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Agenda - Niagara Peninsula Conservation Authority

Agenda - Niagara Peninsula Conservation Authority

Signing Authorities By

Signing Authorities By signing this Protocol the parties confirm their commitment to protect the Lyon’s Creek East ecosystem. Her Majesty the Queen in Right of Canada (Canada) as represented by: • The Minister of the Environment, Department of the Environment Name of who signs on behalf of the Minister • The Minister of the Department of Fisheries and Oceans, Department of Fisheries and Oceans Name of who signs on behalf of the Minister Her Majesty the Queen in Right of Ontario (Ontario) as represented by: • The Minister of the Environment, Ministry of the Environment Name of who signs on behalf of the Minister • The Minister of Natural Resources, Ministry of Natural Resources Name of who signs on behalf of the Minister The Niagara Peninsula Conservation Authority, as represented by: Douglas Ransom, Chairman, Board of Directors Tony D’Amario, Chief Administrative Officer, Secretary Treasurer The Regional Municipality of Niagara, as represented by: Peter Partington, Regional Chair Mike Trojan, Chief Administrative Officer The City of Welland, as represented by: Damian Goulbourne, Mayor Craig A. Stirtzinger, City Manger The St Lawrence Seaway Management Corporation, as represented by: Name of who signs

The Purpose of the Protocol The Lyon’s Creek East Administrative Control Protocol is an administrative tool that establishes principles and procedures to ensure contaminated sediment in the Lyon’s Creek East Impacted Area is not disturbed, exposed or re-suspended. The Protocol guides key agencies in the implementation of Monitored Natural Recovery through the Lyon’s Creek Sediment Strategy, which states: • Polychlorinated biphenyls (PCBs) contaminated sediment is located in the upper portions of the Lyon’s Creek East (between the Welland Canal By-pass and Highway 140) and should be left in place, undisturbed, in order to allow natural recovery to take place; and • Administrative controls and a Community Outreach Program should be put in place to ensure human activities do not disturb the top layer of sediment and expose the deeper, more contaminated material. As they currently exist, historically contaminated sediment in the Lyon’s Creek East Sub-watershed (Area of Undertaking) are stable and covered with a cleaner layer of sediment and therefore do not pose a significant human health or ecological risk. However, certain development, site alteration, emergency and recreational activities that involves dredging, filling/covering, piling/directional drilling, or scouring have the potential to disturb, expose or re-suspend the deeper more contaminated sediment. The intent of this Protocol is to integrate the efforts of all agencies that have the mandate and authority to regulate activities in the Area of Undertaking to ensure that PCB contaminated sediment is not disturbed, exposed or resuspended. The Protocol represents an inter-agency commitment to collaborate on the long-term protection, monitoring and awareness efforts regarding the contaminated sediment in Lyon’s Creek East. The parties to this Protocol have agreed to work together in a cooperative, coordinated and integrated fashion and are committed to prevent the disturbance, exposure and re-suspension of contaminated sediment within the Impacted Area and the Area of Undertaking. The Objectives of the Protocol The objectives of the protocol are: Participating Agencies • Niagara Peninsula Conservation Authority (NPCA) • Environment Canada (EC) • Fisheries and Oceans Canada (DFO) • Ministry of the Environment (MOE) • Ministry of Natural Resources (MNR) • City of Welland (CITY) • Niagara Region (NR) • St. Lawrence Seaway Management Corporation (SLSMC) • To create a common administrative approach to ensure contaminated sediment is not disturbed, exposed or re-suspended; • To harmonize agency mandates and to strengthen and coordinate a common review process for regulating activities that have potential to disturb contaminated sediment;

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