December 22, 1998

Brigadier General Hans Van Winkle
Co-Chair
International Niagara Board of Control

Dear General Van Winkle:

On December 9, 1998, the International Joint Commission received an application by the Buffalo and Fort Erie Public Bridge Authority, pursuant to the Boundary Waters Treaty of 1909, to approve the Peace Bridge Capacity Expansion Project. The original Peace Bridge was approved by the Commission in 1925. A copy of the application, along with a complete description of the proposed project, is enclosed.

On December 21, 1998, the Commission also received a reference from the governments of the United States and Canada to examine into and report upon matters concerning the proposed redevelopment and expansion of Ontario Hydro's water diversion facilities in the Niagara River. A copy of this reference is also enclosed.

The Commission requires the assistance of the Board both to review the application for the expansion of the Peace Bridge and to carry out the necessary studies under the reference regarding the expansion of Ontario Hydro's diversion facilities in the Niagara River.

With regard to the Peace Bridge application, the Commission would appreciate the Board's advice on the following matters:

  1. Will there be any changes in levels or flows of boundary waters from the project either during or after construction? If so, what are those changes likely to be and how will uses, including in stream uses, of boundary waters be affected? Are any mitigation measures warranted?
  2. Will the project affect water quality in the Niagara River either during or after construction? If so, should mitigation measures be considered?
  3. Will the project affect fish habitat either during or after construction? If so, how will fish populations likely be affected and what, if any, mitigation measures should be pursued?
  4. Are there any other matters the Commission should take into account in considering the application?

With regard to the reference, the Commission would appreciate the Board's advice on the following matters:

  1. Will the proposed redevelopment conform with the objectives recommended by the Commission in its 1953 report on the preservation and enhancement of Niagara Falls and subsequently adopted by the U.S. and Canadian governments? Will any changes to the structure or operation of the remedial works be required either during or after construction to conform with these objectives? Are any mitigation measures warranted?
  2. Will the project affect water quality in the Niagara River either during or after construction? If so, should mitigation measures be considered?
  3. Will the project affect fish habitat either during or after construction? If so, how will fish populations likely be affected and what, if any, mitigation measures should be pursued?
  4. Are there any other matters the Commission should take into account in responding to the reference?

The Commission wishes to note at this time the interrelationship between the two projects. Of particular concern to the Commission is the potential cumulative effect on levels and flows that would result from the concurrent placement of cofferdams associated with both projects for a considerable period of time. Given the uncertain schedules for the two projects and the Commission's desire to expedite its consideration of both, the Board is requested to consult with the proponents of both projects as soon as practicable to obtain the information necessary to determine the potential cumulative effect of the two projects. The Commission has asked the project proponents to make presentations at public hearings, and that these presentations include potential cumulative impacts.

A copy of the Commission's public notice, inviting public comment on the proposed projects in the Niagara River and providing information on the date and location of its public hearings, is attached.

The Commission requests a written status report on January 22, 1999, from the Board flagging any potential issues, in order that information can be made available to the proponents of the two projects and the public in advance of the public hearings. The Commission plans to post the status report on its website upon receipt. The Commission would also appreciate the Board's participation in the public hearings, including a presentation of its preliminary findings at that time regarding its review of all issues associated with both projects, including potential cumulative impacts.

A similar letter is being sent by the Canadian Secretary of the Commission to the Canadian Co-Chair of the Board.

Sincerely,

Gerald E. Galloway
Secretary
U.S. Section

cc: Messrs. Stephen F. Mayer and Clifford T. Elwood, Buffalo and Fort Erie Public Bridge Authority
Mr. Keith J. Harlock, De Leuw, Cather & Co. Of New York, Inc.
Mr. John Kangas, U.S. Secretary, International Niagara Board of Control

Enclosures:

  1. December 9, 1998, application regarding the Peace Bridge
  2. December 21, 1998, reference regarding the Ontario Hydro redevelopment
  3. Advance copy of media release