Appeal No. 97-053

Date of Discontinuance - March 31, 1998

IN THE MATTER OF Sections 84 and 87 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. Art Dueck of Dueck Equipment Ltd. with respect to Approval No. 47294-00-00 issued by the Director of Southern East Slopes and Prairie Regions, Alberta Environmental Protection to Yuan Yi (Canada) Co. Ltd.

Cite as: Dueck v. Director of Southern East Slopes and Prairie Regions, Alberta Environmental Protection.

 

TABLE OF CONTENTS

BACKGROUND 1

DECISION 3


BACKGROUND

[1] On December 9, 1997, Mr. Art Dueck of Dueck Equipment Ltd. (Appellant) filed a Notice of Appeal with the Environmental Appeal Board with respect to Approval No. 47294-00-00 issued by the Director of Southern East Slopes and Prairie Regions to Yuan Yi (Canada) Co. Ltd. for the construction, operation and reclamation of a red meat processing plant in the City of Lethbridge.

[2] The Appellant listed his grounds for appeal in an attachment letter dated October 3, 1997, sent to the Department of Environmental Protection stating the following:

"- Our concern is a decrease in property value in the immediate area of the supposed plant

- The odour and traffic could also be a problem as we are directly East of the plant

- Is the plant going to attract flies, which could be a possibility when trucks are hauling away carcasses and skins, etc.

- with the above concern this plant appears to be a negative impact to our community."

[3] The Appellant requested the following relief as stated in his Notice of Appeal:

"Conduct an Environment Impact Assessment with public consultation and public hearings, as well as a public review of the project and its cumulative effects, ideally by the Natural Resource Conservation Board."

[4] By copy of a letter dated December 9, 1997, the Board requested the Department of Environmental Protection (Department) provide all related correspondence, documents and materials.

[5] A copy of correspondence received from the Department on January 15, 1998, was forwarded to the Appellant on January 16, 1998.

[6] The Board held a preliminary meeting on February 13, 1998, in Lethbridge, in which Mr. Dueck attended, participated in, and was provided the opportunity to provide written submissions to the Board following that meeting.

[7] On March 20, 1998, the Board received a press release from the Department issued by Yuan Yi (Canada) Co. Ltd. informing that Yuan Yi, has determined that the project cannot proceed.

[8] On March 23, 1998, the Board wrote to the Department requesting they inform the Board of their intentions with respect to the Approval in light of the announcement made by Yuan Yi (Canada) Co. Ltd.

[9] Correspondence was received from the Department on March 26, 1998, informing of the following:

"- the Director has not received an application (in accordance with s.67 of EPEA) from the approval holder requesting the cancellation of approval #47294-00-00;

- counsel for the approval holder should advise the Board and all parties of the approval holders' intentions with respect to approval #47294-00-00."

[10] On March 25, 1998, the Board received a letter from Mr. Dueck dated March 25, 1998, stating:

"Please take note that I, Art Dueck, of Lethbridge, AB officially withdrew my name from the list of appellants concerning the application of approval No. 47294-00-00 on February 13/1998. This withdrawal was requested to be in writing and was done so in conjunction with a letter sent to you by Mr. Irvin Duncan requesting the same. To date my name is still appearing on the list of appellants, PLEASE remove my name immediately and please fax a letter stating the same. Thank you"


[11] On March 27, 1998, the Board then received a letter from Mr. Dueck dated March 25, 1998,

stating:

"Please take note that I, Art Dueck, of Lethbridge, AB officially withdrew my appeal concerning the application of approval No. 47294-00-00 on February 13/1998. To date my name is still on the list of appellants, please insure [sic] that I am removed from this list. Thank you."

DECISION

[12] Pursuant to section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Dueck's letters dated March 25, 1998, the Board hereby discontinues its proceedings and will be closing its file with respect to Mr. Dueck's appeal file.

Dated on March 31, 1998, at Edmonton, Alberta.


William A. Tilleman, Chair

 

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