This appeal is with respect to the May 31, 2005 decision of Alberta Environment to issue EPEA Environmental Protection Order No. EPO-2005/11-SR to Walter Construction Corporation for the reclamation of a sand and gravel pit within SE 1/4 10-7-29-W4M near Pincher Creek. The Hearing scheduled for November 30, 2005 in Lethbridge was adjourned as the parties were in discussions to resolve the appeal. Walter Construction and Alberta Environment subsequently reached an agreement and work was to be completed in 2006. Alberta Environment advised that a detailed site assessment is to be completed in March 2008 and remedial work is to take place during the 2008 construction season. Regular status reports were required from the parties. A meeting was held February 2, 2009 in Lethbridge, with Board Counsel facilitating the meeting. Monthly status reports will be provided by Alberta Environment; they will retain a thid party consultant to prepare a 3 level plan to carry out the reclamation work; they will provide a copy of the plan to the landowner and to the Board; and the Board will convene a follow-up meeting. The next monthly status report is due December 7, 2009

Eight Notices of Appeal were received with respect to the August 25, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 00209177-00-00 to the Town of High River authorizing the construction of the Golf Course Dyke, and Baker Creek Dyke on the floodplain and/or floodway of the Highwood River. Nine Notices of Appeal were received in relation to the Amending Approval issued to the Town of High River on October 12, 2005. Mediation Meetings were held on November 25, 2005, June 20, 2006, and January 31, 2007, in High River, and the mediation is now closed. The Town of High River will be making application to Alberta Environment for an approval for additional flood control works (tight wrap dyke). The appeals will be held in abeyance until the new approval is processed. The Appellants are free to ask the Board to proceed with their appeals at any time and the Board will then decide how to proceed. Participants were given an opportunity to comment on the Town's application before submitting it to Alberta Environment. The Town of High River placed an advertisement in the local paper on May 27, 2009 for the Beachwood tight wrap dyke and Alberta Environment placed the notice on their website, advising that Statements of Concern for the application for the approval of the Beachwood tight wrap dyke are to be submitted to Alberta Environment by June 3, 2009. The notices were for the Beachwood tight wrap dyke only and not the Vista Mirage project. On September 11, 2009, Alberta Environment issued Water Act Approval 00254108-00-00 to the Town of High River for the construction of flood control measures in the flood hazard area of Highwood River/Baker Creek. The Board's September 15, 2009 letter advises that anyone who filed a Statement of Concern and wishes to appeal the project (or wishes to participate in an appeal of the project should one be held), must file a Notice of Appeal with the Board within 7 days of receiving notice of Alberta Environment's decision to issue the Approval. The Board has strict timelines for filing appeals and does not routinely extend these deadlines. On October 6, 2009, the Board advised that it did not receive any appeals of the new Approval and requested the seven Appellants advise by October 22, 2009 if they will be proceeding with their appeals or abandoning their appeals.

A Notice of Appeal was received on February 8, 2008 from Mr. Patrick J. McCarthy with respect to the February 1, 2008 decision of Alberta Environment to refuse to issue an Approval under the Water Act to Mr. McCarthy for infilling a water body located at SW-5-47-20-W4M, near Camrose. On March 13, 2008, in consultation with the participants, the Board held a Mediation Meeting on June 2, 2008. The Mediation Meeting was between identified participants only. Following the Mediation Meeting, the Board requested the Appellant provide regular status reports. The next status report is due January 5, 2010. If the next status report does not indicate significant work has been undertaken to resolve the matter, the Board will set a hearing date.

On February 1, 2008, Alberta Environment wrote to Westridge Utilities Inc. advising that its application filed in 2004 for a water licence was incomplete, and because the Crown Reservation had taken effect, even if the application was completed, it could not be processed and no priority number could be issued. The application for the licence was for a diversion of water at NE 6-24-2-W5M. The Board held a Preliminary Motions Hearing on August 26, 2008 to hear submissions on whether the Board had jurisdiction to hear the appeal and the request for document production by Westridge. On October 22, 2008, the Board issued its Decision. The Board found that no decision had been made by the Director, Alberta Environment regarding the application for the water licence because the application was deemed incomplete by the technical staff of Alberta Environment. As a designated Director under the Water Act did not make a decision on the application, there was no decision that could be appealed to the Board. All of the correspondence from Alberta Environment to Westridge from the time the application was received until February 2008 reaffirmed that the application was incomplete. Westridge did not provide the additional information requested by Alberta Environment's technical staff to complete the application. The Board dismissed the appeal because it did not have jurisdiction. Because the appeal was dismissed on jurisdictional grounds, the Board did not consider the document production motion.

On December 12, 2008, Westridge filed 2 Originating Notices in the Court of Queen's Bench in Calgary (0801-15719 and 0801-15729) regarding their water application filed with Alberta Environment and the Board's October 22, 2008 Decision. The respondents in both actions are the Minister of Environment, the Attorney General, and the Regional Director, Southern Region, Alberta Environment. On April 27, 2009 the designated Director made a decision that Westridge's application was incomplete. A Consent Order was issued for Action 0801-15719 as the Director's decision fulfills the relief sought by Westridge. Action 0801-15729 remains outstanding. A new action was filed by Westridge on July 6, 2009, Action 0901-09830, regarding the Director's April 27, 2009 decision. The matter is to be scheduled.

A Notice of Appeal was received on September 19, 2008 from the Municipality of Crowsnest Pass in relation to the August 18, 2008 decision of Alberta Environment to refuse the Municipality of Crowsnest Pass' application for a Water Act licence in relation to the proposed Sentinel water well located at SW-16-08-05-W5M. Alberta Environment refused to issue a licence because of the possible surface/ground water connection between the Sentinel well and Crowsnest Lake. As a result of the possible connection and the closure of the South Saskatchewan River Basin, Alberta Environment refused to issue a licence. The Board has scheduled a mediation meeting for January 14, 2009, in Lethbridge. On January 8, 2009, the Municipality and Alberta Environment advised they were in discussions and they were unable to compile additional technical information in time for the January 14, 2009 mediation meeting, and therefore, requested an adjournment of the mediation meeting for 6 months. On January 9, 2009, the Board granted the abeyance and requested the parties provide monthly status reports commencing January 30, 2009. The Board also advised that in light of the length of time for discussions, the Board did not see the usefulness of using further resources for a mediation meeting.

The hearing scheduled for October 20, 2009, in Lethbridge, has been adjourned and rescheduled to November 24 and 25, 2009. Alberta Environment requested an adjournment that was agreed to by the Municipality and granted by the Board. The hearing is open to the public for viewing only. Any person other than the parties who wished to make a representation before the Board on this appeal was to have contacted the Board by September 11, 2009. The Board granted limited standing to Bridgegate Financial Corporation, ClansWest Development Ltd., and Mr. Terry Kenney. Copies of material filed with the Board respecting this appeal are available for viewing at the Blairmore Public Library or at the Board office by appointment.

Three Notices of Appeal were received on February 2 and 4, 2009 with respect to to the December 30, 2008 decision of the Director, Alberta Environment, to issue to Evergreen Regional Waste Management Services Commission EPEA Approval 248406-00-00 for the construction, operation and reclamation of the Evergreen Regional Landfill (Class II) near St. Paul, where more than 10,000 tonnes per year of waste is disposed of. A stay of the Approval was also requested by the Appellants, and on March 12, 2009 after reviewing submissions, the Board decided that a stay would not be granted. Although preliminary motions were received from Alberta Environment and the Commission, on March 13, 2009 the Board advised the appeals would proceed to mediation. The mediation meeting held April 23, 2009 was unsuccessful.

The Board set a schedule to receive submissions on the preliminary motions raised by the Commission and Alberta Environment, along with a further stay request of the appellants. The motions raised are: Did the appellants file Statements of Concern with Alberta Environment (in this case a prerequisite to filing a Notice of Appeal); Are the appellants directly affected by the Approval; What are the issues in the Notices of Appeal that are within the Board's jurisdiction; and what are the issues that should be heard at a hearing, if one is held. On October 23, 2009, the Board determined that only the appeal of Dr. Amil Shapka would proceed, the appeals of the Tomlinsons have been dismissed for either not filing a proper Statement of Concern with Alberta Environment or for not being directly affected by the Approval under appeal. The Board also determined the issues to be heard at the hearing: 1. Does the Approval adequately address the potential impacts of the expanded landfill on the groundwater and the local wells? and 2. Did the Director, Alberta Environment, adequately consider the potential impacts of the expanded landfill on surface water run-off and surrounding watersheds? The Board's full reasons will be forthcoming.

A hearing has been scheduled for January 18 and 19, 2010, in St. Paul. Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax or by e-mail to the Board. The request must be received by the Board on or before November 24, 2009. It is your responsibility to ensure that your request is received by the Board by November 24, 2009. Such a request shall (a) contain the name, address, telephone, and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. After November 24, 2009, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once all parties have been determined, the hearing will be open to the public for viewing only.

The information requested is necessary to allow the Environmental Appeals Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

Copies of material filed with the Board respecting this appeal are available for viewing at the St. Paul Municipal Library, 4802-53 Street, St. Paul, Alberta, during its normal operating hours, or by appointment at the Board's office in Edmonton.

A Notice of Appeal was received on February 10, 2009 from the landowner with respect to Alberta Environment's March 18, 2008 decision to issue EPEA Reclamation Certificate No. 00245872-00-00 to ARC Resources for the Esso Unit Pembina 2-28-49-6 well, located near Drayton Valley. In consultation with the participants,the Board held mediation meetings and a site visit on June 9, 2009 and September 28, 2009. As a result of the mediation meeting a resolution was reached that resulted in the appeal being withdrawn on November 2, 2009. The Board will be issuing a Discontinuance of Proceedings and closing its file in this matter.

A Notice of Appeal was received on February 10, 2009 from the landowner with respect to Alberta Environment's May 23, 2008 decision to issue EPEA Reclamation Certificate No. 247302-00-00 to Husky Oil Operations Limited for the Renaissance 11C Berry 11-22-27-12 well, located near Sunnynook. On May 22, 2009 the Board held a mediation meeting and site visit. The mediation is ongoing and the next status reports are due April 6, 2010. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on May 22, 2009 from Alberta Diluent Terminal Ltd. with respect to Alberta Environment's April 22, 2009 decision to issue EPEA Approval No. 11510-02-00 to Chemtura Canada Co./CIE for the chemical manufacturing plant in northeastern edge of the City of Edmonton. Alberta Environment and Chemtura requested the appeal be dismissed for failing to file a Statement of Concern with Alberta Environment. On June 30, 2009 the appeal was placed in abeyance while Chemtura and the Appellant are in discussions. The next status reports are due December 1, 2009.

Notices of Appeal were received on June 11, 2009 with respect to Alberta Environment's May 1, 2009 decision to issue EPEA Approval No. 19060-01-00 to Resort Development Funding Corporation for the construction, operation and reclamation of a waterworks system for the Gleniffer Lake Resort, near Spruce View. Resort Development Funding Corp. has requested the appeals be dismissed as the appellants are not directly affected by the Approval and the issues raised are beyond the ability of the Board to deal with. Final submissions were received on September 9, 2009, and the Board will now make a decision on the validity of the appeals.

A Notice of Appeal was received on June 16, 2009 from Rocky Mountain Property Inc. with respect to Alberta Environment's June 9, 2009 decision to issue Water Act Enforcement Order No. WA-EO-2009/04-SR to Rocky Mountain Property Inc. for removing 2 wetlands in the Wagon Wheel Industrial Park near Balzac. As of July 8, 2009, the appeal is in abeyance while the appellant and Alberta Environment are in discussions. The next status reports are due December 7, 2009.

A Notice of Appeal was received on June 18, 2009 from Chiles Development Corporation Ltd., Chiles Homes Ltd., and Norman Chiles, with respect to Alberta Environment's June 12, 2009 decision to issue Water Act Enforcement Order No. WA-EO-2009/01-CR to Norman Chiles, Chiles Homes Ltd. and Chiles Development Corporation Ltd., for withdrawing water without a licence from S 1/2 03-39-27-W4M, in Red Deer. Alberta Environment requested the Board dismiss the appeal as this particular Enforcement Order is not appealable pursuant to section 115(1)(p) of the Water Act. The motion has been placed on hold while Alberta Environment and Chiles attempt to resolve the appeal. Two amendments have been issued to the Order and the next status reports are due November 16, 2009.

Seven Notices of Appeal were received with respect to Alberta Environment's June 23, 2009 decision to issue EPEA Approval No. 241939-00-00 to EcoAg Initiatives Inc. for the High River Waste Management Facility for the collection and processing of waste to produce fuel. On August 20, 2009 Alberta Environment provided their records and advised that some of the appellants did not file Statements of Concern and that some of the issues raised by the appellants are beyond the Board's jurisdiction. The Board has placed the motions of Alberta Environment on hold pending the outcome of a mediation meeting. A mediation meeting was held on October 30, 2009, and is ongoing. The mediation meeting is between identified participants only.

Notices of Appeal were received on August 5, 2009 with respect to Alberta Environment's June 30, 2009 decision to issue EPEA Approval No. 19061-01-00 to Resort Development Funding Corporation for the construction, operation and reclamation of a wastewater system for the Gleniffer Lake Resort, near Spruce View. The mediation meeting scheduled for November 4, 2009 has been rescheduled to January 13, 2010. The mediation meeting is between identified participants only.

Notices of Appeal were received on August 20 and 21, 2009 from Fish Creek Ranch located near Bragg Creek, the Municipal District of Foothills No. 31, and an individual, with respect to Alberta Environment's July 7, 2009 decision to refuse to amend Water Act Preliminary Certificate No. 00193231-00-00 held by Fish Creek Ranch by adding the MD of Foothills No. 31 on the Certificate. Alberta Environment advised in their decision that the Preliminary Certificate is a promise of water required for 22 lots on a subdivision and because the proposed communal water system is on different lands as well as being a new project, the application for amendment was refused. A mediation meeting was held on November 3, 2009 that resulted in a resolution and the withdrawal of the appeals. The Board will issue a Discontinuance of Proceedings and close its file in this matter.

A Notice of Appeal was received on September 22, 2009 from the landowner of SE 17-015-19-W4M with respect to Alberta Environment's July 16, 2009 decision to issue EPEA Reclamation Certifiate No. 00252804-00-00 to ConocoPhillips Canada for the Crestar 100 Little Bow 16-8-15-19 well, drilled from a surface point in LSD 1 of 17-015-019-W4M, near Lomond, Alberta. The Board scheduled a mediation meeting for December 15, 2009, however it was cancelled on November 10, 2009 as the landowner came to an agreement with ConocoPhillips and withdrew his appeal. The Board will issue a Discontinuance of Proceedings and close its file.

Notices of Appeal was received from the Fort McMurray First Nation and the Mikisew Cree First Nation with respect to Alberta Environment's August 21, 2009 decision to issue EPEA Approval No. 236394-00-00 to Nexen Inc. for the construction, operation and reclamation of the Long Lake South enhanced recovery in-situ oilsands or heavy oil processing plant and oil production site. The site is located near the Hamlet of Anzac, 40 km south of Fort McMurray.

A schedule will be set to receive submissions from the participants on the following three motions:

1. What issues in the Notices of Appeal relate to constitutional issues that are not within this Board's jurisdiction? What are the issues in the Notices of Appeal that are not constitutional issues? In accordance with section 11 of the Administrative Procedures and Jurisdiction Act, this Board is not designated under this legislation to hear constitutional matters.

2. The Board must consider whether the issues in the Notices of Appeal have been considered by the Energy Resources Conservation Board. The Environmental Protection and Enhancement Act provides that this Board shall dismiss a Notice of Appeal if in the Board's opinion the person submitting the notice of appeal received notice of or participated in or had the opportunity to participate in one or more hearings or reviews under any Act administered by the Energy Resources Conservation Board at which all of the matters included in the Notices of Appeal were adequately dealt with.

3. How are the Fort McMurray First Nation and Mikisew Cree First Nation directly affected by the Approval issued to Nexen Inc.?

Three Notices of Appeal were received on October 26 and 29 and November 5, 2009, with respect to Alberta Environment's September 28, 2009 decision to issue Water Act Approval No. 00250071-00-00 to the Town of Ponoka for the construction, operation, and maintenance of a storm water management system. The Board will decide how the appeals will be processed upon receipt of the records from Alberta Environment.