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HomeMy WebLinkAboutPSD-090-04 '"" , REPORT 1112 ~~~glOn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 28, 2004 Report #: PSD-090-04 File #: PLN 21.2.7 ~" ~c.-36",~o<-t By-law #: Subject: APPLICATION BY ST. MARYS CEMENT (CANADA) INC. TO AMEND THE LICENCE TO DEEPEN THE BOWMANVILLE QUARRY RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-090-04 be received; 2. THAT St. Marys Cement be requested to fund a peer review consultant to assist the Municipality in the review of the Hydrogeological Assessment and Supplemental Recommendations on Slope Design prepared by Golder Associates for St. Marys Cement's application to amend their site plan to deepen the Bowmanville Quarry; 3. THAT Ministry of Natural Resources, Ministry of Environment, Region of Durham, Central Lake Ontario Conservation, Darlington Nuclear, Hydro One, MHBC Planning, St. Marys Cement (Canada) Inc. and the St. Marys Cement Community Relations Committee be advised of Council's decision. Submitted by: Reviewed by: G~~, Da i J. Crome, MCIP, R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer CS*DJC*sn*df June 23, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 . , REPORT NO.: PSD-090-04 PAGE 2 1.0 INTRODUCTION 1.1 The Planning Services Department receiYed correspondence from MHBC Planning Limited, on behalf of St. Marys Cement (Canada) Inc., requesting comments on an application to the Ministry of Natural Resources to amend their existing site plans to deepen the Bowmanville Quarry from a depth of approximately 60 metres to 180 metres. The application has been circulated the Municipality of Clarington, Ministry of Environment, Central Lake Ontario Conservation Authority, Region of Durham, Darlington Nuclear Station, and Hydro One for comment. The purpose of this report is to: . Provide an oyerview of the proposal to deepen the existing quarry; · Review conformity with the Clarington Official Plan and Zoning By-law; . Summarize the comments received by the Central Lake Ontario Conservation Authority and the Region of Durham; · Summarize the comments made at the June 17th, 2004 Public Infonnation Centre hosted by St. Marys Cement; and · Recommend that a peer review consultant be retained to reyiew the reports prepared by St. Marys consultants, which supports the application to amend the site plan to deepen the quarry. 2.0 OVERVIEW OF PROPOSAL TO DEEPEN THE QUARRY 2.1 Current License and Proposed Changes 2.1.1 Under the current license, St. Marys can extract 4.5 million tonnes annually. The maximum depth of the quarry is 60 metres or the eleyation + 11 masl (metres aboye sea leyel). Extraction on the west side of the former Wayerly Road road allowance is well underway. Stripping and extraction on the east side of the fonner Wayerly Road road allowance is scheduled to commence in 2010. It is anticipated that the quarry and plant will be operational for another 40 years (Attachment 1). The approved rehabilitation plans shows the quarry as a deep inland lake. 2.1.2 The existing approved site plans for the quarry contemplate extraction below 60 metres subject to a hydrogeological investigation. St. Marys Cement (Canada) Inc. retained Golder Associates to undertake the hydrogeological inyestigations. The proposed amendment requests a deepening of the existing quarry to a maximum depth of approximately 180 metres or the eleyation -116masl (Attachments 2 and 3). The deepening of the quarry to this depth was facilitated by the transfer of the Wayerly Road allowance. The deepening would begin on the west side of the former Wayerly Road road allowance and delaying the stripping/extraction of the east side until 2020. It is anticipated that the quarry will be operational for another 90 years, an extension of 50 years. . '" REPORT NO.: PSD-090-04 PAGE 3 The proposed amendment does not contemplate a change to the extraction limits, an increase in annual tonnage or a change in the rehabilitation plan. It is should be that tine plant is only producing at 3.6 million tonnes per year, and has not reached its licensed limit of 4.5 million tonnes per year. The existing kiln is at capacity. To reach the approyed extraction limit changes to the plant will likely be required. 3.0 REVIEW OF SUPPORTING DOCUMENTATION The consulting firm of Golder Associates was retained to proYide a hydrogeological assessment. A supplement report on slope design and stability was also prepared. Two consultant's reports were circulated with the request for comments and are entitled; · Hydrogeological Assessment, Proposed BowmanYille Quarry Deepening, BowmanYille, Golder Associates Ltd., March, 2004. · Supplemental Recommendations on Slope Design, Proposed BowmanYille Quarry Deepening, BowmanYille, Golder Associates Ltd., March, 2004. 3.1.1 Summary of Geological and Hydrogeological Assessment Geological and hydrogeological inyestigations were to determine the deptln a quality limestone reserves and to assess the potential influences on groundwater conditions and quarry dewatering associated with proposed deepening of the quarry. The current license to mine to the 4th bench coincides with depth of 60 metres. Geological inyestigations demonstrated that high quality limestone reserves for the production of Portland cement occur to a depth of 124m below the 4th bench. St. Marys is requesting an amendment on tine license to reflect an ultimate depth of 180 metres. The excavation will inyolve 8 benches of 15 metres each below the existing 4th bench for a total of 12 benches. In the area of Westside Marsh where the quarry is separated by a retention berm, it is recommended tlnat the setback be amended from 8 metres from the inside toe of the berm to 15 metres. The setbacks will provide access for machinery to maintain the overburdened slopes in the event tlnat water seeps through grandular in the overburden. The setback of 100 metres is recommended for those portions of the pit bordering Lake Ontario. The limestone formations below the 4th bench underwent hydraulic conductivity testing and were found to have very low hydraulic conductivity. The deepening of tine quarry will not require any more dewatering than that of the existing planned excavation. Approximately 90% of the water collected in the quarry is from precipitation and only 10% is ground water inflow. The underlying rock has a very low permeability and therefore water seeps when a rock face is exposed. The present quarry operation is dewatered under the Ministry of Environment Permit to Take Water. The present pumping capacity is 2600 UMin and is only done when needed. The quarry water is combined with plant cooling water and is discharged at a common point into the REPORT NO.: PSD-090-04 PAGE 4 Darlington Creek at a MISA station. The discharge is anticipated to remain the same howeyer water will be monitored for water quality before discharging into the creek. No changes in Ministry of Environment's permit are anticipated. An assessment of wells in the area was undertaken. Well records were examined in the COye and Cedar Crest areas. The wells in the area are located within the oyerburden layer between 0-15 metres deep, bedrock wells are within 20 metres of the bedrock surface. The majority of the wells on Cedar Crest Beach Road are oyerburden wells located on the bay mouth bar that separates Westside Marsh from Lake Ontario. The wells are recharged from the marsh and the lake. The groundwater downdraw associated with the quarry is isolated to the area adjacent to the quarry and therefore there should be no affect from excayation of either the existing quarry license area or by the proposed deepening. The report recommends that a groundwater and quarry dewatering monitoring plan be deyeloped incorporating requirements from the existing quarry license. · Maintain a cumulatiye record of water discharge from the quarry with discharged rates. · Monitor groundwater levels in on-site monitoring wells and selected releyant priyate wells within 500 metres of the quarry, subject to the agreement of the landowner. · Daily monitoring of quarry discharge quality for pH, temperature and conductiYity. . Quarterly monitoring of quarry water for number of chemical changes to ensure there is no impact on aquatic life in Darlington Creek. · Annual summary of quarry water monitoring resulting. 3.1.2 Summary of Slope Design Golder Associates prepared a supplemental report to ensure that the quarry walls will remain stable and safe during the excavation. Bench heights and widths, as well as bench faces and slope angles were examined. The report recommends that the existing benching of 23 metres (maximum) be amended to 15 metre high benches, which provide for a gentle slope face for easier maintenance and reduce the possibility of toppling of rock at higher levels. The overall slope of the wall face (inter-ramp) is recommended at 62 degrees to ensure a stable and safe slope. The report recommends monitoring the retention berms adjacent to the Westside Marsh and Lake Ontario shoreline areas with 3 to 5 inclinometer casings prior to cutting the slope. Readings should be taken twice weekly during oyerburden excavation then reduced to monthly then twice a year. Visual inspections should also be conducted seasonally for freeze-thaw slumping or seepage emerging from the berm. The recommended increase in setback from 8 metres to 15 metres from the toe of the berm as mentioned in Section 3.1.1 is important for yisual inspections and maintenance. REPORT NO.: PSD-090-04 PAGE 5 4.0 CONFORMITY WITH THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 4.1 Clarinaton Official Plan In the Clarington Official Plan the subject site is designated as Special Policy Area C. It recognizes the licensed extraction area and the cement manufacturing facility and the Wests ide Marsh. No limitation on the depth of extraction is proYided. 4.2 Zonina By-law Within the Zoning By-law 84-63 the subject site is zoned "Extractiye Industrial Exception (M3-1) Zone". The proposal to deepen the quarry complies with the provisions of the Zoning By-law. 5.0 AGENCY COMMENTS 5.1 Reaion of Durham The site is recognized as an aggregate resource extraction area in the Region of Durham Official Plan, however is subject to Special Policy Area 'B'. Site specific policies for the area remain deferred in the Regional Plan subject to a decision of the Ministry of Municipal Affairs and Housing. In general the policies are in relation to the expansion of the commercial docking facilities and the future rehabilitation and use of the site. Provided the proposed amendment remains in compliance with Section 18.2.2 of the Regional Plan, the Region has no concerns regarding Regional Official Plan conformity. The Region is in general agreement with the comments of the hydrogeological report and proposed monitoring plan and annual report to indicate cumulatiye findings. The Region suggested that the Ministry of Natural Resources haye regard for the comments of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. The Region may proYide further comments once the local submission is made. Any further alteration to the size of the licensed pit area would require further evaluation and submission of an application to amend the Region of Durham Official Plan. 5.2 The Central Lake Ontario Conservation Authority Groundwater and Potential Well Impacts Long - term monitoring of adjacent wells should also include the private wells located in the Coye Road area and a remediation plan should be prepared in order to deal with unforeseen well impacts. REPORT NO.: PSD-090-04 PAGE 6 Potential Issues as Quarry Expands/Deepens CLOCA has requested confirmation that water quality is and will continue to be monitored at the MISA Station to ensure that the water quality of Darlington Creek and acquatic species are not being negatively impacted. Authority staff generally agree with the findings of the Golder Report that "A groundwater and quarry dewatering monitoring plan should be deyeloped..." and these issues monitored at regular intervals. Ultimate Conditions as Quarry Approached Eyentual Closure Authority staff are concerned with long-term issues (following the flooding of the quarry) associated with aquatic habitat and the long-term management/restoration of the Lake Ontario Shoreline for example. What will the water quality in the quarry be upon closure? Will it be capable of supporting aquatic species giyen the apparent saline conditions in the deeper formations? Authority staff recommend that a more regular long-term monitoring plan be implemented in order to ensure that the quarry dewatering will not haye any adverse impacts on the adjacent aquatic habitat associated with the Darlington Creek. Natural Hazards Golder's report implies that, upon closure of the pit, the natural flooding of the quarry will spill in order to coincide with adjacent water bodies. Where is the natural flooding of the quarry projected to spill? Authority staff also notes that the west end of the existing quarry is currently susceptible to flooding under 10o-Year Storm Flood conditions associated with the Darlington Creek. The shoreline erosion hazard limit associated with Lake Ontario also extends onto the property. However, with the exception of the area situated south of the Darlington Creek Diversion Channel, the proposed future expansion of the quarry does not appear to be impacted by erosion for the foreseeable future. Authority staff would like confirmation as to St. Marys' plans for extraction in Phases 1 and 4 of the original site plan, as portions of these areas are situated within an identified natural hazard (i.e. shoreline erosion). The subject property is situated within an area regulated by the Central Lake Ontario Conservation Authority under Ontario Regulation 145/90, is traversed by two watercourses, contains portions of a Provincially Significant Wetland and also contains a locally significant wetland complex known as the Rabyhead Wetland. Under the provisions of the Regulation, prior to any filling, grading, construction within a regulatory floodplain of a watercourse or any alteration to a watercourse, the written approval of the Authority is required. Any works within a regulatory floodplain or any alteration to a watercourse, may only be approyed at the discretion of the Authority's Board, following a hearing before this Board. REPORT NO.: PSD-090-04 PAGE 7 5.3 It is staff's understanding that comments from the Ministry of Environment, Darlington Nuclear, and Hydro Networks One haye not been receiyed, at the time of writing this report. The Ministry of Natural Resources will also be proyiding comment on the application. The Ministry does have a hydrogeologist on staff who will be proYiding comment on the application. 6.0 PUBLIC INFORMATION CENTRE For proposals of this nature, the Aggregate Resources Act does not require any public consultation. On June 17th 2004, St. Marys Cement hosted a public information centre. Staff from St. Marys, and their consultants from Golders Associates and a blasting consultant were ayailable to answer questions. Twenty one area residents attended the meeting. Many of the questions were related to well interference, current and future blasting, the integrity of the retention berm and operational matters. Generally, the residents did not have an objection to the deepening of the quarry. 7.0 STAFF COMMENTS 7.1 St. Marys Cement haye made an application to amend their Aggregate License and site plan to deepen the BowmanYille quarry from 60 metres to 180 metres results in an estimated 50 year extension to the life span of the Bowmanyille operation. The amendment does not include changes to the licensed boundary of the quarry nor is the request for an increase in the annual extraction rate. Howeyer, it is a significant application due to the potential economic impacts and potential compatibility impacts. 7.2 According to comments from the Region of Durham, an amendment to the Region of Durham Official Plan is not required. The proposed amendment was reyiewed for conformity with the Clarington Official Plan and Zoning by-law and is deemed to comply. 7.3 The concerns raised by the Conservation Authority should be addressed by St. Marys' consultants. Consideration should also be given to comments from the other circulated agencies. 7.4 Staff does have some concerns with the consultant's observations and recommendations as they related to the stability of the retention berm and dewatering of the area and the potential effect on surrounding residential wells. Retention Berm The retention berm was a key component in the efforts to save a portion of the Westside Marsh. Its placement would hold back the retained marsh from the eyentual open quarry situated to the north. The consultants recommend an increase in the setback of the retention berm from 8 metres to 15 metres to allow for easy access to the berm for maintenance in the eyent REPORT NO.: PSD-090-04 PAGE 8 there is seepage through the berm. In addition, 3 to 5 inclinometer stations are recommended to ensure there is no movement in the berm. In the mid 1990, St. Marys Cement, the Municipality of Clarington, Central Lake Ontario Conservation Authority and Hydro One, formerly Ontario Hydro and the department of Fisheries and Oceans and the Ministry of Natural Resources embarked on a cooperative effort to save the Westside Marsh. The Municipality of Clarington and St. Marys Cement (formerly Blue Cement) entered into the Principles of Understanding. The efforts of the company, the Municipality and all other agencies were worth while in saving the Marsh and as such, it is important to ensure that function and integrity of the retention berm is as it was intended. Staff cannot provide comment on the validity of the hydrogeological assessment. It is recommended that a peer review consultant should be retained by the Municipality to reyiew the information and provide comment with respect to the public interest. Effect on adiacent wells The consultant report suggests that the majority of the wells in the area are within located within the overburden layer or within 20 metres of the bedrock. The consultant further states wells in the Cedar Crest Beach area are recharged by the Wests ide Marsh and Lake Ontario and as such there should be no impact on the wells in the area as a result of the quarry operations. While there may be little risk of loss of water supplies, the Municipality and the Region have no agreement with St. Marys Cement regarding ground water interference. It is also recommended that the consultant's report be peer reviewed to protect the public interest as it relates to effect on adjacent wells. 8.0 RECOMMENDATIONS 8.1 It is recommend that that a peer review consultant be retained to review the reports prepared by Golder Associates with the cost of the consultant borne by St. Marys Cement and at a reasonable cost. Once the peer review consultant has provided comments, the Municipality of Clarington will be in a position to provide comment to the Ministry of Natural Resources on the application to deepen the quarry. Attachments: Attachment 1 - Bowmanville Quarry Attachment 2 - Conceptual Bowmanville Quarry Deepening Attachment 3 Cross Section - Proposed Quarry Deepening REPORT NO.: PSD-090-04 PAGE 9 List of interested parties to be adyised of Council's decision: MHBC Planning Limited Mr. Alexander Georgieff 171 Victoria Street North Commissioner of Planning Kitchener, Ontario The Regional Municipality of Durham N2H 5C5 605 Rossland Road East Whitby, Ontario L1N6A3 Wilson Little St. Marys Cement (Canada) Inc. Technical Centre 410 Waverly Road R.R. # 2 Bowmanville, Ontario L1C31C Mr. Tracy Smith, District Manager Ministry of Natural Resources 50 Bloomington Road West Aurora, Ontario L4G 3G8 Mr. Don Terry, Communications Specialist Ontario Power Generation Darlington Nuclear Station Box 4000, Holt Road South Bowmanville, Ontario L 1C 3Z8 Ms. Lisa Backus Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L 1 H 3T3 Glenda Gies, Co-Chair St. Marys Cement Community Relations Committee Port Darlington Community AsSociation 311 Coye Road Bowmanville, Ontario L 1 C 3K3 Mr. Peter Balaban, District Manager Ministry of the Enyironment 230 Westney Road South Ajax, Ontario L 1S 7J5 Mr. Paul Dockrill Hydro One Networks Inc. Real Estate Services 483 Bay Street, 15th Floor Toronto, Ontario M5G 2P5 DEEP DRILLHOLE LOCATIONS BOWMANVILLE QUARRY . " 3 . " I (',\,," - --]'" 'I I . \c"[J i ~;~.~. ( LOT LOT 1U loT It! LOT J~ LOT 17 Ll)"fHj toTJ5 LOT I-I )t' If, " ~ C I' I \;, -I ,:1) " <, (.. ~ c ':.) d .. ~) :'l, ~ ? ~ -"1'-~ ..... ,t=:= ~ -\, .~.~ , '- ,:1) <1.'" '-, "' (J ,-, ~ V ~ I j " ROSI;'TnTO MAJOIIJOIN'T1NG IMPPEtlltl EXlSTlNGQlJAARY ....... LEGEND ~IRECTlON OF DRILLING AND APPROX. HORIZONTAL TRAVEL DH(J()..1 ANGLED ORILLHOLE LOCATION DH98-1. " ~- ., VERTICAL DRlLLHOlE PREVIOUSLY DRILLED ,~""" OfORILUIlG 8 ,~ I WESTSIDE-! MARSH ' SPILLWAY \ , BfEJ;;RENCe _ __~ QUARRY CONTOUR PLAN BASED ON AIR PHOTOS DATED OCTOBER 2000 . ~ , J ~ j $ , PHASE 4 AND A PORTION OF PHASE 1 TO BE QUARRIED AS PER ORIGINAL SITE PLAN I4IPlANESI ,"'''''' ~-_._-- --------- FOR SECTION "-A,' SEE FIGURE 5 240 . 1o...?I _ SCALE 1:12000 240 ." , METRES ~ " Lake Ontario WATER LEVEL a.EVATlON 74.5 M881 DATE: MARCH 2004 MGoJder \:DAssociales CAD: KD PROJECT: ~1112-ollG_ CH>< )> -; ;: () :r 3: m z -; - . 3 ~ ~ ~ , i , g ! c ~ o , . " 00 0_ :; "i: ~ .~ H - ~..; 0' ~~ CONCEPTUAL QUARRY CONFIGURATION FOR PROPOSED BOWMANVILLE QUARRY DEEPENING LOT 19 lAlTI7 LOT1B LOT 16 LOTt4 lOT 15 WT 11 LOTIO I /i <3 ~ m ~ ~ ~ o u .1. --' .., ~ o ~ r< - .S ~ ffi ~- ~ ~ o u -.., ~: " './ ROSETTeTO -' MAJOll.JOlNTING \ EXI~=u:kRY " - \ -4i1'Pl.Aillci PLOTTEtl ,..;~-----;~., NOTE FOR SECTION 5-B' see FIGURE 4 PHASE 4 AND A PORTION OF PHASE 1 TO BE QUARRIED AS PER ORIGINAL SITE PLAN 0511100 200 300 ~ 500 eUOm SCALE 1 :12,000 Lake Ontario WATER LEVEL ELEVATION 74.5 MilSI ~GoI~ \:DAssocia1es CHK: DATE: ____~ARCH 2004 CAO: KD ~ ~ (') :c s: m z -i '" PROJECT; 03-1112-oBt5 ~ , ~~ 8 ~% ti~ ~! 12~ ~~ ". CROSS-SECTION A-A' AND B-B' SHOWING EXISTING CONDITIONS AND PROPOSED DEEPENING BOWMANVILLE QUARRY ~ ~ ~ ~ ~ ~ z ~ ~ w SOUTHEAST 130 110- O~Q 90- 70 50 30 10 -10 -30 -50 -70 .90 110 130 -,'" NORTHWEST lION~Ol"'l'l<<.I.Jf<Cl",U1IJlIn\ _130 WElITONTOSECTlON -110 - 90 - 70 ~ - " ~ - 30 ~ = 10 ::E - _1 ;!1:; -30 ~ - -30 " =-70 ~ -90 w ~110 =-130 --150 A .A' EXISTING QUARRY EXTENTION ~.~e:~ '~: - -. ~_o-iJft7'^=~l:,;:t!f' f'~('~ . ~ . ~ SOUTHEAST 130 110- lAKE ~ 90- ONTARIO ~ ~ : ~ 10 ~ is .10 ~ :: ~ .70 -90 -110 -130 _1'" B. S' PROPOSED QUARRY DEEPENING ~ ~ ~ i 1 ti . " NOTE FOR LOCATION OF SECTION A.A' AND B-B' seE FIGURES 2 AND 4 RESPECTNEL Y. LEGEND 9 GLACIAL TILL. SANDY SILT TO CLAYEY SILT 8 WHITBY FORMATION. BLACK CALCAREOUS SHALE 7 LINDSAY FORMATION - ARGILLACeOUS f.IME5TONE 6 VERUlAM FORMATION. SHALEYTO ARGILlACEOUS LIMESTONE e: BOBCAYGEON FORMATION - CALCARENITIC LIMESTONE . 4 GULL RIVER FORMATION. LITHOGRAPHIC LIMESTONE 3 GULL RIVER FORMATION. DOlOMITIC LIMESTONE AND DOLOSTONE 2 SHADOW LAKE FORMATION. SANDSTONE 1 PRECAMBRIAN BASEMENT - GRANITIC GNEISS 100 0 100 200 - SCALE 1:5000 MeTRES DRAWN TO NATURAL SCALE MGo1dfl' \Z7Associa1eS DATE: MARCH 2004 CAD, PROJECT: 03-1112..086 CHK: ~ ~ ~ ~ S ~ w KD ~ )> C'l :I: :s:: m z -I '"