HomeMy WebLinkAboutPD-54-93 `T~i CR°Tt®t~ OF T'~t `~1n1EV OF ~~ICS7'L.
DN: CBMFINAL.DRA
PUBLIC MEETING , ~ , ct , ~ ~ `
~.y
Fdie # ~
General Purpose and Administration Committee n c, r,
Meeting: Res. # .~:-~1 e. (
Monday, April 5, 1993
[date: i<3y-Law #
PD-54 -93 88-020/D, DEV 88-026
Report File
Subject: OFFICIAL PLAN AMEND31NTCONCESSIONDIO,RFORMERGTOWN5HIP80F2CLARKE
PART LOT 29, 30 & DEV 88026
FILE: OPA 88-020/D,
R~c~rnrr~er~at?or~:
It is respectfully rtteemreoeommendttohCouncilatheufollowing•
Administration Commi
1, THAT Report PD- 54 -93 be received;
lication submitted by Canada
2, THAT the Official Plan Amendment app re ate
Building Materials toeamenOdktRedges1Moraine"rto Aggfigia~helan
from "Mayor Open Spac royal to
Resource Extraction Area be recommended for app
Region of Durham;
a lication DEV 88-026 submitted by Canada Building
3, THAT rezoning pp,
Materials to permit an extractive industrial and a residential
use on a temporary basis be APPROVED;
law with the "Holding (H)'! symbol be passed
4, THAT the amending by-, roved
at such time as the Ministry oflicatio a88A020/Dsandsthat the
the Official Plan Amendment app licant
"Holding (H)a siteoplan agreementtwith themTown;the app
enters into
5, THAT a copy of this report1nndDeoartment;deandlon be forwarded to
the Region of Durham Plann g p
6, THAT the intereaVesedaof1Counciles decisionreport and any
delegation be a
1, pppLICATION DETAILS
1.1 Applicant• Canada Building Materials
• Canada Building Materials
1,2 owner:
From "Agricultural (A)" to "Extractive Industrial
1.3 Rezoning: re ate extraction
(M3)" to allow the proposed agg g
operation, and to "Extractive Industrial Exception
(M3-3)" to permit the continuation of an existing
residential use on a temporary basis with the use
ceasing when the extraction operation ccmC~ witY:i
10 metres of the land,supporting this use.
~ I
P~PF~ ° C AE~Y~~E
mss us ae~raEO as aECVC~o roves
PAGE 2,
REPORT NO.: PD-54 -93
1.4 OPA• from "Major Open Space - Oak Ridges Moraine" to
• "Aggregate Resources Extraction~Area"
1.5 Area: 82.7 hectares
2. LOCATION
2.1 The subject lands are located in Part of Lots 29, 30, and 31 in
Concession 10, former Township of Clarke. The lands are bounded
by Regional Road #20 to the north, Best Road to the east,
Concession Road 10 to the south, and Lot 32 to the west.
2.2 The lands slope to the southwest with a maximum elevation of 365
metres above sea level to a minimum of 335 metres above sea level
at the south west corner. According to the Canada Land Inventory
map which describes soil capability, the subject lands have a
Class 6 capability. Class 6 soils have limited intensive
agricultural capability, yet they are considered suitable for
perennial forage crops such as tree plantations.
3 BACKGROUND
3.1 On March 10, 1988, the Town of Newcastle received an application
to amend the zoning by-law to permit an aggregate extraction
operation on the subject lands. The original application
proposed excavation ,below the water table. Proposed
rehabilitation of this site included the creation of a pond
surrounded by ten estate homes. The application has since been
revised, proposing excavation to a depth of 1 metre above the
highest elevation of the groundwater table. Rehabilitation
proposes to re-naturalize the site by encouraging growth of
native vegetation.
3.2 On March 28, 1988 the Town received notification from the Region
of Durham that an application to amend the Durham Region Official
Plan had been submitted for the above noted lands. The amendment
appl.ic:cil.ivii N~~N~~cd rada~i-g.~±-_r7 +-rA i to "Aggregate
Resource Extraction Area".
`J
PAGE 3,
REPORT NO.• PD-54 -93
q, EXISTING AND SURROUNDING USES
4.1 Existing Uses: ortion of
An existing tree plantation is located in the Brat on is located
Lot 30. The remnants of a small extraction op
in the north portion of the site and has been abandoned for some
time now. There are two residential dwellingsadacBuildingthe
subject site. Both dwellings are owned eesCanI.,astly, a few
Materials and are rented by their employ
scattered small woodlots can be found on site with the remainder
of the lands being vacant.
4.2 Surrounding Uses:
Existing Aggregate Operation
East -
Existing Aggregate Operation
West -
South - forested land and a seasonal residential dwelling
North - Existing Aggregate operation
ro ert on three sides.
4.3 Active aggregate operations abut the p P Y
The site is located within an area recognizehamoRegionalgOfficial
potential for aggregate resources in the Dur
Plan. (Attachment # 2)
est seasonal residence is located to the south of the
The clos ermanent
200 metres away. The closest p
site, approximately
residence, excluding the two dwellings located on site, is about
350-400 metres north west of the site.
non-extractive properties which are located
There are three (3) resently vacant. ThesE
in close proximity to the site which are P osed extraction
south of the prop
properties are located directly ro erties has a barn on
site. Records show that one of thesroperties are existing lots
site. Staff would note that these p P
of record, and a building permit could be issued on each of thes
rotected from
properties. Two of these lots would be visually tosed
~,.i-; ~r; t-v within the extraction area by the prop
stockpiling of top soil and overburden. The otnea and an option
much larger and possesses frontage along Best Roa
REPORT NO.: PD- ~,d -93 PAGE 4
exists to site a residential use some distance from the aggregate
activity. Mosport Park is located approximately 400 metres
southwest of the subject lands. Motor vehicle racing events are
held here during the spring, summer and fall months. This site
is also used for driving schools, car testing, commercial filming
and other track rental activities.
5 OFFICIAL PLAN POLICIES
5.1 Within the 1976 Durham Region Official Plan, the subject lands
are designated "Oak Ridges Moraine" within the "Major Open Space"
designation. The predominant use of lands so designated shall be
for conservation, recreation, reforestation, agriculture and
farm-related uses. However, Schedule E of this Plan, depicts the
subject lands as being within an area possessing a high potential
of mineral aggregate resources.
5.2 Goals and Policies for an "Area of High Potential of Mineral
Aggregate Resources" are set out in various sections of the
Official Plan and can be summarized as follows.
• Provide the opportunity for aggregate extraction to meet
local and regional needs, and to contribute to provincial
needs, while simultaneously protecting those significant
features of the natural environment and minimizing impacts
on residents.
• To achieve a balance between the need to extract aggregate
resources and the need to protect the environment from the
adverse impacts of aggregate extraction activities.
.These policies attempt to balance the protection of areas having
high potential for aggregate extraction while protecting
significant parts of the regional landscape from destruction by
aggregate resource extraction activities.
aJ~~4~~
PAGE 5,
REPORT NO.' PD- -93
5.3 A number of sections within the Official Plan addresshte e
requirements for an amendment to the plan to permit t
establishment of an aggregate .extraction operation..
licant to
Section 4.3.4 of the Official Plan requires the app
demonstrate how to minimize or mitigate the variousan phass which
may occur from the proposed extraction. The appllc
provided through their consultants 1991 Planning Report
information as to the impacts this proposal may have on adjacent
transportation systems,
land uses and residents, the environment,
atterns. Through this report
water table and surface drainage p re ate material, the
information regarding need for additional agg g
nature of the rehabilitation work and the manner in which thlans
operation will be carried out was also providemd~loThregarding the
submitted for review offered additional Info the applicant
operation procedure and rehabilitation. As sucthis section to
has provided all the information as required by
the satisfaction of Regional Planning Staff.
5.4 Section 4.3.5 states that all applications for amendment to the
Plan to permit an aggregate operation must be accompanied by the
description of
following information: description of the lands;
all structures and surrounding land uses within 50e atetmaterial
ualit and quantity of agg g
aggregate boundaries; q Y
on site; location, height and dimensions of alessxandlegress;
location of proposed ingr
proposed structures; location of
drainage provisions; pit development including
tree screening and berming, and final rehabilitation;
stockpiles, any additional
existing and final grading plan; and lastly,
wildlife, vegetation, or soil
information such as hydrology,
studies. Much of this information is available re uirementspofn,
and the Region of Durham are satisfied thatotent. q
this section has been fulfilled by the prop
~ ~-
.l !J
PAGE 6,
REPORT NO.• PD- -93
5.5 Lastly, Section 12.2.9. of this Official Plan states that:
"Regional Council shall endeavour to preserve the rural
character, natural resources and environmental features of
the Oak Ridges Moraine...
lication, has provided information to
CBM, in support of its app
ro osal will not have a
the effect that the developmironmentalsfeat res of the Moraine,
negative impact upon the env eo ardy.
and will not place the surrounding natural elements in j p
lan indicates that excepting grades,
Further, the rehabilitation p
the lands will be returned to their natural state hence
maintaining their rural character.
6. 1991 OFFICIAL PLAN ect lands are
6.1 According to the 1991 Official Plan the subj The
designated "Major Open Space - Oak Ridges Moraine
predominant use of lands within this designtrm related uses.
agriculture and f
conservation, recreation, ermitted except by amendment to the
Aggregate extraction is not p ect land is
Official Plan. It should be noted that the subj „ er Map C
located within the "High Potential Aggregate Area as p
of this Plan.
uires the following to be
6,2 Section 19.3.8 of this plan req
ermit an aggregate
submitted when considering an amendment to p
an assessment of
extraction operation; hydrogeological study,
environmental impacts and-dust, truck traffic and haulage routes,
pit progression and
demonstration of need, effects on residents,
'ties rehabilitation, costs to the Region or Municipality,
active
visual impacts, and an assessment of heritage resources. With
the exception of costs to the Region or Municipality, visual
the information requirements wer
impacts and heritage resources, eological
a Hydrog
provided within a number of studies including1990, 1991, 1992),
Assessment (1990), Aercoustics Noise Report ( and to CBM
3a~_ p~}~A~ Moraine Implementation Guidelines with Reg
1990 , Trar=ic: 1iir~,a~~ ~,c~,ccc t
(1991), Class A Licence Report ( )
and Consultants Planning Report (1991).
(1991) ,
4~
PAGE 7,
REPORT NO.' PD-54 -93
'on was not made with respect to visual
Although specific mend reed to provide a
it is noted that the applicant has ag
impacts, the entire Regional Road #
minimum of a 3.5 metre high berm along
e• Best Road frontage and Concession Road 10 frontage.
20 frontag ,
'n would not be required in areas where an existing
This berms g resent. This vegetative
30 metre depth) is p
vegetative screen
exists along a small section of Concessieastern most
screening ro erty, and along the
near the west side of the p p
ro erty abutting Concession Road #10 and extending
part of the p P lan proposes to
northward along Best Road. The rehabilitation p the
~ final state. By doing so,
return the site tOaracterris reinstated.
original visual ch
the applicant noted that the two
Regarding heritage resources,
e value, that there are no
dwelling units possess no heritag
and the lands are
resent on the site,.
creeks or river valleys p it has been determined by the
otherwise vacant, as such,
t that there are limited heritage resources on site.
applican
ality or Region,
laced on the Municip
With respect to those costs p
lected by the Ministry of Natural Resources through
levies are col ality and Region.
the Aggregate Act, and allocated to the Municip ro onent ha:
he Region of Durham have advised the Town Plan.the p p
T the Official
satisfied all requirements of
' ial Plan also requires that where a development
6,3 The Offic acts, Regional
application may have major environmental imp
ualified environmental
Council shall select and retain a q act study. The Region
consultant to prepare an environmental imp will not be
has stated that this section (Section 2.3.14)
applicable.,
is of this Plan have been addressed by thbeer
g,4 All the requiremen orts which have
throucih the various technical rep is discusses
submitted. A detailed discussion of ttlcion of~Durham Planning
Lastly, the Reg
later in this document.
PAGE 8.
REPORT NO.: PD- 54-93
e artment have confirmed that the Official P1aOfficialePlan.
D p
application meets the requirements of the 199
uent to Regional Council's approval of the Durham Region
6.5 5ubseq Materials on November 11, .1992
Official Plan, Canada Building
re uested the Minister of Municipal Affairs to defer the
q
ation of the subject lands on Schedule A-5 andreeuestais
design If the deferral q
Section 2.3.14 and Section 19.3.8.
denied, they asked that these sections and tht~on 2a3114ballows
referred to the Ontario Municipal Board. Sec
the Region to hire an environmental consultant to prepare an
ense of the applicant..
environmental impact study at the exp
Section 19.3.8 requires the submission of information when an
see Section
ermit aggregate extraction
application is made to p arding Section 19.3.8 of
6.2 of this report for more details reg
fficial Plan). The Region believes that Section 2.3.14 does
the O have advised Staff that
not apply to this application and they
re uirements of Section 19.3.8 have been fulfMuniaipaltBoard
the q ,
applicant. As a result, referral to the Ontario
may not be necessary.
ZONING BY-LAW PROVISIONS B law
Schedule 2 of the Town of Newcastle Comprehenas eAgr1cugtural
7.1 ect lands
84-63, as amended, depicts the subj riculture anc
Lands so zoned shall be used primarily for ag
ermit the establishment o
(A)'m-related uses. In order to p
far an amendment to the Zoning BY-
aggregate extraction activities,
law must be approved.
rehensive Zoning By-law,
-7,2 According to the Town of Newcastle Comp ermitted in the
84-63 as amended, the following uses are p
"Extractive Industrial (M3)" zone:
_ a processing plant - aggregate
~~rate stockpiling
- outside storage of aggregate materials
_ a pit, sand and. gravel
PAGE 9,
REPORT NO.• PD- -93
a quarry
- conservation and forestry
- farm Tans that the
It has been indicated on the subm racy plan pat first to wash,
proponent wishes to locate a temp Eventually a permanent
crush, screen, and blend the aggregate.
lint will be established at a lower elevat d thelwash
processing P an
the pit site. Stockpiles will be created on .site,
ill be cleansed through a series of on-sit andlrefuelling
water w
ponds. There will also be a secure fuel star g dental fuel
area which will be designed tO efuelling area is a use which is
The fuel storage and r
spills.
or to the permitted use and as such willobt Specifications
access Y Act sets
establish on site. The Fuel Handling roviding
when storing fuel and when p
which must be abided by ermitted
refuelling facilities. These are all uses which are p
within the M3 zone.
o residential structures are located on the site. The
~,3 Tw iven to preserving the
applicant requested that consideration be g
terl house and convert it for use as a nsaSter Y house
north wes Y
The applicant has stated that the reXideensedf anhinterest in the
is an employee. The applicant has e p The
ement, even during extraction.
continuation of this arrang assing and
intent is to have the residence remain tlawedoestnot permit
vandalism. The comprehensive zoning by
residential uses within the "M3" zone.
the lands supporting the residential dwellin
It is possible that
be zoned on a temporary basis under section 39 of the
could ears with subsequent
Planning Act for a period of three (3) Y The use will
Attachment #4)•
review every 3 years thereafter
e when extraction operations encroach within 10 metres <
.terminat This section of the
the lands supporting this residential use. law allowing the
Ac:t authorizes Council to pass a by-
r1an=~i~J-- = fnr anv purpose
use of land, buildings or sLru~`"~urc~
temporary
which would otherwise be prohibited.
J ~1 C
PAGE 10
REPORT NO.: PD- -93
g_ APPLICATION FOR A SITE PLAN AGamEReNTon Official Plan states
g.1 Section 4.3.7 of the 1976 Durh g
that: ective area
~~Prior to rezoning, the Council of the respeement with the
enter into a site plan ag
municipality may roducer and register such
applicant and/or aggregate p lies."
agreement against the land to which it app
will enter into a site plan
The applicant has agreed that they lan agreement
agreement with the Town of Newcastle. The sitestructures that
can dictate the location and elevaiocation and extent of fences,
are put on site, and indicate the
berms and landscaping.
uest that the plans be
royal, Staff req
g,2 Prior to Site Plan App the entire
revised to reflect the location and longathose stretches of Best
frontage of Regional Road # 20?
e the existing vegetation buffer does not have nand th
Road wher ro erty,
of 30 metres, around the Best Road residen10awri re a 30 m
along those portions of Concession Road # fling of tOp
vegetative buffer does not exist or where the stockp
soil and overburden will not be in place
g PUBLIC MEETING AND SUBMISSION 1982 and the
pursuant to Council's Resolution of July o6riate signage
9.1 Act the appr p
requirements of the Planning ect lands
owledging the application was installed on the subj
ackn
'tion the appropriate notice was mailed to each landowner
In adds ~
within the prescribed distance.
a public meeting was held to discuss the
9.2 On June 6, 1988,
lan amendment applications and t ree
rezoning and official p
is s oke before Committee. Their concernslevelsaeanda e'
residen p e routes, noise
of motorists driving along haulag
adequate visual screening. p
PAGE 11,
REPORT tin.: ~4- ~a -93
re are an update
Staff were directed top P
g,3 At the Council Meeting, in the area including
of the current aggregate activity sterilization
financial impacts,
traffic counts,
extraction data, p, report was forwarded to
of land use, routing and restrictions. the current
on January 16, 1989 describing
Council (PD-8-89) sterilization
haul routes and trip generation,
extraction data, erations. This
of land, and financial impacts of extraction op
ort was forwarded to Council for their information and no
rep
further direction was given to Staff.
was to be arranged for the residents.
g,4 Additionally, a meeting resentative at
The following agencies were asked to have a rep the
of the Environment,
this meeting. They were the Ministry
the Ministry of Natural Resources,
Ministry of Transportation,
Regional Works, and Town Staff.
.m, on July 20, 1988, Staff of the Town of Newcastle
At 7:00 p in Courtroom #1
Planning Department held an informatonal Worksg and the Ministry
in the Bowmanville Courthouse. Regl
resentatives. Canada
of Natural Resources each provided two rep licants
Materials had two representatives and the aPp
Building resent. Representative
consultant also had two representatives p of the
of Transportation and the Ministry
from the Ministry
Environment did not attend the meeting.
Materials stated
Mr. Ronan, Vice President of Canada Building roximately
it would yield app
that at full operation the p ectancy of 20
2,000,000 tonnes per year with a operation exp
years.
arded noise,
the residents reg
Many of the concerns expressed by haulage routes, and
impact on neighbouring potable wells,
dust, licant has addressed these
increased truck traffic. The app
their various technical reports which is discussed
later in this report.
I.
PAGE 12,
REPORT NO.• PD- -93
ublic
Act with respect to p
9.5 The requirements of the Planning
notification for this application has been met. Staff have
rescribed
additionally provided all landowners within the p for the
distance with notification of this public meeting
' n in the application dealing with the easterly residential
revisio
use.
10. AGENCY COMMENTS rocedures, the application was
10.1 In accordance with departmental p
artments and
circulated to obtain comments from other dep roviding
departments/agencies in p
agencies. The following lication as filed•
comments, offered no objection to the app •
Services Department
Town of Newcastle Community
Town of Newcastle Fire Department
Durham Region Health Unit
ion Planning Department
Durham Reg
Ganaraska Region Conservation Authority
Township of Manvers
County of Victoria
Ministry of Agriculture and Food
Ministry of Transportation
Ministry of the Environment
ection to these
10.2 Durham Region Works Department had no obj
tions. However they did request that improvements be madE
applica
to Regional Road 20 to facilitate the ttathecloc tion of the
this operation, and tha
necessitated by
These conditions are site
entrance be to their satisfaction. ro onent entering int
specific and can be resolved prior to the p p
reement. In fact, the applicant has entered into
a site plan ag the lands to be
ion describing
separate agreement with the Reg ur oses of the road widening ai
dedicated to the Region for the p p
ion will not object to a
~cc,,,.~ctr,~r_tion, and that the Reg ~ ~ 5 metres
reduction of the excavation setback from 30--~tttc~~'=
along Regional Road #20.
J 6 L
PAGE 13
REPORT NO.' PD- -93
0.3 The Town of Newcastle Public Works Department had no objection to
1
this application. However they requested that a number °Best
conditions be met. A 0.3 metre reserve is requiredted free and
Road and Concession Road #10 a~dat32to X112b0 metre sight
clear of all encumbrances, th
triangle at the intersection of Best and Concesvided atdthe0 be
dedicated to the Town, that illumination be pro
that the development
access to the site on Regional Road #2licant include provisions
agreement between the Town and the app ur oses,
restricting use of the Town's Road system for trucking p p
and that the Director of Public Works be satisfied financially or
otherwise.
These conditions will be incorporated into the site plan
agreement.
rovided the applicant with a
10.4 The Ministry of Natural Resources p note that an
summary as to the on-site forest reserves. They ortion
lantation covers a p
existing Scots Pine Christmas tree p
of the land. These trees are of poor health and will only
deteriorate with age. There is a 2 hectare area where raspberry,
In summary the on-
cherry and maple are naturally regenerating.
site forest reserves are limited.
Further, the Ministry of Natural Resources has no objection to
the application and has informed the Town that compliance to the
expression of provincial interest in the Oak Ridges Moraine has
been achieved. In order for this compliance to be obtained, the
Ministry of the Environment and the Ganaraska Region ~heservatior
Authority must be satisfied with the application and
information provided within the supporting reports. These
agencies have been satisfied.
11. GOVERNMENT LEGI5LATION~ POLICIES AND GUIDELINES
i1.1 Agg~'$q~p sources Act a„3d
This act provides the regulations for both the ii~~ll~i~q
rehabilitation of aggregate extraction operations. Prior to
~~I;'~
PAGE 14,
REPORT NO.• PD- -93
ce of a licence the Minister of Natural Resourcc~ onsthewe
issuan the effe
consideration to a numberuckslandshaulagesroutes, social effects
environment, effect of tr
effects on ground and surface water etc.
on nearby communities,
roved by the Ministry, a licensee must
Once a site plan is app
eration must be in
follow the plans and the extractioulations and license
accordance with all applicable reg
conditions.
11.2 Mineral Aggregate Resource Policy Statement MARPS is a
The Mineral Aggregate Resource Policy Statement ( )
provincial Policy Statement which recognizes heat houldabe made
aggregates are a non-renewable resource and t Y
available to all Ontario Consumers at a reasonable price.
er MARPS states that municipalities must do wharelatestand
Furth
their power to meet future provincial demand for agg g
to encourage extraction as an interim use.
This specific site is located within the Greadtthe sitetot elf, is
est consumers of aggregate an
one of the larg s, proximity to
accessible by major roads and provincial highway
or roads minimizes the cost of the aggregate, be it
market and maj
monetary, social or environmental costs.
3 Oak Ridges Moraine (ORM) Implementation Guidelines
11. overnment expressed interest in
In July, 1990, the provincial g In July, 1991
land use planning and development within the ORM.
the issuance of
the province's interest was further defined by 1 to al
These Guidelines app Y
the ORM Implementation Guidelines.
development applications. The Guidelines set
new and existing development
out the requirements which must be meri tural resources informatic
applications which include mappings hydrogeological studies,
(wildlife habitat, vegetation etc.)
fisheries resources, etc.
5u~f~.ee-_w~Pr management,
PAGE 15,
REPORT NO.: PD-54 -93
e a licant has fulfilled all requirements of thMinistrylofs
Th pp these guidelines
and the ministries implementing
ural Resources, Ministry of the Environment andformat on of
Nat
Municipal Affairs) have been satisfied with the in
provided to them.
TECHNICAL REPORTS AND SUPPORTING DOCUMENTATION
12.
12.1,1 Traffic Report Harrington and
A "Truck Traffic Report" was prepared by
Hoyle Ltd. Landscape Architects in October ck8traffics
report determined the averagert also briefly discussed Haul
generated per day. This repo
Routes. The access to the site is from Regiotainsolocal .
The Region maintains this road, the Town main
ort states that only local deliveries will
roads. This rep
use a direct route, all other deliveries will u ated withinl5
Highway as the main haulage route•M~sttotalshaulage will be
the report that less than 5% of CB
local deliveries.
Jul 1991) by Grant A. Bacchus
12.1,2 A Traffic Impact Assessment ( y lements the
This report supp
Limited was submitted to staff• aring this report,
1988 Truck Traffic Report. In prep
there would be a
certain assumptions were made. Firstly,
maximum 2,000,000 tonne annual extraction limit and thin
operation life of the pit is assumed to be 40 years.
it was assumed that 1998 would represent 5 years
addition, ear o
re ate extraction, and 2003 would be the tenth y
°f agg g ear that a maximum
operation. It is in this tenth y This
2,000,000 tonnes of aggregate would be extracted.
ort assumes that after 2003, the amount of truck traffic
rep
enerated by this aggregate operation will remain constan .
g
PAGE 16.
REPORT NO.: PD-~a -93
TABLE 1
Expected Truck Traffic to be Generated
of Two- Average No. of
Average No. of Two- Average No. two-way trips
way trips 'way trips during a eak
Peak Season (May to during p
October) hour
18
I - 240
1998 160 686 51.5
2003 457 I ___-•
' eak truck traffic hours occur in the morning as this
The p
would allow trucks to return from their destination before
the site closes for the day.
This Report assumed that "normally scheduled roadway
increase in other
improvements" will accommodate any
traffic. From this statement it was theorized that that was
impact of site traffic will remain constant. d to he
concluded that when the truck traffic is adde
truck traffic from this
estimated future background traffic,
site is expected to "have only a marginal effect on boundary
road intersection levels of service and operating
conditions."
ort also states that it is expected that Highway No.
The rep
35 and Regional Road 20 intersection "will fo tb th the
operate at an acceptable level of service
term traffic projections. All in all,
short term and long ro osal wil:
the traffic consultant does not feelhtSetreports have been
act on existing roads. T
have an imp b both the
reviewed and have been found to bPublicsWorksrDepartment.
Region and the Town of Newcastle
The Ministry of Natural Resources have also accepted these
reports.
:_i I
PAGE 17,
REPORT NO.• PD- -93
12.2 Noise Report
sneering Limited prepared a noise report
12.2.1 Aercoustics Eng' re ate
entitled "The Potential Impact of Noise From Agg g
At The Proposed Mosport Pit",
Extraction and Processing a second noise
dated September 6, 1990. In February 1991,
report entitled "The Potential Impact of a°P~o osed Mosport
Aggregate Extraction and Processing at trovides more detail
Pit" was submitted. This second report p
information than the original report. Like the first
re ort, this study examined the noise impact for an ultimate
P
rate of 2,000,000 tonnes per year and a maximum daily
production rate of 10,000 tonnes in 12 hours. It is
eration will operate
expected that the extraction op Loading the
weekdays, 24 hours per day.
continuously
occur between 6:30 am and
aggregate for market will likely
7:00 pm. This information has been taken into consideration
within the context of the noise report.
rehabilitation of
When the site is being prepared or during
12.2.2 since the
the site, there will be little acoustic shielding as such,
machinery will be working at or near the surface,
re aration or rehabilitation occurring within 200
any site p p
metres of the northwest or northeast corner of the sins the
lace during daytime (7:OOam to 7:OOpm),
should take p
nearby residents are less sensitive to outdoor noise during
this time period.
The report makes a number of recommendations to theuMeri str'
12.2.3
the processing of the aggregate does not excee
of the Environment noise guidelines.
1, The equipment used in the extraction and processing
shall not have greater noise emission levels than that
noted in Appendix B of the noise report.
J -~
PAGE 18_
REPORT NO.: PD- -93
e bulldozer used for extraction shall be restrictadl
2 , Th m f or
to operating during the hours 6:OOam to 8.OOp
phases.
Area 1, from 7:OOpm to
3, During extraction Phase A,
6.OOam, operating equipment shall be restricted to one
loader.
Area 2, from 7:OOpm to
4, During. extraction Phase A,
6:OOam operating equipment shall be restricted to and 2
crushing plant, screen/wash plant, 2 pit loaders,
pit trucks. lans in
5, The operation be consistent with the site p
terms of: basing of extraction
p,) Sequence, direction, and p
g) Location and height of berms
C) maximum permissible equipment noise emission
levels
D) Restriction on the types and numbers of
equipment operating.
they will be
In order to enforce these recommendations,
incorporated as conditions within the Site Plan Agreement.
In April 1992 an amendment to the 1991 noise report was
12.2.4
submitted. The information contained wlisenonhthedseasonal
with the impact of no
dealt specifically
ect site. As this is a
dwelling located south of the subj be occupied when the
seasonal dwelling and will unlikely
ate pit will be in operation, the basic noise control
aggreg rotection. However,
measures will not provide full noise p
if the cottage does become occupied during weekdays on a
regular or frequent basis, then additional noise controls
orate "equipment
are recommended. These controls for source treatment of
local shielding and/
restrictions, basing o
pro~.es,sina equipment, berming, and direction and p
extraction".
PAGE 19,
REPORT NO.: PD- 54 -93
These reports have been reviewed and found to bandcTownable
12.2.5 Regional
by the Ministry of Natural Resources,
Staff .
12,3 Hydrog~eologic Assessment
3.1 A preliminary hydrogeologic assessment dated December 20,
12.
198$ ~,,~as prepared by Gartner Lee Limited This stu y was
u dated in March 1990, reflecting the revised application.
P
This report concluded that:
re ate activities, if extracted above the
1) the proposed agg g nificant
seasonally high water table, would not result in sig
net impacts on the quantity of ground water available in
vicinity wells.
the quality of the groundwater located beneathotse rovided
2) re ate operate P
would not be affected by the agg g
that reasonable precautions are taken when handlinglcation
If this app
potential contaminants such as fuels. orated within
is approved, these precautions will be incorp
the site plan.
This report recommended that water levels °f ed on a wells
12.3'2 wells be monitor
and in selected neighbouring ear of operation. This
quarterly basis during the first y
monitoring would establish seasonal trendtlon depthsterAftez
table depth, thus confirming final excava
the frequency of
the first year of operation is reviewed,
monitoring may be reduced in the following years.
the report suggested that
ect to water quality,
12.3,3 With reap
roundwater samples be taken from selectedtoe~ne on the
g rior
property and/or in the site vicinity P rovide tY
~onnPment of operations". These samples will p
basic water chemistry data, thus estapii5iing ba~kgr.ound
-~
PAGE 2 0,
REPORT NO.: PD- ~4. -93
rior to initiation of the aggregate
water quality p
erations. This information could be used as reference or
op
any future water quality claims.
Re ort recommended that if CBM uses in excea~eTf issued
12.3.4 The p
litres of water a day, that a "Permit to Take uired and
of the Environment, would be req
by the Ministry unction with
that hydrogeologic studies be conducted in conj
to determine if
the permit application. This would help
acted as a result of
vicinity wells would be adversely imp basis.
CBM drawing that amount of water on a daily
eview of this report Staff raised several concerns
12.3,5 Upon r
with the applicant as follows:
The report determines that an overall increase in
a) ture and infiltration
recharge will result from the cap Staff were concerned
of precipitation within the pit• act not
that this increase would have a subsbut onlthe level of
only on the streams and headwaters,
the roundwater table. Gartner Lee Ltd. was satisfied
g
that "there will be no loss of water reSOaseeflow to a
rout , water b
water wells and no loss of g Gartner Lee Ltd.
stream headwaters inltof thelwat r table beneath the
admits that the leve
it area will rise, but due to the "coarse texture of
p uickly
the aquifer, the water level rise would be q ect to
dissipated, to the point where we would not exp
detect it beyond the site boundaries".
Staff were concerned that if the level of the pit is
b) that
only 1 metre from the groundwater table,
occur directly from the water table
evaporation may
hence resulting in a decrease in the level afsnowmelt
table. Gartner Lee Ltd. states that,after,-: coming
or heavy rain, minor evaporatiull r„il~ ~-
water.
from localized standing ff
~ t~~
PAGE 21.
REPORT NO.• PD-54 -93
staff question the final excavation elevation
c) Lastly, es in the
that it should be adjusted to reflect Chang
level of the water table. Gartner Lee Ltd. stated
ed and that only a small
that the pit floor will be slop
portion of the floor will be 1 mesrco f
1 m that
groundwater. Gartner Lee Ltd do
"operations may on rare occasions be made somewhat
in the base of the pit after
difficult by ponding
heavy rains. These occasions of
spring melt or during
ose a short-term
exceptionally high water table may p drogeological
operational problem but will not cause hY Gartner
uality or resources."
impacts on ground water q "the
Lee states that to alleviate this problem,
data will be used to refine the high water
monitoring
table and, if necessary, adjust the base elevation of
the pit accordingly."
e Tonal Staff and the Ministry of Natural Resources have
12.3.6 R g
reviewed these documents and are satisined flgro ndwater
findings. Town Staff ask that monitor ears after all
quality and quantity to continue for 2 Y
leted. This is to ensure that
rehabilitation works are comp acted upon after all works
the groundwater will not be imp uality or quantity is
are complete. If the groundwater q
ected, appropriate mitigation measures shall be taken to
aff rovision
negate all or any impacts. A well monitoring p
monitoring of nearby wells before extraction,
requiring
rin extraction and after rehabilitation wilco eonent of
du g reement. A P
as a condition in the Site Plan Ag licant provide securitie
this condition will be that the app These
to the Town (amount to be fixed at a later dati.ncur if
securities will cover any costs the Town may
hbouring wells are adversely impacted upon as a result
neig
c~ +rA extraction activities.
Jai
PAGE 22
REPORT NO.: PD-54 -93
13. PROPOSED OPERATION AND SITE SPECIFICATIONS
13.1 Site Preparation
During Phase 1, (Attachment #5) the site will be fenced along the
license boundary, a scale house and the ingress/egress will be
established. The visual screens and berms will be put into place
when required. Prior to extraction of each phase, the topsoil
and overburden will be removed and stockpiled, and berms
constructed.
Phase 1 will be the first area to be extracted. n5the elevation n
and extraction will proceed simultaneously. Whe
roximately 325 metres above
near the centre of Area 1 reaches app
sea level, a temporary crusher and screen/wash plant will be
extraction of the other areas, the aggregate
installed. During
will be processed by a plant located near the centre of the pit.
13.2 Proposed Operations
A maximum of 2 million tonnes may be extracted from the site
annually. Extraction will occur to a maximum depth of 45 metres
below existing contours. Extraction activity will begin in the
south west corner of the subject lands with extraction proceeding
easterly. The north west portion of the land will be the last
section to be extracted.
A temporary processing plant will be established at the west end
The permanent processing plant will be located
of the property.
north of the central area of the subject laedde ictedeatcthis
location of the processing plants can not b p
time as the locations are dependent upon a number of variables.
rocessing site may be used occasionally to augment
The temporary p
ermanent processing plant. It is noted
the operation of the p
that stockpiles of material will be placed in Land refuelling the
-,rn~essina Plant. Also, a secure fuel storage
area will be established in the plant site ana will b~ ~c='
J C.
REPORT NO.: PD-Fa -93 PAGE 23,
to contain an accidental fuel spill. The applicant will be
required to keep the dust levels down. The Ministry of the
Environment monitors dust and noise emissions, while the Fuel
Handling Act regulates fuel storage and refuelling.
13.3 Site Access
Due to concern regarding the increasing number of trucks
travelling west on Regional Road #20, Staff requested .that as
part of this application, CBM design an entrance/exit whereby the
majority of truck traffic has no alternative but to travel east
along Regional Road #20 to Highway #35 (Attachment #3). By
placing a triangular island directing outgoing traffic easterly
and a 1.5 metre centre median with a gate and stop bar
controlling westbound egress, Staff have been satisfied that
westerly truck traffic will be significantly reduced.
13.4 Rehabilitation of Site
The rehabilitation plan states that 75.1 hectares of the site
will be rehabilitated. The 30 m setback between the "Limit of
Extraction" and the "Boundary of the Licensed Area" will not be
rehabilitated as these lands will not be excavated.
The slopes of the excavation area will have a maximum slope of
3:1 and will be returned to a state suitable for wildlife
habitat. The plan states that the lands will be fertilized and
seeded with the following: annual rye, buckwheat, alfalfa, white
clover, perennial rye grass, tall fescue, creeping red fescue,
phlox, russel lupines, and Iceland poppy. In order to attract
wildlife and provide habitat, some reforestation of the slopes
(coniferous and deciduous trees) will occur. Also, brush and
rock piles will be scattered throughout to further attract
wildlife.
r~"~~~' i:~~l~-~+llltati~.., trc bccs cf }he~~-p-~.t :,i' 1 ~.,,it~o fnr
agricultural use. The grades will be a minimum of 1% with all
drainage internal to four infiltration areas where water will
~L
REPORT NO.: PD-54 -93 PAGE 24
seep down to the groundwater. table. The pit floor will be
fertilized and seeded with annual rye, buckwheat, alfalfa, crown
vetch, white clover and tall fescue every year for the first
three years.
Lastly, the rehabilitation plan shows 3 structures to remain.
These are the existing homes and accessory structures.
14. NEED ISSUE
14.1 When evaluating an application to extract aggregate,
determination of whether or not the aggregate material is needed
and whether demand exists for this resource must be resolved.
The "Mineral Aggregate Resource Policy Statement (MARPs)"
addresses the question of determining need by stating that:
All land use planning and resource management agencies
within the province have regard for the implications of
their actions on the availability of mineral aggregate
resources to meet future local, regional and provincial
needs.
This policy requires that municipalities must ensure that their
actions do not jeopardize the provision of aggregate material be
it locally, regionally, or provincially. Hence applicants
proposing aggregate extraction must substantiate to the Ministry
of Natural Resources that need exists. Review of need must go
beyond the individual's or company's specific need for aggregate
and must be investigated on a provincial, local., and regional
basis.
14.2 Although it is the policy of the Province of Ontario that the
question of need must be addressed, it is difficult to do so as
the aggregate market is dependent upon many varying factors,
including economic climate. For instance, demand for aggregate
is closely tied to the construction industry and during a slump
in the economy, the construction industry typically slows down.
This results in a lessening of demand for aggregate raw material
REPORT NO.: PD- 54 -93 PAGE 25
and its by-products, driving the market price of aggregate down.
Adversely, when the economy is growing, the need for aggregate is
greater as the construction industry tries to keep up with demand
for new housing and infrastructure expansion.
Another factor in demand for aggregate is population growth. An
increase in population will result in a greater demand for
housing, roads and other infrastructure requirements, and this
will have an impact upon the amount of aggregate produced.
14.3 The table below depicts the amount of aggregate production in
Ontario as a whole. The portion produced. within the Greater
Toronto Area (GTA) is also shown. In 1988, production within the
GTA was 18% of the total produced, yet in 1991 this percentage
dropped to just 13% of total Ontario production.
TABLE 2
MINERAL AGGREGATE PRODUCTION IN ONTARIO (TOTAL)
INCLUDES BEDROCK AND SAND AND GRAVEL RESOURCES
YEAR ONTARIO LESS GTA GTA PRODUCTION
MILLION TONNES
1986 165 39
1987 185 42
1988 197 38
1989 197 35
1990 161 27
1991 133 17
Source:ORM Technical Working Committee, December 1992
MNR Lands and Waters Policy, 1992
~ j
PAGE _2G
_- __----
PD--.~i4-93__ -- --
REPORT..NO.
ers state that as a result of this decline, it is
Aggregate produc
ate consumers and producers to look further afiel
forcing aggreg the cost of
resulting in increasing it is
to get their resources, costs down,
aggregate. They advocate that in order to keep
ncourage aggregate production within the oak Ridges
important to e
Moraine and particularly in the Greater Toronto Area
re ate extracted
table compares the amount of agg g
14.4 The following er Toronto Area (GTA) and that which is extracted
within the Great es Moraine (ORM) located
from those portions of the Oak Ring million of Tonnes.
within the boundary of the GTA,
TABLE 3
LICENSED SAND AND GRAVEL MORAINE ON
GTA AND THE OAK RIDGES
_.------ ORM IN GTA
YEAR GTA LESS ORM
MILLION TONNES MILLION TONNES i;
11
13 _
I 1986 12
13
1987 _ ~ 12
11
1988 11
10
1989 8
8 ___--------
19 9 0 ~-- 5
6 ____-----_
1991
' Committee, December 1992
Source: ORM Technical Working
MNR Lands and Waters Policy, 1992
is apparent i
roduction in the ORM
The significance of resource p
re. As the sources within the GTA becllebecometec
the above figu
he demand for resources contained withim orta RMr le in the
t
greater as distance to marine} ptoymarket P s an important factor
value of aggregates. rrcx~ _
1 ~
PAGE 27.
REPORT NO.: PD- 54-93
the cost of producing aggregate but also
in determining not only
the value of the aggregate resource. Therefore the resources
valuable as they are
within the Oak Ridges Moraine eaterxToront Area market.
situated close to the large Gr
e uestion of need has been taken to task at anlOMalhplanng The
14.5 Th q of puslinch Off
debating portions of the Township Capital Paving Inc.,
University of Guelph,
appellants were MNR, others.
Preston Sand and Gravel Ltd., Croft Holm Farms Ltd. among
other things, the ability of a
This hearing debated among
This decision is
municipality to determine whether need exists.
ated June 27, 1990 and the following statements are taken from
d
this decision.
olicy statement,
being a provincial p
The policies within MARP,
recedence over any planning consideration that may
take p Mp,Rp recognizes
compromise any policies within this documentarise due to
that some social or environmental costso aindirectly yet MARP is
either directly
extraction activities, recedence over
clear in that the need for the resource takes p
most considerations. This decision goes on to state:
"The thrust of MARP, however, has convinced the Bothattmust
" as an official plan policy
any concept of need ermitted, is
be satisfied before extraction would be p Act. MARP, as a
prohibited by Section 3(6) of the Planning recludes
government policy, in contexdiscretionf onlthepbasis of
Council from exercising any
need."
The Board confirmed it is not the responsibility or is it a
nici ality's jurisdiction to insist that need for aggregate
mu p
exists.
15. CONCLUSION
licanL 31a~ fulf'1~ all requirements of Oak Ridges
15.1 The app
ne Implementation~Guidelines and have satisf lethehe 1"!i'`1j
Moral rovided al
of Natural Resources. They have also p
PAGE 28
REPORT NO.• PD- -93
information as requested by Staff and have met the provisions set
out in both the 1976 and 1991 Durham Region Official Plans. The
applicant has also made a commitment with respect to haulage
routes. Additionally, they have made a conscious effort to
address residents concerns with respect to noise and traffic.
15.2 The applicant has satisfied the Ministry of Natural Resources and
the Town with respect to the environmental sensitivity of the
subject site and surrounding lands. There are no Areas of
Natural or Scientific Interest present, no wetlands nearby, no
permanent surface water streams on site which could support a
fisheries habitat, no Environmentally Sensitive areas have been
identified and there are no significant cultural and/or
archaeological areas either on the subject lands or within close
proximity to the site.
15.3 Although the proponent has made application to amend the Town of
Newcastle Comprehensive Zoning By-law, Staff would recommend that
rove the Official Plan Amendment only, approve the
Council app and that the
Zoning By-law Amendment application in principle,
amending by-law not be forwarded until such time as the Minister
of Municipal Affairs has approved the Official Plan Amendment.
The Holding Symbol could. subsequently be removed when the owner
has entered into a Site Plan Agreement with the Town.
submitted, Recommended for presentation
Respectfully to the Committee,
~ -
~ ~(<<.~~,~ .{ail v.~u _ _ -
-~~~ ~ ~ ~ Lawrence E . Kot Leff f
Franklin Wu, M.C.I.P. Chief Administr~~ve
Director of Planning ~ Officer
and Development
HB*FW*cc
REPORT NO.: PD-54 -93 PAGE 29,
Attachment # 1 - Key Map
Attachment # 2 - Site Environs
Attachment # 3 - Ingress/Egress
Attachment # 4 -.Area Proposed for Temporary Use Residential Zone
Attachment # 5 - Proposed Extraction Phases
16 March 1993
Interested parties to be notified of Council and Committee's decision:
Canada Building Materials Mrs. Walter Haunenstein
55 Industrial 5t., R. R. #5
Toronto, Ont. M4G 3W9 Bowmanville, Ont. L1C 3K6
Mr. Bill Longworth Richard Sciuk
159 Spirea Court 259 Simcoe St. S.,
Oshawa, Ont L1G 6S8 OSHAWA, Ont. L1H 4H3
Mr. David Shankland Mr. & Mrs. Dewsbury
R. R. # 5 R. ,R. #1
Bowmanville, Ont. L1C 3K6 Bowmanville, Ont. L1C 3K2
Catherine Guselle Andrea Cooper
SAGA Committee 110 Roser Cres.,
45 Connaught St., Bowmanville, Ont. L1C 3N9
Oshawa, ,Ont. L1G 2H1
Valerie Bishop
MacNaughton Hermsen Britton 114 Roser Cres.,
Clarkson Planning Ltd. Bowmanville, Ont. L1C 3N9
171 Victoria St. N.,
Kitchener, Ont. N2H 5C5 Mr. & Mrs. L. A. Butterfield
R. R. #5
Mrs. G. Haskins Bowmanville, Ont. L1C 3K6
R. R. # 5
Bowmanville, Ont. L1C 3K6 Donna Leigh and Alan Brady
R. R. #1
Wimpy and Western Bowmanville, Ont. L1C 3K2
80 North Queen Street
Toronto, Ont M8Z 2C9 Mr: Gerald Eefting
415 Safari Drive
TRT Sand and Gravel Oshawa, Ont. L1K 1B5
P.O. Box 252,
Orono, Ont. LOB 1M0 Mr. P. J. Neal
R. R. #5
Mrs. Susan Dion Bowmanville, Ont. L1C 3K6
10 Rhonda Blvd.,
Bowmanville, Ontario Patricia Marilyn Mackay
17 Doualas Drive
Mr. & Mrs. David Craig Toronto, Ont. M4W 2B2
R. R. #5
Bowmanville, Ont. L1C 3K6
REPORT NO.: PD-54 -93 PAGE 30
St. Lawrence Cement Inc. Oliver Wesley Knapp
620 Wilson Ave., R. R. #2
Suite 400 Orono, Ont. LOB 1M0
Downsview, Ont. M3K 2A4
Harrington and Hoyle
Anton J. Krebel 91 Anderson Ave.,
28 Gregory Rd., Unit # 2
Ajax, Ont. L1J 3B4 Markham, Ont. L6E lA4
287409 Ontario Ltd. Mr. and Mrs J. Coqu
c/o Mr. George Tresic 96 Roser Cres.,
P.O. Box 270 Bowmanville, Ontario
IBM Tower L1C 3N9
Toronto Dominion Tower
Toronto, Ont. M5K 1N2
Nina Veltri
1038 Pinetree Court
Oshawa, Ont. L1H 7K8
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ZF-( N73°281451iE 415.46 ;III (N73°5412011E 416.07 }--}--< N73°3810011E 405.66 >--~
CONCESSION ROAD 10
PROPOSED AGGREGATE EXTRACTION AREA
PROPOSED AREA FOR RESIDENTIAL USE
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100 755025 0
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