Latest News
- Fri. Jun. 7, 2013
Flamborough Review
FORCE recipient of Environmentalist of the Year award - Wed., Apr. 24, 2013
Hamilton Spectator
Mahoney: Quarry foes set to celebrate holding their ground - Mon., Apr. 8, 2013
Flamborough Review
Quarry battle over opponents say - Wed.,Mar. 27, 2013
Flamborough Review
FORCE ready to celebrate quarry victory - Thurs., Mar. 14, 2013
Flamborough Review
My View: The community that could
St Marys Cement
- Step by Step Guide to ARA Process - January 27, 2009
- Incomplete Aggregate Application Returned to St Marys Cement - February 9, 2009
- St Marys Cement Resubmits Application - February 13, 2009
- St Marys ARA Application deemed "Complete" - March 3, 2009
- Complete ARA Documents submitted to MNR by St Marys Cement - March 9. 2009
- St Marys Cement Public Notice - Hamilton Spectator - (31 KB)
- St Marys Cement Public Notice - Flamborough Review - (26 KB)
- ARA and Quarry Fact Sheet - Distributed at FORCE Community Meeting April 15, 2009 (155 KB)
- Copies of St Marys Cement’s Aggregate Licence Application documents are available for Community Review
- ARA 45 Day Notification and Consultation Objection Instructions
- Environmental Registry Comment Period Instructions
- Key Stakeholders Objections, Reports and Submissions - St Marys Cement ARA Application Consultation period
- St Marys Cement 20 Day Objector Notice
- First Wave - 20 day reconfirmation letters
- 20 Day Reconfirmation Update
- Second Wave - Final 20 day response
Thank you!
The second and final 20 day response is set to end on March 1st, 2010.
Thank you Carlisle Farm Market, Balacava Public School and Our Lady of Mount Carmel Catholic School for helping make the process of reobjecting easier by providing the Community a convenient location to drop off Objection Reconfirmation letters and Generic Objection letters.
If you received a registered letter with a due date of March 1st, these "drop-off boxes" will be available until Thursday, February 25th. Remember two copies of the letters are required for each person objecting, one for St Marys Cement and one for the Ministry of Natural Resources (MNR). If you have not completed the objection reconfirmation process Instructions and templates letters can be found below.
Over 1,000 People Have Spoken
The first wave of 20-Day Objection Reconfirmation Letters are in.
St Marys Cement seems to feel that they have responded to our objections. Well, so far over 1,000 people have taken time out of their personal lives to tell St Marys Cement that their proposed industrial open pit mine is still not appropriate for our environmentally sensitive, rural residential and agricultural community.Over 850 objectors who had already told St Marys Cement once that their propose development is incompatible, have reconfirmed their objections. They have been joined by over 150 new individuals who have added their voice to the unanimous opposition to the application for provincial licence. Thank you to everyone who submitted letters. Our united voices do make a difference. And we aren't done yet.
Representatives from St Marys Cement have indicated that the second and final wave of Registered Notice of Objector Response Letters was sent during the week of January 25th. These letters trigger a new 20 Day response period for the last group of original objectors and have a due date of Monday March 1st.
For those that have recently received a registered letter with a March 1st due date, template letters are available below. Drop-off boxes are available for you to deposit your letters and have them be delivered for you, but in order to meet the deadline letters need to be dropped-off by Thursday February 25th. Remember two copies of the letters are required for each person objecting, one for St Marys Cement and one for the Ministry of Natural Resources (MNR).
Drop-off Boxes to collect letters for delivery are located at the following locations:
Carlisle Farm Market Video Store (upstairs with the Dry Cleaners & Water Depot)
Centre Road & Carlisle Road, Carlisle
Our Lady of Mount Carmel Elementary School & Balaclava Public School
Centre Road & 10th Concession, Carlisle
To make things easier, and to save everyone the cost of sending registered letters, we will continue to collect the completed objection reconfirmation letters and arrange for registered delivery to both St Marys Cement and MNR. If you are dropping off completed letters, please ensure that you provided two copies of the letters both signed and dated, and both with your complete mailing address including building #, street name, city, province, and postal code.
We would prefer that you forward your letters to us in order that we can make sure that everyone is accounted for. If you live outside of the local area, please feel free to mail copies of your completed letters to us and we will then forward them to St Marys Cement and MNR. You can send your letters via regular mail to FORCE c/o Lawson Park Ltd., Box#15 RR#1 Freelton, Ontario L0R 1K0.
And remember, each person who sent in an original objection letters needs to reconfirm their objections or their objections may be considered withdrawn.
As St Marys Cement is now indicating that all those who originally objected back in the Spring of 2009, during the 45 Day Consultation period, should have received their registered letter, we need to know if anyone has not. If you sent in an original objection, but have not received a registered letter from St Marys Cement containing a Notice of Objector response form triggering the 20 Day response period, please let us know. Send email to info@stopthequarry.ca or call us at (905) 659-5417.
And as a reminder, if you are new to this issue and would like to object now, but did not object last spring, here's what you can do. MNR rules prevent you from becoming part of the official objector group since you did not object during the original 45 day consultation period, but since we feel that everyone should have right to express their objection to this outrageous proposal, we have developed a generic template objection letter that can be used. If you fall into this situation, please complete two copies of the generic objection letter and you can also drop those letters off at the drop-off locations and they will be delivered for you.
As explained in previous communications, this 20 Day Notice of Objector response process normally occurs near the end of the two year application timeline, and only after applicants have made meaningful efforts to resolve objections. In our situation, St Marys Cement is forcing us to go through this process now, without any changes to their original proposal, and since they have given us no reason to withdraw our objections, why would we? Let's show St Marys Cement that we have no intention of doing so. Our objections are substantive and appropriate. Let's do whatever we need to do to make sure that our objections remain in force.
Community Alert
St Marys Cement triggers a new step in the Aggregate Licence Process
Your action is required!
As expected Registered Letters from St Marys Cement started arriving this first week of January 2010. These letters are the latest correspondence sent to the over 1,200 people who took the time to submit their objections to the proposed St Marys Cement Flamborough Quarry in April \ May 2009. If you were one of them, Thank You for making your objections known then. Unfortunately St Marys Cement is already forcing you to renew your objections once more, or they will be considered withdrawn.
(If you did not send in objections to the Aggregate Licence Application back in the spring of 2009, St Marys Cement seems to have stopped communicating with you. You did not receive their Newsletter #9 sent in the Fall of 2009 nor would you have be receiving the letters indicating how St Marys Cement was dealing with (or not dealing with) the concerns and objections raised by our Community. This material is however available to you on the FORCE website so that you can stay engaged with this important community issue.)
The Aggregate Licence process gives the applicant two years to finalize their application and attempt to resolve any concerns from stakeholders. Normally during this two year time frame, applicants meaningfully modify their applications through revised technical work and stakeholder discussions. St Marys Cement, by contrast, has not made any modifications to their original application and now just six months after the original comment period had closed they are requiring us to participate in another round of objection submissions by triggering a 20 day Notice of Objector Response process.
This process which is started by the sending of registered letters to objectors, requires objectors to respond by registered mail and to reconfirm their objections or their objections may be considered withdrawn. As already stated, this process normally occurs near the end of the two year application timeline and only after applicants have made efforts to resolve objections. In our situation, St Marys Cement is forcing us to go through this process now, without any changes to their original proposal, and as they have given us no reason to withdraw our objections, why would we?
All of us need to ensure that we don't let St Marys Cement succeed with this inconsiderate use of the Aggregate Licence process. The scope of this proposed massive industrial open pit mine is clear. Documents submitted as part of the Aggregate Licence application provide the following information:
- Site Operations are planned six days a week, Monday through Saturday.
- Onsite activities start at 7:00 a.m. and operate until 7:00 p.m. on weekdays and until 12 noon on Saturdays.
- Trucking operations start at 6:00 a.m. each day with peak truck activities estimated at 1 truck movement every 26 seconds.
- Removal of 3 million tonnes per year, creating an average excavation depth of 32 meters or 100 feet, over an area of 164 acres, just 3kms north of Carlisle.
- Proposing an untested, theoretical groundwater mitigation system to address the acknowledged unacceptable impact on groundwater. This system will be required to pump 90 million litres of water per day for the life of the project.
- An estimated project lifespan of 25 to 30 years just on the original parcel of lands, not including the 154 acres of land St Marys Cement owns to the west.
If Approved, this Proposal will Change Our Communities Forever!
We Can't Let That Happen, We Must Join Together and Stop the Quarry!
To make it easier for all of us to respond to St Marys Cement's use of the Notice of Objector Response process we have arranged the following:
- Objection Reconfirmation Template Letters have been prepared for your use. These letters need to be sent to both St Marys Cement and the Ministry of Natural Resources (MNR) just as our original objections did. This time though, they need to be sent by registered or confirmed delivery.
- A Public Meeting will be held on Wednesday January 20th at 6:30pm at Our Lady of Mount Carmel Elementary School (Presentation at 7pm). At this meeting we will explain the process, update you on what has happened since our last meeting, answer any questions that you might have, and collect completed Objection Reconfirmation Letters so that we can deliver them to St Marys Cement and MNR for you.
- For those that can't make the meeting on January 20th, staffed Drop-In Centres will be operating from Thursday January 21st to Saturday January 23rd at the Carlisle Farm Market Video Store (Thu & Fri 6pm to 9pm, Sat 10am to 3pm) and also on Saturday January 23rd at the Campbellville Lions Hall (10 to 3pm). Representatives will be available to answer any questions that they will have a supply of template letters that can be completed and submitted then and there.
- Drop-off Boxes to collect letters for delivery will also be located at both Our Lady of Mount Carmel Elementary School & Balaclava Public School during the school day starting on Wednesday January 13th.
To make things easier, and to save everyone the cost of sending registered letters, we will be collecting the completed objection reconfirmation letters and arranging for registered delivery to both St Marys Cement and MNR. If you are dropping off completed letters, please ensure that you provided two copies of the letters both signed and dated, and both with your complete mailing address including building #, street name, city, province, and postal code.
And remember each person who sent in an original objection letters needs to reconfirm their objections. Blank copies of the template letter will be available at the Public Meeting on January 20th, on the website (www.StopTheQuarry.ca), and at the staffed Drop-In centres.
We would prefer that you forward your letters to us in order that we can make sure that everyone is accounted for. If you live outside of the local area, please feel free to mail copies of your completed letters to us and we will then forward them to St Marys Cement and MNR. You can send your letters via regular mail to FORCE c/o Lawson Park Ltd., Box#15 RR#1 Freelton, Ontario L0R 1K0.
St Marys Cement is also making this process more complicated by staggering the dates of when they trigger the 20 day period. Most people who used the template objection letter this spring received a copy of the response from St Marys Cement back in October \ November of 2009 and then their registered letter in early January 2010, this make their due date February 1st, 2010. Some people who wrote custom objection letters only received their first response from St Marys over the holiday season, and it is not known when they might be receiving their registered letter. The process requires that we reconfirm our objections within 20 days of receiving the registered letter. We need to ask everyone to pay careful attention to what timeline they need to follow. The due date for your response is shown on the cover page, the NMR Notice of Objector Response Form in the second to last paragraph. We will continue to collect letters and monitor the timeline in order to ensure that everyone get there reconfirmation of objections submitted despite how difficult the process becomes.
(And note, if you have decided not to pick up your registered letter from the Post Office, the aggregate application process considers the registered letters to have been delivered after 5 days, whether or not you ever sign for it. So leaving the letter at the Post Office doesn't really help and you still need to send in your objection reconfirmation letter or your original objections may be considered withdrawn.)
We won't be fooled by St Marys Cement's empty response to our objections. To us, it appears that St Marys Cement is just ticking another box on its "to do" list for the aggregate license process. Perhaps they hope that by making us jump through some more hoops, they can dramatically reduce the number of objectors. However, since they have given us no reasons to withdraw our objections, let's show St Marys Cement that we have no intention of doing so. Our objections are substantive and appropriate. Let's do whatever we need to do to make sure that our objections remain in force.
Public Meeting | Wednesday January 20th, 2010 (6:30 p.m.) |
Presentation at 7:00 p.m. | |
Our Lady of Mount Carmel | |
Catholic Elementary School | |
1624 Centre Road, Carlisle, Ontario |
Staffed Drop-In Centres | Carlisle Farm Market Video Store |
Centre Road & Carlisle Road, Carlisle | |
Thursday & Friday Jan 21st & 22nd (6 to 9pm) | |
Saturday Jan 23rd (10am to 3pm) | |
Campbellville Lions Hall (Saturday Only!) |
Drop-off Boxes | Our Lady of Mount Carmel Elementary School |
Balaclava Public School | |
Starting Wednesday Jan 13th during school hours |
Template Letter: (for those who are required to repsond during the 20 Day Reconfirmation period)
Objection Reconfirmation letter in WORD format (35 KB)
Objection Reconfirmation letter in PDF format (15 KB)
Objection Reconfirmation letter in TXT format (7 KB)
Documents/Notices:
Community Public Meeting Notice (248 KB)
Sample of St Marys Cement 20 Day Notice Letter (5 MB)
Didn't submit an Objection Letter
during the original 45 Day Consultation Period?
If you didn't submit a Objection Letter back in the spring of 2009 during the original 45 day consultation period, you will not be able to join the list of official objectors. According to the rules of the Aggregate Licence process, unless you sent in an earlier letter you can't join the objection process at a later date. This restriction even applies to people who have recently moved into the area and have only now become aware of the proposed quarry.
That being understood, we feel that everyone who objects to this outrageous proposal should have the right to have their voices heard no matter when they choose voice their objection. To assist with that we have prepared the following Generic Objection Letter that can be send into to the Ministry of Natural Resource and St Marys Cement. As explained this wont make you part of the official list of objectors but it will document that you oppose the proposed quarry and allow us to include your name in the list of many Ontario residents who are saying No to this unreasonable assault on our communities.
Generic Objection Letters may be deposited at our Drop-In or Drop-Off locations or forwarded to FORCE (Friends of Rural Communities and the Environment (FORCE) Lawson Park Ltd, Box 15 RR#1 Freelton, ON L0R 1K0) for delivery to St Marys and the Ministry of Natural Resources.
Please take the time to speak with your friends and neighbours and ask them if they have objected to the proposed Flamborough Quarry. Each of us needs to register our objections and whether we did it last spring or not, please help to ensure that all of us do so now.
NOTE: If you sent in your objection back in the spring of 2009 during the original 45 days consultation period please DO NOT use this Generic Objection Letter template, you should be using the Objection Reconfirmation Letter in order to keep your original objections in force and prevent them from being considered withdrawn.
Generic Objection Template Letter: (for those who did NOT send in an original objection during last years 45 day objection period)
Generic Objection letter in WORD format (28 KB)
Generic Objection letter in PDF format (12 KB)
Generic Objection letter in TXT format (3 KB)
Please keep watching your e-mail and checking the community website (www.stopthequarry.ca) for further information and instructions.
Sample 20 Day Ojbection Reponse Letter(s) sent by St Marys Cement (CBM):
Following are reports, documents and formal objection letters submitted by key stakeholders during the formal 45 day consultation period:
-
FORCE Objection Cover Letter (51 KB)
FORCE ARA Community Report (374 KB)
FORCE ARA Objections - Aquatic Environment Review - Aquafor Beech Ltd. (48 KB)
FORCE ARA Objections - Hydrogeologic Review - Intera Engineering Ltd. (105 KB)
FORCE ARA Objections - Natural Environment Review - North-South Environmental Inc. (157 KB) -
City of Hamilton Objection Letter (401 KB)
City of Hamilton Motion Objecting to St Marys Cement's Aggregate Licence Application (34 KB) - City of Burlington (88 KB)
Burlington Objection Report (369 KB)
- Town of Milton notification to formally object to St Marys ARA appliction (55 KB)
- Region of Halton Objection Letter (269 KB)
Halton Region Objection Report (2.19 MB) - Conservation Halton Objection Letter (89 KB)
Conservation Halton Objection report (369 KB) - Ontario Ministry of the Environment Objection Letter (179 KB)
- Ontario Ministry of Natural Resources Objection Letter (44 KB)
- Hamilton-Wentworth Federation of Agriculture Objection Letter (39 KB)
- Halton Federation of Agriculture Objection Letter (28 KB)
- Hamilton Public Health Services Objection Letter (43 KB)
- Hamilton-Wentworth District School Board Objection Letter (85 KB)
Balaclava Public School Council Objection Letter (104 KB) - Environmental Defence Ojbection Letter (65 KB)
VOICE YOUR OBJECTIONS!
St Marys Cement has submitted an application to the Ministry of Natural Resources (MNR) for an aggregate license under the Aggregate Resources Act. We had been expecting this development for some time now. On Friday April 3rd, 2009 St Marys Cement initiated the formal public notification and consultation process. We have only 45 days to respond to the application.Now is the time to voice our objections and have them heard! This is one of the most important steps thus far in our battle against this proposal to place an industrial open pit mine in the midst of our communities.
We strongly encourage everyone in each household to take action on this matter. Written objections and the reasons for them will be accepted until the official deadline of Thursday May 21, 2009.
The information on where to send objections is shown below. Objections and reasons must be sent to both St Marys Cement and MNR. We also ask that you copy FORCE at info@StopTheQuarry.ca when submitting your objection via email.
Our submissions must clearly state any objections and the reasons why. To make it easy, a template letter has been prepared. A copy of the template letter will be available at the FORCE Community Meeting on April 15, 2009 or below you will find a downloadable copy as an Adobe PDF file, MS Word document or plain text file. The template letter contains a discussion of many of the key issues. Feel free to use it, as is, or to write a personalized letter using its basic points to help you get started.
Important: Objection letters must contain a complete postal address, whether sent by mail or e-mail, or they will not be considered acceptable. A complete postal address includes residence #, street name, town, province, and postal code.
Our voices will help to ensure that our communities’ objections are heard and our requests granted.
We need to take action right away and send in comments by mail or e-mail before the May 21, 2009 deadline.
Mail to:
St Marys Cement Inc. (Canada)
55 Industrial Street
TORONTO, ON
M4G 3W9
***AND***
Ministry of Natural Resources – Guelph District
1 Stone Road West
GUELPH, ON
N1G 4Y2
Email to:
communityinfo@stmaryscbm.com and MNRFQA@ontario.ca * Note: The 45 day notification and consultation period is now over
Template Letter - Remember, you must add your full mailing address to your objection letter. Objections without a full mailing address will not be accepted:
Microsoft Word format(Complete the template letter and attach to your email)
Adobe PDF format(Print, fill out and mail via Canada Post)
Plain Text format(Copy and paste into your favourite email program or word processor)
Submit your comments to the Environmental Registry (EBR)
In conjunction with the 45 day notification and consultation period for a Catagory 2 Aggregate application, a notice has also been posted on the Environmental Registry.Please Note: Comments received through EBR should not be construed as an objection under the Aggregate Resources Act in accordance with section 4.0 – Notification and Consultation Standards of the Provincial Standards 1.0 under the ARA. To be considered as a formal objector, please follow the steps above - "VOICE YOUR OBJECTIONS!"
All comments received prior to May 21, 2009 will be considered as part of the decision-making process by the Ministry of Natural Resources if they are submitted in writing or electronically using the online form (see link below) and must reference EBR Registry number 010-6227.
Below you will find a copy of a template letter as an Adobe PDF file, MS Word document or plain text file. The template letter contains a discussion of many of the key issues. Feel free to use it, as is, or to write a personalized letter using its basic points to help you get started.
Steps for submitting comments to the EBR #010-6227:
Submit on-line
http://www.ebr.gov.on.ca/ERS-WEB-External/searchComment.do?actionType=add¬iceId=MTA2MTUx&statusId=MTU5MjAw¬iceHeaderIdString=MTA2MTUx
* Note: The 45 day notification and consultation period is now over- Complete the on-line form
- copy and paste into the "comment" section of the form, the text from one of the template letters below or send your personal comments and "save" the form.
- Once you have completed your submission, kindy email FORCE at info@stopthequarry.ca using the subject line "Comments submitted to EBR #010-6227".
or Submit by Mail
- Mail your comments to:
Diane Schwier
Aggregate Inspector
Ministry of Natural Resources
Field Services Division
Southern Region
Guelph District Office
1 Stone Road West
Guelph Ontario
N1G 4Y2 - Once you have completed your submission, kindy email FORCE at info@stopthequarry.ca using the subject line "Comments submitted to EBR #010-6227".
EBR Template Letters:
Microsoft Word format
Adobe PDF format
Plain Text format
FORCE has arranged for copies of St Marys Cement’s Aggregate Licence documents to be available for public review at both the Waterdown Municipal Centre and the Carlisle Branch of the Hamilton Public Library. The hours of the Carlisle library should allow those with typical weekday responsibilities to access the documents in the evenings and on Saturday.
City of Hamilton
Waterdown Municipal Service Centre
163 Dundas Street East, Highway #5
Monday through Friday, except holidays.
8:30 a.m. to 4:30 p.m.
Carlisle Branch Library
496 Centre Road, Carlisle
Hours:
onday: 2 - 8 pm
Tuesday: 2 - 8 pm
Wednesday: 2 - 8 pm
Thursday: 10 am - 5 pm
Friday: Closed
Saturday: 10 am - 5 pm
Sunday: Closed
Documentation submitted to the Ministry of Natural Resources (MNR) by St Marys Cement (CBM):
* Many of these document files are large and may take sometime to download
- Summary Report (28.5 MB)
- Hydrogeological:
- Volume 1 - Hydrogeological Report (41.63 MB)
- Volume 2 - Groundwater Flow Model Report (25.94 MB)
- Volume 3 - Appendices:
- Appendix A to D (71.11 MB)
- Appendix E to F (37.22 MB)
- Appendix G to K (76.63 MB)
- Natual Environment (61.07 MB)
- Hydrological (26.74 MB)
- Archaeology:
- Archaeological Addendum (3.04 MB)
- Archaeological Assessment Stage 1 - 3 (4.77 MB)
- Blasting (5.54 MB)
- Bench Height (5.33 MB)
- Noise (10.12 MB)
- Agricultural (5.91 MB)
- Soil-Agricultural Mapping Update (6.43 MB)
- Site Plans:
- Site Plan 1 - Existing Features (3.07 MB)
- Site Plan 2 - Operational Plan Phase A (2.89 - MB)
- Site Plan 3 - Operational Plan Phase B-E (3.79 MB)
- Site Plan 4 - Section and Details (2.19 MB)
- Site Plan 5 - Rehabilitation Plan (2.84 MB)
- ARA Application Form (309 KB)
MNR says St Marys Cement's aggregate license application is "Complete"
The Ministry of Natural Resources (MNR) provided written notice on March 3, 2009 to St Marys Cement that the company's aggregate license application under the Aggregate Resources Act (ARA) has been deemed "complete". St Marys Cement is now authorized to move to the notification and consultation stage of the ARA process.St Marys Cement has written to FORCE indicating that the company expects to begin the 45 day consultation period late in March or early in April. A company representative has committed to getting back in touch with FORCE once a date has been set for the public information session on the application.
Writing in so that all of our objections are received before the ARA 45 day comment period deadline passes will be critical. It will also be important to attend the public information session.
MNR will also post notice of the aggregate license application on the Environmental Bill of Rights (EBR) registry allowing us to comment there as well.
Sample objection letters for the ARA and Environmental Registry processes will be made available here shortly and will be distributed via e-mail and other means within the community.
Please check back often for updates and information on how to respond as the ARA process now moves forward.
St Marys Cement Resubmits Application for License to MNR
St Marys Cement resubmitted their Aggregate Resource Act (ARA) application for the proposed Flamborough quarry to the Ministry of Natural Resources (MNR) on February 13th, 2009. MNR now has up to another 20 days to review the material. The review could take less time though, since the application has already been submitted once, but the last possible day for a determination of completeness and compliance is March 4th, 2009.Please check back often for updates and information on how to respond as the ARA process moves forward.
Incomplete Aggregate Application Returned to St Marys Cement
On Monday February 9th, the Ministry of Natural Resources (MNR) notified St Marys Cement that the January 22nd application for an aggregate license was incomplete. According to the MNR official handling the application, they have asked St Marys Cement for minor changes to its site plan and clarification on a few points. They further commented that the specific issues that resulted in an "incomplete" cannot be known to the public, because the application is not considered public until it is accepted as complete.The "incomplete" grade is a temporary reprieve for our communities. We expect that St Marys Cement will resubmit the application. At that time the MNR will have another 20 days to review the new submission, although it may not take that long.
Should the MNR declare the application to be complete, the MNR will post the application on the Environmental Bill of Rights (EBR) web page. That posting is our first opportunity to formally object to the application.
St Marys Cement has two choices should the application be declared complete.
- St Marys Cement can do nothing. There is no penalty, and there is no timeline for doing nothing, or
- St Marys Cement can notify the public in a newspaper that an application has been accepted by the MNR and that there will be a public information session held at some future date. The day the public notice is given starts the 45 day deadline for our communities to express their objections.
The ARA (Aggregate Resources Act) License Application Process -
A Step by Step Guide to the Process
The Aggregate Resources Act (ARA) license application process is proponent (St Marys Cement) driven. It consists of 6 key steps:
- Preparation / Pre-consultation
- Submission / Compliance
- Notification / Circulation
- Consultation
- Resolution of Objections
- Decision
St Marys Cement prepared materials and reports for its application. Typically the proponent documents the meetings, open houses, and public information centres that it has held as pre-consultation with agencies and stakeholders.
Step 2 - Submission / Compliance
On January 22nd, 2009, St Marys Cement submitted a formal ARA application to the Ministry of Natural Resources (MNR).
MNR has 20 days to review the application for its compliance under the ARA.
An application that is found to be incomplete or non-compliant will be returned to St Marys Cement. The applicant can then resubmit.
If the application is determined to be complete and compliant, St Marys Cement will be authorized to begin a notification / consultation process. This process has another set of timelines document below.
A complete and compliant application decision will also mean that MNR will post a notice on the Environmental Bill of Rights (EBR) registry.
The EBR notice about the St Marys Cement application will be posted for 30 days. The notice will tell us:
- where we can find the details about the proposal
- how and where we can send our comments
- the deadline for having our comments considered
Watch e-mail and visit this web-site regularly for recommendations on how to respond to the Environmental Registry posting.Step 3 - Notification / Circulation and Step 4 - Consultation
Once the application has been determined to be complete and compliant, St Marys Cement will decide when to begin steps 3 and 4. There is a time limit on this part of the process once it begins, but it is proponent driven. St Marys Cement chooses when these steps begin.
A 45 day notification and consultation period begins when St Marys Cement publishes a copy of the Notice of Application for Licence and a Notice of Information Session in local papers.
- Once public notice has been issued, the clock starts ticking. St Marys Cement has two years to complete the process. If the application has not been completed within 2 years, with the required information sent to MNR, the application is deemed to be withdrawn and all application documentation will be returned.
- by written notice to landowners with 120 metres of the proposed site, and
- by signage posted on the boundary of the site which is maintained for the 45 day notification period.
During the 45 day period, St Marys Cement is required to host a public information session outlining all details of the proposal.
- The community must receive 20 days notice of the information session from the time the newspaper notice was published,
- The community must have 10 days to comment after the information session, up to the 45th day from the initial notification posting.
- This timeline means the public information session must be held between days 20 and 35 of the notification period.
Implications for our communities-
Be ready to attend the public meeting. Gather your family, friends, and neighbours to attend.Watch e-mail and check this web-site for sample responses.
Register your objection and the reasons why in writing to St Marys Cement and the District Manager of the MNR as quickly as possible after the meeting and before day 45. Sample responses and contact information will be provided for everyone.
NOTE: Comments submitted via the EBR and objections made via the consultation process feed two different provincial processes. Both are critical and both must be done.
Step 5 - Resolution of Objections
During this phase, which can last up to 2 years after the public notice, St Marys Cement will attempt to resolve all objections to its proposal.
If objections are resolved, St Marys Cement is required
- to amend the application, site plans, or reports in consultation with MNR to reflect the resolution of the objections,
- to obtain written confirmation (letter of withdrawal) from all objectors that their objections have been addressed, and
- to submit documentation to the MNR.
- St Marys Cement is required to submit to MNR and the remaining objectors
- The list of unresolved objections
- documentation of attempts to resolve objections
- St Marys Cement recommendations for resolving the objections
- Notice of a 20 day response period by the objectors to the company’s recommendations.
- Within 20 days of receiving the information from St Marys Cement, the objectors must submit to MNR and St Marys Cement their recommendations for resolving the objections. If the objectors do not respond within 20 days, their objections are considered to be void and no longer under consideration.
- St Marys Cement will then submit documentation to MNR as its final submission. This submission must occur within 2 years of the public notification date or the application is considered withdrawn and all documents are returned to the company.
Be ready to respond to St Marys recommendations within the 20 day notice period. Sample responses and contact information will be provided for everyone to use.Step 6 - Decision
Once MNR has received the final submission from St Marys Cement, prior to the 2 year process deadline, the material will be evaluated. Within 30 days of receiving the material, MNR staff will make a recommendation to the Minister. The recommendation may be to refer outstanding objections to the Ontario Municipal Board (OMB) or to the Consolidated Hearings Board (joint board of the OMB and the Environmental Review Tribunal (ERT)), to refuse the license, or to grant the license with conditions.
More information on this part of the process and possible subsequent appeals will be shared as we get closer to this stage.
Implications for our communities -
Watch e-mail and this web-site for recommendations.
NOTE: At the same time as the ARA process is occurring, the City of Hamilton and area municipalities will continue to be looking at St Marys Cement’s applications for Official Plan and Zoning By-law Amendments. Information on this process including the dates and time for public meetings and opportunities to raise objections through this process will continue to be provided. Click here for a diagram of how the City of Hamilton believes these two processes will mesh together.
For more details about the ARA process, please see the Aggregate Resources of Ontario Provincial Standards.
View a diagram of the 6 Step ARA (Aggregate Resource Act) Process.
View the FORCE letter to MNR regarding Application for Licence Procedure, Aggregate Resource Act - ARA (11.1)
View St Marys Cement's letter to MOE - January 22, 2009
View the FORCE Press Release - January 28, 2009