Appeal No. 98-244

 

Date of Report and Recommendations - December 21, 1998

 

IN THE MATTER OF Sections 84, 85, 87, 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 Ms. Joanne Vang with respect to Approval 17867-00-00 issued to C. Chase Hoffman on August 6, 1998 by the Regional Director, Bow Region, Alberta Environmental Protection.

Cite as: Vang v. Regional Director, Bow Region, Alberta Environmental Protection
Re: C. Chase Hoffman.

 

TABLE OF CONTENTS

BACKGROUND 1
THE MEDIATION MEETING 2
RESOLUTION AGREEMENT 3
RECOMMENDATIONS 4
ORDER  5

 

MEDIATION MEETING BEFORE

Mr. Ron V. Peiluck

APPEARANCES

Appellant: Ms. Joanne Vang

Other Parties: Mr. David Day, counsel, Alberta Justice, representing Mr. B.J. Vickery, Alberta Environmental Protection

Mr. Mario Merlo; Mr. Kim Hampton

Mr. Hugh Vang; Mr. James F. Dunne; Mr. Bryent Laboret

 

BACKGROUND

[1] On August 6, 1998, the Regional Director, Bow Region, Alberta Environmental Protection, issued Approval 17867-00-00 to Mr. C. Chase Hoffman for the opening up, construction and reclamation of a sand and gravel pit on SW 17-20-2-W5M located near Turner Valley:

[2] On September 14, 1998, the Environmental Appeal Board (the Board) received a Notice of Appeal dated August 18, 1998 from Ms. Joanne Vang (the Appellant) advising that she objected to the Approval.

[3] The Board wrote to Ms. Vang on September 18, 1998, acknowledging receipt of her appeal, and by copy of this letter, requested the Department of Environmental Protection (the Department) provide copies of all related correspondence, documents and materials related to this matter. On that same date, the Board wrote to Mr. C. Chase Hoffman (Approval Holder) advising him that a Notice of Appeal had been filed by Ms. Joanne Vang and provided him with a copy of the appeal.

[4] According to standard practice, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards' legislation. Replies were subsequently received from both the NRCB and the AEUB stating that they did not hold any hearing or review under either of their Boards' legislation.

[5] On October 27, 1998 the Board received all correspondence, documents and related materials from the Department and on November 3, 1998 these documents were forwarded to Ms. Vang and Mr. Hoffman.

[6] In the Board's letter of November 5, 1998, addressed to Ms. Vang and copied to the parties, the Board asked her to explain how she was directly affected by the decision, explain in more detail the environmental concerns she has with the decision, whether she wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation(1), and if there were any other persons who might have an interest in the appeal. On this same date, the Board wrote to the Department and the Approval Holder asking for comments on participating in a mediation meeting and asking whether there were any other persons who may have an interest in the appeal.

[7] Responses were received from the Appellant and the Department. On November 30, 1998, the Board wrote to all parties informing them that a mediation meeting would be held on December 18, 1998. An Notice of Mediation and Public Hearing was placed in the Okotoks Western Wheel on December 9, 1998.

 

THE MEDIATION MEETING

[8] The Board conducted a mediation meeting in Turner Valley, Alberta on December 18, 1998, with Mr. Ron Peiluck as the presiding Board member.

[9] According to the Board's standard practice, the Board called the mediation meeting in an attempt to mediate or facilitate the resolution of this appeal, or failing that, to structure procedural arrangements for the oral hearing. The Board invited representatives from each party to participate in the mediation meetings.

[10] In conducting the mediation meeting, Mr. Peiluck reviewed the appeal and mediation process and explained the purpose of the mediation meeting. He then circulated copies of the "Participants' Agreement to Mediate". All parties signed the Agreement.

[11] Following productive and detailed discussions, a resolution evolved at the meeting held on December 18, 1998 and the attached settlement was signed (see page 3 of this report).

 

RECOMMENDATIONS

[13] The Board recommends that the Minister of Environmental Protection approve the conditions of the Resolution contained herein.

[14] 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 and of any decision by the Minister be sent to the following parties:

 

Dated December 21, 1998, at Edmonton, Alberta.

Mr. Ron V. Peiluck

ORDER

I, Ty Lund, Minister of Environmental Protection:

Agree with the Recommendations of the Environmental Appeal Board and order that they be implemented.

Dated at Edmonton this 07 day of January 1999.

Honourable Ty Lund

Minister of Environmental Protection


Footnotes

1. AR 114/93 (hereinafter "the regulations").

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