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Home My WebLink AboutPD-022-00 t6- ".. l-~ REPORT '3 DN: PD-022-ll0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File# LII. A<; Res.#~J/-/ 33-cD Date: Monday, March 6, 2000 Report #: PD-022-00 FILE #: PLN 21.2.7 By-law # Subject: REQUEST FOR AMENDMENTS TO AGGREGATE EXTRACTION LICENCE BLUE CIRCLE CANADA INC. PLN 21.2.7 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-022-00 be received; 2. THAT the Ministry of Natural Resources be advised that the Municipality of Clarington has no objection to the request made by Blue Circle Canada Inc. for an amendment to their site plan under their aggregate extraction license, subject to (1) the transfer of the Closure Areas A and B of Waverly Road to Blue Circle Canada Inc., (2) the release of the Temporary Public Highway (haul road) to Blue Circle Canada Inc. and (3) the conditions set out in Appendix 1 to this report; and 3. THAT the Ministry of Natural Resources be advised that the Municipality of Clarington has no objection to the request made by Blue Circle Canada Inc. for an amendment to the aggregate extraction license to increase in annual tonnage from 3.0 million tonnes to 4.5 million tonnes subject to the conditions set out in Appendix 1 to this Report; and 4. THAT Blue Circle Canada Inc., the Blue Circle Community Relations Committee, the Region of Durham, Ontario Hydro, Central Lake Ontario Conservation Authority, Department of Fisheries and Oceans, Canadian Coast Guard, Waterfront Regeneration Trust, the Port Darlington Community Association and any interested parties be advised of Council's decision. '11 , , , PD-022-00 PAGE 2 1. BACKGROUND 1.1 On November 7th, 1997 Council endorsed the recommendations contained in ADMIN-47-97 and the Principles of Understanding between the Municipality of Clarington and Blue Circle Canada Inc. (herein referred to as Blue Circle) to implement the recommendations from the Waterfront Regeneration Trust on the Westside Marsh. In order to implement the terms and conditions contained in the Principles of Understanding, an amendment to Blue Circle's aggregate extraction license is required, specifically the site plan filed under the Aggregate Resources Act. On July 21, 1999 the Ministry of Natural Resources requested the Municipality of Clarington to provide comments on Blue Circle's request to amendment the site plan in order to implement the Principles of Understanding. 1.2 At the time of negotiating the Principles of Understanding, Blue Circle requested that the Municipality of Clarington support an amendment to their aggregate extraction license for an increase in annual tonnage extracted from the quarry from 3.0 million tonnes to 4.5 million tonnes. Council agreed to support the request provided technical reports were submitted demonstrating that, there would not be a substantial change to the emission of noise, dust, or vibration or unacceptable impact on the road system resulting from the increase. On July 8, 1999, the Ministry of Natural Resources requested the Municipality of Clarington to provide comments on Blue Circle's request to amendment the aggregate extraction license to increase the annual tonnage extracted from 3.0 million tonnes to 4.5 million tonnes. 1.3 The purpose of the report is to: . briefly describe the amendments to Blue Circle's site plan, required to implement the Principles of Understanding; ~ ~ , PD-022-00 PAGE 3 · briefly describe Blue Circle's request to increase the annual tonnage extracted from the quarry and discuss the findings and recommendations contained in the technical reports; . the consultation process; and · recommend conditions to be imposed on the amendments to Blue Circle aggregate extraction license. 2. DISCUSSION 2.1 Amendments to the Aggregate Extraction Site Plan Blue Circle submitted an application to amend their license in the summer of 1999. Under the Aggregate Resources Act, the Municipality may comment on the proposed amendment. Staff reviewed the amended site plan drawing and found that all of the necessary changes have been made to accurately reflect the requirements in the Principles of Understanding. The revised site plan is shown on Attachment #1. The amended site plan includes the following changes: . revised property boundaries to reflect transfers in land ownership between Blue Circle Canada Inc. and the Municipality of Clarington; . revised licensed boundary and limit of extraction to reflect the reconfigured Westside Marsh, the portion of Waverly Road to be conveyed to Blue Circle and the reduction of setbacks along Ontario Hydro's transmission corridors; . new bridge connecting Cove Road and Cedar Crest Beach Road; · the relocation of Blue Circle Aggregates operation west of the existing cement plant; . Westside Creek diversion channel through Ontario Hydro's transmission corridors and Marsh Link area; . overflow channels; . the emergency access from Cedar Crest Beach Road across Blue Circle's licensed lands to Waverly Road and Highway 401; · chain link security fencing on the partition berm and the perimeter of the site; ~,' 't , , PD-022-00 PAGE 4 . detailed cross sections of slide slope and partition berm; and · changes in zoning on the reconfigured marsh, marsh link area and hydro transmission corridor. 2.2 Amendment to Increase the Annual Tonnage Blue Circle has requested an amendment to their license from 3.0 million tonnes to 4.5 million tonnes extracted from the quarry in order to compete in the cement exporting market as well as the provide crushed stone throughout the Greater Toronto Area. Blue Circle's request for an increase in annual tonnage extracted from the quarry is not a specific condition in the Principles of Understanding. It was an item added during the negotiations process. In Council's consideration of ADMIN 47- 97, Council granted the increase in tonnage provided certain technical reports were submitted. The technical reports address the impacts of the increase in annual tonnage as well as the modified quarry operations as a result of the Principles of Understanding. 2.2.1 Blasting Report Golder VME Limited was retained by Blue Circle Cement to evaluate the impacts of blasting associated with increasing the amount of extracted material from 3.0 million tonnes to 4.5 million tonnes. The Report examined blasting conditions at 3.0 million tonnes and the proposed future extraction rate. Currently, Blue Circle does about 100 blasts per year, or an average of slightly more than twice per week. These blasts are very often carried out on the same day. A third blast may be shot the same day. Ground vibration effects are monitored on a continuous basis at Blue Circle's Technical Centre by a third party blasting consultant. Blue Circle's current blasting procedures are in compliance with the provincial guidelines. '{ PD-022-00 PAGE 5 In order to extract at the rate requested by Blue Circle, an average of 150 blasts per year would be needed or about three blasts per week. This represents a fifty percent increase in the current number of blasts per week. The consultant concludes that the intensity of ground vibration effects from each blast would be unaffected by the additional blast. The Consultant however, recommends that once blasting progresses east of Waverly Road, the monitoring station at the Technical Centre be moved to a location to the south; and one additional station be placed in a location to east, which would detect ground vibrations near residential areas, The locations for these monitors have yet to be determined. 2.2.2 Dust Report Sophos Inc. was retained by Blue Circle Canada to examine the increase of particulate matter. Current operations results in total emissions of 118.3 metric tonnes of particulate from the limestone extraction process, overburden removal and Blue Circle Aggregates (forrna1ly CBM) stone crushing operation. Total emissions of particulate from future operations are estimated at 170.8 metre tonnes per year, but will be reduced to 144.7 metric tonnes per year once the Blue Circle Aggregates stone crushing operation is relocated. In addition, the material from overburden stripping will be used as fill for the dock expansion and will be transported via an internal haul road which will result in a reduction of particulate matter to 85 tonnes per year or approximately 30% lower than the current levels. The Consultant report recommends that Blue Circle continue with ~urrent dust suppression and stockpile operating practices, which includes sweeping of paved surfaces, seeding of overburden stockpiles where required and watering and use of dust suppressant on unpaved roads. ..; , PD-022-00 PAGE 6 2.2.3 Noise Reports Aercoutics Engineering Limited was retained by Blue Circle to address potential noise issues. The report did not address noise resulting from blasting. There are three sources of noise originating from Blue Circle's operation, namely site preparation, quarry functions and Blue Circle Aggregates operation. i) Site Preparation: The proposed increase in annual extraction does not inherently increase noise from overburden removal and storage, due to the increase in setback from the residential areas provided by the reconfigured marsh. As the quarry operation moves east, the storage areas and haul routes will be further from residential areas and shielded by berms. The consultant recommends additional berms along the overflow channel near the dock and at the mouth of the diversion channel where it discharges into the newly reconfigured marsh. (see Attachment #2) ii) Quarry Functions: a) Drilling Blast Holes The increase in extraction will necessitate an increase in the number of blast holes to be drilled. The area presently quarried is far enough removed from the residential area that there is little impact. Extraction will proceed in an eastward direction in two or more lifts. Drilling at levels closer to the surface would increase the level of noise to 3dB, which is very slight. To mitigate any noise, the Consultant has recommended noise control zones be established east of Waverly Road. The noise control zones would permit only one drill per zone in the first or second lift and as drilling occurs at lower levels below 42 m.a.s.l., then a second drill may operate concurrently in the same zone provided there is an acoustic shielding equal to or better than 22m high and within 100m to the closest house. (see Attachment #2) -; PD-022-00 PAGE 7 b) Rock Transport to Processing Plant Large 100 ton trucks are used to move aggregate from the blast face to the primary crusher which is located near the plant. In order to increase trucking capacity, Blue Circle intends to use 150 ton trucks. The Consultant recommends that the new trucks be equipped with a variable speed fan and exhaust-heated body, which emit noise equivalent to 100 ton trucks. c) Aggregate Operations: The existing Blue Circle Aggregate operation will be relocated west of the existing cement plant as required by the Principles of Understanding. This would eliminate any noise impact originating from this site on Cedar Crest Beach Road residences. 2.2.4 Roads Impact Analysis Blue Circle did not retain a consultant to prepare a road impact analysis. In two letters to the Municipality dated June 7th and October 6, 1999, however, Blue Circle provided information with respect to the traffic impact that would result from the increased tonnage. Currently 68% of Blue Circles material is transported by boat, 22% by truck and 10% by rail. The boat haulage consists mainly of cement material while the truck and rail haulage consist of aggregates. According to Blue Circle, the volume of cement plant materials shipped off-site will increase by approximately 40% from 1997 to 2001. The volume of aggregates shipped off-site would increase by approximately 28% between 1997 to 2001. Blue Circle expects that by 2001 approximately 3.5 million tonnes per annum will be extracted. In the future, as extraction increases towards 4.5 million tonnes and with an increase in the sales volume of aggregate, a portion of the aggregate material will be transported by boat. Blue Circle predicts that PD-022-00 PAGE 8 approximately 70% of the truck traffic will remain within Durham Region and that the remaining 30% would travel to the eastem Toronto area. Blue Circle notes that the proximity of the cement plant and aggregate operation to the Highway 401 minimizes any impacts on municipal road systems. Public Works confirms this assessment and does not have any objections. 2.3 Consultation Interagency Meeting In order to co-ordinate the comments from all the affected agencies on the amendments, Planning Staff convened an inter-agency meeting. The meeting was held on September 13, 1999 and was attended by representatives of Blue Circle Canada Inc, Central Lake Ontario Conservation Authority, Ontario Hydro, Ministry of Natural Resources and the Region of Durham Planning Department. The meeting was useful in providing an opportunity to discuss and clarifY the details of the proposed amendments. Revisions to the proposed site plan were submitted subsequent to initial comments. Public Information Session On September 23, 1999 Blue Circle Cement held a Public Information Session at the Technical Centre to inform the public of their requests to the Ministry of Natural Resources to increase the tonnage extracted from the quarry and to amend the site plan. The consultants for noise, dust and blasting and the planning consultant were available to speak with members of the community about the proposed amendments. The Information Session was advertised in two local newspapers and invitations were delivered to area residents. Approximately 30 attended the information session. ~\ PD-022-00 PAGE 9 Community Relations Committee At the regular meeting of the Community Relations Committee held on September 20, 1999 the members of the Committee were briefed on Blue Circle's proposal for amendments to their aggregate extraction license. 3. STAFF COMMENTS 3.1 Each consultant reviewed the existing operation and the effects from noise, dust, and blasting. The current monitoring and migration measures were also discussed. The consultants also projected the emission of noise, dust and blasting at the proposed extraction rate. The blasting and noise consultants' reports did suggest there would be minimal effects on neighbouring residents from the increase in annual tonnage extracted from the site. 3.2 The blasting consultant recommends the monitor at the Technical Centre be moved south and an additional one be added to the east to detect ground vibration effect on the lakeshore residents. In the inter-agency meeting, Ontario Hydro requested a monitoring station be located near their transmission corridor. The Aspen Springs Community has also expressed concern about vibrations resulting from blasting. As such, Staff recommend that three monitoring stations be operated. The monitoring station at the Technical Centre should remain in place to detect ground vibrations near the hydro corridor and the residential areas north of Highway 401 (Waverly and Westvale Neighbourhoods). Two new mouitoring stations should be added in locations to the south and east as recommended by the consultant. 3.3 Sophos Inc. suggested that there would be a reduction in particulate matter, to the east of Waverly Road, particularly with the relocation of the aggregate operation (CBM operation). The amount of dust resulting from over burden stripping has been discussed at length at Community Relations Committee as it is a concern with lakeshore residents. Blue Circle has certain dust suppression measures in place to mitigate dust emitted from over burden stripping, and stockpiles, '. . . PD-022-00 PAGE 10 however, the report does not address the amount of particulate matter released while the partition berm and diversion channel are under construction, nor does the report discuss mitigation measures. During this process, some tolerance is required in order to implement the solution for the marsh. As such, Staff encourage Blue Circle to continue with current dnst suppression practices. 3.4 Aercoutics Inc. recommends the installation of acoustical berms near the overflow channel and on the partition berm where the newly diverted Westside Creek discharges into the reconfigured marsh. The berms appear to be located on the lands to be transferred to CLOCA. In addition, the berms are not shown on the site plan drawings. Staff request that the site plan be modified to incorporate prior to MNR amending the license. 3.5 To ensure that the conditions recommended by the consultants are implemented, Staff recommend the approval of the increase in tonnage and the amendment to the site plan be subject to the conditions set out in Appendix 1 to this report. Furthermore, it is noted that the Ministry of Natural Resources is not able to approve the amendment for the site plan until such time that all the necessary portions of Waverly Road are conveyed to Blue Circle and the lease for the Temporary Public Highway being the haul road is released to Blue Circle (see Attachment #3). This will only occur once Cove Road and the bridge are dedicated as a Public Highway and all other related agreements (eg. Maintenance and Monitoring agreement with Ontario Hydro) have been executed. This will be the subject of a report by the Municipality's Solicitor in the near future. As such, Staff recommend that Council's endorsement of the site plan be conditional upon the conveyance of Closure Areas A & B to Blue Circle and the release of the lease of the temporary public highway on the haul road. The increase in the annual tonnage is not dependent on the issues regarding the closure of Waverly Road and the release of the lease on the haul road. .- '. - . PD-022-00 PAGE 11 4. CONCLUSIONS Staff have no objection to the proposed amendments to Blue Circle's aggregate license to amend the site plan or for the increase in annual tonnage extracted from the quarry from 3.0 million tonnes to 4.5 million tonnes subject to the conditions discnssed in this report. Reviewed by, '!l D . . rome, M.C.I.P., R.P.P. Director of Planning & Development CS*BN*DC*df ()~~ QJ2~ ~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. 1 March 2000 Appendix 1 - Conditions for Amended Aggregate Licence and Site Plan Attachment # 1 - Revised Site Plan Attachment # 2 - Recommended Berrning Attachment # 3 - Road Closure and Conveyance Interested parties to be notified of Council and Committee's decision: Blue Circle Community Relations Committee clo David Ashcroft 63 Cedar Crest Beach Road R.R.#2, Group 5, Box 36 BOWMANVILLE, Ontario LIC 310 A.L. Georgieff Commissioner of Planning Regional Municipality of Durham Lang Tower, West Bldg. 4th Floor, Whitby Mall 1615 Dundas Street East WHITBY, Ontario LlN 6A3 Lynn Davidson Environmental Manager Blue Circle Canada Inc. 400 Waverly Road South BOWMANVILLE, Ontario LlC 310 Cathy Douglas Ministry of Natural Resources Aurora District 40 Bloomington Road West AURORA, Ontario L4G 3H8 Ian McNaughton McNaughton Hermsen Britton Clarkson Planning Consultants 171 Victoria Street North KITCHENER, Ontario N2H 5C5 Port Darlington Community Assoc. clo Glenda Gies R.R.#2, Group 2, Box 36 BO~LE,Ontario. LIC310 "-_,f -.. ." Appendix 1 to Staff Report PD-022-00 RECOMMENDED CONDITIONS TO AMENDED AGGREGATE EXTRACTION LICENCE AND SITE PLAN FORBLUECmCLECEMENTBO~LEQUARRY 1. THAT, in addition to the blasting monitoring station located at Blue Circle's Technical Centre, one additional monitoring station be installed in southerly location, and one installed in an easterly location at such time as extraction commences on the east side of Waverly Road. The locations for these monitors will be determined by a qualified blasting consultant and in consultation with the Municipality of Clarington and the Port Darlington Community Association. 2. THAT Blue Circle undertake best management practices for dnst suppression and stockpile operating practices, including sweeping of paved surfaces, seeding of overburden stockpiles where required and watering and use of dust suppressant on unpaved roads. 3. THAT noise control zones be established and operated east of Waverly Road in accordance with the recommendations of the report dated May 4, 1999 by Aercoutics Engineering Limited. The noise control zones would permit only one drill per zone above 42 m.a.s.l. A second drill may work concurrently in a zone below 42 m.a.s.l provided there is acollstic shielding equal to or better than a face 22 metres high within 100m from the drill in the direction of the closest houses. 4. THAT the company incorporate appropriate engineering controls when purchasing new 150 tonne trucks to ensure vehicle noise emission levels are not substantially increased from baseline levels. 5. THAT prior to approval of the amendment to the site plan, the site plan be revised to incorporate the acoustical berms on lands owned by Blue Circle Canada Inc. on the north and west sides of the overflow channel. ATTACHMENT .1 g ~" '''''; woo:( ~ d '" ~ t;;~m~i o:l "'...... <Co: ""'[jp..z~ ""'- :5l!' 0.. 0. .. ~ ~< ... .~ -"& .~..s ~ U.g s ... ~ ~ .Eu ~ ~ 0 '" e e 00 ir~ lL.2-E o U , U 0 _0- e 0 ~~g ~:~; , 5 ro~ ~I .' g.. ~ ;H~~ '~'Ii; co ~ r e z It! ~ w <:> C', r-"-'DGJ!!iil w' 'I II I ..:;; l"'I ~ L..J L_.J.._., , , ,; 3' ~& ~2 in ~lt ~2 iI'/: B~ ~~ <>3 ~fl~ ~oll ~::: d" '. 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TOWNSHIP or DARLINGTON, no,," On lhe MUNICIPALITY or CLARINGTON =I~"",~~~P"J.JTY Of DURHIiM ci z , 00... "." <_.. .....} SUINEY(lR'SCEllTIFI<;ATf ,-- .. -......-.....---..--""- .::.:.-:...-::-..___.0_____ .. ----.......""--..---- --..- 8u.RINGRUUlEtIC[ _"____"M__"-_' --.-..-..",........-..... ........- -......----..-.....- ~ o ~ NOTES & Ll'GDm --- --- ---... ----... ---- - -.............. ::~ :::::..""':"'0..:.:......... - PROPOSED ~ ~ CLOSURE AREA "A' i PROPOSED III r CLOSURE AREA "C" OCfAA.ll' ("'" ,......j ~ PROPOSED CLOSURE AREA 'D" ~ TEMPORARY ,..........., PUBLIC HIGHWAY SCHEDULE "F" ROAD MAP lH~'0ISTN<CG_0tI1>iISPv<<_..""'R('S _COOOl[toi'MJnQ)Tonn"_""'JG4e 8ROWN &: COGGol.N LTD OIHAAlO I.J<HD SUf!YfTORS '~..,;r.t:~Y -...-- -, '.-