aboriginal consultation - proposed humberstone …œ the site accepts domestic, commercial and...

$: Aboriginal Consultation - Proposed Humberstone …œ The site accepts domestic, commercial and non-hazardous solid industrial waste for disposal ... \2007 Beyond\E04 Certificates of$
TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT OF THE PROPOSED EXPANSION OF THE HUMBERSTONE LANDFILL

APPENDIX F Aboriginal Consultation F1 – Haudenosaunee Confederacy Council Chiefs

F1.1 – July 5, 2012 Letter from the HDI on Behalf of the HCCC F1.2 – September 7, 2012 Email to HDI in Response to July 5, 2012 Letter F1.3 – October 19, 2012 Letter from HDI on Behalf of the HCCC F1.4 – November 9, 2012 Submission of Application and Supporting Documents to HDI F1.5 – November 14, 2012 Discussion Outline for the Meeting between HDI and Niagara Region F1.6 – March 14, 2013 Letter to HDI from Niagara Region F1.7 – April 9, 2013 Letter from HDI to Niagara Region


APPENDIX F1.1 July 5, 2012 Letter from the HDI on Behalf of the HCCC


APPENDIX F1.2September 7, 2012 Email to HDI in Response to July 5, 2012 Letter

1

Carr, Laura

From: Kryger, Peter <[email protected]>Sent: Friday, September 07, 2012 4:16 PMTo: '[email protected]'Subject: Humberstone Landfill EA - HDI Letter Dated July 5, 2012

Follow Up Flag: Follow upFlag Status: Flagged

Categories: Humberstone

To Ms. Hazel E. Hill:

We are sending this email as a follow-up to your letter to Ms. Habermebl dated July 5, 2012. I made a couple calls (August 22 and August 31) and had not heard back so I wanted to make sure that we had the opportunity to touch base.

We would be interested in speaking with you regarding our project, your letter and the attached application in a little more detail prior to proceeding. If you could give me a call to discuss at your convenience, it would be greatly appreciated.

Thanks in advance,

Peter Kryger. P. Geo.Project ManagerWaste Management Services, Niagara Regionphone - 905.685.4225 X3736fax - 905.687.8056 cell - 905.933.4269

The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you.


APPENDIX F1.3 October 19, 2012 Letter from HDI on Behalf of the HCCC

Meeting with HaudenosauneeDevelopment InstituteNovember 14, 2012

Meeting with HaudenosauneeDevelopment InstituteNovember 14, 2012

Humberstone Landfill Project OutlineHumberstone Landfill Project Outline

Information About the Humberstone Landfill Site

� The Humberstone Landfill site is located at 700 Humberstone Road in the south end of the City of Welland

� Waste disposal commenced at the landfill in the 1940s

� MOE issued the first Certificate of Approval in the 1970’s

� The site is approximately 950 m southeast of the Welland River and approximately 1 km west of the abandoned Welland Canal

� It has a 37.8 ha approved landfill footprint area on 49.2 ha of land

� The site accepts domestic, commercial and non-hazardous solid industrial waste for disposal

� The approved volume is 2.2 million m3 of waste and cover material

� Approximately 300,000 tonnes of capacity remained at end of 2011; based on approximately 60,000 tonnes per year, five years of capacity remain

� Without an expansion, the landfill is expected to reach approved capacity near the end of 2016

� Niagara Region needs to expand the Humberstone Landfill to provide convenient disposal for south Niagara residents and businesses for the next 25 years

� Various waste management planning studies have been completed by Niagara Region over the past 10 years, including public consultations

� The EA will consider options for a vertical expansion

� Existing site-specific constraints limiting opportunities for horizontal expansion include:

� Woodlot on the lands to the north is a Provincially Significant Wetland

� Lands to the south are owned by the City of Welland and CN Rail (including an active rail line)

� Lands to the west are in the neighbouring Township of Wainfleet and used for agricultural purposes

� Lands to the east are part of the abandoned Feeder Canal, which drains intermittently to the Brown Tap Drain

� Alternative methods for expanding the landfill will be assessed as part of the environmental assessment process

The Proposed Project

Terms of Reference (TOR) Preparation

To date� Notice of Commencement issued to all stakeholders May 25,

2012

� Public Open House #1 was held on June 27, 2012

� TOR distributed to MOE

� TOR posted on Niagara Region website

� Public Open House #2 held October 24

� Notification of Open House #2 to GRT, Aboriginal Groups, property owners 1000 m from landfill, 12 municipalities, and Regional Councillors

Next Steps� Consider all comments received (Oct./Nov)

� Finalize TOR (Nov.)

� Submit TOR to MOE (Dec.)

EA Approach

EA Work will be undertaken in two parts:

� Characterize existing environment and predict effects of proposed alternative methods

� Assess the effects, compare alternative methods and identify preferred landfill expansion alternative

Environmental Components

Environmental components that will be evaluated during the EA are:

� Atmosphere

� Geology and Hydrogeology

� Surface water

� Biology

� Land Use

� Culture, and

� Socio Economic


APPENDIX F1.4 November 9, 2012 Submission of Application and Supporting Documents to HDI


APPENDIX F1.5 November 14, 2012 Discussion Outline for the Meeting between HDI and Niagara Region

From: Kryger, PeterTo: "[email protected]"Cc: Habermebl, Catherine; Mucciarelli, Silvio; Brown, Peter (Mississauga)Subject: Niagara Region Response to July 5, 2012 LetterDate: Friday, November 09, 2012 3:59:19 PMAttachments: Letter 16 - Response to July 5, 2012 Letter - Complete.pdf

Ms. Hill:

Please find attached a response to your July 5, 2012 letter (minus Attachment C). Wemailed out the response in quadruplicate along with one copy of Attachment C.

We trust that the provision of this information in advance of our November 14, 2012meeting will result in it being more productive.

We look forward to meeting with you next week.

Regards,

Peter Kryger. P. Geo.Project ManagerWaste Management Services, Niagara Regionphone - 905.685.4225 X3736fax - 905.687.8056cell - 905.933.4269

The Regional Municipality of Niagara Confidentiality NoticeThe information contained in this communication including any attachments may beconfidential, is intended only for the use of the recipient(s) named above, and maybe legally privileged. If the reader of this message is not the intended recipient, youare hereby notified that any dissemination, distribution, disclosure, or copying ofthis communication, or any of its contents, is strictly prohibited. If you havereceived this communication in error, please re-send this communication to thesender and permanently delete the original and any copy of it from your computersystem. Thank you.

MEMORANDUM

DATE: November 9, 2012

TO: Ms. Hazel E. Hill – Interim Director Haudenosaunee Development Institute

FROM: Peter Kryger P. Geo. Project Manager

CC: Catherine Habermebl, Acting Director, Waste Management Services Silvio Mucciarelli, Associate Director, Waste Disposal Operations

SUBJECT: Response to July 5, 2012 Letter Draft Proposed Terms of Reference for the Environmental Assessment of the Proposed Expansion of the Humberstone Landfill

Ms. Hill:

Please find enclosed a response to your July 5, 2012 letter in advance of our November 14, 2012 meeting. In addition we have also included a copy of the Draft Proposed Terms of Reference for the Environmental Assessment of the Proposed Expansion of the Humberstone Landfill.

The supplemental information is provided in quadruplicate with the exception of the survey and Draft Proposed Terms of the Reference.

By providing this information in advance of our meeting we hope that it will result in a more productive meeting.

I you need anything else please let me know.

Peter KrygerProject ManagerWaste Management Services, Niagara Region phone - 905.685.4225 X3736 fax - 905.687.8056 cell - 905.933.4269

L:\2007 Beyond\E04 Certificates of Approval & Compliance Reports\Humberstone EA\Project Folder\External Correspondence\Letter 16 (HDI - Response to July 5, 2012 Letter)\Memo - to Ms. Hazel Hill - Response to July 5, 2012 Letter.docx

ATTACHMENT A

SUPPLEMENTAL INFORMATION – RESPONSES to SECTIONS 4 – 8.

In addition to the information provided on the Haudenosaunee Development Institute (HDI) Application For Consideration and Engagement for Development Form (Application Form) Niagara Region provides this attachment in response to Sections 4 through 8.

Section 4 – Additional Information for the Site

The Site where the Humberstone Landfill is located has two zones:

RA-Rural Agricultural (zoning provisions including permitted uses can be found here: http://www.welland.ca/ByLaws/bylaw_sections/b2667/section17.pdf); andI2- Yard Storage and Heavy Manufacturing (zoning provisions including permitted uses can be found here: http://www.welland.ca/ByLaws/bylaw_sections/b2667/section25.pdf)

The City of Welland Official Plan states the following:

6.7 AREA SPECIFIC POLICY AREAS 6.7.1 Area 1: Region of Niagara Landfill Site 6.7.1.1 Planned Function Area 1 is the Humberstone landfill operated by the Regional Municipality of Niagara and is planned to function as a landfill for municipal household solid waste. 6.7.1.2 Permitted Uses The permitted uses for Area 1 are limited to those uses which are associated with the operation of a landfill. The operations of the landfill site are subject to the legislative requirements of the Environmental Protection Act. 6.7.1.3 Design The City encourages improvements to the design of the site which improve screening and buffering through the use of trees, vegetation and berming. The City also supports any improvements which help to reduce the potential for impacts associated with noise, dust and odour. Setbacks for adjacent land uses shall be consistent with the Ministry of the Environment policies and guidelines for landfill sites.

Section 5 – Archaeology

5.1 Have any archaeology studies been completed? If yes, please attach.

To the knowledge of Niagara Region no archaeology studies were completed by the City of Welland when the landfill was first established in the early 1940s.

5.2 If no archaeology studies have been undertaken to date are any archaeology studies planned?

The Humberstone Landfill Site (Landfill or Site) began to accept waste in the 1940s and has operated continuously since then. A survey dating back to 1965 (updated in January 1995) shows that the approved fill area is 38.51ha. From 1940 to 1996, the Landfill, which was owned and operated by the City of Welland, accepted waste from the City of Welland.

In 1995/1996 consultants completed studies for the City of Welland to redesign the Landfill to mitigate potential environmental effects and enable the approved site capacity to be realized. The application did not affect the Landfill’s previously approved capacity but altered the final contours.

In 1996, Niagara Region assumed responsibility for waste management powers and the Humberstone Landfill.

In 2010, Niagara Region completed a comprehensive landfill utilization comparison study that looked at five different options. While all the options were vastly differently, all options related to the expansion of the Landfill included a vertical expansion.

The MOE approval that was granted as a result of the 1996 studies and current proposed project for expansion were vertical in nature and have not and will not result in any impacts to the landuses in the area of the landfill.

Since the adjacent lands will not be used or impacted by the proposed vertical expansion of the landfill, no archaeological studies are proposed as part of the Environmental Assessment.

Section 6 – Land Title

6.1 Please provide details and a history of the title including any information on the initial Crown Patent and how the Crown obtained such a patent

Niagara Region has pulled the Crown Patents for the land that encompasses the Landfill. In addition, copies of abstracts from the Land Registry Abstract Book have been included for the respective lots. The history for each lot goes back to the original Crown Patent.

This information is included in Attachment C.

Section 7 – Time Frame

7.1 Please set out the scheduling for the project and any significant dates.

2012 – Submission of the Terms of Reference for the Environmental Assessment

2013 – Submission of the Environmental Assessment Act approval

2015 – Submission design information for Environmental Protection Act approval

2017 – Anticipated start of landfilling in areas contemplated for approval

Section 8 – Other Permits, Licenses and/or Approvals

8.1 Please provide any details with respect to any other permits, licenses and/or approvals which the applicant is seeking for the project from any municipal, provincial and/or federal authority.

1. Environmental Assessment Act approval; and 2. Environmental Protection Act approval.

ATTACHMENT B

CROWN PATENTS and ABSTRACTS from LAND REGISTRY ABSTRACT BOOK

ATTACHMENT C

DRAFT PROPOSED TERMS OF REFERENCE for the ENVIRONMENTAL ASSESSMENT of the PROPOSED EXPANSION of the HUMBERSTONE LANDFILL


APPENDIX F1.6March 14, 2013 Letter to HDI from Niagara Region


APPENDIX F1.7April 9, 2013 Letter from HDI to Niagara Region