3.0 Natural Resource Management Policies. 3.4 Resource Extraction Policies

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1 3.0 Natural Resource Management Policies Mineral Aggregates INTRODUCTION Oxford County is characterized by significant reserves of mineral aggregates, including bedrock-derived crushed stone and naturally occurring sand and gravel. The presence of high quality aggregate deposits has led to the establishment of significant quarrying and sand and gravel extraction industries in the County. Oxford County has consistently ranked high in total mineral aggregate production in Ontario and plays a particularly important role in mineral aggregate production in the Windsor-Woodstock corridor. This is due in large part to the extensive deposits of high calcium limestone in Zorra Township which are recognized as the thickest, most uniform and purest limestone in Ontario. This resource contributes approximately 40% of the total Ontario production of lime and 10% of the total Ontario production of cement. Since mineral aggregates are a fixed location, non-renewable resource, their effective management is essential. It is equally important to ensure that mineral aggregate extraction is environmentally responsible. The challenge facing Oxford County is to balance the competing priorities for the protection of the mineral aggregate resources for future extraction and the need to maintain agricultural and environmental resources. While the County is a major producer of mineral aggregates for the local, area and provincial markets, the locations where the mineral aggregate resources have been identified are, for the most part, overlain by prime agricultural lands. Some of this resource is also associated with environmental features, including sensitive groundwater resources, and with planned settlement development. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-1

2 Policies for mineral aggregates in this Plan have therefore been formulated with regard to Provincial Policy Statements, which establish that all parts of Ontario possessing mineral aggregate resources share a responsibility for meeting future provincial demand. Consideration has also been given to Provincial policies requiring strong agricultural land use policies in prime agricultural areas, policies which protect environmental resources and policies which require adequate urban land supplies. GOAL The County of Oxford recognizes that mineral aggregate extraction will continue to be an important industry in the economy of the County and will endeavour to protect existing operations and mineral aggregate resources from incompatible land uses while ensuring that extraction is carried out with minimal social and environmental cost Strategic Approach In keeping with Provincial Policy, the strategic aim of County Council and the Area Councils is to: RECOGNIZE IMPORTANCE IDENTIFICATION AND PROTECTION OMB Modification January 11/98 ORDERLY EXTRACTION COMPATIBILITY WITH AGRICULTURE Recognize the importance of mineral aggregates as essential nonrenewable natural resources and to ensure the wise management of these resources. Provide for the identification and protection of existing approved licensed pits and quarries and aggregate resources in the County, as is practical in the context of the County's other land use planning objectives. In particular in those areas of high quality sand and gravel and limestone resources identified on Appendix 2 where there is a high potential for extraction, proposed land uses and development in proximity to such resources will be evaluated having regard to the potential land use conflict with existing or future extraction. This Plan incorporates criteria which identify the area within which land use conflict issues must be considered in the context of development proposals in Section and Ensure the orderly extraction and optimum utilization of the quarry (limestone) and sand and gravel resources to provide for local and regional needs and to contribute to provincial needs while minimizing any negative environmental, financial, social and land use effects on the County and its residents. Ensure that as much prime agricultural land as possible in the quarry (limestone) resource area is kept in agricultural production for as long as possible and that extraction occurs in a co-ordinated and progressive manner. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-2

3 COMPATIBILITY WITH ENVIRONMENTAL FEATURES COMPATIBILITY WITH SETTLEMENT USES OMB Modification January 11/98 REHABILITATION Ensure to the greatest possible extent, that extraction does not have permanent adverse effects on environmental features such as woodlands, wetlands surface water features or groundwater. Negative effects on environmental resources during extraction will be minimized by the incorporation of mitigating measures and best management practices in all pit or quarry license applications, pursuant to the Aggregate Resources Act, for new or expanding operations. Positive improvements to the quality and/or amount of environmental resources will be achieved through rehabilitation measures. Ensure that where the aggregate resources identified on Appendix 2 and settlement areas identified on Schedule C-3 are located in proximity to one another, measures are incorporated in all new pit or quarry license applications pursuant to the Aggregate Resources Act, including new operations and expansions to existing operations, and through the design and phasing of the development within the settlement area, to minimize potential conflict between existing and potential aggregate resource extraction and settlement uses. This Plan incorporates criteria which identify the area within which land use conflict issues must be considered in the context of new or expanded aggregate extraction proposals in Section Ensure that rehabilitation of pits and quarries is carried out in an environmentally sensitive manner to an appropriate after-use which is consistent with the long-term intent of this Plan Land Use Designations and Mapping EXTRACTION AREAS QUARRY AREA County Council and Area Councils recognize the identification and protection of mineral aggregates in the County by identifying the location of these resources on the Schedules and in the Appendices to this Plan, and by designating land for extraction purposes. Specifically the following measures have been adopted to identify and protect mineral resources and to facilitate extraction: Lands designated on Schedules Z-1 and S-1, as Quarry Area are those lands associated with the high purity calcium limestone resource which may be proposed for quarry extraction during the lifespan of this Plan. Lands designated Quarry Area include the existing licensed areas as well as land which may be required for new licenses. Revisions to Schedules Z-1 and S-1, which add or extend the Quarry Area boundaries, require an amendment to this Plan. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-3

4 LIMESTONE RESOURCES The area shown on Appendix 2-1, as the Limestone Resource Area identifies those lands where a quarry (limestone) resource has been identified by the Province. Appendix 2-1 identifies lands where possible future extraction activity may be proposed through an Amendment to this Plan. The Limestone Resource is also identified on Schedules Z-1 and S-1. This identification is for information purposes only and does not represent a land use designation. Policies for development in this area have been formulated to minimize possible conflicts between future quarry (limestone) extraction and other land uses. The boundary of the Limestone area on Appendix 2-1 and the Limestone Resource on Schedules Z-1 and S-1 may be revised or additional lands may be identified to reflect other areas of high potential quarry (limestone) extraction if more detailed information becomes available. SAND AND GRAVEL EXTRACTION The extraction of sand and gravel and mineral aggregate resources other than limestone extraction is permitted within the Agricultural Reserve, Open Space and the Quarry Area designations on Schedules B-1, E-1, N-1, S-1 and Z-1. Lands currently licensed for sand and gravel extraction are identified as Licensed Pits in Appendix 2-2. It is intended that Appendix 2-2 will be updated as new sand and gravel operations are licensed or revisions to existing licenses occur which add or extend the boundaries of licensed pits, following the approval of an amendment to the Zoning By-law and the subsequent issuance of a license by the Ministry of Natural Resources. SAND AND GRAVEL RESOURCE AREA In addition to the Licensed Pits shown in Appendix 2-2, the areas identified in Appendix 2 as Sand and Gravel Resource Area are those lands where there is a high potential for sand and gravel extraction. A Sand and Gravel Resource Area identification indicates geological information and possible future extraction activity areas. Policies for development in these areas have been formulated to minimize possible future conflicts between sand and gravel extraction and other uses. The boundary of a Sand and Gravel Resource Area may be revised or additional lands may be identified as Sand and Gravel Resource Area without amendment to this Plan, to reflect other areas of high potential sand and gravel extraction, if more detailed information becomes available. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-4

5 Limestone Resources OBJECTIVES RECOGNIZE EXISTING OPERATIONS AVAILABILITY OF RESOURCE CO-ORDINATED EXPANSION TO MAXIMIZE AGRICULTURAL LAND USE REHABILITATION To recognize legally existing quarry operations in the Quarry Area and provide for their continued operation by protecting them from incompatible land uses. Existing quarry operations licensed under the Aggregate Resources Act will be zoned for extraction in the Zoning By-Laws of the Area Municipalities. To ensure the availability of the significant quarry (limestone) resource in the County and provide protection from incompatible land uses. To provide for the co-ordinated expansion of extraction areas as required and to retain as much prime agricultural land as possible in agricultural production where the limestone resource exists until it is required for extraction. To ensure quarry extraction is viewed as an interim use of land and to promote comprehensive and integrated rehabilitation within and between licences providing significant social and environmental benefits to the County Limestone Resources Uses Permitted and Prohibited PERMITTED USES IN THE QUARRY AREA Within areas designated Quarry Area on Schedules Z-1 and S-1, the predominant use of land shall be for the extraction and processing of limestone, including the manufacture of lime and cement, asphalt and concrete batching plants and all accessory and ancillary uses such as crushing, processing, washing, manufacturing, stockpiling, the storage, processing and handling of recycled aggregates. The manufacturing, processing, mixing, storage and handling of products requiring the mineral aggregate resources extracted from the licensed area shall also be permitted as well as any associated buildings and structures as may be required. Any operations incidental to progressive rehabilitation of the lands are also permitted. Above-ground storage tanks for the storage of petroleum products are permitted as an accessory use, under the control of the Technical Standards and Safety Act, as amended and the Liquid Fuels Handling Code (2001), as amended. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-5

6 Agriculture and the management of natural resources such as forestry, fish and wildlife shall be permitted within the Quarry Area provided these uses do not preclude the future extraction of limestone. Sand and gravel extraction shall be permitted within the Quarry Area designation subject to the policies of Section PERMITTED USES IN THE LIMESTONE AREA OMB Modification April 17/98 PROHIBITED USES OMB Modification April 17/98 On lands identified within the Limestone area on Schedules Z-1 and S-1 and Appendix 2-1, the uses permitted shall include the uses permitted in the underlying Agricultural Reserve or Open Space land use designation, unless specifically prohibited. New commercial and industrial uses, non-farm rural residential and active recreational uses shall not be permitted within the Quarry Area designation on Schedules Z-1 and S-1 and within the Limestone Resource Area on Appendix 2-1. Notwithstanding this policy, commercial and industrial development, non-farm rural residential and recreational uses may be permitted by amendment to this Plan where extraction has been completed and where rehabilitation is occurring subject to the rehabilitation policies of this Section. New quarry operations shall not be permitted within the 100-metre (328 foot) radius and the 0 10 year time-of-travel zones of municipal Well Head Protection Areas. For the purpose of this policy, new refers to quarry operations that are not yet designated, zoned and licensed. ALL USES ZONING Uses permitted within the Quarry Area designation and the Limestone Resource Area will comply with the Environmental Resource Protection policies and Environmental Constraints policies of Section 3.2. The Zoning By-Law of the Area Municipality shall be structured to recognize the existence of underlying limestone resource in the Quarry Area designation and its possible future extraction. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-6

7 Development Review Policies for Limestone Resources PLANNING APPLICATIONS REQUIRED IN THE QUARRY AREA DESIGNATION PLANNING APPLICATIONS REQUIRED IN THE LIMESTONE AREA ON APPENDIX 2-1 OMB Modification April 17/98 POLICIES AND REVIEW CRITERIA AMOUNT OF LAND AREA IMPACTS AND CUMULATIVE IMPACTS OMB Modification April 17/98 New quarry licenses in the Quarry Area designation will require a Zoning By-law amendment to be passed by the Area Council in addition to the requirements for a license under the Aggregate Resources Act. No Zoning By-Law amendment for a new quarry license shall be passed until such time as the County advises the Area Council that the policies of this Plan relating to the potential adverse effects on the quantity and quality of groundwater and municipal water supplies have been satisfied. Prior to rezoning land to permit new quarry operations, the County and the Area Municipality will be satisfied that the policies of this section are satisfied. New quarry licenses for lands identified as being subject to the Limestone Resources on Schedules Z-1 and S-1 and Appendix 2-1 will require an amendment to this Plan to re-designate such lands from the underlying land use designation to the Quarry Area designation. Prior to approving any such amendment, County Council will be satisfied that the policies of this section are satisfied. The following policies and review criteria will be applied to proposals for new or expanded quarry licenses prior to approving the implementing Zoning By-Law amendment and/or Official Plan amendment as applicable. County Council and/or the Area Council will ensure that the amount of land proposed for re-designation or rezoning, while meeting the needs of the industry, is not excessive in size. The impacts of the proposed quarry or quarry expansion and the cumulative impacts of multiple quarry extraction activities are assessed and found to be acceptable to the satisfaction of County Council and/or the Area Council, relative to: the potential adverse effects on the quantity and quality of surface water and groundwater, and on domestic and municipal water supplies and on groundwater recharge and discharge areas; the impact on the natural environment including environmentally significant features, wildlife and environmental constraints as identified in this Plan or during the development review process; Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-7

8 the impact upon land uses in the surrounding areas in terms of the potential adverse effects on air quality through dust and particulate emissions and noise and vibration levels; truck traffic and potential impacts on County and Area Municipal road systems. For the purpose of this policy, the geographic area and the time period for cumulative impact assessment shall be established by the County during pre-consultation with the proponent, the Area Municipality, the Province and affected landowners. LICENSING REQUIREMENTS Confirmation from the Ministry of Natural Resources that, in its assessment of the proposed quarry, the Ministry is satisfied: that quarry extraction is appropriate and feasible at the proposed location; that the licensing requirements of the Aggregate Resources Act have been met, and that the Ministry would be in a position to issue a license for quarry extraction subject to appropriate land use policies and/or zoning being in place. NOISE, DUST, VIBRATION OMB Modification April 17/98 Confirmation that all the requirements of the Ministry of the Environment with respect to noise, vibration, particulate and dustrelated concerns, have been satisfied. WATER AFTER-USE REHABILITATION - NET ENVIRONMENTAL GAIN Confirmation that all the requirements of the Ministry of Environment and the Conservation Authority with jurisdiction with respect to relevant environmental concerns relating to surface and groundwater quality and quantity have been met. The proposed after-use is in conformity with the After-Use Priorities and Rehabilitation Policies of Section and is compatible with existing and proposed land uses in the surrounding area. County Council and/or the Area Council is satisfied that the proposed rehabilitation scheme will provide net environmental gain in accordance with the policies of Section Net environmental gain results in a positive contribution to the state of the natural environment as a result of rehabilitation initiatives associated with extraction. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-8

9 FEASIBILITY OF REHABILITATION Confirmation that the proposed rehabilitation scheme is technically feasible, environmentally sound and is capable of being implemented. County Council and/or the Area Council shall require confirmation from the appropriate Ministry(s) and/or qualified individuals retained on behalf of the County or Area Municipality that the proposed rehabilitation is feasible and will not result in adverse effects on the environment Information Requirements and Evaluation INFORMATION TO ASSIST IN EVALUATION In reviewing an application to amend the Official Plan and/or Zoning By-law to provide for a new or expanded quarry operation, County Council and/or the Area Council will require submission of the following information, prepared at the expense of the proponent: The site plans consisting of the Existing Features Plan, Operational Plan and Progressive Rehabilitation and Final Rehabilitation Plans as required under the Aggregate Resources Act, The report and any technical studies required under the Aggregate Resources Act as part of an application for a Class A license, Assessments and information to address the policies and review criteria of Section ; The confirmations from Provincial Ministries and other agencies as outlined in Section CONSULTATION County Council and/or the Area Council shall consult with Provincial Ministries, the Conservation Authority with jurisdiction or any other agency or body or qualified individual deemed appropriate and necessary for the purpose of evaluating a development application in support of a new or expanding quarry operation and the supporting information/documentation required by the policies of this Plan. Any costs resulting from such consultation will be charged to the proponent as part of the fee structure for the development review process. Chapter 3 Natural and Cultural Resource Management Policies Page 3.4-9

10 After-Use Priorities and Rehabilitation Policies AFTER USE PRIORITIES AGRICULTURE AND AQUACULTURE OMB Modification April 17/98 CONSERVATION/ PASSIVE RECREATION In recognition that a significant proportion of the limestone resource in Oxford County is overlain by prime agricultural areas, County Council has established the following after-use priorities where quarry extraction occurs on these lands: Rehabilitation of the lands to agricultural uses is the first priority, where this is technically feasible. Where rehabilitation to agriculture is achievable, such rehabilitation will be carried out whereby substantially the same areas and same average soil quality for agriculture are restored. Notwithstanding this requirement, where surface natural resources such as woodlands, wetlands and surface water features are situated on prime agricultural lands and would be removed by extraction, the first rehabilitation priority is to replace these features. Where it can be shown that it is not feasible to return the lands to Classes 1 to 3 agricultural capability, according to the Canada Land Inventory, and in keeping with the principle of net environmental gain as established in this Section, second priority shall be given to rehabilitation which provide significant social and environmental benefits, including but not limited to the following: wetlands systems wildlife habitat and linkages reforestation surface water systems passive recreation. OTHER USES In recognition that there may be specific areas where rehabilitation to agriculture or conservation/passive recreation purposes may not be feasible or appropriate given surrounding land uses, County Council and Area Councils may consider after-uses for commercial and industrial development, active recreation or non-farm residential development. Agriculturally related after-uses as set out in Section shall be permitted through an amendment to the Zoning By-Law. Uses which are not related to agriculture may be considered provided that: an Official Plan amendment will be required; the proposal is in conformity with the other applicable policies of this Plan for the use(s) proposed; Chapter 3 Natural and Cultural Resource Management Policies Page

11 the proposal is compatible with existing and proposed surrounding land uses; the proposal results in a positive impact to the state of the natural environment; and proposed environmental improvement initiatives are consistent and integrated with rehabilitation schemes on adjacent properties and are compatible with any existing natural areas on site or in the vicinity. REHABILITATION Rehabilitation which is considered to be a net environmental gain will result in increased biological diversity, system function, wildlife habitat and in the creation of environmental features such as wetlands, water systems and wooded areas. The following initiatives will be promoted through rehabilitation schemes for extraction operations to achieve a net environmental gain: enhancements to groundwater recharge and discharge, where feasible; where practical and desirable, given the location of extraction, interconnections between rivers, flood plain pools and wetland linkages will be created to enhance both on and off-site aquatic habitat; biological diversity - the expansion of fish, amphibian, reptile, mammal, insect, bird and vegetation variety, will be enhanced through rehabilitation by techniques such as topographic variation, creation of micro-climatic zones, providing standing or flowing surface water on a permanent or seasonal basis, providing water bodies that incorporate shallows for fish habitat and reproduction and which have uneven bottoms and low angled, sinuous shorelines, islands and peninsulas to increase the land/water interface. Other measures include the use of native species, natural succession supplemented by clustered planting and the use of a variety of soil types and overburden types; where practical, rehabilitation shall be implemented to be beneficial to improved water quality and the creation of other natural features such as wetlands and upland forests. Chapter 3 Natural and Cultural Resource Management Policies Page

12 INTEGRATED REHABILITATION Where practical and technically feasible, the proposed rehabilitation schemes and after-use of adjacent licensed areas will be compatible and complementary. Such rehabilitation will be integrated with adjacent approved schemes on the basis of: final elevations of the land, the compatibility and consistency of biological improvements, linkages between water features, compatibility of surface drainage systems phasing strategy. Where integrated rehabilitation plans between multiple licenses are approved, County Council and Area Councils will support mutual extraction to the shared licence boundary. OBJECTIVES EXISTING OPERATIONS AVAILABILITY OF RESOURCES EXPANSION OF EXISTING PITS REHABILITATION TO AGRICULTURE LAND USE COMPATIBILITY OMB Modification January 11/ Sand and Gravel Resources To recognize existing sand and gravel pit operations properly licensed under the Aggregate Resources Act and provide for their continued operation by protecting them from incompatible land uses. Existing sand and gravel pit operations licensed under the Aggregate Resources Act will be zoned for extraction in the Zoning By-Laws of the Area Municipalities. To ensure the availability of sand and gravel resources in the County and to provide protection from incompatible land uses. To provide for the expansion of existing licensed sand and gravel pits and the establishment of new pits where appropriate. To ensure sand and gravel extraction is viewed as an interim use of land and to encourage rehabilitation to agriculture in a progressive and comprehensive manner where feasible. To minimize incompatibilities between existing and potential sand and gravel resources operations as shown on Appendix 2 and existing and future development within the designated settlements as shown on Schedule C-3 and the Land Use Schedules where these two land uses are situated in proximity to one another. This Plan incorporates criteria that identify the area within which land use conflict issues must be considered in Section Chapter 3 Natural and Cultural Resource Management Policies Page

13 Resource Identification and Use WHERE SAND AND GRAVEL EXTRACTION PERMITTED SAND AND GRAVEL RESOURCE IDENTIFICATION SAND AND GRAVEL EXTRACTION IN MUNICIPAL WELL HEAD PROTECTION AREAS ACCESSORY ACTIVITIES/USES Mineral aggregate extraction, with the exception of limestone quarrying, is a permitted use within the Agricultural Reserve and Open Space designations identified on Schedules B-1, E-1, N-1, S-1 and Z-1. Sand, gravel and other extraction is also permitted in the Quarry Area designation identified on Schedules Z-1 and S-1. Sand and gravel deposits of primary and secondary significance are identified on maps in Appendix 2. These areas represent high quality mineral aggregate deposits of a size where commercial extraction is most likely to occur. Appendix 2 is provided for reference purposes and the identification of the Resource Areas is not intended to represent a land use designation. It is not intended that sand and gravel extraction be limited to the Resource Areas identified in Appendix 2 since sand and gravel extraction is permitted throughout the Agricultural Reserve, Quarry Area and Open Space designations. New sand and gravel pits or the expansion of existing sand and gravel pits within Well Head Protection Areas for municipal wells may only be permitted outside the 100 metre (328 foot) radius and the 0 2 year time-of-travel zone, subject to the policies of Section Accessory activities normally associated with extraction such as crushing, screening, washing, stockpiling, and the storage of aggregate products, as well as associated buildings and structures as required, shall also be permitted within the specified designations. The storage, blending and handling of recycled asphalt and concrete shall also be permitted. Accessory activities or uses may be limited within flood plain constraint areas as set out in the policies of Section 3.2. Above-ground storage tanks for the storage of petroleum products are permitted as an accessory use, under the control of the Technical Standards and Safety Act, as amended and the Liquid Fuels Handling Code (2001), as amended. To ensure that any permitted accessory uses to an extraction operation are temporary and cease when extraction on the site ceases, implementing Zoning By-laws may restrict processing activities to materials extracted from a specific geographic area, such as the pit site and/or identified Sand and Gravel Resource Areas. It is intended that the processing of aggregate materials imported to the site be viewed as a long term industrial use, requiring a Zoning By-law amendment for the specific use. Chapter 3 Natural and Cultural Resource Management Policies Page

14 ANCILLARY USES PROHIBITED USES IN RESOURCE AREAS Asphalt or concrete batching plants may be permitted as temporary ancillary uses for pits licensed to extract aggregate, provided such plants are not within the 100 metre (328 foot) radius or the 0 2 year time-of-travel zone of a municipal Well Head Protection Areas. Agricultural commercial and agricultural industrial uses and non-farm rural residential and active recreational uses shall not be permitted within the Sand and Gravel Resource Areas identified in Appendix 2. New sand and/or gravel pits shall not be permitted within the 100 metre (328 foot) radius or the 0 2 year time-of-travel zone of municipal Well Head Protection Areas. For the purpose of this policy, new refers to sand and/or gravel operations that are not yet designated, zoned and licensed. Asphalt or concrete batching plants shall not be permitted within the 100 metre (328 foot) radius or the 0 2 year time-of-travel zone of municipal Well Head Protection Areas. EXCEPTION GREATER LIMITATIONS APPLY Notwithstanding the above, temporary and portable asphalt or concrete batching plants for public road construction purposes will be permitted in a licensed pit without an amendment to this Plan or the Zoning By-Law provided that a Certificate of Approval pursuant to the Environmental Protection Act is issued by the Ministry of the Environment. The land use limitations of the Environmental Resource Protection policies and Environmental Constraints policies of Section 3.2 shall apply to proposed sand and gravel operations Development Review Policies for Sand and Gravel Extraction Operations and Ancillary Uses PLANNING APPLICATIONS REQUIRED PITS PLANNING APPLICATIONS REQUIRED ANCILLARY USE Within the Agricultural Reserve, Quarry Area and Open Space designations, in addition to the requirements for a license under the Aggregate Resources Act, a Zoning By-law amendment will be required in order to establish a new sand or gravel pit or to expand an existing pit. The establishment of a new ancillary use within a licensed pit or on lands within the Agricultural Reserve, Quarry Area or Open Space designations shall be subject to a Zoning By-law amendment for the specific use. Chapter 3 Natural and Cultural Resource Management Policies Page

15 REVIEW CRITERIA FOR NEW/ EXPANDED PIT OPERATIONS LICENSING REQUIREMENTS County Council and/or the Area Councils, in reviewing an application to amend the Zoning By-law to provide for a new or expanded pit operation or a new ancillary use, shall be satisfied that the following criteria are met, as appropriate, prior to approving such amendment: Confirmation from the Ministry of Natural Resources that, in its assessment of the proposed sand and gravel operation, the Ministry is satisfied: that sand and gravel extraction is appropriate and feasible at the proposed location; that the licensing requirements of the Aggregate Resources Act have been met, and that the Ministry would be in a position to issue a license for sand and gravel extraction subject to appropriate land use policies and/or zoning being in place. NOISE, DUST, VIBRATION WATER WELLHEAD PROTECTION AREAS AND HIGHLY VULNERABLE AQUIFERS TRUCK TRAFFIC REHABILITATION AFTER-USE Confirmation that all the requirements of the Ministry of the Environment with respect to noise, vibration and dust-related concerns have been met. Confirmation that all the requirements of the Ministry of Environment and/or the Conservation Authority with jurisdiction with respect to relevant environmental concerns relating to surface and groundwater quality and quantity have been met. The impacts of proposed sand and gravel extraction operations on lands within the 2 25 year time-of-travel zones of municipal Well Head Protection Areas and/or Highly Vulnerable Aquifers are assessed and found to be acceptable to the County, relative to potential adverse effects on groundwater recharge and discharge areas. Demonstration that no adverse effects on the road systems will result from increased truck traffic according to the authority having jurisdiction over the road. Demonstration that the proposed rehabilitation scheme is consistent with the policies of Section , and confirmation from the appropriate Ministry(s) and/or qualified individuals retained on behalf of the County or Municipality that the proposed rehabilitation scheme is technically feasible and environmentally sound. The proposed after-use is in conformity with the policies of Section and is compatible with existing and proposed land uses in the surrounding area. Chapter 3 Natural and Cultural Resource Management Policies Page

16 CUMULATIVE IMPACTS The cumulative impacts of proposed sand and gravel operations in areas where other extraction operations exist nearby are assessed and found to be acceptable to the satisfaction of County Council and/or the Area Council, relative to: the potential adverse effects on the quantity and quality of surface water and groundwater, and on domestic and municipal water supplies and on groundwater recharge and discharge; the impact on the natural environment including environmentally significant features, wildlife and environmental constraints as identified in this Plan or during the development review process; compatibility of the extraction activities and rehabilitation plans with surrounding land uses; and truck traffic and potential impacts on municipal and County roads. ANCILLARY USES For proposals to rezone lands for an ancillary use, the Area Council shall be satisfied that the following policies are met in addition to the other relevant criteria of this Section. Additional requirements for ancillary uses include: a proposed ancillary use is adequately buffered to ensure land use compatibility; issues such as noise, odour, dust, particulate emissions, vibration, lighting and storage have been adequately addressed; no significant adverse effects on the quality of surface water and groundwater, and on domestic and municipal water supplies will result from the ancillary use; no significant negative impacts on the natural environment including environmentally significant features, wildlife and groundwater recharge or discharge areas will result from the ancillary use; and where extraction is proposed below the water table, a permitted ancillary use shall be situated in the pit such that surface and groundwater resources will not be adversely affected. EXTRACTION BELOW THE WATER TABLE SUBSTANTIAL RESOURCE Proposals for sand and gravel pits in agricultural areas proposing to extract aggregate below the water table will be subject to the following additional requirements: Only permit extraction below the water table where it can be shown there is a substantial quantity of resource below the water table warranting extraction; Chapter 3 Natural and Cultural Resource Management Policies Page

17 EVALUATION OF ALTERNATIVES WELLHEAD PROTECTION AREAS AND HIGHLY VULNERABLE AQUIFERS Require that an evaluation of alternatives be conducted, including the possibility of utilizing resources on lands with lower capability for agriculture, utilizing resources on lands already committed to urban uses or utilizing resources on prime agricultural lands where rehabilitation to agriculture is possible. The impacts of proposed sand and gravel extraction operations on lands within the 2 25 year time-of-travel zones of municipal Well Head Protection Areas and/or Highly Vulnerable Aquifers are assessed and found to be acceptable to the County, relative to potential adverse effects on: the quantity and quality of groundwater; municipal and domestic water supplies; and groundwater recharge and discharge areas. APPLICATIONS TO AMEND THE SITE PLANS OF EXISTING PITS TO EXTRACT BELOW THE WATER TABLE In order for the County to properly assess the hydrogeological effects of a proposed site plan amendment for an existing pit extracting above the water table to extract below the water table, the County will require the following information, from the proponent or the Ministry of Natural Resources: the proposed site plan amendments, as required under the Aggregate Resources Act; hydrogeological studies required under the Aggregate Resources Act; and Ministry of the Environment comments regarding the hydrogeological studies. The County will require notification of all such amendments and may request an extension to the commenting period should delays be experienced either with notification of the amendment or in obtaining the documentation noted above. This policy applies only for pits within municipal wellhead protection areas as defined in this Plan Information Requirements and Evaluation INFORMATION TO ASSIST IN EVALUATION FOR REZONING In reviewing an application to amend the Zoning By-law to provide for a new or expanded pit operation or an ancillary use, the County and/or Area Municipality will require submission of the following information, prepared at the expense of the proponent: Chapter 3 Natural and Cultural Resource Management Policies Page

18 the site plan, consisting of the Existing Features Plan, Operational Plan and Progressive Rehabilitation Plans and Rehabilitation Plans, as required under the Aggregate Resources Act, and the report and any technical studies required under the Aggregate Resources Act as part of an application for a Class A licence; assessments and information to address the criteria of Section ; confirmations from Provincial Ministries and other agencies as outlined in Section CONSULTATION County Council and/or the Area Council shall consult with Provincial Ministries, the Conservation Authority with jurisdiction or any other agency or body or qualified individual deemed appropriate and necessary for the purpose of evaluating a development application in support of a new or expanding sand and gravel extraction operation or ancillary use and the supporting information/documentation required by the policies of this Plan. Any costs resulting from such consultation will be charged to the proponent as part of the fee structure for the development review process After Use Priorities and Rehabilitation Policies REHABILITATION TO AGRICULTURE The County and Area Municipalities shall require, where extraction occurs above the water table on Class I to III agricultural lands as defined by the Canada Land Inventory, rehabilitation of the lands to substantially the same acreage and average soil capability for agriculture will occur. In all other cases, rehabilitation will be to an agricultural use, where feasible. Notwithstanding this requirement, extraction may be permitted on prime agricultural lands without rehabilitation to agriculture where: extraction results in the removal of surface natural resources such as woodlands, wetlands and watercourses and where the proposed rehabilitation is in keeping with the principle of net environmental gain as established in this Section, proposes to reestablish the natural feature; hydrogeological investigations required for licensing demonstrate to the satisfaction of the County and the Area Municipality, in consultation with the appropriate agencies or bodies, that the residual overburden associated with agricultural rehabilitation is not sufficient to protect groundwater quality. Chapter 3 Natural and Cultural Resource Management Policies Page

19 NET ENVIRONMENTAL GAIN Where rehabilitation to an agricultural use is not feasible, the County and Area Municipality will be satisfied that the proposed rehabilitation scheme will result in a net environmental gain a positive contribution to the state of the natural environment as a result of rehabilitation initiatives associated with extraction. Rehabilitation which is considered to be a net environmental gain will result in increased biological diversity, system function, wildlife habitat and in the creation of environmental features such as wetlands, water systems and wooded areas. The following initiatives will be promoted through rehabilitation schemes for extraction operations to achieve a net environmental gain; enhancements to groundwater recharge and discharge, where feasible. where practical and desirable, given the location of extraction, interconnections between rivers, flood plain pools and wetland linkages will be created to enhance both on and off-site aquatic habitat. biological diversity the expansion of fish, amphibian, reptile, mammal, insect, bird and vegetation variety, will be enhanced through rehabilitation. Measures such as topographic variation, creation of micro-climatic zones, providing standing or flowing surface water on a permanent or seasonal basis, providing water bodies for fish habitat by incorporating suitable shallows, uneven bottoms and low angled, sinuous shorelines, islands and peninsulas will be promoted. Other measures include the use of native species, natural succession supplemented by clustered planting and the use of a variety of soil and overburden types. where practical, rehabilitation shall be implemented to be beneficial to improved water quality and the creation of other natural features such as wetlands and upland forests. COMPREHENSIVE/ INTEGRATED REHABILITATION When lands proposed for sand and gravel extraction are adjacent to an existing licensed pit, the proposed rehabilitation scheme and afteruse will be consistent with that approved for the abutting property, and, such scheme will be integrated with adjacent approved plans by addressing: final elevations of the land; the compatibility and consistency of biological improvements; linkages between water features; compatibility of surface drainage systems. Chapter 3 Natural and Cultural Resource Management Policies Page

20 Where integrated rehabilitation plans between multiple licenses are approved, County Council and Area Councils will support mutual extraction to the shared licence boundary Severance Policy for Sand and Gravel Pits SEVERANCE FOR SAND AND GRAVEL PITS OBJECTIVES EXISTING OR PLANNED DEVELOPMENT INCOMPATIBLE LAND USES NOTIFICATION PUBLIC INPUT LAND USE COMPATIBILITY PRINCIPLES Severance applications for the purposes of an extraction operation or for the severance of a farm residence on lands associated with extraction, are to be reviewed on the basis of conformity with the Official Plan policies for the underlying land use designation on the property and the intended after-use Land Use Compatibility To ensure that mineral aggregate extraction, including limestone extraction and sand and gravel extraction, is generally compatible with adjacent planned development and with existing development in the vicinity. To discourage the establishment of incompatible land uses within or adjacent to the Quarry Area, the Limestone Resource, and Sand and Gravel Resource areas in the County. To ensure that the public is adequately notified of proposed new and expanded extraction operations. To encourage public input as part of the preparation of Municipal comments during the review of site plans and licence conditions for extraction operations by the Ministry of Natural Resources. This Plan establishes land use and resource priorities for the County and the Area Municipalities which balance the need to protect natural resources important to the County s economy with providing opportunities for settlement growth. It is a principle of the Plan that where aggregate resource extraction and settlement development have the potential to conflict with one another due to the proximity between these types of land uses, issues of land use compatibility shall be considered and adequately addressed to minimize such potential conflicts. In this regard: Chapter 3 Natural and Cultural Resource Management Policies Page

21 Where new extraction is proposed in proximity to existing substantially developed areas, the responsibility for mitigation will be addressed by the pit proponent primarily through the licensing process of the Aggregate Resources Act. Arrangements for mutually satisfactory mitigative measures between extraction and development proponents will be encouraged. Where new development is proposed in proximity to existing licensed extraction operations the responsibility for mitigation will primarily be by the land developer through the municipal development review process. Arrangements for mutually satisfactory mitigative measures between extraction and development proponents will be encouraged. OMB Modification January 11/98 NOTIFICATION Where aggregate resources which have a high potential for future extraction as identified on Appendix 2 are located in proximity to vacant or substantially undeveloped lands designated for settlement use, there is a reciprocal responsibility to mitigate potential land use conflicts between these uses. Public notification requirements under the Planning Act may be extended for amendments to the Official Plan and/or zoning by-law, to permit a new or expanded extraction operation or an ancillary use such as an asphalt plant Policies for Extraction Adjacent to Existing/Planned Development EXTRACTION ADJACENT TO EXISTING/PLANNED DEVELOPMENT OMB Modification January 11/98 Where new extraction is proposed within 300 metres (984 feet) of existing or planned development, County Council and/or the Area Council, in addition to the requirements for redesignation and/or rezoning under Sections and , will provide comments to the Ministry of Natural Resources regarding the application for a licence under the Aggregate Resources Act. Such comments will include a request that the Ministry impose, as a condition of the licence, significant measures be taken to ensure compatibility. Such measures may include, but not be limited to the following: increased setbacks, increased berming, significant landscaping and/or planting of mature vegetation in association with berming, the phasing of pit extraction and rehabilitation such that the portion of the pit closest to the settlement use proceeds first, operational controls such as the location of screening and crushing equipment, hours of operation and the use of stockpiles for noise attenuation, protection measures for existing public and private wells and any other mitigation measures deemed appropriate. Chapter 3 Natural and Cultural Resource Management Policies Page

22 Where a situation warrants, County Council and/or Area Council may request that the Ministry impose a condition of the licence which has the effect of limiting the duration of extraction. This may be considered desirable in order to minimize the impact on the surrounding environment, depending on such factors as location of the site relative to existing or planned development, scale and type of deposit, desirability of stockpiling, and anticipated time of development on the site. BY-LAWS UNDER THE MUNICIPAL ACT The operations and rehabilitation of licensed pits and quarries are regulated under the Aggregate Resources Act. In order to ensure the compatibility of extraction operations with adjacent land uses through matters not regulated by the Aggregate Resources Act, regulations, licensing conditions or site plans, County Council and Area Councils may pass a by-law under the Municipal Act regulating the external aspects of extraction operations such as hours of operation, external haul routes, the condition of entrances and exits beyond the license, noise abatement and fencing and signage Policies for Development Adjacent to Existing Operations and Resource Areas DEVELOPMENT APPLICATIONS REQUIRING CONSULTATION SEVERANCES When considering applications to amend the Official Plan and/or zoning by-law, plans of subdivision and condominium, and severances affecting land within a distance of 1000 metres (3280 feet) of a Quarry Area designation or 300 metres (984 feet) of an identified Sand and Gravel Resource Area as identified on Appendix 2, County Council and/or Area Council shall seek the advice of the Ministry of Natural Resources to ensure that the opportunity to extract mineral resources from the Resource Areas will not be unduly restricted and that potential land use incompatibilities are minimized. To reduce incompatible land uses adjacent to licensed pits and quarries or adjacent to identified Quarry and Sand and Gravel Resource Areas, the County shall discourage severances, other than those as set out in Section , within 300 metres (984 feet) of a Quarry Area or Limestone Resource, an identified Licensed Pit or identified Sand and Gravel Resource Area. Chapter 3 Natural and Cultural Resource Management Policies Page

23 Existing Licensed Operations Where development other than infilling, within a Settlement designation, is proposed within 300 metres (984 feet) of an approved licensed aggregate extraction operation, the primary responsibility for the mitigation of potential land use conflicts between the use and the aggregate extraction operation will be that of the development proponent. In such circumstances the following policies will apply: When residential development is proposed, a noise study undertaken by a professional acoustical engineer which incorporates potential noise emissions emanating from approved pit operations and ancillary activities will be completed by the development proponent. Such study will be conducted in accordance with Provincial guidelines and will determine appropriate noise attenuation measures including appropriate setbacks, structural noise mitigation measures and conditions of approval necessary to be consistent with Provincial guidelines. Notwithstanding the above, where a proposed residential development is situated further away from existing approved residential development for which a noise study as described above has been completed this requirement may be scoped or waived. Prior to a scoping or waiving of the noise study requirement in the circumstance noted above, a determination must be made that the measures proposed by the earlier study would not be negated or offset by differences in such factors as topography, possible multiple noise sources, or other factors. Upon demonstration that acceptable attenuation measures are available and that mechanisms are in place to ensure that attenuation measures are put in place, the noise study requirement may then be scoped or waived. OMB Modification January 11/98 Residential development will only be approved where conditions of approval and other mechanisms are established which will ensure that identified noise attenuation measures will be put into place at the developers expense. Noise sensitive uses will generally not be located closer than 150 metres (492 feet) from the nearest limit of approved licensed extraction activity. Measurement will be taken from the nearest unit location to the nearest licensed extraction limit as shown on the approved site plans. As peripheral portions of the extraction operation are rehabilitated, the separation area may be adjusted to reflect the location of active and approved extraction areas of the pit plan. Deviation from this setback standard will only be Chapter 3 Natural and Cultural Resource Management Policies Page