Licence Site Plan Amendments: By Licensee. Lands & Waters Aggregate & Petroleum Resources March 15, 2006

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1 Subject: Internal Procedure No.: New: Ministry of Natural Resources Ministère des Richesses naturelles Licence Site Plan Amendments: By Licensee A.R Yes Compiled by Branch: Section: Date Issued: Lands & Waters Aggregate & Petroleum Resources March 15, 2006 Internal Procedure For site plan amendments to change an operation from above water extraction to below water extraction, see A.R If the site is located within the Niagara Escarpment Plan Area, the proponent must contact the Niagara Escarpment Commission to determine if a development permit and/or a plan amendment is required (see A.R ). When a licensee requests, in writing, consent to amend their site plan, the following procedures apply: Step 1 Step 2 Step 3 Step 4 Step 5 Ensure that the amendment request from the licensee includes: a) a precise description of the proposed amendment; b) a full explanation of the reason(s) for requesting the amendment to the site plan; c) a sketch (preferably derived from the site plan or a revised page of the site plan) accurately depicting the proposed amendment; d) any other information required by the Aggregate Inspector to properly assess the implications of the proposed amendment; e) where the amendment involves a reduction in the excavation setback, documentation verifying whether or not the setback reduction is subject to the location criteria described in Table 1 of Internal Procedure A.R ; and f) the appropriate site plan amendment fee (major amendments only - see A.R ), payable to The Minister of Finance, and that the fee is non-refundable. Determine if the amendment is minor or major in nature (see Attachment). Where the amendment has been determined to be a minor amendment, proceed to Step 7. Based on the nature of the site plan amendment (e.g. setback removal, change in phasing and/or rehabilitation) it is advisable to conduct a site visit to ensure that the site plan has been prepared to reflect the conditions of the site. Prepare a letter to the licensee stating the following: a) advising that the licensee must circulate the proposed amendment for comments to the local and county/regional municipalities and to any other parties that may be affected (specify the other parties in the letter). OMAF must be circulated where there is a proposal to change the rehabilitation of a site to a use other than agriculture in prime agricultural areas; and Internal Procedure A.R Page 1 of 6

2 b) advising that the licensee is to provide the Ministry of Natural Resources with documentation of the circulation and copies of the comments received. Note: If the applicant is required to circulate the application to the Ministry of the Environment (MOE), the letter must also advise the applicant to attach this letter to MOE s circulation package. MOE may not review application packages or reports if MNR s letter advising the applicant to proceed with notification/consultation is not attached. Step 6 Step 7 Step 8 Complete the appropriate Proposal Notice template (see A.R ), obtain approval to post from the Area Supervisor (i.e. decision record signed) and forward the notice to the EBR Operator for posting on the Environmental Registry for a period of 30 days. Assess the amendment request in the following manner: a) ensure that the proposed amendment complies with the Act, the regulations, the site plan, and the conditions of the licence and any other recommendation on which the licence was issued (e.g. OMB report or technical report); b) for amendments (major) requiring circulation, review the comments from local and county/regional municipalities, comments from any other affected parties and any comments received under the EBR within the 30-day posting period; and c) give consideration to any possible effects relating to the proposed amendment. If the request for an amendment to the site plan is not acceptable, prepare a letter to the licensee explaining the reasons for refusal. The delegation of authority to deny a site plan amendment is the Area Supervisor. The letter should be copied to all parties who were originally circulated on the proposal. The letter should include: a) a statement to the effect that the Ministry does not approve the requested amendment to the site plan; and b) a description of the amendment and reasons for the refusal. Should the licensee wish to modify their request, a new amendment request must be submitted. If the amendment proposal was posted on the EBR, complete the appropriate Decision Notice template, obtain approval to post from the Area Supervisor (i.e. decision record signed) and forward to the EBR Operator for posting on the Environmental Registry. Note: The Act does not provide the licensee with an opportunity to appeal the Ministry s decision to refuse an amendment request made by the licensee under subsection 16(2). Step 9 If the proposed amendment is acceptable, prepare a letter to the licensee consenting to the amendment. The delegation of authority to approve a major site plan amendment is the Area Supervisor. Minor site plan amendments can be approved by the Aggregate Inspector. Internal Procedure A.R Page 2 of 6

3 The letter should include: a) the name of the licensee, the property description and acknowledgement of the licensee's request; b) a statement to the effect that consent to the amendment is given under subsection 16(2) of the Act; c) a precise description of the proposed amendment that has been approved, and a statement that the licensee is still bound by the existing site plan until the amendments are carried out and approved; d) instructions to the licensee for completing the actual amendment to the official copies or the development of new site plans: i) if appropriate, the requirement of new page(s) of the site plan as the officially approved site plan for Class A licence, whether the amended site plan is to be prepared by a qualified person pursuant to subsection 16 (3); and The amendments must be stamped/signed by the person who prepared/amended the site plan (not necessarily the person who prepared the original plan), signed by the applicant, approved by the Area Supervisor, and recorded on the site plan and dated; ii) For amendments that do not involve complex changes to the site plans (e.g. removal of a small building, relocation of a scrap storage area, etc.), the site plans may be amended by the licensee. The amendments must be initialed by the licensee and approved by the Aggregate Inspector, recorded on the site plan and dated. These changes must either be made to all copies of plans (e.g. licensee, MNR, and Municipal copies), or on the licensee s and MNR copies, with a photocopy of the changes being circulated to all other parties holding plans. For major amendments, complete the appropriate Decision Notice template (see A.R ), obtain approval to post from the Area Supervisor (i.e. decision record signed) and forward to the EBR Operator for posting on the Environmental Registry under the EBR. Step 10 Ensure that all instructions provided in the letter consenting to the amendment are carried out. When the amended site plans are approved, the Aggregate Inspector should distribute copies to any party that received the original site plan, including the following agencies: Minor amendments a) One original approved copy of the site plan and the transmittal letter to the licensee; b) Local municipality receives a copy of the site plan and the transmittal letter; c) County/Regional municipality receives a copy of the site plan and the transmittal letter; d) Niagara Escarpment Commission receives a copy of the site plan and the and Internal Procedure A.R Page 3 of 6

4 e) District/Area office retains one copy of the original site plan and the transmittal letter for the file. Major amendments a) One original approved copy of the site plan and the transmittal letter to the licensee; b) District/Area office retains one copy of the original site plan and the transmittal letter for file; c) Local municipality receives a copy of the site plan and the transmittal letter; d) County/Regional municipality receives a copy of the site plan and the transmittal letter; e) Ministry of Labour receives a copy of the transmittal letter; f) Niagara Escarpment Commission receives a copy of the site plan and the g) Ministry of Agriculture and Food receives a copy of the site plan and the h) The local Conservation Authority receives a copy of the site plan and the i) The Department of Fisheries and Oceans receives a copy of the site plan and the j) Ministry of Transportation receives a copy of the k) Ministry of the Environment receives a copy of the and l) Ministry of Northern Development and Mines receives a copy of the transmittal letter, if applicable. Internal Procedure A.R Page 4 of 6

5 Attachment: Examples of Major and Minor Site Plan Amendments Major Site Plan Amendments Major site plan amendments are those that involve significant change(s) to the operational and/or rehabilitation aspects of a site that require external review and comment. All major site plan amendments require circulation to the Regional municipality, County and Local municipality under clause 16(5)(b), providing a 30-day commenting period. Additionally, all major site plan amendments must be posted on the Environmental Registry under the Environmental Bill of Rights (EBR), for a period of 30 days. The 30-day periods for municipal circulation and EBR posting should coincide with each other. The following are examples of site plan amendments that would be considered major: a) an increase in the number of tonnes of aggregate that may be removed in a calendar year; b) a lowering of the final extraction elevation; c) a reduction in the excavation setback area that will allow excavation: i) within 30 metres of a river and stream system or fish habitat, as defined in the Provincial Policy Statement (PPS); ii) within 50 metres of woodlands, as defined in the Forestry Act, if the area of the woodlands is at least one hectare; iii) within 50 metres of hazardous lands, hazardous sites or significant areas of natural and scientific interest under the PPS; iv) within 50 metres of land identified as a significant wildlife habitat, by the municipality in which the land is located, in its official plan, or by the Ministry of Natural Resources on maps located in the Ministry s District/Area office for the area in which the land is located; v) within 50 metres of land that is determined by the Ministry of Natural Resources to be necessary for the survival of populations of a species of fauna or flora that is, declared to be threatened with extinction by regulations made under the Endangered Species Act, designated as threatened by the Ministry of Natural Resources on the List of Vulnerable, Threatened, Endangered, Extirpated or Extinct Species of Ontario, issued by the Ministry, or designated as endangered by the National Committee on the Status of Endangered Wildlife of Canada on the List of Vulnerable, Threatened, Endangered, Extirpated or Extinct Species of Ontario, issued by the Ministry of Natural Resources; vi) within 100 metres of a mine hazard, as defined in the PPS; or vii) within 120 metres of significant wetlands, as defined in the PPS. d) a relocation of the entrance/exit where permits are required by the road authority; e) significant changes in extraction and/or rehabilitation phasing/methods; f) significant changes to the final rehabilitation plan (e.g. final land-use); g) recycling materials that require external approval (Municipal, MOE); Internal Procedure A.R Attachment: Examples of Page 5 of 6 Major and Minor Site Plan Amendments

6 h) processing equipment where the zoning by-law does not address accessory uses; i) asphalt/concrete plants where they are not specifically mentioned as an accessory use in the zoning by-law*; j) hours of operation, if extending the hours of operation; k) the addition of a salt storage facility (e.g. for winter sand) on a licenced site (see A.R ); and l) composting. * Section of the Provincial Policy Statement states...portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for an official plan amendment, rezoning, or development permit under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities. In these situations, portable asphalt/concrete plants can be processed as a minor amendment as long as they will only be on site for the duration of the public authority contract(s). Minor Site Plan Amendments Minor site plan amendments are those that involve minor change(s) to the operational and/or rehabilitation aspects of a site that do not require external review and comment. The following are examples of minor amendments, which can be approved by the Aggregate Inspector: a) adding/relocating buildings; b) adding/relocating stockpiles; c) adding/relocating scrap storage areas; d) deletion of fencing and demarcation of boundaries; e) changes to the type of fencing and gates; f) revising tree species and vegetation cover; g) revising berm heights and sideslopes; h) more flexible phasing to allow for blending; i) recycling of materials that do not require external approval; j) portable processing equipment where the zoning by-law addresses accessory uses; k) portable asphalt/concrete plants for the duration of public authority contracts; l) asphalt/concrete plants where the zoning by-law specifically identifies them as an accessory use; m) removal of excess topsoil from the site; n) a reduction in the excavation setback area that is not part of the location criteria list above (EBR Criteria) and the licensee has an agreement with the adjacent landowner; o) removing rehabilitated areas or virgin areas from a licence; p) licence amalgamations; q) importation of fill and/or topsoil to establish required slopes; r) hours of operation, if reducing the timeframe of the site; and s) importation of aggregate for blending and resale. Internal Procedure A.R Attachment: Examples of Page 6 of 6 Major and Minor Site Plan Amendments