Sydney Tar Ponds Agency

1 Inglis St.

Sydney, NS

B1P 6J7


August 18, 2008


Mr. Jerry Ryan

Chief Administrator

Cape Breton Regional Municipality

320 Esplanade Sydney, NS B1P7BG9


Dear Mr. Ryan:


Re: Proposed Wintering Cove Neighbourhood Park 


As per our recent discussions, the following are our concerns respecting the above mentioned:


As part of the environmental assessment process and the Environmental Impact Statement (EIS) completed by the project in 2005, the potential effects of the cleanup project on air quality and human health were assessed. The assessment of air emissions from the cleanup activities were calculated and compared to locations of nearby receptors in the community. The potential local community receptors were defined by the type of land uses of the surrounding areas. Of particular importance for these assessments are residential areas or areas frequented by children (schools, playgrounds, etc.). The residential areas of the North End of Sydney, near Ferry Street, were evaluated for any potential exposure to air emissions. We determined that these residential areas would not be exposed to significant air contaminants and the project did not pose a health risk to these residents.


If the proposed Wintering Cove Neighbourhood Park were to be developed prior to or during the cleanup, it would pose a number of concerns with respect to the assessment and implementation of the project.


Firstly, the area being proposed for the development of the park was not assessed in the EIS, as a potential receptor for air emissions from the project activities. The current use of this area includes either abandoned or infrequently used rail lines. This current land use does not create a concern with respect to exposure to air contaminants. If the park were to be developed, the air modeling and human health risk assessments for the cleanup project would have to be re-done. This effort would result in additional cost and delay for the project, until these studies were complete.


Secondly, additional studies would be required and would likely demonstrate that there would be unacceptable risks to users of this park, in particular, children. These unacceptable risks would have to be mitigated using one or both of the following two methods:


1} The solidification/stabilization activities in the areas adjacent to thee proposed park would have to be conducted within an enclosure that would contain the fugitive air emissions.

2) The solidification/stabilization activities in the areas adjacent to the proposed park would have to be conducted at night, under artificial lighting, when the park was not in use.


These additional mitigative options create the following concerns:


1) both of these options will result in unacceptable delays, as they require additional time to implement and to constract under these scenarios;

2) both of these options will result in increased costs for the project, both as a result of the implementation of additional measures and as a result of project delays;

3) both of these options create greater disturbances to the surrounding communities, due to increased construction time due to the delays, construction noise generated during nighttime hours and the requirement for intense construction lighting that would be required at night; and

4) project timelines require that the project be completed by 2014, which will be put at risk, due the delays outlined above.


Further, in order to support the construction activities on the South and North Ponds, it will be necessary to construct temporary access roads to allow access by construction vehicles. A temporary construction access road is required along the western shoreline of the ponds. This access road will require an additional 10-15 m of easement from the existing shorelines of the ponds, to allow safe vehicle passage. In addition, this temporary access read will require fencing on the western boundary, to ensure access to the worksite is controlled for the purposes of worker safety and the safety of the public. While the extents and boundaries of the proposed park development are unknown, there is a high probability that these boundaries may interfere with the temporary easement required for the cleanup, activities. As a minimum, these boundaries would be even closer, with an even further reduction in the project buffer zones for potential air emissions.


Any restrictions to the planned access required for the construction activities will result in project delays and additional costs, as alternate construction roads and access points are evaluated.


On a final note, when the STPA became aware of the development of the proposed park, a review of the North End Secondary Planning Strategy (May 16, 2006) was undertaken. This strategy specifically addresses these areas bordering the ponds, and describes them as being zoned as a "Redevelopment Opportunity" area. This strategy, which has had significant input from the community, describes this area as being dominated by the remediation activities and that residents are looking at the year 2024 as a timeline for future redevelopment of this area.


Policies 14-16 of this strategy govern this area and allow for park/recreational use, existing industrial use and residential use. The strategy also stipulates that residential development can only occur when remediation of the Tar Ponds is complete and after appropriate environmental assessments have been completed. The policy is consistent with what we perceived prior to our public review, and as such, we have developed, designed, scheduled and costed this project with this in mind.


In conclusion, allowing the development of a park, at this time, will create unnecessary delays and extra costs. The government partners requests that CBRM take whatever steps required to delay the construction of the playground until the project is completed. We also are prepared to supply the Wintering Cove Association access to a landscape architect to assist in the design of the playground, as well as provide reasonable funding to construct it.


Yours truly,


Gary Campbell

Executive Director, Operations

Transportation and Infrastructure Renewal

PMC Representative



Randy Vallis

Director

Public Works and Government

Services Canada

PMC Representative


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Cape Breton Regional Municipality

Jerry Ryan

Chief Administrative Officer


November 26. 2008


Kevin MacDonald, CEO

Sydney Tar Ponds Agency

1 Inglis Street

PO Box 1028, Stn. "A"

Sydney, Nova Scotia

B1P 6J7


Dear Kevin:


Re: Wintering Cove Neighbourhood Park


I received a letter dated August 18, 2008 co-signed by Gary Campbell and Randy Vallis requesting CBRM "take whatever steps are required to delay the construction of the playground until the project is completed".


In a follow-up email to Gary Campbell and Randy Vallis dated October 7, 2008 I inquired about the duration of this delay so that I could best inform the sponsor group when they could resume work on their project. By phone Mr. Vallis stated I should contact the Sydney Tar Ponds staff to attain this information; thus this letter to you.


I am prepared to send a letter to the Wintering Cove Nelghourhood Association indicating that completion of this project has to be delayed and I will provide them with a copy of the letter I received from Mr. Campbell and Mr. Vallis to justify this action, but I think it pertinent that I include a time period for this decision.


Once I receive this information I will forward the appropriate letter to this community organization.


Yours, truly,

Jerry Ryan

Chief Administrative Officer

:kms


C:        Mayor Morgan

            Councillor Tom Wilson

            David Darrow

            Gary Campbell

            Randy Vallis


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Sydney Tar Ponds Agency

1 Inglis St.

Sydney, NS

B1P 6J7


February 24, 2009


Mr. Jerry Ryan

Chief Administrative Officer

Cape Breton Regional Municipality

320 Esplanade

Sydney, NS B1P-7B9


Dear Jerry:


Re: Wintering Cove Neighborhood Park


Further to your letter of November 26, 2008, received December 3, 2008, I offer the following.


Work on the south tar pond is expected to begin near the end of March 2009 with construction of water pumping stations. The water diversion system is the first step in a phased approach for the overall remediation of the south and north tar ponds. In order to have controlled construction areas for work to begin, the brooks, Wash Brook and Coke Ovens Brook, must bypass the ponds entirely and be redirected away from the work sites.


As the remediation activity proceeds in the ponds, construction areas will be blocked off in three stages. The first stage is from Prince Street to Ferry Street Bridge; the second stage is from Ferry Street Bridge to the narrows of the north tar ponds; and the final stage is from the narrows to Battery Point Barrier located at the mouth of the creek. The design consists of temporary water pumping stations. The stations include pumps that draw in water and pipelines that move the water away from work areas.


The temporary pumping system will manage incoming water until a channel, which will be constructed within the solidified and stabilized sediment in the tar ponds, is complete. It's anticipated that in 2013, the channel will be ready to permanently direct water coming from the brooks to Sydney Harbour.


In October 2009, the Agency expects that work will begin on the solidification/stabilization of the north and south tar ponds. It's anticipated that mixing of cement and tar ponds sediment will begin at the tip of the South Pond closest to Prince Street. Work in the South Pond is expected to be completed in spring 2011.


We anticipate that as we move activities away from the South Pond and concentrate on the North Pond the concerns we have with activities related to any developments adjacent to the South Pond will diminish.


If you have any questions please do not hesitate to contact me.


Sincerely,


Kevin MacDonald, P. Eng.

CEO


cc: Corrie Stewart, Donnie Burke, Gary Campbell, Joan Muise, Joel MacLean


-----------------------------------------------------------------------------------------------


Cape Breton Regional Municipality

Jerry Ryan

Chief Administrative Officer


March 3, 2009


Kevin MacDonald, CEO

Sydney Tar Ponds Agency

1 Inglis Street

PO Box 1028, Stn. "A"

Sydney, Nova Scotia

B1P 6J7


Dear Kevin:


Re: Wintering Cove Neighbourhood Park


Thank you for your letter of February 24, 2009 and the construction timeline detail contained within; however the question is what period of time are you requesting that CBRM advise the proponents of this park project that they have to delay the required completion work. Are you suggesting it is the spring of 2011? Or are you suggesting the date is sometime in 2013?


I can't send them a letter requesting they delay a project without some reference to the extent of this delay.


Yours truly,


Jerry Ryan

Chief Administrative Officer

:kms


------------------------------------------------------------------------------------


Sydney Tar Ponds Agency


1 Inglis Street,

Sydney, Nova Scotia

B1P 6J7


March 18, 2009


Mr. Jerry Ryan

Chief Administrative Officer

Cape Breton Regional Municipality

320 Esplanade

Sydney, NS B1P-7B9


Dear Jerry:


Re: Your correspondence of March 3rd, 2009 received March 9, 2009 re Wintering Cove Neighborhood Park


Thank you for your response, Jerry.


As stated in mine to you of February 24, 2009, as we move activities away from the South Pond into the North Pond concerns regarding adjacent activities will diminish. To quantify this at this time with a date is difficult, as opposed to monitoring and evaluating as we move forward.


Based on the fact that the Environmental Impact Statement model run in 2005 did not include the proposed park as a receptor, there would be risk which would trigger a remodeling of the project air quality impacts. So at this point in time the most reasonable scenario would be to delay the construction of the park until the project is completed in March 2014.


However, we will monitor the data to determine if we can improve on this as we progress in the North Pond.


Kevin MacDonald, P. Eng.


CEO STPA

cc: Corrie Stewart, Donnie Burke, Gary Campbell, Joan Muise, Joel MacLean


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Cope Breton Regional Municipality

Jerry Ryan

Chief Administrative Officer


March 23, 2009


Mr. Hugh D. LeBlanc, President

Wintering Harbour Neighbourhood Association

44 Intercolonial Street

Sydney, Nova Scotia

B1P 1S6


Dear Mr. Leblanc:


Re: Wintering Cove Neighbourhood Association


Enclosed are copies of correspondence I received from various officials at the Sydney Tar Ponds Agency requesting that "CBRM take whatever steps required to delay the construction of the playground" until the remediation work has been completed in March 2014.


I have also enclosed copies of my letters to various officials at the Agency requesting clarification of the "delay date."


Given the position of the Tar Ponds Agency CBRM must respectfully withdraw its permission granted to your association to carry out final park construction work until after this Tar Ponds remediation project is completed.


I understand that your project has been approved for $18,000 of CBRM capital funding and that you have received $15,000 to date. Please be assured that the remaining $3,000 will be reserved, and forwarded to you once final work on this playground has been completed.


Should you wish to discuss the reasons and rationale for this delay I would suggest you contact the Sydney Tar Ponds Agency directly.


Yours truly,


Jerry Ryan

Chief Administrative Officer

:kms

Attach.

c:         Fred Brooks. Snr. Mgr. Recreation

            Kevin MacDonald, CEO STPA

            Our File 381


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Wintering Harbour Neighbourhood Association

44 Intercolonial Street

Sydney, N.S.

RIP 1S6


Tuesday, 7 April 2009


Jerry Ryan

Chief Administration Officer

Cape Breton Regional Municipality

320 Esplanade

Sydney, Nova Scotia

B1P7B9


Dear Mr. Ryan:


It is with great disappointment that our members are responding to your letter of 23 March 2009. This disappointment is two-fold: the first being the change of plans in which the Sydney Tar Ponds Agency is commencing their dealings with the tar ponds which are not consistent with the statements made at the review panel (project to be done "in situ", using augers, etc.). We find that the letter of 18 August 2008 is very inaccurate concerning our endeavors for a "green space". We were promised a "green space" between the construction site and the community of the North End. Failing that, the Sydney Tar Ponds Agency proceeded to clean up the cooling ponds. As a result, we commenced to provide a "green space'/park through our organization. "Wintering Harbour Neighbourhood Association", in association with CBRM Parks and Recreation, ACAP, Recreation Nova Scotia, Island Community Justice, and numerous business groups and generous individuals in the community.


On several occasions, the Sydney Tar Ponds Agency tried unsuccessfully to take over the park for the purpose of a viewing stand and parking lot. They stated that they would conduct bus tours through the park to view the work carried out on the Tar Ponds site. These were impromptu meetings. At our final meeting, we requested that Frank Potter put his intentions in writing so we would consider his proposal and try to work out a plan to accommodate him. To this date, we have not had a response from anyone from the Sydney Tar Ponds Agency. We applied for a position on the CLC, but were denied. Therefore, there was no communication between the Tar Ponds Agency and our organization, representing the local residents adjacent to the Tar Ponds. Also, the Sydney Tar Ponds Agency is making statements concerning a "playground". It was never our intention to build a playground. They are also questioning the boundaries of the park. We were dismayed that the Sydney Tar Ponds Agency did not read our park plan, approved by CBRM. Had they done so, they would have realized that the park consisted of 5.5 acres with defined borders and they would have realized there was no mention of a "playground" which they continually mention in their letters to you.


We are shocked that the area of our green space was not assessed in the EIS for a potential receptor for air emissions from the Tar Ponds project activities, due to the fact that it is land closest to the residents of the North End. In fact, it is only the other side of the streets (Dodd, Intercolonial, and Ferry Streets); this being the land on which the air monitoring station is housed.


Our second disappointment is the fact that you had information which was of utmost importance to our project dated 18 August 2008 and you did not divulge the information to us until 23 March 2009. Had we obtained this information immediately, we would have been able to plan accordingly. As much needed volunteers in the community and stakeholders, we believe that we should have been given the opportunity to work with the landscape artist and be the recipients of the funding offered to us by the Sydney Tar Ponds Agency. As it stands now, the community and CBRM has not acquired this funding. Our organization was not given the opportunity to acquire the funding for the park on behalf of the citizens of CBRM which was offered by the STPA in the letter addressed to you, dated 18 August 2008. We find this unacceptable, considering CBRM is in deficit to the tune of $100,000,000. We expect that you will take every measure possible to acquire these funds and have them deposited in our account, along with the monies remaining from our grant.


We request that these park lands be seeded and maintained in a proper fashion while construction is carried out on the tar ponds site during the period in which the park project is "on hold". Also, the property is not to be used for any other purpose than a "green space". As well, we request that a public notice be made concerning the closure of the park and the reasons behind this closure; namely concerns from the Sydney Tar Ponds Agency. Furthermore, the Tar Ponds Agency should be responsible for payment of our signage concerning the temporary closure of the park.


Sincerely,

Wintering Harbour Neighbourhood Association


P.S. In the various correspondences between the Sydney Tar Ponds Agency and yourself, our organization is being addressed as "Wintering Cove". We are registered with the Joint Stocks as "Wintering Harbour Neighbourhood Association".

Please reply to this letter as soon as possible, as we need to revise our plans immediately.


---------------------------------------------------------------------------------------------


Cape Breton Regional Municipality

Jerry Ryan

Chief Administrative Officer


April 23, 2009


Mr. Hugh D. LeBlanc, President

Wintering Harbour Neighbourhood Association

44 Interncoionial Street

Sydney, Nova Scotia

B1P 1S6


Dear Mr. LeBlanc:


Re: Wintering Harbour Neighbourhood Association


I acknowledge receipt of your letter which I received today requesting a response to same. The Sydney Tar Ponds and Coke Ovens project management, Mr. Gary Campbell and Mr. Randy Vallis, did indeed make a commitment in their letter addressed to me dated August 18, 2008 to supply your organization with a landscape architect to assist in the design of this park, as well as to provide reasonable funding. By copy of this letter I will request their CEO, Mr. Kevin MacOonald to confirm this commitment to you personally in writing.


CBRM has given its approval for you to use this property as a green space and indeed have provided and reserved capital funding totalling $18,000 which was awarded to your organization; rest assured that this property will be reserved for that purpose.


By copy of this letter I will also request the Sydney Tar Ponds Agency to give consideration to the temporary signage you are requesting be erected in this area.


Yours truly,


Jerry Ryan

Chief Administrative Officer

:kms

c:         Kevin MacDonald, w/attach