Bio-inventory and Riparian Area Assessment of PID 009-432 ... · Bio-inventory and Riparian Area...

Toth and Associates Environmental Services

6821 Harwood Drive, Lantzville, B.C. V0R 2H0 Tel: (250) 390-7602 E-mail: [email protected]

Bio-inventory and Riparian Area Assessment of

PID 009-432-892, Clark Drive, Lantzville, B.C.

Prepared for:

Lantzville Projects Ltd.

C/o Darwin Mahlum

1 - 3179 Barons Road

Nanaimo B.C. V9T 5W5

Prepared by:

S.P. Toth, AScT, R.P.Bio.

Toth and Associates Environmental Services

6821 Harwood Drive

Lantzville, B.C. V0R 2H0

August 14, 2019

ATTACHMENT #10

Toth and Associates Environmental Services i

TABLE OF CONTENTS

1.0 INTRODUCTION .............................................................................................................................. 1

1.1 Study Area ..................................................................................................................................... 1 1.2 District of Lantzville Development Permit Areas ......................................................................... 1 1.3 Development Proposal ................................................................................................................. 2

2.0 METHODS .......................................................................................................................................... 2

3.0 RESULTS ............................................................................................................................................ 2

3.1 Background Review ...................................................................................................................... 2 3.2 District of Lantzville Development Permit Area Guidelines ........................................................ 3 3.3 Field Assessment ........................................................................................................................... 5

3.3.1 Shrub / herb dominated scrubland ......................................................................................... 5 3.3.2 Former conifer nursery / tree farm ........................................................................................ 6 3.3.3 Black cottonwood / red alder dominated Pole / Sapling Forest............................................. 7 3.3.4 Mixed Mature Forest ............................................................................................................. 7

3.4 Water Features ............................................................................................................................... 8 3.4.1 Wildlife ................................................................................................................................ 10

4.0 DISCUSSION .................................................................................................................................... 11

5.0 RECOMMENDATIONS ................................................................................................................. 11

6.0 REFERENCES ................................................................................................................................. 13

LIST OF TABLES

Table 1. List of potential rare animal species ................................................................................. 3

Table 3. Wildlife species documented on the property ................................................................ 10 Table 4. Planting Criteria and recommended native tree and shrub species for restoration of fish

and wildlife habitat ........................................................................................................................ 12

LIST OF FIGURES

Figure 1. September 2017 air photo with forest cover polygons and water features on the subject

property ........................................................................................................................................... 9 Figure 2. Proposed Site Plan ........................................................................................................ 19

Figure 3. 2018 air photo of the subject property with drainage features and setbacks ................ 20 Figure 4. Watercourse setbacks with proposed development plan overlay ................................. 23

APPENDIXES

Appendix 1. Riparian Area Assessment Report ............................................................................ 14

Bio-inventory and Riparian Area Assessment of PID 009432892, Clark Drive, Lantzville, B.C.

Toth and Associates Environmental Services 1

1.0 Introduction

Toth and Associates Environmental Services were retained by Lantzville Projects Ltd. to conduct a

bio-inventory and Riparian Areas Regulation (RAR) Assessment of the property legally described

as: that part of Section 7, Wellington District lying to the north of the E+N Railway as shown in red

on Plan deposited under DD9186, except that part in plans 26447, 27223, VIP59334, VIP64122 and

VIP65800 (PID 009432892), Lantzville, B.C. The subject property is located in the Upper

Lantzville area southeast of the Highway 19A / Ware Road intersection, between the E+N Railway

in the south and Blackjack Drive in the north. Access to the north end is provided by Clark Drive,

and Alger Road is located along the southeast side. The total size of the property is approximately

13.2 hectares (32.7 acres).

A Riparian Area Assessment of the property was conducted according to the provincial RAR

Assessment Methods. The RAR Assessment report is included as Appendix 1.

The objectives of this environmental assessment were to:

Determine Streamside Protection and Enhancement Area (SPEA) setbacks for Bloods Creek

according to the RAR’s Detailed Assessment methods

Inventory and classify wildlife habitats, significant features and plant communities on the

property;

Compile lists of plant and wildlife species and plant communities that occur or have the

potential to occur on the property;

Produce a report and study area map detailing the results of the study; and

Provide recommendations for retention, mitigation and compensation of significant features,

for consideration in the final design.

The area of the property located outside the Watercourse Protection Development Permit Area on

the property was cleared in February 2018.

1.1 Study Area

At the time of the original June 2009 field surveys the area of the property located above the top of

Bloods Creek ravine bank consisted primarily of uniform deciduous Pole / Sapling stage second

growth forest and scrubland typical of previously cleared areas, with an overall north aspect and

gentle grades. Forest cover changed abruptly to mixed Mature Forest below the top of ravine bank

along the north side of the property.

1.2 District of Lantzville Development Permit Areas

Map No. 4 of the District of Lantzville Official Community Plan (OCP) Bylaw No. 150, 2019

indicates the subject property is within the Upper Lantzville Ware Road Special Plan Area. Map

No. 9 of the OCP identifies Bloods Creek and a tributary to Blood’s Creek on the subject property

as a Watercourse Protection Development Permit Area.



1.3 Development Proposal

The proposed development plan includes preservation of all of the area below the top of ravine

bank of Bloods Creek Ravine and an additional area within 15 m of the top of ravine bank on the

property.

2.0 Methods

Survey methods included those outlined in the provincial Riparian Areas Regulation’s Assessment

Methods, Environmental Objectives, Best Management Practices and Requirements for Land

Developments (MELP 2001), Develop With Care - Environmental Best Management Practices for

Urban and Rural Land Development in British Columbia (March 2006), District of Lantzville

Development Permit Area Guidelines and the Field Manual for Describing Terrestrial Ecosystems

(LMH #25 MELP, MOF 1998).

Habitat values were assessed throughout the property. Physiographic feature descriptions included

estimates of slope gradient (Abney level), aspect (GPS); slope position; slope shape (visual

estimate); micro-topography (visual estimate); surface drainage and exposure.

Species of vascular plants and bryophytes occurring on the property were recorded and cover

classes based on visual estimates were assigned to each species. Total cover for each stratum, as

described in Land Management Handbook No. 25 (MOF 1998), were recorded.

Forest community composition and structure was qualitatively assessed to determine the suitability

in providing habitat features of value to known or potential wildlife species. Habitat features

assessed during the inventory included: wildlife trees, veteran trees, horizontal and vertical

structure, coarse woody debris, forage abundance and availability; and special features (nest sites,

etc.).

Additional features described for each site included: wind damage; evidence of fire and historic

development; susceptibility to wind damage; geologic features; surface water features; and drainage

patterns.

Features within the study area were identified using a Garmin GPS Map 60CsX handheld Global

Positioning System.

3.0 Results

3.1 Background Review

The B.C. Conservation Data Centre’s map site was reviewed to provide documented occurrences of

rare species in the Lantzville area. The only documented occurrence was for blue-listed (special

concern) water marigold (Megalodonta beckii var. beckii), a lacustrine or marsh plant species in the

vicinity of Green Lake (Occurrence ID 1774). As Bloods Creek flows from Green Lake, there was

some potential for this species to be present on the property. However, as of April 2019 this species

was removed from the blue list and the record for Green Lake is no longer available.



The B.C. Species and Ecosystems Explorer search for red and blue-listed species identified 61

animal species, 27 plant species, and 46 ecological communities. The search was restricted to the

Coastal Douglas fir biogeoclimatic zone occurring within the Regional District of Nanaimo area of

the South Island Forest District.

The list of animal species was refined by excluding those species known not to occur within the

study area based on known limits of distribution, specific habitat requirements (e.g. marine

environments, Garry Oak ecosystems) or extirpation. The refined list included 10 species with

potential to occur within the general area of the study area (Table 1).

Table 1. List of potential rare animal species

Scientific Name English Name COSEWIC BC List

Anaxyrus boreas Western Toad SC (Nov 2012) Yellow

Aneides vagrans Wandering Salamander SC (May 2014) Blue

Ardea herodias fannini Great Blue Heron, fannini subspecies SC (Mar 2008) Blue

Contopus cooperi Olive-sided Flycatcher SC (May 2018) Blue

Euphyes vestris Dun Skipper T (Apr 2013) Red

Megascops kennicottii kennicottii Western Screech-Owl, kennicottii subspecies T (May 2012) Blue

Myotis lucifugus Little Brown Myotis E (Nov 2013) Yellow

Oncorhynchus clarkii clarkii Cutthroat Trout, clarkii subspecies Blue

Patagioenas fasciata Band-tailed Pigeon SC (Nov 2008) Blue

Rana aurora Northern Red-legged Frog SC (May 2015) Blue

The list of plant species was refined to exclude those species with known limits of distribution or

habitat requirements not found within the study area. The refined list included did not include any

potential rare plant species.

The list of potential rare ecological communities was refined to exclude those communities with

known limits of distribution. No potential rare ecological communities were identified for the

property.

The Sensitive Ecosystem Inventory of Vancouver Island and the Gulf Islands did not identify any

sensitive ecosystems on the property. The BC Wetlands Atlas did not identify any wetlands on the

property. The BC Great Blue Heron Management Team Atlas and BC Wildlife Tree Stewardship

Atlas did not identify any Great Blue Heron or Bald Eagle nests on or adjacent to the property.

3.2 District of Lantzville Development Permit Area Guidelines

Section 11.3.1 of the District of Lantzville Official Community Plan Bylaw (No. 150, 2019)

indicates that the Watercourse Protection (DPA 1) area applies to “all land within a distance of 30

m from top of bank for all watercourses, streams, brooks, creeks, and wetlands, including, but not

limited to Knarston, Bloods, Hardy, Metral, Heikkila, Raines, Caillet, and Jepson Creeks, Copley

Brook and wetland, and Doumont Marsh”.



The DPA Guidelines contained in Section 11.3.3 of the OCP indicate that a development permit

must be applied for, and issued by the District of Lantzville, prior to any of the following activities:

removal, alteration, disruption, or destruction of vegetation;

disturbance of soils;

construction or erection of buildings and structures;

creation of non-structural impervious or semi-impervious surfaces;

flood protection works;

construction of roads, trails, docks, retaining walls, wharves, and bridges;

provision and maintenance of sewer and water services;

development of drainage systems;

development of utility corridors; and

subdivision as defined in Section 455 of the Local Government Act.

Prior to undertaking any of the development activities listed above, an owner of property within the

Watercourse Protection Development Permit Area shall apply to the District of Lantzville for a

development permit, and the application shall meet the following guidelines:

a) A qualified environmental professional (QEP) will be retained at the expense of the applicant,

for the purpose of preparing a report on the riparian area pursuant to the RAR Assessment

Methodology guidebook. The report will be submitted to the Ministry of Forests, Lands,

Natural Resource Operations and Rural Development and the District of Lantzville.

b) Where the QEP report describes an area designated as Streamside Protection and Enhancement

Area (SPEA), the development permit will not allow any development activities to take place

therein, and the owner will be required to provide a plan for protecting the SPEA over the long

term through measures to be implemented as a condition of the development permit, such as:

a dedication back to the Crown or the District of Lantzville,

gifting to a nature protection organization (tax receipts may be issued), or

the registration of a restrictive covenant or conservation covenant over the SPEA

confirming its long-term availability as a riparian buffer to remain free of development.

c) Where the QEP report describes an area as suitable for development with special mitigating

measures, the development permit will only allow the development to occur in strict compliance

with the measures described in the report.

d) Monitoring and regular reporting by professionals paid for by the applicant may be required, as

specified in a development permit.

e) If the nature of a proposed project in a riparian assessment area evolves due to new information

or some other change, the QEP will be required to re-assess the proposal with respect to the

SPEA.

f) Wherever possible, QEPs are encouraged to exceed the minimum standards set out in the RAR

in their reports.

Where possible, development or alteration should be planned to avoid intrusion into DPA 1 areas

and to minimize the impact of any activity on these areas.

Development Permit applications should include a report prepared by a qualified professional

outlining the following information:



detailed site plan (1:250 or larger) identifying the environmentally sensitive area within the site;

criteria used to define the boundaries of the environmentally sensitive area;

inventory of fisheries species and related habitat;

impact statement describing effects of proposed development on natural conditions;

procedures for protection of riparian areas and habitat during construction;

guidelines for mitigating habitat degradation including limits of proposed leave areas;

habitat compensation alternatives, where compensation is approved.

Development Permit applications should include a vegetation management plan indicating the

extent of proposed buffer areas and the proposed management of vegetation in these areas.

Based on the bio-physical assessment of the site within the DPA, works or protective measures,

such as the planting or retention of trees or vegetation, may be required to preserve, protect, restore,

or enhance natural watercourses, fish habitat, or riparian areas

3.3 Field Assessment

Terrestrial field surveys were conducted on June 22, 2009 and a RAR Assessment was conducted

on June 29, 2009. Additional field surveys were conducted on March 6, 2014 and February 2,

2018. Sample site locations and all features within the study area were identified using a Garmin

Map60CSx handheld Global Positioning System (GPS). The survey track log indicated that 11.81

km of survey effort was completed on the property.

The forest cover polygons that occurred on the property prior to the land clearing in February 2018

are indicated on Figure 1. The forested sections of the property consisted of five broad ecotypes

including:

1. Shrub / herb dominated scrubland

2. Former conifer nursery / tree farm

3. Black cottonwood / red alder dominated Pole/Sapling Forest

4. Mixed Western redcedar dominant Mature Forest

5. Mixed Douglas-fir Young Forest

3.3.1 Shrub / herb dominated scrubland

The deciduous shrub and invasive herbaceous species dominated area (Photograph 1) was located at

the southeast end of the property. This area was primarily comprised of Himalayan blackberry,

thistle, scotch broom, reed canary grass, Nootka rose, and thimbleberry. Minor components of

ocean spray and salmonberry were also noted. Herbaceous species development included trailing

blackberry, vetch, oxeye daisy, bracken fern, grasses, sedges, thistle, and other introduced invasive

plants. Coarse woody debris and snags were non-existent. This shrub stage ecotype had formed as

a result of disturbance history. The site series was not identifiable due to the history of disturbance.



Photograph 1. View of shrub scrubland with pole-sapling forest on left.

3.3.2 Former conifer nursery / tree farm

This small area in the eastern portion of the property consisted of relatively closely stocked cultured

conifers (Photograph 2) including various exotic spruce and pine. Herb and shrub layers were

poorly developed due to the dense canopy.

Photograph 2. View of south edge of conifer nursery.



3.3.3 Black cottonwood / red alder dominated Pole / Sapling Forest

The deciduous pole-sapling forest occupied most of the area located above the top of ravine bank

on the property. Past land clearing, grubbing, grading, road building and drainage ditch

construction had resulted in a monotype plant community consisting predominantly of black

cottonwood and red alder (Photograph 3). Large coarse woody debris (CWD) and snags were rare

and overall habitat complexity was low. Black cottonwood is the dominant canopy layer with the

sub-canopy dominated by red alder. Low densities of willow, western redcedar, cascara, bitter

cherry, Douglas-fir, grand-fir and big-leaf maple were also present in the sub-canopy and as

seedlings. Significant “self-thinning” of trees had occurred between the 2009 and 2014 surveys,

resulting in high numbers of dead, downed small diameter CWD on the forest floor. The well

developed shrub layer generally consisted of salmonberry, thimbleberry, trailing blackberry and red

elderberry with invasive plant species such as spurge laurel, Himalayan blackberry and holly. Herb

layers were also well developed with bedstraw, wall lettuce, self-heal, broad-leaved starflower,

sword fern, Pacific bleeding heart, fringecup, slough sedge, western trillium, wood rush, bracken

fern, woodland strawberry and creeping buttercup.

Photograph 3. View of the red alder pole-sapling plant community on the property.

3.3.4 Mixed Mature Forest

The mixed Mature Forest is limited to the steep side slopes and area below the top of ravine bank of

Bloods Creek ravine (Photograph 4). The forest cover is dominated by mature western redcedar,

with western hemlock, bigleaf maple, red alder, and Douglas-fir. Shrub layer development was

variable and patchy, depending on crown closure. In open streamside areas salmonberry and

Pacific ninebark dominated in patches. Herb layer development and distribution was patchy with



sword fern, lady fern, skunk cabbage, spiny wood fern, Cooley’s hedge-nettle, horsetail, wall

lettuce, creeping buttercup, and enchanter’s-nightshade. Coarse woody debris and snags were

common. Overall habitat complexity was high.

Photograph 4. View of Bloods Creek ravine.

3.4 Water Features

The main water feature on the property is Bloods Creek (Figure1). Bloods Creek flows from Green

Lake, entering the ocean east of the north end of Oar Road in Lower Lantzville. Bloods Creek is

fish-bearing with small populations of cutthroat trout and coho salmon. Cutthroat trout fry, three-

spine stickleback and introduced pumpkinseed were observed in isolated pools through the length

of Bloods Creek surveyed on the property. The majority of the stream channel through the property

was dry at the time of survey. Overall instream fish habitat quality was poor with few large over-

summering pools, frequent debris jams and seasonal barriers to upstream fish passage. Riparian

habitat quality was good, with mature forests and intact riparian function. Exceptions were noted

with several intrusions into the setbacks by residences adjacent to the north side of the property.

Frequent occurrences of plastic, rubber, lumber, yard waste and other rubbish were noted in the

stream channel. The high water mark of the south bank of Bloods Creek was flagged with pink

flagging tape at approximate 10 m intervals.

Three old ditches were noted on the property running south to north across the black cottonwood /

red alder areas and draining to Bloods Creek ravine. The largest of these ditches is located in the

centre of the property and carries water from a stormwater retention pond on Hase Place, south of

the E+N Railway, north across the property (Figure 1).

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3.4.1 Wildlife

The surveyor recorded all wildlife utilization (Table 3) evidence including direct

observations, vocalizations, tracks, game trails, scat, browsed and grazed vegetation,

bones, feathers, nests, nest cavities and woodpecker holes. Utilization of forest types and

special habitat features by wildlife was deduced from an analysis of habitat features, and

observations and evidence of utilization.

Observations of bird species during the surveys indicated relatively moderate species

diversity and numbers of birds. No evidence of raptor or heron breeding use of the

property was found. Bird species observed on the property included common resident

and migratory songbirds. Spotted towhee, chestnut-backed chickadee, winter wren,

common raven, American robin, northwestern crow, bushtit, brown creeper, northern

flicker, rufous hummingbird, western flycatcher, pileated woodpecker, hairy woodpecker,

California quail, red-breasted nuthatch, cedar waxwings, Swainson’s thrush, and dark-

eyed junco were observed. Inactive nests of northwestern crow and American robin were

noted.

Evidence of use by mammals included limited use by black-tailed deer, black bear,

raccoon, eastern cottontail, and red squirrel.

Herptiles noted during the survey included pacific treefrog, red-legged frog, garter snake

and rough-skinned newt. Fish species noted within isolated pools of Bloods Creek

included three-spine stickleback, pumpkinseed, and cutthroat trout.

Table 2. Wildlife species documented on the property

Species

Scientific Name

Status

Mammals

Black-tailed deer Odocoileus hemionus columbianus

Red squirrel Tamiasciurus hudsonicus

Raccoon Procyon lotor

Black bear Ursus americanus vancouveri

Eastern cottontail Sylvilagus floridanus

Birds

Cedar waxwing Bombycilla cedrorum

California quail Callipepla califonica

Brown creeper Certhia familiaris

Northern flicker Colaptes nauratus

Northwestern crow Corvus caurinus

Common raven Corvus corax

Steller’s Jay Cyanocitta stelleri

Pileated woodpecker Dryocopus pileatus

Pacific slope flycatcher Empidonax difficilis

Swainson’s thrush Hylochichla ustulata

Dark-eyed junco Junco hyemalis

Chestnut-backed chickadee Parus rufescens



Species

Scientific Name

Status

Hairy woodpecker Picoides villosus

Spotted towhee Pipilo erythropthalmus

Rufous hummingbird Selaphorus rufus

Red-breasted nuthatch Sitta canadensis

Winter wren Troglodytes troglodytes

Robin Turdus migratorius

Herptiles

Pacific treefrog Hyla regilla

Red-legged frog Rana aurora Blue

Rough-skinned newt Taricha granulosum

Common garter snake Thamnophis sirtalis fitchi

4.0 Discussion

The subject property for the most part represented a typical previously logged and cleared

parcel with early successional stages of shrubs, grasses and dense stands of fast growing

deciduous species such as black cottonwood and red alder. Wildlife species diversity

observed on the property was moderately low for the Nanaimo area. We attribute the low

diversity to several factors including a lack of overall habitat diversity due to the even

aged pole/sapling forest dominating most of the property, lack of topographic

complexity, lack of large coarse woody debris on the forest floor and a lack of snags.

The area of greatest significance to wildlife on the property is the ravine of Bloods Creek.

This area consists of mature mixed forest, contains fisheries values and provides a

wildlife corridor; an attribute that will likely increase in significance following

development of the property.

The majority of natural features on the property that could be considered sensitive to

development are associated with the riparian area of Bloods Creek. Although the results

of the detailed RAR assessment (Appendix 1) have indicated that the setback

requirements are 10.2 m from the high water mark of Bloods Creek, it is our

understanding that the developer intends to extend the setbacks to 15 m beyond the top of

ravine bank on Bloods Creek. These setbacks should encompass any geo-technical issues

associated with the steep side slopes of Bloods Creek ravine and protect the relatively

high wildlife values associated with the mature forest cover in this area.

Red-legged frogs were the only threatened species documented on the property. Red-

legged frogs dwell within moist forests and riparian areas, and require seasonally wetted

areas for breeding.

5.0 Recommendations



Where feasible, and where no hazards are assessed based on an evaluation by a Certified

Arborist, preservation of significant sized trees and an area of native vegetation equal to

or greater than the drip line of the trees is recommended. Significant sized trees were

primarily located along the top of ravine bank of Bloods Creek with scattered small

clusters or individual trees throughout the pole-sapling polygons.

Any trail networks within the vicinity of the proposed Bloods Creek watercourse setbacks

will need to be designed and located such that they do not create undue stress or

disturbance to wildlife. Trails should avoid areas of dense bush to allow use of these

areas by wildlife for security, thermal, or nesting cover. Trail building should not occur

within the 10.2 m setback required by the RAR or on slopes >3:1.

A hazard tree assessment, trailway plan, stormwater management plan and construction

environmental management plan should be developed prior to any physical development

of the property.

We recommend that landscaping plans for development of the property include a high

percentage of native plant species. Suitable plant species are indicated in Table 4.

Table 3. Planting Criteria and recommended native tree and shrub species for restoration

of fish and wildlife habitat Common name Scientific name Mature height

(m)

Best Growth

conditions

Trees

Bigleaf maple Acer macrophyllum to 35 d-m

Red alder Alnus rubra to 25 m

Black hawthorn Crataegus douglasii to 10 m

Pacific crabapple * Malus fusca 2-12 m-w

Black cottonwood Populus. trichocarpa to 50 m-w

Bitter cherry * Prunus emarginata 2-15 m

Cascara * Rhamnus purshiana to 10 d-w

Pacific willow Salix lucida ssp. lasiandra to 12 w

European mountain ash * Sorbus aucuparia2 To 18 m-d

Sitka spruce Picea sitchensis to 70 m

Western white pine Pinus monticola to 40 m-d

Douglas-fir Pseudotsuga menziesii to 70 d

Western red cedar Thuja plicata to 60 m-w

Western hemlock Tsuga heterophylla To 60 d-w

Shrubs

Saskatoon * Amelanchier alnifolia 1-5 d-m

Red-osier dogwood * Cornus stolonifera 1-6 m

Beaked hazelnut * Corylus cornuta var. californica 1-4 m

Oceanspray Holodiscus discolor to 4 d-m

Pacific ninebark Physocarpus capitatus to 4 w

Nootka rose * Rosa nutkana to 3 d-m

Thimbleberry * Rubus parviflorus 0.5-3 m

Salmonberry * Rubus spectabilis to 4 m-w

Hooker's willow Salix hookeriana to 6 w

Scouler's willow Salix scouleriana 2-12 m

Sitka willow Salix sitchensis 1-8 m-w

Red elderberry * Sambucus racemosa to 6 m



Snowberry * Symphoricarpos albus 0.5-2 d-m

Red huckleberry * Vaccinium parvifolium to 4 m

d = dry, m = moist, w = wet, * = fruit-bearing species

6.0 References

B.C. Ministry of Environment, Lands and Parks, B.C. Ministry of Forests. 1998. Field Manual

for Describing Terrestrial Ecosystems, Land Management Handbook No. 25. 214 pp.

B.C. Conservation Data Centre. 2019. BC Species and Ecosystems Explorer. B.C. Ministry of

Environment, Victoria B.C. Available: http://a100.gov.bc.ca/pub/eswp/ (accessed August

2019).

BC Conservation Data Centre: Conservation Data Centre Mapping Service [web application].

2019. Victoria, British Columbia, Canada (accessed August 2019).

B.C. Ministry of Environment. Develop with Care 2014: Environmental Guidelines for Urban

and Rural Land Development in British Columbia.

Campbell, R. W., N. K. Dawe, I. McTaggart-cowan, J. M. Cooper, G. W. Kaiser, M. C. E.

Mcnall. 1990. The Birds of British Columbia. Volume Two: Nonpasserines, Diurnal

Birds of Prey through Woodpeckers. 636 pp.

Chillbeck, B. 1992. Land Development Guidelines for the Protection of Aquatic Habitat.

Department of Fisheries and Oceans Canada. http://www.dfo-

mpo.gc.ca/Library/165353.pdf

District of Lantzville Official Community Plan, Bylaw No. 150, 2019.

Demarchi, D. 1996. An introduction to the ecoregions of British Columbia. MELP, Wildlife

Branch. Victoria, B.C. 46 pp + appendices.

Green, D.M. and R.W. Campbell. 1984. The Amphibians of British Columbia. Royal British

Columbia Museum Handbook No. 45. Victoria, B.C. 100 pp.

Green, R.N. and K. Klinka. 1994. A field guide for site identification and interpretation for the

Vancouver Forest Region. Land Management Handbook Number 28. BC Ministry of

Forests. Victoria, B.C. 285 pp.

Luttmerding, H.A., D.A. Demarchi, E.C. Lea, D.V. Meidinger and T. Vold. 1990. Describing

Ecosystems in the Field, Second Edition. BC Ministry of Environment, Lands and Parks,

BC Ministry of Forests. Victoria, B.C. 213 pp.

Meidinger, D. and J. Pojar. 1991. Ecosystems of British Columbia. BC Ministry of Forests.

Victoria, B.C. 330 pp.

Stevens, V. 1995. Wildlife Diversity in British Columbia: Distribution and habitat use of

amphibians, reptiles, birds and mammals in Biogeoclimatic Zones. Res. Br., BC Min.

For., Wildl. Br., B.C. Min. Environ., Lands and Parks. Victoria, B.C. Work Pap. 04/1995.

http://a100.gov.bc.ca/pub/eswp/

http://www.dfo-mpo.gc.ca/Library/165353.pdf

http://www.dfo-mpo.gc.ca/Library/165353.pdf



Appendix 1. Riparian Area Assessment Report Riparian Areas Regulation: Assessment Report Please refer to submission instructions and assessment report guidelines when completing this report.

Date August 13, 2019

I. Primary QEP Information

First Name Steve Middle Name

Last Name Toth

Designation R.P.Bio Company Toth and Associates Environmental Services Registration # 1788 Email : [email protected]

Address 6821 Harwood Drive

City Lantzville Postal/Zip V0R 2H0 Phone # 250-390-7602

Prov/state BC Country Canada

III. Developer Information

First Name Darwin Middle Name

Last Name Mahlum

Company Lantzville Projects Ltd.

Phone # 250-760-1066 Email [email protected]

Address 1-3179 Barons Road

City Nanaimo Postal/Zip V9T 5W5 Prov/state BC Country Canada

IV. Development Information

Development Type Subdivision

Area of Development (ha) 13.2 Riparian Length (m) 750

Lot Area (ha) 13.2 Nature of Development New

Proposed Start Date 2019-10-01 Proposed End Date 2020-12-31

V. Location of Proposed Development

Street Address (or nearest town) Lantzville

Local Government District of Lantzville City Lantzville

Stream Name Bloods Creek Legal Description (PID) 009-432-892 Region Vancouver Island

Stream/River Type Stream DFO Area South Coast

Watershed Code 920-415900

Latitude 49 14 25 Longitude 124 4 21

mailto:[email protected]

mailto:[email protected]

Form 3 Detailed Assessment Form Riparian Areas Regulation - Qualified Environmental Professional - Assessment Report


Table of Contents for Assessment Report

I. Primary QEP Information ............................................................................................................... 14

III. Developer Information ................................................................................................................. 14

IV. Development Information ............................................................................................................ 14

V. Location of Proposed Development .............................................................................................. 14

Section 1. Riparian Areas Regulation Detailed Assessment of Bloods Creek on PID# 009-432-892,

Lantzville. ........................................................................................................................................... 16

1.1 Introduction.............................................................................................................................. 16

1.2 Development Proposal ............................................................................................................. 16

1.3 Description of Fisheries Resource ........................................................................................... 16

1.4 District of Lantzville Development Permit Area Guidelines .................................................. 17

1.5 Streamside Protection and Enhancement Area (SPEA) Setbacks .......................................... 18

Section 2. Results of Detailed Riparian Assessment .......................................................................... 21

Section 4. Measures to Protect and Maintain the SPEA ................................................................... 24

Section 5. Environmental Monitoring ................................................................................................ 25

Section 6. Photos ................................................................................................................................ 25

Section 7. Professional Opinion ......................................................................................................... 31

Index of Figures

Figure 1. Proposed Site Plan ............................................................................................................. 19

Figure 2. 2018 air photo of the subject property with drainage features and setbacks ..................... 20

Figure 3. Watercourse setbacks with proposed development plan overlay ...................................... 23

Index of Photographs

Photograph 1. June 29, 2009. View upstream of perched and badly corroded culvert under Alger Road. .. 25

Photograph 2. View of Blood’s Creek ravine – note exposed soils and banana trunked trees. .................... 26

Photograph 3. View of isolated pool at downstream end of Alger Road culvert. ......................................... 26

Photograph 4. View of isolated pool below partial barrier to upstream fish passage. .................................. 27

Photograph 5. View of dry channel. .............................................................................................................. 27

Photograph 6. View of isolated pool and dry channel .................................................................................. 28

Photograph 7. March 6, 2014. View of discharge from culvert at E&N trailway onto subject property. ... 28

Photograph 8. View downstream on drainage ditch through the property. ................................................... 29

Photograph 9. March 6, 2014. View of ditch discharge over the top of ravine bank................................... 29

Photograph 10. March 6, 2014. View from top of ravine bank to ditch connection at Blood Creek. .......... 30



Section 1. Riparian Areas Regulation Detailed Assessment of Bloods Creek on PID#

009-432-892, Lantzville.

1.1 Introduction

Toth and Associates Environmental Services were retained by Lantzville Projects Ltd. to conduct a bio-

inventory and a Detailed Riparian Areas Regulation (RAR) Assessment of Section 7, Wellington District

lying to the north of the E+N Railway, except that part in plans 26447, 27223, VIP59334, VIP64122 and

VIP65800 (PID 009-432-892), Lantzville, B.C. The subject property is located in the Upper Lantzville

area southeast of the Highway 19A / Ware Road intersection, between the E+N Railway in the south and

Blackjack Drive in the north. Access to the north end is provided by Clark Drive, and Alger Road is

located along the southeast side. The total size of the property is approximately 13.2 hectares (32.7 acres).

Map No. 4 of the District of Lantzville Official Community Plan (OCP) Bylaw No. 150, 2019 indicates the

subject property is within the Upper Lantzville Ware Road Special Plan Area. Map No. 9 of the OCP

identifies Bloods Creek and a tributary to Blood’s Creek on the subject property as a Watercourse

Protection Development Permit Area.

The RAR Assessment was conducted on June 29, 2009. Additional field surveys were conducted on

March 6, 2014 and February 2, 2018.

1.2 Development Proposal

The proposed development plan for the subject property includes subdivision (Figure 1). The subject property

is currently undeveloped.

The proposed development plan includes preservation of all of the area below the top of ravine bank of

Bloods Creek Ravine and an additional area within 15 m of the top of ravine bank on the property.

1.3 Description of Fisheries Resource

The main water feature on the property is Bloods Creek (Figure 2). Bloods Creek flows from Green Lake,

entering the ocean east of the north end of Oar Road in Lower Lantzville. Bloods Creek is fish-bearing

with small populations of cutthroat trout and coho salmon. Cutthroat trout fry, three-spine stickleback and

introduced pumpkinseed were observed in isolated pools through the length of Bloods Creek surveyed on

the property. The majority of the stream channel through the property was dry at the time of survey.

Overall instream fish habitat quality was poor with few large over-summering pools, frequent debris jams

and seasonal barriers to upstream fish passage. Riparian habitat quality was good, with mature forests and

intact riparian function. Exceptions were noted with several intrusions into the setbacks by residences

adjacent to the north side of the property. Frequent occurrences of plastic, rubber, lumber, yard waste and

other rubbish were noted in the stream channel. The high water mark of the south bank of Bloods Creek

was flagged with pink flagging tape at approximate 10 m intervals.

Three old ditches were noted on the property running south to north across the black cottonwood / red alder

areas and draining to Bloods Creek ravine. The largest of these ditches is located in the centre of the

property and carries water from a stormwater retention pond on Hase Place, south of the E+N Railway,



north across the property (Figure 2). The two smaller ditches go to ground at the toe of ravine slope and do

not connect directly by surface channels with Bloods Creek.

1.4 District of Lantzville Development Permit Area Guidelines

Section 11.3.1 of the District of Lantzville Official Community Plan Bylaw (No. 150, 2019) indicates that

the Watercourse Protection (DPA 1) area applies to “all land within a distance of 30 m from top of bank for

all watercourses, streams, brooks, creeks, and wetlands, including, but not limited to Knarston, Bloods,

Hardy, Metral, Heikkila, Raines, Caillet, and Jepson Creeks, Copley Brook and wetland, and Doumont

Marsh”.

The DPA Guidelines contained in Section 11.3.3 of the OCP indicate that a development permit must be

applied for, and issued by the District of Lantzville, prior to any of the following activities:

removal, alteration, disruption, or destruction of vegetation;

disturbance of soils;

construction or erection of buildings and structures;

creation of non-structural impervious or semi-impervious surfaces;

flood protection works;

construction of roads, trails, docks, retaining walls, wharves, and bridges;

provision and maintenance of sewer and water services;

development of drainage systems;

development of utility corridors; and

subdivision as defined in Section 455 of the Local Government Act.

Prior to undertaking any of the development activities listed above, an owner of property within the

Watercourse Protection Development Permit Area shall apply to the District of Lantzville for a

development permit, and the application shall meet the following guidelines:

g) A qualified environmental professional (QEP) will be retained at the expense of the applicant, for the

purpose of preparing a report on the riparian area pursuant to the RAR Assessment Methodology

guidebook. The report will be submitted to the Ministry of Forests, Lands, Natural Resource Operations

and Rural Development and the District of Lantzville.

h) Where the QEP report describes an area designated as Streamside Protection and Enhancement Area

(SPEA), the development permit will not allow any development activities to take place therein, and

the owner will be required to provide a plan for protecting the SPEA over the long term through

measures to be implemented as a condition of the development permit, such as:

a dedication back to the Crown or the District of Lantzville,

gifting to a nature protection organization (tax receipts may be issued), or

the registration of a restrictive covenant or conservation covenant over the SPEA confirming its

long-term availability as a riparian buffer to remain free of development.

i) Where the QEP report describes an area as suitable for development with special mitigating measures,

the development permit will only allow the development to occur in strict compliance with the

measures described in the report.

j) Monitoring and regular reporting by professionals paid for by the applicant may be required, as

specified in a development permit.



k) If the nature of a proposed project in a riparian assessment area evolves due to new information or

some other change, the QEP will be required to re-assess the proposal with respect to the SPEA.

l) Wherever possible, QEPs are encouraged to exceed the minimum standards set out in the RAR in their

reports.

Where possible, development or alteration should be planned to avoid intrusion into DPA 1 areas and to

minimize the impact of any activity on these areas.

Development Permit applications should include a report prepared by a qualified professional outlining the

following information:

detailed site plan (1:250 or larger) identifying the environmentally sensitive area within the site;

criteria used to define the boundaries of the environmentally sensitive area;

inventory of fisheries species and related habitat;

impact statement describing effects of proposed development on natural conditions;

procedures for protection of riparian areas and habitat during construction;

guidelines for mitigating habitat degradation including limits of proposed leave areas;

habitat compensation alternatives, where compensation is approved.

Development Permit applications should include a vegetation management plan indicating the extent of

proposed buffer areas and the proposed management of vegetation in these areas.

Based on the bio-physical assessment of the site within the DPA, works or protective measures, such as the

planting or retention of trees or vegetation, may be required to preserve, protect, restore, or enhance natural

watercourses, fish habitat, or riparian areas

1.5 Streamside Protection and Enhancement Area (SPEA) Setbacks

Based on an average channel width of 3.4 m, Site Potential Vegetation Type of “treed”, channel type of

Riffle / Pool and an average channel grade of 2.6 %*, the SPEA setbacks for Bloods Creek through the

property are 10.2 m horizontal distance from high water mark, as marked in the field with orange flagging

(Figure 2).

*Note: channel gradient is based on the City of Nanaimo’s 1 m contour interval Laser Imaging, Detection and

Ranging (LIDAR) derived topographic mapping measured over 887 m of channel length.

The drainage ditch in the central part of the property would receive 2.0 m SPEA setbacks from top of ditch

bank. The ditch arises from a stormwater retention pond on Hase Place and E&N Railway ditch drainage.

Gradient of the ditch channel between the top of Bloods Creek ravine bank and Bloods Creek is

approximately 47%. There is no fish access to the ditch from Bloods Creek.

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Section 2. Results of Detailed Riparian Assessment Refer to Chapter 3 of Assessment Methodology Date: August 13, 2019

Description of Water bodies involved (number, type) Bloods Creek

Stream X

Number of reaches 1

Reach # 1

Channel width and slope and Channel Type Channel Width(m) Gradient (%)

Starting point 3.8 I, Steve Toth (name of qualified environmental professional) , hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas

Regulation made under the Fish Protection Act; b) I am qualified to carry out this part of the assessment of the development

proposal made by the developer Lantzville Projects Ltd. (name of developer); c) I have carried out an assessment of the development proposal and my

assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the

assessment methods set out in the Schedule to the Riparian Areas Regulation.

2.6

3.1

3.7

3.8

2.2

3.8

1.6

5.6

3.8

4.0

Total: minus high /low

30.8

Mean 3.4 2.6

R/P C/P S/P

Channel Type X

Site Potential Vegetation Type (SPVT) Yes No

SPVT Polygons X Tick yes only if multiple polygons, if No then fill in one set of SPVT data boxes

I, Steve Toth, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer Lantzville Projects Ltd.; c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to the

Riparian Areas Regulation. Polygon No: 1 Method employed if other than TR

LC SH TR

SPVT Type X

Zone of Sensitivity (ZOS) and resultant SPEA Segment

No: 1 If two sides of a stream involved, each side is a separate segment. For all water bodies

multiple segments occur where there are multiple SPVT polygons

LWD, Bank and Channel Stability ZOS (m)

10.2

Litter fall and insect drop ZOS (m)

10.2

Shade ZOS (m) max 10.2 South bank Yes X No

SPEA maximum 10.2 (For ditch use table3-7)

Segment No:

2 If two sides of a stream involved, each side is a separate segment. For all water bodies multiple segments occur where there are multiple SPVT polygons


10.2


10.2

Shade ZOS (m) max NA South bank Yes No X




Description of Water bodies involved (number, type) Ditch Tributary to Bloods Creek

Ditch X

Number of reaches 1

Reach # 1

Channel width and slope and Channel Type Channel Width(m) Gradient (%)

Starting point 0.9 I, Steve Toth (name of qualified environmental professional) , hereby certify that: e) I am a qualified environmental professional, as defined in the Riparian Areas

Regulation made under the Fish Protection Act; f) I am qualified to carry out this part of the assessment of the development

proposal made by the developer Lantzville Projects Ltd.; g) I have carried out an assessment of the development proposal and my

assessment is set out in this Assessment Report; and h) In carrying out my assessment of the development proposal, I have followed the

assessment methods set out in the Schedule to the Riparian Areas Regulation.

1.1 1.8

1.3

1.3

1.3

1.5

1.1

3.0

1.0

1.4 47.0

1.3

Total: minus high /low

11.3 48.8

Mean 1.3 24.4

R/P C/P S/P

Channel Type X

Site Potential Vegetation Type (SPVT) Yes No

SPVT Polygons X Tick yes only if multiple polygons, if No then fill in one set of SPVT data boxes

I, Steve Toth, hereby certify that: e) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; f) I am qualified to carry out this part of the assessment of the development proposal made by the developer Lantzville Projects Ltd.; g) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and h) In carrying out my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to the

Riparian Areas Regulation. Polygon No: 1 Method employed if other than TR

LC SH TR

SPVT Type X

Zone of Sensitivity (ZOS) and resultant SPEA Segment

No: 1 If two sides of a stream involved, each side is a separate segment. For all water bodies

multiple segments occur where there are multiple SPVT polygons


2.0


2.0

Shade ZOS (m) max NA South bank Yes X No


Segment No:

2 If two sides of a stream involved, each side is a separate segment. For all water bodies multiple segments occur where there are multiple SPVT polygons


2.0


2.0

Shade ZOS (m) max NA South bank Yes No X


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Section 4. Measures to Protect and Maintain the SPEA

1. Danger Trees No obvious danger trees were documented within the riparian assessment area during the survey.

I, Steve Toth, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer Lantzville Projects Ltd.; c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and In carrying out

my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to the Riparian Areas Regulation

2. Windthrow There were no areas of significant windthrow identified within the riparian assessment area during the survey. The Blood’s Creek ravine area on the property consists of mature mixed forest, while the remainder of the forested areas of the property beyond the top of ravine consist of pole-sapling deciduous forest. The potential for increased windthrow to occur within the SPEA due to clearing of the pole-sapling forest is minimal; any such potential would have been realized at the time of prior land clearing.

I, Steve Toth, hereby certify that: a. I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; b. I am qualified to carry out this part of the assessment of the development proposal made by the developer Lantzville Projects Ltd.; c. I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and In carrying

out my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to the Riparian Areas Regulation

3. Slope Stability No obvious areas of slope instability were noted within the SPEA. Signs of ravine side slope instability in the wider riparian assessment area were noted including minor sloughing, surface soil exposure, old slumps and banana trunked trees.



4. Protection of Trees

Trees within the 10.2 m SPEA would largely be protected within the wider watercourse setback of 15 m from top of ravine bank proposed by the developer. Prior to development we recommend that the boundary of the setback / limit of clearing be clearly identified in the field and mapped on construction plans.



5. Encroachment We recommend that any future physical development of the property include plans for delineation of the setback boundary at the top of ravine bank with some form of functional, aesthetically appropriate fencing such as low post and two-rail fencing. Due to the steepness of the ravine side slopes we do not recommend any trail development within the ravine or on slopes > 3:1.



6. Sediment and Erosion Control

We recommend that provision of a detailed Sediment and Erosion Control Plan be a condition of any Development Permit issued for physical development of this property. Mitigative measures should be installed prior to land development. Mitigative measures should focus on drainage points leading to Blood’s Creek such as the ditch in the central portion of the property. Land development should be scheduled to occur during the dry summer period.



7. Stormwater A Stormwater Management Plan is a requirement of the District of Lantzville’s Development



Management Permit process. I, Steve Toth, hereby certify that: a. I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; b. I am qualified to carry out this part of the assessment of the development proposal made by the developer Lantzville Projects Ltd.; c. I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and In carrying


8. Floodplain Concerns (highly mobile channel)

The survey did not find any areas of highly mobile channel. The stream through the property is confined within a steep sided ravine which limits lateral channel movement.



Section 5. Environmental Monitoring

The RAR requires a monitoring schedule for all development proposals involving

physical development of lands within the riparian assessment area. Considering the size

of the property, we recommend that a detailed sediment and drainage management plan

be developed for any proposed physical development of the property. A qualified

environmental monitor should be contracted to aid in the development of the SDMP and

to provide monitoring services during construction. A post-development report is

mandatory. A post development site visit will be required and a post development report

should be prepared and submitted to the notification system by a QEP.

Section 6. Photos

Photograph 5. June 29, 2009. View upstream of perched and badly corroded culvert under

Alger Road.



Photograph 6. View of Blood’s Creek ravine – note exposed soils and banana trunked trees.

Photograph 7. View of isolated pool at downstream end of Alger Road culvert.



Photograph 8. View of isolated pool below partial barrier to upstream fish passage.

Photograph 9. View of dry channel.



Photograph 10. View of isolated pool and dry channel

Photograph 11. March 6, 2014. View of discharge from culvert at E&N trailway onto

subject property.



Photograph 12. View downstream on drainage ditch through the property.

Photograph 13. March 6, 2014. View of ditch discharge over the top of ravine bank.



Photograph 14. March 6, 2014. View from top of ravine bank to ditch connection at Blood

Creek.



Section 7. Professional Opinion

Assessment Report Professional Opinion on the Development Proposal’s riparian area.

Date August 13, 2019

1.I/We Steve Toth

Please list name(s) of qualified environmental professional(s) and their professional designation that are involved in assessment.)

hereby certify that: a) I am/We are qualified environmental professional(s), as defined in the

Riparian Areas Regulation made under the Fish Protection Act; b) I am/We are qualified to carry out the assessment of the proposal made by

the developer Lantzville Projects Ltd.; which proposal is described in section 3 of this Assessment Report (the “development proposal”),

c) I have/We have carried out an assessment of the development proposal and my/our assessment is set out in this Assessment Report; and

d) In carrying out my/our assessment of the development proposal, I have/We have followed the assessment methods set out in the Schedule to the Riparian Areas Regulation; AND

2. As qualified environmental professional(s), I/we hereby provide my/our professional opinion that:

a) if the development is implemented as proposed by the development

proposal there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes in the riparian assessment area in which the development is proposed, OR

b) X if the streamside protection and enhancement areas identified in this

Assessment Report are protected from the development proposed by the development proposal and the measures identified in this Assessment Report as necessary to protect the integrity of those areas from the effects of the development are implemented by the developer, there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes in the riparian assessment area in which the development is proposed.

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