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Agenda - Niagara Peninsula Conservation Authority

Agenda - Niagara Peninsula Conservation Authority

• To establish

• To establish principles that will guide decisions; and • To clearly articulate the roles and responsibilities of each party to this protocol. The Geographic Scope of the Protocol The geographic scope of this protocol includes all lands that drain into the upper portion of Lyon’s Creek East between the Welland Canal and the Buchner Road / CN Railway Intersection. Within this area there are two areas of concern: • Impacted Area – Includes all land in the creek bed where the contaminated sediment exists (Zones 1, 2, 3, and 4). • Area of Undertaking – Includes all land within the sub-watershed that drains into the Impacted Area.

The Principles of the Protocol The following principles will guide the decisions of the parties to this protocol for all activities in the Impacted Area and the Area of Undertaking: Prevent Disturbance – Prevent disturbance, exposure or re-suspension of contaminated sediment. Apply Design Making Process – All activities must be assessed based upon the application of the Decision Making Process and the following design criteria in decreasing order of priority: Relocate, Redesign and Remediate. Mitigate Impacts of Public Service and Utility Projects – Public service and utility projects that cannot be relocated or redesigned and may potentially disturb any sediment must have a mitigation plan that indicates how contaminated sediment will be removed, handled and disposed of in a safe and environmentally protective manner. Monitor and Mitigate Impacts of Emergency and Disaster Situations – When emergency and disaster situations occur in the Impacted Area, the impacts must be monitored and appropriate actions taken to mitigate further re-suspension of contaminated sediment. Proponent is Responsible for Costs – The proponent of any activity is responsible for all costs, including engineering reports and the removal, handling and disposal of contaminated sediment and for worker safety. Continue the Monitored Natural Recovery Process – The Lyon’s Creek East contaminated sediment has been undergoing a natural recovery process since it was deposited over 40 years ago. Monitored Natural Recovery is the preferred management option and ensures the continuation of this natural recovery process. Monitoring of Contaminated Sediment – It will take decades to effectively monitor and determine whether Monitored Natural Recovery is working. The protocol and the Decision Making Process must remain flexible to adapt to new information and circumstances.

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