Commission de I'escarpernent du Niagara.

Transcription

1 Niagara Escarpment Commission Commission de I'escarpernent du Niagara 232 Guelph St. 232, rue Guelph Georgetown, ON L7G 4B1 Georgetown ON L7G 4B1 Tel: No de tel Fax: TeIBcopieur February 25,201 1 REQUEST FOR COMMEN Under the NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT TO: FROM: Regional and Local Municipalities Ministries Public Agencies and Non-Governmental Organizations Interested Parties Michael Baran, Planner, Niagara Escarpment Commission RE: NIAGARA ESCARPMENT PLAN AMENDMENT PP GRAHAM BROS. AGGREGATES LIMITED PART LOT 12, CONCESSION 1, WHS AND PART LOT 12, CONCESSION 2, WHS TOWN OF CALEDON, REGION OF PEEL The Niagara Escarpment Commission, at its meeting of February 17, 201 1, decided to initiate and circulate for comments, the proposed Amendment noted above. Notice is also to be provided to the public through the newspaper listed below and a posting on the Province's electronic registry (EBR). Newspapers: Caledon Citizen Caledon Enterprise Pursuant to Section 7 and 10 (1) of the Niagara Escarpment Planning and Development Act, the Commission invites your comments on this proposed Niagara Escarpment Plan Amendment. The Initial Staff Report and the Proposed ~mendment are enclosed for your review. DIRECTIDI'4 REQUIRED,.." RECEIPT RECOi\riMENBEES

2 Please submit comments to the Niagara Escarpment Commission by May 2,2011. Should comments not.be received by this date, the Commission will assume that you have no objections or comments on'the Proposed Amendment. If you wish to receive further notice of the status of this application, you must submit a written request to the Commission. For additional information about the Proposed Amendment, please contact the undersigned by telephone at (905) or by at michael.baranqontario.ca. p Yours truly, % Mic ael ~ ararf - Encl.

3 Niagara Escarpment Commission 232 Guelph St. Georgetown, ON L7G 481 Tel: Fax: w.escarpment.org commission de I'escarpment du Niagara 232, rue Guelph Georgetown ON L7G 4B1 No de tel Telecopieur w.escarpment.org N.E,C. DECISION February 17, FEB INITIAL STAFF REPORT RE: Proposed Niagara Escarpment Plan Amendment PP (Graham Bros. Aggregates Limited) Part Lot 12, Concession 1, WHS & Part Lot 12, Concession 2, WHS Town of Caledon, Region of Peel RECEIVED: December 15,2010 SOURCE: MHBC Planning Ltd., James Parkin (Agent) Graham Bros. Aggregates Limited. (ApplicantIOwner) PROPOSAL: To amend the Niagara Escarpment Plan (NEP) to provide for a site-specific exception to the permitted uses of the Mineral Resource Extraction Area (MREA) designation to provide relief from the accessory use provisions of the designation to allow the processing of aggregate as part of an integrated operation occurring on two separate, but nearby sites that are owned and operated by the proponent and licensed under the Aggregate Resources Act. The proponent is seeking the exception to allow Graham Bros. Aggregates Limited (Graham Bros.) to maintain a central processing facility on its Concession 2, WHS license and also process materials from its Concession 1, WHS license (the current approvals require the phased relocation of the processing facility to Concession 1, WHS). The processing facility will remain in place for the duration of the operation, after which the lands will be finally rehabilitated. PROPERTY SIZE: The subject lands located in Part of Lot 12, Concession 1, WHS (License No. 6685) have an area oft ha (k 87.5 ac) and will be referred to hereon as the East Pit; the subject lands located in Part of Lot 12, Concession 2, WHS (License No. 6622) have an area oft ha (t ac) and will be referred to hereon as the West Pit. Figure 1 - Location Plan provides additional site details. SUMMARY RECOMMENDATION: Instruct staff to prepare proposed Amendment PP for circulation and notification pursuant to Section 7 and Secfion 10 of the Niagara Escarpment Planning and Development Act (NEPDA)..

4 RELATED FILES: I 1 Development Permit Application PIE (Graham Bros. Aggregates Limited) was filed in October, The application was initially filed for the purpose of site plan revisions to allow an increase to the previously approved maximum allowable disturbed area within each of the licensed pit areas. After considerable review by the Public Liaison Committee (PLC), it was concluded that relocation of the central processing facility from the West Pit to the East Pit, which was intended to occur under the current approvals, could not reasonably transpire due to a number of factors that contributed to insufficient pit floor area availability in Concession 1. Contributing factors include the land base required for the main processing plant and wash plant (as currently established), existing haul road configuration, an unextracted common boundary setback, stockpiled overburden for future site rehabilitation, and the volume of material to be extracted relative to market conditions. This realization prompted a revision to the Development Permit Application (DPA) in late December, 2009 for the purpose of leaving the central processing facility and wash plant in the West Pit for the duration of thelextraction operation, in addition to proposed changes to the maximum disturbed area. The proponent was advised that the latest revision posed a conflict with the Accessory Use provisions for the MREA designation and would require the approval of a Niagara Escarpment Plan Amendment (NEPA). Note: The PLC originated through negotiations conducted at the time of the Joint Board hearing concerning a previous NEPA, and established under a Terms of Reference with a mandate relating to both gravel pits, following the issuance of License No (see No. 2 below). The PLC's membership consists of representatives from Graham Bros., surrounding property owners and relevant agency representatives. This Report's author is the NEO1s designated member of the PLC. 2. Niagara Escarpment Plan Amendment 126 (Graham Bros.), Development Permit Application PIEIOO (Graham Bros.) and Town of Caledon Official Plan Amendment No. 164'(~raham Bros.) were approved by the Joint Board in May, 2003, pursuant to the Consolidated Hearings Act. With respect to the NEPA, the Board ordered that the subject lands designated as Escarpment Rural area be amended to Mineral Resource Extraction Area and that the Permitted Uses under Part 1.9 MREA be amended (for Part Lot 12, Conc. 1, WHS and Part Lot 12, Conc. 2, WHS) to permit extraction to a maximum of 2.5 m above the water table. In Concession 1 WHS, the depth of extraction may be revised by 1.5 m above the established groundwater table as determined through the applicant's ten-year groundwater monitoring program. Any proposal to extract to a greater depth is not permitted unless by an amendment to the NEP.

5 Development Permit #78551P/E/ was issued in July, 2003 to extend an existing sand and gravel pit operation by ha (93.8 ac), on the subject lands (affecting both Concession 1 and 2, WHS licenses), as part of NEPA 126. Official Plan Amendment 164 involved re-designating the affected ands from Rural Area to Extraction Industrial 'A' Area. 3. Development Permit 2845lPlEl (Regan-Graham Limited) was issued by the Commission in May, 1986 pursuant to a Joint Board decision to establish a licensed pit, the installation of facilities accessory to the gravel processing operation and demolition of several existing buildings. BACKGROUND: Given the direction set out in the Joint Board Motion Decision on Nelson Aggregates Ltd. on accessory uses and their relationship to licensed sites (Case No April 23, 2010), the NEC formally requested that an amendment be filed. Now that the Amendment has been filed, the expectation is that the aforementioned DPA can be dealt with concurrently alongside the proposed Amendment since both require decisions under the NEPDA. Of note, the proponent did not agree with the position that the proposal required a NEPA, but did proceed to file the Amendment application. The Commission dealt with a Preliminaty Staff Report on January 20, to review whether the subject Amendment would constitute an "urban use" and'therefore be prohibited under Section 6.1 (2.2) of the NEPDA. This prohibition may be reconsidered in 2015 when the NEP is subject to its comprehensive review in conjunction with the Greenbelt Plan. The Amendment proposes a use related to mineral extraction on lands which are licensed and designated Mineral Resource Extraction Area. The amendment, as set out by the proponent;would not constitute an "urban use" in this particular instance for the following reasons: a The processing facility will serve two existing licensed sites owned by the same operator in very close proximity to one another (on opposite sides of Willoughby Road). This particular processing facility could not reasonably be located elsewhere such as in an industrial park within an urban area, given its integral relationship to the existing extraction operation. The existing lands within the MREA involve an on-going approved extractive use that can more efficiently be run as an integrated operation. The processing use will not extend the life of the pit(s) nor result in a delay to the progressive rehabilitation of the site. It may even result in a more efficient operation that reduces the time needed to finish extraction on the sites involved.

6 On this basis, the proposed amendment was not considered by staff to be an "urban use" as set out by the NEC in its June 16, 2005 Policy. Therefore, the Amendment application could be made and the NEC could consider the planning merits for its initiation under Section 6.1(2) of the NEPDA. In accordance with staff's recommendation, the Commission decided that: 1. Amendment PP be accepted under Section 6. I of the Niagara Escarpment Planning and Development Act and processing be initiated. The proposed application has been determined not to be for an urban designation or an urban use in the Mineral Resource Extraction Area of the Niagara Escarpment Plan. 2. The staff review the justification submitted with the application and return at a future meeting with a proposed Amendment to the Niagara Escarpment Plan addressing the accessory use exception requested in the proposed Graham Amendment. DESCRIPTION OF SITE(S) AND SURROUNDINGS: The West Pit lands (License No. 6622) are located between McLaren Road and Willoughby Road. The East Pit lands (License No. 6685) are located between Willoughby Road and Hurontario Street (Highway No. 10). Both properties are situated between Charleston Sideroad (to the north) and ~scarpment Sideroad (south). The sites are largely disturbed through the ongoing extraction and processing activities, with the exception of narrow strips of land located outside of the limits of extraction that consist of remnant agricultural fields, pit bufferslberms and rehabilitated slopes. The existing central processing plant and wash plant are located in the east part of the West Pit, which includes supplylsettling ponds, access road, scales, scalehouse, pumping equipment, pond fines storage areas, stockpile areas and excavationlhauling equipment. The plant is comprised of crushing, screening and loading equipment. A portable processing plant is located in the East Pit, which contains an elevated internal haul road (Irene Drive) that extends from Hurontario Street to Willoughby Road. The same haul road aligns with the entrance to the West Pit, at Willoughby Road. The East Pit also includes the former Smythe Pit. Existing aggregate extraction operations are located directly north, northeast and' northwest of both pits. A few residential properties and the Forks of the Credit Provincial Park (east boundary and park entrance) are situated west of McLaren Road. Several residential and residentiallagricultural properties are situated directly and indirectly south of both pits, most of which, are of considerable acreage. At least four of these lots directly abut the subject lands. With the exception of the surrounding aggregate operations, the aforementioned properties are located at higher elevations than the subject lands. The majority of the surrounding residences are situated in excess of 250 m (820 ft) from the pit boundaries, however at least three residences are located approximately 120 m (400 ft) from the southern boundary.

7 NIAGARA ESCARPMENT PLAN (NEP): The Graham Bros. lands are designated Mineral Resource Extraction Area (MREA) and Escarpment Rural Area. The portion of the ~raham Bros. lands affected by this proposed Amendment are confined to the MREA, which subject to the NEP1s Development Criteria, permits mineral extraction operations licensed pursuant to the Aggregate Resources Act. The permitted uses of the MREA designation limit crushing and washing facilities and similar processing activities normally associated with the mineral extraction operation, to the site on which the aggregate is extracted in order to be accepted as an accessory use. Accesson/ Use is defined in the NEP as the use of any land, building or structure which is subordinate to and exclusively devoted to the principal use located on fhe same lot. The use of off-site materials does notmeet the accessory polides and definitions of the. NEP. The accessory use issue in the NEP was the subject of a motion at the "Neison" Consolidated Joint Board hearing, and it was determined by the Board that accessory uses including processing facilities are confined to the site on which the aggregate materials being processed are extracted. Section 2.1 I Mineral Resources, Development Criteria states that the objective is to minimize the impact of new mineral extraction operations and accessory uses on the Escarpment environment. The subject aggregate operation(s) is not considered a new land use in this context, however, given the nature of the proposed operational changes the following criteria are considered to be applicable to the NEPA and DPA applications: Extractive operafions including wayside pits and quarries and haul routes shall not conflict with the following criteria: a] The protection of sensitive ecological, geological, historic and archaeological sites or areas. b) The protection of surface and groundwater resources. c) The maintenance of agricultural areas, in accordance with fhe Agricultural Policies of the Provincial Policy Statement (PPS). d) The minimization of the adverse impact of extractive and accessory operations on existing agricultural or residential development. e) The preservation of the natural and cultural landscapes as much as possible during extraction and after rehabilitation. The minimization of the adverse impact of extractive and accessory operafions on parks, open space and the existing and optimum routes of the Bruce Trail. The General Development Criteria under Section 2.2 will also be relevant to the proposal, which can be assessed in conjunction with processing of the NEPA and the DPA1s review.

8 AMENDMENT CONSIDERATIONS: Niagara Escarpment Planning and Development AcflNiagara Escarpment Plan Does the proposed NEPA satisfy the Purpose and Objectives of the NEPDAINEP? The Purpose of the NEPDA and NEP is: "To provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with the natural environment': The Objectives of the NEPDAINEP are: e e o o e o To protect unique ecologic and historic areas; To maintain and enhance the quality and character of natural streams and wafer supplies; To pro vide adequate opportunities for 'outdoor recreation; To maintain and enhance the open landscape character of the Niagara Escarpment in so far as possible, by such means as compatible farming or forestry and by preserving the natural scenery; To ensure that all new development is compatible with the purpose of the Act;, To provide for adequate public access to the Niagara Escarpment; and To support municipalities within the Niagara Escarpment Plan Area in their exercise of the planning functions conferred upon them by the Planning Act. The subject lands are presently designated and licensed for mineral resource extraction, with an active aggregate operation underway that consists of two licensed pits located in proximity. The current approvals provide for progressive rehabilitation and permit aggregate materials extracted from the East Pit to be imported to the West Pit for blending purposes only, both of which are ongoing activities. All of the necessary infrastructure has been established within the West Pit, capable of processing and blending the resource from both pits. The NEPA and DPA proposals do not require amendments to the local or regional official plans, or municipal site plan approval, and are consistent with the Provincial Policy Statement and Greenbelt Plan. If the current applications are successful, the proposed changes would be incorporated as site plan amendments to the respective Aggregate Resource Act (ARA) licenses. There has been extensive consultation and input on the proposal from the PLC,. including further Noise Control Recommendations that have been peer reviewed, confirming potential compliance with Ministry of the Environment's noise guidelines (the proponent will adhere to the recommendations). Of note, some of the area resident committee members have expressed concern regarding noise potential, particularly when the original plan to relocate the main processing plant to the East Pit would provide enhanced noise mitigation over the current situation.

9 In light of the foregoing considerations, the proposed Amendment can satisfy the Purp,ose and Objectives of the' NEPDAINEP. JUSTIFICATION FOR THE AMENDMENT: In accordance with Section 6.1(2.1) of the NEPDA, a justification for an Amendment must be provided, including any supporting documentation used in the preparation of the Amendment. It is noted that the Niagara Escarpment Commission's acceptance of an Amendment's justification at this juncture does not represent an endorsement of the Amendment application, as submitted. MHBC Planning Limited has submitted a comprehensive Justification Report on behalf of the proponent. The report outlines several factors that limit the proponent's ability to facilitate sufficient pit floor area in the East Pit to accommodate the relocation of the central processing plant: Restrictions on area and elevation for the central plant; Haul road configuration; Unextracted common boundary setback; Overburden stored in pit, ready to be used for future side slope rehabilitation; Volume of material to be extractedlmarket conditions; Area required for wash plant and settling ponds; Water taking for processing is an established and permitted use in Concession 2 that is presently occurring without adverse effects on water resources; Delays in completion of extraction in Concession 2 due to markets and nature of the deposit; and Increased need to blend materials from different portions of the deposit due to markets and nature of the deposit. Additional submissions related to the Amendment application include a Noise Control Recommendations Report, prepared by Aercoustics Engineering Limited, dated November 25, 2009 and the related Peer Review report prepared by Valcoustics Canada Ltd., dated January 21, CONCLUSION: The Amendment application has a planning justification. Additionally, staff is of the view that there is no apparent conflict with the Purpose and Objectives of the NEPDA and NEP. Further, there is no indication that the application, as filed, is not in the public interest, is without merit, is frivolous or vexatious, or made for the purpose of delay. In this respect, the NEC requested that the Amendment be made. Given the particulars applicable to the proponent's operations on the subject lands, juxtaposition of the licensed pits and the contributing circumstances that necessitate the Amendment application, staff notes a clear distinction between the current proposal and that of Nelson Aggregates Limited. Furthermore, the same circumstances can be considered unique in the context of an aggregate extraction operation. As such, the initiation of an Amendment for a site-specific exception to the NEP in this case, should not pose a concern with respect to a matter of precedent.

10 Sufficient. information and planning justification has been provided by the proponent to warrant the initiation of this Amendment application. RECOMMENDATION: The Niagara Escarpment Commission instruct staff, in accordance with this Report, to initiate the proposed Niagara Escarpment Plan Amendment PP (Graham Bros. Aggregates Limited) as set out in Appendix A attached, for circulation and notification, pursuant to Section 6.1 (2) of the Niagara Escarpment Planning and Development Act. ~lanrfr Manager

11 I I I I I I Conc. I :DON SAND iravtl INC. CALCDON PIT I I I AECON GROUP INC. OPERATED EY!AfARG[: CANADA INC CAEDON PITS LICENCE NO AECON GROUP INC. AKON g I I OPERATCD BY WARG: I Sl GROUP INC. CANADA INC. OPERATED BY fi CAUDON PITS I I LICENCE NO I I I - - OfilGlNAL UCfN5CD I \ Phase 2 I 3 I I h 81 A LEGEND --- Concession I Pit. Licence No LICENSED AREA t 35.4 r l ha. 1-1 r'-"l Concession 2 Pit, Licence No r-1 ~.,.j LICENSED AR" r 63.2ha. Graham Bras. *ggregates ;------I Limit of Extraction, Licences 6622 & 6685 Caledon Pits I ~ I (6622 t 50.3 ha.) a (6685 t 27.0 ha,) Pad 01 Lot 12. ConeeIsIOn182 Twn Of CallrdM, Repion dpw1 Lkence Nos Niagara Esca.ment Properly Bounday L - -l Plan Bounday FIGURE LOCATION PLAN

12 APPENDIX A THE PROPOSED NIAGARA ESCARPMENT PLAN AMENDMENT PP (Graham Bros. Aggregates Limited) FEBRUARY 17,201 1

13 >. TABLE OF CONTENTS PART A - The Preamble PART B - The Amendment - Schedule "A"

14 PART A - The Preamble PURPOSE: To amend the Niagara Escarpment Plan (NEP) to provide for a site-specific exception to the permitted uses of the Mineral Resource Extraction Area (MREA) designation on Part of Lot 12, Concession 1, WHS and Part of Lot 12, Concession 2, WHS in the Town of Caledon, Region of Peel to provide relief from the accessory use provisions of the designation to allow the processing of aggregate as part of an integrated operation occurring on two separate, but nearby sites that are owned and operated by the proponent and licensed under the Aggregate Resources Act. AREA: The lands subject to the proposed Amendment consist of the following: Part of Lot 12, Concession I, WHS (License No. 6685) has an area of k 35.4 ha (k 87.5 ac); Part of Lot 12, Concession 2, WHS (License No. 6622) has an area of k 63.2 ha ( ac). Total land area is approximately 98.6 ha (243.6 ac). THE APPLICANT: Graham Bros. Aggregates Limited BASIS: Under Section 6.1 (1) of the Niagara Escarpment Planning and Development Act, an amendment to the NEP may be made to the Niagara Escarpment Commission (NEC) by any person or public body. Graham Bros. Aggregates Limited (Graham Bros.) is seeking to maintain a central processing facility on its Concession 2, WHS license and also process materials from its Concession 1, WHS license (the current approvals require the phased relocation of the processing facility to Concession 1, WHS). The processing facility will remain in place for the duration of the operation, after which the lands will be finally rehabilitated. A Niagara Escarpment Development Permit has also been filed with the NEC for the purpose of site plan revisions to allow maintaining the central processing facility on its Concession 2, WHS license and for an increase to the previously approved maximum allowable disturbed area within each of the licensed pit areas.

15 PART E3 - The Amendment The Niagara Escarpment Plan is amended as follows: 1 Notwithstanding Permitted Use 9 of the Mineral Resource Extraction Area Policies under Section I.9, the following exception is added, as Permitted Use 19: 19. Notwithstanding permitted use 9, the opertation of a central aggregrate processing facility on Part of Lot 12, Concession 2, WHS, Town of Caledon, Region of Peel for the duration of the extraction operation to process aggregate materials from Part of Lot 12, Concession 1, WHS, Town of Caledon, Region of Peel, after which all of the lands in Lot 12, Concessions 1 and 2, WHS will be rehabilitated and the processing facility removed.

16 LO1 14 CON I W ' LOT I3 MAP SHOWING PROPOSED AMENDMENT PP n~mendment Boundary Plan Designations Escarpment Rural Area (Except~on to the Mineral Resource. Extractton Area Lands) 4 Escarpment Natural Area Mineral Resource Extraction Area. Tie NwmaEsuponRanosarar*w stwmmmsmpon~eondsatwi ,000