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VIA EMAIL

July 22, 2013

Honourable Steve Thomson Minister Forests, Lands and Natural Resources Operations Province of

Dear Minister Thomson,

Re: Private Docks at Cape Roger Curtis, Bowen Island [ILMB Files: 2410700, 2410701, 2410702, 2410703, 2410880, 2410881]

Further to our correspondence to you on May 28, 2013, we are writing to follow up on the referenced subject and request your immediate intervention to prevent further impairment of public lands and waters on Bowen’s iconic southwest shores. Over 1,260 citizens have now expressed opposition to the construction of private docks on the shores of Cape Roger Curtis and we urgently request you to take immediate action to keep the Cape waterfront in its natural state.

The petition signatories and comments are attached herein (see Schedules II and III, respectively), and further information is available at: www.stopthedocks.ca. (Please consider all petition signatories and comments to be hereby submitted pursuant to the formal public comment period currently being conducted by your department for files 2410880 and 2410881.)

Given the location, scale and impact of the proposed development of at least 6 private moorage structures, this matter is of urgent concern to the Province of BC. We are seeking immediate intervention by you to stop further work and conduct a Ministerial inquiry regarding the approval of private docks at Cape Roger Curtis.

We have established, through a review of information released to date1, that there were significant failures in the review and approval process, and resultant conclusions reached to authorize the first four private docks at Cape Roger Curtis. We are concerned that consideration of two pending applications (and, possibly, more) will further compromise the public use and environmental integrity of our public shoreline at Cape Roger Curtis.

[Note 1: information was compiled from discussions with department staff (FLNRO, BIM, DFO and TC) and a review of documentation released to the public (both voluntarily, and pursuant to Freedom of Information requests).]

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Specifically, we are requesting that the following steps be taken immediately:

1. Cease Work Order: Place a ‘cease work order’ on the construction of private docks on the water licence tenures granted for four docks at Cape Roger Curtis, Bowen Island (files: 2410700, 2410701, 2410702, 2410703);

2. Defer Pending Applications: Defer further consideration and processing of water licence tenure applications for two private docks at Cape Roger Curtis, Bowen Island (files: 2410880, 2410881);

3. Impose Moratorium: Place a moratorium on any consideration of future water licence tenure applications for private docks at Cape Roger Curtis, Bowen Island; and

4. Ministerial Review: Convene a Ministerial review of the four water licence tenures and two pending applications to consider:

i. Whether due process was followed; ii. Whether referral parties (specifically Bowen Island Municipality, Department of Fisheries and Oceans and Transport Canada) properly applied their policies and regulations and responsibly conducted their assessment of impacts; iii. Whether adequate measures are in place for independent, professional experts to monitor and assure ‘Best Management Practices’ (BMP) are in fact followed in the design, construction of the private moorages; iv. Actual impacts of the private docks on public use, environment, navigation; and v. Based on the results of the foregoing, whether revocation of the water licences, and rejection of pending and future applications is appropriate.

We ask that the Ministerial review be conducted in an open and transparent manner, allowing for public input and peer review of expert evidence. The cease work order on existing water tenures (#1 above), the deferral of pending applications (#2 above) and the moratorium on future applications (#3 above) should not be lifted until a public hearing to receive the Ministerial report has been conducted.

We have provided a highlight of key findings in Schedule I to provide evidence that the foregoing Ministerial review, while an extraordinary intervention, is both warranted and appropriate. The findings submitted are only a partial list of errors, omissions, and failures in the integrity of the water licence review, approval and construction management issues that have been identified.

In summary, we have established that, in the review and approval of the four private dock applications at Cape Roger Curtis, that:

i. BIM failed to properly observe its Official Community Plan (OCP) policies and enforce its Land Use Bylaw (LUB), and BC failed to uphold the terms and conditions of BIM’s OCP and LUB; www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 3

ii. The failed to observe the terms and conditions of its Policy Statement, and BC failed to uphold such requirements; iii. DFO failed to review the moorage impacts, and BC failed to ensure a responsible assessment of environmental considerations was conducted; iv. Transport Canada failed to properly review the moorage impacts, and BC failed to ensure a responsible assessment of navigation and safety considerations was conducted; v. BC’s Forest, Lands and Natural Resource Operations (FLNRO) ministry failed to observe the terms of its private moorage policies; vi. BC and BIM have failed to properly consider the public interest and conduct their review processes in a proper manner; and vii. BC and BIM have failed to assure proper oversight of ‘Best Management Practices’ (BMP) to protect public access and environmental features in the design and construction of the moorages.

We ask that you meet with us, at your earliest convenience to discuss the issues in more detail and allow us the opportunity to more fully explain where the provincial review of the Cape Roger Curtis docks has failed, resulted in an improper decision to grant four water licences and why revocation of these tenures and abandonment of any further consideration of private docks at Cape Roger Curtis should be fully considered. To prevent any further compromise of the private landowners interests (e.g. by further expenditures on dock construction), and to address the pressing nature of our community’s concerns, we ask for your immediate attention to these matters.

Respectfully yours,

Stop the Docks Campaign

Doug Hooper, Representative [email protected] 1-778-773-1122

CC:

1. Mr. Jordan Sturdy, MLA – West - Sea to Sky 2. Mr. John Weston, MP – - Sunshine Coast - Sea to Sky Country 3. Mayor and Council - Bowen Island Municipality 4. Islands Trust Council 5. Honourable Lisa Raitt, Minister of Transport 6. Honourable Gail Shea, Minister of Fisheries and Oceans

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SCHEDULE I: Key Findings – Cape Roger Curtis Dock Approvals

The following notes were compiled from discussions with department staff (FLNRO, BIM, DFO and TC) and a review of documentation released to the public (both voluntarily, and pursuant to Freedom of Information requests).

BC – Bowen Island Municipality

1. Did the Bowen Island Municipality (BIM) and BC properly consider the land use policies (as set out in BIM’s Official Community Plan (OCP) and Land Use Bylaw (LUB), the Islands Trust Policy Statement and FLRNO’s private moorage policies), and abide by due process in their mutual review of the applications?

a) BC wrote BIM to convey issues raised by public correspondence (56 opposed, 1 supporting) regarding the dock applications and directed BIM to determine whether the applications affected public use of the beaches and foreshore and adhered to our Official Community Plan (OCP). The province asked two direct questions in this regard and warned BIM of its responsibility to determine these matters. The email states:

“1. Are these applications consistent with the intent of the public amenity provisions of the Cape Roger Curtis subdivision plan, e.g. byways, access and enjoyment of beaches and foreshore?

2. Are these applications consistent with BIM’s OCP, e.g. objective 40, objective 68 policy152?

The Province looks to local government, in this case BIM, to interpret their own OCP and applicable bylaws.” (emphasis added) (May 30, 32013)

b) BIM’s Official Community Plan (OCP) states:

“Objective 40: To encourage the retention of portions of Cape Roger Curtis in a natural state accessible to the public, including ecologically sensitive coastal bluffs, other sensitive ecosystems such as Arbutus and Douglas Fir Woodland, portions of the shoreline, archaeological features, viewpoints, and significant marine shorelines.“ [Section 2.11]

“Objective 68: To continue to promote the public interest in the development of the Cape Roger Curtis lands.

Policy 152: Notwithstanding that Cape Roger Curtis has an approved subdivision plan28, the Municipality continues to promote the public interest at Cape Roger Curtis by encouraging the development of the site to:

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conserve the majority of the coastline for eco-system protection, but especially the south facing ecologically sensitive and unique coastal bluff; where there are no adverse ecological impacts, develop public, waterfront, walking trails along the majority of the coastline, connecting to the cross-island greenway; protect environmentally sensitive areas and rare species; …” [Section 3.4.6]

c) BIM’s Land Use Bylaw (#57) states:

“moorage shall be located such that it will not limit use of or physically divide a beach, or negatively impact eelgrass meadows, kelp beds, clam beds or mussel beds” [Section 14.13.1(1)]

d) BIM is an island municipality within the Islands Trust. The Islands Trust was created by BC to:

 Foster the preservation and protection of the Trust Area's ecosystems  Ensure that human activity and the scale, rate and type of development in the Trust Area are compatible with maintenance of the integrity of Trust Area ecosystems  Sustain island character and healthy communities

The Islands Trust Act gives the Islands Trust responsibility for leading the preservation and protection of the Trust Area and invites the Islands Trust to cooperate with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia. It also requires Trust Council to adopt a Policy Statement with the policies it will use to achieve this goal. The ‘object’ of the Islands Trust is to:

“The object of the Trust is to preserve and protect the Trust Area and its unique amenities and environment for the benefit of the residents of the Trust Area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia.”

e) BC’s Forest, Lands and Natural Resource Operations (FLNRO) Ministry provides the following policy guidelines for its review and approval of private moorage facilities:

“Protecting Our Shores and Coastlines Crown land is a public asset and the Province has a responsibility to ensure it is managed to maximize and sustain the flow of economic, social and environmental benefits to British Columbians, now and in the future. Crown land is available for the use, benefit and enjoyment of all British Columbians.

The Private Moorage policy is intended to provide owners and Crown tenure holders of waterfront property an opportunity to occupy and use the Crown foreshore fronting their www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 6

property for personal and private use, and guide that use so that it does not impact the environment, navigation, safety, community values, public and First Nation interests and the legal rights of others.” (emphasis added)

f) BIM advised BC that “The rocky foreshore at Cape Roger Curtis is punctuated by a number of features at Collingwood Beach [sic Pebble Beach] and the Cape Roger Curtis Lighthouse which are enjoyed by the public. At the time of the approval of the Cape Roger Curtis subdivision, relief was provided from the provisions of the Local [Government] Act for public access to the sea every 200 metres, in exchange for public access in these areas and the design, size, and scale of these moorages and breakwaters would significantly impact the aesthetics of this coastline and the public enjoyment of the coastal trail and the key viewpoints.” (emphasis added) (July 27, 2012)

g) BIM Council’s meetings to review and discuss the private docks at Cape Roger Curtis were all conducted in meetings closed to the public (various, 2012-2013)

h) BC approved the four dock applications, stating that the “public amenity provisions of the Cape Roger Curtis subdivision plan (walkway, beach and lighthouse) will not be impeded by these moorage facilities” (October 29, 2012)

FINDINGS:

i. The Cape Roger Curtis private docks are not consistent with BIM’s OCP policies and objectives (e.g. because they fail to retain the Cape shoreline in its natural state, with public access and protection of environmentally sensitive areas); ii. The Cape Roger Curtis private docks will not conform to the requirements set out in BIM’s LUB provisions (e.g. because they do limit public use, physically divide a beach and negatively impact eelgrass, kelp and mussel beds); iii. The Cape Roger Curtis private docks are not consistent with the Island Trust object and policy statement (e.g. because they fail to preserve and protect the unique amenities and ecosystems, and the scale and type of development is incompatible with maintaining ecosystem integrity) iv. The Cape Roger Curtis private docks are not consistent with the BC FLNRO’s policy guidelines (e.g. because they negatively impact the environment, navigation, safety, community values of the public) v. BC’s conclusion that the docks “will not impede” public use is in conflict with BIM’s statement that the docks “will significantly impact” public enjoyment; BC did not accept BIM’s interpretation of its OCP and applicable bylaws; vi. With respect to (i) and (ii) above, BC and BIM made errors in fact; www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 7

vii. With respect to (iii), (iv) and (v) above, BC did not ensure that current policies were upheld and that due processes were followed; and viii. With respect to the conduct of deliberations with regard to the Cape Roger Curtis private moorages in meetings closed to the public, BIM Council did not follow due process.

Environmental Impacts

2. Did the Department of Fisheries and Oceans (DFO), or other referral agencies (e.g. FLNRO, BIM, other) properly consider the environmental impacts of the docks, and have government authorities properly ensured management and mitigation measures would be responsibly enforced?

a) BC has advised that DFO has “primary mandate for fish and fish habitat in the marine environment” and that referrals with respect to environmental review were sent to “those government agencies who have jurisdiction over the application area. In this case, DFO, Environment Canada, FLNRO Ecosystems and BIM” (June 11, 2013)

b) DFO has advised that “Fisheries and Oceans Canada (DFO) has not reviewed an application for these residential docks and has not issued any authorizations under the Fisheries Act” (emphasis added) (May 23, 2013)

c) Islands Trust has announced its intentions to conduct an eelgrass survey in and around Bowen Island in the summer 2013 and release mapping results in 2014:

“The Islands Trust Fund is mapping nearshore eelgrass habitat in the and , in partnership with SeaChange Marine Conservation Society, the Conservancy Society and the Seagrass Conservation Working Group.

Why we are mapping eelgrass

Seagrasses form large meadows that serve as nursery habitat and a refuge for juvenile fishes. The leaves serve as a cornerstone for the marine food web, supplying nutrients to salmonids and other fish, shellfish, waterfowl and about 124 species of faunal invertebrates. Eelgrass habitats within the Salish Sea provide the basis for the region's commercial and recreational fisheries revenue. The productivity of native seagrasses rivals the world's richest rainforests.

Eelgrass habitats capture and store large amounts of carbon at much more efficient rates than terrestrial forests. Scientists estimate the salt marshes and seagrass meadows of B.C. sequester the equivalent of the emissions of some 200,000 passenger cars.

Contaminates and shoreline development put pressure on fragile eelgrass meadow ecosystems. To protect eelgrass, we need to know where it is. We're mapping eelgrass www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 8

habitat so that we can better plan our strategies to conserve these valuable underwater ecosystems. (emphasis added)

d) BIM sent BC a letter which noted its requirement for dive surveys to assess compliance with the LUB Section 14.13.1 (April 5, 2012)

e) No environmental review of the docks has been documented from either Environment Canada or FLNRO Ecosystems

f) No independent, professional assessment of the dive studies (provided by the applicants) and the findings and recommendations contained therein has been documented from either BC or BIM

g) No independent, professional assessment of the modified design of the private moorage at Lot 13 (which was altered to remove an unauthorized sun deck, but retained redundant footings and bracing features which negatively impact both environmental and public use) was conducted

h) For works conducted between July 9-19 on the Lot 13 private moorage, the prescribed requirements for an Environmental Monitor to be present has not been upheld or enforced during active construction in the environmentally sensitive (kelp and mussel bed) areas

FINDINGS:

i. Based on established marine data and the submitted dive surveys, the Cape Roger Curtis docks will negatively impact known eelgrass, kelp and mussel beds in the area around, under or adjacent to the private moorages – this is contrary to Section 14.13.1(1) of the BIM LUB ii. Dock approvals have relied entirely on environmental reports submitted by the applicants - no independent, professional assessment of the environmental impacts has been documented by any responsible government authority (BC, BIM, or DFO) iii. Dock approvals have been granted in advance of important marine habitat surveys to be completed by the Islands Trust iv. Environmental mitigation and management measures were recommended by the applicants - no independent, professional assessment of the environmental mitigation and management recommendations has been documented by the responsible government authorities (BC, BIM, or DFO) v. No independent, professional assessment of the private moorage designs has been documented by any responsible government authority (BC, BIM) vi. Mechanisms to monitor and oversee the construction processes and enforce conditions regarding independent, professional monitors and adherence of the works to approved designs, ‘Best Management Practices’ (BMP) and ‘mitigation measures’ required by the

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terms of approval of the Licences of Occupation are not fully in place and are not functioning to properly control construction activity currently underway

Navigational Impacts

3. Did Transport Canada (TC) properly consider the navigational impacts of the private moorages and properly ensure the safety of the marine users during the construction, operation and potential (catastrophic) failure of the private moorages?

a) TC reviewed the initial private moorage applications and advised (on July 3) that:

i. The applications originally submitted would require a review under Section 5.2 of the Navigable Waters Protection Act (NWPA) (http://www.dfo- mpo.gc.ca/regions/central/pub/municipal-class-niveaux-minicipaux-on/section5- eng.htm) as the breakwaters would impede the access to the sea from the lots adjacent to the planned breakwaters; ii. The docks and breakwaters were not seen to be of any consequence to the shipping lanes in general; iii. The potential impact of the docks on the visibility of the Cape Roger Curtis lighthouse was also reviewed. The planned docks were not found to be in any way constricting the visibility. The light source is 9 m above the high water line. The docks are 2 m above the high water line. According to TC this 7 m difference does not lead to any problems; and iv. Subsequently, the applicants went back to the drawing boards and re-submitted altered plans, without the breakwaters. These revised plans showed the docks in different configurations and dimensions compared to the previously submitted plans.

b) After removing the breakwater features, the private moorages qualified as a “Minor Work Order” and, accordingly, TC did not conduct a review of the revised dock applications under the NWPA.

c) The applicants may ‘bring back’ an application to approve breakwaters for their private moorages at a later date. Notably, the Licences of Occupation granted by the Province contain the original, large licence area applied for to accommodate breakwater features.

d) Marine engineering experts have considered the revised private moorage designs and noted that the natural conditions may be extreme at times and the likelihood of catastrophic failure of the docks or moored vessels (i.e. partial or complete destruction during a storm event) is considered to be high:

“On reviewing the CHS charts of Bowen Island I see that the SW corner of Bowen has a very short shelf before dropping quickly into very deep water (>100m) Even the shelf itself appears to quickly drop to at least 30m depths. To this end it might be useful to know that piles of over 20m~25m become extremely ‘flexible’ like spaghetti and, www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 10

regardless, a floating breakwater would provide little (if any) protection to the docks and the attending yachts. Without a breakwater the results are predictable! (Although on a much larger scale, this is something I deal with almost every day in my work).

I can guarantee that nothing short of a solid breakwater, with foundations on the seabed would provide the necessary protection for such an endeavour. Even then, because of its exposure to westerly environmental and surface conditions, the residual and reflected energy from the shore would make the facility unusable and unsafe for its intended use.

Herein lay a possible angle of meaningful criticism/attack. The risks to yacht/s moored in such an unstable, unsafe and exposed facility will without doubt lead to hull damage, breakaways and multiple sinking's. This, by extension, will lead to repeated pollution events as a consequence of on-board oil and fuel being released into the sea. The damage to sea and bird life is likely to be extensive. Clean-up expensive.” (email July 10)

e) A comprehensive review of the private moorage review and approval process, including detailed notes on navigation and safety issues, by Dr. Richard Wiefelspuett, Associate Dean, BCIT Marine Campus, is appended hereto in Schedule IV

FINDINGS:

i. TC conducted a partial review of the private moorages at Cape Roger Curtis, including a preliminary assessment of: a) Impact on shipping lanes b) Impact on navigational aids (lighthouse) ii. Ultimately, TC did not conduct a review of the revised private moorage applications iii. No assessment of the impact of the private moorage designs on marine use has been documented by any responsible government authority (BC, BIM, TC) with respect to: a) Impact on recreational boating, kayaking, paddle boarding, swimming, diving b) Impacts on recreational/sport fishing c) Impacts on navigation (shipping lanes, aids) with the addition of large, moored vessels iv. No assessment of the impact of the private moorages on marine safety has been documented by any responsible government authority (BC, BIM, TC) with respect to the construction, use or (catastrophic) failure of the moorages

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SCHEDULE II: Petition Names – Stop the Docks Campaign (April 30 - July 7, 2013)

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 12

Stop the Docks at Cape Roger Curtis

We oppose the construction of docks on the shores of Cape Roger Curtis. We urgently ask Bowen Council, the BC Government & the Cape landowners to take immediate action to keep the Cape waterfront in its natural state.

This list contains 1267 people July 7, 2013

Errors, typos and omissions are possible, with our apologies and regrets! You can see the petition names online at: http://stopthedocks.ca/who-cares/

Cheryl Ackerman • Deanna Adams • John Adams • Mike Adams • Patricia Adams • Robert Adams • Brenda Addison-Jones • Guenter Adolphs • Helga Adolphs • Susan Alexander • Wendy Alexander • BJ Allan • Danielle Allan • Lissy Allan • Sheila Allan • Suzanne Allan • Buff Allen • Claire Allen • Joan Anastasiou • Kip Anastasiou • Dee Anderson • Doreen Anderson • Gord Anderson • Maurice Anderson • Anonymous • Jenny Anstey • Ira Applebaum • Trish Arnes • Lorraine Ashdown • Sheena Ashdown • Helen Ashmore • Blair Atkinson • Chris Atkinson • Christine Atkinson • Anonymous • Hinda Avery • Lisa Avery • Anne Ayre • John Ayre • Surinda Bacon • Alison Baker • Anita Baldwin • Bruce Baldwin • Huck Baldwin • Judy Balko • Jeff Ballou • Jeremy Bally • Marcel Bally • Jlonka Bally Brown • Marian Bantjes • Tony Bar • Gillian Barker • June Barnwell • Anonymous • John Barr • Sue Barr • Chet Barrett • Lisa Barrett • Andrea Bastin • William Bates • Marc Bauer • C Bawden • Warwick Bay • Catherine Bayly • Jeb Beach • Alison Beale • Carolyn Beaty • Fiona Beaty • Ian Beaty • Joan Beaty • Karen Beaty • Anonymous • Len Beaty • Mark Beaty • Ross Beaty • Trisha Beaty • Pierre Beaudry • Libby Beck • Lisa Beck • Lucy Beck • Martin Beck • Quentin

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Beck • Tony Beck • Shayla Beedie • Steph Begg • Summerly Begg • Hans Behm • Anonymous • Hans-C Behm • Jonathan Bell • Liz Belluk • Reed Bement • Gillian Bennett • Guy Bennett • Jonothan Bennett • Sara Bennett Fox • Debbie Benson • Ted Benson • Barbara Best • Zoe Bezpalko • Lisa Marie Bhattacharya • Anonymous • Shabir Bhimji • Barb Bingham • Birch • M Blackwall • Alan Blair • Dorothy Blair • E Booth • Tony Bosley • April Bosshard • Gabriel Bouthead • Jackie Bradley • Gord Braener • Ross Bragg • Debra Bram • Susanna Braund • Dawn Brett • Marla Brillinger • D Bristow • Stuart Bristowe • N Broderick • Court Brousson • Adelle Brown • Amber Brown • Bill Brown • Christian Brown • Cindy Brown • P Brownsey • Roger Brownsey • Ian Bruce • Shirley Brunke • Larry Bruton • Damien Bryan • Anonymous • Cathy Buchanan • Diane Buchanan • Carol Buckner • Luz Budzinski • Adeline Bueckert • Magi Bullock • Gale Burdock • Liz Burdock • Trevor Burdock • Juliee Burrows • Don Bury • Felicity Buskard • Jim Bydak • N Cagalese • Rob Cairns • Phil Calder • Anonymous • Rebecca Calder • Ed Callaghan • Ann Cameron • David Cameron • Bawn Campbell • Keith Campden • S Campden • Rick Cannell • Dennis Cannon • Leanne Caradeen • Michelle Carchrae • Tom Carchrae • Phil Carlington • Bill Carr • Iris Carr • Jani Carroll • Richard Carroll • Brenda Carson • Anonymous • Jazzmin Carson • Susan Carson • Tim Carson • Bill Carter • Suzy Casilio • Wendy Cellick • Joy Celline • Roy Celline • Abe Chaiton • Rob Champoux • Joe Charles • Jan Chilvers • Trish Chinnery • Andre Chollat • Gerry Chow • Ruth Christie • Bronwyn Churcher • Dale Churcher • Martin Clarke • Sue Clarke • Jean Cleator • Leah Cline • Barabar Clow • E Coburn • Anonymous • Marco Coda • Lise Cole • Shawn Cole • Mary Coleman • Joan Collins • Marian Coope • R. Cooper • Jen Cormack • Mark Cormack • Sean Corney • Lauren Cornwell • Chris Corrigan • Julia Courtnay • Margaret Coutts • Dan Cowan • Karen Cowper • Al Cox • Nancy Cox • Peter Cox • Carol Cram • Anonymous • Brian Creswick • Pamela Creswick • Sara J. Crossen • Jane Cruz • Robyn Culter • Sarah Cumming • Tarla Curran • Joy Currnan • Sarah Curry • Michael Curtis • Safron Cy • Gurston Dacks • F Dale • John Dale • Judith Dale • Viire Daniels • Ian Davidson • Cara Davies • Eric Davies • Jeffrey Davies • Jonathan Davies • Nancy Davies • Shawn Davies • Tim Davies • Ronald Davis • Kenlp Daw • Neil Daw • Sandra Dawson • Liesl De Beer • Robin De Zwart • Ella de Meester • Cindy DeConnick • Donnita Deen • Meribeth www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 14

Deen • Babette Deggan • Anonymous • MaryEllen Degrace • Daniel Dekker • Sean Delaney • Andrew Delong • David Demner • Chelsea Denholm • Alex Denis-Lay • Jeff Derbyshire • Kim Desante • Terri Dewar • Elizabeth Dhont • Betty Dhont Tigs • Pam Dicer • Jens Diricks • Jo Anne Docker • Heather Doherty • Richard Dohmeier • Anonymous • Pam Dominelli • Jamie K Donaldson • Heather Dorman • Jim Dorman • Nancy Dorman • Stephan Dorman • Bob Doucet • Steve Dougherty • Anonymous • Brett Dowler • John Dowler • Lenya Dowler • Wolf Draegestein • Allene Drake • Erinne Drake • Gillian Drake • C Drew • Georgiana Drew • Rick Drew • Tom Drews • Peter Drummond • Scott Ducharme • Harvey Dueck • Anonymous • Jane Dunfield • Elizabeth Dunlop • Bridget Dunne • Fraser Durrant • Pat Durrant • Lisa Duval • Jane Dyson • Rogers Eaman • Judi Eden • Mich Eden • Mark Edmonds • Janet Effan • Brent Ehrl • Kim Eifler • Anonymous • Frazer Elliott • Mike Epp • Paul Epp • Mayran Erfani • Ginger Erskine • Sarah L Estrange • Liz Evans • Ted Evans • Karla Everitt • Nathan Evetts • Alice Ewart • Danny Ewart • Keith Ewart • Theresa Ewat • Benjamin Faber • Joanne Fallow • Nick Faragher • Deidre Farah • Georgina Farah • Anonymous • Josie Farrell • Paul Fast • SueEllen Fast • Patricia Fentie • Bob Ferguson • Gayle Ferguson • Louise Ferguson • Stephen Fisk • Tatin Flad • Doug Fleetham • Ralph Fleming • Ruben Fleming • Hanna Ford • Anonymous • Gwen Forrest • Kit Fortune • Stephen Foster • Isaac Fox • Anne Franc de Ferriere • Steve Frazer • Tracey Frazer • Keren Freed • Neve Freed • Rina Freed • Ursula Freed • Debby Freima • Dallas Fresman • J Fretwurst • Alejandro Frid • Leonardo Frid • Nicholas Bradford Fritz • Anonymous • Caitlin Frost • Peggy Frulling • Soian Fry • Lynn Fuhr • Britt Fuller • Valerie Fuller • Donna Fullerton (née Sbragia) • Kathy Gagner • Gail Gallander • Gabrielle Garcia • Lesley Gaunt • Elizabeth Gautschi • Paul Geddes • Val Geddes • Dorothy Geisler • Ted Geisler • Anonymous • Susan Geist • Jerry George • Fred Ghatala • Wade Gibbons • D Gifford • Dirk Gigling • Len Gilday • Matthew Gildersteene • Katherine Gish • Shauna Goodrich • Anonymous • Kelley Goodwin • Saskia Gould • Billi Gowans • David Graff • Elaine Graham • Paul Grant • Jane Gray • Matt Gray • Moira Greaven • Gloria Green • Lachie Green • Susan Green • Anonymous • Alison Greig • Audrey Grescoe • Paul Grescoe • Dorothy Griesbrecht • Frank Griffiths • Darla Grohne • Raef Grohne • Myah Grundy • Anonymous • Payton Grundy • M www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 15

GRVFT • Paul Guencette • Morris Guerney • Andrew Gurlay • Anonymous • Natalie H • Russell Hackney • Wendy Hackney • David Hadrill • J Hadrill • Joan Hadrill • Sarah Haggerstone • Sheila Roote (Haggerstone) • Sharon Haggerty • Davina Haisell • Heather Haley • Linda Halischuk • Bill Hall • Jennifer Hall • Susan Hall • Andy Hall-Patch • Anonymous • Vanessa Hall-Patch • Robert Hamel • Dale Hamilton • Keona Hammond • Neil Hammond • Jenny Hanen • James Hangarey • Alicia Hansen • Ron Hansen • F Harder • Roberta Hardie • Gary Harman • Michelle Harrigan • David Harrington • Melissa Harrison • Anonymous • Glenn Harse • Brian Hartwick • Tim Hausch • Patrick Hawkes • Sarah Haxby • Ellen Hayakaura • Cam Hayduk • Kat Hayduk • J Hayes • Miles Hayes • Will Hayes • Hayward • Anonymous • John Hazell • C Headley • Corrina Headley • Jack Headley • Daniel Heald • Elsa Heath • Jon Heath • Kann Heath • Margaret Hecker • S. Hecker • Charmain Heffelfinger • Matthew Helm • Anonymous • Richard Helm • Jason Hendyrson • Freja Henrichsen • Lotte Henrichsen • Per Henrichsen • Jen Henrickson • Carlos Henriques • Dan Heringa • Donald Heth • Susan Heth • J Hickling • Laura Higgins • Colburn Hobrook • Anonymous • Brian Hodgins • Heather Hodson • Susan Hogan • Matt Hogg • Adam Holbrook • Jane Holland • Rory Holland • Nedenie Hom • Bob Hooper • Doug Hooper • John Hooper • Mary Hooper • River Hooper • Robyn Hooper • Paul Hooson • Alica Hoppenrath • Irmi Hoppenrath • Anonymous • Andy Hoppenrath • Mal Hoskin • Rick Hovey • Kim Howden • Susan Howe • Howl • Tim Hoynihan • Thomas Hubbal • Karen Hughes • Hughes • Caroline Hurd • Andrea Hurlburt • Tracy Hurst • Will Husby • Cheryl Hutton • Trent Hutton • Charly Huxford • Anonymous • Ingela Hyatt • Cat Immen • Todd Ingram • Corinne Ives • Shantel Ivits • Dana Izdebski • Eryn Jackson • Marc Jalbert • Elaine James • Kevin James • Lisa James • Oli James • Ryland James • Jean Jamieson • Laura Jamieson • Boysen Jay • Earl Jenkins • John Jensen • Anonymous • Julie Jensen • Caro Johnson • D. Johnson • Sheree Johnson • Amanda Jones • Carol Jones • Elaine Jones • Trevor Jones • Jay Jubenvill • Kim Juneja • Conrad Jurushka • Ture Kallstrom • Kami Kanetsuka • Kim Kassasian • Mary Kastle • Rudi Kavanic • Mitsumi Kawai • Sue Kay • A Keane • Peter Kearney • Cindy Keep • Corbin Keep • Anonymous • Carole Kemble • Francis Kemble • Roberta Kennard • Gail S Kenner • Vera Keogh • Eva Kepesora • Bob Kerr • Heather Kerr www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 16

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Chantel Wingheld • Anonymous • Peter Winton • Sandra Winton • Maureen Witney • Dave Witty • Marg Witty • Jayne & Kornel Wolters • Katherine Wolters • Tony Wood • Heather Woodall • Ron Woodall • Melanie Worobec • Bonnie Wrenshall • Jeanette Wrenshall • Bruce Wright • C Wright • Fiona Wright • Jeremy Wright • Robert Wright • S Wriley • Anonymous • Karen Wristen • Cordell Wynne • Gil Yaron • Mai Yasue • Elisa York • Pere Youngson • Mary Ann Zakreska • Adriana Zamparoni • Imke Zimmermann • Oliver Zimmermann • Silvaine Zimmermann • Hayes Zirnhelt • Joanne Zutter • Andrea • Anonymous • Anonymous • Anonymous • Anonymous • Anonymous • Daphne • Jeffray • John • Kamile • Kanatiio • Laurisse • Tim • Viggo

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 21

SCHEDULE III: Petition Comments – Stop the Docks Campaign (May 11 - July 7, 2013)

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 22

Stop the Docks at Cape Roger Curtis

Comments from concerned citizens (May 11- July 7, 2013)

Here are comments people have submitted while signing the online version of the petition. Errors, typos and omissions are possible, with our apologies and regrets! You can see this document online at stopthedocks.ca/cape- dock-comments/

Mike Adams I grew up around Roger Curtis in Tunstall Bay. As a kid we would venture out onto the beaches and explore the tidal pools and the light house. The dock project will undoubtedly spoil this opportunity for others to enjoy. By creating this exclusive enclave we are limiting access and the enjoyment of the environment for others. These structures will create an eyesore on a beautiful coastline. Stop the docks!

Anonymous A real shame that by-laws aren't in existence to block this

Anonymous Are they nuts!!!!!!!!!!!

Anonymous Cape Roger Curtis is a natural wonderland and these large docks must be stopped. What do they do to the marine environment, What will be the next opulent structure that these residents will want to do ?

Anonymous Cape Roger Curtis is such a beautiful place, it should be kept in its natural state.

Anonymous I don't believe it is appropriate for private landowners to build structures on public lands and in environmentally sensitive areas for their own benefit. I think this project should not be allowed or a more appropriate alternative be found.

Anonymous I have read quite a bit about the size of the docks and the way they will be built and their ultimate impact on the intertidal zone and beach area. I do believe this does not fit in with the vision most people have for Bowen, including people on former councils and the Islands Trust. Once done it is a mess not easily undone, as we have seen with other similar situations in the area. The best solution is low impact, which these docks definitely do not lean toward.

Anonymous I think that these docks are going to spoil an extremely beautiful coastline that has no match on our island.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 23

Anonymous I thought another in the seemingly endless list of plans for the alternate ways to line-up for the ferry was a more important issue.

Anonymous I visit Cape Roger Curtis often and do enjoy the natural state of the point and the land around it. I am surprised that a private dock would be allowed by the government along this shoreline.

Anonymous It's a shame to ruin such a beautiful coastline (the primest real estate in SW B.C.) that is not a natural harbour. By building huge breakwaters such the one built on nearby Popham Island (which, in the end, the proposed marina never materialized ) would be an irreversible mess. So much for respecting the "natural beauty of the area".

Anonymous Me and my family LOVE this area. My grandparents live here and love it and now my three year old, Maxwell, has fallen in love with it. This property will be in our family for generations. Please don't build a dock here!!!

Anonymous Our oceans need to be protected in every way possible. The future ocean traffic that these docks would facilitate would be extremely detrimental to the ocean's eco systems and surrounding shorelines. For these reasons I am opposed to these structures being erected.

Anonymous Please do not reduce the precious already limited public space on Bowen Island. A few docks will be enjoyed by a handful of people, but will contribute to the ruin of Bowen Island for the rest of the residents of the island and its visitors.

Anonymous Preserve nature!

Anonymous This is a fantastic piece of shoreline that is easily accessible. It would be a shame to block it with large docks.

Anonymous This is a very special piece of coastline. Let's not wreck it with long docks. It would be amazing if Edwin Lee and Don Ho voluntarily choose to keep this coastline as it is now. They will be heroes of the community!

Thank you Edwin Lee and Don Ho for thinking carefully about this.

Anonymous What an eyesore this will be. Surely there could be a compromise with the residents. Why is it necessary to have a dock at each lot? Could there not be one public dock for the community? Will all these docks withstand the changing weather conditions? This needs a rethink!

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 24

Anonymous We are rural for heaven's sakes Let's consider just how fortunate we are. Please do not spoil our wonderful little island.

Hinda Avery In the public interest, please stop the construction of the docks on Bowen Island.

Jeremy Bally I grew up here. I camped here. I love this place. This is not an appropriate way to use this space, nor is any way aside from leaving it in its pristine natural state. Leave it alone.

June Banwell Have led many hikes for the North Shore Hikers on Bowen Island along the coast to the lighthouse area. It is so beautiful - it would be a travesty to even think of docks being placed there. It was bad enough to have a concrete road put there. Please leave this area as it is now, so that we may still enjoy its natural beauty. Sue Barr I would like to have our current Municipal government looked into by a governing body as I have lost all confidence in its competency.

Lucy Beck I was hesitant to sign the petition, even though I saw it every day at work. I didn't know what the big fuss was about. I had more-or- less given up on saving much out at the Cape. I mean, there's already going to be houses out there, something that I never foresaw happening when I was a little kid going on walks with my folks... What difference can a couple little docks make?

I had no idea about the size of the project, or the location, or how it would impact the so-called "public" spaces out there. I was never really pleased with the owners before, but now...frustrated is putting it mildly. Thanks so much for your efforts!

Gillian Bennett STOP THE DOCKS THE SEASHORE BELONGS TO POSTERITY

Sarah Bennett Fox This is a very special piece of coastline. Let's not wreck it with long docks. It would be amazing if Edwin Lee and Don Ho voluntarily choose to keep this coastline as it is now. They will be heroes of the community! Thank you Edwin Lee and Don Ho for thinking carefully about this.

Tony Bosely If only 4 rich guys can make a decision that will forever mar the landscape, without any requirement for approval from the Bowen Island community itself, then something is terribly wrong with our system. That alone is reason enough to halt this project immediately.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 25

Court Brousson Too large, too many

Philip Carlington The title of the petition says it all for me!

Ruth Christie I agree whole heartedly with this statement: "the beauty of this area will be forever scarred to satisfy the interests of four private property owners." I oppose the construction of these docks at this strategic place for a priceless resource in BC - the beauty of its physical features - Cape Roger Curtis is one that should be kept beautiful. Please don't allow the construction of these docks, Thank you.

Marian Coope How can the owners of this property contemplate building docks so out-of-scale with this landscape! And to be placing private docks on public property seems to me to be completely wrong. Above all, as a naturalist, I agree with the sentiments expressed on this page: "We respect the environmentally sensitive aspiration expressed of the owners'website. We feel that leaving the shoreline as it is would prove the sincerity of their mission statement.

Carol Cram Please don't let a few destroy what the many so enjoy.

Michael Curtis Allow it TO BE - the biotic community, its life forms, its families, its habitat.

Gurston Dacks My family and I have delighted in the views at Cape Roger Curtis for three decades, and are profoundly dismayed that a few people would wish to deny the beauty of this experience to so many. We urge the Bowen Island Council to take vigorous action toprevent this from happening.

John Dale Very disturbed hearing this awful news. The West Coast is slowly being ruined by this sort of action and putting pressure on the Natural areas.

Viire Daniels A classic example of why The Roger Curtis area should have been turned into a park, protected area or marine reserve in the first place. Perhaps the landowners building these docks, might like to donate the cost of this massive dock project to an organization who works to protect the marine landscapes in British Columbia. How selfish to do what they are doing and what a glaring example of how ineffective DFO is in doing their job!

Gillian Darling Kovanic When the Lees and the Hos recognize the natural beauty and ecological values of Cape Roger Curtis on Bowen Island this will truly be a day to celebrate.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 26

Eric Davies Bowen Island's current pro-development-at-any-cost Municipal Council must be stopped.

Neil Dawe We are totally against the docks at Cape Roger Curtis.

Andrew Delong This is beautiful land which has incredible untouched views and lands. Keep it for our future generations to enjoy.

David Demner It's unbelievable that this would be allowed. We need to stop it.

Kim DeSante don't spoil a beautiful place

Wolf Draegestein I think I have signed the paper petition already.

Brent Ehrl Cape Roger Curtis Waterfront should be left in its natural state!

Georgina Farah This particular coastline is very unique and must be preserved. The docks are enormous and completely out of proportion for such a sensitive habitat

Doug Fleetham These are docks that were being constructed prior to municipal review. The land has been a public beach and is being conscripted fro private use. The construction needs to stop.

Isaac Fox I've grown up visiting my grandparents on Bowen Island. I'd like, for their sake and for the sake of all the islanders, to keep Bowen as peaceful as it has always been. It would be a shame to ruin the tranquility of the island and I vehemently oppose the construction of docks that will endanger coastal habitats.

Leonardo Frid Clams and mussels draw the line, below high tide it's yours and mine. Stop the docks, leave the rocks. We want to see the sunset on the sea, keep the shoreline wild and free.

Donna Fullerton (nee Aside from the fact that I grew on Bowen Island and have many Sbragia) great memories of camping and hiking along Cape Roger Curtis coastline and beaches - the proposal to build huge docks destroying this amazing waterfront makes no sense - why ruin a gorgeous coastline for generations to come, and make irreversible damage to the environment and natural habitat to serve a couple wealthy homeowners? This is not the Bowen I know or grew up with.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 27

Val Geddes The planned docks are for the benefit of a few individual families, to the marked detriment of the beauty and biology of this magnificent area. Council should act immediately to halt work on the docks. It should then reassess its position and find a solution. In my opinion, Council inaction so far in preventing this degradation of the shoreline is deplorable.

Elaine Graham I support the people of Bowen Island who feel this project is not in keeping with their natural landscape. Who better to understand and care for their immediate environment than the people who are part of it, and have been for many years.

Sarah Haggerstone As a Bowener from childhood until the end of university I know how special this place is, and I know how the presence of docks (and the associated boats, chemicals and traffic) can change the character of a place forever.

Richard Helm These docks are massive - totally out of scale of other private docks built on Bowen over the years. These approvals by all levels of government do not reflect the public interest in this unique landscape - the Northern entrance way to Vancouver Harbour. This is a very rugged coastline of tidal pools and heavy seas - not appropriate for private docks.

Jayeson Hendyrsan Seems like some kind of fishy happenings have been going on...... has there been proper due process?

Sue Hetherington I think that these docks are going to spoil an extremely beautiful coastline that has no match on our island.

Mary Hooper This sort of habitat should remain undamaged & available to the public for everyone's enjoyment. Also, It has high educational value so should remain in the parks system. It may not be an endangered ecosystem at the moment, but it is our duty to protect it now.

Irmi Hoppenrath Yes, keep the waterfront in its natural state!

Lisa James Surely the docks can't be necessary ... their length and location are very questionable.

Ryland James Amazingly beautiful spot with a great community.

Earl Jenkins Pro-development but against the docks

Kami Kanetsuka Cape Roger Curtis is for everyone and although much of it has been developed, it is still necessary to at least save the shoreline for the benefit of all.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 28

Peter Kearney Perhaps one communal dock for the Cape would be a workable compromise?

Gail S Kenner WHY are PRIVATE docks being constructed on PUBLIC lands/shoreline?

The owners have much to say on their website, TheCapeOnBowen.ca, about respecting this amazing, sensitive environment but their actions are completely contrary to the sentiments expressed.

Why did construction continue after the owners were requested by council to cease construction? Marilynn King These docks would destroy the ecosystems which are very important for all species using these waters. Andrea Klann Stop the docks AND the clear-cutting NOW!!!

Rob Knight Can we appeal the BC foreshore lease to the BC Environmental Appeal Board?

Samantha Knowles How can we have a connection or relationship to our natural world and environment if we are constantly trying to change, dominate or manipulate it. Some areas need to stay wild and free... this is definitely one of them.

Linda Koch I have taken many trips to the area with Nature Vancouver groups to enjoy the natural shores around the island. I am appalled at this proposal.

Jane Kokolakis I spent my summers on Bowen Island and my sister lives there permanently. Roger Curtis is one of the most beautiful place to walk, picnic, and camp. It would be terrible to destroy that beauty.

Tanis Layzell Please do not ruin the last pristine beaches with docks that will be an eyesore and boats will bring noise, oil slicks, fumes, and holding tanks with no seals or close by pump out station. I swim far out in these secluded beautiful beaches and want my grandson to be able to enjoy the same years from now.

Laurisse It is absolutely ridiculous that they would gain permission to destroy such an iconic space on the island.

Mark MacLeod I don't see why these docks are necessary..... Rene Mandigo Has the Green Party waded in on this yet?

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 29

Jess Marshall This is a totally unnecessary development, which will only serve to benefit the owners in selling the lots in a suppressed market.

We are beginning to think council want Bowen Island to become just another generic suburb of Vancouver - think . Housing developments with trees, and little else to sustain the soul.

The poor folks on Whitesails, who have to endure all the trucks ruining what was once a peaceful street.

We're fearful for Bowen's future, this development will only benefit the owners of CRC and their clients and do severe damage to the environment. Sad times for Bowen.

Stewart Marshall As a relatively new Bowen Islander I find (about 2 years) the Cape Roger Curtis story astounding. Astounding and appalling.

Matt Maxwell I strongly urge Council to listen the voice of the community & stop construction of the Cape Roger Curtis docks.

Norma McCrthy Please, Bowen Council, at least TRY to turn this around. You may think it's too late now, but maybe it's not. Please, put aside the past and just try. Karen McGregor Several months ago, when the plans to build these docks were first made public, I walked into the Municipality office and asked how this could have been allowed to happen, and queried with them that I thought no-one could own the beach/waterfront, and likened the size of the proposed structures to land reclamation. One of the staff referred me to a huge file and told me that all information was and is readily available to the public...

Elizabeth Milward I have family on Bowen and have visited the Cape a number of times. It is a beautiful spot, with somewhat different ecology from the rest of Bowen Island. I think it is worth preserving.

Adam Morton Only a few residents of CRC would have these docks, but they all would be the objects of hostility. Who would buy a place under those conditions?

Adam Morton The docks are so unpopular they will make it hard for people buying properties in CRC to have friendly relations with others on the island.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 30

Betty Morton I think that both the docks and the hedgerow are infringements on the intention of agreements made for public amenities at Cape Roger Curtis. These amenities were to protect the ecosystem and aesthetic beauty of the Cape as well as to provide public access. The structures and plantings need to be removed. Kathy Murphy Absolutely unacceptable...... NO ONE has that much money that they buy the seafront.

Wynn Nielsen These giant docks, if they go ahead, will set an unwelcome precedent for CRC and for the island. They compromise a vulnerable marine "nursery" for Howe Sound, they will obliterate the Natural Beauty of the small bays and area, make it difficult, if not impossible, for the public to access and enjoy the public beaches. If even more property owners want private moorage over time the proliferation of docks in that small point of land will likely create, in practical terms, a large private marina. Not the vision and certainly not the promise given by the developers to respect the unique and sensitive environment and islanders feelings and long standing relationship with the Cape.

Chris Oben This area is pristine waterfront that attracts both people and wildlife supporting and enhancing the quality of our lives. There are many other established options for docking vessels in Bowen Island waters. Cape Roger Curtis does not require additional infrastructure to accommodate personal vessels.

Chris Oben Edwin Lee and Don Ho, Please help preserve the natural state of the marine environment at Cape Roger Curtis by stopping construction of private docks on public waterfront immediately. Sincerely, Chris Oben

Amanda Ockeloen Don't ruin our shared beautiful coastline!

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 31

Carolyn Peters I visit this area once per week and am surprised that the plans for the docks (I can see the footing being installed in the beach) cut each beach literally in half and will definitely restrict us visiting the tide pools and rock areas. We feel personally offended by the "private" signs everywhere as we have paid taxes on this Island for 14 years. The shore line and beaches as far as I know, are supposed to be for all to enjoy. Why doesn't the municipality pick one dock area and make it private on one side and public on the other. Do not allow any other docks to be built. Also install a free boat launch for all of us as Bowen is lacking this. If one dock were build it would serve all of Bowen and leave the rest of the shore line undisturbed. Please also remove the "Private" signs right away. Also when the trees that were planted along the path grow larger it will stop the view in some areas. Please remove these trees as well. I also noticed that there are 2 dead baby dear on the shoreline bluff. I realize that every year this happens due to the cold, but this winter was not cold. Did the mother abandon their babies due to all the construction?

Picard I've been living on Bowen for 4 years and I love Cape Roger Curtis, in fact it's my favorite spot on the island. I can't believe what Mr. Ho said in the Vancouver Sun newspaper, it will of course affect the environment.

Malcolm Pitches Keep our waterfront in its natural state. Strongly object to docks being built. Malcolm Pitches I will be looking straight at the docks. Do I get a reduction in my taxes for the lower property value?

Greg Pollard Good Luck... The government has left us "hanging" !

John C. Poole What is good for West Van - no shoreline docks - should be good for Bowen in its pristine environment.

Gordon Reid Cape Roger Curtis was the last un-subdivided piece of property of this size, with this length of coastline, on the East side of Georgia Strait from the U. S. border to Lund. It was unfortunate that a large section of it couldn't be saved for park.

Now that it has been subdivided and will be developed - the very least we can do is to keep the publicly owned foreshore clear of docks and maintained in a pristine and natural condition as is the policy in other high valued and more progressive communities.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 32

Sheila Roote (aka As a former Bowen Islander and frequent visitor I oppose these Haggerstone) dock for several reasons: desecration of sensitive intertidal zone; visually disruptive to a beautiful landscape; incredibly impractical. This shoreline is subject to the full force of storms throughout the whole year. How on earth will these docks survive a storm of the magnitude that destroyed the forests of Stanley Park a few years ago? Bowen has wonderful protected docks in Snug Cove available for everyone, please use them.

Robert Semeniuk Such ignorance Such mindlessness Such insensitivity Such narrow perspectives These are Bowen Island Taliban Jane Srivastava Surely it is not necessary to build so many, and so large docks. I wonder why people who want to sell the beauty of this location would begin by changing it so drastically????

Eric Steffensen I visit Cape Roger Curtis often and do enjoy the natural state of the point and the land around it. I am surprised that a private dock would be allowed by the government along this shoreline.

Katharine Steig All of Cape Roger Curtis should have been protected decades ago. Its waterfront should at least be protected to the greatest degree possible.

Claire Stewart As someone who has enjoyed hiking around the shores of Roger Curtis for more than 20 years, I am horrified to think that this piece of Bowen could all become private and off limits to the public. And, the whole thing was done in such a sneaky and sleazy manner. I rather thought, judging by the size of the project, that BCF was opening a west side terminal. It's appalling.

Jean Stewart Stop the huge docks at Cape Roger Curtis. Bowen Island should be preserved for the peoples' enjoyment, not for commercial use.

Elizabeth Storry Strongly object to construction of private docks on the shoreline at Cape Roger Curtis, Bowen Island.

Neil H. Talbot As a visitor to Bowen Island I cherish its rugged pristine landscape in the grand setting of Howe Sound, and deplore the construction of industrial-scale docks there.

Jim Taylor no, no, no we are not a cruise ship destination, for heaven’s sake

Judy Taylor Hello? We are a very small, rural island.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 33

Beverly Thomson I fully agree that public areas need to be protected for the public good. It's a principle BC’ers share.

David Thomson I sailed past Cape Roger Curtis last weekend, along with many other boats, and had an opportunity to imagine what this large infrastructure would look like. Visualizing four large docks sticking out up to 300 feet from shore was a deeply disturbing experience. It is one thing for a private land owner to build on their land - it is entirely another, and completely unacceptable, to take a highly visible and valuable public asset - the foreshore and the coastline - and destroy it for all future generations. What is even more troubling is the relative value of these docks. Anyone who knows this area knows it is buffeted by large winds and waves much of the time and will make using the dock a risky and unlikely proposition. If these docks are built they will be unusable much of the year but will be an awful visual blight, not to mention an ecological one, every day from now on. This inane project must not be allowed to proceed.

David Van Berckel The Mayor and Council should be held responsible for dereliction of duty, for not expressing their professed opposition to the construction of the docks the the province of BC.

Mark Vanderbyl As a private yacht captain I have cruised past Cape Roger Curtis many times and appreciated the natural beauty, as have my guests. Large docks and private piers of this nature are clearly not in the interest of the environment nor the general public's interest. They are only in the interest of a very select, small handful of people. I find it interesting that it appears that these foreshore leases were granted with very little, if any, public discussions.

Dennis Vetter Please keep this iconic place in it's pristine condition ... it is simply a travesty to defile it with docks.

Janice Wallace Please keep this area free of intrusive construction -- no docks!

James West Severing the foreshore with unsightly and exclusive docks is a blatant and belligerent attempt to monopolize all Bowen Islanders' natural heritage. It is also a clear violation of the Official Community Plan, and will result in long term resentment against the Ho's, the council, and anyone who lives at Cape Roger Curtis.

James West Let's have a referendum on encumbering public beach access with incompatible private marine facilities!

Jason White This should not be allowed. Let’s show some leadership and foresight, not greediness and mismanagement.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 34

Lily Whitehead- I grew up on Bowen and always enjoyed walking along the Delong beautiful shoreline of Cape Roger Curtis. I would like my future children to be able to experience the same.

Patti-Jo Wiese Please - please - please. No.

Richard Wiefelspuett “Stop the docks" makes sense, i.e. common sense! Why should the common interest of the greater public be sacrificed over the interest of four private owners? Why should irreplaceable and unique nature be allowed to be destroyed? Which council would be blunt and mad enough to disenchant the population it was elected to represent and support the interests of four private investors instead? Which council would sit back and do nothing but to declare the case closed? This has "Conflict of Interest" written all over it and deserves the toughest of public scrutiny!

Renate Williams Thanks for taking this initiative.

Tony Wood Have these proposed docks been reviewed and approved by Provincial and Federal Environmental Impact Assessments? What about the DFO?

Silvaine Zimmermann Destroying the last vestiges of nature on this much loved shoreline is a total travesty.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 35

SCHEDULE IV: Open Letter to from Dr. Richard Wiefelspuett (July 11, 2013)

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 36

Dr. Richard Wiefelspuett 1645 Whitesails Drive Bowen Island, V0N 1G2

July 11, 2013

“Who let the docks out?” - Pier1 Pressure at BIM, BIIA et all

An Open Letter (BIM Council, BIIA)

Preface

The purpose of this open letter is to enrich the discussion and provide additional information on the planned docks on Cape Roger Curtis and to add some new perspectives on the issues raised. It also posts a number of open questions and concerns related to the conduct and process of Bowen Island Municipality (BIM) in this context. Ultimately the letter is intended to achieve a suspension of all construction activities on the foreshore of Cape Roger Curtis.

This letter demonstrates that many aspects of the review and approval process related to the planned docks on Cape Roger Curtis have not been sufficiently addressed to provide a substantiated basis for a decision on the planned docks. Throughout the letter I make reference to Bowen Island Municipality Council meetings on record and the recent Bowen Island IMPROVEMENT Association (BIIA) mailer (Bud Long) and the copy of Tim Rhodes’ blog reproduced therein. In the following I do not differentiate between the comments made by BIM Council, Tim Rhodes or Bud Long. Their ideas and intentions appear well aligned.

1) Why? Why does BIIA bother sending out a 4 page mailer to each and every mailbox on Bowen Island without telling anything at all that is not already known? The mailer presented no new information, only a rehashing of the stale lament that “…we could have had it all…” if it hadn’t been for the previous Council’s omissions or short-comings. “Get over it!” to quote Jack Adelaar (with reference to the docks, BIM Council Meeting, 6 May 2013). It is irrelevant what previous Councils did or didn’t do. It is 2013 and this Council (http://www.bimbc.ca/council_members) is in charge now. This is your watch! You represent the people of Bowen Island. You have to live up to your claims of doing what is best for Bowen Island. This is your mandate and it is you who will be measured against it, not any previous Council members. Get with it!

2) Legal advice Ever since the first concrete foundations have been cast on the pristine foreshore rock formations of Cape Roger Curtis at lot #13, on your watch, BIM Council has presented itself in back-paddling mode and without any teeth, except maybe for biting its own constituency. The BIIA mailer is just another one of these “we had no other choice” excuses without explaining in any detail how the present Council arrived at this defeatist conclusion. The mailer would have been worth its money if it provided at least some transparency related to records in the custody or under the control of the Bowen Island Municipality, individual Council members, and contract

1 Pier - a raised structure, including bridge and building supports and walkways, typically supported by widely spread piles or pillars www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 37

planners with regards to the legal advice sought and received re. the application for and construction of docks on Cape Roger Curtis, including the date(s) legal advice was requested, individuals consulted, questions asked, answers received, fees paid, and related information. But none of that is shared.

Conversely, the legal advice provided by the Stop-the-Docks Coalition has been shared publicly with Council and published in the media. On this basis we all know where it comes from, we know that it was provided by an established law firm, it is traceable and well documented and most importantly we learn that according to this advice BIM Council did have another choice.

It is disturbing that the independent received legal opinion obtained by the Coalition reaches a conclusion completely contrary to the legal advice cited repeatedly by Bowen Island Municipality and its Council members, as both groups should have similar interests and outcomes in mind for Bowen Island.

But, for reasons unexplained, the general public is excluded from BIM’s legal advice. The BIIA mailer simply repeats what is already on record in a video-taped Council meeting (6 May 2013). The same general statements were reiterated by a number of Council members during the meeting (http://stopthedocks.ca/not-on-the-agenda/). While the video is revealing in its entirety for both the tone and content, the following timeline helps to locate statements made during the session relevant to BIM’s legal advice:

Elapsed Comments Time 18:53 Councillor Wolfgang Duntz asks: “What makes you believe that we did not have legal advice on this matter?” 19:50 Councillor Wolfgang Duntz: “…Council has done everything what they could within legal bounds following legal advice…..and you will understand that Council is well advised to listen to the legal advice, which we have done.” 21:38 Councillor Wolfgang Duntz: “…I’m not a lawyer, I’m not in court, we have legal advice.” 23:25 Mayor Jack Adelaar: “…we have limited jurisdiction over what we can approve and what we can’t approve.” 23:56 Mayor Jack Adelaar: “Listen Melissa, I understand that you guys are really concerned about the docks. We have done everything that we can within our power, within our jurisdiction.” 25:23 Councillor Cro Lucas: “We haven’t said a lot because all issues related to Cape Roger Curtis were dealt with in closed meetings…because we were dictated to have them in close meetings…and because of that there are issues regarding Cape Roger Curtis that we can’t discuss….” 28:25 Councillor Tim Rhodes: ”... the legal opinions we have had don’t support what you (Melissa Harrison) are saying. We’ve been acting under legal advice.” 28:35 Mayor Jack Adelaar: “And we want to be very careful…But if we can’t legally do it …” 30:10 Councillor Wolfgang Duntz: “…We have obtained legal advice and we …followed legal advice.” 35:40 Councillor Tim Rhodes: ”That’s an interpretation of the law that you (Melissa Harrison) acquired and not the interpretation of the law that we received.” 40:50 Mayor Jack Adelaar: “We have already dealt with the issue…we’ve got legal opinions about all the things that we shouldn’t do…I’m sorry, either we go with our legal counsel or we don’t go with her.”

Almost two months have passed and there is still isn’t any more specific information and, for that reason, there is less and less confidence in the quality of the legal advice BIM is referring to. It would have been very helpful if the BIIA flyer had taken this opportunity to address this

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 38

confusion by providing transparent and detailed information, helping to clarify the contradicting legal positions.

Instead the mailer reiterates that, according to the legal advice received, BIM would have drifted without delay into a prohibitively expensive law suit destroying the fiscal health of the Municipality for generations to come. The mailer goes on to praise the BIM Council for its prudent avoidance of such an elusive legal battle. Further, it reiterates that the avoidance of legal action is in the public interest. Agreed! However, not in principle, not always, and not at any cost. The option for legal action should always be maintained as a last resort after all other available means of conflict resolution have failed. There are many steps between an initial disagreement caused by conflicting positions and a call to order in the court room. There are a number of ways to take a stand, to declare a position and to defend a valuable interest and to build support for a position by involving the public, by reaching out to other government agencies, by lobbying with neighboring communities, involving mediators, creating unwanted publicity and so on. But before any of these options were as much as explored, before the public was consulted, “The case is closed!”, to quote Jack Adelaar again (6 May 2013). BIM threw in the towel after a closed door session. And the concerned public is expected to fall in line and to simply accept this kind of inappropriate conduct. Well, that’s not going to happen!

Notwithstanding any of the above, the BIIA mailer continues to explain that “Unfortunately the municipality will now have to go to the expense of having our lawyer review and comment on Stop the Docks Coalition’s lawyer’s legal opinion…”. Why? Don’t you trust your own lawyer’s legal opinion? Or is it at all possible that that “legal opinion” relied on by BIM Council was nothing but unpaid, informal, off-the-cuff advice casually offered over a coffee?

I find all of this is dubious. As a resident of Bowen Island and on the basis of the Freedom of Information and Protection of Privacy Act [RSBC 1996] CHAPTER 165, I have requested access to and full disclosure of all information and documentation related to the legal advice sought by Bowen Island Municipality/Council. This was denied by BIM quoting solicitor-client privilege. I have therefore filed an appeal with the Office of the Information and Privacy Commissioner in Victoria. A response is pending. I’ll keep you posted.

3) What is this all about? The BIIA appears to be confused about the underlying causes of the Stop-the-Docks campaign and the motivation of the 1200 + petitioners to lend support to the objectives of this Coalition. Or is it perhaps your intention to confuse the “silent majority” of the island that you allege is on your side? For the avoidance of any doubt: This campaign is not about the issue of privately owned, beach front properties, foreshore leases and private docks. This campaign is about the protection of the public good, a public good that is both non-excludable and non-rivalrous in that individuals cannot be effectively excluded from use and where use by one individual does not reduce availability to others. Under threat is the public good of Cape Roger Curtis’ coast line and the entire foreshore area spanning across all waterfront properties of the Cape, including the untouched nature of this coastal range, the undisturbed marine flora and fauna, the unobstructed panoramic views, the drift wood, the sunsets, the intact beaches, the unimpeded access, the unique atmosphere, the tidal pools, the historic and spiritual dimension. Nowhere is the value of this public good better described than on the developers’ own website: “A timeless island property…the Cape on Bowen is a very rare oceanfront property. Its beaches, trails, www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 39

shorelines, and dense woods have been virtually untouched for more than 50 years. Best of all, it is only 20 minutes’ sail away from Vancouver.…sites are exceptionally private, and enjoy transcendent views of the ocean and neighbouring islands…there is truly nothing like it.” There is truly nothing like it on Bowen Island and in the entire Howe Sound. This answers the question, why the planned docks on Cape Roger Curtis attract so much more attention than other areas on Bowen Island. There is truly nothing left like Cape Roger Curtis and the intelligent, sensitive and informed people who have joined the campaign against the docks understand this. The value of this public good is under threat by the planned developments of docks: 4 approved and 2 under application with, potentially, another 12 to come. These docks – whether they’ll be 60m, 80m, 100m, 120m or longer - individually and jointly will destroy these values. An illustration of the planned dock in front of lot #13 illustrates this point clearly:

Artist impression of planned dock at lot#13 at low tide

Note that the dimensions of the dock in the above illustration have been adjusted to reflect the necessary design revisions after the owners altered their plan to install floating breakwaters (Ah yes, the floating breakwaters - I will address this grand idea further down in my letter). For now, imagine 4, 6 or the entire 18 oceanfront properties disfigured by such monstrosities and tell me, how an impervious development like this can be defended under the Charter of an association (BIIA) that carries the mandate of IMPROVEMENT in its own name? And if you are not inclined to believe this illustration or if you can’t envision the impact of 4, 6 or 18 of such impositions on the public good of Cape Roger Curtis, I urge you to visit the foreshore of lot #13 and see for yourself the impact of concrete blocks poured on pristine rock formations killing mussels and algae in the process, poisoning the marine environment during the curing phase and creating a massive and insensitive and unwanted permanent footprint of destruction on this public good. Go and sense the life of the beach, on the rocks and in the tide pools. Touch the ground and feel the warmth, the salt, the energy of this special and sensitive environment – and then look at the concrete foundations, feel the hostile surface alien to this environment, scale the extent from shore to sea. I am sure you will concur that this is nothing short of a crime against nature and a violation of the valid interests of the general public.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 40

Lot#13 – One of seven concrete foundation for planned dock

And while you are out there, please take special note of the four concrete blocks poured close to the high water line in the excessively wide formation originally designed to carry a beamy sun deck desired by the owner of lot #13. What do you make of that? The desired sun deck has been disallowed in the approval process as it violates best practices! How do you then explain the existence of a foundation for a sundeck that is not approved? The revised plan - without the sundeck – still shows the exact footprint and steel structure as before. Can you justify the whys and hows of the formation of these 4 blocks? Can you explain why you permit the completely unnecessary steel structures to introduce additional visual obstructions and an ugly skeleton without apparent purpose on this beach? Can you defend your lack of action regarding a removal of the concrete foundations outside the line of the approved wharf? Or do we have to brace ourselves for another mocking of our BIM Council, when after some time the planks for an unapproved sundeck will be readily bolted down on the designed and built-for-purpose steel structures?

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 41

Dock Foundations Forbidden Sundeck Foundations

Unapproved sundeck foundations cast at lot #13

One could not get away with building as much as a carport on Bowen Island without a permit. How then is it possible that the owner of lot #13 goes ahead prior to plan reviews and formal approvals, is discovered to be in contravention of their license and is not then required to rectify the works? Why does BIM and the Province not hold the owner accountable? The result of this lack of any corrective action is manifested in the concrete evidence of the unapproved sundeck foundations now marring the foreshore of Cape Roger Curtis like bunker relics on the beaches of Point Grey.

4) The Floating Breakwaters

I am a naval architect with relevant experience in offshore and structural engineering. I understand why things float and why they break apart under the actions of wind and waves. In my current role as Head of BCIT’s Marine Campus I network daily with the maritime community and work with experienced master mariners who sailed not only the oceans of the world but are also very familiar with the regional waters of Howe Sound and Cape Roger Curtis.

Within this extensive resource of maritime expertise, everyone I have spoken to shakes his or her head in disbelief at the planned location of the docks at Cape Roger Curtis. Even BIM www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 42

Councillors have questioned the suitability of the intended locations for the docks. Like it or not, docks are built in bays and inlets and along sheltered parts of a coastline for good reasons. Plain and simple, the planned docks on the Cape Roger Curtis are a bad idea.

Even the hopeful dock owners understand this or have been so informed by their contractors. And this is exactly the reason why all first submissions of the dock plans for approval on the Cape feature substantial structures to act as floating breakwaters. This was true for the first four applications and is still the case for the pending applications for lot #1 and #14.

The recent BIIA mailer delivered to all Bowen residents attempts to argue that the Stop the Docks Coalition exaggerated the overall size of the docks and claims that the revised docks are “much smaller” because the floating breakwaters have been omitted. Let’s remember that the original dimensions of the docks cited by the Coalition were exactly as presented in the plans submitted with the first dock applications.

Further it is worth noting that the floating breakwaters were not removed from the plans as a voluntary act by the dock hopefuls or as the result of a targeted action by BIM Council. Docks without breakwaters are deemed Minor Works Orders. However all dock applications that propose floating breakwaters will be reviewed by Transport Canada (TC) under the Navigable Waters Protection Program (NWPP). This approval process falls under federal jurisdiction and is more involved than the approval process for a Minor Works Order. In addition a federal process may trigger an extensive review by the Canadian Environmental Assessment Agency (CEAA). A close look at the proposed floating breakwaters in the original four dock applications and also in the new applications for the docks at lot # 1 and #14 renders the outcome of a federal review somewhat uncertain. Obviously the designed docks and breakwaters impede access to and from the sea and to the adjacent beaches and lots. They also force small boats to navigate further offshore.

On this basis it will be interesting to watch if the new dock designs for lot#1 and #14 will “evolve” in a similar way as the previous dock designs and their plans will be redrawn and resubmitted without floating breakwaters to dodge the federal review process.

Without doubt, docks on the Cape without floating breakwaters are in a precarious and exposed position. Pointing straight into the Strait of Georgia the floats of the docks become the first point of contact for winds, waves, swells, and currents during all seasons. The floats will respond to waves and swells with extensive motions and so will the boats that attempt to dock against the floats. The sway, heave, and pitch amplitudes and frequency for boat and float are different and the hydrodynamic interaction between boats and floats are complex. In addition the influence of wind direction and currents will render the relative motions between float and boat unpredictable. It is safe to assume that for most of the year the docks cannot be used safely.

Why would anybody in their right mind commence the construction of a dock in such circumstances and not knowing for certain that a federal review at a later stage would grant the floating breakwaters? Since the docks without floating breakwaters cannot be used for all intended purposes of a private dock, why sanction and facilitate their construction?

If permitted they will destroy the irreplaceable Cape Roger Curtis and create the equivalent of a Potemkin village, a sham with docks built to impress and without any true functionality.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 43

Best practices for private docks are addressed in more detail in the following section. The private docks at Cape Roger Curtis do not measure up.

5) Best Management Practices

For starters, Provincial and Federal Best Management Practices and guidelines for dock construction are applicable. Compliance with these standards is required.

According to the DFO definition: “Best Management Practice means a recommended technique that has been demonstrated to be an effective and practical means of preventing or limiting harmful impacts to the environment. Best Management Practices include any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduces pollution. Best Practice means a method or technique that should be followed to ensure the standards are met and impacts to riparian and aquatic habitats are mitigated”.

More specifically BC’s Land Use Operational Policy for Private Moorages defines: “… that Crown land is a public asset and the Province has a responsibility to ensure it is managed to maximize and sustain the flow of economic, social and environmental benefits to British Columbians, now and in the future. Crown land is available for the use, benefit and enjoyment of all British Columbians”.

The Cape Roger Curtis docks are planned for installation on Crown land. With the above definitions this pitches the interests of private property owners against the interests of the multi-stakeholder community of Cape Roger Curtis. Stakeholders include residents, tourists, families, children, boaters, schools, science, eelgrass meadows, the entire marine flora and fauna, to name a few. Best Management Practices and Best Practices are the tools provided by the Authorities to mitigate potential conflicts of interest between the owners and other stakeholders. On this basis it is useful to evaluate the implementation of Best Management Practices in the case of the planned docks on Cape Roger Curtis. The following table illustrates how some of the critical DOs and DON’Ts mandatory for private docks on Crown land have been intentionally ignored in the submitted plans.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 44

Best Management Practice / Best Practice Evaluation against the Plans for Docks For Private Docks on Cape Roger Curtis DON’T…Interfere with navigation. If the docks proceed as planned they will impede the visibility of the Cape Roger Curtis lighthouse and create blind spots for boaters and tugs for a range of approaches!

DON’T…Unduly impede public access along foreshore. The uniquely shallow foreshore of Cape Roger Curtis requires the docks to be extremely high to satisfy this ruling; ca. 6m above the beach at low tide!

DON’T…Use structures for non-moorage purposes. Non-moorage The sundeck at lot #13 is a good example of how dock owners try to uses are prohibited. These uses include beach houses, storage sheds, undermine the Best Practices for their own interests. patios, sun decks, retaining walls and hot tubs.

DO…Construct only one private moorage facility per property. If it is The planning for floating breakwaters and sundecks by the dock located in a marine environment ensure that it is limited to a single hopefuls, contrary to this principle, demonstrates how Best Practices dock which consists of an elevated pier leading to a ramp and one are being ignored in favor of private interests. moorage float only.

DO…Ensure dock structures are not grounded at low water/low tide. There is a requirement for a minimum water depth of 1.50 m below All docks must be on pilings/suspended or floating at all times. each float at low tide to protect the marine flora and fauna. In at least one case of the dock plans, it appears that this requirement is not met over the full length of the float. This violation requires additional analysis.

DO…Work in the water outside of spawning and nursery periods. Who will monitor these requirements for Cape Roger Curtis? Consult local work timing windows, available through the Ministry of Environment.

DO…Remain sensitive to views, impacts on neighbors, and All docks planned for Cape Roger Curtis clearly and unmistakably orientation to neighboring docks. violate this significant requirement!

It is easy to see that a substantial administrative framework exists to protect the public good and to adequately address the rights of a multi-stakeholder community against the interests of private property owners. It is a myth that upland owners have unlimited rights when it comes to the development of Crown land. It is a matter of choice and personal inclination for BIM Council to stand up and assert the valid interests of a wider community, or to close an eye or two and do nothing. The available Best Management Practices / Best Practices provide substantial leverage to support and justify a stop work order and to trigger an extensive review of the plan approval process related to the docks on Cape Roger Curtis.

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC 45

The Islands Trust Fund has advised BIM that they will conduct an independent “Eelgrass Mapping” project in the Bowen Island Municipality. This will take place during the months of August and September on the Bowen Island coast. The eelgrass meadows of Howe Sound and Bowen Island are of significant importance for the health and balance of the entire ecosystem. Clearly all building activities in foreshore areas must be halted until this project is concluded and subsequently reviewed to ensure full protection of the eelgrass meadows.

6) Conclusion

 It is not acceptable that the current BIM Council continues to hide behind the shortcomings and omissions of previous Councils to justify its own lack of decisive action and its ready acceptance of undue demands of the Cape on Bowen developers and landowners, instead of considering and standing up for the public’s valid interests.  The legal position claimed by BIM Council appears unfounded. There is no evidence so far – only the Council’s word – that any substantive legal advice was sought with the objective to protect the public good and to give consideration to the interests of many in Crown land preservation vs. sacrificing it to the interests of a few private owners.  The Stop-the-Docks campaign represents a relevant and growing coalition that is motivated by the vision of protecting the public good and maintaining the Crown land of Cape Roger Curtis in its natural state in the interest of present and future public stakeholders.  The docks on Cape Roger Curtis cannot be used without Floating Breakwaters. The fact that the landowners press forward with the construction of useless docks unveils their project as a sham, built to impress but without any functionality.  Best Management Practices and Best Practices are being violated and ignored by the plans for the docks on Cape Roger Curtis. BIM Council has remained passive despite the unapproved construction activities of the dock at lot#13. Since the full extent of eelgrass meadows of Bowen Island will only be mapped during the fall, all construction activities in the foreshore must be suspended without delay.  In view of the above, the statement in the BIIA mailer that “(the present) Council did not have effective tools available to address the water lease applications at CRC without putting the municipality at serious risk” is absurd.

In Closing

BIM Council is well advised to reconsider its position on the approval process for the 4 docks on Cape Roger Curtis and all further dock applications. Legal advice must be sought with the objective to review the approved dock applications against the Best Management Practices, Best Practices and in defense of the Public Good of Cape Roger Curtis Crown land. All construction activities on the Cape Roger Curtis foreshore must be suspended without delay and until further notice before more irreparable damage is done.

Dr. Richard Wiefelspuett

www.stopthedocks.ca Stop the Docks – Cape Roger Curtis, Bowen Island, BC