REPORT. Mayor Bonnette & Members of Council. Dufferin Aggregates Acton Quarry Expansion

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1 REPORT REPORT TO: Mayor Bonnette & Members of Council REPORT FROM: Mark H. Kluge, Senior Planner - Development Review DATE: REPORT NO.: RE: PDS Dufferin Aggregates Acton Quarry Expansion RECOMMENDATION: Lots 19,20, 21, 22 & 24, Concession 3 and Lots, 20, 21 & 22, Concession 4, Town of Halton Hills (former Township of Esquesing) File Nos: D09OPA & D14ZBA DUFFERIN AGGREGATES ACTON QUARRY EXPANSION THAT Report No. PDS , dated, with respect to the proposed Dufferin Acton Quarry Expansion, submitted by MHBC, on behalf of the owner Dufferin Aggregates a division of Holcim/Lefarge Inc., for lands legally known as, Lots 19, 20, 21, 22 & 24, Concession 3 and Lots, 20, 21 & 22, Concession 4, former Township of Esquesing, Town of Halton Hills, be received; AND FURTHER THAT Council endorse in principle applications D09OPA and D14ZBA as revised on April 30, 2014, to permit the expansion of the existing Dufferin Acton Quarry subject to: a) The finalization and acceptance of the following documents and material by the relevant Public Agencies: i) Adaptive Management Plan (AMP); ii) Ecological Enhancement Plan (EEP); iii) Aggregate Resources Act (ARA) Site Plans b) The finalization of an Acton Quarry Public Benefits and Environmental Protection Agreement that provides for: Page 1 of 23

2 i) the on-going management, monitoring and implementation of the proposed Adaptive Management Plan; ii) the on-going management, monitoring and implementation of the proposed Water Management System, including long term ownership, operation and the provision of financial securities; iii) the on-going management, monitoring and implementation of the Ecological Enhancement Plan; iv) the conveyance of lands to public ownership; v) a haul route mitigation agreement; and vi) other appropriate community benefits to the satisfaction of the Town and Region. AND FURTHER THAT Council direct Town Staff to continue discussions with the proponent and the Public Agencies in the finalizing the review of technical material associated with the proposed Dufferin Acton Quarry expansion; AND FURTHER THAT Council direct Town Staff and the Town Solicitor to draft and finalize the Acton Quarry Public Benefits and Environmental Protection Agreement; AND FURTHER THAT the Town Clerk forward the above noted position of Town Council to: Dufferin Aggregates and their Agent, the Ministry of Natural Resources, the Niagara Escarpment Commission, Conservation Halton, Credit Valley Conservation and Halton Region. BACKGROUND: 1.0 Context & Report Purpose: On March 19, 2009, Dufferin Aggregates submitted Official Plan and Zoning By-law Amendment Applications to the Town for the proposed expansion of the Acton Quarry. Dufferin also submitted applications to the Niagara Escarpment Commission (NEC) and Halton Region in support of the proposed expansion as well as applications to the Ministry of Natural Resources (MNR) under the Aggregate Resources Act (ARA) for the quarry expansion. A Joint Agency Review Team (JART) was established to coordinate the technical review of the applications. This technical review has included multi-disciplinary peer reviews of the applications. JART has released three reports on the proposed expansion to the Acton Quarry including its final report in March These reports are intended to provide a technical resource that will assist the agencies as they reach decisions on the proposed quarry expansion. In June 2012, Dufferin revised their application to reduce the licensed areas from ha to 90.6 ha and the extraction footprint from 99 ha to 66.5 ha. This revision included Page 2 of 23

3 the deletion of Phases 5 and 6 East save and except for a 0.6 ha parcel that will occur as a continuation of Phase 2 (Phase 5 East). The proposed Official Plan and Zoning By-law Amendment Applications were presented to Council and the Public through a Statutory Public Meeting held on September 24, 2012 (Report PDS ). Generally speaking the key issues raised by the Public included the following: Impact on Domestic Wells; Blasting Impacts; Traffic Haul Route; Quarrying in the Niagara Escarpment; and Natural Heritage The preparation of a further Staff report dealing with the merits of the proposed expansion was contingent upon conclusion of the JART process and the release of the MNR s comments. MNR s comments were critical as they have the expertise and authority for Jefferson Salamander habitat, being a threatened species, in accordance with the Provincial Policy Statement and the Endangered Species Act. More specifically, development and site alteration is not permitted in the habitat of endangered and threatened species, except in accordance with provincial and federal requirements as per the 2014 Provincial Policy Statement. On March 3, 2014 MNR released its position on the proposed expansion, identifying two key conclusions: a) MNR is satisfied with the extraction footprint for Phases 4, 5 and 6; and b) Questions continue to exist regarding the proposed Phase 7 extraction area and Jefferson Salamander habitat. With respect to (b), MNR notes that the NEC commissioned an assessment in late 2012 of the proposed Phase 7 extraction area as it related to Jefferson Salamander. That assessment indicated that agricultural lands in Phase 7 could be crossed by Jefferson Salamanders. Given the foregoing, MNR has advised that further study of the extent to which the Jefferson Salamander may be using Phase 7 is warranted. This study is anticipated to be at least three years in length and will have to be conducted at appropriate times in the year to capture adult breeding movement and juvenile dispersal. The specific methodology for the study is to be worked out by MNR and Dufferin s consultants with input from the other appropriate Public Agencies. In light of MNR s position, Dufferin submitted revised applications on April 30, 2014, to formally delete Phase 7 from the current applications. On May 21, 2014, Dufferin submitted updated amendments to incorporate the requested revisions made by the Public Agencies. Since 2009, the extraction area of the proposed expansion has been reduced by half to 49.3 ha (38 million tonnes). With the release of MNR s comments and the submission of the revised applications, Staff is now in a position to prepare a report dealing with the merits of the proposed expansion for Council s consideration. Page 3 of 23

4 The specific purpose of this report is to: Identify and address the concerns raised by the Public; provide Council with recommendations regarding the disposition of this application, and; identify next steps. 2.0 Location & Site Characteristics: The existing Acton Quarry is located east of Regional Road 25 and south of 22 nd Side Road, approximately 1 km south of Acton. Surrounding land uses (to the proposed expansion areas) include; existing quarry operations, agricultural, rural residential and natural open space, see SCHEDULE 1: LOCATION MAP. 3.0 Current Official Plan Designations & Zoning: The subject lands are located within the Halton Hills Rural Area as outlined in Schedule A2 Greenbelt Plan of the Town s OP and have the current designations: Phase 4 Escarpment Rural Area, Greenlands A and Greenlands B Phase 5 East Escarpment Rural Area Phase 5 & 6 West Protected Countryside and Greenbelt Greenlands, with a Natural Heritage System Overlay While all of the proposed quarry expansion lands are located within the boundaries of the Town of Halton Hills, some of the lands are within the Niagara Escarpment Plan (NEP) and are not subject to the Town of Halton Hills Zoning By-law. The applicable zoning for the expansion phases is as follows: Phase 4 Phase 5 East Phase 5 & 6 West NEP Town Zoning not applicable NEP Town Zoning not applicable Protected Countryside Natural Heritage System ONE and TWO (PC-NHS1 & PC-NHS2) Dufferin is proposing to amend the Town s OP and Zoning By-law to permit the expansion of the existing quarry. Details pertaining to the proposed expansion are set out in Section Proposal: Dufferin Aggregates (Dufferin) is proposing to expand the Acton Quarry through 3 additional phases north and south of the existing operation. Phase 4 is located north of Third Line and the existing quarry and is a freestanding phase with a proposed extraction area of 26.5 ha that would require a new sinking cut, Page 4 of 23

5 i.e. a new excavation from the existing surface, to create a working face, a working area and an access ramp to the excavation. Phase 5 East is 0.6 ha and extraction will occur as a continuation of Phase 2 (existing quarry) and no sinking cut is required. Phases 5/6 West is 22.2 ha and is an expansion of Phase 3. This phase will also require a sinking cut. The revised extraction area contains 38 million tonnes of aggregate which represents approximately 10 years of extraction in Phase 4 and 9 years of extraction in Phases 5 and 6 for a total of 19 years. According to Dufferin, this assumes on average that 2 million tonnes of aggregate are extracted annually. Extraction levels will vary year by year based on the demand that is generated by the public and private sectors, however extraction at the Acton Quarry Expansion is not permitted to exceed 4 million tonnes of aggregate per year. Dufferin states that it has assembled approximately 302+ ha of land generally north and south of the existing Acton Quarry, but that the extraction will take place on only 49.3 ha of this land. The remaining 84% of land is proposed to remain predominately in conservation use. 4.1 Performance Based Adaptive Management Plan (AMP): As part of its proposal, Dufferin proposes to mitigate the effects of the proposed quarry expansion on ground and surface water, including water supplies and natural heritage features that depend on water resources, using a flexible approach that can be responsive to conditions as they evolve, rather than a fixed set of rules and conditions. Dufferin s proposed approach is described in its UPDATED Performance-Based Adaptive Management Plan (AMP) (April 2012). The AMP is the key tool for managing potential water related impacts. The AMP is a continuous process of implementing mitigation measures, monitoring potentially affected features to ensure the mitigation is working as intended, and adjusting mitigation as appropriate based on the monitoring results. Any potential indirect adverse impact to significant water resources will be identified and appropriately mitigated. The proposed AMP requires active monitoring of surface and groundwater levels against performance-based targets (PBTs) (i.e. quantitative water-based criteria such as ground and surface water levels), and mitigation of the potential effects of extraction. Supplementary monitoring of ecological community composition and structure would also be undertaken. Mitigation would include pumping water from a reservoir to add water to features including wetlands located on the proponent s property but outside the licensed area. The AMP focuses on areas lying within a green line that encompasses features considered to be sensitive to the groundwater draw down effects of the quarry. Water Page 5 of 23

6 would be discharged at the surface to protect most of these surface water features, whereas injection wells are proposed to discharge directly into the aquifer along the north side of Phase 4, and as a possible contingency in other parts of the expansion. Dufferin would also monitor wells along the green line, and would undertake supplementary monitoring for selected areas beyond the line. A number of locations where groundwater and surface water levels would not be affected by the quarry or the expansion will also be selected for background monitoring, to form a baseline against which any changes at the quarry monitoring locations can be assessed. The mitigation measures are also intended to protect private wells, and Dufferin has developed a Well Management Plan to respond to any complaints of well interference. Town Staff anticipates that discussions on the technical matters related to the final AMP, will continue over the balance of Net Environmental/Ecological Gain: Dufferin has proposed off-site enhancements and rehabilitation of the proposed Acton Quarry Expansion to be provided through the implementation of an Ecological Enhancement Plan (EEP) (June 2013). The EEP provides for the compensation for loss of features within the extraction area and will result in an overall net ecological gain. These enhancements, as per the revised 2014 applications are proposed to include the following; 1) Off-site Ecological Enhancement Plan ± 60.1 ha: ±9.0 ha tree planting/reforestation within 5 years; ±7.2 ha tree planting/reforestation within 15 years; ±18 ha thicket management; ±15.8 ha woodland management; ±10 ha grassland creation within 5 years; 1 amphibian pool/wetland within 5 years (already built-pond G ); ±0.1 ha wetland enhancement area within 5 years; 2 turtle nesting areas. 2) On-site Ecological Enhancement Plan (within the License Boundary) ± 56.4 ha: ±12.5 ha tree planting/reforestation; ± 37.7 ha lake; ± 6.2 ha wetland. The finalization of the technical matters related to the EEP are expected to continue throughout the rest of this year. Page 6 of 23

7 4.3 Final Rehabilitation: The applications include rehabilitation proposals that would be part of a larger rehabilitation plan incorporating the entire quarry (Phases 1-6). Whereas the previous plan for the existing quarry (Phases 1-3) involved continuous pumping to achieve a dry bowl, the new proposal involves allowing the excavations to ultimately fill with water while continuing to protect surface water resources and natural features. The excavations would form individual lakes with levels ranging from around 338 m above sea level in Phase 2 to 356.5m in Phase 4. Dufferin has estimated a lake filling time of approximately 52 years. Some wetlands that would be supported by replenishment of water as part of the AMP would once again be supported by groundwater as the lakes refill with water. The rehabilitated site will still require perpetual pumping of water, for example to maintain the levels of some lakes and to distribute water to the Black Creek and Sixteen Mile Creek watersheds. The AMP, EEP and final Rehabilitation Plan are interrelated. Any revisions to the AMP and EEP may affect the final rehabilitation plan for the quarry and the final ARA Site Plans will incorporate those revisions. 5.0 Acton Quarry Taskforce & Community Benefits: Through Minutes of Settlement between the Town, RSI, Halton Region and United Aggregates Ltd., the Town has an option to acquire the lands subject to the existing Acton Quarry for nominal consideration, following completion of extraction. The Minutes of Settlement also referenced the preparation of a land use strategy to determine an appropriate after use and the development of a rehabilitation plan designed to best implement the preferred use. The conveyance of these lands would be a significant addition to the Town s Parks and Open Space System. To that end, the Senior Management Team created the Acton Quarry Task Force to investigate this opportunity along with other benefits that might accrue to the Town, Agencies and the Public, should the proposed expansion be approved. The benefits would be secured through the Acton Quarry Public Benefits and Environmental Protection Agreement(s). Town Staff has previously reported on the creation and progress of the Task Force through memos, workshops and reports to Council. The scope of the Task Force work does not involve the detailed review of the current expansion. COMMENTS: 1.0 Planning Policy Framework & Analysis: 1.1 Provincial Policy Statement 2014 (PPS): The Town is required to be consistent with the relevant policies of the 2014 Provincial Policy Statement (PPS) in accordance with Section 3 of The Planning Act. Page 7 of 23

8 The PPS is intended to promote a policy led system, which recognizes that there are complex inter-dependent relationships among environmental, economic and social factors in land use planning. The PPS deals with matters pertaining to Building Strong Healthy Communities, Wise Use and Management of Resources and Protecting Public Health and Safety. Part IV: Vision for Ontario s Land Use Planning System of the PPS recognizes that the Province s natural heritage resources, water resources, agricultural resources, mineral resources and cultural and heritage and archeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key Provincial interest. The relevant policies related to these applications include those pertaining to Natural Heritage, Water and Mineral Aggregates Resources. Section of the PPS states that natural features and area shall be protected for the long term. Section of the PPS states that the diversity and connectivity of natural features in an area and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Sections to collectively identify features where development and site alteration is either not permitted (significant wetlands); not permitted unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological function; or not permitted except in accordance with Provincial and Federal requirements (habitat of endangered and threatened species) Section 2.2.1(d) of the PPS states that Planning authorities shall protect, improve or restore the quality and quantity of water by maintaining linkages and related functions among ground water features, hydrologic functions, natural heritage features and areas and surface water features Section of the PPS states that Mineral aggregate resources shall be protected for long-term use and where provincial information is available, deposits of mineral aggregates resources shall be identified. Section of the PPS states that as much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Section of the PPS states that extraction shall be undertaken in a manner which minimizes social, economic and environmental impacts. Section of the PPS states that progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of extraction and to mitigate negative impacts to the extent Page 8 of 23

9 possible. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. Staff is of the opinion that the proposed quarry expansion is consistent with the policies of the 2014 PPS, provided the conditions outlined in the Recommendations of this report are fulfilled. 1.2 Greenbelt Plan: The Greenbelt Plan recognizes that aggregates provide significant building materials for communities and infrastructure and the availability of aggregates close to market is important for both economic and environmental reasons. The proposed expansion lands are subject to the Protected Countryside and Niagara Escarpment Plan Area designations of the Greenbelt Plan. Mineral aggregate operations are permitted within the Protected Countryside Area including the Natural Heritage System overlay, subject to specific criteria pertaining to key natural heritage and hydrologic features, subject to all other applicable legislation, regulations and municipal planning documents. Applications for the mineral aggregate operations shall be required to demonstrate: How the connectivity between key natural heritage and hydrologic features will be maintained before, during and post extraction; How the applicant could immediately replace any habitat that would be lost from the site with equivalent habitat on another part of the site or on adjacent lands; How the Water Resource System will be protected and enhanced. Specific criteria are also set out in the Greenbelt Plan pertaining to the rehabilitation of mineral aggregate extraction operations. Staff is of the opinion that the proposed quarry expansion is in conformity with the policies of the Greenbelt Plan, provided the conditions outlined in the Recommendations of this report are fulfilled. 1.3 Niagara Escarpment Plan (NEP): Phases 4 and 5/6 East are within the Niagara Escarpment Planning Area and are subject to the policies of the NEP. The NEP is a Provincial Plan with a framework of objectives and policies which strike a balance between development, preservation and the enjoyment of an important resource recognized by the UN as a World Biosphere Reserve. The purpose of 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 that natural environment. Page 9 of 23

10 Phases 4 and 5/6 East are designated Escarpment Rural Area which provides for the designation of new Mineral Aggregate Resource Extraction Areas in accordance with the policies and development criteria of the NEP. Niagara Escarpment Commission Staff are anticipated to be reporting on the proposed quarry expansion in late 2014 or early Region of Halton Official Plan (ROP): The proposed expansion areas are currently designated Agricultural Rural Area, Greenlands A and B, Escarpment Rural Area and Escarpment Natural Area in the Regional Official Plan. The ROP directs new or expanded quarries to locate in the Escarpment Rural Area or the Agricultural Area and includes specific policies to evaluate new Mineral Resource Extraction uses. Through Report LPS46-14, Regional Staff have advised that the proposed quarry expansion conforms to the Regional Official Plan and are recommending that the applications be endorsed in principle subject to conditions. This report will be considered by the Regional Planning & Public Works Committee on June 11, Town of Halton Hills Official Plan (OP): The Town s Official Plan contains detailed policies that apply to the establishment of new or expanding mineral aggregate operations. These include locational criteria, detailed application and study requirements, assessment of impacts, after use and rehabilitation. From a locational perspective, mineral aggregate operations are directed to locate in the Agricultural Area, Escarpment Rural Area and the Protected Countryside Area. Extraction in the Greenlands System is only permitted where it can be demonstrated that there will be no negative impacts on significant natural features and related ecological functions in keeping with a net environmental gain approach. Under the net gain approach the Town is to consider compensation and enhancements that are proposed to be initiated by the proponent prior to and/or during extraction and the progressive and final rehabilitation of the site. The Official Plan also sets out policies related to extraction in the Protected Countryside Area that mirrors the Greenbelt Plan. The proposed quarry expansion extraction area is identified (by map) in the Town s OP as being in a high potential mineral resource area (Appendix 2: High Potential Mineral Aggregate Resource Areas). Page 10 of 23

11 OP Criteria for Approval: Prior to the approval of any applications to expand the quarry the Applicant (Dufferin) must demonstrate it has met specific criteria outlined in the policy E6.4.4 as follows: a) the quality of sensitive groundwater and sensitive surface water features in the area will be protected, improved or restored taking into account any mitigative measures initiated by the proponent prior to and/or during extraction and the proposed rehabilitation plan, in accordance with the recommendations of appropriate studies; The AMP will be an important tool for managing potential water related impacts. The AMP is a continuous process of implementing mitigation measures, monitoring potentially affected features to ensure the mitigation is working as intended, and adjusting mitigation as appropriate based on the monitoring results. Any potential indirect adverse impact to significant water resources will be identified and appropriately mitigated. b) the quantity of water available for other uses in the area and as base flow for sensitive surface water features will be protected, improved or restored taking into account any mitigative measures that are initiated by the proponent prior to and/or during extraction and the proposed rehabilitation plan, in accordance with the recommendations of appropriate studies; Groundwater and surface water quantity and quality will be managed and monitored to ensure water resources and related ecological functions are protected. The AMP includes triggers, mitigation and contingency methods to recognize and prevent potential impacts. c) there is no negative impact on significant natural heritage features or related ecological functions in accordance with the principle of net environmental gain taking into account any compensation and enhancements that are recommended in an EIS and initiated by the proponent prior to and/or during extraction and the proposed progressive and final rehabilitation of the site; The Enhancement (both off-site and on-site) and Rehabilitation Plans for the quarry expansion have been designed to enhance the ecological features and functions of the Greenlands System. Further details are set out in the EEP, which is in the process of being finalized. d) as much of the site as possible will be rehabilitated by establishing or restoring natural self-sustaining vegetation; and, A majority of the final rehabilitated lands above the lakes will be forested to connect the site to adjacent environmental areas. The off-site ecological enhancement plan also proposes to plant additional forest and implement a forest management plan to ultimately improve the ecological health of the adjacent woodlands. The final EEP and associated Legal Agreements will implement this policy. e) other environmental and social impacts such as noise, dust, odour and visual impacts are minimized. Page 11 of 23

12 There are no remaining technical noise-related issues, provided that Dufferin operates the proposed expansion pursuant to the Blasting Beyond Compliance (BBC) Protocol and the conditions of the ARA license. Further discussion on blasting is set out under the Public Comments Section of this report. In regards to air quality Dufferin has stated that they will operate in accordance with a Best Management Plan (BMP) approved by the Ministry of the Environment (MOE) in 2010 to support the required Ministry Certificate of Approval for the site. The inclusion of the BMP in the approved ARA Site Plans would satisfy this matter. With respect to visual impact, visual screen plantings will be established within 1 year of license issuance. Native tree and shrub species will be planted. Ultimately the final visual screen plantings will be outlined in the revised EEP and the ARA Site Plans. Rehabilitation: It is the policy of the Town s Official Plan (E6.4.7) to encourage the progressive rehabilitation of all quarries within the Town. Dufferin s applications include rehabilitation proposals for the quarry expansion as per the OP. These plans are part of a larger rehabilitation that would incorporate the entire quarry including Phases 1 through 6. The previous plan for the existing quarry (Phases 1, 2, 3) involved continuous pumping to achieve a dry bowl. The new proposal for the entire quarry (Phases 1 through 6) involves allowing the excavations to ultimately fill with water while continuing to protect surface water resources and natural features. The excavations would form individual lakes with levels ranging from around 338 m above sea level in Phase 2 to m in Phase 4. Wetlands that would be supported by replenishment of water as part of the AMP would once again be supported by groundwater as the lakes refill with water. The rehabilitated site will still require pumping of water, to maintain the levels of some lakes and to distribute water to the Black Creek and Sixteen Mile Creek watersheds. If the applications are approved and the legal agreements are in place, the Town would ultimately take possession of the lands and it is anticipated that Conservation Halton (through appropriate legal agreements) would be responsible for the remaining pumping, monitoring, mitigation and contingency requirements. However through the Legal Agreements, Dufferin will be providing the financial resources for this long term care. As previously stated the final AMP, EEP, ARA Site Plans and appropriate Acton Quarry Benefits and Environmental Protection Agreement(s) will form the basis and provide for the implementation of the final Rehabilitation Plan for the entire Quarry. After Uses: The Official Plan sets of policy direction regarding the designation and after uses of depleted quarries. Factors to consider in determining an appropriate after use include Page 12 of 23

13 surrounding land uses and designations, the character of the area, the recreational opportunities that the site may afford, opportunities to enhance natural heritage features and functions in the area and opportunities for public ownership. After use opportunities, including the conveyance of the lands to the Town are discussed further in Section 3.0 (Community Benefits) of this report. Conformity to OP: Staff is of the opinion that the applications to expand the Acton Quarry conform with the policies of the Town s Official Plan, provided the conditions listed in the Recommendations of this report are fulfilled. 2.0 Public Comments: The following provides a summary response to identified issues raised by the Public in regards to the proposed quarry expansion: 2.1 Impact on Domestic Wells: Private well-related concerns have been raised by some local residents since the mid- 1990s and were again re-iterated during the September 2012 Public Meeting regarding the proposed expansion. The comments ranged from general concern with the potential impacts of the proposed expansion on private water supplies to specific concerns that historical impacts on private wells are related to the existing quarry. Surface and groundwater resources were a key part of the review because quarrying below the water table could affect water supplies, as well as important natural environmental and aquatic features such as wetlands and amphibian breeding pools. In order to address the concerns regarding the impact the quarry expansion could have on private wells and other aquatic features, Dufferin included the AMP as part of the Acton Quarry expansion application. JART concluded with the assistance of its Peer Reviewers that the proposed expansion, inclusive of the appropriate mitigation measures, will not have an impact of private wells. However in the event there are impacts, Dufferin has included a Water Supply Interference Complaint Response Procedure to investigate those impacts, see SCHEDULE 2: WATER SUPPLY INTERFERENCE COMPLAINT RESPONSE PROCEDURE. It is Town Staff s opinion that provided the AMP is satisfactorily finalized with the Public Agencies, is referenced on the ARA Site Plans and included in the Acton Quarry Benefits and Environmental Protection Agreement to enforce the commitments within it, private well issues will be satisfactorily addressed with appropriate contingency measures in place. Page 13 of 23

14 2.2 Blasting Impacts: A number of operations related to quarrying can generate noise, including but not limited to: drilling, blasting, equipment movements, rock crushing and haulage. The impacts that blasting can have on residential uses has been raised as an issue by the public as part of the review process for the proposed expansion. Dufferin took ownership of the quarry in 2001 and advised that they have made the following changes to the operation to reduce blasting impacts to the surrounding community: Use of smaller drill holes to reduce the ground level vibration and noise levels; Smaller and more compact drill patterns were implemented to blast more efficiently with smaller quantities of explosives; Electronic detonators are used as extraction proceeds closer to adjacent receptors, resulting in more effective blasts; 5 fixed seismographs were installed at various locations around the property to monitor every blast for ground vibration to ensure compliance with MOE guidelines; A portable seismograph is set up at each blast location. Blasting is regulated on the ARA Site Plans. The ARA requires: The Licensee to monitor all blasts for ground vibrations and blast overpressure and to operate to ensure compliance with current provincial guidelines; Blasting not occur on a holiday and can only occur between 8:00AM and 6:00PM; All blast monitoring reports must be retained by the licensee and made available upon request by the MNR for audit purposes. Dufferin typically blasts once a week for 10 months of the year. There is typically no blasting in January or February and there is no blasting at night. The proposed expansion, like the existing operation, will be operated to meet Ministry of Environment s (MOE) Guidelines and will attempt to exceed requirements by utilizing new computer software for blasting in order to minimize any public disturbance. Dufferin has also indicated that they implement voluntary measures for the Acton Quarry related to blasting which include: contacting residents that have requested to be on a call list prior to any blast; the implementation of the BBC Protocol, to ensure that blasting meets or exceeds MOE standards. As a result of the JART review, Dufferin has agreed to two additional conditions that are to be included on the ARA Site Plans related to blasting: In the event that monitoring shows an exceedance of peak ground and air vibration levels contained in NPC (Noise Pollution Control) 119 (MOE Noise Guidelines for Blasting), the MNR, MOE, Region, Town and NEC will be notified Page 14 of 23

15 within 2 business days and will advise the agencies of the corrective measures taken to address the exceedance; and, Dufferin will install a signboard at the existing office entrance on Third Line and provide a local phone number to be called if there are any questions or concerns with respect to the operation. JART concluded with the assistance of its Peer Reviewers that the proposed expansion could meet MOE standards related to blasting subject to conditions imposed through the ARA License. 2.3 Traffic Haul Route: Several members of the public have voiced concerns regarding traffic volume and traffic safety and the impacts of truck traffic on the quality of life in relation to the Dufferin Quarry and the proposed expansion, in particular Maple Avenue. Through its Traffic Impact Study, Dufferin advised that the application intends to extend the life of the quarry, not increase the volume of aggregate that is extracted and hauled from the quarry annually. As a result, the number of trucks per day using the existing haul routes is not expected to increase and as such, daily levels of traffic congestion will remain unchanged as a result of this application. The JART and its Peer Reviewers have reviewed the technical reports and have no technical issues with the continued use of the existing haul routes. Through on-going discussions, Dufferin has agreed to restrict truck traffic on Maple Avenue, east of Trafalgar Road to local deliveries only. Local deliveries are generally defined by an area included the lands bounded by 22 Side Road to the north, 10 Side Road to the south, Trafalgar to the west and Winston Churchill Boulevard to the east. All other truck traffic generated by the quarry will be directed south on Trafalgar Road, from 17 Side Road or via Regional Road 25. It is important to note that these restrictions would apply to haulage from lands identified in the expansion application. This restriction will be incorporated into a Haul Route Mitigation Agreement and will include details related to the monitoring and enforcement protocol that will be utilized. In general, the movement of trucks along Maple Avenue will be controlled through a ticketing system with automated tracking at the intersection of Maple Avenue and Trafalgar Road. Staff have conducted a preliminary investigation and are satisfied that the technology proposed will work. As for enforcement, Dufferin has proposed an escalated discipline process which, could lead to a life-time ban from the quarry. Staff will continue to work with Dufferin to define the protocol and secure the requirements within the appropriate legal agreement. 2.4 Quarrying in the Niagara Escarpment: Mineral aggregate extraction is not permitted in the Escarpment Natural and Protection Area designations of the Niagara Escarpment Plan (NEP) which account for the Page 15 of 23

16 majority of the Plan Area. Applications can be considered within the Escarpment Rural designation, but the Purpose, Objectives, Policies and Development Criteria of the NEP must be satisfied. It is anticipated that Niagara Escarpment Commission (NEC) Staff will be reporting on the proposed expansion within their jurisdiction in late 2014 or early Natural Heritage: Individual members of the public and those representing citizens groups (CONE and POWER) raised concerns that if the quarry expansion was permitted it would result in the loss of environmental habitat and affect the remaining natural areas. The impact of the application on the natural environment including species and wetlands has been a critical part of the assessment including the revisions of the extraction area. Town Staff note that the extraction area has been reduced by 50%, since its initial submission in 2009, which has provided additional protection to the natural environment. Portions of the original extraction area that are no longer proposed for extraction will be incorporated in the overall ecological enhancement plan for the site. The June 2013 EEP describes the proposed measures to be implemented by Dufferin prior to, during and post extraction to ensure the applications result in an overall net gain to the Greenlands System. They have been designed to enhance the ecological features and functions of the Greenlands System and include a combination of: Immediate and short-term off-site enhancements that are part of a broader, landscape level restoration plan that time together the existing Acton Quarry rehabilitation plan, Acton Quarry Expansion rehabilitation plan and the surrounding natural landscape; and Progressive and final rehabilitation measures for the Acton Quarry Expansion. The overall goal of the measures proposed by Dufferin in the EEP prior to, during and post extraction is to ensure that the application results in an overall net gain to the Greenlands System as outlined in Background Section of this report (4.3 Net Environmental/Ecological Gain). Town Staff are of the opinion that through the finalization of technical matters in the EEP and AMP, to the satisfaction of the agencies and implementation through the appropriate agreements, natural heritage issues will be appropriately addressed. 3.0 Community Benefits: As previously reported the Senior Management Team created the Acton Quarry Task Force to investigate opportunities and other benefits that might accrue to the Town, Agencies and the Public should the proposed expansion be approved. Page 16 of 23

17 The following public benefits are intended to be secured and implemented through the Acton Quarry Public benefits and Environmental Protection Agreement(s): 436 ha of land are to be conveyed to the Town for recreational, conservation, water management, and educational purposes. The lands north of 22nd Sideroad would be available for active recreation (e.g. sports fields, buildings, structures, etc.). The lands north and south of 22nd Sideroad would be available for passive/open space recreational (e.g. trails, swimming, boating, lookouts, picnic areas etc.); 60.1 ha of off-site ecological enhancements will be implemented by Dufferin that will enhance the local greenlands system. This represents more land that is being enhanced for ecological purposes than is being proposed for extraction; Over 70 ha of land will be designated to a more restrictive environmental designation. This represents more land being designated environmental than is being proposed for mineral resource extraction; Dufferin will construct a water management system and improve the existing Acton Quarry Rehabilitation Plan to enhance ecological features that were influenced by the existing Acton Quarry; Dufferin will construct and fund the long term operation of a water management system that will provide: o water to the Public Agencies that can increase the assimilative capacity for effluent from the Acton Waste Water Treatment Plant; and o water to the Public Agencies for the CVC and CH watersheds that can be used to manage water resources and environmental features during periods of drought or low flow conditions. Dufferin will prohibit trucks from the Acton Quarry Expansion on Maple Ave (except for local deliveries) as referenced earlier in this report. 4.0 Next Steps: Staff anticipates the discussion on the finalization of technical matters relating to the AMP and EEP and Legal Agreements will continue over the Summer of Once the AMP and EEP are finalized Dufferin will issue revised ARA Site Plans, as revisions to these documents could have an impact on the final ARA Site Plans. It is Staff s understanding that once the AMP, EPP, ARA Site Plans and Legal Agreements have been finalized the other Public Agencies will be taking forward reports on the quarry expansion as follows: Conservation Halton and Credit Valley Conservation are anticipated to take reports to their respective Boards in the Autumn of Page 17 of 23

18 NEC Staff is anticipated to be taking a final report on their applications to the Commission in late 2014 early 2015; Regional Staff as stated are preparing a report to Regional Council for June 11, 2014 with a Final Recommendation Report anticipated in early Town Staff anticipate that discussions on the finalization of technical matters related to the AMP and EEP, ARA Site Plans and the Acton Quarry Public Benefits and Environmental Protection Agreement will continue over the balance of 2014 with a Final Recommendation Report on this matter coming before Council in early RELATIONSHIP TO STRATEGIC PLAN: The Town Strategic Plan 2031 sets out the Vision, Mission, Strategic Directions, Goals and Strategic Objectives of the Corporation to Priority #4 for the Council Term identifies the potential after-use of the Acton Quarry as referenced below: 4. Acton Quarry After Use: Negotiate an agreement with Holcim (Dufferin s parent company) for the after use/rehabilitation of the Acton quarry for the long term benefit of residents, with benefits to include watershed management, recreational opportunities, greenlands securement, and tourism opportunities. The proposed quarry expansion and the after-use plan are most closely aligned with the following Strategic Directions and Objectives: Strategic Direction A: Foster a Healthy Community states: To maintain and enhance a healthy community that provides a clean environment and a range of economic and social opportunities to ensure a superior quality of life in our community This Strategic Direction is to be achieved as it relates to this application in part through Strategic Objective A.7 and A.8 which state: A.7 To establish a greenspace network for the recreational use of residents that complements the natural Heritage System. A.8 To recognize that a healthy community is made up of an interconnected system of open spaces and natural heritage features. Strategic Direction B. Preserve, Protect and Enhance our Environment states: To preserve, protect and enhance our natural environment for the health benefits and enjoyment it provides to present and future generations. Page 18 of 23

19 This Strategic Direction is to be achieved as it relates to this application in part through Strategic Objective B.2 and B.6 which state: B.2 To promote an environment-first philosophy that recognizes the importance of the protection of the natural environment in all municipal decision-making. B.3 To preserve, protect, enhance, and where possible, restore a Natural Heritage System of significant natural heritage features and their areas, and their related ecological functions. B.6 To encourage the acquisition by the Town of significant natural areas, especially as development occurs in designated urban areas. FINANCIAL IMPACT: Assessment values for quarries are based on land usage. As a site depletes the assessment is adjusted downward. The expansion of the Acton Quarry would assist in maintaining assessment values and could have a potential to increase the assessment with increased hectares. The Town also receives royalties from the Ministry of Natural Resources based on extraction level from the quarry. These funds are placed in the Engineering Capital Project reserve and can be utilized for either operating or capital costs. COMMUNICATIONS IMPACT: Those individuals and groups who requested notification were advised by letter that this report was coming before Council. Residents were also advised of the Town s receipt of Dufferin s revised Planning Act Applications. SUSTAINABILITY IMPLICATIONS: The proposed expansion of the Acton Quarry most directly relates to the Economic Prosperity and Environmental Health pillars of Halton Hills Integrated Community Sustainability Strategy: With respect to Economic Prosperity, subject to the appropriate conditions and legal agreements, the proposed expansion would support the continued operation of an existing business and associated employment and revenue benefits to the local economy. The Strategy s goal of ensuring that quarries operate in a responsible and sustainable manner and are rehabilitated into a community asset when no longer in use is anticipated to be addressed through compliance with applicable Official Plan policies that encourage the progressive rehabilitation of all quarries. From a balanced tax base perspective, the proposed expansion of the Acton Quarry would assist in maintaining assessment values and could have the potential to increase them. Regarding Environmental Health, the Integrated Community Sustainability Strategy calls for a community where integrated, thriving natural systems are valued, actively protected, and enhanced for long-term health and enjoyment. Provided that the conditions noted in the recommendations of this report are fulfilled by Dufferin, the environmental impacts of the proposed expansion are anticipated to be minimized. Page 19 of 23

20 Potential impacts on natural heritage are anticipated to be mitigated via mitigation/monitoring plans, and off-site ecological and final rehabilitation plans. Under the Natural Resources focus area, subject to appropriate conditions and legal agreements, the proposed expansion is anticipated to: Minimize environmental impacts associated with human activity and resource extraction; and, Rehabilitate and restore resource extraction sites to ensure future community uses. From a social perspective, the proposed Community Benefits are anticipated to address key areas of concern, including those related to haul routes, environmental protection, groundwater and private wells. CONSULTATION: Planning Staff have consulted with Corporate Services, Infrastructure Services and Recreation & Parks Staff in the preparation of this report. CONCLUSION: Dufferin Aggregates submitted applications to expand the Acton Quarry in These applications have been subject to an extensive review by JART and have been revised in accordance with Agency comments. Is it noted that the extraction footprint has been substantially reduced since the applications were filed. Based on the analysis undertaken in this report, Staff is of the opinion that the revised proposal is in keeping with the provincial and local policy framework and is recommending that the applications be endorsed in principle subject to the finalization of technical matters and an Acton Quarry Public Benefits and Environmental Protection Agreement(s). Should Council concur, the Recommendations of this Report can be adopted. Respectfully submitted, Mark H. Kluge, MCIP RPP Senior Planner Development Review Adam Farr, MCIP RPP Manager of Development Review John Linhardt, MCIP RPP Director of Planning, Development and Sustainability David Smith Chief Administrative Officer Page 20 of 23

21 SCHEDULE 1: LOCATION MAP Page 21 of 23

22 SCHEDULE 2: WATER SUPPLY INTERFERENCE COMPLAINT RESPONSE PROCEDURE Page 22 of 23

23 Page 23 of 23