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John Pickernell

Applications Administration

Ontario Energy Board

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From: APAI [mailto:protectai@kos.net]
Sent: March-31-17 11:41 AM
To: paul.brown@invista.com
Cc: minister.moecc@ontario.ca; Hon. Kathryn McGarry; Mike Bossio; Mayor Bill Lowry; bill.thornton@ontario.ca; Paul Evans Dep. Min. MOECC; skiwala.mpp.co@liberal.ola.org; Randy Hillier MPP; Robert Maddocks; lkeech@lennox-addington.on.ca; commissioner@eco.on.ca; andrew.bevan@ontario.ca; Bruce Campbell; joanne.butler@ieso.ca; BoardSec; christine.wu@auditor.on.ca; todd.smith@pc.ola.org; rquaiff@pecounty.on.ca; orna.salmon@ontario.ca; Glen Thibeault; jeff.gentry@invista.com
Subject: Proposed Amherst Island Wind Project - Request to Withdraw CPU Amendment

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March 31, 2017

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Without prejudice

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By email to Mr. Joe Hendriks c/o Mr. Paul Brown Invista Canada Company

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Mr. Joe Hendriks

Director

Invista (Canada) Co.

Po Box 2100

455 Front Road

Kingston Ontario

K7L 4ZX

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Dear Mr. Hendriks

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Re;  Request to Withdraw CPU Amendment (EBR 012-0379)  Invista Lands on Bath Road in Loyalist Township

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The Association to Protect Amherst Island requests Invista Canada to withdraw its request for an amendment to the Certificate of Property Use for the contaminated lands on Bath Road to allow Windlectric Inc. to install a transmission line, undertake road improvements and use the property for a mainland dock for the Amherst Island Wind Project.

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Four factors inform this request:

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1. Water Emergency in Picton Bay at Picton Terminals

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As you may be aware a barge under contract to McKeil Marine and ultimately to Windlectric Inc. partially sunk in Picton Bay and created a drinking water emergency for County residents

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http://inquinte.ca/story/boil-water-advisory-issued-in-prince-edward-county

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Last evening Picton Terminals was closed to further aggregate deliveries to Amherst Island:

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http://www.quintenews.com/2017/03/aggregate-shipping-picton-bay-suspended/143666/

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An incident report has not yet been issued by the Coast Guard but County Mayor Robert Quaiff advised that the hole in the barge may have been caused by ice striking the hull of an old barge. Â

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Despite the emergency in Picton Bay, Windlectric continued to delivery aggregate on aging barges to Amherst Island this week and according to a "Marine Safety Plan" (attached) proposes to use tugs and barges during winter ice conditions to transport turbine parts, hazardous materials and personnel from the Invista Bath Road property to Amherst Island. Â

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Indeed an overloaded barge was unable to land at the Amherst Island dock.Â

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As identical circumstances exist in the North Channel of Lake Ontario between the Invista  lands and Amherst Island with potential impact on shore wells and public water intakes,  the risk to public and environmental safety of a comparable marine incident is unacceptable. Â

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2. Water Intake in Lake Ontario adjacent to Invista Lands

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Similar to the Picton Bay, Loyalist Township has a water intake in Lake Ontario to serve local industry in proximity to the Invistaproperty. Any marine incident involving a barge could impact this water intake as well as other Loyalist water supplies along the north shore of Lake Ontario.

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The "Marine Safety Plan" posted by Windlectric on March 27 2017 after the accident in Picton says that barges will be fuelled at the mainland dock on the Invista property contrary to past assurances from MOECC that no fuelling would take place at this location. No information is available about storage of fuel and other hazardous materials.

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3.  The risk of contamination of Lake Ontario

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The Association to Protect Amherst Island has submitted the attached engineering report prepared by XCG to MOECC describing the potential of contamination of Lake Ontario due to continuous trenching of the Invista property for a high voltage transmission line.

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The XCG Report concludes that the Application

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 “should not be approved in its current form, as it fails to address several key environmental risks. Without further information and details, it is impossible to conduct a full and proper assessment of these risks, and what mitigation measures (if any) might address them.” Given the deficiencies in the material provided by INVISTA, the only reasonable decision in these circumstances is for the director to deny approval of the Application – at the very least until further information is provided by INVISTA in order to remedy the major gaps identified above and inthe XCG Report.Â

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In addition, notwithstanding INVISTA’s attempt to frame its Application as a mere “administrative amendment”, it must be recognized that the stakes of allowing the work outlined in the Application to proceed are significant. Even on the incomplete state of the record, it is clear that the risks of soil and groundwater contamination are real. The consequences of such contamination are potentially disastrous, including discharge into Lake Ontario. This is simply not the type of decision that the director can reasonably make on the basis of an Application that is woefully incomplete.Â

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Accordingly, APAI respectfully requests that the Application be denied.Â

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4. Â Algonquin has sold part of Windlectric Inc.

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Algonquin Power no longer has a controlling interest in Windlectric and has sold half of the company so any assurance provided by Windlectric to Invista and to MOECC may no longer be in place.  Invista is encouraged to perform its own due diligence as Algonquin has declined to disclose information about new ownership.

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The risk to public and environmental safety is unacceptable. Liability rests with Invista as the applicant for the amendment to the CPU and the landowner.

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In the first few weeks of project construction Windlectric's lack of diligence has resulted in a power outage, a partially sunken barge, a fuel spill, and an emergency boil water advisory. Please withdraw the proposed amendment to the CPU before something more serious occurs. Â

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May we please meet to discuss this critical matter. You can reach me at HYPERLINK "mailto:protectai@kos.net"protectai@kos.net and I will be available at your convenience.

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Thank you for your immediate consideration.

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Sincerely

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Michèle Le Lay

PresidentÂ

Association to Protect Amherst Island

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CC

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Honourable Kathleen Wynne, Premier of Ontario

Honourable Glen Murray, Minister of the Environment and Climate Change

Honourable Kathryn McGarry, Minister of Natural Resources and Forestry

Honourable Glen Thibeault, Minister of Energy

Mr. Mike Bossio, MP

Mr. Randy Hillier, MPP

Mr. Todd Smith, MPP

Ms. Sophie Kiwala, MPP

Mr. Bill Lowry, Mayor, Loyalist Township

Mr. Robert Quaiff, Mayor, Prince Edward County

Mr. Andrew Bevan, Office of the Premier

Dr. Diane Saxe, Environmental Commissioner of Ontario

Mr. Bruce Campbell, CAO, IESO

Ms. Joanne Butler, VP, IESO

Ms. Kirsten Walli, Board Secretary, OEB

Mr. Paul Evans, MOECC

Mr. Bill Thornton, MNRF

Mr. Mansour Mahood, MOECC

Mr. James Mahoney, MOECC

Mr. Mohsen Keyvani, MOECC

Ms. Orna Salmon, Ontario Chief Drinking Water Inspector

Mr. Paul Brown, Invista Canada Company

Mr. Jeff Gentry, Invista Company