Appeal No. 99-008
Date of Discontinuance of Proceedings - May 17, 1999
IN THE MATTER OF Sections 84, 85, and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
IN THE MATTER OF an appeal filed by Mr. D.C. Lund with respect to Reclamation Certificate SR 99-0001 issued on November 23, 1999, by Mr. Lowell Calder, Conservation & Reclamation Inspector, Agriculture, Food and Rural Development, to Rozsa Petroleum Ltd.
Cite as: Lund v. Director, Public Lands, Agriculture, Food and Rural Development re: Rozsa Petroleum Ltd.
 On November 23, 1998, the Director, Public Lands, Agriculture, Food and Rural Development (Department), issued Reclamation Certificate SR 99-0001 to Rozsa Petroleum Ltd. approving that the surface of the land held by Rozsa Petroleum Ltd. within NW 15-12-16-W 4th Meridian in connection with or incidental to wellsite and access road held under MSL 911253, complied with the conservation and reclamation requirements of Part 5 of the Environmental Protection and Enhancement Act.(1)
 On March 18, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated February 23, 1999 from Mr. D.C. Lund, (Appellant) advising that he had, by telephone, expressed concern to an Inspector in Medicine Hat that while some of the ground had very good grass cover as a result of the reclamation efforts, there were large spaces between the rows of seeded grass and that Mr. Lund felt that this was a factor contributing to wind and water erosion.
 On March 18, 1999 the Board acknowledged receipt of the Notice of Appeal from Mr. D.C. Lund with respect to Reclamation Certificate SR 99-0001 and, at that time requested a copy of all correspondence, documents, and materials relative to the file from the Department.
 On March 19, 1999 the Board received a letter from Mr. R.T. Marvin, Director, Public Lands, Agriculture, Food and Rural Development, stating that Reclamation Certificate SR 99-0001 contained an error in the date the reclamation certificate was issued. The issuance date should have read "Issued this 23rd day of November, 1998."
 On April 12 and 27, 1999, and May 11, 1999 the Board again requested copies of all related correspondence, documents, and materials from the Department.
 On May 13, 1999, Ms. Maureen Harquail of Alberta Justice, responded as follows:
"Please be advised that Reclamation Certificate No. 99-0001 has been cancelled. Attached is a letter to Rozsa Petroleum Ltd. from the Director confirming same. At this time, we request that the Appellant withdraw his appeal as the Reclamation Certificate has been cancelled."
 In response to Ms. Harquail's letter, Mr. Lund stated on May 14, 1999:
"Since the Rec. Certificate is cancelled, please withdraw my appeal."
 Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Lund's response of May 14, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-008 and will be closing its file.
Dated May 17, 1999 at Edmonton, Alberta
Dr. William A. Tilleman
1. S.A. 1992, ch. E-13.3 as amended.