HomeMy WebLinkAbout08/31/2006 (Special)t
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Energi2ing Ontario
SPECIAL COUNCIL MEETING
DATE: Thursday, August 31, 2006
TIME: 10:00 A.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
DELEGATIONS
a) Anna Bragg -Report PSD-087-06
b) Herb Visser, Keystone Sand and Gravel -Report PSD-087-06
c) Clay Taylor or his Agent -Report PSD-087-06
REPORTS
1. PSD-087-06 - 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.)
2. Confidential Property Matter
3. .Confidential Legal Matter
UNFINISHED BUSINESS
BY-LAWS
BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO, L1C 3A6 T 905-623-3379
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µ.W~ REPORT
PLANNING SERVICES
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Meeting: SPECIAL COUNCIL MEETING
Date: Thursday, August 31, 2006
Report #: PSD-087-06 File #'s: ROPA 2005-06, By-law #:
COPA 2005-004 and ZBA 2005-012
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 Dufiam 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;
i.
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.
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Submitted by: Reviewed b
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 L1C 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 Ridges 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 comer of the site included in the original application
(see Attachment 1).
2.2 Surrounding 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 ~
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 Rezoning
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 mod~ed 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 Policy Statement (PPS)
4.1.1 The PPS must be read in its entirety and all relevant policies considered. Asa
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 Ridges 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 Region 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
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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
Schedule 71
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 Clarington 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 fora 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 '~0
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 sign cant 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 Ridges Moraine Conformity
Report, and Natural Heritage Study
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 any one 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
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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 Background HydroQeoloQic 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 sign~cantly 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 ff
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 Analysis
7.5.1 This report addressed the
transport of material from
Hours of operation will b
activities cannot commenc
weekday operations relate
operations being permitted
the existing pit.
noise impacts associated with the excavation and
the working face and the processing of material.
e from 5:30 a.m. to 7:00 p.m., although crushing
e until 7:00 a.m. Occasional Saturday and longer
d to spec'fiic contracts would be permitted, with no
on Sunday. Excavation will proceed eastward from
REPORT NO.: PSD-087-06 PAGE 12
7.5.2 Noise impacts from processing are expected to be sign~cantly 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 Impact Analysis
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 intemal 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. Amore 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
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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 rf 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 18t to December 24~'. 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 Clarington 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.
L
REPORT NO.: PSD-087-06 PAGE 14
8.2 Region 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 tum lane for the entrance is also
required.
8.3 Ministry 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.
q,
REPORT NO.: PSD-087-06 PAGE 15
8.4 Ganaraska Region 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 Agencies
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
10.0 STAFF COMMENTS
PAGE 1''6
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 speck
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 any one 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
w
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 speck 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 modfi/ 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 OfFcial 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
Lorne Hardy
Debby McCabe
Doug and Astrid Morse
Janet and Jeff Ralston
Paul and Clare Reid
Kate Sperry and Brent Smale
Clay Taylor
F
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Attachment 1
To Report PSD-087-06
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Attachment 2
To Report PSD-087-06
AMENDMENT N0.52
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: 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.
BASIS: 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.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1) On Map Al (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 Al
(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.
r
Attachment 2
To Report PSD-087-06
Attachment 3
To Report PSD-067-06
CORPORATION OF THE MUNICIPALITY Of CLARINGTON
BY-LAW N0.2006 -
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
BY-LAW read a second time this
day of
day of
BY-LAW read a third time and finally passed this
day of
2006
2006
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
~'
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Attachment 4
To Report PSD-087-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
BY-LAW N0.2006 -
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 permitted 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
rr 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 riatural 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
i
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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 Bramwell dated July 19, 2006.
Natural Grade
Shall mean the elevations depicted on a drawing entitled "Existing
Features and Cross Sections" prepared by Skelton Bramwell 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.
3.
4.
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.
Schedule "A" attached hereto shall form part of this By-law.
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
BY-LAW read a second time this
day of
day of
BY-LAW read a third time and finally passed this day of
2006
2006
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006- ,
passed this day of , 2006 A.D.
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Zoning Change From "M3" To "M3-4"
® Zoning Change From "A" To "(H)M3-4"
Zoning Change From "A" To "EP"
John Mutton, Moyor Patti L Barre, Municipal Clsrk
-----1T----- ----
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Darlington
Attachment 5
To Report PSD-087-06
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2006 -
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:
w
"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
d
as
resale and blending with material extracted on-site is permitte
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) 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
i' 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
ilrr 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;
2.
3.
4.
BY-LAW read a first time this
BY-LAW read a second time this
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 Bramwell dated July 19, 2006.
Natural Grade
Shall mean the elevations depicted on a drawing entitled "Existing
Features and Cross Sections" prepared by Skelton Bramwell 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 setf-
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.
Schedule "E4" to By-law 2005 -109, as amended, is hereby further amended by
changing the zone designation from "Aggregate Extraction (AE) 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.
Schedule "A" attached hereto shall form part of this By-law.
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.
day of 2006
day of
BY-LAW read a third time and finally passed this day of
2006
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
r
This is Schedule "A" to By-law 2006- ,
passed this day of , 2006 A.D.
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Zoning Change From "AE" To "AE-1"
® Zoning Change From "A" and "Environmental Holding" To " (HIE-1"
Zoning To Remain "EP"
John Mutton, Mayor Patti L Barrie, Municipol Clerk
1
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Darlington
. ~ovAcs ~i~
APPLICANT: 1559300 ONTARIO LIMITED
3075 MAPLEGROVE ROAD
BOWMANVILLE. ONTARIO
LiC 3K4
LICENCE Na3202
EXISTING FEATURES
Sr .CROSS SECTIONS
PROJECT N0.04-'~ 87Z DRWG. NOC~I'1 H7Z-1oF 3
DATE: MAY 2004 SCALE: 1:2000
DRAWN: JJH/CJU CHECKED. APPROVED:
Skelton B elI
CONSULTING ENGINEERS & PLANNERS
93 BELL FARM ROAD, SUITE 107 BARRIE, ONTARIO L4M 5G1
TELEPHONE (705) 726-1141 FAX. (705) 726-0331
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. R0N 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 METRE INTERVALS. ELEVATIONS INDICATED ARE RELATED TO
THE GEODETIC BENCHMARK SHOWN ON THE DRAWING.
AN
3. BOUNDARY INFORMATION FROM 40R-20294 BY BROWN do COGG
LTD., OLS, FEBRUARY 12. 200E
4. INFORMATION 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 EXTRACTIVE FACE.
B. DRAINAGE
1. DRAINAGE OF THE SITE IS BOTH NATURAL INFILTRATION AND
SURFIpAI RUNOFF FOLLOWING THE CONTOURS AS INDICATED 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 APPROXIMATELY 295m ABOVE SEA LEVEL AT THE
SOUTH WEST PROPERTY CORNER. (BACKGRWND HYDROGEOLOGICAL
ASSESSMENT)
r~nacnrnesni v
To Report PSD-087-06
K OVAC S P 17
APPLICANT: 1559300 ONTARIO LiMtTED
3075 MAPLEGROVE ROAD
BOWIr1ANVILIE. ONTARIO
L1C 3K4
LICENCE Na32O2
OPERATfONAL
PLAN.
PROJECT NO.O4-~ 872 DRWG. N07U4'~ S72 ~F 3
DATE: MAY 2004 SCALE: 1:2000
DRAWN: JJH/CJU CHECKED. APPROVED:
_.. _ Skelton Bre11
CONSULTING ENGINEERS & PLANNERS
93 BELL FARM ROAD. SUITE , 107 BARRIE. ONTARIO L4M SG1
TELEPHONE (70S) 726-1141 FAX. (705) 726-0331
A, GENERAL
1. HOURS OF OPERATION INCLUDING PROCESSING AND TRUCKING WILL NOT EXCEED:
WEEKDAY'S - 5:30 AM TO 7:00 PM 1MTH OCCASIONAL SATURDAY AND LONGER WEEKDAY
OPERATION RELATED TO SPECIFIC 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 IICENCED PROPERTY IS
,1.000.000 TONNES.
4. IF AND WHEN CONSTRUCTED A DOMESTIC SEWAGE SYSTEM TO BE LOCATED NEAR THE SCALE
HOUSE 1MLL REQUIRE A CERTIFlCATE OF APPROVAL UNDER SECTION 8 OF THE ONTARIO
BUILDING CODE.
S. CONSTRUCTION OF THE PROPOSED STORAGE AND MAINTENANCE BUILDING IS SUBJECT TO
MUNICIPAL SITE PLAN AND BUILDING PERMIT APPROVAL,
6. THE PROPOSED WELL HALL BE FOR DOMESTIC PURPOSES ONLY.
7. UNDISTURBED ANO REHABILITATED AREAS OF THE SITE MAY BE USED FOR AGRICULTURAL.
PURPOSES.
8. ALL CERTIFICATES OF APPROVAL AS REQUIRED BY MOE FOR PROCESSING EQUIPMENT WILL BE .
OBTAINED PRIOR TO OPERATION OF THE EQUIPMENT ON-SITE.
9. SCRAP WILL BE STORED ON SITE iN THE DESIGNATED AREA AND REMOVED FROM THE SITE ON '
AN ON-GOING BASIS.
10. THE USE OF SALT FOR WINTER MAINTENANCE WILL BE MINIMIZED.
B. DRAINAGE dt SILTATION
1. 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 APPROXIMATELY 295m ABOVE SEA LEVEL AT THE
SOUTH WEST PROPERTY CORNER. (BACKGROUND HYDROGEOLOgCAL ASSESSMENT)
2. ALL SURFACE DRAINAGE OF UNDISTURBED AREAS WILL CONTINUE AS SHOWN ON DRAWING N0.
041872-1. ALL SURFACE DRAINAGE ~' DISTURBED AREAS WILL BE CONTAINED ON SITE AND
WILL INFILTRATE INTO THE PIT FLOOR.
~r
C. BERMS ANp TREE SCREENS
1. THE BERM WITHIN 7HE SOUTHERLY SETBACK ADJACENT TO THE RESIDENCES AND EAST OF
MURPHY ROAD WILL BE CONSTRUCTED PRIOR TO ANY STRIPPING IN PHASE 2.
2. THE BERM EAST OF THE EXISTING RESIDENCES WILL BE CONSTRUCTED AT THE COMMENCEMENT
OF STRIPPING OPERATIONS IN PHASE 3.
3. THE BERM WITHIN THE EASTERLY AND SOUTHERLY SETBACKS ADJACENT TO REGIONAL ROAD 20
AND BOUNDARY ROAD WILL BE COMPLETED PRIOR 70 EXTRACTION IN PHASE 2.
4. EXISTING TREES WITHIN SETBACKS WILL BE MAINTAINED EXCEPT WHERE BERMS WILL BE
CONSTRUCTED.
5. "ADDITIONAL TREES HALL BE PLANTED IN THE LOCATIONS SHOWN FOLLOWING CONSTRUCTION OF
BERMS. AT MINIMUM PLANTINGS WILL CONSIST OF CONIFEROUS TREES A MINIMUM OF 0.5
METRES IN HEIGHT AT 3.0 METRE .SPACING. ADDITIONAL PLANTINGS OF NATIVE DECIDUOUS
SHRUBS MAY ALSO BE INCLUDED. "
D. FENCING AND GATES
1. POST dt WIRE FENCING (MINIMUM HEIGHT OF 1,2 METRES)) WILL BE CONSTRUCTED AROUND THE
~ ENTIRE LICENCED BOUNDARY WITHIN ONE YEAR OF LICEMCING. FENCES WILL BE MAINTAINED
FOR THE LIFE OF THE PIT.
~:; 2. AGATE WILL BE INSTALLED AT THE ENTRANCE,EX17 FROM REGIONAL ROAD 20. AND WILL BE
~r KEPT CLOSED DURING HOURS OF NON-OPERATTtION.
3. AGATE WILL ALSO BE INSTALLED IN THE NORTH PENCE TO PROVIDE NYDRO 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.
i1r 2. STUMPS AND BRUSH NATIVE TO THE PROPERTY WILL BE TEMPORARILY STORED IN THE SCRAP
AREA AND WILL BE DISPOSED OF IN ACCORGANCE WITH ALL APPUCABI.E LEGISLATION.
3. TOPSOIL AND OVERBURDEN WILL BE STRIPPED AND STORED SEPARATELY, THESE MATERIALS
~ WILL BE BERMED. USED FOR PROGRESSIVE REHABILITATION OR TEMPORARILY STOCKPILED IN
iftr 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, DUST
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 REQUIRED 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 EQUIPMENT HALL BE EQUIPPED WITH DUST SUPPRESSING OR COLLECTION
DEVICES WHERE THE EQUIPMENT CREATES DUST AND IS BEING OPERATED WITHIN 300m OF
A SENSATIVE RECEPTOR. '
7. PROCESSING EQUIPMENT 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.
it
12. ADDITIONAL TREES Well 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 A7 PLANTING 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 6ERM5 ARE
DISMANTLED FOR PI7 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 N0. 041872-3.
15. DURING PERIODS OF DRY WEATHER WHEN THERE IS SUSTAINED WIND TOWARD THE
NEARBY RESIDENCES CAUSING EROSION, THE OPERATOR WILL SUSPEND EXTRACTION
OPERATIONS AND APPLY WATER AND/OR APPROVED DUST SUPPRESSANT TO THE
AFFECTED PIT FACES AND PRODUCT STOCK PILES WITHIN 300 METRES OF THE
RESIDENCES.
T6. PRIOR TO EXTRACTION IN THE EXPANSION AREA WITHIN 300 METRES OF THE ADJACENT
RESIDENCES, A DETAILED DUST MANAGEMENT PLAN WILL BE PREPARED.
G. EXTRACTION SEQUENCE
1. THE OPERATION SEQUENCE MAY VARY DUE TO DUALITY OF MATERIAL, SITE HYDROLOGY,
SITE HYDROGEOLOGY OR MARKET DEMAND UPON PRIOR WRITTEN APPROVAL OF THE
MINISTRY OF NATURAL RESOURCES.
2 THE MAXIMUM DEPTH OF EXTRACTION WILL REMAIN AT LEAST 2.Om ABOVE THE +~
ESTABLISHED WATER TABLE.
3. THE FlNAL LIMITS OF EXTRACTION AND FINAL DEPTHS OF EXCAVATION WILL NOT EXCEED
THOSE ILLUSTRATED. HOWEVER. THESE LIMITS ARE SCHEMATIC ONLY AND MAY BE
REDUCED DEPENDING ON THE QUALITY OF MATERIAL ENCOUNTERED.
4. AS THE LIMITS OF EXTRACTION ARE REACHED. THE OPERATOR 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 ANO PROCEED EASTERLY THROUGH
PHASES 1 AND 2 UNTIL THE FNAL 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 ALL 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
MAXIMUM NUMBER OF LIFTS NALL BE 7, HOWEVER. THE OPERATOR MAY CHOOSE TO USE
AN ALTERNATIVE METHOD OF EXTRACTION. ALL EXTRACTION OPERATIONS WILL BE IN
ACCORDANCE WITH THE CURRENT PROVISIONS OF THE OCCUPATIONAL HEALTH AND SAFETY
ACT.
9. THE LOCATION OF INTERNAL HAUL ROADS WILL VARY AS EXTRACTION PROCEEDS. EXCEPT
FOR THE PRIMARY TRASPORTATiON CORRDOR. ;~
1O. THE MAXIMUM DISTURBED AREA WILL NOT EXCEED 45 HECTARES NOT INCLUDING
AREAS SUBJECT TO THE ORM PILOT RESEARCH PROJECT.
H, PROCESSING EQUIPMENT
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 UNITED T0:
MOBILE EQUIPMENT:
LOADERS. TRUCKS. DOZERS. SCRAPERS. GRADERS. EXCAVATORS
PORTABLE EQUIPMENT PERMANENT TO SITE:
SCREENING PLANT. STACKER, CONVEYORS. POWER PLANT. fE£D 81N. CRUSHING PLANT.
TOOL TRAILER,
~;
III
L
3. TEMPORARY PRODUCT STOCKPILES WILL BE LOCATED IN CLOSE PROXIMITY TO EXTRACTIVE
FACES. DURING CRUSHING OPERATIONS IN PHASES t 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 EQUIPMENT. THE CENTRE OF PRODUCT STOCKPILES
USED FOR NOISE MITIGATION WILL BE LOCATED NO MORE THAN 20 METRES FROM THE
PROCESSING EOUIPME~TS 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 UFT
400m -SECOND UFT
300m -ALL OTHER LIFTS
5. FOR EQUIPMENT THAT IS USED FOR CONSTRUCTION OR REHABILITATION ACTIVITIES. THE
MAXIMUM SOUND EMISSION LEVEL MUST COMPLY •WITH THE LIMITS SET OUT BY MOE
PUBLICATIONS NPC-115 AND NPC-118.
L FUEL STORAGE do SERVICING
1. THERE WILL BE NO PERMANENT ON-SITE FUEL STORAGE
2. ON-SITE EQUIPMENT HALL 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
PLANTS. WILL OCCUR ON SITE.
4. MOBILE EQUIPMENT 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 OPERATOR HAS A SPILLS CONTINGENCY PLAN IN PLACE.
d 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 tN 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 (TONNESI ~ IMESTONE (TONNES)
LESS THAN 100.000 0
MORE .THAN 100.000 ' UP TO 50.000
3. LIMESTONE .STORAGE .AREA HALL 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
AGRICULTURAL USE. IMPORTED TOPSOIL WILL NOT EXCEED t 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 WILL BE PROVIDED TO MNR UPON REQUEST.
K. ENTRANCE/EXIT
1. THE ENTRANCE DRIVEWAY TO REGIONAL ROAD N0. 20 WILL 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 HALL BE PLANTED WITH CONIFEROUS TREES OF A MINIMUM HEIGHT OF 0.9 M
AND MAXIMUM SPACING OF 3.0 M.
3, THE GATE AND DRIVEWAY AT SOUTH WEST CORNER OF THE SITE WILL ALSO BE
REMOVED.
i.
L. GROUNDWATER MONITORING:
1. WITHIN 6 MONTHS OF UCENCING THE OPERATOR WILL:
SEND CORRESPONDENCE TO ALL LAND OWNERS WITH WELLS WITHIN 300 METRES OF THE
LICENCED BOUNDARY REQUESTING PERMISSION TO MONITOR ANO SAMPLE THE WELL ON
THEIR PROPERTY.
COMPLETE THE MONITORING. SAMPLING AND CHEMICAL TESTING OF THE SAMPLES WHERE
PERMISSION IS GRANTED, AND PROVIDE THE RESULTS 70 THE OWNER. THE MNR AND THE
MUNICIPALITY OF CLARINGTON.
CHEMICAL TESTING WILL INCLUDE CONDUCTIVITY. PH, SODIUM, CHLORIDE. TOTAL
PETROLEUM HYDROCARBONS (FULL RANGE. PLU5 61'EX).
2. WITHIN 12 MONTHS OF UCENCING THE OPERATOR WILL•
INSTALL MONITORING WELLS 1N AT LEAST THREE LOCATIONS ON THE PROPERTY. THE
LOCATIONS ARE TO BE DETERMINED BY A QUALIFIED HYDROGEOLOGICAL CONSULTANT
RELATIVE TO PROVIDING DATA UP AND DOWN GRADIENT OF THE EXCAVATION, AND WHERE
THE WELLS WILL REMAIN UNDISTURBED. LOCATION AND ELEVATION COORDINATES OF THE
WELLS WILL 8E OBTAINED BY SURVEY 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 WILL BE RETAINED BY THE OPERATOR ON SITE AND MADE
AVAILABLE TO MNR, THE MUNICIPALITY OF CIARiNGTON, NEARBY WELL OWNERS, GRCA,
AND ANY OTHER AGENCY UPON REQUEST.
5. ANY ADVERSE IMPACTS WILL BE REPORTED TO MNR. MOE AND THE MUNICIPALITY.
6. IN THE EVENT OF A COMPLAINT OF WATER SUPPLY DISRUPTION/IMPACT, THE MOE MUST
BE IMMEDIATLY NOTIFIED. IF, BASED ON A REVIEW BY A QUALIFIED HYDROGEOLOGIST OR
THE MOE, THE DISRUPTION/IMPACT IS FOUND TO BE A RESULT OF ACTIVITIES WITHIN THE
PIT, THE QUALITY ANp OUANITY OF WATER OF THE COMPLAINTANT'S WATER SUPPLY
MUST BE RESTORED AT THE PIT OPERATOR'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 LIMITED
3078 MAPLEGROVE ROAD
BOWMANVILLE. ONTARIO
LiC 3K~
LICENCE No.3202
PROGRESSIVE & 1=1NAL
REHA6ILITATION PLAN
PROJECT NO.O4-~ 872 DRWG. NOJU~I'~ v72 ~
DATE: MAY 2004. SCALE: AS NOTED
DRAWN: JJH/CJU CHECKED: APPROVED:
Skelton B ell
CONSULTING ENGINEERS & PLANNERS
93 BELL FARM ROAD. SUITE 107 BARRIE. ONTARIO L4M SG1
TELEPHONE (705) 726-1141 FAX. (705) 726-0331
0. PROGRESSIVE REHABILITATION
1. STAGING OF PROGRESSIVE AND FINAL REHABILITATION WILL FOLLOW THE DIRECTION AND
SEQUENCE OF MINING AS ILLUSTRATED ON DRAWING N0. 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 Bf CREATED BY CUT AND FILL. EXTRACTION AND BACKFILL. OR
EXTRACTION TO THE SLOPE DEPENDING ON THE DUALITY OF MATERIAL. REHABILITATION OPTIONS
AND BACKFILL REQUIREMENTS ARE ILLUSTRATED IN DETAIL 'A'.
4. GRADING THE PIT FLOOR WILL BE ACHIEVED BY USING ADOZER/GRADER ETC. TO PRODUCE A
MINIMUM GRADE OF 17G 70 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 70PSOIL AND SEEDING WITH AN APPROPRIATE SEED MIXTURE.
6, TOPSOIL MAY BE IMPORTED TO IMPROVE THE AGRICULTURAL CAPABILITY OF THE REHABILITATED
LANDS.
7. ALL REHABILITATED AREAS WILL BE SEEDED 70 CONTROL EROSION.
B. DRAINAGE
1. SURFACE RUNOFF FROM DISTUR8E0 AREAS OF THE SITE WILL FOLLOW THE FINAL CONTOURS AND
WILL DRAIN TOWARD THE LOW POINT OF THE PIT WHERE IT WILL INFILTRATE
C: FENdNG. BULDINGS. BERMS dt 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 ANO USED IN PROGRESSIVE
~' AND FlNAL REHABILITATION.
0. FINAL REHABILITATION
1. THE FINAL END USE WILL BE NATIVE GRASSLANDS OR AGRICULTURE.
2. THE PIT F1.00R WILL 8E PREPARED FOR AN AGRICULTURAL END USE. THE SEED BED PREPARATION
WILL UTILIZE. BUT NOT BE RESTRICTED T0, RIPPING. TILLING. FERTILIZING AND STONE PICKING. AS
REQUIRED. _
E. ORM PILOT RESEARCH PROJECT
DESCRIPTION
1. THE OAK RIDGES MORAINE (ORM) PILOT RESEARCH PROJECT IS ESTABLISHED AS A
PARTNERSHIP BETWEEN THE PIT LICENCES 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 70 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 REHABILITATION DIAGRAMS.
4. INQUIRIES REGARDING THE ORM RESEARCH PROJECT SHOULD BE DIRECTED TO MNR WILDLIFE
RESEARCH AND DEVELOPMENT SECTION.
COMMENCEMENT AND COMPLETION
1. THE PROJECT WILL COMMENCE AS THE SLOPES AND THE PIT FLOOR WITHIN THE PROJECT AREA
ARE ESTABLISHED,
2. FINAL REHABILITATION OF THE PROJECT AREA VNLL INCLUDE NATIVE GRASSLAND ANO SAVANNA
WHERE SUCCESSFUL. AREAS NOT REQUIRED FOR RESEARCH, OR UNSUCCESSFUL UPON
COMPLETION OF THE PROJECT WILL BE REHABILITATED IN ACCORDANCE WITH NOTES A.1 TO D.2.
RESPON5161L171ES
1. THE LICENCES WILL UNDERTAKE SLOPING AND GRADING INCLUDING MICRQTOPOGRAPNY CREATION,
AND HYDROSEEDING AND FERTILIZING WHERE DIRECTED. 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 6E AT THE LICENCEE'S COST EXCEPT THAT MNR WILL PAY ANY COSTS
WHICH EXCEED TRADITIONAL REHABILITATION COSTS (EG. SEED. TREES. ETC.)
3. MNR RESEARCHERS WILL SET UP THE EXPERIMENTAL DESIGN IN THE REID, GUIDE THE
OPERATOR IN THE SELECTION OF PLANT MATERIAL. MONITOR TRENDS IN PLANT SPECIES'
ESTABLISHMENT AND BIODIVERSITY OVER TIME. DO THE STATISTICAL ANALYSIS QF THE DATA
AND PREPARE SUMMARY REPORTS.
4. INQUIRIES REGARDING THE ORM RESEARCH PROJECT SHOULD BE DIRECTED TO MNR WILDI~E
RESEARCH AND DEVELOPMENT BRANCH. 1-705-755-1217.
RESTRICTION
I, WITHIN THE HYDRO ONE NETWORKS EASEMENT PLANTINGS WILL NOT EXCEED 3.5 METRES IN
HEIGHT AT MATURITY,
Attachment 7
To Report: PSD-087-06
i~.
~.
~,
_:
r
it
e.
SOURCE: KOVACS SITE PL11N DYYG 041072-2 OF 3 JULY 19, 2008
ICOVACS PIT EXPANSION
SKETCH TO ILLUSTRATE
SETBACKS FOR PROCESSING
FIGURE 1
1: 6, 000
P/N 1872 08/22/06
CONSULTING ENGINEERS de PLANNERS
a ~ nw ^oin . ~ +m ~~) ~~ ur ~n
mama (~ inn r~nc
~.
SUMMARY OF BY-LAWS
August 31, 2006
BY-LAWS
2006-165 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle and to repeal By-law 2006-163 (To correct by-law
originally adopted re: Report PSD-082-06)
2006-166 Being a by-law to Adopt Amendment No. 52 to the Clarington
Official Plan (Report PSD-087-06)
2006-167 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 (Report PSD-087-06)
2006-168 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 (Report PSD-087-06)
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"' August 31, 2006 at 10 a.m.
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
Subject: Application for a Category 3 Licence under the Aggregate Resources Act,
located Lots 1 & 2 Concession 9, Township of Darlington Region of Durham,
Municipality of Clarington.
We have been advised of the numerous proposed changes to the Site Plan addressing the
concerns of the residents located on Murphy Road.
Taken from Ministry of Natural Resources letter (August 14, 2006)
These include relocation of the entrance from Murphy Road to Regional Road 20,
exclusion of the woodlot from the area to be licenced, a ground water monitoring
program and the requirement for a detailed dust management plan. The final conclusion
of the Peer Review Report July 24, 2006 states:" Provided all the commitments made
during the course of this peer review are implemented on the site plans, and as part of the
pit operation activities, the peer review team is satisfied that the proposed expansion can
proceed without significant adverse effects on the hydrogeology, the natural heritage
features present on and adjacent to this site or the adjacent residences through additional
noise or dust generation." These changes have been made to the Site Plan for the
expanded pit and will come into effect upon MNR approval.
Taking the information of the above we do have some concerns:
1. Time lines- relocation of the entrance. Thank you for addressing this huge
concern stating that a new entrance to the pit from Regional Road #20 is to be
located east of Murphy Road opposite the entrance to the Keystone Sand &
Gravel Pit. I still have reservations involving the increase of trucks on Hwy #20
caused by the expansion. Taken from a letter dated July 20, 2006 from Kovacs
Sand and Gravel under Traffic Volume page 6 states "the traffic will continue to
utilize existing designates haul routes including Regional Rd. 20 and 57, and
Highway 35. Durham Transportation Master Plan designated Regional Roads 20
and 57 as Type "A" Arterial Roads that, along with Highway 35, are part of the
"Strategic Goods Transportation Network". The Traffic Impact Study concluded
that there will be no adverse impact on any of the intersections along the haul
route. This study has been reviewed by the Region of Durham Staff. The new
entrance most likely will provide better visibility of trucks turning in and out of
the pit, but again approximately 44 more trucks an hour can cause problems
which are unforeseen and have not been addressed since time will tell all. Is there
a contingency plan if problems arise?
2. Who will be responsible for the upkeep of the roads? Who is responsible for the
cost? How much will this affect our taxes? Through the development agreement,
has the upkeep of the roads been addressed?
3. How are you going to monitor the ground water monitoring program and the
detailed dust management plan?
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4. Impact over a period of time to the local habitat.
r" S. Thank you for the exclusion of the woodlot from the area to be licensed.
6. Since we have become involved with this process we have noticed how other pits
handle the esthetics using berms, landscaping in front of the entrances which
helps keep the impact on the residences to a minimal as far as the visual
stimulation is concerned. The two larger companies, Lafarge and Dufferin to the
east on Durham Road 20, have worked very hard in concealing their operations.
In my opinion 1559300 Ontario Limited (Ron Robinson) in the amount of time
they have been running the pit has not invested time nor money until we the
public gave our concerns to the appropriate channels.
~ 7. We will be interest in how the noise issue will be handled. Our house is 7'a' on
Murphy Road and we can hear a shaking noise most of the time so it begs the
question how loud is it for the residents closer to the pit?
~` 8. The letter received from Kovacs Sand and Gravel #1559300 Ontario Ltd dated
July 20, 2006 was very informative. Their intent appears to be genuine. The
expansion of the mineral aggregate operation is important to the growth of our
community. The issue at hand relates to the pit following all the criteria and we
would like to continue to follow the progress of the numerous proposed changes.
Thank you for allowing us to address these issues.
Kevin O'Neil
Anna Bragg (9810 Murphy Road, Bowmanville, Ontario. L1C 3K6)