This appeal is with respect to the decision of Alberta Environment to issue 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, Alberta. 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. The Board's letter of July 22, 2008 requests further status reports from the parties by September 15, 2008.

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. As of January 31, 2007, regular status reports are to be provided by the Town of High River on its application it intends on making to Alberta Environment for the tight wrap dyke. The Town provided their technical report prepared by Golder, and comments to that report were due from the participants by May 30, 2008. Alberta Environment will not be providing comments on this report at this time. On June 2, 2008, the Board provided all the participants with the comments received on the Golder Report. On June 25, 2008 the Town advised that Golder has commenced drafting the application. The Board requested the Town advise further on the status of their draft Alberta Environment application by July 28, 2008. The draft application will be circulated to the participants for comments. On July 28, 2008, the Town advised that it was in the process of obtaining easement agreements with property owners. The Town is to provide an update to the Board by August 5, 2008.

These appeals are with respect to the November 24, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Amending Approval 1190-01-13 to the Town of Strathmore for the construction, operation and reclamation of a wastewater system. The Amending Approval is an amendment to an existing approval to construct a wastewater pipeline and associated outfall to the Bow River. The treated wastewater pipeline will originate at the Strathmore wastewater storage cells located in the SE 1/4 11-24-25-W4M. The effluent conveyed by the pipeline is treated at the Strathmore wastewater treatment facility to tertiary standards. Treated wastewater will discharge from an armoured outfall into an existing surface channel running along the toe of the embankment approximately 100 metres to the secondary channel at the confluence with the Bow River.

In consultation with the participants, the Board held a Hearing on February 12, 13 and 14, 2007, in Strathmore and received final written closing comments on March 22, 2007. The Board issued its Report and Recommendations to the Minister of Environment and on May 18, 2007, the Board released its Report and Recommendations, and the Minister's Order varying the terms and conditions of the Amending Approval.

The Siksika Nation, the Siksika Nation Elders and the Town of Strathmore reserved their right, at the Hearing, to apply for costs. Cost applications were received from the Siksika Nation and the Town of Strathmore, and comments to those applications were received September 14, 2007. On April 22, 2008 the Board issued its Costs Decision awarding costs of $16,948.69 to Siksika Nation payable by the Town of Strathmore. The Board found the evidence provided by the Siksika Nation's consultants furthered the purposes of EPEA and assisted the Board in its preparation of its recommendations. The award of costs are for the Siksika Nation's consultants.

These appeals are with respect to the September 8, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Amending Approval No. 1242-01-05 to the Town of Turner Valley. The Amending Approval allows for the construction, operation and reclamation of a raw water storage reservoir as part of the waterworks system for the Town of Turner Valley. The raw water storage reservoir is located at 835 Okalta Road, Turner Valley. A Hearing was held on January 28 and 29, 2008 and the Board provided its Report and Recommendations to the Minister of Environment on February 28, 2008. The Minister issued his Order on March 7, 2008, and on March 11 the Board provided its Report and Recommendations to the parties. At the Hearing, the Appellant and the Town of Turner Valley reserved their right to file an application for costs with the Board. The Board received cost applications from the Town of Turner Valley and from the Appellant and comments on those applications were received May 2, 2008. The Board will now make a decision on the cost applications.

These appeals are with respect to the October 12, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Environmental Protection Order No. EPO-2006/11-CR to SP79 Investments Ltd., Petro-Canada and Gulf Canada Limited with respect to the clean up of a former service station located at 5010-50 Street, SE 34-50-24-W4M, in Beaumont. SP79 Investments has also made application for a Stay of the Order. On November 9, 2006 Alberta Environment advised the Board that they have agreed to an interim Stay of the Order. In consultation with the participants, the Board had scheduled a Mediation Meeting for December 18, 2006, however, SP79 requested the Mediation Meeting be rescheduled to allow for one of their experts to attend. Mediation Meetings were held on January 19, June 26 and June 27, 2007, October 10 and 22, 2007, February 25, 2008, March 17, 2008, April 28, 2008 and an interim agreement has been reached. The Mediation Meeting is between identified participants only.

The Board received Notices of Appeal from 17 Appellants with respect to 6 Amending Approvals (listed below) issued by Alberta Environment on April 30, 2007 that incorporate the Lakeland Industry and Community Association (LICA) Air Quality Monitoring Program Network.

• Imperial Oil Resources Limited Amending Approval No. 73534-00-06 authorizing the construction, operation and reclamation of the Cold Lake enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• EnCana Corporation Amending Approval No. 68492-00-10 authorizing the construction, operation and reclamation of the Foster Creek enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• EnCana Corporation Amending Approval No. 68023-00-04 authorizing the construction, operation and reclamation of the Foster Creek enhanced recovery in-situ heavy oil plant.
• Canadian Natural Resources Limited Amending Approval No. 11115-03-02 authorizing the construction, operation and reclamation of the Primrose and Wolf Lake enhanced recovery in-situ oil sands and heavy oil processing plant and oil production site.
• Husky Oil Operations Limited Amending Approval No. 147753-00-02 authorizing the construction, operation and reclamation of the Tucker enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• Blackrock Ventures Inc. Amending Approval No. 78161-00-01 authorizing the construction, operation and reclamation of the Hilda Lake enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.

1. The Stay request;
2. The Board rule on the question of whether "facts and evidence" presented at a mediation may be characterized as "communications made to or through the Mediator", and if so, whether such characterization contradicts Rule 2 under "Confidentiality" of the Ground Rules for Mediation Meetings as contained in the Participants' Agreement to Mediate signed at the Mediation Meeting April 11, 2008;
3. Whether the appeals are vexatious and without merit and if they are that they be dismissed;
4. Whether the Appellants are directly affected and if not that their appeals be dismissed;
5. Whether the Appellants submitted Statements of Concern with Alberta Environment prior to filing Notices of Appeal with the Board and if not that their appeals be dismissed;
6. Whether the Board should adjurn its proceedings until 2009 until the Director has considered the Approval Holder's and LICA's response to the Final Report-Review of the LICA Ambient Air Quality Monitoring Network dated February 29, 2008;
7. Whether a Hearing, should one be held, be conducted orally or in writing;
8. The isues to be considered at a Hearing of the appeals, should one be held; and
9. In addition to addressing the effect of these preliminary motions, the Board would like the participants to address CNRL Amending Approvals No. 11115-03-02, 11115-03-03 and 11115-03-04, which were issued on April 30, 2007, May 29, 2007, and September 6, 2008, and were not appealed.

A Notice of Appeal was received on October 4, 2007 regarding the August 29, 2007 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 0020754-01-00 to the Beaver Regional Waste Management Services Commission (BRWMSC) authorizing the construction, operation and reclamation of the Beaver Regional Class II landfill where more than 10,000 tonnes per year of waste is disposed of, located in Ryley, Alberta. On November 14, 2007, the Board advised the participants that since BRWMSC sees no merit or benefit to pursuing mediation and requested the Board set a written submission process to determine the issues, the Board will proceed to schedule a Hearing and a written submission process to determine the issues that will be heard at the Hearing.

Following a written submission process and the Preliminary Motions Hearing held June 16, 2008, on July 24, 2008 the Board advised the participants that the following issues will be heard at the Hearing on December 17 and 18, 2008:

1. the appropriateness and adequacy of the conditions in the Approval with respect to the abandoned wells, (a) that have been identified, and (b) that have not been identified, which may yet be encountered during construction, in the area where the expansion of the landfill is approved;
2. the effects of the expansion of the landfill on the surface water regime in the area, including but not limited to Bible Creek;
3. the appropriateness and adequacy of the conditions in the Approval with resepct to the development and operation of special cells; and
4. the operation of the expanded landfill as it relates to litter, odour, noise, operating hours, and aesthetics.

A Notice of Appeal was received on October 24, 2007 with respect to the October 16, 2007 decision of Alberta Environment to issue Reclamation Certificate No. 00238153-00-00 to Talisman Energy Inc. in relation to the Talisman Bonanza 14-2-82-12-W6M well in the County of Saddle Hills. Alberta Environment's Record is due November 23, 2007. On October 31, 2007, the Appellant requested the Board hold the mediation meeting in the spring of 2008 so that a site visit can be conducted. On May 23, 2008, the Board confirmed the Mediation Meeting will be held on August 13, 2008. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received from Westridge Utilities Inc. appealing Water Act Licence No. 00240846-00-00 issued by Alberta Environment to the Municipal District of Rocky View No. 44 authorizing the operation of a works and the diversion of 2,220,268 cubic metres of water annually from the Bow River for commercial, municipal (subdivision water supply), and recreational (entertainment complex) purposes near Balzac. Alberta Environment also issued Water Act Licence No. 00240847-00-00 to Her Majesty the Queen in Right of Alberta for a volume of 246,696 cubic metres of water annually in the Bow River for the implementation of a water conservation objective. The licences are the result of a transfer of water from the Western Irrigation District to the Municipal District of Rocky View No. 44 with a 10 percent holdback transferred to her Majesty the Queen in Right of Alberta. The Board held a Preliminary Motions Hearing on December 17, 2007, to hear submissions on the issue of whether Westridge Utilities was directly affected and should be granted standing. The Board issued its Decision for dismissing the appeals on May 12, 2008. The Board found Westridge was not directly affected because its concerns were not based on any environmental impact that would affect it and its concerns were too speculative in nature to establish the necessary connection to the licences under appeal. No effect arising from these licences were apparent, because the licences did not result in any change to the volume, rate, location, or time of diversion of water, and all the terms and conditions were the same as contained in the licence held by the Western Irrigation District.

On June 6, 2008, the Board received a request from Westridge Utilities to reconsider its May 12, 2008 decision. The Board advised the participants on June 16, 2008 that the Board generally will only reconsider its decisions where there is a substantial error in law, or where the participant can provide substantial new evidence that was not available at the time of the Preliminary Motions Hearing. The Board has scheduled a written submission process to determine whether it should grant Westridge Utilities' request for reconsideration. Note that the submissions the Board is requesting relate only to whether the Board should undertake the reconsideration. The Board has received Westridge Utilities' initial submission, Alberta Environment's and the Municipal District's response submissions, and Westridge Utilities' rebuttal submission. As of July 22, 2008, the Board will decide if it will accept Westridge Utilities' reconsideration request.

A Notice of Appeal was received on November 2, 2007 from Devon Canada Corporation with respect to the October 2, 2007 decision of Alberta Environment to cancel Reclamation Certificate No. 00204365-00-00 issued to Devon Canada Corporation in relation to the ARL 1D Cecil 1-5-85-10-W6M well in the Municipal District of Clear Hills No. 21 (Clear Hills County). Alberta Environment cancelled the Reclamation Certificate as a surface audit of the wellsite revealed the average replaced soil depth on site (7 cm) does not meet the required replacement depth of 12 cm for the lease, and an increase in aggregate strength and size. On January 14, 2008, in consultation with the participants, the Board had scheduled a Mediation Meeting for February 27, 2008, however, Alberta Environment advised they are no longer available. Parties were to advise the Board by February 8, 2008 if they are available on March 26, 27 or 28, 2008. Alberta Environment subsequently advised the Board they did not wish to participate in a mediation and asked that the matter be set down for a hearing. In consultation with the parties, on February 26, 2008, the Board set the Hearing for March 26, 2008 at the Board's office. However, on March 14, 2008 the Hearing was adjourned at the request of Devon and Alberta Environment. The parties stated that they wished to have an opportunity to review the Board's Report and Recommendations and the Minister's Order in the Talisman matter (EAB 07-133) that was heard on February 19, 2008, as the facts may be similar to the Devon case. The Board provided the participants with a copy of the Talisman Report and Recommendations and the Minister's Order on April 1, 2008. On March 19, 2008, Devon advised that it was conducting field tests and requested the Hearing not proceed until June. In consultation with the parties, the Board has scheduled the Hearing for October 2, 2008, and written submissions are due September 2, 2008.

Any person, other than the parties, who wished to make a representation before the Board at the Hearing on this appeal was to submit a request in writing by March 14, 2008. No requests were received. The Hearing is open to the public for viewing only. Copies of material filed with the Board respecting this appeal will be available for viewing at the Menno-Simons Public Library in Cleardale, Alberta, during its normal operating hours, or by appointment at the Office of the Environmental Appeals Board in Edmonton.

A Notice of Appeal was received on November 16, 2007 with respect to the October 17, 2007 decision of Alberta Environment to issue Reclamation Certificate No. 00235724-00-00 to Bow Valley Energy Ltd. (now Gentry Resources Ltd.) in relation to the Bow Valley et al Balsam 6-4-83-10 well, near Silver Valley, Alberta. On December 20, 2007, the Board received a reqeust from Gentry Resources to place the appeal in abeyance while they were in discussions with the Appellant. The Board granted the request on December 27, 2007 on the condition that the Appellant had no concerns, and requested Gentry Resources and the Appellant provide status reports by January 18, 2008. Gentry provided a status report on January 15, 2008. On January 23, 2008, the Board asked the Appellant if he would be withdrawing his appeal as a result of the agreement reached with Gentry. The Appellant notified the Board on February 21, 2008 that he would like the appeal held in abeyance pending completion of the work by Gentry. On February 25, 2008, the Board requested status reports from the Appellant and Gentry by May 16, 2008. Gentry advsed May 26, 2008 that work is proceeding on the land in July, and on May 26, 2008 the Board requested further status reprts by July 15, 2008. A status report was received July 15, 2008 from the Appellant advising plans are proceeding. The Board requested further status reports by August 15, 2008.

A Notice of Appeal was received on November 22, 2007 with respect to the October 29, 2007 decision of Alberta Environment to issue Reclamation Certificate No. 00236149-00-00 to Devon Canada in relation to the ARL Spirit River 5-32-78-7-W6M well, in the Saddle Hills County. On January 21, 2008, in consultation with the participants, the scheduled a Mediation Meeting for June 11, 2008 in Spirit River. On June 9, 2008, the Appellant and Devon requested the appeal be held in abeyance in order that further testing take place. On June 10, 2008, the Board cancelled the June 11, 2008 Mediation Meeting and requested status reports from the Appellant and Devon by July 25, 2008. A status report was received from Devon on July 25, 2008 and waiting for Appellant to provide a status report.

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 Appellant provided a status report on June 26, 2008, and the Board has requested a further status report by August 8, 2008.

A Notice of Appeal was received on February 29, 2008 from Westridge Utilities with respect to the February 1, 2008 decision of Alberta Environment to deny an application under the Water Act for a diversion licence and priority number to Westridge Utilities, located in the Springbank area near Calgary. On March 7, 2008, Alberta Environment requested the Board determine if the appeal is valid citing that an "incomplete application" is not within the Board's jurisdiction, as well the decision stating the application was incomplete was made in 2004. On April 1, 2008, the Board set a schedule to receive submissions on Alberta Environment's motion to determine if the appeal is properly before the Board. The Board received letters from the Appellant on April 2 and 11, 2008 objecting to the process. On May 6, 2008, the Board advised the participants that it would be proceeding to an oral Preliminary Motions Hearing and once the date was set, a date would be set to receive written submissions. At the Preliminary Motions Hearing, the Board will hear arguments and evidence with respect to whether it has jurisdiction to hear the appeal and should the Board order Alberta Environment to produce the documents requested by Westridge Utilities. In consultation with the participants, the Preliminary Motions Hearing will be held on August 26, 2008, in Calgary. The final submissions are due August 13, 2008.

A Notice of Appeal was received on March 17, 2008 from the landowner appealing Reclamation Certificate No. 235049-00-00 issued by Alberta Environment on February 14, 2008 to Signalta Resources Limited for the BRRI et al Rundle 16-8-65-16-W4M well in Lac La Biche County. On April 30, 2008, in consultation with the participants, the Board has scheduled a Mediation Meeting for September 24, 2008, in Lac La Biche. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on April 1, 2008 from the landowner appealing Reclamation Certificate No. 243458-00-00 issued by Alberta Environment on February 12, 2008 to Devon Canada Corporation for an access road in NE-26-55-2-W5M, near Onoway, in Lac Ste. Anne County. In consultation with the participants, a Mediation Meeting was held July 3, 2008, and discussions were ongoing. As a result of discussions at the Mediation Meeting, the Appellant has withdrawn his appeal. The Board issued a Discontinuance of Proceedings on July 23, 2008 and closed its file.

A Notice of Appeal was received on April 23, 2008 from Mr. Leonard Chomistek appealing Environmental Protection Order No. EPO-2008/01-SR and Water Act Enforcement Order WA-EO-2008/01-SR issued to Griffin Valley Ranches Ltd. in relation to a peat operation on lands located at NW 30-27-5-5WM in the MD of Rocky View No. 44. Alberta Environment has challenged the validity of the appeal stating the Orders are only issed to Griffin Valley Ranches. On June 2, 2008, the Board provided the participants with a copy of the Record received from Alberta Environment. The Board has requested the Appellant provide the Board with a written submission by September 15, 2008 on why in his view he should be entitled to appeal despite the fact he is not named in the Order.

A Notice of Appeal was received on May 26, 2008 appealing a Water Act Licence issued by Alberta Environment on May 9, 2008 to 1320050 Alberta Ltd., o/a Eagle Rock Golf Course. The Licence permits the operation of a works and the diversion of up to 62,500 cubic metres of water annually at a maximum rate of diversion of 0.0505 cubic metres per second from the source of water for commercial purposes (golf course) in Leduc County. A Mediation Meeting was held for July 28, 2008 and as a result of discussions, the Appellants have withdrawn their appeal. The Board issued a Discontinuance of Proceedings on July 31, 2008 and closed its file.

A Notice of Appeal was received on May 30, 2008 appealing Approval 9790-02-00 issued by Alberta Environment to Hub Oil Company Ltd. on April 28, 2008, for the reclamation of the Hub Oil facility for the processing of hazardous recyclables, located in Calgary.A Mediation Meeting is scheduled for September 3, 2008 in Calgary. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on June 6, 2008 from the landowner appealing Reclamation Certificate No. 00237923-00-00 issued by Alberta Environment to Devon Canada Corporation in relation to lands within NE 31-073-07-W6M and W 31-073-07-W6M, in connection to the Ulster Suncor Gran 3-31-73-7 well, in the County of Grande Prairie. The Board is scheduling a mediation meeting and due to scheduling problems has now asked participants to provide their schedules in October for a mediation meeting and site visit, by July 28, 2008. Counsel for the Appellant has advised they are not in a position to provide available dates for a Mediation Meeting and site visit because of harvest. On July 29, 2008, the Board requested the Appellant's counsel advise if he wished to have the Mediation Meeting after October 2008, and possibly forego the site visit as weather may not permit the site visit, or schedule the Mediation Meeting in the spring of 2009. The Board further stated the appeal would not be held in abeyance indefinitely. Participants are to respond to the Board by August 5, 2008.

A Notice of Appeal was received on June 13, 2008 from Canadian Natural Resources Limited appealing Alberta Environment's May 13, 2008 decision to refuse to accept an application for a reclamation certificate in relation to the CNRL Cache and CNRL et al Cache 11-34-58-11-W4M wells. The May 13, 2008 letter indicates that the application is refused because it doesn't meet reclamation criteria on a number of grounds (texture, soil aggregate strength and profile restrictions) and identification of the location of the sump. A Mediation Meeting is scheduled for September 10, 2008. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on July 17, 2008 from Canadian National Railway appealing Alberta Environment's July 9, 2008 decision to issue Environmental Protection Order No. EPO-2005/12-CR, Amendment No. 2, for the cleanup of Lake Wabmun and adjacent land as a result of the derailment of CN's trains on August 3, 2005. On July 18, 2008, Canadian National Railway and Alberta Environment are in discussions regarding the Order and status reports are due on August 22, 2008.

A Notice of Appeal was received on July 18, 2008 from Leonard Chomistek of Big Bear Hills Inc. appealing Alberta Environment's June 18, 2008 decision to return his applications for a water licence and 3 temporary diversion licences under, the Water Act, in relation to activities on NW 30-27-5-W5M SW 31-27-5-W5M, and SE 30-27-5-W5M, in the MD of Rocky View No. 44. The Board is expecting Alberta Environment's records by August 18, 2008, and will decide how the appeal will be processed.