FROM: RE: DEVELOPMENT PERMIT APPLICATION DP-11-17

REPORT

TO: Loranne Hilton Date: February 14, 2018 Chief Administrative Officer File: DP-11-17 FROM: Laura Beckett Planner RE: DEVELOPMENT PERMIT APPLICATION DP-11-17 PURPOSE To present development permit application DP-11-17 for property at 1704, 1720 and 1724 Millstream Road. STRATEGIC PRIORITY Consideration of development permits is an operational item.

SUMMARY

Location: 1704, 1720 and 1724 Millstream Road Legal: • LOT 17 SECTION 31 HIGHLAND DISTRICT PLAN

39439 • LOT 2 SECTION 31 HIGHLAND DISTRICT PLAN

35908 EXCEPT PLAN 39439 • LOT 1 SECTION 31 HIGHLAND DISTRICT PLAN

35908 Zone: Rural Residential 1 (RR1)

Development Permit Areas: • #1 – Steep Slopes • #2 – Water and Riparian Areas • #6 – Promotion of Energy and Water Conservation

and the Reduction of Greenhouse Gases Additional Relevant

Regulations: Riparian Areas Regulation

Purpose: • Enable works towards subdivision approval • Enable District to acquire bonding for remedial works

(tree replacement and establishment) BACKGROUND Please find attached draft Development Permit DP-11-17. As Council may recall, there is an application to subdivide the three subject properties into a 9-lot strata subdivision. There are three reasons the development requires a development permit:

1. Any property that falls within a development permit area is required to acquire a development permit prior to final subdivision approval.

2. Some of the works related to the subdivision fall within the steep slopes and water and riparian development permit area. Because at least one development permit area (DPA) is triggered, DPA #6 – Energy and Water Conservation and Reduction of GHGs is also triggered.

3. Unauthorized works occurred in 2016 that require remediation. To assure the remediation occurs and the new plants (trees in this case) become established, staff recommends requiring landscape bonding as part of the development permit.

To Council February 19, 2018

Page 51

Council – DP-11-17 February 19, 2018 of 5 While staff has the delegated authority to issue development permits in circumstances 1 and 2 above, the authority to issue development permits requiring bonding rests with Council. It is for this reason that the development permit application is before Council. At this point in time, the applicant expects to be able to use on-site soils including rock for road building activities. It has been explained to the applicant and land owner, and they are aware, that if the project requires a Soil Deposit or Removal Permit within a development permit area, they are required to return to Council for an amendment to this permit. OPTIONS

1. That Council approve DP-11-17. 2. That Council deny DP-11-17. 3. That Council request more information from the applicant.

DISCUSSION Staff attaches the draft permit for Council consideration. The permit requires any activities within development permit areas 1, 2 and 6 (Steep Slopes, Water and Riparian Areas, and Energy and Water Conservation and Reduction of GHGs) be conducted in accordance with the all attachments. The attachments are the conditions of the development permit. Table 1 explains the purpose of each attachment. Table 1

ATTACHMENT PURPOSE Attachment 1: Millstream Creek Properties – Road A Site Plan, Notes, Key Plan, Plan, Profile, and Sections – “Issued for Development Permit,” dated February 14, 2018, by JE Anderson and Associates

• Preliminary road design – Final “for construction” design next stage that is reviewed as part of the subdivision process

• Shows areas where works/disturbances will occur

Attachment 2: “Proposed 9 Lot Strata Subdivision – Lot 0 Millstream Road – Highlands, BC,” by Ryzuk Geotechnical, dated November 21, 2017

• Requirement of Steep Slopes DPA • Draws attention to areas of concern for

follow-up and certification

Attachment 3: Riparian Areas Regulation Assessment Report for the Lands, by Cascadia Biological Services

• Requirement for both Provincial Riparian Areas Regulation and Highlands’ Water and Riparian Areas DPA;

• Establishes streamside protection and enhancement area and recommendations for project

• Requires monitoring of works within 30m riparian area assessment area

Attachment 4: “Environmental Impact Assessment of Riparian Development Permit Area – 1704/1720/1724 Millstream Road – District of Highlands BC,” dated June 26, 2017 by Cascadia Biological Services. Tree replanting and bonding requirements on page 1 of report.

• Provides tree replanting prescription and location, as well as bonding estimate

• Bonding estimate includes 6 months monitoring to assure establishment of newly planted trees

Attachment 5: “Environmental Impact Assessment 1704/1720/1724 Millstream Road – District of Highlands BC,” dated February 26, 2017 by Cascadia Biological Services. “Options and Recommendations” list on page 3 of report.

• Gives basic environmental recommendations toward development and subdivision of subject lands

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Council – DP-11-17 February 19, 2018 of 5

ATTACHMENT PURPOSE Attachment 6: Guideline Check Sheet – Development Permit Area 6, Purpose: “Sub-division from 3 lots into 9 lots for re-sale,” dated November 3, 2017

• Conditions for DPA #6 (Energy and Water Conservation and Reduction of GHGs) at subdivision stage/DP stage of project.

Attachment 7: Plan Showing Trail Dedication in pink

• Shows location of parkland dedication, which will be used as trail

• DP allows for construction of trail • Standard of trail is regulated by

Subdivision or Development of Land Bylaw

Attachment 8: Maps of Disturbed Areas and Future Disturbances

• Shows overall areas of development

As stated in section 4 of DP-11-17, the permit authorizes the District to acquire from the applicant bonding in the amount of 110% of the estimated cost of providing all landscaping with respect to the remediation of areas and planting of trees as outlined in Attachment 4. The estimate is for $8,000; 110% equals $8,800. This money would be required before the permit would be issued. The security would be returned once District staff receives a letter of final inspection. Parkland Dedication and Select Committees Recommendations Council’s decision regarding choice of parkland dedication has been incorporated into the various attachments to the development permit. This allows the developer to also begin/complete trail construction where the trail is within development permit areas. Trail construction standard is regulated by the District’s Subdivision or Development of Land Bylaw. Please find attached a set of minutes that chronicles the various Council, SSSC and SLUSC meetings where parkland dedication pursuant to the proposed subdivision was discussed. Staff summarizes the events below: At their May 1, 2017 Meeting, pursuant to the subdivision application for the subject properties, Council resolved to acquire for parkland, in the form of trails, in the area generally shown as dashed green line in Map 2 below. The resolution was:

That Council agree to Option 2 in regards to parkland dedication or cash in lieu for PLA-01-16, which states: The same trails plan as attached but rather than the 5% parkland as shown in green the parkland would be dedicated in strips that equal 5% of the area required and would follow the trails. Trails would be built at the expense of the developer and turned over to the Highlands. Trail corridors would be approximately 550m in length and 7m in width.

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Council – DP-11-17 February 19, 2018 of 5 Map 2 – Showing “Park Dedication” Location for Subject Properties in Green Dashed Line

Council also directed that the location of trails be referred to the Social Sustainability Select Committee. That committee reviewed the trail location and supported it. They additionally provided recommendations to Council regarding trail materials and construction. Subsequently, Council referred the matter regarding potential trails and park land dedication to the Sustainable Land Use Select Committee. SLUSC concurred with the SSSC’s recommendations and also recommended hand construction of the trails. In regards to both select committees’ recommendations, Council directed that the recommendations be referred to staff for review and consideration of a discussion with the owner/applicant. These discussions occurred between the Approving Officer and the owner/applicant during the summer of 2017. Both select committees, through their recommendations, wanted to assure the careful construction of the trails, especially adjacent to the riparian areas. One way for the District to assure this is by requiring environmental monitoring of construction activities near riparian areas by an appropriately qualified professional. In this case, the Riparian Areas Regulation report requires environmental monitoring by a Registered Professional Biologist (R.P. Bio.). The environmental monitoring is described in section 5 of the Riparian Areas Regulation Report. Because this report would be Attachment 3 to the development permit, the applicant/land owner would be required to do the environmental monitoring. Likewise, Attachment 5, which provides more general recommendations for working within sensitive or disturbed areas, also requires environmental monitoring. Attachment 4, which states the prescription for remediation of disturbed areas, has included monitoring of tree health for 6 months to assure the new trees establish themselves. Page 54

Council – DP-11-17 February 19, 2018 of 5 CONCLUSION Subdivision and planning staff have worked with the applicant to acquire professional guidance and recommendations in order that the development can proceed in accordance with the District’s regulations. Staff is satisfied that the guidelines of each relevant development permit area have been met, and recommends that Council issue DP-11-17. RECOMMENDATION That Council approve DP-11-17. Respectfully submitted, Concurrence

Laura Beckett, MCIP, RPP Loranne Hilton Municipal Planner Chief Administrative Officer Attachments:

• Excerpt from Minutes from Council, SSSC and SLUSC regarding parkland dedication • Draft DP-11-17 and attachments

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DISTRICT OF HIGHLANDS

DEVELOPMENT PERMIT NO. DP-11-17

ISSUED TO: Tracey Knight (“Permittee”) MAILING ADDRESS: c/o Michael Volk

4923 Townsend Drive Victoria BC V8Z 5P2 1. The “Lands” are:

• LOT 1 SECTION 31 HIGHLAND DISTRICT PLAN 35908 (PID: 000-370-401) / 1724 Millstream Road

• LOT 2 SECTION 31 HIGHLAND DISTRICT PLAN 35908 EXCEPT PLAN 39439 (PID: 000-370-428) / 1720 Millstream Road

• LOT 17 SECTION 31 HIGHLAND DISTRICT PLAN 39439

(PID: 000-975-788) / 1704 Millstream Road 2. This Development Permit shall be solely to authorize:

Within the lands included in Development Permit Area 1 (Steep Slope), Development Permit Area 2 (Water and Riparian Areas) and Development Permit Area 6 (Energy and Water Conservation and Reduction of Greenhouse Gases): Works pursuant to Preliminary Layout Assessment PLA-01-16 toward subdivision of the Lands: Blasting, vegetation removal, tree cutting, soil movement among the Lands provided no District roads are used in such movement, building and construction of site services, and site grading – All required to install strata roads, driveways, trails, utility service trenches, drainage facilities, and home building sites.

3. The Lands described herein shall be developed strictly in accordance with the terms, conditions, and provisions of this permit. This includes specifically: Attachment 1: Millstream Creek Properties – Road A Site Plan, Notes, Key Plan, Plan,

Profile, and Sections – “Issued for Development Permit,” dated February 14, 2018, by JE Anderson and Associates

Attachment 2: “Proposed 9 Lot Strata Subdivision – Lot 0 Millstream Road – Highlands, BC,” by Ryzuk Geotechnical, dated November 21, 2017

Attachment 3: Riparian Areas Regulation Assessment Report for the Lands, version uploaded to Provincial RARNS website on February 7, 2018, by Cascadia Biological Services. Environmental monitoring required as per section 5 of report

Attachment 4: “Environmental Impact Assessment of Riparian Development Permit Area – 1704/1720/1724 Millstream Road – District of Highlands BC,” dated June 26, 2017 by Cascadia Biological Services. Tree replanting and bonding requirements on page 1 of report.

Attachment 5: “Environmental Impact Assessment 1704/1720/1724 Millstream Road – District of Highlands BC,” dated February 26, 2017 by Cascadia Biological Services. “Options and Recommendations” list on page 3 of report.

Attachment 6: Guideline Check Sheet – Development Permit Area 6, Purpose: “Sub-division from 3 lots into 9 lots for re-sale,” dated November 3, 2017

Attachment 7: Plan showing “Trail Dedication Area (Park),” in pink, by JE Anderson and Associates, dated February 6, 2018

Attachment 8: Maps of Disturbed Areas and Future Disturbances, by JE Anderson and Associates, dated November 7, 2017

Page 69

4. The applicant shall deposit a landscape security deposit in the amount of 110% of the estimated cost of providing all hard and soft landscaping as described in Attachment 4 in the form of an irrevocable letter of credit or certified cheque pursuant to Section 502 of the Local Government Act. The Applicant will provide to the District a letter of final inspection within one year of this issuance of this permit that guarantees the planting prescription and site remediation recommendations, as described in Attachment 4, are completed to the satisfaction of an appropriately qualified professional prior to return of security deposit.

5. This Permit is issued subject to compliance with all the Bylaws of the District applicable thereto,

except as specifically varied or supplemented by this Permit. Specifically: Tree Cut Permit, issued as required Blasting Permit, issued as required Prior to final subdivision approval, with respect to Attachment 2, a report from an

appropriately qualified professional engineer certifying that the Lands may be safely used for the intended use is required.

6. If the Permittee does not substantially commence the development permitted by this Permit

within 24 months of the date of this Permit, the Permit shall lapse.

RESOLUTION PASSED BY THE COUNCIL OF THE DISTRICT OF HIGHLANDS THE XXTH DAY OF XXXX, 2018.

AUTHORIZED THIS XXTH DAY OF XXXXX, 2018

Laura Beckett, MCIP, RPP Planner

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FORM 1 Riparian Areas Regulation - Qualified Environmental Professional - Assessment Report

Form 1 Page 2 of 32

Table of Contents for Assessment Report Page Number

1. Description of Fisheries Resources Values ……………………………….

2. Results of Riparian Assessment (SPEA width) …………………………..

3. Site Plan ………………………………………………………………………

4. Measures to Protect and Maintain the SPEA

(detailed methodology only).

1. Danger Trees………………………………………………………….. 2. Windthrow……………………………………………………………... 3. Slope Stability………………………………………………………… 4. Protection of Trees……………………………………………………. 5. Encroachment ………………………………………………………… 6. Sediment and Erosion Control………………………………………… 7. Floodplain……………………………………………………………...

8. Stormwater Management………………………………………………

5. Environmental Monitoring …………………………………………………….

6. Photos …………………………………………………………………………...

7. Assessment Report Professional Opinion ……………………………………

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Form 1 Page 3 of 32

Section 1. Description of Fisheries Resources Values and a Description of the Development proposal

(Provide as a minimum: Species present, type of fish habitat present, description of current riparian vegetation condition, connectivity to downstream habitats, nature of development, specific activities proposed, timelines)

Purpose

The purpose of this RAR assessment is to determine RAR assessment area boundaries as

well as designated Streamside Protection and Enhancement Areas (SPEA) zones for a

proposed subdivision of 9 lots from parent property(s) measuring approximately 8 ha in

area (3 separate parcels). The parent lot is currently serviced from Millstream Road. The

report will also provide general recommendations for proposed works associated with the

subdivision. Future reports will have to be generated for each individual lot (post

subdivision and lot registration) if works are proposed within the identified RAR

assessment area(s). Works associated with the subdivision of the parent property

including infrastructure works, roads etc. that fall within the 30m RAR assessment area

will be dealt with when/if they are proposed to be completed. This will include a Section

9 Instream Works permit where these works fall within the bankfull width of the

channel/waterbody and/or the designated SPEA. This maybe required for a proposed

stream crossing over Millstream Creek and potentially another over an Unnamed

tributary.

Note: This amendment to the original RAR report is required as proposed utilities

including road/driveway/trail construction is now being proposed within the RAA

however, outside of the designated SPEA. Please refer to the Proposed Disturbance Map

#2 under Section 3 of this report. These intrusions into the RAA will be at two select

locations. The first will be for a driveway accessing two lots along the northwestern

corner of the subject property. The second is for a public road located along the eastern

boundary (mid section). The third will be for improvements to a public walking trail that

previously existed as an old logging road. In all cases, the intrusions are over previous

road/skidder grades resulting in limited disturbances to trees within the RAA. All

proposed works moving forward within these areas will be monitored by the designated

R.P. Bio. Disturbances outside of those areas required for the driveway and road

construction will be revegetated under the guidance of the R.P. Bio.

Background

The subject property(s) lies within the District of Highlands and are identified as PID(s)

000975788, 000370428 and 000370401. There are no civic addresses generated for these

properties at the moment. At the time of our assessment in August of 2016, there were

two streams within the subject lot that met the definition of a watercourse as identified in

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Form 1 Page 4 of 32

the Fish-Stream Identification Guidebook (1998). The primary and largest stream is

Millstream Creek while the other smaller tributary is unnamed. FISS reports for

Millstream Creek and unnamed tributaries indicate the presence of trout, stickleback,

bass and coho salmon being present along most reaches of the property. The total linear

length of the stream(s) through the property is approximately 417 meters. Access into the

new subdivision will be off of Millstream Road.

Stream Overview

Millstream Creek

This stream runs north to south through the eastern edge of the property. It is comprised

of one reach through the property. The average bankfull width is approximately 3m

which cobble, gravel and bedrock being the dominant substrates. The canopy closure is

seasonal and varies from 60-80% through most stream reaches and is primarily composed

of Douglas fir, western red cedars, as well as alder and arbutus. The understory is

dominated by salmon berry where the canopy closure decreases at select roadside

locations. Other dominant understory plants include salal, sword fern and red

huckleberry as well as recruitment conifers in the pole sapling stage of development.

Other understory plant noted were; pacific bleeding heart, field mint, braken fern, Oregon

grape, bitter cherry, oceanspray, lady fern, trillium, piggy-back saxifrage. Mostly

unconfined, this stream has cascade-pool morphology with an average gradient of 8%.

Unnamed Tributaries to Millstream Creek

There is one unnamed third order stream that flow into Millstream Creek within the study

area boundaries of the proposed subdivision. Comprise of two reaches including one

stream segment as well as a wetland segment, the unnamed tributary flows from north to

south along the western edge of the property going into and out of the property on several

occasions. Going from south to north, the first reach is comprised of a small wetland that

was only 10% inundated with water at the time of our assessment. The vegetation within

the wetland is composed of sedges, water-parsley, red alders, and hardhack around the

peripherals with dwarfed western red cedars at higher densities at select locations. The

area outside the HMW (high water mark) along the southern edge is composed of salal,

salmonberry, sword fern, with a canopy of red alder, western red cedar and Douglas fir.

There are no provincially generated FISS reports for this unnamed tributary. The second

reach of this watercourse falls within the property boundary along the northwest corner.

With an average channel width of 2.93m and an average gradient of 5%, the stream

exhibiting cascade-pool morphology was dry over 100% of the length within the

property. Channel substrate consisted primarily of cobble, small patches of gravel with

occasional intrusions of bedrock. Vegetation along this stream mimics that of Reach 1 of

Millstream Creek

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Form 1 Page 5 of 32

Section 2. Results of Riparian Assessment (SPEA width)

Attach or insert the Form 3 or Form 4 assessment form(s). Use enough duplicates of the form to produce a complete riparian area assessment for the proposed development

Page 94


Form 1 Page 6 of 32

2. Results of Detailed Riparian Assessment Refer to Chapter 3 of Assessment Methodology Date: 2016-08-31

Description of Water bodies involved (number, type) 1 stream

Stream 1

Wetland

Lake

Ditch

Number of reaches 1 Reach # 1

Channel width and slope and Channel Type (use only if water body is a stream or a ditch, and only provide widths if a ditch)

Channel Width(m) Gradient (%)

s arting point 3.45 I, Thomas Roy , 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 Tracey Knight;

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.

upstream 7.35 High

3.01

2.67 4

2.78

downstream 2.65

2.81

3.75

3.21 8 2.05 Low

2.75

Total: minus high /low 27.08

mean 3.01 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, Thomas Roy , 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 Tracey Knight; 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

Polygon No: Method employed if other than TR

LC SH TR

SPVT Type

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Form 1 Page 7 of 32


SPVT Type

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

Litter fall and insect drop ZOS (m)

10

Shade ZOS (m) max 9.03 South bank Yes No X

Ditch Justification description for classifying as a ditch (manmade, no significant headwaters or springs, seasonal flow)

Ditch Fish Bearing

Yes No If non-fish bearing insert no fish bearing status report

SPEA maximum 10 (For ditch use table3-7)

Segment No:



10


10



Segment No:

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



Shade ZOS (m) max South bank Yes No

SPEA Maximum (For ditch use table3-7)

I, Thomas Roy , 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 Tracey Knight; 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.

Comments

Segment 1 represents the right bank facing downstream.

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Form 1 Page 8 of 32


Description of Water bodies involved (number, type) 1 stream and 1 wetland

Stream

Wetland 1

Lake

Ditch




starting point I, Thomas Roy , hereby certify that: e) I am a qualified environmental professional, as defined in


f) I am qualified to carry out this part of the assessment of the development proposal made by the developer Tracey Knight;

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.

upstream

downstream

Total: minus high /low

mean

R/P C/P S/P

Channel Type


Yes No

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

I, Thomas Roy , 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 Tracey Knight; 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


LC SH TR

SPVT Type X


LC SH TR

SPVT Type

Page 97


Form 1 Page 9 of 32


SPVT Type


Segment No:



15


15

Shade ZOS (m) max 15 South bank Yes No X


Ditch Fish Bearing



Segment No:



15


15

Shade ZOS (m) max 30 South bank Yes No X


Segment

No: 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





I, Thomas Roy , 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 Tracey Knight; 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


Comments

Segment 1 represents the northern half of the wetland

Page 98


Form 1 Page 10 of 32


Description of Water bodies involved (number, type) 1 stream and 1 wetland

Stream 1

Wetland

Lake

Ditch




starting point 2.56 I, Thomas Roy , hereby certify that: i) I am a qualified environmental professional, as defined in


j) I am qualified to carry out this part of the assessment of the development proposal made by the developer Tracey Knight;

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

l) 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.

upstream 3.15

3.33

3.42 4

2.71

downstream 2.12

2.89

3.13 3.05 6

1.90 Low

3.89 High

Total: minus high /low 26.36

mean 2.93 5

R/P C/P S/P

Channel Type X


Yes No

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

I, Thomas Roy , hereby certify that: i) I am a qualified environmental professional, as defined in the Riparian Areas

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

proposal made by the developer Tracey Knight; k) I have carried out an assessment of the development proposal and my

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


LC SH TR

SPVT Type X


LC SH TR

Page 99



SPVT Type


SPVT Type


Segment No:

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


10


10



Ditch Fish Bearing


SPEA maximum 19.56 (For ditch use table3-7)

Segment No:



10


10



Segment No:

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





I, Thomas Roy , hereby certify that: i) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; j) I am qualified to carry out this part of the assessment of the development proposal made by the developer Tracey Knight; k) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and l) In carrying out my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to


Comments

Segment 1 represents the left bank facing downstream.

Page 100



Section 3. Site Plan

Site Plan

Page 101



Page 102



Note: SPEA and RAR assessment area buffer zones are measured from the HWM. Blue polylines and polygons represents stream and wetland. Yellow polylines represent the 10m SPEA (includes all three ZoS). Green polyline represents the 15m wetland SPEA (includes LWD and litter fall ZoS). Purple polyline represents the 30m wetland SPEA (shade ZoS).

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Page 104



Page 105



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Note: Dark pink colouring represents the existing trail system that will undergo improvements to the trail surface and minor vegetation clearing

Page 107



Section 4. Measures to Protect and Maintain the SPEA This section is required for detailed assessments. Attach text or document files, as need, for each element discussed in chapter 1.1.3 of Assessment Methodology. It is suggested that documents be converted to PDF before inserting into the assessment report. Use your “return” button on your keyboard after each line. You must address and sign off each measure. If a specific measure is not being recommended a justification must be provided.

1. Danger Trees Measures to protect and maintain the SPEA will be developed for

lots 3, 5, 6, 8 and 9 once designs are finalized. These measures

are only required if works are proposed within the 30m RAR

assessment area. If works are proposed, then an individual RAR

reports for each of the lots will be required I, Thomas Roy , hereby certify that:

m) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act;

n) I am qualified to carry out this part of the assessment of the development proposal made by the developer Tracey Knight; o) 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 Measures to protect and maintain the SPEA will be developed for





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 Tracey Knight; c. I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and In



3. Slope Stability Measures to protect and maintain the SPEA will be developed for









4. Protection of Trees Measures to protect and maintain the SPEA will be developed for









5. Encroachment Measures to protect and maintain the SPEA will be developed for




Page 108








6. Sediment and Erosion Control Measures to protect and maintain the SPEA will be developed for









7. Stormwater Management Measures to protect and maintain the SPEA will be developed for









8. Floodplain Concerns (highly

mobile channel)

Measures to protect and maintain the SPEA will be developed for









Page 109



Section 5. Environmental Monitoring Attach text or document files explaining the monitoring regimen Use your “return” button on your keyboard after each line. It is suggested that all document be converted to PDF before inserting into the PDF version of the assessment report. Include actions required, monitoring schedule, communications plan, and requirement for a post development report.

Specific Recommendations for Future Proposed Works Associated with the Subdivision

Construction Including Utilities, Roads Etc.

District of Highlands, BC

August 31st, 2016

Works within the 30m RAR Assessment Area

• Areas designated as the SPEA will be flagged with high visibility

flagging tape and temporary fencing when/if works are proposed

within the 30m RAR assessment area.

• Prior to construction, a detailed sediment and erosion control plan will

be developed to prevent the discharge of sediment laden water into the

SPEA or any watercourses identified on-site. This will include the

installation of sediment fencing/hay bales as determined by on-site

biologist prior to the initiation of construction activities.

• No works shall be undertaken within areas designated as SPEA (refer

to maps) except for those associated with a Section 9 Notification for

stream crossings, works within the SPEA and/or existing road

upgrades.

• All works Scheduled Within 30m of a Watercourse and Outside of the

SPEA will adhere to all recommendations as outlined in the BMP -

Develop with Care: Environmental Guidelines for Urban and Rural

Land Development in British Columbia. As well:

o Ensure construction will proceed smoothly without harmful

alteration of habitat;

o Provide long-term monitoring for disturbed sites until green-

up is established and the soils at the site are stable.

• Heavy equipment (excavators etc.) working within 30m of a

watercourse will be monitored for leaks (oil, hydraulic fluid etc.).

• Disturbed areas within 30m of a waterbody will be revegetated with

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native plants of a size that will quickly re-establish riparian cover

when construction activities are deemed complete.

• Detailed direction to contractors will be given to ensure that no erosion

or sediment movement will occur and that no silt will be released to

the SPEA during the construction and post construction phase.

• The site will be monitored by the designated QEP (once every week or

as required due to high rainfall events - >30mm/24 hour period) during

the construction period. Any contraventions of the RAR will be

communicated to the builder as well as local municipal staff and RAR

staff.

• A post construction report generated by the designated QEP will be

submitted to RAR and local municipal staff within three months after

activities are deemed substantially complete.

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Section 6. Photos

Photos

Label Plate #1 – Millstream Creek – Reach 1 facing downstream

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Label Plate #2 - Millstream Creek – Typical view of the substrate

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Label Plate #3 – Millstream Creek – Typical view of the canopy

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Label Plate #4 – Unnamed tributary to Millstream Creek – Reach 1 – Typical view

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Label Plate #5 – Unnamed tributary to Millstream Creek – Reach 1 – Typical view of aquatic

vegetation

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Label Plate #6 – Unnamed tributary to Millstream Creek – Reach 2 – Typical view of the

vegetation

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Label Plate #7 – Unnamed tributary to Millstream Creek – Reach 2 – Typical view of the stream

morphology

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Label Plate #8 – Unnamed tributary to Millstream Creek – Reach 2 – Typical view of the stream

substrate

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Section 7. Professional Opinion

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

Date 2016-08-31

1.I/WeThomasRoy__________________________________________________________________

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 Thomas Roy 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 Tracey Knight, 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

(Note: include local government flex letter, DFO Letter of Advice, or description of how DFO local variance protocol is being addressed)

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.

[NOTE: "qualified environmental professional" means an applied scientist or technologist, acting alone or together with another qualified environmental professional, if

(a) the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, acting under that association's code of ethics and subject to disciplinary action by that association, (b) the individual's area of expertise is recognized in the assessment methods as one that is acceptable for the purpose of providing all or part of an assessment report in respect of that development proposal, and (c) the individual is acting within that individual's area of expertise.]

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Submission Instructions Riparian Areas Regulation – Qualified Environmental Professional – Assessment Report

RAR-QEP-AR

Forms you will need to complete are

Form 1 which has the database information, the description of the fisheries resources, development site plan, measures to protect and maintain the SPEA, and environmental monitoring.

Form 2, if more QEPs are part of the project team. Either Form 3 the detailed assessment form(s) or Form 4 simple assessment form(s)

which is for the results of the riparian assessment (SPEA width). Use enough copies of the form to complete the assessment of the site.

Form 5 is the photo form(s). Duplicate for additional photos.

NB: See the Guidelines and the Assessment Methods for detailed instructions on the information required for completing the Assessment Report. A complete Riparian Assessment Report based on the template forms must be converted to a single Portable Document Format PDF file prior to uploading onto the Notification System. The Assessment Report must be complete, by submitting the information specified, and posted to provide notification to the local government, Ministry of Water, Land and Air Protection and the Department of Fisheries and Oceans Canada. Tips for working with MS Word Template Forms Using the forms

⋅ Before beginning, print a hard copy of the form and the guidance files for reference

⋅ Open the template

⋅ Enter data into the shaded fields on the form

⋅ Use TAB to move from one field to another; SHIFT-TAB to go in reverse

⋅ Text and digital photos may be inserted from other applications

⋅ The amount of text that can be entered in each box is limited and cannot be changed by the user; boxes with date information, for example, require input like: yyyy-mm-dd.

Saving the completed form

⋅ Assign name to the completed form

⋅ Save a word document (*.doc file)

⋅ Do not overwrite the Template (*.dot file) with your completed form

⋅ If you do overwrite the template, you can download a new copy from this web site

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Thomas Roy, R.P. Bio., QEP

Cascadia Biological Services

[email protected]

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Attachment I – Overview Map of the Subject Property(s) Identifying Disturbances

Within the Riparian DPA

Note: Red polygons represent the riparian DPA disturbance areas

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Attachment II – Typical Site Photographs

Plate #1 – Typical view of wetted riparian area on the property

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Plate #2 – Typical view of the disturbances within the riparian DPA

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properties, rocky outcrops, wildlife dens/trees as well as any other environmentally

significant attributes. The existing natural state area measures approximately 76345 m2

(7.6 hectares) and represents 93.6% of the entire subject property. Fieldwork to assess

the study area was completed by Thomas Roy, QEP of Cascadia Biological Services

between July of 2016 and January 2017. The purpose of the site visit therefore was to

examine the physical and biological attributes of the parent property(s), review previous

environmental maps and studies, review proposed works, and to discuss how best to

minimize or offset the environmental impacts resulting from the proposed

construction/subdivision. Prior to the field visit, an overview search of existing

environmentally significant areas was conducted including a search of rare elements as

documented by the BC Conservation Data Centre.

Environmental Assessment Findings

1) Land Use – Properties to the north, east and west of the subject property have

been utilized for large lot residential purposes. The property along the southern

boundary of the property is home to Mary Lake which is a somewhat large lake

within the District. A small-moderate percentage of the native vegetation in and

around the subject property including neighbouring properties has been replaced

by lawns and ornamental gardens comprised primarily of introduced species.

Larger pockets of natural state ecosystems remain however, are notably

fragmented from each other. Several hiking trail and old skidder roads have been

established by local citizens as numerous dog walkers and hikers were seen on the

property.

2) Subject Property - The subject property consists of a total area of 81583 m2 (8

hectares) of which over 6.4% has been previously disturbed. Further to the

previous disturbances on the property, the proposed disturbances associated with

the subdivision plan (refer to Appendix E), include land alterations to over 2208

m2 (0.2 hectares) of moderately rated (marginal habitat) Riparian/Deciduous

Ecosystem consisting of Douglas fir, willow, alders and cottonwood trees with

groundcover consisting of various species including sedges/rushes, salal and

Oregon grape as well as 1.0 hectares of older second generation forests and rocky

outcrops. For the sake of this assessment, moderately rated habitat is indicative of

an indigenous ecosystem however, does not possess environmentally significant

attributes including nesting/denning sites and/or rare plants. Overall, the

ecosystem provides habitat for birds and other small/large sized mammals

including raccoons, deer, bear, cougar etc. The ecosystems present on the

property are considered of moderate-high value given their size and connectivity

to large intact stands of natural state forests.

3) Rare Plants/Wildlife/Ecosystems – From our assessment, there were several

environmentally significant attributes noted during our assessment of the

property. Of primary importance were stands of older second generation forests

consisting primarily of Douglas fir. Other significant observations include the

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two watercourses discussed in further detail in the RAR report which was

generated for the property and presented in Attachment F, several rocky outcrops

and wildlife trees and wildlife dens (please refer to Appendix B for significant

attributes locations). Overall, potential habitat and biodiversity values with the

proposed disturbed area associated with the proposed road network remains low-

moderate outside of those attributes mentioned above due to previous

disturbances and the introduction of non-native species within these areas. From

our overall assessment, there were no rare or endangered species documented

within the subject property(s).

4) Watercourses – Watercourse within the subject property consist of two

watercourses both flowing from the north to the south along the both the eastern

and western boundaries of the site. The watercourses are described in detail in the

Riparian Areas Regulations (RAR) report located in Attachment F.

Options and Recommendations

From our environmental assessment of the subject property(s) located at 1704/1720/1724

Millstream Road, it is in my opinion that the proposed residential

construction/subdivision, will not adversely impact the environment if the following

recommendations are adhered to:

1) Works within the proposed disturbed area will be monitored by a Registered

Professional Biologist (R.P. Bio.) during the initial excavation and subdivision

construction to ensure wildlife is not harmed. This includes monitoring for any

new avian nests as well as small mammal dens etc.

2) Limit disturbances where feasible in those areas remaining in natural state

including Streamside Protection and Enhancement Areas (SPEA)

3) As a result of the proposed disturbed area and vegetation removal, Cascadia

Biological Services recommends that several nesting boxes (QEP to determine

sizes and configuration) be installed in older second generation forests that remain

through the covenant process

4) Landscape planting should maximize use of native species

5) Limit disturbances to the natural state habitat outside of the building footprint

except for those areas required to be managed as part of the fire hazard setbacks

from buildings

6) Covenants should be registered for those areas demarcated as SPEA within the

subject property(s)

If you have any questions regarding this assessment, please do not hesitate to contact me

by means below.

Thanks for your time.

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Thomas Roy, R.P. Bio., QEP

Cascadia Biological Services

[email protected]

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Attachment A – Overview Map of the Subject Property(s)

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Attachment B – Overview map with Sensitive Ecosystem Attributes

Note: Red polygons represent rocky outcrops. Green singular points represent

wildlife trees and other point source environmental sensitivities. Blue polygon and

polylines represent the watercourses and riparian setbacks

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Attachment C – CRD Natural Areas Atlas Map – Environmental Sensitivities

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Attachment D – Typical Site Photographs

Plate #1 – Typical view of wetted riparian area on the property

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Plate #2 – Typical view of the existing trail system on the property

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Plate #3 – Typical view of a small rocky outcrop system on the property and stand

structure in behind

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Plate #4 – Typical view of one of the seasonal watercourses on the property

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Attachment E – Subdivision Layout

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Attachment F – RAR Report (Separate Attachment)

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FROM: RE: DEVELOPMENT PERMIT APPLICATION DP-11-17

Documents

Transcript of FROM: RE: DEVELOPMENT PERMIT APPLICATION DP-11-17