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Public Meeting Agenda - Council Chamber
Thursday, July 11, 2019 - 7:00 PM
Page
1. OPENING OF THE MEETING
2. ADOPTION OF AGENDA AND/OR AGENDA ADDITIONS 2.1. Agenda and Additions dated July 11, 2019.
Recommendation: That the agenda and additions thereto be adopted.
3. DISCLOSURE OF PECUNIARY INTEREST
4. PUBLIC MEETINGS 4.1. Fowler Construction Company Ltd. OP-1/17 and Z-8/19
Proposed quarry expansion at Part Front Range Lot 40, Township of Ramara (formerly Township of Rama), known municipally as 7723 Rama Road
EcoVue Report
MHBC-Fowler Presentation
2019-07-11 Residents Presentation
Handouts_Objections_Peer Review
2 - 46
5. CONFIRMATION BYLAW
6. ADJOURNMENT
Page 1 of 46
1.0 Recommendation
That Council receive the report dated July 3, 2019 from EcoVue Consulting Services Inc., with respect to
the update on the applications from Fowler Construction Company Ltd. (OP-1/17 and Z-8/17) to expand
the Fowler (Fleming) Quarry.
2.0 Background
An application was received on November 17, 2017 by the Township of Ramara requesting an
amendment to the Township of Ramara Official Plan (2003) and the Township of Ramara Zoning By-law
2005-85. The purpose of the Official Plan Amendment application is to change the land use designation
on the subject lands from Rural to Mineral Aggregate Extraction Area, while the purpose of the Zoning
By-law Amendment application is to change the zone category on the subject lands from the Rural (RU)
Zone to the Mineral Aggregate Extraction (MAE) Zone. The site is currently vacant, and the intent of the
applications is to facilitate the expansion of the licensed area of the existing Fowler (Fleming) Quarry.
3.0 Update on Application Process
Below is a summary of events since the previous update provided to Council on December 21, 2018:
Planning Report To: Mayor and Council, Township of Ramara
Subject:
Applications for Official Plan and Zoning By-law Amendments Applicant: Fowler Construction Company Ltd. c/o MacNaughton Hermsen Britton Clarkson (MHBC) Planning Limited Part Lot 40, Concession Broken Front, Geographic Township of Rama 7723 Rama Road, Township of Ramara
Municipal File No.: OP-1/17, Z-8/17
EcoVue File No.: 17-1705-01
Date: July 3, 2019
Agenda Item #4.1.
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OP-1/17 and Z-8/17 Fowler Quarry Expansion
Township of Ramara July 3, 2019
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1. Peer-Review Comments
The Township received a letter from its engineering peer review consultant, Tatham Engineering,
indicating that there were no further issues with the traffic analysis provided by the applicant’s consultant.
The review conducted by Tatham included traffic counts that were provided by local residents in addition
to the data provided by the applicant.
As noted in our report of December 21, 2018, the traffic comments were the only remaining outstanding
peer review comments that had not yet been resolved. As such, Township staff now consider the
technical peer review process to be complete.
2. Township ARA Objection
The Township formally objected to the application for a Licence and an application to amend the existing
Licence under the Aggregate Resources Act (ARA) in Spring of 2019. The objection was submitted to
the Ministry of Natural Resources and Forestry (MNRF) on the basis that the applications do not
conform/comply with the Official Plan designation (Rural) and zone on the property (Rural (RU) Zone).
3. Applicant Response to MNRF Objection
The MNRF had previously objected to the Site Plans provided by the applicant in support of the ARA
Licence Applications. In response to this objection, the applicant provided revised Site Plans to MNRF
on February 5, 2019. A letter from MNRF, dated April 9, 2019, outlined outstanding concerns regarding
the rehabilitation plan. At the time of the writing of this report, the Township is not aware of any further
response provided by the applicant to MNRF regarding outstanding concerns.
4. Public Comments
The applicants provided a letter to Council on March 6, 2019 providing a summary of their response to
public concerns/comments related to the expansion and existing quarry operations.
It is anticipated that additional comments will be provided by members of the public at the second public
meeting on July 11, 2019. The applicant will be expected to provide a response to any new comments
that area received.
Agenda Item #4.1.
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OP-1/17 and Z-8/17 Fowler Quarry Expansion
Township of Ramara July 3, 2019
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4.0 Summary
The Township’s peer review process is now complete. Staff and the undersigned will review comments
received at the second public meeting and provide a recommendation to Council at a later date.
Respectfully Submitted,
ECOVUE CONSULTING SERVICES INC.
J. Kent Randall B.E.S. MCIP RPP Manager and Senior Planner
Agenda Item #4.1.
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PROPOSED FLEMING QUARRY EXTENSION
Township of Ramara Official Plan Amendment and Zoning By-law Amendment
Second Public Meeting
Thursday, July 11, 2019 Brian Zeman, BES, MCIP, RPP
Agenda Item
#4.1.
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Submitted Applications
Proposed Extension (OPA, ZBA & New Licence Application)• 8.7 ha is proposed to be designated and zoned
Mineral Aggregate Extraction Area • Of which 6.9 ha is proposed for extraction • Approval authorities: County of Simcoe, Township
of Ramara and MNRF
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Modification to Existing Quarry (ARA Site Plan Amendment) • Increase extraction area by 1.4 ha • Deepen quarry by 15 m • Approval authority: MNRF
Agenda Item
#4.1.
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Process Leading up to May 28, 2018 Public Meeting
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2015 – Background field surveys and water assessment commenced
2016 – Agency Pre-Consultation began
June 24, 2017 – Fowler hosted Open House
November 16, 2017 – OPA and ZBA applications submitted to Township
November 17, 2017 – Township deemed application complete
January 2018 – Township commissioned peer review of technical reports
April 27, 2018 – Fowler hosted ARA Public Open House
May 28, 2018 – Township OPA and ZBA Public Meeting
Fowler has posted all technical reports and a summary of the application on their website https://www.fowler.ca/fleming-quarry/
Agenda Item
#4.1.
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Process Since May 28, 2018 Public Meeting
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June 20, 2018 and July 23, 2018 – MECP submitted comments on ARA applications
October 11, 2018 – Sign-off from Township’s Blasting and Noise peer reviewer
October 29, 2018 – Sign-off from County of Simcoe’s D4 peer reviewer
November 22, 2018 – Sign-off from Township’s Natural Environment, Water Resources and D4 peer reviewer
March 06, 2019 – Fowler submitted letter to Township responding to Residents Traffic Concerns along Switch Road
March 06, 2019 – Fowler submitted response to May 28, 2018 Public Meeting resident and council questions
April 04, 2019 – MECP provided sign-off on their comments from June 20 and July 23, 2018
July 03 and 04, 2019 – Fowler submitted a response to Township’s traffic peer reviewer and MNRF to address the only outstanding technical issues
Fowler has posted all technical reports and a summary of the application on their website https://www.fowler.ca/fleming-quarry/
Agenda Item
#4.1.
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Switch Road Traffic Concerns• In February 2019, Residents
made a deputation to Council regarding speed limit concerns on Switch Road.
• Fowler does not object to a reduction in the speed limit.
• Fowler prepared and sent a letter to all truck drivers, customers and contractors regarding truck traffic safety concerns.
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#4.1.
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Next StepsFowler is working to:- Address the remaining comments from the Township’s
traffic peer reviewer and MNRF. - Submit a written response to each ARA objector in
August. - ARA objectors will have 20 days after receipt of the letter to
respond. - If no response is received within 20 days, the objection is
deemed to be withdrawn by MNRF.- If continued objections are received within 20 days, MNRF can
dismiss the objection and decide to issue the licence once the zoning is approved or refer the ARA application to LPAT for a hearing.
Township planning staff will prepare a report to Council with a recommendation on the application.
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Agenda Item
#4.1.
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THANK YOU
Thursday, July 11, 2019 Brian Zeman, BES, MCIP, RPP
Agenda Item
#4.1.
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A Quarry Should Not Be This Close to a Community
Please vote no to the rezoning of Fowler property from Rural (RU) to Mineral Aggregate Extraction (MAE)
Presented by Ramara Legacy Alliance Inc.Ramara Township Public Meeting
Thursday, July 11th, 2019
Agenda Item
#4.1.
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This is our community, in relation to the quarry● The blue area is the existing quarry● The red area is the proposed
expansion area● There is a closed landfill site within
this radius● Fowler intends to push the western
boundary of both sites 22 metres closer to Rama Road
● The cluster of properties to the west of the quarry are represented by many of the residents here tonight. The closest lakefront property is 140m away
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Here is the potential impact to the Township:If the proposed quarry extension property is re-zoned for Mineral Aggregate Extraction….
● Council will lose the support of many voters. As candidates, everybody who was asked had indicated they would not support this quarry’s expansion.
● Minimal development to take place here, which means less development charges, or new property tax revenue
● Potential lawsuits and liability:
- dangerous future “Lake Fleming” with sheer drop, vertically-faced sides
- foreseeable traffic accidents involving quarry trucks vs pedestrian/cyclist/school bus/passenger vehicle
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Money talks
Note that property tax accounts for 64.9% of township revenues.
Aggregate -represented by 9 pits and 14 quarries in Ramara Township combined- accounts for only 1% of revenues
Bakertilly, Independent Auditor’s Report Year End Dec.31st, 2018 submitted this chart to Ramara Council May 13th, 2019
Agenda Item
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The Issues:
1. Decreased quality and quantity of our drinking water2. Structural damage to our properties and foundations, windows etc.3. The risk of flyrock to residents, vehicles, and homes4. Unacceptable noise levels to a cottage area and sensitive wildlife habitat5. The constant thundering of massive hauling truck traffic, and the danger they
pose to our community, and local cars, cyclists, pedestrians, school buses etc.6. Concern for the biodiversity-rich wetlands surrounding the quarry, which is
habitat to 6 endangered and threatened species7. The decline in property values, as well as the inability to sell our properties or
attract new buyers8. The unacceptable risk of exposure to carcinogenic silica dust, which is a by-
product of granite crushing
Agenda Item
#4.1.
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Waterfront Designation
There is a need for protection of waterfronts e.g. Waterfront Designation, like in other communities, such as Muskoka Lakes.
We would like Council to study the problem before making any decisions on voting for the rezoning.
Agenda Item
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Our water The quarry has already exposed the water table, and they are proposing to go even deeper. Fowler also just received approval for a Permit To Take Water (PTTW) in the amount of just under 2 million litres (1,940,000) of water per day. To give perspective, the community well that services the 35 homes on nearby Davy Drive has a PTTW for 75 thousand litres per day.
Given the blast-induced vibration, is there any risk of toxins leaching from the abandoned landfill east of the wetland into the water supply? Our community is protected from this risk under Bill 139.
Agenda Item
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To quote from page 5 of Golder’s hydro-geological study, granite is porous:
“Unweathered and unfractured metamorphic rocks (such as the quartzo-feldspathic gneiss or mafic gneiss seen at the site) have primary porosities (i.e. natural volume of void space) that are typically less than two percent, and primary permeabilities close to zero. Secondary porosity and permeability are commonly developed through fracturing and weathering of the rock. Fractured metamorphic rocks may exhibit secondary porosities up to ten percent (Freeze and Cherry, 1979). Groundwater flow within such bedrock aquifers is primarily through secondary porosity from fractures that have developed.”
This would indicate that not only is seepage already occurring naturally at 2%, but is made worse by the quarry activity that would create the secondary porosity via fractures, resulting in a 10% leakage.
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FlyrockThis is how close our community is to the quarry. The closest home is within the length of a football field.
Consulting mining engineer William Hill has written a peer review for us (available on request) that demonstrates the quarry is detonating much too close to our community. Among other recommendations, he states that:
The increased explosives load would require a setback in the range of at least 600m – 700m.
Agenda Item
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Unreasonable & excessive noiseOn Monday June 17th, and Tuesday June 18th, 2019, dump trucks were seen and heard driving up the ridge at the northeast corner of Rama and Switch Roads.
After dumping their load at the top of the ridge, one dump truck slammed its tailgate on the truck an average of approximately 15 times.
On Tuesday June 18th, 2019, at 12:31pm, a dump truck slammed its tailgate approximately 29 times.
Numerous complaints came from the neighbourhood. One neighbour called the OPP at approximately 1pm that day to complain about the noise. They did not hear back from the OPP. Our local councillor contacted Moreen Miller of Fowler Construction regarding excessive noise.
This is in addition to the constant noise from processing, drilling, grinding that occur on a regular basis.
On several occasions both in 2018 and this year, we believe processing began well before the mandatory 7am scheduled processing time. In particular, June 17th, 2019, 6:40am, alleged rock-chiselling noises could be heard. Video documentation available.
Agenda Item
#4.1.
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Traffic
What is wrong with this picture?
This school bus has just pulled away from the bus stop on Rama Road, about 15 metres north of Switch Road, after letting a child off. This child then crosses the road in front of the bus, to get home. We have video evidence of many trucks failing to stop for the stop sign at the end of Switch Road at Rama Road.
We get that quarries are necessary, but not this close to a community.
September 14th, 2018 3:48pm
Agenda Item
#4.1.
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Wetlands
Fowler now owns the property surrounding the wetlands, and discharges their sump water into it. Water quality aside, fluctuations in the water levels can have dramatic effects on spawning, nesting, and hibernating.
This risk is unacceptable if all wetlands on Fowler property are to be treated as Provincially Significant.
Agenda Item
#4.1.
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Property values
There is a pattern of decreased property values within the affected quarry radius (assessed higher in 2012 than in 2016) but not as evident in other neighbourhoods not close to a quarry, according to the township tax roll records. Interestingly the Fleming quarry was still dormant in 2012.
The Township is hurting its own pocketbook by continuing to allow the quarry to be a “site influence” regarding property values in terms of property tax revenue.
This will discourage further development or people wanting to buy here, let alone negatively affect residents wanting to sell their properties.
Agenda Item
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Silica dust - not your average dust
According to the World Health Organization (WHO) and the International Agency for Research of Cancer (IARC), silica dust falls under Group 1, the most lethal category of carcinogens known to cause cancer in humans. Asbestos is in this same category.
Silica dust is a by-product of crushed granite. It stands to reason that a granite quarry also involved in the processing (grinding, crushing, screening) along with the blasting, would emit large amounts of dust in the air that could contain silica.
While a dust analysis was suggested by the Simcoe County planner, Fowler’s planning consultants quickly responded that the Aggregate Resource Act (ARA) did not require them to complete such a study.
Our health should not be at risk because of a piece of legislation.
Agenda Item
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Dust is often stirred up by the trucks exiting the quarry. There does not appear to be any sign of the required dust mitigation.
This is only one of many videos we have depicting quarry trucks disobeying the stop sign, as well as other infractions near the Fleming Quarry.
Agenda Item
#4.1.
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Vote NO to the rezoning
We respectfully request that Council votes no to the rezoning that would allow this quarry to expand. There are a multitude of reasons to support our position, but the main one is that it is simply too close to our community.
Thank you for your consideration.
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ID Name Address Date Traffic Dust Noise Flying Rock Property Value Structural Damage Drawdown Well Wetland Pedestrian Danger Other Comment
1 Andy Zupan 7110 Beach 6/19/2019
2 Oscar Lukach 7304 Glen Ellen 6/20/2019
3 Tim and Doreen Lett 7342 Glen Ellen 6/19/2019
4 Lynn Zupan 7110 Beach 6/19/2019
5 Jeanne Hardman 7364 Glen Ellen 6/19/2019
6 Noah Woodman 7412 Rama Rd 6/25/2019
7 Laurence and Michelle Wood 3724 Portage Bay Rd 6/18/2019
8 Susan an Curt Tansley 7348 Glen Ellen 6/18/2019
9 Ellen Sheepway 727 Glen Ellen 6/24/2019
10 John Sheepway 7272 Glen Ellen 6/24/2019
11 Eric and Luanne Husman 7394 Rama Rd 6/25/2019
12 Linda and Peter Weiland 3460 Bedford Lane 6/25/2019
13 William and Yvonne Bromley 7292 Gle Ellen 6/25/2019
14 Paula Hardman 7364 Glen Ellen 6/24/2019
15 Allen Hardman 7364 Glen Ellen 6/24/2019
16 Susan Creighton 7090 Beach 6/26/2019
17 Vivian Nicholson 7148 Beach 6/24/2019
18 Frederick Manuage 8227 Rama 6/27/2019
19 Mary Laszlo 7198 Beach 6/28/2019
20 Martin Laszlo 7198 Beach 6/28/2019
21 Jo Ellen Marshall 7069 Beach 6/28/2019
22 Lynette Davis 7162 Beach 6/28/2019
23 Linda May 7264 Glen Ellen 6/28/2019
24 Robert Clarke 7046 Beach 6/28/2019
25 Margaret and Robert Peters 7163 Beach 7/2/2019
26 Geof Smith 7360 Glen Ellen 7/2/2019
27 Irene Smith 7360 Glen Ellen 7/2/2019
28 Cynthia and Manual Palo 7500 Baldwin 7/3/2019
29 Matthew Hardman 7364 Glen Ellen 7/3/2019
30 Maurice McMillan 6956 McMillan Sideroad 7/3/2019
31 Tricia Migus 7280 Glen Ellen 7/3/2019
32 May Beth Dowling 7338 Glen Ellen 7/3/2019
33 Virginia Marshall 3129 Switch 7/3/2019
34 Karen Switzer 7333 Davy 7/3/2019
35 Bruce Creighton 7090 Beach 7/3/2019
36 James Hardman 7364 Glen Ellen 7/3/2019
37 Doreen Lett 7342 and 7344 Glen Ellen 7/3/2019
38 Cliff England 7/3/2019
39 Jan Pringle 2423 Housey Rapids RD 7/3/2019
40 Paul Shilling and Evelyn Lotfy 2801 Switch 7/3/2019
41 Terry Rockall 7293 7/3/2019
42 Cameron Houston 7318 Glen Ellen 7/3/2019
43 Mark Houston 7318 Glen Ellen 7/4/2019
44 Kelly Mitchell 7/4/2019
45 Kelly Houston 7318 Glen Ellen 7/4/2019
46 Jackie Trimble 7004 Oakland Beach 7/4/2019
47 Patti Sanderson 7332 Glen Ellen 7/4/2019
48 Joan Mizzi-Fry 7324 Glen Ellen 7/4/2019
49 Tom Place Sr 3557 Dock 7/4/2019
50 Scotty Ritchie 3560 Dock 7/4/2019
51 Greg Armstrong 7131 Beach 7/4/2019
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ID Name Address Date Traffic Dust Noise Flying Rock Property Value Structural Damage Drawdown Well Wetland Pedestrian Danger Other Comment
52 Chris Armstrong Armstrong 7131 Beach 7/4/2019
53 Kayla Higginbottom 7131 Beach 7/4/2019
54 Sean Taylor 7154 Beach 7/4/2019
55 Carol Norman 7357 Glen Ellen 7/4/2019
56 Ryan Hardman 7364 Glen Ellen 7/4/2019
57 Catherine Hardman 7364 Glen Ellen 7/4/2019
58 Melinda Williams 7158 Beach 7/4/2019
59 Bill Williams 7158 Beach 7/4/2019
60 Steve Taylor 7154 Beach 7/4/2019
61 Leanne Rice 7160 Beach 7/4/2019
62 Catherine Banks 7144 Beach 7/4/2019
63 Lynda Allock 7144 Beach 7/4/2019
64 Mike Bentha 7158 Beach 7/4/2019
65 Susanne Armstrong 7131 Beach 7/4/2019
66 Cheryl Taylor 7154 Beach 7/4/2019
67 Thomas Place Jr 3557 Dock 7/4/2019
68 Laurie Place 3557 Dock 7/4/2019
69 Elizabeth Kivitis 7358 Glen Ellen 7/4/2019
70 Jessica Williams 7158 Beach 7/4/2019
71 Sara Bentham 7158 Beach 7/4/2019
72 Cathy Cacheiro 7112 Beach 7/4/2019
73 Celso Cacheiro 7112 Beach 7/4/2019
74 Liz Deir 7112 Beach 7/4/2019
75 Andy Deir 7112 Beach 7/4/2019
76 Marilyn Armstrong 7112 Beach 7/4/2019
77 William Armstrong 7112 Beach 7/4/2019
78 Brian Young 7149 Beach 7/4/2019 disturbing dump
79 Heather Ritchie 3560 Dock 7/4/2019
80 Nancy Rzeszutko 7138 Beach 7/4/2019
81 Walter Rzeszutko 7138 Beach 7/4/2019
82 Rebekah Norman 7357 Glen Ellen 7/4/2019
83 Mike Norman 7357 Glen Ellen 7/4/2019
84 Michael Norman 7357 Glen Ellen 7/4/2019
85 Tomislav Dedovic 7158 Beach 7/4/2019
86 Samuel Norman 7357 Glen Ellen 7/4/2019
87 Shirley Ann Benson 7086 Beach 7/4/2019
88 James Brydon Benson 7086 Beach 7/4/2019
89 Maddalena Galante 7384 Glen Ellen 7/4/2016
90 Rob Deir 7112 Beach 7/4/2019
91 Melissa Kivitis 7358 Glen Ellen 7/4/2019
92 Linda Atkinson 7868 Rama 7/4/2019
93 Robert and Jane Valiquette 3657 Portage Bay Rd 7/4/2019
94 Bryan Clark 7192 Beach 7/4/2019
95 Julie Fujimoto 7192 Beach 7/4/2019
96 Laurel McCallum 7104 Beach 7/4/2019
97 John M. King 7100 Beach 7/4/2019
98 Robert King 7100 Beach 7/4/2019
99 Thomas Turcottie 7104 Beach 7/4/2019
100 Dana Tuju 7368 Glen Ellen 7/5/2019
101 Carole Tuju 7368 Glen Ellen 7/5/2019
102 Ronald Fry 7324 Glen Ellen 7/5/2019
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ID Name Address Date Traffic Dust Noise Flying Rock Property Value Structural Damage Drawdown Well Wetland Pedestrian Danger Other Comment
103 Jean Harnden 7/5/2019
104 Edward Duarte 7386 Glen Ellen 7/8/2019
105 Judy Kazimer 7386 Glen Ellen 7/8/2019
106 Michael Douglas 3905 County Rd 47 7/8/2019
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