Appeal No. 99-134

Date of Discontinuance of Proceedings - September 30, 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);

-and-

IN THE MATTER OF an appeal filed by Mr. Nick Marshall with respect to Reclamation Certificate 35227 issued to Poco Petroleums Ltd. on July 10, 1997, by the Reclamation Inspector, Land Reclamation Services, Bow Region, Alberta Environment.

Cite as: Marshall v. Reclamation Inspector, Land Reclamation Services, Bow Region, Alberta Environment re: Poco Petroleums Ltd.

TABLE OF CONTENTS

BACKGROUND 1
DECISION 3

BACKGROUND

[1] On July 10, 1997, the Reclamation Inspector, Land Reclamation Services, Bow Region, Alberta Environment (Department), issued Reclamation Certificate 35227 to Poco Petroleums Ltd. certifying that the surface of the land held by Poco Petroleums Ltd. within NW Sec. 31 Tp. 30 Rge. 17 W4M in connection with or incidental to Maynard Opinac Abel 13-31-30-17 well, complied with the conservation and reclamation requirements of Part 5 of the Environmental Protection and Enhancement Act.(1)

[2] On June 18, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated June 16, 1999 from Mr. Nick Marshall, (Appellant) advising that the Reclamation Certificate was issued without first consulting with Alberta Environment or Mr. Marshall.

[3] On June 21, 1999 the Board acknowledged receipt of the Notice of Appeal from Mr. Marshall and, at that time requested a copy of all correspondence, documents, and materials relative to the appeal from the Department. On this same date, the Board also wrote to Poco Petroleums Ltd. advising of Mr. Marshall's appeal and providing them with a copy of the Notice of Appeal.

[4] According to standard practice, on June 21, 1999, 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 the NRCB on June 24, 1999 and the AEUB on June 25, 1999 stating that they did not hold any hearing or review under their respective legislation.

[5] On July 29, 1999, copies of the documents requested by the Board were provided by the Department and copies were forwarded to Mr. Marshall and Poco Petroleums Ltd. in letters dated August 3, 1999. In these same letters to the parties, the Board asked the parties if they wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation(2) and if there were any other persons who may have an interest in the appeal.

[6] On September 22, 1999, the Board received a letter dated September 17, 1999 from Mr. Nick Marshall stating:

"In reply to your information sent me Aug 3/99 on the information you sent me on the Environmental Appeal Board issue.[sic] We had a meeting & a consultation with all people concerned @ well site certificate #35227 on Sept. 9/99. And we all came to an agreement on the issue. Sorry for any inconvenience which it has caused you. But I wasn't satisfied with the way it was reclaimed & I was never notified of the final inspection until I investigated the situation. So thank you kindly".

[7] On September 27, 1999, the Board wrote to the parties stating:

"We acknowledge receipt of Mr. Marshall's letter dated September 17, 1999, received September 22, 1999. Further to a telephone conversation with Mr. Marshall of September 27, 1999, the Board will advise further as to the status of this appeal once written confirmation is received from Mr. Marshall as he indicated that he is withdrawing his appeal. We request that Mr. Marshall advise this office as soon as possible on this issue".

[8] On September 29, 1999 the Board received a further letter from Mr. Marshall stating:

"... Anyway, I Nick Marshall is [sic] withdrawing my appeal on this case File # - EAB 99-134, as we had a meeting at Lease. With all concerned parties & come to a settlement on the case".

 

DECISION

[9] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Marshall's letter of September 27, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-134 and will be closing its file.

Dated September 30, 1999 at Edmonton, Alberta

Dr. William A. Tilleman


FOOTNOTES

1. S.A. 1992, ch. E-13.3 as amended.

2. AR 114/93.

 

home back to decisions