TERMS AND CONDITIONS OF APPROVAL. Nova Scotia Environment. Approval

Transcription

1 NOVA SC1TIA Environment APPROVAL Province of Nova Scotia Environment Act, S.N.S , c.1 APPROVAL HOLDER: Scotian Materials Limited SITE PlO: APPROVAL NO: EXPIRY DATE: September Pursuant to PartVof EnvironmentAct, S.N.S , c.1 as amended from time to time, approval is granted to Approval Holder subject to Terms and Conditions attached to and forming part of this Approval, for following activity: Construction, operation and reclamation of a Quarry. and associated works, at or near Perrin Drive. Colts. Halifax Regional Municipality in Province of Nova Scotia. Administr/1)Date Signed.4&%/ tc/ Name (please print) Norma Beni4ett The Minister has delegated his powers and responsibilities under Act with respect to this Approval to Administrator named above. Therefore any information or notifications required to be provided to Minister under this Approval can be provided to Administrator unless orwise advised in writing.

2

3 TERMS AND CONDITIONS OF APPROVAL Nova Scotia Environment Approval Holder: Project: Site: Scotian Materials Limited Quarry Perrin Drive, Goffs, Halifax Regional Municipality PID # Approval No: File No: OBED MapSeries: 11D/14 Grid Reference: E N Reference Documents: dated - Application May 29, 2015 and - Monitoring Plan for Effects of Quarry Development on Wetland Habitat by Golder Associates and July 21, ( and Golder report) to dated August 10, prepared Correspondence attachments. dated NavCanada 1. Definitions a) Abandonment means cessation of production of twelve (12) months, authorized by Minister. unless aggregate for a period of b) Act means Environment Act, 1 of Acts of , and includes, context orwise requires, all regulations made to Act. pursuant unless Chapter c) Active Area means working face and area associated required to works. operate a quarry and includes d) Administrator means a by Minister for this Act, and includes an acting administrator. person appointed purpose of

4 -3- e) Approval means an approval issued pursuant to this Act with respect to an activity. f) Associated Works means any building, structure, processing facility, pollution abatement system or stockpiles of aggregate (material) associated with Facility. g) Department means Western Region, Bridgewater Office, of Nova Scotia Environment located at following address: Nova Scotia Environment Compliance Division Central Region, Bridgewater Office Suite 115,30 Damascus Road, Bedford, Nova Scotia, B4A OC1. Phone: (902) Fax: (902) h) Disturbed Area means any area on a quarry site that has been stripped of vegetation and is susceptible to erosion. i) Extension means an increase in size, volume or or physical dimensions of an activity such that increase may cause an adverse effect if not properly mitigated. j) Facility means Quarry and associated works. k) Minister means Minister of Nova Scotia Environment and includes any person appointed as a designate of Minister. I) Modification means a change to an activity that may cause an adverse effect if not properly mitigated an includes, but is not limited to, expansion of same process, addition of product lines and replacement of equipment with different technology or than that presently in use. m) Reclamation means work performed or to be performed in accordance with an approved plan, and includes rehabilitation of a site or facility. n) Site means lands where an activity or proposed activity will take place.

5 construction, a hospital, and a nursing home, etc. industrial or landfill effluent, an industrial building, infrastructure or apartment building, a school, a church, a commercial building cia treatment facility associated with treatment of municipal sewage, o) Structure includes but is not limited to a private home, a cottage, an r) Wetland means land commonly referred to as a marsh, swamp, fen or bog i) Environment Act S.N.S , ci, as amended from time to ii) Regulations pursuant to above Act, as amended from time to time; time; accordance with following provisions: a) The Approval Holder shall construct, operate and reclaim Facility in 3. General Terms and Conditions application and supporting documentation. c) The Site and/or Facility shall not exceed area as outlined in for industrial approval dated May 29, 2015 and supporting documentation. b) The Facility shall be constructed and operated as outlined in application a) This Approval ( Approval ) relates to Approval Holder and ir application and supporting documentation, as listed in reference or near Perrin Drive, Goffs, Halifax Regional Municipality ( Site ). documents above, to construct, operate and reclaim Facility, situated at 2. Scope of Approval processes as indicated by presence of poorly drained soils, hydrophytic land s surface or that is saturated with water, and sustains aquatic vegetation and biological activities adapted to wet conditions. that eir periodically or permanently has a water table at, near or above all groundwater. within jurisdiction of Province, wher it contains water or not, and pond, spring, lagoon, or or natural body of water, and water rein, q) Watercourse means bed and shore of every river, stream, lake, creek, water, groundwater and coastal water. p) Water Resource means all fresh and marine waters comprising all surface -4

6 -5 Hi) Nova Scotia Environment 2003, or latest version approval. unless and Labour Pit and Quarry Guidelines, orwise varied by condition of b) No authority is granted by this Approval to Approval Holder to construct, and reclaim Facility on lands which not in control or ownership of Approval Holder. It is responsibility of Approval Holder to such a contravention not occur. operate ensure that c) If is a and conditions of this Approval, shall apply. re request discrepancy between d) Any for renewal or writing, to Department, at expiry. extension least enable does reference documents terms are and and conditions of this Approval terms of this Approval is to be made in ninety (90) prior to Approval days e) The Minister may modify, or add conditions to this Approval at any time to Section 58 of Act. pursuant amend f) This Approval is not transferable without consent of Minister. g) i) If Minister any or all of and conditions Minister may or 58A(1) and 58A(2) of Act, until time satisfied that all and conditions have determines that re has been terms cancel terms contained suspend Approval such non-compliance with in this Approval, to Minister is met. pursuant as been subsections N) If Minister or this Approval, Approval Holder subject to penalty provisions of Act and regulations. remains cancels suspends h) The Approval Holder shall notify prior to any or modification to Facility, including, but not limited to, active operating or waste disposal practices which not granted this Approval. An to this Approval may be required before implementing any extensions area, are Department area, process changes under change. amendment proposed i) Extensions or modifications to Facility may be to Environmental Assessment Regulations. Written approval from Minister may be required before implementing any change. subject

7 6 j) Pursuant to Section 60 of Act, Approval Holder shall submit to Minister any new and relevant information any effect actually results, or may potentially result, from any activity to which Approval and that to attention of Approval Holder after of Approval. that relates issuance comes respecting adverse k) The Approval Holder shall immediately notify incidents of non-compliance with this Approval. Department of any I) The Approval Holder shall all environmental monitoring required Approval. bear expenses under m) Unless specified orwise in this Approval, all collected by this Approval shall be collected, qualified in procedures. personnel, incurred in carrying out and conditions of this terms samples preserved accordance with recognized industry required to be and by and analysed, standards n) Unless written authorization is received orwise from Minister, all required by this Approval shall be by a laboratory that of Department s Policy on Acceptable Certification of Laboratories from time to time. samples meets requirements o) The Approval Holder shall Site at all times and fully of Approval. are made aware as amended ensure that personnel terms analysed that this Approval, or a copy, is kept on directly involved in Facility and conditions which pertain to this operation p) The Approval Holder may be required to register ir project Part IV of EnvfronmentAct should Facility and works, including an of four (4) access roads, exceed area hectares. associated under q) Upon any to Registry of Joint Stock Companies Approval Holder shall provide a copy to Department. changes information, 4. Surface Water a) The Site shall be and maintained to prevent from being into a watercourse, wetland, water or beyond property boundary, in of following criteria: contaminants resource, developed discharged excess surface water i) Total Suspended Solids: Clear Flows (Normal Background

8 -7- Conditions) 1) Maximum increase of 25 mg/i from background levels for any short term exposure (24 hour or less); 2) Maximum average increase of 5 mg/i from background levels for long term exposure (inputs lasting between 24 hours and 30 days); ii) iii) Total Suspended Solids: High Flow (Spring Freshets and Storm Events) 1) Maximum increase of 25 mg/i from background levels at any time when background levels are between 25 mg/i and 250 mg/i; 2) Maximum increase of 10% over background levels when background is >250 mg/i; ph (Outfall) 1) Maximum 5 to 9 in grab sample; 2) Maximum 6 to 9 as a Monthly Arithmetic Mean; b) The Approval Holder shall ensure surface water is monitored at following locations and frequency: i) Monitoring Locations 1) SM-i Effluent Discharge prior to release from Facility or Site. SM-2 Upstream of Facility on unnamed stream east of Facility. SM-3 Downstream of Facility on unnamed stream east of Facility. ii) Monitoring Frequency 1) Monthly during discharge events or at request of Department. c) Erosion and sedimentation control devices shall be installed prior to construction at Site and shall remain in place and be maintained until disturbed areas are stabilized.

9 not limited to, monitoring locations, monitoring frequency, contaminants of e) No authority is granted by this Approval to enable Approval Holder to concern, and surface water criteria. d) The Department reserves right to require modifications including, but using a High Volume (HV) Sampler. Air for Total Suspended Particulate Matter (5PM) and PM10 shall be done accordance with EPA standard; EPA/625/R-96/01 Oa; Sampling of Ambient d) When requested, suspended particulate matter shall be measured in Site. for total suspended particulate matter will be established by a qualified for approval; this may include point(s) beyond property boundary of at request of Department. The location of monitoring station(s) person retained by Approval Holder and submitted to Department c) Monitoring of ambient total suspended particulate matter shall be conducted b) The use of used oil as a dust suppressant is prohibited. Annual Geometric Mean 70 ug/m3 boundaries: micrograms per cubic metre of air) at or beyond Site property total suspended particulate matter that exceed following limits (in a) Particulate emissions shall not contribute to an ambient concentration of 5. Particulate Emissions (Dust) Material Disposal Regulations. sulphide bearing material be encountered on Site and shall include planned remedial measures in conformance with Suiphide Bearing f) The Approval Holder shall immediately contact Department should DaiLy Average (24 hr.) 120 %cgim3 ensure authorizations are current and valid. affected landowner(s). It is responsibility of Approval Holder to discharge surface water onto adjoining lands without authorization of 8

10 -9-6. Sound Levels a) Sound levels measured at Site property following equivalent levels (Leq): sound boundaries shall not exceed Leq 65 dba hours 60 ciba hours 55 dba hours b) Monitoring of sound levels shall be at of Department. The location of monitoring station(s) for sound will be by a qualified retained by submitted to Department for approval; this may include point(s) beyond property boundary of Site. established person conducted request Approval Holder and 7. Groundwater a) The Approval Holder shall replace at ir lost or a result of extracting has been damaged as expense any water supply which aggregate. b) The Approval Holder shall notify prior to excavating below water table. An to this approval from Minister may be required before excavating below water table. amendment Department and/or written approval c) If so directed by Department, Approval Holder shall be required to and implement a prepare groundwater monitoring program. 8. Separation Distances a) The Approval Holder shall not locate Active Area of following orwise condition of approval: separation distances unless exempted Site within or varied by I) 30 m of of a public or common highway; U) 30 m of bank or ordinary high water mark of any watercourse or wetland; Ui) 30 m of property boundary which not form part of Site active area. boundary does

11 Approval: permission from property owner of structure on or before date of distances unless Approval Holder has obtained written letters of b) The Approval Holder shall not blast within following separation exceeded: concussion and ground vibration to ensure that limits in Table 2 are not e) The Approval Holder shall ensure that all blasts are monitored for Province, or on any day between 1800 and 0800 hours. d) No blasting shall occur on Sunday, on a statutory holiday prescribed by proposed blast. record climatic conditions prior to conducting any blasting. No blasting c) The Approval Holder shall call nearest wear office, to assess and by Department staff. 800 metres of point of blast including a water quality analysis of any blasting on Site. Additional water quality parameters may be required wells serving se structures. The survey shall be conducted in Survey and results of this survey sent to Department prior to accordance with Department s Procedure For Conducting a Pre-Blast b) The Approval Holder shall conduct a pre-blast survey of all structures within cease blasting. copy of blast design. concussion limits in this Approval can be achieved. a) (i) The Approval Holder shall have a technical blast design prepared by a qualified person which ensures ground vibration and air 9. Blasting approval is received from Approval Holder. separation distance following date of which an application for shall not apply to structures which are placed within 800 metre i) 800 m of foundation or base of a structure located off site. This (ii) At request of Department, Approval Holder shall submit a (Hi) At direction of Department, Approval Holder shall modify or will be permitted if rmal inversion conditions are anticipated at time of

12 11 Table 2 Parameters Concussion (Air Blast) Maximum Blasting Limits Monitoring Monitoring Station Frequency 128 dbl Every Blast Within 7 m of not located on Site Ground 0.5 in/sec Every Blast Below Vibration (12.5 mmls) grade stnictura grade nearest structure or 1 m in any part of not located on Site less than above nearest f) The monitoring station for blasting shall be indicated in Table 2. Additional monitoring for blasting may be specified required by Department. stations as as g) (i) An annual Department. summary of results of monitoring shall be submitted to (H) The Approval Holder shall submit a record of individual blast results if so directed by Department. 10. ReclamationlSecurity a) The Approval Holder shall post an interim security in a form in of per of on or before November 2, Department area amount $6, hectare acceptable proposed to b) The interim security shall not in writing by Administrator. exceed one (1) year unless orwise agreed c) The Approval Holder shall submit a rehabilitation plan to Department for review by 2, The rehabilitation plan shall be revised and every and submitted for review. The rehabilitation plan shall include total cost for labour, equipment, and of a third party contractor to following activities: i) contouring H) establishing Hi) revegetation work iv) any work to reclaim quarry updated September three years reafter supplies surface services proper drainage necessary estimated undertake

13 d) i) Before expiry of interim security, Approval Holder shall post a reclamation security which shall be calculated using reclamation plan and factors listed above. The reclamation security shall be revised every three years in accordance with revised reclamation plan. ii) The reclamation security shall be posted in a form and value which is acceptable to Department. In no case shall value be less than $6250 per hectare. e) The Approval Holder shall reclaim Site within twelve (12) months of abandonment and in accordance with latest reclamation plan submitted by Approval Holder unless an alternate time frame is provided by Department. f) The Department shall release security to Approval Holder after final reclamation of Site has been completed to satisfaction of Minister. The Approval Holder shall notify Department when reclamation has been completed. g) The Approval Holder shall ensure that any security posted for reclamation be kept valid for term of Approval. The expiry date of Security shall be automatically renewed or coincide with expiry date of Approval. 11. Site Specific Conditions a) The boundaries of Facility will be adequately marked, cutout and/or clear of new growth. Permanent visible markers shall be placed at changes in direction and be no more than 100 metres between markers along Facility boundary. b) The Approval Holder shall be required to establish a Community Liaison Committee (CLC) at direction of Department. c) Refueling and vehicle maintenance shall only be carried out in a designated refueling area where conditions will allow containment of any accidental spills. d) The surface of refueling area shall be comprised of low permeability material and shall be sloped or bermed in such a way that spills will be captured prior to encountering a watercourse, wetland or water resource.

14 e) (I) The Approval Holder shall implement a wetland monitoring program on in report July by Colder Associates and entitled Monitoring Plan for Effects of Quarry Development on Wetland Habitat. Wetlands WL3,WL4and WL5 prepared as described dated (U) The Approval Holder shall to of blasting commencement complete baseline wetland monitoring prior operations. (iii) The Approval Holder shall submit of completion work. Department within 60 days baseline wetland survey results to (iv) The Approval Holder shall surveys to previous compare complete years. annual wetland surveys and (v) (vi) The Approval Holder shall and report format. measurements complete results quarterly wetland water level in a chronological spreadsheet Should results indicate that a significant alteration in wetland habitat function occurred, Approval Holder shall provide specified by Department. and/or has necessary wetland mitigation measures and/or compensation 12. Reporting a) The Approval Holder shall provide an Annual Report summarizing following information, by terms and conditions of this approval, year: each calendar as requested i) A summary of results of any monitoring carried out section 4 (Surface Water) of this approval with an interpretation of results. under U) A summary of results of any monitoring carried out (Blasting) of this approval with an interpretation of results. under section 9 Hi) wetland monitoring results carried out under A summary of section 11 (Site Specific Conditions) of this approval with an interpretation of results. Hi) A summary of any monitoring carried out upon Department. request by

15 advising Department of this. request by Department, n Annual Report is to be submitted monitoring is carried out due to lack of discharge events and/or lack of following calendar year of operation. c) If no blasting takes place during calendar operating year and no b) The Annual Report shall be submitted to Department by February