ESBAUGH SAND & GRAVEL LTD. - Permit to take water

Comments relevant to the water taking proposal were considered as part of the review of the application. The main concerns raised were regarding the following:

• the volume and duration of water taking requested and its relation to water supply capacity constraints in the Region of Waterloo
• potential impacts of the water taking on nearby private wells, other water users and natural features
• potential effects on groundwater quality from operation of the wash plant
• classification of the application as Category 3 and concerns regarding an implied greater level of risk
• requests for monitoring, reporting and contingency measures, and for public access to monitoring information

The Ministry considered the above comments, including all applicable source water protection policies, during its review of the technical information associated with this water taking.

Through the review process, it was determined that the volume applied for exceeded the requirements of the operation. The daily maximum volume was reduced from 9,720,000 to 5,472,000 litres per day, and the quantity of aggregate on which the supporting water balance is based was lowered from 400,000 to 250,000 tonnes per year.

The Ministry understands that the water supply capacity constraint in the Region of Waterloo stems from limitations in existing municipal water supply infrastructure rather than from any unsustainable pumping of groundwater or absolute shortage of natural water resources. All Permit to Take Water applications undergo a thorough and science-based technical review, and permits are only issued when Ministry technical staff are satisfied that proposed takings are sustainable; will not result in unacceptable impacts to groundwater, surface water or natural features; and will not interfere with other existing water users. Water taking under the issued Permit is not expected to affect any municipal supply wells in the area.

Water taken for aggregate washing at the site is recirculated through settling ponds and returned to the source pond, with only a minimal portion of water being lost to evaporation and entrainment in the aggregate product exported. The Permit also requires a minimum area of cleared land to be maintained at the site in order to maintain infiltration so as to offset any consumptive losses from aggregate washing. The effects of water taking on water levels are not expected to extend beyond the site boundaries; all nearby private wells, municipal supply wells and the Schindelsteddle Wetland Complex lie outside those boundaries. Ministry technical staff have determined that the risk of interference with other water users or natural features is low. A report by a nearby resident of reduced well supply was determined not to be attributable to this taking, as the aggregate washing activities had not commenced at the site. The wash process involves physical washing of the same sand and gravel that make up the aquifer, and no chemical additives are used, so the washing activity does not introduce any contaminants.

Regarding the Category 3 classification, Category 3 applications cover a broad range of risk levels. The Category 3 designation in itself should not be interpreted to indicate that a particular proposal poses an unacceptable risk to the environment, rather it simply indicates that the proposed activity did not meet eligibility requirements for Category 1 or 2 proposals and, as such, requires a supporting technical study to be submitted and reviewed by Ministry staff.

In determining the length of Permit term and the associated conditions, the Ministry assesses a variety of risk factors pertaining to the surrounding environment and other users of a water resource. This assessment includes consideration of the nature of the taking, the hydrogeological setting, and the potential for impacts. The Ministry’s adaptive management approach, and the associated Director authority under the Ontario Water Resources Act, ensure that permits can be reviewed and amended as required at any time, including prior to the Permit’s expiry date. The Permit has been issued for a term of five years, rather than the ten years requested, to allow for a full re-assessment of the water taking following several years of operation.

Monitoring and reporting conditions have been included in the Permit to confirm these conclusions and to make the results publicly available on a website. The conditions of the Permit require that water levels are monitored across the site and within the wetland for the duration of water taking; that baseline water quality is established before any taking begins; and that appropriate and protective trigger levels are in place, with contingency measures that include ceasing water taking. The Permit Holder must also implement a robust complaint response protocol and inform the Ministry of any complaints received.

The Ministry has determined that the potential impacts of this water taking are low, and that the conditions of the Permit are sufficient to ensure that any potential impacts can be detected and addressed through adaptive management, if necessary.