REGIONAL DISTRICT OF OKANAGAN-SIMILKAMEEN

Development Permit

FILE NO.: A-07-06748.000

TO: 590335 BC Ltd (Regal Ridge) c/o Adrian Erickson Box 1005 Osoyoos, BC V0H-1V0

ADMINISTRATION 1. This Development Permit is issued subject to compliance with all of the bylaws of the

Regional District Okanagan-Similkameen applicable thereto, except as specifically varied or supplemented by this Permit.

2. The land described shall be developed strictly in accordance with the terms and conditions and provisions of this Permit, and any plans and specifications attached to this Permit that shall form a part thereof.

3. This Development Permit is not a Building Permit.

APPLICABILITY 4. This Development Permit applies to and only to those lands within the Regional District

described below, and any and all buildings, structures and other development thereon:

Commercial area as shown on Schedule ‘X-1’ and comprised within the following legal parcels:

Plan 1188, District Lot 2709, Subsidy Lot 2, Portion, Remainder, for exceptions see certificate of title, SDYD; Plan 1188, District Lot 2709, Subsidy Lot 2, Shown outlined in red on PL, recorded Dept of Highway File No 5052 Gazette Notice 23/01/75, SDYD; Lot 7, Plan KAP77136, District Lot 2709, SDYD; Lot 13, Plan KAP77136, District Lot 2709, SDYD; Lot 14, Plan KAP77136, District Lot 2709, SDYD; Lot 15, Plan KAP77136, District Lot 2709, SDYD; and Lot 17, Plan KAP77136, District Lot 2709, SDYD.

CONDITIONS 5. Development Guidelines

a. In accordance with Section 15.2 of the Regional District Okanagan-Similkameen Electoral Area ‘A’ Osoyoos Rural Official Community Plan Bylaw No. 2260, 2004, the proposed commercial subdivision and development shall be in general compliance with the Guidelines for Environmentally Sensitive Development Permit Area.

Development Permit A-07-06748.000 of 19


b. The Owner shall not do anything, omit to do anything, knowingly allow anything to be done, or allow the omission of anything, that does or could reasonably be expected to destroy, impair, diminish, negatively affect, or alter the natural, scientific, environmental, wildlife or plant value in general accordance with the recommendations of the “Environmental Assessment for proposed Commercial Zoning at Regal Ridge, Osoyoos BC” dated 9 December 2006, and prepared by Ophiuchus Consulting, attached as Schedule ‘X-3’.

c. The recommendations of the “Environmental Assessment for proposed Commercial Zoning at Regal Ridge, Osoyoos BC” shall be applied in a manner consistent with the following conditions:

(i) Permitted activities shall be in accordance with the best management practices identified in or referred to in the BC Ministry of Environment’s “Develop with Care: Environmental Guidelines for Urban and Rural Land Development in BC”, “Best Management Practices for Recreational Activities on Grasslands in the Thompson and Okanagan Basins”, “Best Management Practices for Raptor Conservation during Urban and Rural Land Development in British Columbia”, and “Best Management Practices for Amphibians and Reptiles in Urban and Rural Environments in British Columbia”.

(ii) In the covenant area (also see Condition 6):

i. The Regal Ridge Conservation Management Plan (final draft November 2006) is an appropriate place to coordinate the covenant area management particularly with additional specific long term planning;

ii. Invasive plant control; hazard tree removal; and fire abatement shall be permitted in accordance with the requirements of Condition 5(c)(i);

iii. Fire abatement shall be undertaken in accordance with the RDOS Community Wildfire Protection Plan;

iv. When providing for services and trails, no more than 1,500m2 total area may be disturbed, provided that a registered environmental professional, hired by the property owner, assists with routing, timing and monitoring of any projects and provides a final report to the Regional District Okanagan Similkameen;

v. In accordance with the Regal Ridge Conservation Management Plan and the covenant referred to at Condition 6 of this permit shall restrict:

a. vehicle use; pets at large; and the killing of wildlife except as permitted under the BC Wildlife Act;

b. the disturbance or removal of rocks, soil or other habitat features and structures; and

c. the dumping and/or storage of soil, rubbish, ashes, garbage, waste, or other unsightly or offensive materials of any type or description on, in, under or about the area that is the subject of this permit;

(iii) A low profile barrier with signage identifying the covenant shall be constructed and maintained to delineate the covenant area. The fence will be maintained by the property owner(s); and


(iv) In the area not included in the covenant, vegetation that supports the White-headed woodpeckers is to be preserved by:

i. retaining 50% of the ponderosa pine and all wildlife trees;

ii. planning site development and tree removal in the context of fire and hazard tree management best management practises;

iii. any fire protection will be done in accordance with the RDOS Community Wildfire Protection Program; and

iv. using the site aerial photo contained at Schedule ‘X-2’ as a baseline for the forest cover when determining 50% removal across the commercial area.

6. Covenant The Owner has registered a restrictive conservation covenant on title restricting development within the environmentally sensitive area identified on Schedule ‘X’.

7. Security Not Applicable 8. Schedule

The development shall be carried out according to the following schedule: if the holder of the Permit does not substantially start any construction with respect to which the permit was issued within two years after the date it is issued, the permit lapses.

Authorized resolution XXX passed by the Regional Board on the ___ day of ___, 2007. General Manager of Administration Services G:\DEVELOPMENT SERVICES\PLANNING SERVICES\PLANNING\DEVELPERMITS\Permits\A0706748000RegalRidgeESDP140507.doc

Kathleen M Lausman

Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 Environmentally Sensitive Development Permit File No. A-07-06748.000

Schedule ‘X-1’

NN

Subject Properties

Osoyoos

Regal Ridge Commercial Area

(shaded area)


Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 Environmentally Sensitive Development Permit File No. A-07-06748.000

Schedule ‘X-2’


Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 File No. A-07-06748.000

Schedule ‘X-3’


REGIONAL DISTRICT OF OKANAGAN-SIMILKAMEEN

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