Niagara Escarpment Plan Revised Amendment Acton Quarry Extension May 31, 2012

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2 Niagara Escarpment Plan Revised Amendment Acton Quarry Extension May 31, 2012 The following amendment is proposed to update the Niagara Escarpment Plan Amendment application originally dated March 2, 2009 and filed with the Niagara Escarpment Commission on March 3, The updated amendment includes both a change in designation and site specific exceptions to policies of the Niagara Escarpment Plan. The Revised Amendment The Niagara Escarpment Plan is hereby amended as follows: PART 1 The lands designated as Escarpment Rural Area in Part of Lots 19 and 24, Concession 3 and Part of Lots 21 and 22, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. PART 2 The lands designated as Escarpment Rural Area in Part of Lot 24, Concession 3 and Part of Lots 20 and 21, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Natural Area. PART 3 That the following permitted use is added to Part 1.5, Escarpment Rural Area, Permitted Uses: The Escarpment Rural Area lands in Part of Lots 19 and 24, Concession 3, Part of Lots 21 and 22, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, forming the buffer and setback for the Mineral Resource Extraction Area associated with Amendment to this Plan may be included within the licence area approved under the Aggregate Resources Act, and may be used for berming, screening, temporary stockpiling of earthen material, accessory structures and facilities normally associated with a mineral extraction operation, and facilities and servicing for, and related to the water management and monitoring system for the quarry extension. Extraction shall be prohibited in this area. Furthermore, notwithstanding the policies of the NEP including Part the above noted development may be permitted in endangered species habitat in accordance with a permit issued under the Endangered Species Act. PART 4 That the following permitted use is added to Part 1.9, Mineral Resource Extraction Area, Permitted Uses: Notwithstanding the policies of the NEP including Part and mineral aggregate extraction may be permitted in endangered species habitat in accordance with a permit issued under the Endangered Species Act and other wetlands in Part of Lots 19 and 24, Concession 1

3 3 in the Town of Halton Hills, Regional Municipality of Halton associated with Amendment to this Plan. PART 5 That the following permitted use is added to Part 1.9, Mineral Resource Extraction Area, Permitted Uses: Notwithstanding the policies of the NEP including the permitted uses under section 1.9 Mineral Resource Extraction Area and the definition of accessory use in Appendix 2 of this Plan, for the existing quarry operating on Part of Lot 23, Concession 3, Part of Lots 21, 22, 23 and 24, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, the maintenance buildings, facilities for washing, processing and stockpiling of aggregate, and recycling facilities may be used for the purpose of supporting the extraction of aggregate from the area approved under Amendment to this Plan provided, and only while the two sites are actively operated by a single licensee, as an integrated operation." PART 6 That the following permitted use is added to Part 1.4, Escarpment Protection Area, Permitted Uses: Notwithstanding the policies of the NEP including the permitted uses under Section 1.4 Escarpment Protection Area and the definition of accessory use in Appendix 2 of this Plan, for the existing aggregate processing area operating on Part of Lots 23 and 24, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, the office, maintenance buildings, facilities for washing, processing and stockpiling of aggregate, truck washing facility, recycling facilities and the entrance may be used for the purpose of supporting the extraction of aggregate from the area approved under Amendment to this Plan. PART 7 That the following be added to Part 1.9, Mineral Resource Extraction Area, Permitted Uses: The Mineral Resource Extraction Area on Part of Lots 19, 23, and 24, Concession 3 and Part of Lots 21, 22, 23 and 24 Concession 4, in the Town of Halton Hills, Regional Municipality of Halton as Shown on Schedule A be added to the Niagara Escarpment Parks and Open Space System, Appendix 1 once the Aggregate Resources Act License is surrendered in whole or in part and if the lands are conveyed to a Public Authority. 2

4 Niagara Escarpment Plan - Existing Designations Legend Dufferin's Land Holdings (Dufferin does not own road allowances within boundary) Mineral Resource Extraction Area Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area SOURCE: Niagara Escarpment Plan, Map 3, 2005 Acton Quarry Extension Lands N:\9061V\Drawings\Amendment Figures\NEP - Proposed Amendment - 31 May dwg

5 Schedule 'A': Niagara Escarpment Plan Amendment - Proposed Designations - Updated May 2012 Legend Dufferin's Land Holdings Amendments are only proposed within this boundary (Dufferin does not own road allowances within boundary) Mineral Resource Extraction Area Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area SOURCE: Niagara Escarpment Plan, Map 3, 2005 Acton Quarry Extension Lands N:\9061V\Drawings\Amendment Figures\NEP - Proposed Amendment - 31 May dwg

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7 Niagara Escarpment Development Permit Revised Application Acton Quarry Extension May 31, 2012 The following is proposed to update the Niagara Escarpment Development Permit application originally dated March 2, 2009 and filed with the Niagara Escarpment Commission on March 3, The updated application expands the area of the Development Permit and updates the description of activities to be covered by the permit. The Revised Application Property Location The lands included in the Development Permit include Part of Lots 19, 23, and 24, Concession 3 and Part of Lots 20, 21, 22, 23, 24 and 25, Concession 4. See attached Schedule A. Description of the Proposed Development 1) A mineral aggregate operation including required rehabilitation, mitigation, monitoring, and accessory structures and facilities normally associated with a mineral extraction operation in Part of Lots 19 and 24, Concession 3, Part of Lots 22 and 23, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton in accordance with the Aggregate Resources Act Site Plans, dated March 31, ) The installation and servicing of infrastructure, structures and facilities related to the water management and monitoring system for the quarry extension in accordance with Performance-Based Adaptive Management Plan for the Acton Quarry Extension, dated March 31, ) The continued use of the office, maintenance buildings, facilities for washing, processing and stockpiling of aggregate, truck washing facility, aggregate recycling facilities (concrete and asphalt) and entrance operating on Part of Lot 23, Concession 3, Part of Lots 21, 22, 23 and 24, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, for the purpose of supporting the extraction of aggregate from the area approved under Amendment to the Niagara Escarpment Plan. 4) The taking and discharge of water, including the installation and servicing of infrastructure, structures and facilities for an integrated water management system with the existing quarry and proposed quarry extension in accordance with the Permit to Take Water and Certificate of Approval issued under the Ontario Water Resources Act. 5) The installation and servicing of infrastructure, structures and facilities of the aggregate processing plant in accordance with the Environmental Compliance Approval issued under the Environmental Protection Act. 6) The implementation of mitigation measures in accordance with a Permit issued under the Endangered Species Act. 1

8 7) The implementation of the Off-site Ecological Enhancement Plan, dated March 31, As part of the development there will also be revisions the existing Aggregate Resources Act Site Plans for the portion of operation within Development Control. This includes the removal of the existing 15 m setback along a portion of the southern boundary of Phase 2 and a change in the rehabilitation plan to integrate the existing quarry with the extension. These revisions are exempt from the need for a development permit in accordance with Section 5.19 of Ontario Regulation 828 / 90 of the Niagara Escarpment Planning and Development Act. 2

9 Schedule 'A': Niagara Escarpment Development Permit Updated May 2012 Legend Area subject to proposed Niagara Escarpment Development Permit SOURCE: Niagara Escarpment Plan, Map 3, 2005 Acton Quarry Extension Lands N:\9061V\Drawings\Report Figures\Amendment Figures\NEP - Development Permit - 31 May 2012.dwg

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11 Region of Halton Official Plan Revised Amendment Acton Quarry Extension March 30, 2012 The following amendment is proposed to update the Region of Halton Official Plan Amendment application originally dated March 2, 2009 and filed with the Region of Halton on March 3, The updated amendment includes both a change in designation and site specific exceptions to policies of the Region of Halton Official Plan. The Revised Amendment The Region of Halton Official Plan, 2006 is hereby amended as follows: Item I Map I - The Regional Structure - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lots 19 and 24, Concession 3, Part of Lots 21 and 22, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 2 Map I - The Regional Structure - is hereby amended by: The lands designated as Agricultural Rural Area in Part of Lots 20, 21 and 22, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 3 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands A in Part of Lots 21, 22 and 24, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 4 Map I - The Regional Structure - is hereby amended by: 1

12 The lands designated as Greenlands B in Part of Lots 21, 22 and 24, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 5 Map I - The Regional Structure - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lot 19, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Natural Area. Item 6 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands B in Part of Lots 20 and 21, Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Natural Area. Item 7 Map I - The Regional Structure - is hereby amended by: The lands designated as Agricultural Rural Area in Part of Lots 20 and 21, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands B. Item 8 Map I - The Regional Structure - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lot 19, Concession 3 and Part of Lots 20 and 21, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands B. Item 9 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands A in Part 24 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are redesignated to Escarpment Rural Area. 2

13 Item 10 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands B in Part of Lot 24 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Rural Area. Item 11 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands A in Part of Lots 21 and 22 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Agricultural Rural Area. Item 12 Map I - The Regional Structure - is hereby amended by: The lands designated as Greenlands B in Part of Lots 21 and 22 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Agricultural Rural Area. Item 13 Map I - The Regional Structure - is hereby amended by: The lands designated as Escarpment Protection Area in Part of Lot 24 Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 14 Map I - The Regional Structure - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lot 24 Concession 3 and Part of Lots 20 and 21, Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 15 Map I - The Regional Structure - is hereby amended by: 3

14 The lands designated as Escarpment Natural Area in Part of Lot 19, Concession 3 and Part of Lots 20, 21, and 22 Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 16 Map I - The Regional Structure - is hereby amended by: The lands designated as Agricultural Rural Area in Part of Lot 20, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 17 That the following permitted use is added to Section 100, Permitted Uses: The Escarpment Rural Area and Agricultural Rural Area lands in Part of Lots 19, 20, 21, 22 and 24, Concession 3, Part of Lots 22 and 23, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, forming the buffer and setback for the Mineral Resource Extraction Area associated with Amendment to this Plan may be included within the licence area approved under the Aggregate Resources Act, and may be used for berming, screening, temporary stockpiling of earthen material, accessory structures and facilities normally associated with a mineral extraction operation, and facilities and servicing for, and related to the water management and monitoring system for the quarry extension. Extraction shall be prohibited in this area. 4

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18 Town of Halton Hills Official Plan Revised Amendment Acton Quarry Extension March 30, 2012 The following amendment is proposed to update the Town of Halton Hills Official Plan Amendment application originally dated March 2, 2009 and filed with the Town of Halton Hills on March 3, The updated amendment includes both a change in designation and site specific exceptions to policies of the Town of Halton Hills Official Plan. The Revised Amendment The Town of Halton Hills Official Plan, 2008 is hereby amended as follows: Item I Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lots 19 and 24, Concession 3, Part of Lots 21 and 22, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 2 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Protected Countryside Area in Part of Lots 20, 21 and 22, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 3 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Greenlands A in Part of Lot 24, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 4 Schedule A2 Greenbelt Plan - is hereby amended by: 1

19 The lands designated as Greenlands B in Part of Lot 24, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 5 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Greenbelt Greenlands in Part of Lots 21and 22, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Mineral Resource Extraction Area. Item 6 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lot 19, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Natural Area. Item 7 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Greenlands B in Part of Lots 20 and 21, Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Natural Area. Item 8 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated Protected Countryside Area in Part of Lots 20 and 21, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenbelt Greenlands. Item 9 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated Escarpment Rural Area in Part of Lot 19, Concession 3 and Part of Lots 21 and 22, Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands B. 2

20 Item 10 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Greenlands A and B in Part of Lot 24 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Escarpment Rural Area. Item 11 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Greenbelt Greenlands in Part of Lots 21 and 22 Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Protected Countryside. Item 12 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Escarpment Protection Area in Part of Lot 24 Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 13 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Escarpment Rural Area in Part of Lot 24 Concession 3 and Part of Lots 20 and 21, Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 14 Schedule A2 Greenbelt Plan - is hereby amended by: The lands designated as Escarpment Natural Area in Part of Lot 19, Concession 3 and Part of Lots 20, 21, and 22 Concession 4 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenlands A. Item 15 Schedule A2 Greenbelt Plan - is hereby amended by: 3

21 The lands designated as Protected Countryside in Part of Lot 20, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-designated to Greenbelt Greenlands. Item 16 That the following permitted use is added to Section B , Permitted Uses: The Escarpment Rural Area lands in Part of Lots 19 and 24, Concession 3, Part of Lots 21 and 22, Concession 4, in the Town of Halton Hills, Regional Municipality of Halton, forming the buffer and setback for the Mineral Resource Extraction Area associated with Amendment to this Plan may be included within the licence area approved under the Aggregate Resources Act, and may be used for berming, screening, temporary stockpiling of earthen material, accessory structures and facilities normally associated with a mineral extraction operation, and facilities and servicing for, and related to the water management and monitoring system for the quarry extension. Extraction shall be prohibited in this area. Item 17 That the following permitted use is added to Section E2.3, Permitted Uses: The Protected Countryside lands in Part of Lots 20, 21 and 22 Concession 3, in the Town of Halton Hills, Regional Municipality of Halton, forming the buffer and setback for the Mineral Resource Extraction Area associated with Amendment to this Plan may be included within the licence area approved under the Aggregate Resources Act, and may be used for berming, screening, temporary stockpiling of earthen material, accessory structures and facilities normally associated with a mineral extraction operation, and facilities and servicing for, and related to the water management and monitoring system for the quarry extension. Extraction shall be prohibited in this area. 4

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25 Town of Halton Hills Zoning By-law Amendment Acton Quarry Extension March 30, 2012 The following amendment is proposed to update the Town of Halton Hills Zoning By-law application originally dated March 2, 2009 and filed with the Town of Halton Hills on March 3, The updated Zoning By-law is prepared based on the Town of Halton Hills new Zoning By-law since it has been approved since the filing of the Zoning By-law application. The updated Zoning By-law amendment includes both a change in zoning and site specific provisions related to the both the existing quarry and proposed extension. The Revised Zoning By-law Amendment The Town of Halton Hills Zoning By-law is hereby amended as follows: Item I Schedule A2 is hereby amended as follows: The lands zoned Mineral Aggregate Resource One (MAR1) in Part of Lot 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton are re-zoned to Mineral Aggregate Resource One (MAR1) Exception ( ). Item 2 The lands proposed to zoned Mineral Aggregate Resource One (MAR1) Exception ( ) in Part of Lot 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton, in Zoning By-law is amended to add the following special provision: The lands zoned Mineral Aggregate Resource One (MAR1) Exception ( ) on Schedule A2 in Part of Lot 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton shall have a minimum required Rear Yard and Interior Side Yard of 0.0 m. Item 3 Schedule A2 is hereby amended as follows: The lands zoned as Protected Countryside Natural Heritage System Two (PC- NHS2 in Part of Lots 20, 21 and 22, Concession 3 in the Town of Halton Hills, 1

26 Regional Municipality of Halton, as shown on Schedule A are re-zoned Mineral Aggregate Resource One (MAR1) Exception ( ). Item 4 The lands proposed to zoned Mineral Aggregate Resource One (MAR1) Exception ( ) in Part of Lots 20, 21 and 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton, in Zoning By-law is amended to add the following special provision: The lands zoned Mineral Aggregate Resource One (MAR1) Exception ( ) on Schedule A2 in Part of Lots 20, 21 and 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton is exempt from the Zone Standards in Table 9.2. Item 5 Schedule A2 is hereby amended as follows: The lands zoned as Protected Countryside Natural Heritage System Two (PC- NHS2) in Part of Lots 20, 21 and 22, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-zoned Protected Countryside Natural Heritage System Two (PC- NHS2) Exception ( ). Item 6 The lands proposed to zoned Protected Countryside Natural Heritage System Two (PC- NHS2) Exception ( ) in Part of Lots 20, 21 and 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton, in Zoning By-law is amended to add the following special provision: The lands zoned Protected Countryside Natural Heritage System Two (PC- NHS2) Exception ( ) on Schedule A2 in Part of Lots 20, 21 and 22, Concession 3, Town of Halton Hills, Regional Municipality of Halton may be included within the license area approved under the Aggregate Resources Act, and may be used for berming, screening, temporary stockpiling of earthen material, accessory structures and facilities normally associated with a mineral extraction operation, and facilities and servicing for, and related to the water management and monitoring system for the quarry extension. Extraction shall be prohibited in this area. Furthermore, the Zone Standards in Table 10.2 do not apply. 2

27 Item 7 Schedule A2 is hereby amended as follows: The lands zoned as Protected Countryside Natural Heritage System Two (PC- NHS2) in Part of Lots 20, 21 and 22, Concession 3 in the Town of Halton Hills, Regional Municipality of Halton, as shown on Schedule A are re-zoned Protected Countryside Natural Heritage System One (PC- NHS1). 3

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31 Ministry of Natural Resources Species At Risk P.O. Box 7000, 300 Water Street Peterborough ON K9J 8M5 Natural Heritage, Lands and Protected Spaces Robinson Place, 5th Floor North 300 Water Street, PO Box 7000 Peterborough, ON K9J 8M5 Ministère des Richesses naturelles Espèces en péril C.P. 7000, 300, rue Water Peterborough ON K9J 8M5 Direction du patrimoine naturel, des terres et des espaces protégés C.P. 7000, 300, rue Water Peterborough, ON K9J 8M5 November 22, 2011 Andrea Bourrie Director, Planning and Regulatory Affairs Holcim Canada, Dufferin Aggregates 2300 Steeles Ave W, 4 th Floor Concord, ON L4K 5X6 Dear Ms. Bourrie: Thank you for your letter dated September 22, 2011 concerning the integration of the Endangered Species Act (ESA) into Ontario s planning system as related to the application for the Acton quarry expansion. Please accept our apologies for the time it has taken us to respond. You explained that there is a Joint Agency Review Team (JART) reviewing the various applications. You also explained that there is some uncertainty amongst JART members as to how the various planning and related approvals required for the quarry proposal can proceed. The clarifications you requested are as follows: The habitat regulated under the ESA is not the same as significant habitat defined for purposes of the Provincial Policy Statement, 2005 (PPS). The PPS defines significant in regard to the habitat of endangered species and threatened species to mean the habitat, as approved by the Ontario Ministry of Natural Resources, that is necessary for the maintenance, survival and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied or habitually occupied. Criteria for habitat delineation regulated under the ESA are found in Ontario Regulation 242/08. What constitutes significant habitat under the PPS, 2005 and whether or not an approval is issued for an activity to occur in habitat regulated under the ESA, are both determined on a case by case basis once the appropriate information is submitted to MNR. The PPS definition, which is contained in the previous point, sets out that significant habitat is the habitat approved by MNR. The ESA provides the authority for MNR to issue permits for activities that would otherwise contravene the Act, provided certain conditions are met. Where a permit or other approval under the ESA is issued for a specific location, then for the purposes of the 2005 PPS, the significant habitat of an endangered or threatened species will be delineated in a manner consistent with the activities authorized by the permit or other approval.

32 The ESA does not address the timing of a permit to be issued in relation to the timing of a Planning Act approval. It is recommended that the processes under the Planning Act, the ESA and any other required approvals be coordinated to the extent practical. MNR s participation in the JART should assist with such coordination. An orderly and coordinated process should include giving consideration to the merits of the application for the quarry expansion before MNR would be in a position to make a final decision on an application for a permit under the ESA. However, it is possible for MNR to issue a preliminary staff opinion about the potential for an ESA permit. Section 24.3 of the Niagara Escarpment Planning and Development Act requires that a Development Permit under that Act be issued before any other permit related to said development. Development Permits, however, have conditions applied, and the Commission has in the past, with respect to ESA permits, included a condition on the Development Permit that indicates that the proponent is required to obtain any necessary approvals under ESA before development may proceed. We trust that the above clarifications will be of assistance in the JART process. If you have any further questions please contact Tom Farrell, Supervisor, Planning & Information Management at the Aurora District Office (416) Sincerely, Original Signed Ray Pichette Director, Natural Heritage, Lands and Protected Spaces Branch Ontario Ministry of Natural Resources Original Signed Marc Rondeau Director, Species at Risk Branch Ontario Ministry of Natural Resources c: Carrie Hayward Debbie Pella Keen