1996 ABEAB 10 Appeal No. 95-003
|
ALBERTA ENVIRONMENTAL APPEAL BOARD
Report and Recommendations
|
Date of Report and Recommendations - May 17, 1996
Date of Pre-Hearing Meeting - May 9, 1996
IN THE MATTER OF Sections 84, 86, 87, 91, 92 and 93 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
-and-
IN THE MATTER OF an appeal filed by Mr. Roy S. Hanson, with respect to Reclamation Certificate No. 31851 issued by the Inspector of Land Reclamation Division, Alberta Environmental Protection to Inverness Petroleum and subsequently assumed on May 26, 1994 by Fletcher Challenge Petroleum Inc.,
Cite as: Hanson v. Inspector of Land Reclamation, Alberta Environmental Protection
PRE-HEARING MEETING BEFORE: Dr. John P. Ogilvie
APPEARANCES: Appellant: Mr. Roy S. Hanson
Also in attendance with the Appellant: Mr. Bill Hanson;
Mr. Fred Johnson, Fletcher Challenge Petroleum Inc., and Mr. Chris Helland, Land Resource Specialist, Mancroft Resource Consultants Ltd.;
Mr. Gilbert Van Nes, Environmental Law Section, Alberta Justice, representing the Inspector, Land Reclamation Division, Alberta Environmental Protection, and Mr. Andy Etmanski.
BACKGROUND
On January 13, 1995, Mr. Roy S. Hanson (the Appellant) filed a notice of appeal with the Environmental Appeal Board regarding Reclamation Certificate No. 31851 issued to Fletcher Challenge Petroleum Inc. The Certificate was issued on May 26, 1994, by Mr. Andy Etmanski, Land Reclamation Division, Alberta Environmental Protection, and indicated that the operator achieved the objective of satisfying the equivalent land capability standard.
The Board wrote a letter to the Inspector of Land Reclamation Division, Alberta Environmental Protection, on January 16, 1995, in order to determine whether the appeal had been validly filed.
The Board wrote to all parties on March 1, 1996, advising that it would be conducting a pre-hearing meeting on May 9, 1996. The Board also advised that if the meeting did not result in the resolution of the issues in Hanson’s appeal, the Board would be requiring written submissions[1] in preparation for a full hearing.
THE PRE-HEARING MEETING
The pre-hearing meeting was held on May 9, 1996, in Provost, Alberta. According to the Board’s standard practice, the Board called the pre-hearing in an attempt to mediate or to facilitate the resolution of this appeal or, failing that, to make arrangements for the oral hearing. The Board invited representatives from each party to participate in this pre-hearing meeting and the attendance at this meeting was as previously listed.
In conducting the pre-hearing, Dr. Ogilvie provided a review of the appeal and mediation process and explained the purpose of the pre-hearing meeting. He then circulated copies of “Participants’ Agreement to Mediate”. In reviewing the document, all parties presented a willingness to enter into mediation, signed the agreement and the pre-hearing continued.
The Appellant expressed his concerns which were the basis of his appeal. Mr. Hanson stated that the site in question was taken over by crested wheat grass, which was not approved to be in the original mixture of seeds. He indicated he wanted the piezometer maintained for the protection of ground water and he also discussed gas leaks.
Representatives from Fletcher’s expressed a willingness to work with the Appellant in order to address any concerns. They explained the history of the wellsite. Following the discussion of several terms and conditions of mediation, the parties agreed to the following resolution of this appeal (see page 4 of this report).
RESOLUTION OF APPEAL NO. 95-003 REGARDING RECLAMATION CERTIFICATE NO. 31851-NW-23-37-4W4M.
All parties to the appeal have agreed to the following terms and conditions:
1. That Fletcher Challenge Petroleum Inc. (FCPI) agrees, in consultation with the land owner, to "wipe" the lease area (approximately 2 acres) twice, with the option of a third "wipe" of round up if required with the aim of getting rid of the crested wheat grass.
2. That FCPI agree to reseed the lease area (approximately 2 acres) with a mixture of grass, including blue gamma, approved by the land owner.
3. That FCPI will monitor the composition of water in the dug out in conjunction with the ongoing EUB approved annual water monitoring program.
4. In accordance with s. 127 of the Environmental Protection and Enhancement Act Mr. Hanson, may complain to the Department, on the issue of equivalent land capability if he is not satisfied.
5. That FCPI and Mr. Roy Hanson have entered into another agreement addressing certain other matters between them (which is attached to this resolution).
6. That the two (2) existing piezometers will be removed by FCPI before August 1997 in consultation with the land owner.
7. THAT the Appellant, Mr. Roy S. Hanson agrees to withdraw his Notice of Objection.
RESOLUTION AGREED TO BY:
(Original Signed) Date: May 9, 1996
Mr. Roy S. Hanson
(Original Signed) Date: May 9, 1996
Mr. Andy Etmanski,
Department of Environmental Protection
(Original Signed) Date: May 9, 1996
Fletcher Challenge Petroleum Inc.
Represented by Mr. Fred Johnson, R.E.T.
Environmental Coordinator
RECOMMENDATIONS
The Board recommends that the Minister of Environmental Protection confirm the decision of the Inspector of Land Reclamation in Reclamation Certificate No. 31851, subject to all of the conditions, with the exception of condition #5, of the Resolution contained herein.
Further, with respect to section 92(2) and 93 of the Environmental Protection and Enhancement Act, the Board recommends that copies of this Report and Recommendations[2] and of any decision by the Minister be sent to the following parties:
• Mr. Roy S. Hanson;
• Mr. Fred Johnson, Fletcher Challenge Petroleum Inc.; and
• Mr. Gilbert Van Nes, Environmental Law Section, Alberta Justice, representing the Inspector, Land Reclamation Division, Alberta Environmental Protection.
Dated May 22, 1996, at Edmonton, Alberta.
(Original Signed)
Dr. John Ogilvie
ORDER
I, Ty Lund, Minister of Environmental Protection:
yes Agree with the Recommendations of the Environmental Appeal Board and order that they be implemented.
Do not agree with the Recommendations of the Environmental Appeal Board and make the alternative Order set out below or attached.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Dated at Edmonton this 06 day of June 1996.
(Original Signed)
Honourable Ty Lund
Minister of Environmental Protection
Refer to Attachments (only if applicable)