIES. THE MAXIMUM SOUND EMISSION LEVEL MUST COMPL YWlTH THE LIMITS SET OUT BY MOE PUBLICATIONS NPC-115 AND NPC-118. I. FUEL STORAGE a: SERVICING 1. THERE WlUL BE NO PERMANENT ON-SITE FUEL STORAGE 2. ON-SITE EQUIPMENT WILL BE FUELLED BY A MOBILE REFUELLING TANK IN ACCORDANCE WITH THE LIQUID FUEL HANDLING CODE, UNDER CAREFUL OBSERVATION, AND IF POSSIBLE. ON AN IMPERMEABLE SURFACE. 3. SERVICING OF EQUIPMENT PERMANENT TO THE SITE SUCH AS SCREENING AND CRUSHING PLAN TS. WILL OCCUR ON SI TE. 4. MOBILE EDUIPMENT WILL BE SERVICED OFF SITE OR IN THE PROPOSED MAINTENANCE SHOP THAT WOULD PROVIDE SPILL PROTECTION. 5. ALL PETROLEUM WASTE PRODUCTS WILL BE COLLECTED AND DISPOSED OF BY AN MOE APPROVED AGENT. 6. THE OPERA TOR HAS A SPILLS CONTINGENCY PLAN IN PLACE. J. AUXILIARY USE OF THE SITE 1. LIMESTONE PRODUCTS MAY BE IMPORTED AND TEMPORARILY STORED ON SITE FOR THE PURPOSE OF RESALE AND/OR BLENDING WITH ON SITE PRODUCTS. STORAGE LOCATION WILL VARY WITHIN PHASE 1 UNTIL AN SUITABLE AREA iN PHASE 2 IS ESTABLISHED. 2. THE VOLUME OF IMPORTED LIMESTONE STORED ON SITE WILL RELATE TO THE PiT PRODUCTION FOR THE PREViOUS YEAR AS FOLLOWS: PRODUCTION (TONNES) LESS THAN 100,000 MORE THAN l00,OOD LIMESTONE (TONNES) o UP TO 50,000 3. LIMESTONE STORAGE AREA WILL BE DELINEATED WITH METAL STAKES OR CONCRETE BLOCKS ON AT LEAST 2 SiDES. 4. CLEAN INERT TOPSOIL MAY BE IMPORTED TO FACiLITATE THE REHABILITATION TO AN AGRICUL ruRAL USE. IMPORTED TOPSOIL WILL NOT EXCEED 1 METRE IN DEPTH. THE LiCENSEE MUST ENSURE THAT THE MATERIAL IS TESTED AT THE SOURCE BEFORE IT IS DEPOSITED ON SITE. TO ENSURE THAT THE MATERIAL MEETS THE MINISTRY OF THE ENVIRONMENT'S PARAMETERS UNDER TABLE "1" OF MOE'S SOILS, GROUND WATER AND SEDIMENT STANDARDS FOR USE UNDER PART XV.1 OF THE ENVIRONMENTAL PROTECTION ACT. SAMPLING RESULTS WlUL BE PROVIDED TO MNR UPON REQUEST. K. ENTlRANCEIEXIT 1. THE ENTRANCE DRIVEWAY TO REGIONAL ROAD NO, 20 WlUL BE CONSTRUCTED PRIOR TO ANY EXTRACTION IN PHASE 2. 2. THE GATE AND ENTRANCE DRIVEWAY TO MURPHY ROAD WILL BE REMOVED ONCE THE NEW ENTRANCE IS APPROVED FOR USE BY THE REGION OF DURHAM. THE AREA WILL BE PLANTED WITH CONIFEROUS TREES OF A MINIMUM HEIGHT OF 0.9 M AND MAXIMUM SPACING OF 3.0 M. 3. THE GATE AND DRIVEWA Y AT SOUTH WEST CORNER OF THE SITE WILL ALSO BE REMOVED. L. GROUNDWATER MONITORING: 1. WITHIN 6 MONTHS OF LICENCING THE OPERATOR WILL: SEND CORRESPONDENCE TO ALL LAND OWNERS WITH WELLS WITHIN 300 METRES OF THE LICENCED BOUNDARY REQUESTING PERMISSION TO MONITQR AND SAMPLE THE WELL ON THEIR PROPERTY. COMPLETE THE MONITORING. SAMPLING AND CHEMICAL TESTING OF THE SAMPLES I'I11ERE PERMISSION IS GRANTED, AND PRQVlDE THE RESULTS TO THE OWNER, THE MNR AND THE MUNICIPALITY OF CLARINGTON. CHEMICAL TESTING WILL INCLUDE CONDUCTIVITY, PH, SODIUM, CHLORIDE, TOTAL PETROLEUM HYDROCARBONS (FULL RANGE, PLUS BTEX). 2. WITHIN 12 MONTHS or LICENCING THE OPERA TOR WILL: INSTALL MONITORING WELLS IN AT LEAST THREE LOCATIONS ON THE PROPERTY. THE LOCATIONS ARE TO BE DETERMINED BY A QUALIFIED HYDROGEOLOGICAL CONSULTANT RELATlVIE 10 PROVIDING DATA UP AND DOWN GRADIENT OF THE EXCAVATION, AND WHERE THE WELLS WILL REMAIN UNDISTURBED. LOCATION AND ELEVATION COORDINATES OF THE WELLS WILL BE OBTAINED BY SURVlEY OR GPS. 3. THE WELLS WILL BE MONITORED BY A QUALIFIED HYDROGEOLOGICAL CONSULTANT AT A FREQUENCY OF: THREE TIMES PER YEAR FOR AT LEAST TWO YEARS IN THE SPRING, SUMMER AND FALL, THEN ONCE PER YEAR THEREAFTER UNLESS MORE FREQUENT MONITORING IS RECOMMENDED BY THE HYDROGEOLOGICAL CONSULTANT. 4. MONITORING RECORDS 'MLL BE RETAINED BY THE OPERA TOR ON SITE AND MADE AVAILABLE TO MNR, THE MUNICIPALITY or CLARINGTON, NEARBY WELL OWNER$. GRCA, AND ANY OTHER AGENCY UPON REQUES~ 5. ANY ADVlERSE IMPACTS WILL BE REPORTED TO MNR. MOE AND THE MUNICIPALITY. 6. IN THE EVlENT OF A COMPLAINT OF WATER SUPPLY DISRUPTION/IMPACT. THE MOE MUST BE IMMEDIA TL Y NOTIFIED. IF, BASED ON A REVIEW BY A QUALIFIED HYDROGEOLOGlST OR THE MOE. THE DISRUPTION/IMPACT IS FOUND TO BE A RESULT OF ACTIVITIES WITHIN THE PIT, THE OUALITY AND QUANITY OF WATER OF THE COMPLAINTANrS WA TER SUPPLY MUST BE RESTORED AT THE PIT OPERA TOR'S EXPENSE. 7. THE PIT FLOOR ELEVATION WILL BE MODIFIED TO MAINTAIN A 2.0 METRE SEPARATION FROM THE WATER TABLE AS NECESSARY BASED ON THE MONITORING RESULTS. KOVACS PIT APPLICANT: 1559300 ONTARIO LI~ITED 3075 t,tAPLEGROVE ROAD BOMAANVlLLE. ONTARIO ltC 31<4 LICENCE No.3202 PROGRESSIVE & FINAL REHABILITATION PLAN PROJECT No.04-1872 DRWG. No041872 3F3 DATE: MAY 2004 SCALE: AS NOTED DRAWN: JJH /CJU APPROVED: t!] Skelton Bromwell -- ----- -- ~~- -- _ ,=-='~)~j;;;;;;: ~'" - i-I=-- "':=- _ -=-f~I=-~ - --~--~ - - --- CONSULTING ENGINEERS & PLANNERS 93 BELL FARM ROAD. SUITE 107 BARRIE. ONTARIO L4M SGl TELEPHONE (705) 726-1141 FAX. (705) 726-0331 A. PROGRESSIVE REHABILITATION L STAGING OF PROGRESSIVE AND FINAL REHABILITATION WILL FOLLOW THE DIRECTION AND SE~UENCE OF MINING AS ILLUSTRATED ON DRAWING NO. 041872-2. PROGRESSIVE REHABILITATION WILL COMMENCE IN EACH PHASE ONCE THE FINAL LIMITS OF EXTRACTION ARE REACHED. 2. OVERBURDEN OBTAINED FROM TEMPORARY STOCKPILES. BERMS OR STRIPPED AREAS WILL BE USED FOR BACKFILLING AND FINAL CONTOURING OF SLOPES AND THE PIT FLOOR. 3. ALL FACES WILL BE REHABILITATED TO NO STEEPER THAN A 3:1 SLOPE WITH ON-SITE MATERIAL. REHABILITATED SLOPES WILL BE CREATED BY CUT AND FILL. EXTRACTION AND BACKFILL. OR EXTRACTION TO THE SLOPE DEPENDING ON THE QUALITY OF MATERIAL. REHABILITATION OPTIONS AND BACKFILL REQUIREMENTS ARE ILLUSTRATED IN DETAIL 'A'. 4. GRAOlNG THE PIT FLOOR WILL BE ACHIEVED BY USING A DOZER/GRADER ETC. TO PRODUCE A MINIMUM GRADE OF 1" TO PROVIDE FOR DRAINAGE. 5. PROGRESSIVE REHABILITATION OF THE PIT FLOOR AND SLOPES WILL INCLUDE RIPPING/TILLING TO ALLEVIATE COMPACTION. APPLICATION OF A MINIMUM OF 100 mm OF OVERBURDEN AND ALL AVAILABLE TOPSOIL AND SEEDING WITH AN APPROPRIATE SEED MIXTlURE. 6. TOPSOIL MAY BE IMPORTED TO IMPROVE THE AGRICULTlURAl CAPABILITY OF THE REHABiliTATED LANDS. 7. ALL REHABILITATED AREAS Will BE SEEDED TO CONTROL EROSION. B. DRAINAGE L SURFACE RUNOFF FROM DISTlURBED AREAS OF THE SITE WILL FOLLOW THE FINAL CONTOURS AND WILL DRAIN TOWARD THE LOW POINT OF THE PIT WHERE IT WILL INFlL TRA TE. C. FENCING, BUlD1NGS. BERMS & STOCKPILES 1. ALL FENCING WILL REMAIN ON SITE. 2. THE SCALE AND SCALE HOUSE WILL BE REMOVED. THE MAINTENANCE/STORAGE BUILDING Will REMAIN AS PART OF THE FINAL END USE. 3. TOPSOIL AND OVERBURDEN BERMS AND STOCKPILES WILL BE REMOVED AND USED IN PROGRESSIVE AND FINAL REHABILITATION. D. FINAL REHABIUTATlON THE FINAL END USE WILL BE NATIVE GRASSLANDS OR AGRICULTURE. THE PIT FLOOR WILL BE PREPARED FOR AN AGRICULTURAL END USE. THE SEED BED PREPARATION WILL UTILIZE. BUT NOT BE RESTRICTED TO, RIPPING, TILLING. FERTILIZING AND STONE PICKING. AS REQUIRED. 1. 2. E. ORM PILOT RESEARCH PROJECT DESCRIPTION 1. THE OAK RIDGES MORAINE (ORM) PILOT RESEARCH PROJECT IS ESTA8LISHED AS A PARTNERSHIP BETWEEN THE PIT L1CENCEE AND THE MINISTRY OF NATURAL RESOURCES (MNR) RESEARCH AND DEVELOPMENT BRANCH. 2. THE OBJECTIVES OF THE PROJECT ARE TO ASSESS THE IMPACT OF A NUMBER OF VARIABLES ON THE ESTABLISHMENT OF NATIVE GRASSLANDS AND SAVANNA, AND TO DEVELOP SPECIFIC GUIDELINES FOR ESTABLISHING NATIVE GRASSLAND AND SAVANNA ECOSYSTEMS ON AGGREGATE EXTRACTION SITES ACROSS THE OAK RIDGES MORAINE. 3. THE EXTENT OF THE PROJECT IS INDICATED IN THE PROGRESSIVE REHA81L1TATION DIAGRAMS, 4. INQUIRIES REGARDING THE ORM RESEARCH PROJECT SHOULD 8E DIRECTED TO MNR WILDLIFE RESEARCH AND DEVELOPMENT SECTION. COIAMENCEMENT AND COIAPLETlON 1. THE PROJECT WILL COMMENCE AS THE SLOPES AND THE PIT FLOOR WI THIN THE PROJECT AREA ARE ESTABLISHED. 2. FINAL REHABILITATION OF THE PROJECT AREA WILL INCLUDE NATIVE GRASSLAND AND SAVANNA WHERE S1JCCESSFUL. AREAS NOT REQUIRED FOR RESEARCH, OR UNSUCCESSFUL UPON COIAPLETION OF THE PROJECT WILL BE REHABILITATED IN ACCORDANCE WITH NOTES A.l TO 0.2. RESPONSIBiliTIES 1. THE L1CENCEE WILL UNDERTAKE SLOPING AND GRADING INCLUDING MICROTOPOGRAPHY CREATION, AND HYDROSEEDING AND FERTILIZING W1HERE DlRECTED. MICROTOPOGRAPHY CREATION MAY INCLUDE "ROUGH" GRADING TO CREATE A VARIETY OF SLOPE ANGLES WITH SOME TERRACING AND BACK SLOPING, SMALL MOUNDS AND DEPRESSIONS ESPECIALLY ON THE FLOOR, INCLUSION OF BOULDERS AND TREE TRUNKS IF AVAILABLE. 2. THIS WORK WILL BE AT THE L1CENCEE'S COST EXCEPT THAT MNR WILL PAY ANY COSTS WHICH EXCEED TRADITIONAL REHA81LITA nON COSTS (EG. SEED, TREES, ETC.) 3. MNR RESEARCHERS WILL SET UP THE EXPERIMENTAL DESIGN IN THE FIELD. GUIDE THE OPERA TOR IN THE SELEcnON OF PLANT MATERIAL, MONITOR TRENDS IN PLANT SPECIES' ESTABUSHMENT AND BIODIVERSITY OVER TIME. 00 THE STATISTICAL ANALYSIS OF THE DATA AND PREPARE SUMMARY REPORTS. 4. INQUIRIES REGARDING THE ORM RESEARCH PROJECT SHOULD BE DIRECTED TO MNR VIlLDLlFE RESEARCH AND DEVELOPMENT BRANCH, 1-705-755-1217. RESTRICTIONH 1. WITHIN THE HYDRO ONE NETWORKS EASEMENT PlANTlNGS WILL NOT EXCEED 3.5 METRES IN HEIGHT AT MATURITY. Attachment 7 To Report PSD-087-06 NORTH ~ SOURCE: KOVACS SITE PLAN OWG 041872-2 OF 3 JULY 19. 2006 II KOVACS PIT EXPANSION SKETCH TO ILLUSTRATE SETBACKS FOR PROCESSING FIGURE 1 1:6,000 PiN 1872 08/22/06 ~I ~~~~I CONSULTING ENGINEERS &: PLANNERS ~~~'1:fIE 107 ~~l,LA/1i16Gl