On November 5, 2015, the Ministry of Natural Resources and Forestry (“MNRF”) advised TEC by email as follows:
“MNRF has occurrences of Species at Risk in the East Cell and adjacent to it. The extent to which the Endangered Species Act applies will now have to be determined. Hanson Brick will have to examine the species data; its proposed extraction operation; and the options that may be available to Hanson Brick under the Endangered Species Act and its accompanying Ontario Regulation 242/08. I would advise that permits and other forms of authorizations are mechanisms included in the Endangered Species Act and Ontario Regulation 242/08, subject to meeting the requirements outlined in the legislation or Regulation. MNRF is contacting Hanson Brick to ensure they are aware that the requirements of the Endangered Species Act must be looked at as to their applicability.”
In a letter dated April 27th, 2016 sent to Conservation Halton, it states:
“Two environmental assessments are also complete or underway for lands adjacent to the East Cell. The City of Burlington Class Environmental Assessment Study for the Reconstruction of King Road identifies the study area, adjacent to and west of the Aldershot quarry lands, as containing protected species (Jefferson salamander) . Through this EA process, Conservation Halton indicated its desire to see “minimal impacts” to the surrounding natural environment. The City of Burlington Upper Hager Creek Environmental Assessment study area, adjacent to and north of the Aldershot quarry lands, also identifies several special natural heritage features (Halton Region ESA Waterdown Woods and Sassafras-Waterdown Woods ANSI), and potential habitat of several nationally and provincially rare vegetation, wildlife, and endangered species . It is inconceivable that some or all of these species would not also be present on the potential extraction site.”
TEC has no knowledge of an environmental impact study having been conducted at any time for the East Cell in the past decade or more.