Planning & Development Services Committee Meeting February 11, 2016 2:30 pm Members: All Directors (Director Booth as Chair and Director Juras as Vice Chair) AMENDED AGENDA 1. Call to Order

2. Addition of Late Items

3. Adoption of the Agenda

4. Adoption of the Minutes 4.1 January 7, 2016 Meeting 5. Delegations 5.1 Brian Schmidt – re Salekin ALR Subdivision – item 9.2.2 5.2 Barry Brown-John re Jopp ALR Subdivision – item 9.2.3 5.3 Nancy Loraas re DVP No. 28-15 – item 9.3.1 6. Correspondence 6.1 ALC Decisions 6.2 Mine Referral 6.2.1 Cranbrook Flagstone Quarry Inc. / Fassifern Rd., west of Jim Smith Lake 6.2.2 Pennington / Wildhorse Creek area, north east of Cranbrook Addendum 6.2.3 Teck Coal Ltd. / area 6.3 Miscellaneous 6.3.1 Planning & Development Services February Board Report 6.3.2 Planning & Development Services 2015 Year End Board Report 6.3.3 Seeking Your Input On Draft Recovery Documents for SARA Listed Species at Risk in B.C. 6.3.4 Tie Lake & Rosen Lake Map Reserve 7. Advisory Commissions 7.1 APC Minutes 7.1.1 Area A – January 19, 2016 7.1.2 Area B – January 20, 2016 7.1.3 Area C – January 20, 2016 7.1.4 Area E – January 12, 2016 7.1.5 Area F & G – January 19, 2016 AMENDED AGENDA Planning & Development Services Committee – February 11, 2016 Page 2

8. Unfinished Business 8.1 Luminary Holding Corporation and Charabin and Rosenfeld Non-Farm Use Application 9. New Business 9.1 Bylaw Amendments 9.1.1 Bylaw No. 2668 & Bylaw No. 2669 – Cranbrook South / Pelton 9.1.2 a. Bylaw No. 2679 – Advisory Planning Commission b. Bylaw No. 2680 – Electoral Area Advisory Commission 9.2 ALR Applications 9.2.1 Hwy. 43 / Jubinville ALR Subdivision 9.2.2 Fernie / Salekin ALR Subdivision 9.2.3 Spur Valley / Jopp ALR Subdivision 9.3 Development Variance Permit Applications 9.3.1 DVP No. 28-15 Columere Park / Loraas 9.4 Natural Resource Operations (NRO) Referrals 9.4.1 Area A – ATV Club Crown Land Application to Establish and Maintain a BC Recreation Site in the Vicinity of Aldridge Creek and Weary Ridge, north of Elkford. 9.4.2 Area A – Hornaday Wilderness Society Crown Land Application to Establish and Maintain a BC Recreation Site in the Vicinity of Mount Peck, north of Elkford. 9.4.3 Area B – Gabinet Crown Land Application for a Licence of Occupation to Use and Maintain an Existing Roadway as Access to the Applicant’s Private Property. 9.4.4 Area A, C, and E – Transrockies Inc. Temporary Licence of Occupation for a Special Event Bike Race in the Kimberley, Cranbrook and Fernie areas. 9.5 Miscellaneous Items 9.5.1 Ministry of Transportation & Infrastructure Referral – Elko / South Country Enterprises Ltd. 9.5.2 Request for Exemption from Providing a Professional Report – Reeves 9.5.3 Jaffray and Elko Official Community Plan Advisory Group 9.5.4 West Fernie Development Policy 10. Late Agenda Items 11. Adjournment 4.1

MINUTES OF THE REGIONAL DISTRICT OF EAST KOOTENA Y PLANNING & DEVELOPMENT SERVICES COMMITTEE MEETING HELD AT THE REGIONAL DISTRICT OFFICE IN CRANBROOK BC ON JANUARY 7, 2016

PRESENT Chair Wendy Booth Electoral Area F Director Mike Sosnowski Electoral Area A Director Stan Doehle Electoral Area B Board Chair Rob Gay Electoral Area C Director Jane Walter Electoral Area E Director Gerry Wilkie Electoral Area G Director Lee Pratt City of Cranbrook Director Tom Shypitka City of Cranbrook Director Mary Giuliano City ofFernie Director Don McCormick City of Kimberley Director Dean McKerracher District ofElkford Director Gerry Taft District of Invermere Director Cal McDougall District,9f Sparwood Director Ute Juras Village'."ofCanal Flats Director Clara Reinhardt Vill~~ of Radium Hot Springs

STAFF ·::it"'';'!J':fr~~, . Lee-Ann Crane Chief Adrrrlnisffative O:ffi~~I'. Andrew McLeod Plannil,lg'i&'.Dev~lopment sM&.ii;ys Manager Shannon Moskal Corpprate Officer ·':Jf;l> . Heather Herman PJamtif'tRAssist~ (Recording S~~f,~taty) ·\.~; --'" ..:;,!;,~~:: :~\-. )}' Committee Chair Wendy Booth c ~1'.fle meeting to order at 1: 15 pm. \u~"'a~ '-~;~;t~0. ADOPTION OF 'FHE;AGENDA "'~'!.),,, "-~-~~~~Iii~t~~~ ·-: \-~~)y~/ Agenda "Ji' M0¥~~1~,y Direc;$0t Sosnowski '{t,, SECOND:~m,by/Director Doehle -~~:if~~ft~t1_ -~\~1~t-';\T~Y- -c;.;~~f THA:T~IB~:tii'genda for th&'iJ>lanning & Development Services Committee

•'"

MOVED by Director Gay ,,cs.-~;;'' i' SECONDED by Director McDougall ;o;,_:;;"f.-.c, ---~1~2~~"~> ,, •• • 0 THAT\'!f,le Minutes of the Planning & Development Services Committee "";c'}''t·. meeti~g~:held on December 3, 2015 be adopted as circulated. '

Doug Ford, spoke on a proposal to amend the zoning designation of the Electoral Area E Zoning & Floodplain Management Bylaw from RR-60, Rural Resource Zone to RR-8, Rural Residential (Country) Zone to permit subdivision for property at 6056 Highway 93/95 in the Wasa area.

Darlene Wilson, spoke on a proposal to amend the Rockyview Official Community Plan and Cranbrook Rural Zoning Bylaw to accommodate a two lot subdivision consisting of a 5 and 15 acre parcel for property at 3247 New Lake Road in the Cranbrook area.

Patrick Majer, agent for Resorts of the (RCR), gave a presentation on proposed Bylaw No. 2585 and Bylaw No. 2586 to amend the OCP and the Elk Valley Zoning Bylaw to accommodate a 52 lot subdivision at Timberlanding at Fernie Alpine

(continued on next page) PLANNING & DEVELOPMENT SERVICES COMMITTEE January 7, 2016 MINUTES PAGE2

DELEGATIONS (continued)

Resort. He also noted that RCR had fulfilled a previous commitment during the OCP process to construct a pathway to lower Timberline Crescent, build an emergency egress from the Resort and a road closure on lower Timberline Crescent and Alpine Way.

Gary Tomlinson, spoke on behalf of an application to amend the Elk Valley Official Community Plan and Zoning Bylaw to change the land use and accommodate a 3 lot subdivision for commercial, light industrial and residential use between Cunliffe Road and Brenners Road north of Fernie. He also noted that no buildings requiring water and sewer:servicing would be built without connection to the City of Fernie's Jater and sewer services.

Rob Macdonald, of WSP Inc., agent for JJAR Holdings Ltd., gave a presentation on an ALR Subdivision to create 3 lots for hobby

•i. rar:rrung, approximately 4 ham size and a remaip.der for Property·1o~ated on Standard Hill Road north of Cranbrook. Mr.,~i;:donald explained that the remainder parcel is divided by the hi@iway;• within the City of Cranbrook and the owners wish to

=::;:;~~~l~y' ~~6:,~°.~;.::::y '

}RAT Bylaw No. 2652 cited as "Regional District ofE!:ist Ko0t~nay :-­ Electoral Area E Zoning & Floodplain Management Jh'-law No. 2502, 2014 - Amendment Bylaw No. 9, 2015 (Wasa I Ford)" qtintroduced for first reading. -. · CARRIED

:)!<• 45910 MOVED by Director Gay . Bylaw No. 2663 SECONDED by Director Waltei. Introduction THAT Bylaw No. 2663 cited as "Regional District of East Kootenay - Rockyview Official Community Plan Bylaw No. '2255, 2010 - Amendment Bylaw No. 15, 2015 (New Lake Rd./ Wilson)" be introduced for first reading; · and further, that the Board is satisfied that the OCP consultation identified in the staff report is appropriate. CARRIED

. ~ . PLANNING & DEVELOPMENT SERVICES COMMITTEE January 7, 2016 MINUTES PAGE3

NEW BUSINESS (continued)

45911 MOVED by Director Gay Bylaw No. 2664 SECONDED by Director Walter, Introduction

THAT Bylaw No. 2664 eited as "Regional District of East Kootenay - Cranbrook Rural Zoning Bylaw No. 1402, 2001 - Amendment Bylaw No. 38, 2015 (New Lake Rd./ Wilson)" be introduced for first reading. CARRIED

45912 MOVED by Director Sosnowski Bylaw No. 2585 SECONDED by Director Giuliano Introduction

THAT Bylaw No. 2585 cited as "Regional District of East Kootenay - Femie Alpine Resort Official Community Plan Bylaw No. 2363, 2012 - Amendment Bylaw No. 2, 2014 (Femie Ski Hill Road/ RCR)" be introduced for first reading; 4~';fc1, · A(IJJ~ "'it~. and further, that the Board is satisfied that.tli"il:'OCP consultation identified :::::,-rt:.::r~~=rl~,~ 45913 MQ-!£D by Director Sosnow' '" Bylaw No. 2586 $EBJp ED ~Rirector Giulian,, Introduction • ·~, • • fir.....-!';~ .··:ei?: THAT Bylaw No. 2586 cited as' District of East Kootenay - Elk Valley Zoning BY; w No. 829, 1990 endment Bylaw No. 71, 2014 (Femie Ski Hill I RCR)" troduced for first reading. D OPPOSED: ~(!,. {,o ~'* . ' .., 45914 \~JYIOVED bY,~' irector Giuliano . _ Bylaw Nos. 2657 and ·eyJ2CONDED by Director McDougall Postponed Jf.; '):.," ~~-~;faiid_ 2658 be postponed pending receipt of e C'.'!1cyt:ofFem1e. 4591~(i2{j/~~ CARRIED MOVED by Director Gay JJAR Holdilfgs.Ltd. "':~&·. SECONDED by Director Doehle ALR Subdi~!Si~~l:- trJ ~;;<~fi~~,_f.'~e Agricultural Land Commission be advised the RDEK supports i;h.~'' JJAR Holdings Ltd. ALR Subdivision application f pr property on cSiandard Hill Road in the Cranbrook area. · CARRIED

45916 MOVED by Director Booth Pedley Heights Com. Assoc. SECONDED by Director Walter MFLNRO Referral THAT the Ministry of Forests, Lands and Natural Resource Operations be •r advised the RDEK supports the Pedley Heights Commuliity Association application for a Licence of Occupation for Residential Group Moorage purposes in the Baltac Road area of Windermere subject to the RDEK's rezoning of the area. ' . CARRIED OPPOSED: Director Taft Director Juras c,•:

PLANNING & DEVELOPMENT SERVICES COMMITTEE ·January 7, 2016 MINUTES PAGE4

NEW BUSINESS (continued)

45917 MOVED by Director Booth CV Backyard Agriculture SECONDED by Director Wilkie Online Survey THAT the Columbia Valley Backyard Agriculture online survey remain open and one additional opportunity for public engagement be held and notice of this event be published in the Columbia Valley Pioneer and Advertiser and sent out to community association e-mail groups. CARRIED

Agricultural Plan Implementation APC Restructure

The Directors discussed the restructuring of the Advisory Planning Commissions. An amendment will be prepared to Bylaw No. 2151 to incorporate the following:

Increase the maximum number of APC inemSoc~ to 15. 4J{;;-~/-~-=~ . The member representing the agric~l!Ji(~~§7ctor does not need to be affiliated with an agricultural as&O'ciatiQil.~t~uch as the Kootenay • , • ~i!i." ·.:,·~'r"'2!,_ Livestock Association. .:,,. ··'<'..!\ ·'{~":"' . . . .e;t:~~~.'.'.'.(;;_~ -~, ~'"~'.~~ltm~_c·~ The member representingij,tlle agricultural sector - , actively farming, ranc .:.:'' · nductoing agricultural 'fies on their 1 property. , ., -d;#ff,;,\,, ,,

An existing member of the APC''or:C!l,resident within the Electoral Area will be recnili~l4by the Area D~&or, will act as the agricultural representative, .,fQ:~111 ~~o~nted by th~~f~~d; · · The .me~ber rep:~~n . '!~~{:~);!1}91'~ sector will. comment on all !HlRlk:!!tions rece1ve(b~ e CJ1::!t" 1(,0' •. ~,·~~:JJ;f, ~:~ )" .. -. ,<;l\~. The ~b~ents made'~y the member representing'.i:he agricultural ,f ··~:~.!< tor Wi\l not be highlight¢ separately within the APC minutes. "_,. r1?' }~t~l£t/~Jiw ;;,;;gc'f':~'"i:,~ !i;'!~ '.:1::. '.!::::

''-·.;-ii~·':·. Aiiy:persori{ except a Corporation, residing or owning property within ·<:\';' ·. the;tiJectoral area may be appointed to the Commission. At least 2/3 of '(~~'-: .. thdieommission must reside in the electoral area. ,~,-:;:~.:~·-~"'::_ .c/ -:-\\), J"• .••/·;_')' 45918 ~ -~ MOVED by Director Sosnowski Schroeder and Stucki )S>' SECONDED by Director Giuli3.f1.o ALR Inclusion THAT the Agricultural Land Commission be advised the RDEK supports the Schroeder and Stucki ALR Inclusion application for property at 3421 Anderson Road near Fernie. CARRIED OPPOSED: Director Taft Director Reinhardt Director Wilkie

45919 MOVED by Director Doehle . Fernie Trails and Ski Touring Club SECONDED by Director Giuliano MFLNO Referral

THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the MFLNRO and Fernie Tra,ils and Ski Touring Club Crown Land Application to establish and' maintain a BC Recreation Site in the vicinity of Harvey Pass, 28.6 kms east of Elko. CARRIED I

PLANNING & DEVELOPMENT SERVICES COMMITTEE January 7, 2016 MINUTES PAGES

NEW BUSINESS (continued)

45920 MOVED by Director Doehle Jones SECONDED by Director Walter. MFLNO Referral

THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the Jones Crown Land Application for Specific Permission to construct a private residential dock on Tie Lake. CARRIED OPPOSED: Director Sosnowski

MOVED by Director Doehle SB Cranbrook Holding Corp. SECONDED by Director Wilkie MFLNRO Referral

THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the SB Cranbrook Holding Corp. Crown Land Application (Mount Joseph Wind Farm ,tlfi!:'J~.ct) for wind .power investigation and installation of up to five ~~riiiorolo]ical towers on Crown land between 7 and 11 kms east ofMoyi~'.f¥ DEFEATEJ:?,i)' .

4~, ·~\ '~NDED by Director Wil!Qe MFLNRO Referral '" ·.. __

atural Resour~i Operations be k Holding C~rp. Crown Land Project) for wind power " OJ,ological towers on Crown f Moyie 't except for-the portions of eek atershed and further that the ~-species contr~l plan.

t"1ffe~~fl~&, ·~ MOVED by Director Taft SB crlll'l~~ok Holdi~1~m: SECONDED by Director Doehle MFTJNR~~~~;~:al 'S(~~~\ -,,,-,.- THAT;th.'e Ministry of Forests, Lands and Natural Resourc;e Operations be '~['.}~.'. advise~~the RDEK supports the SB Cranbrook Holding Corp. Crown Land ''ig:1App!Jcation (Mount Connell Wind Farm Project) for wind power '''¥~\ie'?tigation and installation of up to 6 meteorological towers on Crown ];;ifud between 4.7 and 16 kms surrounding Moyie Lake. v DEFEATED INFAVOUR: DirectorWilkie Director McKerracher

45921 MOVED by Director Walter .. DCT Chambers Trucking SECONDED by Director Reinhardt MFLNRO Referral

THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the DCT Chambers Trucking application for a Lease for Industrial Use and a Licence of Occupation for Roadway in the Farstad Way area ofSkookurnchuck. CARRIED PLANNING & DEVELOPMENT SERVICES COMMITTEE January 7, 2016 MINUTES PAGE6

NEW BUSINESS (continued)

45922 MOVED by Director Gay Mayook School House SECONDED by Director Walter Nominal Rent Tenure

THAT an application be submitted for a Nominal Rent Tenure for the Mayook School House and surrounding Crown land. CARRIED

45923 MOVED by Director Sosnowski Electoral Areas A and E SECONDED by Director Giuliano Delegated Decision Making Agreements

THAT the Agricultural Land Commission be advisecl the RDEK is prepared to proceed with the negotiation of new Delegated Dedsion Making Agreements for Electoral Areas A and E within the framework outlined in the November 5, 2015 letter from the ALC Chair. 'i CARRIED ,.li$til· OPPOSED: Director Wilkie ""~'"' .,,, A~~~~ Ii 45924 MOVED by,@irect snowski Boundary Review ,~lllplementation SECONDED{~;y Dire2ib'f;McDougall .4~~~ii-=~~~~ '-\ '~~;r~t~~~ I THAT MLA Bennett be . ,yi\iised the Board W'o'@~'.b- support final implementation ?f the ~~~~ r~vi~~. exercise re's~:;;With local government provided the issu t1f1!1d~ the Decembew9, 2015 staff o·!'Y v. ,j> report are a ddresse d . ·. 1f?'' " CARRIED·t,~;,,,, OPPOSED: t9r Wilkie ·~~.

' -~'/./ ,,, . ·c~iPP by Direc.,.:r'Sosnowski i Fernie Ford Property ·'!~ sEg~~B~,bip'i!ector Giuliano Ii 'i City ofFernie Annexat~J~{~l~), \~t~; ~','t[f#" ,. I! .A~T t!teo.~ty of F~rni\be advised the RDEK supports the City's ' A@!lx:at10 : the Ferrne For.(iJ,JfOPerty on Brenners Road. 4jf~~~~~i;.; ~~~~D .(,Vi:?§\\jf·. ' 7 'irector Shypitka -,~',t'f:~\, ./ Director McKerracher '.;;~;;~}., ·,~"j Director McDougall ~~!J~~.t~.:~>. ;;t); . ':/;:~ote;:'}/On January 8, 2016, the Board adopted Resolution 45925 to 1 :{~j]_pbrt the City of Fernie 's Annexation of the Fernie Ford property on '', I !/fenners Road.

The meeting recessed at 3:37 pm and reconvened at 4:59 pm.

45926 MOVED by Director Reinhardt . Bicycle Network }'lan SECONDED by Director Sosnowski

THAT the Columbia Valley Bicycle Network Plan dated January 2016 be adopted with the following amendment: remove reference to section 9.5(5) of the Steamboat - Jubilee Mountain Official Community Plan. CARRIED OPPOSED: Director Wilkie PLANNING & DEVELOPMENT SERVICES COMMITTEE January 7, 2016 MINUTES PAGE7

NEW BUSINESS (continued)

45927 MOVED by Director Gay Macfarlane SECONDED by Director Sosnowski Report Exemption

THAT the Macfarlane request for exemption from providing a report from a qualified professional in support of their proposed ALR non-farm use application for property located at 6198 Highway 3/93 in the Mayook area be approved. CARRIED ADJOURNMENT

The meeting adjourned at 5:11 pm. . ... CERTIFIED CORRECT ,/ff.I/~"' "-~~.1 .i/it,~/ Committee Chair Wendy Booth 5.1

The presentation I will be making at the February 11, 2016 meeting is basically a re-Application For the Subdivision of the William Sale kin property located on Dicken Road in Fernie, B.C. ( Lot 3, Plan 1411, D.L. 3048, K.D.) PID # 015-823-458.

My Summary is as follows:

1. Brian R. Schmidt CET, Schmidt Consulting Services Ltd. Will be the speaker.

2. William Salekin Subdivision on Dicken Rd., Fernie, B.C. will be the topic.

3. The key points of the presentation will be Maps and Aerial Photography of the proposed

subdivision area.

4. The action requested will be APPROVAL of the ALC Application as presented to the ALC

and the APC meeting

held in Fernie on January 19, 2016.

I will forward Maps and Aerial photos to be presented later this PM.

Should you have any questions please give me a call at 250-42307552.

Regards,

Brian R. Schmidt CET

Schmidt Consulting Services Ltd. 5.2

From: Barry Brown-John Sent: February-03-16 1:13 PM Subject: Mattson/Japp - Subdivision of DL9574 w/i the ALR@ Brisco

As requested, please accept the following;

The Subject Property, DL 9574is located approximately 3 km North of Spur Valley. The property is in the ALR,consisting of 156.72 acres (BCAA). The major portion of the property is situated above Highway 95 and consists of rolling pasture land, fenced, with a good well drilled on it. It consists of approximately 150+- and will provide the opportunity for the young couple to build a home and utilize the Agricultural potential.

The remaining 7+- acres lies below Hwy 95 and is steep with severe gullies, poor quality soil and offers no viable agricultural capacity. This lower acreage is physically separated from the parent parcel and well below the highway it has no inherent connection to the main property other by way of Legal Title. The Owners, both born and raised in the valley have a homesite picked out on the upper potion and hope to move there this year. Subdividing and selling the Lower portion of 7+- will not detract from the Upper parcel and the funds from selling the Lower parcel will go into building their home and improving the Upper property.

The Lower parcel of the property was granted exemption at the December 4th APC meeting "That the Jopp request for exemption from providing a report from a qualified professional in support of their proposed ALR subdivision application, as outlined in the staff report dated November 17, 2015 for property located on Highway 9 5 in the Spur Valley area be approved."

We request you support his application and forward the same to the ALC with your support.

Sincerely

Barry Brown-John as Agent on behalf of the Owners ofDL Land Development & Consulting Rocky Mountain Land Co. Ltd. Licensed w/First Choice Realty 5.3 Nancy Loraas 2044 Uralta Road N.W. Calgary, T2N 484

Regional District of East Kootenay 19 - 24th A venue South Cranbrook, B.C. VlC 3H8

January 29, 2016

Dear Sir or Madam:

Re: Request for Variance for Woodshed at 4654 Columere Drive, Fairmont Hot Springs, B.C. VOB 1L2

In preparation for the February 11 planning meeting, I am submitting the following summary for my Variance Request.

Nancy Loraas, Horne Owner, Colurnere Park, Fairmont, B.C.

Topic: Request for a Development Variance Application

Key Points: • Nancy is presenting her application to provide further insights into: o The process and due diligence undertaken prior to building the shed o Alignment with RDEK requirements; o Affect of this structure on the surrounding neighbors o New information regarding comparison to other similar structures in the neighborhood

Action Requested: Approval of the Development Variance

Please confirm that this summary is what you require.

Warm regards,

Nancy Loraas

1 6.2.1

Regional District of Planning & Development Services

File: P 146 020 To: Andrew Mcleod, Manager From: Tracy Van de Wiel, Planning Technician Date: January 29, 2016 Mine Referral - Cranbrook Flagstone Quarry Inc. I Fassifern Rd., west of Subject: Jim Smith Lake

Basic Overview: The proposal is for a rock quarry to remove about 2,600 tonnes of material per year up to a total of approximately 1,000,000 tonnes. The expected disturbance area is 3 ha and the work will involve the use of an excavator, a bull dozer and truck traffic. The referral states that work will be done between 8:00 am and 5:00 pm and no jake brakes will be used in proximity to the Jim Smith Lake residential area.

Access Road: Highway 3/95 to Fassifern FSR, then Branch C for 0.3 kms and turn left. Proceed to 7.8 km sign post and left into the site. No new roads are proposed.

Nearest private land within the RDEK: There are numerous addressed properties approximately 2.3 kms to the east.

Nearest community: Jim Smith Lake

Attachments:

• Location and Maps supplied by applicant • Notice of Work 580000 590000

750 1,500 2,250 3,000 More Drilling Inc. ~LE~ metres

Amendment UTM, NAD83 Ud. . Scale: 1:75 000 '"Z£*t~

0 0 0 0co in""

590000 580000 580500 581000

0 0 0 0 U) More Drilling Inc. U) N N ~ Amendment ~ Site Plan Map Location: Fassifern Map Reference: 082G041 Latitude: 49' 24' 15"N Longitude: 116' 03' 44"W Declination: 14' 52' East

0 0 0 CJ MORE DRILLING INC. Claim Boundary 0 0 0 N Cl Proposed Timber Harvest Area N D Existing Cutblocks 00 ;:j!j ~ Reserve Forest Cover Type Cl Other Mineral Claims -Existing Road Existing Trail Creek

0 0 0 0 ...U) ...U) 00 00 ;:j!j ;:j!j

\ 0 0 0 0 ...0 ...0 00 ..... ~\ l .....00 U) \ U)

0 0 0 0 U) U) 0 0 00 ;:j!j ~

100 200 300 400

metres UTM, NAD83 - Scale: 1: 1o 000

Date: 30 January 2015 File: .. IMAPS_MISCIMORE_DRILLINGIMXD\MORE_SP.MXD

580000 580500 581000 7.0

/ ,; y-- -

~ £. ; (· -/:0.; ____ '___ ·---·-~-·/.'._"~- 1:_ / ----·"--·~7

' ' -~·~,'.~ ----- _J

Notice of Work 1630197 - Cranbrook Flagstone Quarry Inc. ·-- Tracking Number: 100126923

• APPLICANT INFORMATION Name: Eugen Cealicu Toma Doing Business As: Phone: 250-919-0241 Fax: Email: [email protected] BC Incorporation Number: Extra Provincial Inc. No: Society Number: GST Registration Number: Contact Name: Eugen Cealicu Toma Mailing Address: 107 Rue De Rouque Brune Avenue Gatineau QC J8T 7Y5

• SUBMITTED BY You have indicated in Step 2 - Setup that you are applying on behalf of the applicant. Please provide us with your name, address, and contact information. Name: Maple Leaf Forestry Consulting Ltd. Doing Business As: Phone: 250-489-0005 Fax: Email: [email protected] BC Incorporation Number: Extra Provincial Inc. No: Society Number: GST Registration Number: Contact Name: John Anderson Mailing Address: 253 Industrial Road F Cranbrook BC V1C6N4 Letter(s) Attached: Yes (appointment ltr.pdf)

• SETUP QUESTIONS The APPLICANT is the lndividual(s) or Organization to whom the authorization will be issued, if approved. Before choosing your answer, please click on the HELP ICON (?) beside each question. Are you an individual or an organization? Organization Are you applying on behalf of the applicant? Yes Relationship to the applicant: Consultant Is the applicant an individual or an organization? Organization TECHNICAL INFORMATION APPL/CATION INFORMATION

Type of Notice of Work: Quarry - Industrial Mineral Is this a New Permit or an Amendment to an Amendment existing permit for this property? I MINE INFORMATION

Do you have an existing mine number? Yes Mine Number: 1630197 Name of the property: Cranbrook Flagstone Quarry Inc. Tenure Numbers: 1027410

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 1of9 Crown Grant/ District Lot Numbers: Directions to site from nearest From the intersection Hwy 3/95 and King St W. in Cran brook, travel south on Hwy municipality: 3/95 approximately 7.5 km to the intersection of Hwy 3/95 and Fassifern FSR. Turn right onto fassiferne FSR and proceed to the 6km post then take branch C for 0.3km and turn left. Proceed to the to 7.8 km post and turn left into the site. Geographic Coordinates of Mine: Latitude: 49.4089000 Longitude: -115.8852000 Maximum Annual Tonnage Extracted: 2600 tonnes j INFORMATION ABOUT PROPOSED ACTIVITIES

Activities to be undertaken: Sand & Gravel / Quarry Operations

I FIRST AID

Proposed First Aid equipment on site: level 2 fist aid kit, a stretcher, and a epinephrine auto injector Level of First Aid Certificate held by attendant: Occupational First Aid Level 1

I DESCRIPTION OF WORK PROGRAM If you prefer to upload a document, please enter "see attached document" and attach the document in the "Document Upload" step later in the application under "Other".

Sufficient details of your work program to enable a good understanding of the types and scope of the activities that will be conducted: "see attached document"

TIME OF PROPOSED ACTIVITIES Original Start Date: Apr 1, 2016 Proposed start and end date: Apr 1, 2016 to Apr 1, 2021

Please remember that you need to give 10 days notice to the Inspector of Mines of your intention to start work, and 7 days notice of your intention to stop work. ACCESS Access presently gated: No

I PRESENT STATE OF LAND Please identify what the present state of the land is where you would like to undertake your activities. If some of the questions do not apply to you please enter n/a in the space provided. Present condition of the land: The present state of the land is a clear cut block that is insufficiently stocked within Phase 1 currently approved/permitted area of operations (see attached map). The proposed expansion area is forested predominately with Douglas fir and natural openings and rock outcroppings. Existing excvated roads and trails occur throughout (see map). No riparian features are within the area of proposed quarry operations. Existing drill test holes are located on-site that were used to sample for acid rock drainage potential and mineral/compound laboratory analysis (see mapped locations on the attached tenure map). The laboratory analysis results are attached for review. Type of vegetation: The vegetation within the proposed expansion area and the treed buffers adjacent to Phase 1 area (see attached map) is a mosaic of douglas fir forest overstory, and mostly grass ground cover with some shrubs including alder. Physiography: Gnerally gently sloping terrain ranging from 10-30% between 1230 m and 1290 m elevation on a north facing aspect. No riparian features are with the existing permitted Phase 1 or the proposed exnsion areas. The only riparian feature is adjacent to the area of operation and contained within a treed buffer (see map). Current means of access: The currnet access is existing excavated roads and trails (see attached map). No new roads or trails are planned.

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page2of9 Old equipment: A mobile office and storeage sheds (equipent) currently being used are on-site (see map). No other old equipment or building structures are on-site. Recreational trails/ use: No recreational trails are on-site.

I ACCESS TO TENURE

Do you need to build a road, create stream No crossings or other surface disturbance that will not be on your tenure?

I LAND OWNERSHIP

Application area in a community watershed: No Proposed activities on private land: No

Activities in a park: No

I CULTURAL HERITAGE RESOURCES Cultural Heritage applies to a large spectrum of heritage resources that is defined as "an object, a site or the location of a traditional societc;il practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people."

The Archaeology Branch of the Ministry of Forests, Land and Natural Resource Operations is responsible for the administration of the Heritage Conservation Act as it applies to archaeological sites. The Archaeology Branch has developed guidelines for companies engaged in natural resource extraction to aid in planning for and avoiding or managing impacts to protected archaeological sites. Are you aware of any protected archaeological sites No that may be affected by the proposed project?

I FIRST NATIONS ENGAGEMENT In making decisions on authorizations, the government will be fulfilling its responsibility to consult, and where appropriate, accommodate First Nations. The government takes this responsibility seriously and encourages the applicant to engage First Nations early and often as part of any planned development.

Establishing good relations with First Nations who might be affected by a proposed development is a key part of any successful mining operation. The Ministry of Energy and Mines encourages applicants to engage and information share with First Nations that might be affected by a proposed development prior to submitting an application. The earlier in the life of a proposed activity that the avenues of communication are established the greater the likelihood that the relationships formed will be constructive and beneficial to all parties. A lack of information sharing and engagement by the applicant may result in extended timeframes for decision.

Applicants should keep a detailed record of information sharing and engagement with First Nations on their project in the event the government needs to review it. Information on First Nations information sharing and engagement should include the following: a list of First Nations contacted, whether the activity was modified based on feedback from First Nations, and whether the applicant has entered into any informal or formal agreements with First Nations in connection with the project.

The Consultative Areas Database Public Map Service is an online, interactive mapping tool that allows you to identify First Nations who have treaty rights or asserted or proven rights or title on the land base. More information can be found at http://www.empr.gov.bc.ca/TITLES/MINERALTITLES/FIRSTNATION/Pages/CAD.aspx. Have you shared information and engaged with First No Nations in the area of the proposed activity? I SAND & GRAVEL I QUARRY OPERATIONS

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 201S Page 3 of9 ~I

MAPS All plans and sections must indicate the scale and orientation of the drawing and must include:

1) Plan View of Proposed Development illustrating:

- Property boundaries and set back of excavation from property boundary - Watercourses and drainage (wet, dry or intermittent) on the property and within 150 metres of its boundaries - All previous surface workings, the final boundaries of proposed excavation, and boundaries of excavation at the end of development described in the Notice of Work - Access roads, including development roads within the pit and access to the public roads - All proposed and existing stockpiles (topsoil, overburden, product etc.) - All settling ponds (for both surface run off and process water) and source of process water - Buildings and other facilities (fuel/lubricant storage, sanitary facilities, weigh scale, etc.) - Sediment control structures and the location of any point discharges from the property - Fencing, berms and/or vegetative buffers.

2) Cross and longitudinal sections of Proposed Development illustrating:

- The orginial land surface and, if applicable, the groundwater table elevation - Typical configuration during mining, indicating angle of slope and, where applicable, bench locations - Proposed configuration on completion of reclamation

3) A copy of the land title/crown land tenure map must be provided.

SOIL CONSERVATION

Average depth of overburden: O.lOm Average depth of topsoil: 0.28m Measures to stabilize soil overburden Remove overburden/ topsoil and stockpile in designated area (see map) and stockpiles and control noxious weeds: grass seed to mitigate the potential for invasive alien plant species. Additional treatments including hand-pulling and peasticide application may also be used as control methods ..

LAND USE

Is the site within the Agricultural Land Reserve? No Does the local government have a Soil Removal Bylaw? No Official Community Plan for the site: Not applicable Current land use zoning for the site: Forestry Proposed end land use is: Forestry Estimate total minable reserves over the life of the mine: 1,000,000 tonnes Estimate annual extraction from site: 2,600 tonnes/year Application must be made to the Environmental Assessment Office if estimated extraction for sand/gravel production is 500,000 tonnes/year or 1,000,000 tonnes over 4 years; or if estimated extraction is 250,000 tonnes/year for quarried product. ACTIVITIES Click on the "Add Activity" button to add one or more activities. Select your activity out of the list and enter the tonnes, the total disturbed area and the total merchantable timber volume.

Please note that you must notify the Inspector at least two weeks before if you are planning to bring a crusher on site.

Total Disturbed Area Merchantable 3 Activity (ha) timber volume (m ) Excavation of Pit Run 3.00 50.00 Total: 3.00 50.00

Is the work year round or only seasonal? Seasonal Brief description of operation, including The quarry operation will involve removal of the overburden/ topsoil and proposed work schedule: stockpiling (see map for designated area) using a bull dozer. quarrying will be done using an excavator and commercial slate product will then be hand piled Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 4 of9 .. ······1

in wooden pallets, temporarily stored (see storage area for finished product, and trucked off-site to markets. A slate splitting machine may be purchased for use in the future and would then be restricted to the sasme work schedule as identified for the rest of the opertion. Reclamation will occur after quarry operations are completed.

RECLAMATION PROGRAM

Describe the proposed reclamation and timing for Reclamation will be conducted at the end of quarry operations and will this specific activity: include hydrological stabilization of access roads, including re-distributing stockpiled overburden I topsoil, seeding exposed mineral soils, replanting suitable indigenous species according to accepted forestry practices where practicable. If backfilling of pits or pit slopes is proposed in the No backfilling of pits is proposed and the final reclamation configuration final configuration for reclamation, details of will be representative of the cross-sectional profiles on the attached materials to be used and placement procedures: map. Estimated cost of reclamation activities described $15,000.00 above: Will progressive reclamation be carried out? No

GROUNDWATER PROTECTION

Average depth to the high groundwater table at the 100.0 m proposed excavation: Elevation of the groundwater table was determined from: D Existing area wells D Test pits 0 Test wells drilled for this purpose D Other: Measures proposed to protect groundwater from Measures to protect ground water include buffering of water potential impacts of the proposed mining activity: table as indicated on the attached map, berming fuel storage facility (see map), and maintaining treed buffer between area of operation and known surface water (see map). Equipment will be removed from areas if any threat to ground water is identified and spill kit materials will be kept on-site to remediate any potential spill of contaminants.

IMPACT MINIMIZATION

Shortest distance between proposed excavation 2,500 m to nearest residence: Shortest distance between proposed excavation 2,500 m to nearest residential water source: Measures proposed to prevent inadvertent The site will be barricaded using vegetative barriers (e.g. forested buffers access of unauthorized persons to the mine natural barriers of steep slopes ajacent to the site, earthen berms and site: gated access at the entrance. Signage will be posted indicating on-site activities and identify potental hazards. Measures proposed to minimize noise impacts of Restricting hours of work to between 8 am and 5 pm. Equipment will be the operation: limited to a bull dozer and an excavator on-site. Truck traffic to transport finished product will aslo be restricted to the same schedule and no jake brakes will be used in proximity to residential area east of Fassiferne road in the Jim Smith Lake area. Measures proposed to minimize the dust Potential dust impacts will be mitigated by the restricted speed of trucks impacts of the operation: transporting finished product and by dust suppressants/ water truck dipersal equipment as required. Measures proposed to minimize visual impacts Measures to miitigate visual impacts include treed I vegetative buffers, Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 5 of 9 of the operation: earthen berms and stockpiled finished product

I TIMBER CUTTING

Total merchantable timber volume: 50.00 m3

Free Use PermitBased on the information provided you will require a Free Use Permit as the total volume of merchantable timber to be cut does not exceed 50 m3. This permit will be automatically applied for as part of this Notice of Work.

I EQUIPMENT Click on the "Add Equipment" button to add one type of equipment at a time. All equipment must comply with the requirements of the Health, Safety and Reclamation Code. Quantity Type Size I Capacity 1 Excavator 270JD 2006 1 Loader 323E JD track loader 1 Other: Slate Splitter 480 Sherpa (slate splitting)

I SUMMARY OF RECLAMATION Based on the information you have provided on the previous screens the Summary of Reclamation is:

Total Affected area Estimated cost of Activity (ha) reclamation ($) Sand & Gravel I Quarry 3.00 15,000.00 Subtotal: 3.00 15,000.00 Unreclaimed disturbance from previous year: 0.00 Disturbance planned for reclamation this year: 0.00 Total: 3.00 15,000.00

I OTHER CONTACTS Please enter the contacts that are applicable to your application.

Contact Info Type of Contact Name: Gabreal E Selim Mine manager Phone: 250-919-5093 Daytime Phone: Fax: Email: Mailing Address: PO BOX 422 Crambrook BC VlC 4H9

Name: Gabreal E Selim Tenure Holder Phone: 250-919-5093 Daytime Phone: Fax: Email: Mailing Address: PO BOX 422 Crambrook BC VlC 4H9

Name: Gabreal E Selim Site operator Phone: 250-919-5093 Daytime Phone:

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 6 of 9 Fax: Email: Mailing Address: PO BOX 422 Crambrook BC VlC 4H9

Name: Cranbrook Flagstone Quarry Inc. Permittee Phone: 250-919-5093 Daytime Phone: Fax: Email: Mailing Address: PO BOX 422 Crambrook BC VlC 4H9

• LOCATION INFORMATION

All applications must include the appropriate maps and applications received without maps will be returned. All maps must be in colour, computer generated, with a scale, north arrow and a detailed legend.

For Mineral, Coal and Placer applications you must provide a minimum of 3 maps: - A Location Map which must show the location of the property in relation to the nearest community with the access route from the community to the work site clearly marked; - A Tenure Map which must show the boundaries of the tenure(s) and tenure numbers, at a scale of 1:20,000 or less; - A Map of Proposed Work which must show topography, water courses, existing access, existing disturbance, contour lines, known cultural heritage resources and/or protected heritage property, at a scale of 1:10,000 or 1:5,000. For site specific applications the location of all proposed exploration activities must be shown; for area-based applications the work area must be shown as a polygon, with the location of all proposed exploration activities for year 1 shown, and shape files provided of the area.

For Sand & Gravel/Quarry applications you must provide a Plan View, Cross and Longitudinal Sections and a Land Title/Crown Land Tenure Map. Details of these requirements are listed in the Sand & Gravel/Quarry Operations Activity sheet.

0 I have one or more files (PDF, JPG, PNG etc.) with my maps I MAP FILES Do you have a PDF or image file of a drawn map? You can upload it here.

Description Filename Overview map MORE_OVER.pdf ------Site Map MORE_SP.pdf

Tenure Map MORE_BASE.pdf

• ATTACHED DOCUMENTS

Document Type Description Filename Mine Emergency Response MERP MERP (updated).pdf Plan

Other Acid Rock Drainage Report Part b image002.jpg

Other Acid Rock Drainage Report part A imageOOl.jpg

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 7 of9 Other Acid Rock Report PArt 7 image007.jpg

Other Acid Rock Report PArt H image004.jpg

Other Acid Rock Report PArt I image005.jpg

Other Acid Rock Report Part F image002.jpg

Other Acid Rock Report Part J image006.jpg

Other Acid Rock Report Part g image003.jpg

Other Acid Rock Report part D imageOOl.jpg

Other Acid Rock Report part E image002.jpg

Other Acid Rock drainage report part C imageOOl.jpg

Other Certificate of Name Change 2015-05-22 14.11.38.jpg

Other Description of Work Program Description of Work Program ...

Other notification of commencement Notice - Endorsed.pdf

Tenure Authorization Letter Authorization endorsement Letter of authorization req ...

• PRIVACY DECLARATION PRIVACY NOTE FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION Personal information is collected by FrontCounter BC under the legal authority of section 26 (c) and 27 (1) of the Freedom of Information and Protection of Privacy Act (the Act). The collection, use, and disclosure of personal information is subject to the provisions of the Act. The personal information collected by FrontCounter BC will be used to process your inquiry or application(s). It may also be shared when strictly necessary with partner agencies that are also subject to the provisions of the Act. The personal information supplied in the application package may be used for referrals or notifications as required. Personal information may be used by FrontCounter BC for survey purposes.For more information regarding the collection, use, and/or disclosure of your personal information by FrontCounter BC, please contact FrontCounter BC at 1-877-855-3222 or at: FrontCounter BC Program Director FrontCounter BC, Provincial Operation 441 Columbia Street Kamloops, BC V2C 2T3 0 Check here to indicate that you have read and agree to the privacy declaration stated above . • REFERRAL INFORMATION Some applications may also be passed on to other agencies, ministries or other affected parties for referral or consultation purposes. A referral or notification is necessary when the approval of your application might affect someone else's rights or resources or those of the citizens of BC. An example of someone who could receive your application for referral purposes is a habitat officer who looks after the fish and wildlife in the area of your application. This does not apply to all applications and is done only when required.

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 8 of 9 We have pre populated some of the fields for your convenience but you can change in the information at any time. Please note that the information might become available to the public if required.

Company/ Organization: Eugen Cealicu Toma Contact Name: Eugen Cealicu Toma Contact Address: 107 Rue De Rouque Brune Avenue Gatineau QC J8T 7YS Contact Phone: 250-919-0241 Contact Email: [email protected]

0 I hereby grant permission for the public release of the information provided above. This information will be used to fulfill, if required, the referral and advertising requirements of my application . • IMPORTANT NOTICES

• Once you click 'Next' the application will be locked down and you will NOT be able to edit it any more. DECLARATION 0 By submitting this application form, I, declare that the information contained on this form is complete and accurate . • OFFICE

Office to submit application to: Cran brook

• PROJECT INFORMATION

Is this application for an activity or project which No requires more than one natural resource authorization from the Province of BC?

APPLICANT SIGNATURE Applicant Signature Date

OFFICE USE ONLY

Tracking Number: 100126923 I Version 1.6 I Submitted Date: Apr 7, 2015 Page 9 of 9 6.2.2

Planning & Development Services

File: P 146 020 To: Andrew Mcleod, Manager From: Tracy Van de Wiel, Planning Technician Date: January 26, 2016 Mine Referral - Pennington I Wildhorse Creek area, north east of Subject: Cran brook

Basic Overview: The proposal is for processing of materials from 6 test pits with a total disturbance area of 0.6 ha. The intention is to process about 1 to 1.5 test pits annually.

Access Road: Wardner - Fort Steele Road to Fort Steele Wildhorse Road, Mause Creek FSR and then onto Boulder Creek FSR.

Nearest private land within the RDEK: There is an addressed property approximately 1.6 kms away.

Nearest community: Community of Fort Steele

Attachments:

• Location and Maps supplied by applicant • Notice of Work 580000 585000 590000 595000 600000 605000 610000 615000 620000 625000 Turtle Mine Placer 1011997 0 0 0 0 Location Map 0 0 0 ~ ~ "' "' Legend D Placer Claim 1011997 0 0 0 0 LJ20KGrid 0 ~ "'...... c::J First Nation Reserves "' "' "' "' c::J Private Land CJ National and Provincial Parks

0 0 0 0 0 0 ~ ~ "' "'

0 0 0 0 ~ ~ 0 0 "' "'

0 0 0 0 0 0 0 0 0 0 "' "' N "' "' Geomatics Department

Projection: Nad 83 Zone 11 UTM ~ 1:250,000 5,0·--=2·:11~-C:::m _____5,000 Meters

0 0 0 0 ~

0 0 ~ 00 ;:!;

l ,-. Montana Washington Idaho, 580000 585000 590000 595000 600000 605000 610000 615000 620000 625000 /Aaron_Purvis/Placer1011997_LocationMap.mxd Oct.1312015 kl 599000 600000 601000 602000 603000 604000 605000 606000 607000 608000 Turtle Mine Placer 1011997 Tenured Map 0 0 0 O> 0 Legend "' D Placer Claim 1011997 -- Forest Service Roads 0 0 0 0 0 0 -- Road Permits ""g ""g =Paved Road "' "' = = Unpaved Road -----Trail

0 0 0 0 ~Railway 0 0 ! ~ CJ Placer Claims "' CJ 20KGrid CJ Private Land

0 0 CJ First Nation Reserves 0 0 0 0 CJ National and Provincial Parks "'g :g"'0 "'

0 0 0 0 g 0 0 0"' "' "'

0 0 ~ "'

0 0 ..,0 g "'

0 :;:0 g "' Montana

600000 601000 602000 603000 604000 605000 606000 607000 608000 599000 /Aaron_Purvis/Placer1011997_ Tenured.mxd Oct.13/2015 kf

-- ~,~ 602500 603000 603500 604000 Turtle Mine

0 0 Placer 1011997 0 // 0 - li[J Ji Detailed Map "'0... Ii - :ii II II ~ II II "' Legend II // I/ // // D 1011997 Camp // // === 1011997 Proposed Road (164m) //. !O() // ,r:s • 101197 Water Source // 1011997 Test Pits (Total Area lo 0.13 ha.) II // D Placer Claim 1011997 // II -- Forest Service Roads 11 0 II -- Road Permits 0 0 II 0 0 0 =Paved Road ~ II ... 0 II 5l = = Unpaved Road "' \\ "' "' \\ ----- Trail II -+--Railway 11 c:::J Placer Claims X>~tailed' Map LJ20KGrid D Private Land D First Nation Reserves D National and Provincial Parks

o BRITISH Produced by:__ . N 5l ..... COLUJ\IBIA Geomat1cs D1v1s1on ~ ~ www.gov.bCO- Kootenay Region

"' Projection: Nad 83 Zone 11 UTM 1:10,000 200- 100- 0 200 Meters

0 0 co0 ~ ' Montana Idaho,\ 'i I I I 604000 602500 603000 603500 /Aaron_Purvis/Placer1011997_Detailed.mxd Oct.13/2015 kf Notice of Work Turtle Mine - Pennington /Purvis Tracking 9!dBRITISH COLUMBIA Number: 100126985

.• APPLICANT INFORMATION If approved, will the authorization be issued to an Company/Organization Individual or Company/Organization? What is your relationship to the Employee company/organization?

• APPLICANT COMPANY/ ORGANIZATION CONTACT INFORMATION Please enter the contact information of the Individual/Organization who is acting on behalf of the applicant. Name: Pennington, Jamie Doing Business As;. Phone: 403-238-7310 Fax: Email: [email protected] BC Incorporation Number: Extra Provincial Inc. No: Society Number: GST Registration Number: Contact Name: Jamie Pennington Mailing Address: 479 ·Bracewood Crescent SW Calgary AL T2W3B7

• CORRESPONDENCE E-MAIL ADDRESS If you would like to receive correspondence at a different email address than shown above, please provide the correspondence email address here. If left blank, all correspondence will be sent to the above given email address. Email: Contact Name: Jamie Pennington

TECHNICAL INFORMATION APPLICATION INFORMATION

Type of Notice of Work: Placer Operations Is this a New Permit or an Amendment ta an New Permit existing permit for this property? I ONE YEAR, MULTI-YEAR OR MULTI-YEAR AREA BASED PERMIT One Year Permit A One Year permit allows you to do your exploration activities over 1 year. You will have to identify the exact location/s for each proposed activity. At the end of the year you will have to submit an Annual Summary outlining the activities done during the previous year.

Multi-Year Permit A Multi-Year permit allows you to do your exploration activities over 2-5 years. You will have to identify the exact location/s for each proposed activity. At the end of each year you will have to submit an Annual Summary outlining the activities done during the previous year.

Multi-Year, Area Based Permit A Multi-Year, Area Based permit also allows you to spread your exploration activites over 2-5 years, but you must provide details of all exploration activities proposed in the first year, including proposed disturbances and estimated timber cutting. At the end of each year you will have to submit an Annual Summary and at the beginning of each new year you will have to submit a Multi-Year, Area-Based Work Program Annual Update, outlining your previous activities as well as your plans for the next year.

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 1of10 Type of permit to apply for: I would like to apply for a Multi-Year permit Term of application: 5 years

I MINE INFORMATION

Do you have an existing mine number? No Name of the property: Turtle Mine - Pennington /Purvis Tenure Numbers: 1011997 Crown Grant/ District Lot Numbers: Directions to site from nearest Starting point of Claim #11011997 is 31km East of Cranbrook municipality: On HWY 3 travel 16km east to Fort Steele. Turn right at Warner/ Fort Steele Rd, travel east 2km turning left on Mause Creek Rd. Travel 2km then turn left on Boulder Creek Rd. Follow for lSkm, first left hand turn. lkm to camp. Access to digging site will be left at the camp approximately 2km east. Geographic Coordinates of Mine: Latitude: 49.7022220 Longitude: -115.5594440 Maximum Annual Tonnage of Pay Dirt 10 tonnes Moved:

I INFORMATION ABOUT PROPOSED ACTIVJTJES

Activities to be undertaken: Access roads, trails, heli pads, air strips and boat ramps Camps, Bldgs, Staging Areas and/or Fuel I Lubricants Storage Mechanical Trenching I Test Pits Placer Operations Settling Ponds Water Supply

I FIRST AID

Proposed First Aid equipment on site: Level 1 First Aid Certificate. Cell phone booster First Aid Kit Level of First Aid Certificate held by attendant: Occupational First Aid Level 1

I DESCRIPTION OF WORK PROGRAM If you prefer to upload a document, please enter "see attached document" and attach the document in the "Document Upload" step later in the application under "Other".

Sufficient details of your work program to enable a good understanding of the types and scope of the activities that will be conducted: Processing of materials from 6 test pits, approx 1 - 1.5 pits would be processed annually. Depth of bedrock is unknown, test pits will be dug to bedrock or if bedrock is not located then material will be run and area reclaimed then a new pit will be opened. Only one test pit will be open at once, one sump at each of the test pit location.- PLEASE SEE ATIACHED DOCUMENT

I TIME OF PROPOSED ACTIVITIES Proposed start and end date: Dec 1, 2015 to Nov 30, 2020

Please remember that you need to give 10 days notice to the Inspector of Mines of your intention to start work, and 7 days notice of your intention to stop work. ACCESS Access presently gated: No

I PRESENT STATE OF LAND

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 2of10 Please identify what the present state of the land is where you would like to undertake your activities. If some of the questions do not apply to you please enter n/a in the space provided. Present condition of the land: tenure is mainly flat near the Wildhorse River, Upper section is sloped with large cliffs. area of exploration is mainly flat. Shepard Gulch is left of site. Groundwater near surface close to Shepard Gulch plus Wildhorse river Type of vegetation: Mostly red willow undergrowth, dead fall and a few mature trees Cottonwood, Spruce, Fur, Old growth cedar (not to be removed) Larch.

Physiography: Upper level is semi flat with large cliffs down to river valley where the ground is flat with small streams plus the Wildhorse River. Current means of access: Old logging roads - road will require work to get to site. Old equipment: no - not to our knowledge Recreational trails I use: no

I ACCESS TO TENURE

Do you need to build a road, create stream No crossings or other surface disturbance that will not be on your tenure?

I LAND OWNERSHIP

Application area in a community watershed: No Proposed activities on private land: No

Activities in a park: No

I CULTURAL HERITAGE RESOURCES Cultural Heritage applies to a large spectrum of heritage resources that is defined as "an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people."

The Archaeology Branch of the Ministry of Forests, Land and Natural Resource Operations is responsible for the administration of the Heritage Conservation Act as it applies to archaeological sites. The Archaeology Branch has developed guidelines for companies engaged in natural resource extraction to aid in planning for and avoiding or managing impacts to protected archaeological sites. Are you aware of any protected archaeological sites No that may be affected by the proposed project?

I FIRST NATIONS ENGAGEMENT In making decisions on authorizations, the government will be fulfilling its responsibility to consult, and where appropriate, accommodate First Nations. The government takes this responsibility seriously and encourages the applicant to engage First Nations early and often as part of any planned development.

Establishing good relations with First Nations who might be affected by a proposed development is a key part of any successful mining operation. The Ministry of Energy and Mines encourages applicants to engage and information share with First Nations that might be affected by a proposed development prior to submitting an application. The earlier in the life of a proposed activity that the avenues of communication are established the greater the likelihood that the relationships formed will be constructive and beneficial to all parties. A lack of information sharing and engagement by the applicant may result in extended timeframes for decision.

Applicants should keep a detailed record of information sharing and engagement with First Nations on their project in the event the government needs to review it. Information on First Nations information sharing and engagement should include the following: a list of

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 3of10 First Nations contacted, whether the activity was modified based on feedback from First Nations, and whether the applicant has entered into any informal or formal agreements with First Nations in connection with the project.

The Consultative Areas Database Public Map Service is an on line, interactive mapping tool that allows you to identify First Nations who have treaty rights or asserted or proven rights or title on the land base. More information can be found at http://www.empr.gov.bc.ca/TITLES/M I NERALTITLES/FIRSTNATION/Pages/CAD.aspx. Have you shared information and engaged with First No Nations in the area of the proposed activity? I CAMPS, BUILDINGS, STAGING AREAS AND FUEL/ LUBRICANTS STORAGE This section covers the construction of new camps and/or buildings as well as the storage of fuel/lubricants on the exploration/mine site.

The construction and o.peration of industrial camps (where more than five people will be accommodated) are regulated under the Health Act and its supporting regulations. Permits may be required for different aspects of camp operation. Contact the nearest Regional Health Auth.ority to determine which requirements will apply to your camp.

You must also contact the BC Safety Authority and WorkSafe BC. For more information regarding Industrial Camp Regulation please see http://www.health.gov.be.ca/protect/industrial-cam ps.html.

rf water for camp operation is taken from any surface source other than a well, a licence or an approval maybe required under the Water Act. For further information please contact FrontCounter BC.

MAPS If known, mark the locations of camps, buildings and fuel storage on the maps, show the distance of activity from known streams, wetlands or lakes on the map. You will upload the maps at the document upload step later in the application process.

If locations are not determined you must provide a location map with your start up notification at least 10 days prior to start-up. Camps, buildings and fuel storage must comply with riparian setbacks as set out in Section 9 of the Code and the guidance provided in the Handbook for Mineral & Coal Exploration.

CAMPS Click on the "Add Camp" button to add a camp. If you have multiple camps please give each camp a distinctive name like Camp 1 which you can reference on the maps you submit with your application.

Number Number of Estimated quantity of Disturbed Area Merchantable Name of people structures water (ml/s) (ha) timber volume (ml) Ca.mp 2 3 1,000.00 0.05 2.00 Description of structures: 1 Trailer, Small storage shed, Outhouse, small generator shed. Waste disposal methods: off site Sanitary facilities: off site Water source: Water used for cooking, cleaning taken from Shepard Gulch (surface)

Total: 0.05 2.00

BUILDINGS Click on the "Add Building" button to add a building. If you have multiple building please give each building a distinctive and descriptive name like "Shop" or "Storage 1" which you can reference on the maps and drawings you submit with your application. Please note that all buildings must adhere to the following Codes, BC Building Code, BC Fire Code and CSA Standard M421-00 "Use of Electricity in Mines in conjunction with the Canadian Electrical Code. All plans must be submitted at least 60 days prior to the proposed start of construction to the Inspector. The Inspector will advise if additional documents are required.

Merchantable timber Name Disturbed Area (ha) volume (ml) Generator Shed 0.00 0.00 Purpose of the building: to keep small generator off ground and protected. Shed is made out of 4 pallets and a tarp Structure and dimensions: 4'x4'

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 4of 10 Outhouse 0.00 0.00 Purpose of the building: Washroom Structure and dimensions: 4' x4'

Storage 0.00 0.00 Purpose of the building: Storage of equipment - small metal garden shed. Structure and dimensions: 8' x 8'

Total: 0.00 0.00

STAGING AREA Click on the "Add Staging Area" button to add a staging area. If you have multiple staging areas please give each staging area a distinctive and descriptive name like "Area 1" or "Area 2" which you can reference on the maps and drawings you submit with your application.

FUEL/ LUBRICANT STORAGE If you are planning to handle, transport or store fuel and/or lubricants you must adhere to B.C. Environmental standards as detailed in "Summary of Environmental Standards and Guidelines for Fuel Handling, Transportation and Storage".

Do you propose to store fuel/ lubricants on site? No

RECLAMATION PROGRAM

Describe the proposed reclamation and To be reclaimed to original state. Concurrently with processing operations timing for this specific activity: Estimated cost of reclamation activities $200.00 described above:

I MECHANICAL TRENCHING I TEST PITS

MAPS Unless this is an area based application mark the locations of the proposed trenches/pits on the map. You will upload the maps at the document upload step later in the application process.

ACTIVITIES Click on the "Add Activity" button to add one or more activities. Select your activity out of the list and enter the disturbed area and timber volume.

Merchantable Activity Number of sites Disturbed Area (ha) timber volume (m 3) Trenches and Test Pits 6 0.06 10.00 Total: 0.06 10.00

RECLAMATION PROGRAM

Describe the proposed reclamation and Land to reclaimed to original state. Test Pits to be filled. Ground soil to be timing for this specific activity: replaced and small trees planted where required. Estimated cost of reclamation activities $500.00 described above:

I ACCESS ROADS, TRAILS, HELi PADS, AIR STRIPS AND BOAT RAMPS

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 5of10 MAPS Mark the locations of the proposed access roads and trails on the map. The maps will be uploaded at the document upload step later in the application.

ACTIVITIES Click on the "Add Activity" button to add one or more activities. Select your activity out of the list and enter the length in km, the total disturbed area and total merchantable timber volume.

Merchantable 3 Activity Length (km) Disturbed Area (ha) timber volume (m ) Existing Access Modification 0.16 0.48 0.10 Total: 0.16 0.48 0.10

BRIDGES, CULVERTS AND CROSSINGS

Are you proposing any bridges, culverts Yes. Along proposed modified road, within Shepard's Gulch creek. and/or other river/ stream crossings?

RECLAMATION PROGRAM

Describe the proposed reclamation and Land to reclaimed to original state once all pits have been dug and reclaimed. timing for this specific activity: Estimated cost of reclamation activities $100.00 described above:

ADDITIONAL INFORMATION Please note that you may require a Special Use Permit under the Forest Practices Code of British Columbia Act or a Land Act tenure or other authorization under the legislation to use roads to access your tenure.

For further information please contact FrontCounter BC.

I PLACER OPERA T/ONS Is this an application for Underground Placer Operations? No Is this an application for Hand Operations? No

MAPS Mark the locations of all mine activities on the maps. Maps must illustrate all infrastructure, streams, wetlands, or lakes.

ACTIVITIES Click on the "Add Activity" button to add one or more activity. Select your activity out of the list and enter the other values.

Proposed production: 2 m3/day

TOTAL PLANNED RECLAMATION AREA Total area of planned reclamation this year: 0.01 ha

CHANGES IN AND ABOUT A STREAM Are you proposing a stream diversion into a No different channel?

RECLAMATION PROGRAM

Describe the proposed reclamation and Land to reclaimed to original state. Test Pits to be filled. Ground soil to be timing for this specific activity: replaced and small trees planted where required.

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 6of10 Estimated cost of reclamation activities $500.00 described above:

ADDITIONAL INFORMATION - Guidelines to Placer Mining on the Fraser River Gravel Bars - Fish Screening Brochure - DFO/BCE Guidelines for the Use of Suction Dredges to "Snipe" for Gold - Freshwater Intake End-of Pipe Fish Screen Guidelines

WATER SUPPLY

MAPS Mark the locations of all proposed water intakes, settling ponds and/or sediment control structures on the appropriate maps.

SOURCE OF WATER Click on the "Add Source" button to add one or more water sources.

Source Activity Water Use Estimated Rate (m3 /s) Shepard Gulch Work Camps Washing 0.01 Pump size in water (inches): 0 Location of water intake: Gravity feed water line to tap then hocked up to trailer Please clearly mark the locations of all water intakes on the maps uploaded in Step 6 - Document Upload.

Total: 0.01

I SETTLING PONDS The Inspector may require a seismic design for ponds above grade.

Describe the waste water treatment facility (settling pond design, recycling, distance from creek, etc.):

ACTIVITIES Click on the "Add Activity" button to add one or more proposed settling pond.

Total disturbed Total merchantable 3 Pond ID Width (ml Length (m) Depth (m) area (ha) timber volume (m ) 1-5 3· 3 3 . 0.01 20 Water Source: Wildhorse (ground water) Construction Method: Excavated

Disposal of fines from clean out (i.e. use as a subsoil material): used as subsoil material Water from ponds will be: Recycled: Yes Exfiltrated to Ground: Yes Discharged to Environment: No

RECLAMATION PROGRAM

Describe the proposed reclamation and timing for Concurrent with mining operations annually this specific activity: Estimated cost of reclamation activities described $0.00 above:

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 7of10 [ TIMBER CUTTING i :­ ! Total merchantable timber volume: 32.10 m3

Free Use PermitBased on the information provided you will require a Free Use Permit as the total volume of merchantable timber to be cut does not exceed 50 m3. This permit will be automatically applied for as part of this Notice of Work.

I EQUIPMENT Click on the "Add Equipment" button to add one type of equipment at a time. All equipment must comply with the requirements of the Health, Safety and Reclamation Code. Quantity Type Size I Capacity 1 Excavator 115 1 Other: Goldhog wash plant 1 yards per hour - hand feed 1 Other: Small test Trammel 1-3 yards per hour 2 Pump Honda 2"

[ SUMMARY OF REC LAMA TJON Based on the information you have provided on the previous screens the Summary of Reclamation is:

Total Affected area Estimated cost of Activity (ha) reclamation ($) Access roads, trails, etc. 0.48 100.00 Camps, Buildings, etc. 0.05 200.00 Mechanical Trenching, etc. 0.06 500.00 Placer Operations 0.00 500.00 Settling Ponds 0.01 0.00 Subtotal: 0.60 1,300.00 Un reclaimed disturbance from previous year: 0.01 Disturbance planned for reclamation this year: 0.01 Total: 0.60 1,300.00

I OTHER CONTACTS Please enter the contacts that are applicable to your application.

Contact Info Type of Contact Name: Aaron Purvis Site operator Phone: 403-238-7310 Daytime Phone: 403-899-7401 Fax: Email: [email protected] Mailing Address: 479 Bracewood Crescent SW Calgary AB T2W3B7

Name: Aaron Purvis Mine manager Phone: 403-238-7310 Daytime Phone: 403-899-7401 Fax: Email: [email protected] Mailing Address: 479 Bracewood Crescent SW Calgary AB T2W3B7

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 8of10 Name: Jamie Lea Pennington Tenure Holder Phone: 403-238-7310 Daytime Phone: 403-899-7410 Fax: Email: [email protected] Mailing Address: 479 Bracewood Crescent SW Calgary AB T2W3B7

Name: Jamie Lea Pennington Permittee Phone: 403-238-7310 Daytime Phone: 403-899-7410 Fax: Email: [email protected] Mailing Address: 479 Bracewood Crescent SW Calgary AB T2W3B7

• LOCATION INFORMATION

All applications must include the appropriate maps and applications received without maps will be returned. All maps must be in colour, computer generated, with a scale, north arrow and a detailed legend.

For Mineral, Coal and Placer applications you must provide a minimum of 3 maps: - A Location Map which must show the location of the property in relation to the nearest community with the access route from the community to the work site clearly marked; - A Tenure Map which must show the boundaries of the tenure(s) and tenure numbers, at a scale of 1:20,000 or less; - A Map of Proposed Work which must show topography, water courses, existing access, existing disturbance, contour lines, known cultural heritage resources and/or protected heritage property, at a scale of 1:10,000 or 1:5,000. For site specific applications the location of all proposed exploration activities must be shown; for area-based applications the work area must be shown as a polygon, with the location of all proposed exploration activities for year 1 shown, and shape files provided of the area.

For Sand & Gravel/Quarry applications you must provide a Plan View, Cross and Longitudinal Sections and a Land Title/Crown Land Tenure Map. Details of these requirements are listed in the Sand & Gravel/Quarry Operations Activity sheet.

0 I have one or more files (PDF, JPG, PNG etc.) with my maps I MAP FILES Do you have a ·PDF or image file of a drawn map? You can upload it here.

Description Filename Detail Tenure Map Placer1011997 _DetailedMap ( ...

Location Map Placer1011997 _LocationMap ( ...

Ortho Map Placer1011997 _0rthoMap (2).pdf

Tenure Map Placer1011997 _TenureMap (2) ...

• ATTACHED DOCUMENTS

Document Type Description Filename Other Notice of Work Notice of Work Permit for c...

• PRIVACY DECLARATION PRIVACY NOTE FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 9of10 Personal information is collected by FrontCounter BC under the legal authority of section 26 (c) and 27 (1) of the Freedom of Information and Protection of Privacy Act (the Act). The collection, use, and disclosure of personal information is subject to the provisions of the Act. The personal information collected by FrontCounter BC will be used to process your inquiry or application(s). It may also be shared when strictly necessary with partner agencies that are also subject to the provisions of the Act. The personal information supplied in the application package may be used for referrals or notifications as required. Personal information may be used by FrontCounter BC for survey purposes.For more information regarding the collection, use, and/or disclosure of your personal information by FrontCounter BC, please contact FrontCounter BC at 1-877-855-3222 or at: FrontCounter BC Program Director FrontCounter BC, Provincial Operation 441 Columbia Street Kamloops, BC V2C 2T3 0 Check here to indicate that you have read and agree to the privacy declaration stated above . • REFERRAL INFORMATION Some applications may also be passed on to other agencies, ministries or other affected parties for referral or consultation purposes. A referral or notification is necessary when the approval of your application might affect someone else's rights or resources or those of the citizens of BC. An example of someone who could receive your application for referral purposes is a habitat officer who looks after the fish and wildlife in the area of your application. This does not apply to all applications and is done only when required.

We have prepopulated some of the fields for your convenience but you can change in the information at any time. Please note that the information might become available to the public if required.

Company I Organization: Pennington, Jamie Contact Name: Jamie Pennington Contact Address: 479 Bracewood Crescent SW Calgary Ab T2W3B7 Contact Phone: 403-238-7310 Contact Email: [email protected]

0 I hereby grant permission for the public release of the information provided above. This information will be used to fulfill, if required, the referral and advertising requirements of my application . • IMPORTANT NOTICES

• Once you click 'Next' the application will be locked down and you will NOT be able to edit it any more. DECLARATION 0 By submitting this application form, I, declare that the information contained on this form is complete and accurate . • OFFICE

Office to submit application to: Cran brook

• PROJECT INFORMATION

Is this application for an activity or project which No requires more than one natural resource authorization from the Province of BC?

OFFICE USE ONLY •·office File Number Project Nt.irnber Cran brook

Tracking Number: 100126985 I Version 1.6 I Submitted Date: Jul 30, 2015 Page 10of10 6.2.3

6.3.1

Planning & Development Services February Board Report p 006 001

STATISTICS

2016 2015

INQUIRIES 206 151

BUILDING CHECKS 8 9

------ELECTORAL AREAS------YEAR ---

A B c E F G 2016 2015

Agricultural Land Reserve 2 1 3 3

Bylaw Amendments 1 3 4 1 (Zoning I Land Use I OCP) DP I DVP I Bd. of Variance 2 2 0 Subdivision 2 1 1 4 3

MFLNRO Referrals 2 1 1 4 1

Other Agency Referrals 1 1 2 0 (Mo Tl I Liquor Control etc.) Other Permits & Agreements (Housing Agreements I Temp. Use I 0 0 Floodplain Exemptions I Campground) TOTALS 2015 4 5 8 2 0 0 19 TOTALS 2014 1 2 2 0 3 0 8

Agricultural Liais

Staff from the three Regional Districts and Columbia Basin Trust met twice in January to begin developing a shared work plan for the proposed Agricultural Liaison Officer (ALO). In addition, information about a similar agricultural position that was shared between three northern Regional Districts has been discovered. The next step is to confirm the shared priorities for the proposed ALO before engaging the Ministry of Agriculture and developing a more detailed work plan.

Toby Benches OCP

1 The draft plan was presented at an open house on January 13 h and about 15 people attended. The public comment period closed on February 151 with only a few comments received.

Page 1 of2 Information Report February 2016 February Board Report p 006 001

Fairmont Hot Springs OCP

On January 12th, a stakeholders meeting was held to introduce the planning process. The meeting included representation from area community associations, Fairmont Business Association, and the Resort. The full public consultation program will launch in April.

Backyard Agriculture in the Columbia Valley

The community conversation about opportunities for small scale backyard agriculture in the Columbia Valley continues on the evening of March 1st in Windermere.

Jaffray and Elko Area OCP

The public advisory group met on January 11th. A newsletter was mailed at the end of January. Two stakeholder meetings are scheduled for February, one with Tie and Rosen Lake community associations and the other with agricultural sector representatives.

Canal Flats Economic Development

Kris Belanger is nearing completion of the land prospectuses on behalf of the Canal Flats Economic Development Working Group.

Page 2 of 2 6.3.2

Planning & Development Services 2015 Year End Board Report p 006 001

STATISTICS

2015 2014

INQUIRIES 3389 3391

BUILDING CHECKS 420 496

------ELECTORAL AREAS ------YEAR

A B c E F G 2015 2014

Agricultural Land Reserve 3 3 3 0 4 3 16 18 Bylaw Amendments 8 5 13 4 5 2 37 16 (Zoning I Land Use I OCP) DP I DVP I Bd. of Variance 8 3 19 5 12 6 53 62 Subdivision 2 0 11 7 5 5 30 31

MFLNRO Referrals 1 4 1 9 11 3 29 22

Other Agency Referrals 4 1 4 1 7 1 18 15 (Mo Tl I Liquor Control etc.) Other Permits & Agreements (Housing Agreements I Temp. Use I 3 0 3 1 1 1 9 9 Floodplain Exemptions) TOTALS 2015 29 16 54 27 45 21 11 192 TOTALS 2014 26 34 31 23 41 18 II 173

GENERAL

The department was fully staffed in 2015 with the exception of one short term leave and presently consists of the Planning Assistant, Development Clerk, two Planning Technicians, three Planners and the Manager. In 2015, overall application volume was generally consistent with the last two years. A number of significant development applications were processed in 2015, including: amendments to the 70 unit Goertzen Holdings development in Windermere; a 25 lot residential development on Columbia Lake; smaller residential development proposals at Jim Smith Lake and the Toby Benches, and several commercial development applications including Windermere and north of Fernie.

Page 1of4 Information Report January 22, 2016 2015 Year End Board Report p 006 001

PROJECTS

Steeples Official Community Plan and Zoning Bylaw

This project commenced in 2013. The purpose was to replace the old land use bylaw for the Fort Steele and Bull River area with a new Official Community Plan and zoning bylaw and to include the previously unzoned communities of Wardner and Mayook. The creation of a public advisory group, public consultation and plan drafting took place in 2014. Final public consultation on the two bylaws concluded in the summer of 2015. A public hearing was held in August and the Steeples Official Community Plan and Zoning Bylaws were adopted in November 2015.

Toby Benches Official Community Plan

This project was initiated in January 2015. Over the remainder of the year a draft plan was prepared based on the input received through our public consultation process. The draft plan was presented to the community in January 2016 and it is anticipated that the bylaw will be introduced for first reading in March.

Wasa and Area Official Community Plan (OCP) Environmentally Sensitive Development Permit Area

The OCP was adopted in 2014, but at that time mapping for the environmentally sensitive area values was not complete. When the mapping was finalized an amendment to the OCP was prepared to add the Development Permit regulations that were requested by the public during the OCP consultation. Following consideration of the bylaw amendment in December 2015, the Board referred the matter back to staff after hearing some concerns from Skookumchuck area residents.

Regional Parks

• Westside Legacy Trail - the Board approved operating this proposed 25 km Columbia Valley trail as a regional park. Negotiations were completed regarding a statutory right of way over the private lands which will host the trail. In conjunction with this project, and to assist with fundraising, a Bicycle Network Plan for the Columbia Valley was prepared and adopted in January, 2016.

• Edgewater School Path - an application to the Ministry of Transportation and Infrastructure was submitted to allow the RDEK to construct, operate and maintain this 250 m path adjacent to Sinclair Avenue in Edgewater.

• Park Management Plans - public consultation on the Aldridge Park Management Plan was completed and the plan is being finalized. Preliminary work has commenced on similar plans for the Avery Road Lake Access and Cherry Creek Falls.

Agricultural Plan Implementation

The RDEK Agricultural Plan was adopted in October 2014. In 2015, the Board approved moving ahead with two of the key recommendations in the plan: restructuring how the RDEK receives agriculture sector advice on land use planning and other matters; and investigating the creation of a shared Agricultural Liaison Officer (ALO) position in partnership with Regional District of Central Kootenay, Regional District of Kootenay Boundary and Columbia Basin Trust.

Page 2 of4 ..•.. 0. 11

Information Report January 22, 2016 2015 Year End Board Report p 006 001

The restructuring of the RDEK's APCs is expected to be completed in March 2016 and the business case and work plan for the proposed ALO is anticipated to be completed late in 2016.

Density Averaging Bylaws

Beginning with an amendment to the Upper Columbia Valley Zoning to prohibit the use of density averaging in bare land strata subdivisions, the same regulation was subsequently added to all of the RDEK's zoning and land use bylaws.

Housekeeping Amendments

Updates to most of the RDEK's Official Community Plans and zoning bylaws were completed to correct minor errors, update language and add missing provisions.

Community Energy Manager

The East Kootenay Community Energy Manager (CEM) partnership with BC Hydro and Columbia Basin Trust was renewed for an additional two years in September 2015. The CEM work plan includes assisting with the RDEK's organics diversion program, developing electric vehicle changing stations, and the re-design of the home owner energy retrofit program.

Crown Land Applications

• Wardner Cemetery - an offer of a Crown Grant for 4.0 ha of Crown land containing the Wardner cemetery was accepted by the Board in July.

• Mayook Schoolhouse - the Wardner Community Association agreed to act as the spon­ sor for the RDEK's acquisition of a nominal rent tenure for the old Mayook Schoolhouse. The Crown land application was submitted in January 2016.

Kimberley Rural Official Community Plan

The Board authorized the preparation of a new Official Community Plan for the Kimberley Rural area in August. An introductory planning meeting was held in October. Background research and community association meetings are on-going and additional planning workshops and public meetings are scheduled for the remainder of 2016.

Columbia Valley Backyard Agriculture

An initiative to gauge the public's thoughts on an expanded range of backyard agriculture opportunities on small residential parcels in the Columbia Valley was launched in September 2015. Two community conversations were hosted and an online survey was undertaken. Consultation on this initiative will continue in 2016 before a decision is made to proceed with the preparation of the enabling regulations.

Jaffray and Elko Area Official Community Plan

The Board authorized the preparation of an Official Community Plan for the Jaffray and Elko areas in September. It is anticipated that the project will replace the old land use bylaw for the Jaffray area with a new and expanded OCP that includes the unzoned communities of Galloway and Elko. Also, it is proposed that this portion of Area B will be rolled into the South Country Zoning and Floodplain Management Bylaw. Introductory public meetings were held in October

Page 3 of 4 Information Report January 22, 2016 2015 Year End Board Report p 006 001 and a resident's advisory group was established in November. This project is not expected to be complete until 2017.

Fairmont Hot Springs and Columbia Lake Official Community Plan

A project to prepare a new OCP for Fairmont Hot Springs, Columbia Lake, and the southern portion of Electoral Area F commenced in October. Background research will be undertaken this winter. A variety of public consultation opportunities and the drafting of the plan will occur during the remainder of 2016.

Other Initiatives

• Canal Flats Economic Development - the Board approved providing some assistance to the Canal Flats Economic Development Working Group by way of preparing land prospectuses for a number of potential development parcels in the village. This work is expected to be complete by the end of January 2016.

• Agricultural Land Reserve Boundary Review - the department continues to provide assistance to Agricultural Land Commission staff as they proceed with the review of ALR boundaries in the RDEK. Our assistance involves providing OCP policy information as well as detailed parcel data for potential exclusion properties.

• East Kootenay Integrated Lake Management Partnership (EKILMP) - the RDEK continues to be involved in EKILMP as it proceeds with the preparation of Sensitive Habitat Inventory Mapping and Shoreline Management Guidelines for the Koocanusa reservoir and Edwards Lake.

• Columbia Lake East Side Collaborative Partnership - the RDEK continues as a member of the working group looking at potential land management strategies in recognition of the First Nation cultural landscape values associated with the east side of Columbia Lake.

• Koocanusa Recreation Steering Committee - in 2015, the Committee was successful in implementing a number of the short term priorities resulting from the completion of the Koocanusa Area Situational Analysis and Recommendations for Crown Land Recreation report including the hiring of two additional enforcement officers with the financial assistance of the Central East Kootenay Community Directed Funds Program, erecting new information signage and publishing a brochure, and the installation of a new seasonal garbage receiving facility in cooperation with the RDEK. The Committee is now engaged in a more detailed and site specific recreational management planning process with the assistance of a public advisory group.

Page 4 of 4 6.3.3

Environment and Environnement et l+I Climate Change Canada Changement climatique Canada

January 29th, 2016

RE: Seeking your input on draft recovery documents for SARA listed species at risk in B.C.

As you may be aware, Environment and Climate Change Canada has developed a three year work plan which includes completing recovery strategies and management plans for over 80 wildlife species at risk in B.C. For your reference, we have attached a document listing these species and the status of the associated recovery documents (i.e., drafts available, drafts in early development, and documents posted on the Species at Risk public registry). Whenever possible we aim to inform those who may be impacted by the development of these documents before they are made available to the general public for comment.

We currently have draft documents prepared for the following species found in the Regional District of East Kootenay:

• Northern Leopard Frog, Rocky Mountain population (Endangered) - a frog found in the southeastern corner of British Columbia. Please note that draft critical habitat for this species has been identified in the Regional District of East Kootenay. • Coeur d'Alene Salamander (Special Concern)- a salamander found in a few areas of southeastern British Columbia. • Northern Rubber Boa (Special Concern) - a snake found in roughly the southern third of mainland British Columbia. • Western Toad (Special Concern) - a toad found throughout most of British Columbia.

Given the size of the documents, we have not included the full drafts with this letter. Please let us know if you would like us to provide these to you. We have included overviews for the species with draft documents available, and a questionnaire that you may find helpful in your review. To further aid you in your review, and to assist with your land use planning, we can provide digital spatial data for areas identified as critical habitat for several SARA listed species. If you would like to receive these data and you do not already have a confidentiality agreement with Environment Canada, please have a senior representative in your organization sign the attached 'Restricted Data Licensing Agreement' and mail the signed hard copy to the address found at the end of this letter.

While there are no deadlines for providing input on these draft recovery documents, we encourage you to contact us as soon as possible so that we may more fully incorporate your comments. We will also send an email notification at the start of the 60 day public comment period for each individual recovery document once posted to the public registry.

We would also like to inform you that, to the extent possible, we will notify private landowners that may have critical habitat identified on or near their property ofthe opportunity to provide comments on these draft documents. As effectively reaching landowners can be a challenge with the tools available to us, we would greatly appreciate it if you could notify your community members of the opportunity to provide input by posting an announcement on your website, social media, or other communication tools you may use. Feel free to use the text from the attached materials. 1 Canada Environment and Environnement et l+I Climate Change Canada Changement climatique Canada

As local governments you play a critical role in safeguarding the natural areas within your jurisdiction that species at risk depend on to recover or survive. Here are some ways you can be involved in recovery efforts:

o Provide us with information we can use to improve the recovery documents

o Continue to conserve species at risk using the tools unique to local governments such as bylaws, zoning, and permitting

o Utilize stewardship tools and resources such as covenants, easements, stewardship agreements, and apply to Environment Canada's various funding programs (e.g., the Habitat and Stewardship Fund for Species at Risk)

o Promote conservation of species at risk and help inform your constituents about the Species at Risk Act and its importance

Thank you in advance for your input. We understand that species at risk is one of many priorities for your communities and we appreciate the time you have invested in working with us.

We look forward to continuing to work together on species at risk recovery.

Respectfully,

Randal Lake Head, Species at Risk Recovery Canadian Wildlife Service Environment and Climate Change Canada Pacific and Yukon Region 5421 Robertson Rd, RR1 Delta, BC V4K 3N2

Enclosed: • Fact sheet on recovery documents with a list of recovery documents on the three year work plan • Overviews of species with draft recovery documents available for consultation • Species at risk recovery planning questionnaire • Restricted Data Licensing Agreement

2 Canada

Fact Sheet on Recovery Documents

This fact sheet provides a brief description of each type of recovery document developed under the Species at Risk Act. Recovery documents can be developed in cooperation with aboriginal peoples and others who may be affected by a recovery document or have knowledge of the species.

Consultation on each document takes place, once a draft is available, with aboriginal peoples and others who may be directly affected by the recovery document. Consultation also takes place on the SARA Registry (sararegistry.gc.ca) for a 60 day public comment period. Following the comment period, all information received will be incorporated to the extent possible and the document will be posted as final to the SARA registry. Though posted as final, recovery documents can be updated any time new significant information becomes available.

Recovery Strategies

Recovery strategies are required for species that are listed on SARA Schedule 1 as threatened, endangered, or extirpated. A recovery strategy identifies threats to the species and establishes population and distribution objectives. If enough information is available, a recovery strategy also identifies critical habitat. Critical habitat is the habitat needed for the survival or recovery of a species. Critical habitat is identified by describing the area that a species uses and (within that area) the particular environmental features (e.g., amount of moisture) the species needs to live and reproduce. These features are often called "biophysical attributes" in the recovery strategy.

Note that digital geospatial data outlining critical habitat identified in recovery strategies posted on the Species at Risk Public Registry can be downloaded from: http://donnees.ec.gc.ca/data/species/developplans/critical-habitat-for­ species-at-risk-british-columbia/?lang=en.

Management Plans

Management plans are required for species listed as special concern on SARA Schedule 1. Management plans describe measures to be taken for the conservation of the species, but it does not identify specific areas of habitat critical to the survival of the species.

Action Plans

Actions plans may be developed for a single species or multiple species. Action plans outline the projects or activities required to meet the goals and objectives identified in recovery strategies. An action plan includes information on the species habitat, protection measures, and an evaluation of the socio-economic costs and benefits.

Page 1 Update on Environment Canada's Three-Year Recovery Document Posting Plan for species in British Columbia - As of January 22, 2016.

In the list below, you will find the current stage of development for each document, the names and types of species, as well as the general areas in which the species are found in British Columbia.

Draft documents available for consultation

Endangered ¢ Blue-grey Taildropper Slug - a slug found in a few locations on southern Vancouver Island. ¢ Edwards' Beach Moth - a moth found in a few locations on Vancouver Island and the Gulf Islands. ¢ Northern Leopard Frog, Rocky Mountain population - a frog found in the southeastern corner of B.C. ¢ Sharp-tailed Snake - a snake found in southeastern Vancouver Island, the Gulf Islands, and on the mainland near Pemberton, B.C. ¢ Streambank Lupine - a plant found in the lower Fraser valley and on southern Vancouver Island. ¢ Tall Bugbane - a plant found in the Cultus Lake and Chilliwack River area of southwestern B.C. ¢ Wallis' Dark Saltflat Tiger Beetle - a beetle found in south-central B.C. ¢ Whitebark Pine - a tree found in the interior of B.C.

Threatened ¢ Cliff Paintbrush - a plant found in the southern Coast Mountains of B.C. ¢ Lyall's Mariposa Lily (COSEWIC assessed as Special Concern) - a plant found in the southern interior of B.C. ¢ Mountain Holly Fern - a plant found in a small area outside of Princeton in B.C.'s southern interior. ¢ Red Knot roselaari type - a bird that travels along the coast of B.C. ¢ Seaside Bone Lichen - a lichen found on the southern tip of Vancouver Island.

Special Concern ¢ Band-tailed Pigeon - a bird found mostly on the southern coast and islands of B.C. with smaller numbers stretching eastward. ¢ Coastal Tailed Frog - a frog found in the Coast and Cascade mountain ranges of B.C. ¢ Coeur d'Alene Salamander - a salamander found in southeastern B.C. ¢ Great Blue Heron, fannini subspecies - a subspecies of heron found in the lower Fraser River valley, along the coast, and on most islands of B.C. ¢ Northern Red-legged Frog - a frog found on Vancouver Island and approximately the southern half B.C.'s coast. ¢ Oldgrowth Specklebelly Lichen - a lichen found on the coast and islands of B.C. ¢ Western Toad - a toad found throughout most of B.C.

Page 2 Draft documents in early development

Extirpated c:> Greater Sage-Grouse phaios subspecies - a bird previously found in the Okanagan and Similkameen valleys. c:> Pacific Gophersnake - a snake previously found in southwestern British Columbia. c:> Pygmy Short-horned Lizard - a lizard previously found in the Okanagan and Similkameen valleys in British Columbia.

Endangered c:> American Badger jeffersonii subspecies - a mammal found in the southern interior of B.C. c:> Bent Spike-rush, Southern Mountain population - a plant found in a small area near Osoyoos Lake. c:> Desert Nightsnake - a snake found in the southern Okanagan and Similkameen valleys of BC. c:> Mormon Metalmark, Southern Mountain population - a butterfly found in the Similkameen valley of British Columbia's southern interior. c:> Small-flowered Lipocarpha - a plant found in south-central B.C. c:> Spalding's Campion - a plant found in southeastern B.C. c:> Tiger Salamander, Southern Mountain population - a salamander found in a small area in the southern Okanagan in B.C. c:> Vancouver Island Marmot - a rodent found on Vancouver Island. c:> Victoria's Owl-clover - a plant found in a small area on the coast of southeast Vancouver Island. c:> Western Screech-Owl macfarlanei subspecies - an owl found in the southern interior of British Columbia.

Threatened c:> Alkaline Wing-nerved Moss - a moss found in south-central and south-eastern B.C. c:> Great Basin Gophersnake - a snake found in the southern interior of B.C. c:> Great_Basin Spadefoot - a frog found in south-central British Columbia. c:> Showy Phlox - a plant found in south-central British Columbia. c:> Western Rattlesnake - a snake found in the southern interior of British Columbia. c:> Coastal Giant Salamander - a salamander found in the Chilliwack River valley. c:> Mexican Mosquito-fern - a plant found in a small area in the southern interior of B.C. c:> Pallid Bat - a bat found in a small area of the Okanagan valley in southern B.C. c:> Phantom Orchid - a flower found in the extreme southwest of B.C. c:> Wood Bison - a large mammal found in northeastern B.C.

Special Concern c:> Barn Owl, Western population (COSEWIC assessed as Threatened) - an owl found in southwestern B.C. c:> Peregrine Falcon, pealei subspecies - a bird found on the central coast and islands of B.C. c:> Threaded Vertigo - a plant found on the Sunshine Coast, southern Vancouver Island, and in the southern Gulf Islands of B.C. c:> Western Painted Turtle, lntermountain, Rocky Mountain population - a turtle found in B.C.'s southern interior. c:> Western Painted Turtle, Pacific Coast population - a turtle found in the lower Fraser valley and on the south coast of B.C. including southern Vancouver Island and some of the Gulf Islands. ¢ Western Screech-Owl kennicottii subspecies - an owl found on Vancouver Island along the mainland coast of B.C.

Page 3 Documents posted as proposed on the Species at Risk Public Registry

Endangered c::> Halfmoon Hairstreak - a butterfly found in the southern Okanagan valley. c::> Little Brown Myotis - a bat found throughout most of B.C. c::> Northern Myotis - a bat found in northeastern B.C. c::> Oregon Forestsnail - a snail found in the lower Fraser valley in southwestern B.C. c::> Rocky Mountain Tailed Frog - a frog found in southeastern B.C. c::> Townsend's Mole - a mammal found in a small area of B.C.'s Fraser valley. c::> Yellow-breasted Chat aurico/lis subspecies, Southern Mountain population - a bird found in the southern interior of B.C. Threatened c::> Behr's (Columbia) Hairstreak - a butterfly found in the southern Okanagan valley. c::> Canada Warbler - a bird found in the northeastern corner of B.C. c::> Common Nighthawk - a bird found throughout most of B.C. c::> Lewis's Woodpecker - a bird found in the southern half of B.C.'s interior. c::> Olive-sided Flycatcher - a bird found throughout most of B.C., with the exception of Haida Gwaii. ¢ Smooth Goosefoot - a plant found in southeastern B.C.

Special Concern c::> Ancient Murrelet - a bird that travels along the coast of B.C. and breeds in Haida Gwaii. c::> Black-footed Albatross - a seabird found off the coast of B.C. c::> Monarch - a butterfly found in southern B.C. c::> Northern Rubber Boa - a snake found in roughly the southern third of mainland B.C. c::> Peregrine Falcon, anatum/tundrius subspecies - a subspecies of bird found in the lower Fraser valley, the south coast, and southern islands of B.C. Documents posted as final on the Species at Risk Public Registry

Extirpated c::> Pacific Pond Turtle - a turtle previously found in southwestern B.C. Endangered c::> Oregon Spotted Frog - a frog found in the lower Fraser valley in southwestern B.C. c::> Pacific Water Shrew - a small mammal found in the lower Fraser River valley region of southwestern B.C. c::> Sage Thrasher - a bird found in the southern interior of B.C. c::> Scarlet Ammannia - a plant found in the Osoyoos Lake area of B.C.'s southern interior. c::> Toothcup - a plant found in a few locations near Osoyoos and Kamloops, B.C. Threatened c::> Porsild's Bryum - a moss found in northern B.C. Special Concern c::> Mountain Beaver - a rodent found in the southwestern part of mainland B.C. c::> Nuttall's Cottontail nutta/lii subspecies - a rabbit found in the Okanagan and Similkameen valleys of south-central B.C. c::> Rusty Blackbird - a bird found in the central and northern interior of B.C. c::> Short-eared Owl - an owl found in the Fraser River delta, the Fraser valley, and into a wide area of B.C.'s interior. c::> Sonora Skipper - a butterfly found in the southern interior of B.C. c::> Spotted Bat - a bat found in the Fraser valley and the central and southern interior of B.C. c::> Vancouver Island Beggarticks - a plant found in the lower Fraser valley, southern Vancouver Island, and possibly the central coast of B.C. c::> Warty Jumping-slug - a slug found on southern Vancouver Island. c::> Western Harvest Mouse megalotis subspecies - a mouse found in the southern interior of B.C. c::> Western Skink - a lizard found in the extreme southern portion of B.C. c::> Western Yellow-bellied Racer - a snake found in the southern and central interior of B.C.

Page 4 6.3.4 ...Bl{ITISH COLU!\IBIA

File: 4405656 Reserve No.: R164002 February 2, 2016 Ministry of Forests Lands and Natural Resource Operations 1902 Theatre Road Cranbrook, BC V1 C 7G1

Attention: Ray Morello, Director of Authorizations Notice of Establishment Conditional Withdrawal From Disposition (Section 17)

WHEREAS: The undersigned has been charged with the administration of Section 17 of the Land Act, and

WHEREAS: The undersigned considers it advisable in the public interest to establish a conditional withdrawal from disposition over the area identified on the attached map; then

THEREFORE: The Crown land area outlined on the attached map is hereby temporarily withdrawn from disposition except for completion of the Official Community Plan for Tie and Rosen Lake for a period of 5 years. The area is hereby withdrawn from disposition under the Land Act for any purpose or use other than the above and others deemed compatible with or ancillary to the above by the undersigned, effective this date.

No Dispositions under the Land Act may be made of any of the Reserve Area, with the exception of:

1. Dispositions to replace, amend within the existing footprint or extend the term of any existing tenure under the Land Act. 2. Assignment of existing tenures. 3. Applications for private individual docks fronting the dockowners' private property.

Any applications outside the above parameters should not be accepted unless the applicant has a resolution from the Board stating that the Regional District of East Kootenay is supportive of the application. 1ek ;; /1r, Sharon Dailey Date Signed ' Section Head, Lands Authorizations Kootenay Boundary

Ministry of Forests, f.:owenay HounJ~ll'} llcgirn1 .\l.11\n1g _\dJ""" .u1d I, 1t:;U11111_ l'hrnll': 1511·11(1-I7M> t 1102 'l'h<'.Hrc Ru.1J Lands and Natural \'a_\: 250 426-171>7 ( -r.111hr110~ Ill: \'I<: 7l; 1 \Vcb>ll<·: ""'""·g<>\-.bcc1 Resource Operations

7.1.1

Area A Advisory Planning Commission Meeting

Fernie Chamber of Commerce Office, January 19, 2016

Present Joe Caravetta Dale Garrett Mike Sosnowski Blair Chatterson Karen Alexander Dave Beranek

Presentation given by Steve and Laurua Klafki regarding Jubinville application P715 126. They advise that there is already a house on the proposed subdivision. House was for farm helper but is not needed anymore for that and they now wish to subdivide the 5 acres and have separate title under 946 government act. They acknowledge the requirement that the subdivided parcel cannot be sold within 5 years of subdivision. The present house does not share any well, septic or road access with any other residence.

Presentation given by Brian Schmidt on Salekin application P715 127. This is the same application the APC previously supported and they want to re-apply to the ALC for reconsideration.

Information Items

1.1 Meeting guide No issues 1.2 Memo online agendas some members don't have computer or printer, members are willing to give it a try 1.3 ALC decision Luminary Holdings discussed

Minutes

2.1 APC Meeting December 15, 2015

Motion made by Dale to accept the minutes as presented, seconded by Karen, motion passed

2.2 Planning committee meeting dee 3, 2015

No concerns Reports

3.1 Planning and development Service report- January 2016

No issues

ALR Applications

4.1 p715 126 Jubinville

Motion made by Dale to support the application as presented, seconded by Blair

Motion passed

4.2 p715 127 Salekin

Motion made by Dale to support the application as presented, seconded by Joe,

Motion passed

NRO Referrals

Reviewed by committee

Next APC meeting February 16, 2016 7.1.2

APC Meeting, January 20, 2016, Baynes Lake Fire Hall Meeting was called to order at 7:20 P.M. by committee chair Shayne Webster. Members in attendance were: Director Doehle, Mary Charlton, Dave Gonnelly, Alan Agate, Kent Holmes, and Shayne Webster. Members absent were: Wendy Salanski, Astrid Bolter and Jeannette Selwood

INFORMATION ITEMS 1.1 Meeting Guide The committee would like clarification of point #1 of the meeting guide: The Commission is only to consider the written information included in the agenda package. Our understanding is: Advisory Committee members were appointed so that local knowledge, regarding issues and concerns, could be provided and reflected upon in our discussions. Using only the written information provided by the applicant seems to defeat the purpose of having an Advisory Committee. 1.2 Memo-Online agenda was discussed. 1.3 ALC Decision - BC Hydro non-farm use was discussed.

MINUTES 2.1 APC minutes from December 16, 2015 were reviewed and discussed for errors or omissions. Motion to accept the minutes as presented. Moved: Dave Second: Kent Carried

2.2 Planning Committee Meeting Minutes -December 3, 2015 were reviewed and discussed.

REPORTS 3.1 Planning & Development Services Report - January 2016 was reviewed and discussed. The Committee would like clarification as to what work was done at Edwards Lake, as noted under the East Kootenay Integrated land Management Plan.

MoTI REFERRALS 4.1 P201 200 - South Country Enterprises/ Burton Lake Estates Rd, Elko area

Motion to accept the South Country Enterprises/ Burton Lake Estates Road application as presented. Moved: Alan Second: Kent Carried

NRO REFERRALS 5 .1 P 151 200 - Gabinet License of Occupation for a Roadway/ Tie Lake area The committee understands the intent of the application but is surprised that there were no comments regarding MoTI's position regarding the road. Motion to accept the Gabinet's application for a License of Occupation for a Roadway at Tie Lake, on condition that it is approved by MoTI.

ROUND TABLE: The Area B committee has sent in a nomination package to the BC Community Achievement Awards committee, for Dorothy Durham, outlining her 40 plus years of community service in the South Country. Shayne Webster is very pleased to announce the Ribbon Cutting Ceremony for the Elko 1 Volunteer Fire Hall on Sat. Jan 3 0 h at 1:OOpm.

Meeting adjourned 8:25PM 7.1.3

ARE PLANNING COMMISSION AREA 'C'

Minutes of a meetlng held on the 2ot1i January 2016 at 7:30 p.m.

Present: Lawrence McGlbbon, Chair, Bob Bjorn, Dave Melenka, Brian Passey, Wayne Stone, Joan Wiison, Richard Wake, Rob Gay, Director Area 'C' and Peter Caws, Secretary.

• The Meeting Guide -All members are aware of the contents of the Meeting Guide and the minutes will reflect the guidelines. • The Memo regarding online agendas was discussed. In the case of Area 'C' one of our Commissioners does not have internet hence would miss out on receiving the proposed online meeting agendas. Furthermore although It may make things easier for the RDEK staff and reduce the amount of printed paper it will greatly Increase the workload of the Commissioners who will have to download the material and print it out themselves on their own paper, as they do not have computers with the material on it available for their use at meetings. Although this is the modern way it was felt that in this case it would be a unnecessary hurdle for the Commissioners. Hence they would like to retain the status quo and continue to receive all the required Information In printed format. • The ALC decision on the Pukas & Walton (Mitchell) request was reviewed as was the Pennington mine application in the Wildhorse area. • The minutes of the December16th 2015 APC Meeting were accepted as written. • The minutes of the Planning Committee meeting of the 3rd December 2015 were reviewed • The Planning and Development Services report for January was also reviewed.

BYLAW AMENDMENT APPLICATION - PELTON 9YH AVENUE CRANBROOK P715 351

Lavon and Lloyd Pelton indicated that this reqw~st was occasioned by the fact that they were now 'empty nesters' and wished to downsize from their present home to a smaller one to be built on half of the present property. They Indicated that all the properties up to theirs had been split Into smaller parcels. They responded to a few questions, were thanked and departed the meeting.

It was agreed, although not unanimously as one commissioner was opposed, that this was a reasonable request and would fit in with the other properties in the area. Hence it is strongly recommended that this bylaw amendment be approved. BYLAW AMENDMENT APPLICATION - DUNNING -JIMSMITH LAKE • P 715 353

This bylaw amendment application was first applied for in February 2014 and at that time because of the perceived viability of a campsite without water, power and septic hook-ups was not considered very good, plus the fact that commercial development in that area was opposed by 50% of the commissioners no recommendation was made.

Since that time the applicant has apparently continued to develop the area even though no authorization has been granted. Nothing has really changed since the original application except the recommendations of the commissioners who, after reviewing this request were all in agreement that commercial development was not needed in that area nor should it be encouraged. Hence it Is recommended that this application not be approved.

NRO REFERRAL-TRANSROCKIES - P 151 300

This request from Transrockies, Aaron Mcconnel, for a temporary licence of occupation for a special event bike race to be held on the 25th July 2016 is part of a six stage single track mountain bike race one of which in in rural Cranbrook area, the other areas are Golden, Kimberley and Fernie.

The commissioners were all in favour of allowing this excellent event to take place with one proviso, that being that the area used is left completely clear of any garbage or other refuse when the event is over.

There being no further business the meeting was adjourned at 8:30 pm.

Peter J Caws, Secretary, 7.1.4

MINUTES

ADVISORY PLANNING COMMISSION AREA E

Meeting Date: January 12, 2016

Location: Jim Westwood's residence 8563 Holmes Road, Fort Steele.

Present: Judy McPhee, Barry Garland, Wilma Harding, Susanne Ashmore, Jane Walter, Jim Westwood, Marie Kolmann, Len Hunt, Gord Olsen, Bob Eccleston, Doug Barraclough, and Virginia West.

Absent: Bev Rauch

Chair: Jim Westwood

Minutes: Bob Eccleston moved that the December 8, 2015 minutes be adopted. Judy McPhee seconded the motion.

Reports: Planning and Development Services Reports- January 2016 Members referred to the sheets that the received in the mailed package. Jane Walter gave a report on the Board meeting.

NRO Referral:

P 151 400 - Transrockies Inc. I St. Mary River area Gord Olsen moved that the special biking event be held on trails that are within the Kimberley City limits and not in Area E. Bob Eccleston seconded the motion. Carried Unanimously Memos:

Planning and Development Services- Online Agendas

Most of the members preferred to have the packages mailed to them as the Internet service in their area is not adequate. Three members gave their email addresses: Susanne Ashmore [email protected] Marie Kolhmann [email protected] Virginia West [email protected]

APC Meeting Guide

Members received this in their packages.

The meeting was adjourned at 8:00. The next meeting will be held at Judy McPhee's house on Tuesday, February 9, 2016 at 7pm. 7.1.5

Advisory Planning Commission Areas F & G January 19, 2016 Windermere Old Fire Hall 1627 Highway 93/95

PRESENT

AreaG Area F Gerry Wilkie Dir Wendy Booth Dir Norm Funnell Norbert Schab Chair Roberta Hall Mary Ann Csokonay Rick Tegart Cheryl Willard Stephanie Stevens Ann Manni Hermann Mauthner Colleen Roberts Rosemary Oaks Secretary

Delegates -no delegates

Meeting called to order 8:08 p.m.

Election of Chair Norbert nominated by Norm Funnell Seconded by Colleen Roberts After 2 additional calls for nominations Carried

Election of Vice Chair Paul nominated by Stephanie Stevens (Wendy accepted for Paul) Seconded by Roberta Hall After two additional calls for nominations Carried

Approval of December 2015 minutes - Roberta Hall Seconded - Norm Funnell Carried

Received December Planning Committee minutes and January Planning and Development Services Report

.. ./2 Advisory Planning Commission Areas F & G January 19. 2016 Page2

ALR Subdivision - Rick Tegart excused himself for potential conflict of interest and left the room 3.1 P 151 615 - Jopp/Spur Valley Motion to support - Norm Seconded - Hermann Carried As the area being subdivided will be less than the allowable size for A2, will it be rezoned? Director Booth explained the steps for subdivision and that rezoning would follow should the subdivision be approved. Rick Tegart returned to the meeting

4. Planning & Development Services Memo - Online Agendas Members wondered if the pass words were being given out at this meeting and discussed the logistics of online agendas; printing their own copies, having the secretary print them for the meeting, having personal devices at the meeting etc.

5. APC Meeting Guide The Meeting Guide was discussed and reviewed at the December 2015 meeting.

Meeting Adjourned - 8:22 pm Stephanie

****Next Meeting Tuesday February 16, 2016***** 8.1

Request for Decision P714114 p 715 501

Date January 20, 2016 Author Andrew Mcleod, Manager of Planning & Development Services Luminary Holding Corporation and Charabin and Rosenfeld Non-Farm Use Subject Applications

REQUEST Send a letter to the Agricultural Land Commission expressing the Board's concerns with two recent non-farm use decisions.

OPTIONS 1. THAT a letter be sent to the Agricultural Land Commission advising that the Board does not agree with the Reasons for Decision issued by the Commission for the Luminary Holding Corporation and the Charabin and Rosenfeld non-farm use applications.

2. THAT no further action be taken regarding the Reasons for Decision issued by the Agricultural Land Commission for the Luminary Holding Corporation and the Charabin and Rosenfeld non-farm use applications.

RECOMMENDATION Option 1.

BACKGROUND/ANALYSIS At the January 8, 2016 Board meeting, Director Taft inquired as to whether the Board would like to send a letter to the ALC regarding two recent non-farm use decisions. Specifically, the two decisions were:

1. To not approve a non-farm use proposal by Luminary Holding Corporation to construct a new 16 person guest lodge with communal dining and meeting facilities and two attached residential dwellings and accessory buildings on a 56 ha property near Hosmer in Electoral Area A.

2. To not approve the use of an existing dwelling and accessory building for private functions including weddings and rural retreats on a 32 ha property owned by Charabin and Rosenfeld near lnvermere in Electoral Area F. ·

Both applications had been previously supported by the Board and Director Taft noted at the January meeting that:

• both properties had limited agricultural soil capability ratings;

Page 1of2 Request for Decision January 20, 2016 Luminary Holding Corp. I Charabin and Rosenfeld Non-Farm Use Applications p 714114 & p 715 501

• the proposals were limited in size and scale so as to mitigate the impacts on the agricultural potential of the parcels; and, • both proposals would bring economic potential to properties with limited present agricultural use.

Page 2 of 2 9.1.1

Staff Report ... Bylaw Amendment Application

Date: January 28, 2016 File: P 715 351 Bylaw Nos. 2668 & 2669

Applicant: Lavon and Lloyd Pelton Location: 2210 - 8 Ave., South of Cranbrook Legal: Lot 29, District Lot 7225, KO, Plan 1094

Proposal: To amend the OCP and zoning designations of the property to accommodate a subdivision to create two 1.4 ha lots. One lot has an existing home and one lot will be vacant. Both lots will be serviced with individual groundwater wells and onsite sewage disposal systems.

Development The applicants have offered a development agreement covenant which Agreement: states that they will:

1) Register a building envelope covenant directing new buildings away from the centre of the new lot to provide for possible service corridors in case of future annexation by the City.

Options: 1. a) THAT Bylaw No. 2668 cited as "Regional District of East Kootenay - Rockyview Official Community Plan Bylaw No. 2255, 2010 - Amendment Bylaw No. 16, 2015 (Cranbrook South I Pelton)" be introduced for first reading;

and further, that the Board is satisfied that the OCP consultation identified in the staff report is appropriate.

b) THAT Bylaw No. 2669 cited as "Regional District of East Kootenay - Cranbrook Rural Zoning Bylaw No. 1402, 2001 - Amendment Bylaw No. 39, 2015 (Cranbrook South I Pelton)" be introduced for first reading;

and further, that a development agreement containing the items identified in the January 28, 2016 staff report be registered on title prior to bylaw adoption.

2. a) THAT Bylaw No. 2668 cited as "Regional District of East Kootenay - Rockyview Official Community Plan Bylaw No. 2255, 2010 - Amendment Bylaw No. 16, 2015 (Cranbrook South I Pelton)" not proceed.

b) THAT Bylaw No. 2669 cited as "Regional District of East Kootenay - Cranbrook Rural Zoning Bylaw No. 1402, 2001 - Amendment Bylaw No. No. 39, 2015 (Cranbrook South I Pelton)" not proceed. Bylaw Amendment Application Page 2 Pelton P715351

Recommendation: Option #1 Although subdivision is generally not supported in the Cranbrook south subarea, the proposal represents infill development because it is within and surrounded by an established residential neighbourhood and it proposes lot sizes similar to many that already exist on the east side of 9th Avenue South. The commitment to direct new buildings away from the centre of the new lot addresses the City of Cranbrook's comments in case of future annexation of the area.

Property OCP Designation: MH, Medium Holdings Information: Proposed OCP Designations: SH, Small Holdings

OCP Objectives & Policies: • To contain future residential development within established residential areas and areas zoned for development;

• To support residential development on a range of rural parcel sizes;

• To maintain minimum parcel sizes that reflect the rural character of the individual subareas;

• Subdivision is generally not supported within the Cranbrook South subarea; however, limited infill development is supported within the area known as the South Hill for parcels designated as R-RES provided that no more than one additional parcel per subdivision application is created and a minimum parcel size of 1 hectare is maintained.

Current Zoning: RR-2, Rural Residential (Small Holding) Zone (minimum parcel size: 2 ha)

Proposed Zoning: RR-1, Rural Residential (Estate) Zone

Parcel Size: 2.8 ha (6.9 ac)

Density: Existing: one single family dwelling

Proposed: 2 residential lots

Potential: The maximum number of lots possible within the proposed zone designations is 2.

ALR Status: Not within

Interface Fire Hazard Rating: High; within Cranbrook Rural Fire Protection Area

BC Assessment: Residential with a single family dwelling

Water and Sewer Services: Onsite services Bylaw Amendment Application Page 3 Pelton p 715 351

Professional None. Studies:

Additional None Information:

Consultation: Section 879 of the Local Government Act requires that local government consider the depth and breadth of consultation to be undertaken with persons or organizations that it considers may be affected by the proposed OCP amendment. Consultation completed to date for this amendment includes referral of the bylaw to the following organizations. In addition, there will be opportunity for discussion with the public prior to the commencement of the public hearing.

Advisory Commissions:

APC Area C: Approval recommended

Referral Agencies: • Interior Health Authority: Recommends that an "Authorized Person" as defined in the Sewerage System Regulation investigate the subject property and provide a written report confirming whether or not there are suitable sites for the installation of onsite sewerage dispersal systems on the two proposed lots.

The report should confirm whether or not suitable sites exist on each proposed lot for the installation of two Type 1 sewerage systems on each lot which includes an initial system and a replacement system should the initial system fail. The sewerage systems should be sized to service a four bedroom dwelling.

• Transportation & Infrastructure: Interests unaffected. The applicant is required to apply to the Ministry for subdivision approval and will be required to meet all Ministry requirements as specified during the subdivision approval process.

• Environmental Protection: No response

• Water Stewardship: No response

• Environmental Stewardship: No response

• Ktunaxa Nation Council: No response

• School District No. 5: Interests unaffected.

• Telus: No response

• City of Cranbrook: Interests unaffected but development of the parcel should take into account future development potential of the lands if the area were to be incorporated into the City of Cranbrook. Bylaw Amendment Application Page4 Pelton P715351

Documents • Bylaws Attached: • Location Map • Land Use Map • Proposal

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] REGIONAL DISTRICT OF EAST KOOTENAY

BYLAW NO. 2668

A bylaw to amend Bylaw No. 2255 cited as "Regional District of East Kootenay - Rockyview Official Community Plan Bylaw No. 2255, 2010."

WHEREAS the Board of the Regional District of East Kootenay has received an application to amend Bylaw No. 2255;

AND WHEREAS the Board deems it desirable to make this amendment as aforementioned;

NOW THEREFORE, the Board of the Regional District of East Kootenay in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as "Regional District of East Kootenay - Rockyview Official Community Plan Bylaw No. 2255, 2010 - Amendment Bylaw No. 16, 2015 (Cranbrook South I Pelton)."

2. The designation of Lot 29, District Lot 7225, Kootenay District, Plan 1094 outlined on the attached Schedule A, which is incorporated in and forms part of this Bylaw, is amended from MH, Medium Holdings to SH, Small Holdings.

READ A FIRST TIME the day of '2016. READ A SECOND TIME the day of '2016. READ A THIRD TIME the day of '2016.

ADOPTED the day of 2016.

CHAIR CORPORATE OFFICER I I I I I 56 I I 57 I I I

..., I I I P.1094

44 I I NEPB too-

39 A B

A

I I I I I I ROAD 2,5 I 2 7 4 I 26 I I en I I (])

I ~ I .s::::.co I A I I I I 16 REM_ I I NEP658 9

I I I I 1 3 14 I I A I I P. 1094

I I

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.,_ ( ----__ ) I I I 1 / / / / / / / / This Is Schedule A referred to in Bylaw No. 2668 cited as / "Regional District of East Kootenay - Rockyvlew Official Community Plan Bylaw No. 2255, 2010 -Amendment Bylaw No 16, 2015 {Cranbrook South I Pelton)."

02 Chair

Corporate Officer

Date REGIONAL DISTRICT OF EAST KOOTENAY

BYLAW NO. 2669

A bylaw to amend Bylaw No. 1402 cited as "Regional District of East Kootenay - Cranbrook Rural Zoning Bylaw No. 1402, 2001."

WHEREAS the Board of the Regional District of East Kootenay has received an application to amend Bylaw No. 1402;

AND WHEREAS the Board deems it desirable to make this amendment as aforementioned;

NOW THEREFORE, the Board of the Regional District of East Kootenay in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as "Regional District of East Kootenay- Cranbrook Rural Zoning Bylaw No. 1402, 2001 - Amendment Bylaw No. 39, 2015 (Cranbrook South I Pelton)."

2. The designation of Lot 29, District Lot 7225, Kootenay District, Plan 1094, outlined on the attached Schedule A, which is incorporated in and forms part of this Bylaw, is amended from RR-2, Rural Residential (Small Holding) Zone to RR-1, Rural Residential (Estate) Zone.

READ A FIRST TIME the day of '2016. READ A SECOND TIME the day of '2016. READ A THIRD TIME the day of '2016.

ADOPTED the day of 2016.

CHAIR CORPORATE OFFICER I 56 / I 57

I NEPB iM //NEP I 39 A I B I A

I I I I I I ROAD 2 7 4 25 I 26 I I I (f) I I Q) I

I ~ I ..c: I I co A I I I 16 REM_ I I NEP658 9

I I I I 13 14 I I P. 1094 A

I I I 4 3 I

I '--­ / ------...--- ( ) I I '--- / 1 / I / / / / / / This is Schedule A referred to in Bylaw No. 2669 cited as / "Regional District of East Kootenay - Cranbrook Rural Zoning Bylaw No. 1402, 2001 -Amendment Bylaw No 39, 2015 (Cranbrook South I Pelton)."

02 Chair

Corporate Officer

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B3'f.o FT. ~ ~ . 9.1.2

Request for Decision P 070 001 & Shj 065 001

Date January 21, 2016 Author Andrew Mcleod, Manager of Planning & Development Services Advisory Planning Commission and Electoral Area Advisory Commission Subject B laws

REQUEST Adopt new Advisory Planning Commission (APC) and Electoral Area Advisory Commission (EAAC) Bylaws, and repeal the Agricultural Advisory Commission (AAC) Bylaw, in order to restructure the APCs to include agricultural sector representation in all electoral areas.

OPTIONS

1. a) THAT Bylaw No. 2679 cited as "Regional District of East Kootenay - Advisory Planning Commission Bylaw No. 2679, 2016" be introduced for first reading.

b) THAT Bylaw No. 2680 cited as "Regional District of East Kootenay - Electoral Area Advisory Commission Bylaw No. 2680, 2016" be introduced for first reading.

2. THAT Bylaws No. 26(9 and 2680 not proceed.

3. THAT Bylaws No. 2679 and 2680 be referred to staff for further consideration.

RECOMMENDATION Option 1 a) and 1b).

·- BACKGROUND/ANALYSIS At its October 2, 2015 meeting, the Board discussed the implementation of the RDEK Agricultural Plan, specifically the plan's recommendation to restructure the RDEK's Advisory Committees to provide agriculture sector representation for all electoral areas. The Board passed a resolution directing that options be prepared for restructuring the APCs to provide this representation.

At its January 7, 2016 meeting the Planning & Development Services Committee provided additional direction regarding the content for a bylaw to allow for the APCs to be reconstituted with agriculture sector representation. As a result, some minor amendments to the EAAC bylaw were required in recognition of the overlapping membership in the two advisory bodies.

Page 1of2 Request for Decision January 21, 2016 Advisory Planning Commission and Electoral Area Advisory Commission Bylaws P 070 001 & Shj 065 001

The following changes have been made to the bylaws: • Commission membership has been increased from a maximum of 12 members to 15; and from 15 members to 17 in the case of combined commissions. • At least one member of each APC must be appointed specifically to represent the agricultural sector in each Electoral Area. • Updated references to the new Local Government Act. • Updated language related to the public nature of Commission meetings. • The APC and EAAC bylaws are now consistent including the provision that any person, except a corporation, residing or owning property within the electoral area may be appointed to the Commission; at least two thirds of the Commission must be residents of the electoral area. • The AAC Bylaw No. 2263 is repealed.

SPECIFIC CONSIDERATfONS Regional Sustainability Strategy 9.3.5 Agricultural Planning Support for the local food industry and the region's agricultural resources will be provided through the implementation of relevant plans and the supporting policies and actions.

Strategic Priority _ Agricultural Plan Implementation is a 2015/16 strategic priority; restructuring the AAC/APC was specifically identified as a near term opportunity.

Policy RDEK Agricultural Plan 3.1.2. Agricultural Advisory Committee The RDEK enhance the existing Agricultural Advisory Commission to include producer representation from all six electoral areas, and develop appropriate terms of reference to guide and govern the-committee's function.

The Board has opted to restructure the APCs to achieve this objective instead of continuing with a separate AAC.

Financial - Budget The repeal of the AAC bylaw in conjunction with only a minor increase in the size of the existing APCs is expected to have a neutral effect on the Planning & Development Services budget.

Attachments: APC Bylaw No. 2679 and EAAC Bylaw No. 2680 ec: Shannon Moskal, Corporate Officer

Page 2 of 2 REGIONAL DISTRICT OF EAST KOOTENAY

BYLAW NO. 2679

A bylaw to establish advisory planning commissions

WHEREAS the Board desires to establish advisory planning commissions to advise on all matters respecting land use, community planning or proposed bylaws and permits that are referred to it;

NOW THEREFORE the Board of the Regional District of East Kootenay in open meeting assembled, enacts as follows:

1. CITING

1.1 This Bylaw may be cited as "Regional District of East Kootenay - Advisory Planning Commission Bylaw No. 2679, 2016." 1 • 1,

2. DEFINITIONS

2.1 In this Bylaw:

Board means the Board of Directors of the Regional District of East Kootenay.

Commission means an Advisory Planning Commission established pursuant to this Bylaw.

RDEK means the Regional District of East Kootenay.

3. ESTABLISHMENT AND APPOINTMENT

3.1 (a) A maximum of six (6) advisory planning commissions are established as follows:

(i) Advisory Planning Commission A for Electoral Area A; (ii) Advisory Planning Commission B for Electoral Area B; (iii) Advisory Planning Commission C for Electoral Area C; (iv) Advisory Planning Commission E for Electoral Area E; (V) Advisory Planning Commission F for Electoral Area F; and (vi) Advisory Planning Commission G for Electoral Area G.

(b) The Board, by resolution, may combine or separate the Commissions.

3.2 In making appointments to the Commissions, the Board will attempt to ensure that the membership of each Commission is balanced to represent a cross-section of the people in the area of jurisdiction.

3.3 Each Commission shall consist of not fewer than five (5) and not more than fifteen (15) members, except combined Commissions which may have a maximum of seventeen (17) members.

3.4 Commission members shall be appointed by the Board in March of each year. Electoral Area Directors shall be ex officio, non-voting members of the Commission.

3.5 Any person, except a corporation, residing or owning property within the Electoral Area may be appointed to the Commission. At least two-thirds of the Commission must be residents of the Electoral Area.

3.6 A member is appointed for a term of one (1) year commencing in March of each year, or until a successor is appointed. A person who is appointed as a member of a Commission may be reappointed for a further term or terms.

3. 7 At least one (1) member of the Commission will be appointed specifically to represent the agricultural sector in the Electoral Area.

3.8 The Board has the power to remove any member of a Commission from office at any time by an affirmative vote of not less than two-thirds of the Directors.

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Advisory Planning Commission Bylaw No. 2679 Page 3

6. REPEAL

6.1 Bylaw No. 2151 cited as "Regional District of East Kootenay - Advisory Planning Commission Bylaw No. 2151, 2009" is hereby repealed.

6.2 Bylaw No. 2263 cited as "Regional District of East Kootenay - Electoral Areas B and C Agricultural Advisory Commission Bylaw No. 2263, 2010" is hereby repealed.

READ A FIRST TIME the day of READ A SECOND TIME the day of READ A THIRD TIME the day of

ADOPTED the day of

CHAIR CORPORATE OFFICER REGIONAL DISTRICT OF EAST KOOTENAY

BYLAW NO. 2680

A bylaw to establish electoral area advisory commissions.

WHEREAS the Regional District has, by bylaw, established a service for the giving of grants-in-aid within the Electoral Areas;

AND WHEREAS the Regional District has established an Electoral Area Administration service;

AND WHEREAS the Regional District may, make rules for the provision, operation, and administration of services;

AND WHEREAS the Regional District desires to establish Commissions to provide advice to the Board and Electoral Area Directors on matters related to grants-in-aid and electoral area administration services;

NOW THEREFORE, the Board of the Regional District of East Kootenay, in open meeting assembled, enacts as follows:

1. CITING

1.1 This Bylaw may be cited as "Regional District of East Kootenay - Electoral Area Advisory Commissions Bylaw No. 2680, 2016."

2. DEFINITIONS

2.1 In this Bylaw:

Board means the Board of Directors of the Regional District of East Kootenay.

Commission means an electoral area advisory commission established pursuant to this Bylaw.

Director means an Electoral Area Director of the Board.

Regional District means the Regional District of East Kootenay.

3. ESTABLISHMENT AND APPOINTMENT

3.1 (a) Electoral Area advisory Commissions are established as follows:

Electoral Area A Advisory Commission; Electoral Area B Advisory Commission; Electoral Area C Advisory Commission; Electoral Area E Advisory Commission; Electoral Area F Advisory Commission; and ·Electoral Area G Advisory Commission.

(b) The Board may, by resolution, combine or separate the Electoral Area Advisory Commissions.

3.2 In making appointments to the Commissions, the Board will attempt to ensure that the membership of each Commission is balanced to represent a cross-section of the people in the area of jurisdiction.

3.3 Each Commission shall consist of not fewer than five (5) and not more than fifteen (15) members, except combined Commissions which may have a maximum of seventeen (17) members.

3.4 Commission members shall be appointed by the Board in March of each year. Electoral Area Directors shall be ex officio non-voting members of the respective Commissions.

3.5 Any person, except a corporation, residing or owning property within the Electoral Area may be appointed to the Commission. At least two thirds of the members of the Commission must be residents of the Electoral Area. Electoral Area Advisory Commission Bylaw No. 2680 Page 3

5.B All acts authorized by this Bylaw to be done by a Commission and all other questions, including adjournment, that may come before a Commission shall be done and decided by a majority of the Commission members present at a meeting.

REPEAL

6.1 Bylaw No. 1587 cited as "Regional District of East Kootenay - Electoral Area Advisory Commissions Bylaw No. 1587, 2001" is hereby repealed.

READ A FIRST TIME the day of READ A SECOND TIME the day of READ A THIRD TIME the day of

ADOPTED the day of

CHAIR CORPORATE OFFICER 9.2.1

Staff Report ... ALR Subdivision Application

Date: January 26, 2016 File: P 715 126

Applicant: Don and Elaine Jubinville Agent Steve Klafki Location 5683 Highway 43 between Sparwood and Elkford Legal: The East Yi of the NW% of DL 8450, KD Except Part Included in SRW Plan 14540 (PIO: 016-449-347)

Proposal: To subdivide to create a new 2 ha residential lot and leave a 29 ha remainder parcel.

Options: 1. THAT the Agricultural Land Commission be advised the RDEK supports the Jubinville ALR subdivision application for property located at 5683 Highway 43 between Sparwood and Elkford.

2. THAT the Jubinville ALR subdivision application for property located at 5683 Highway 43 between Sparwood and Elkford be refused.

Recommendation: Option# 1 OCP criteria for support of ALR subdivision pursuant to Section 514 (formerly Section 946) of the Local Government Act have generally been met. The requisite statutory declaration will be required by Ministry of Transportation and Infrastructure at the subdivision stage.

Property OCP Designation: RR, Rural Resource which supports agricultural, Information: rural residential and rural resource land uses with parcel sizes 8.0 ha and larger. The RR designation also recognizes the use of these lands for public utility use, resource extraction, green space and recreation.

Agricultural OCP Policies: • ALR applications for non-farm use, subdivision, or exclusion that meet one or more of the following criteria are exempt from the requirement to submit a report by a qualified professional identified in 6.3(2)(h) as part of their application to the RDEK: a) the application is for subdivision for a relative as per the provisions in the zoning bylaw and the Local Government Act and the parcel proposed is equal to or less than 2.0 ha in size; or, b) the application is for a reconsideration or alteration of a prior approval by the ALC.

. . ./2 ALR Subdivision Application Page 2 Jubinville (Klafki) p 715 126

Property Information • Applications for subdivision for a relative pursuant to section 946 - cont'd of the Local Government Act will generally be supported when all of the following conditions have been met, subject to compliance with the zoning bylaw: a) there is no negative impact on the agricultural potential of the parent parcel; b) the subdivision for a relative is kept as small as possible, having regard to health requirements, and is located in an area which has the least impact on agriculture; c) the subdivision complies with the requirements of the zoning bylaw, other than with respect to the provisions relating to minimum lot sizes; and, d) a statutory declaration has been provided prior to the issuance of an order that confirms the parcel is for a relative and that the parcel will not be sold or transferred for a period of 5 years unless required as part of an estate settlement or as required by a lending institution.

Residential OCP Policies (Sparwood to Elkford Subarea}: • The permitted density of new residential lot development in rural areas shall be compatible with the local rural character and lifestyle.

• Subdivision which will have a negative impact on agricultural capability or suitability is not supported.

• Applications for rezoning to accommodate subdivision within the Sparwood to Elkford Subarea should include proposed minimum parcel sizes of not less than 8.0 ha.

Zoning Designation: RR-8, Rural Residential (Country) Zone, minimum parcel size: 8 ha. The subdivision will be proposed pursuant to Section 946 of the Local Government Act.

Parcel Size: 31 ha (77 ac)

Interface Fire Hazard Rating: Ranging from moderate to high, within the upper Elk Valley Fire Protection Area.

BC Assessment: Residential and farm (beef)

Water I Sewer Services: Onsite

Agricultural The entire property is Class 4 with a combination of limiting soil Capability Ratings: factors. The property is not considered improvable.

Agrologist Report: Not required. ALR Subdivision Application Page 3 Jubinville (Klafki) p 715 126

Additional • The owner's daughter and her family have been living on the Information: proposed new lot area since 2008 and have developed it for residential and agricultural uses. The application says the use of both the proposed new lot and the proposed remainder will not change and they both include agricultural uses.

Consultation: APC Area A: Supported.

District Agrologist: No comments to date.

Documents • ALR Boundary and Location Map Attached: • Land Use Map • Agricultural Capability Map & Legend • Proposal

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] RegionalDi·n"ct~A ALR Boundaries ~-:-~-----·East Kootenay

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There are 7 capability classes for agriculture with 1 representing the• highest class and 7 repres~nting the lowest. In some areas of the province, two ratings are shown: one for dry farming and a second for irrigated or drained (improved) conditions~ The irrigated ratings are shown enclosed in round brackets while the drained r_atings· appear in square brackets. In all cases improved ratings have precedence ~ver dry farm ratings.

Example Classifications

?ercentage of the map unit occupied by each Capability classes~ . / 7 / 7 class. • 7 3 7 · 3 Irrigated (improved 5M -6T (4T - 6T )-rating is. shown in T R M R brackets). _/ Limiting subclasses. Dry farm ~ " " (unimproved rating) """'

The agriculture capability classes are determined on the relative range of crop~ the land can produce.

a) Capability Classes \. Class·1 - widest range of crops Class 2~} Class reduced range of crops caused by a number of limiting Class factors (subclasses) Class 5 - only permanent pasture or forage Class 6 - natural grazing Class 7 - no productivity

b) Limiting Subclasses

C - adverse cl~mate D - undesirable soil structure E - erosion F - low fertility I - inundation (flooding) M - moisture deficiency (droughtiness) N - salts P - stoniness R - bedrock near the surface T - t~pography (slope) W - excess water xl- combination of soil factor.s . , S.J - cumulative and minor adverse characteristics are to_.lerant of soil Tree fruit and grape growing areas: these crops conditions that limit field crops. Steep and stonier soils in suited climates have been upgraded to accommodate the expanded range of crops. e.g. A class 5T soil dry farmed becomes a 3T irrigated in an area climatically suited to tree fruits. • A more d~tailed 16 page mariual entitled Soil Capability Classifi- Note. he cation for Agriculture is available f rom t Land~ Vi4ecto4ate, Land~ Fo 4 e~t~ and Wlldli6e Se4vice, Vepa4tment 06 the Envi4onment, Ottawa, Onta4Io, KIA OH3. B.C. Land Inventory, Victoria· May, 19 l"!> ~~poS-1 1 1 I , 1 P4'1 .c -:il \ \ ..J

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StaffReport ... ALR Subdivision Application

Date: January 26, 2016 File: P 715 127

Applicant: William Salekin Agent Brian Schmidt Location 1316 Dicken Road, approx. 3 kms north of Fernie Legal: Lot 3, District Lot 3048, Kootenay District Plan 1411 (PIO: 015-823-458)

Proposal: To subdivide to create a new 2 ha lot and leave a 27 ha remaind.er parcel.

Note: A separate subdivision of the property is underway pursuant to Section 514 of the Local Government Act (formerly Section 946) to create a lot for the owner's daughter. This subdivision is currently making its way through the Ministry of Transportation and lnfrastrucutre approval process.

Options: 1. THAT the Agricultural Land Commission be advised the RDEK supports the Salekin ALR subdivision application for property located at 1316 Dicken Road north of Fernie.

2. THAT the Salekin ALR subdivision application for property located at 1316 Dicken Road north of Fernie be refused.

Recommendation: Option# 2 The proposal is not supported by the OCP policies for the area. The subdivision is not pursuant to Section 514 of the Local Government Act and the agricultural capability for the entire property is improvable to Class 4 or better. Additionally, the proposed new lot is in an area with better agricultural capability than the remainder.

Property OCP Designation: RR, Rural Resource which supports agricultural, Information: rural residential and rural resource land uses with parcel sizes 8.0 ha and larger. The RR designation also recognizes the use of these lands for public utility use, resource extraction, green space and recreation.

Agricultural OCP Policies: • Land in the ALR is generally designated and supported for agricultural use.

• ALR applications for non-farm use, subdivision, or exclusion should identify opportunities to improve the agricultural capacity and provide a net benefit to agriculture for the lands that remain within the ALR. ALR Subdivision Application Page 2 Salekin (Schmidt) P715127

Property Information • New residential development is encouraged to be directed to land - cont'd within municipal boundaries, areas outside the ALR and areas with low agricultural capability.

• Applications for ALR subdivision in areas not identified for support in Section 4 (Residential Land Use) are generally not supported. If ALR subdivision applications are received for areas not identified I in Section 4 they will be considered in relation to the following: I . I a) current agricultural capability and suitability of the parcel; b) potential impacts of the proposed subdivision on the agricultural capability and suitability of both the parcel proposed for subdivision and on neighbouring parcels; c) where applicable, information in the report from a qualified professional as required in section 6.3(2)(h); and, d) the objectives and policies outlined in section 4.2 and 4.3 (Residential Land Use), and 6.2 and 6.3 (Agricultural Land Use).

• ALR applications for exclusion, non-farm use, or subdivision of parcels 4.0 ha in size or larger must be accompanied by a report from a qualified professional unless an exemption from the requirement has been approved by the RDEK Board. The report must include the following: a) determination of the level of capability and suitability for both soil bound and non-soil bound agricultural production on the parcel including investigation of the terrain, soil, size, configuration and context of the agricultural lands; and, b) identification of the impact the proposal will have on the agricultural suitability and capability of the parcel, and agricultural operations in the surrounding area.

Residential OCP Policies: • Maintaining the agricultural character, which contributes to the economy of the Dicken Road Subarea, is supported.

• Subdivision of land in the ALR which will have a negative impact on agricultural capability or suitability is generally not supported.

• Despite subsection 4.3(9)(d) applications for residential subdivision in the Dicken Road Subarea with proposed minimum parcel sizes less than 8.0 ha may be considered provided all of the following criteria have been met: a) the proposed subdivision involves the creation of a maximum of two new parcels; b) the parent parcel proposed for subdivision has not been subdivided in the ten years preceding the application date, this criteria does not apply in extraordinary personal circumstances as determined by the RDEK Board; ALR Subdivision Application Page 3 Salekin (Schmidt) P715127

Property Information c) there is demonstrated support for the subdivision proposal - cont'd from the owners of most adjacent privately owned parcels; d) the proposed subdivision involves no new parcels less than 2.0 ha in size; e) the proposed subdivision will not have potential negative impact on agricultural capability and suitability of both the parcel proposed for subdivision and on neighbouring parcels.

• In the Dicken Road Subarea subdivision of land, which is not located within the ALR to a parcel size smaller than 8.0 ha, is generally not supported.

Zoning Designation: RR-8, Rural Residential (Country) Zone, minimum parcel size: 8 ha. A rezoning application will be required to accommodate the proposed 2 ha lot.

Parcel Size: Approx. 29 ha (72.5 ac)

Interface Fire Hazard Rating: Ranging from low to moderate, within the Fernie Rural Fire Service Area.

BC Assessment: Residential and Farm with a manufactured home

Water I Sewer Services: Onsite

Agricultural Approximately 1/3 of the property (including the part proposed for Capability Ratings: subdivision) is Class 4 with a limiting subclass of moisture deficiency and is considered improvable to Class 3 with the same limiting subclass.

The rest of the property is 60% Class 4 with a limiting subclass of moisture deficiency and low fertility, 30% Class 5 with limiting subclasses of moisture deficiency and stoniness and 10% Class 4 with a limiting subclass of excess water. This part of the property is considered improvable to 60% Class 3 with a combination of limiting soil factors, 30% Class 4 with limiting subclasses of moisture deficiency and stoniness and 10% Class 4 with a limiting subclass of excess water.

Agrologist Report: An agrologist report was prepared for the subject property by Mike Malmberg in 2011 (for a previous subdivision configuration which is pending, part-way through the approvals process). The agrologist report states that the Class 4 land is arable (which includes the lot currently proposed) and that the agricultural suitability of parcel is high. The report suggests that subdivision could offer buffering between the mobile home park and the farm uses to the south and east. ALR Subdivision Application Page4 Salekin (Schmidt) P715127

Agrologist Report - Mr. Malmberg's 2011 agrologist report was reviewed in June 2014 for cont'd: the current proposed subdivision by Dave Struthers, Agrologist with VAST Resource Solutions. Mr. Struthers determined that the conclusions made in the 2011 report are applicable to the current proposed subdivision as well.

Additional • This is the 3rd ALR subdivision application received for this Information: property over the past few years.

• The first was an ALR subdivision application for a 2.2 ha parcel pursuant to Section 946 of the Local Government Act (for the owner's daughter) which was approved by the RDEK Board under the Delegated Decision Making Agreement in 2011. The approval was subject to the subdivision being completed within 3 years. This subdivision application is pending Ministry of Transportation and Infrastructure approval process.

• The second was the same as the current subdivision configuration and was originally proposed in June 2014. At that time it was supported by the RDEK, but refused by the ALC. A reconsideration request was rejected by the ALC in October 2015.

Consultation: APC Area A: Supported.

District Agrologist: No comments to date.

Documents • Location Map Attached: • Land Use Map • ALR Boundary Map • Agricultural Capability Map & Legend • Proposal

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] _,,._Regional Olstrh::t of..;;. A Location Map East KOotenay

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87.5 ac Farm (Grain & Forage) 69.5 ac Farm (Grain & Forage)

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There are 7 capability classes for ag~iculture with 1 representing the1 highest class and 7 represe.nting the lowest. In some areas of the province, two ratings are shown: one for dry farming and a second for irrigated or drained (improved) conditions., ,The irrigated ratings are shown enclosed in round brackets while the drained ratings' appear in square brackets. In all cases improved ratings hav~ precedence river dry farm ratings:

ExampLe .Classifications

?ercentage of the map unit occupied by each Capability classes ---.,.------.,....---"""?""- class. ~// / 7 ~ ~ 3 7 · 3 Irrigated (improved 5M - 6T · ( 4r - ST }-rating is. shown in / T R M R . brackets). Dry farm ~ ~ \_ """ " Limiting subclasses. (unimproved rating)

The agriculture capability classes are determined on the relative range of crop~ the land can produce. a) Capability Classes Class·l - widest range of crops Class Class 2~} reduced range of crops caused by a number of limiting Class factors (subclasses) Class 5 - only permanent pasture or forage Class 6 - natural grazing Class 7 no productivity

b) Limiting Subclasses

C - adverse cl~mate D - undesirable soil structure E - erosion F - low fertility 1 inundation (flooding) M - moisture deficiency (droughtineas) N - salts P - stoniness R - bedrock near the surface T - topography (slope) W - excess water Xl- combination of soil factor.s S_j - cumulative and minor adverse characteristics Tree fruit and grape gr-0wing areas: these crops are tqlerant of soil conditions that limit field crops. Steep and stonier ~oils in suited climat~s have been upgraded to accommodate the expande~-range of crops. e.g. A class ST soil dry farmed 'becomes a 3T irrigated in an area climatically suited to tree fruits. ·, A more d~tailed 16 page madual entitled Soil Capability Classifi- Note th La. Md• Vl•e.c.to11.ate Landh cation for Agriculture is ava il a bl e f rom e " Q ~'• FoAe.ith and Wildll6e Se.Avlc.e., Ve.pa11.tment on the Envl11.onme.n~, Ottawa, Onta.Alo, KIA OH3. May, 191?. B.C. Land Inventory, Victoria ·"- .. Existing Plan of Adjacent Properties To Proposed Subdivision of "Lot B" of Lot 3, Plan 1411, D. L. 3048, K. D. Dicken Road, Fernie, B. C.

(M. Ba/

PART OF BLOCK 2 PART OF BLOCK 2 P.1411 P.1411 Open Field I Hay

(M. Bakken) JP WHITE SPRUCE \ MOBILE HOME PARK

Trailer Park I Open Field \ (RuSS81 Pask}

BLOCK A P.21494 Hobby Fa.rm Hay I Pasture Open Field I Ha.y LOT 3 \ \ PLAN 1 4 1 1

D. L 3 0 4 8

(W.SALEKIN-owner)

(LJoyd Phillips) ~"'"~0 ··,~cP ...... BLOCK 4 ~-"\..._ Open Field I Hay .-..: P.1411 Farming I Grazing Pasture

BLOCK F P.1697

(llayd Phillips) •., Farming I Grazing Pasture

Proposed Subdivision of "Lot B" of Lot3, Plan 1411, D.L. 3048, K.D. Dicken Road, Fernie, B. C.

This Properly Lies within the conf/lles Of "1e Regfons/ Distria 111 EBBt Koolwiay Do.te Nov. 05, 2015 Drg. Na. J/(2015-11-01 ?Jv

sco.l~ Bar Scale ll 0..SCI" I pt I on SCHMIDT CONSULTING SERVICES Ltd. .,v. Dnta By Das1gnord JKIBRS Suite 1021 35 Aivermouril Pl. n P.O.Box 1287 n...... BRS FERNIE, B.C. voe IMO ChKl

Proposed "Lot 8" of Lot 3, Plan 1411 D.L. 3048, K.D., Fernie, B.C.

PART OF 8LOCK2 PART OF BLOCK 2 P.1411

WHITE SPRUCE MOBILE HOME PARK

Area = 2.24 ha.

(WSALEKIN-owner)

Remainder of LOT 3 I PLAN 1411 BLOCK 4 D. L. 3 0 4 8 I P.1411

(Lloyd Phillips)

-40m om 40m BOm 1~m lr-+---cc-+,--,--'-~\_:__~,~·--1\-~----l\ · BAR SCALE (mellio) Proposed "lot B" of Lot 3, Plan 1411 D.L. 3048, K.D., Fernie, S.C. This Pr~erfy Ues within the conflnes ol 111e Reglona1Dls1Jict of East Koo1ehay Rev Do.te Nov. 05, 2015 llrg.No.. JK2015-11-02 0 sea.le Bar Scale Rev,# Desc:r'lption Do.te By Designed JK/BRS so11e io2, 35 RlvermountPL Dro.wn P.O.Box 1267 BRS FERN/E, B,C. V08 IMO Checked BRS PhJFax 25Cl-423-7552 Approved WJS

------·-·------···· ········-···--···--·-·--·-···------· PART OF BLOCK2 P.1411 PART OF BLOCK2

P.1411

WHITE SPRUCE MOBILE HOME PARK

2.0085ha. Subdivision Proposed "Lot B" of Lot 3, Plan 1411

EXISTING HAY~ ~FIELD (W. SALEKIN-owner)

PLAN 1411 Remainder of (Not Registered yet) D. L. 3 0 4 8 @ LOT 3 Area = 2.24 ha. -40m Om 40m BOm 120 m Topographical Plan of Ir-t---+:~-.-+l--r--+1--.----JI I Proposed "Lot B" of Lot 3, Plan 1411 BAR SCALE O.L. 3048, KO., Fernie, B.C. This Property Ues within the confin.es of the Regional District of East Kootenay (metric) Do.te R6'V Nov. 5 2015 Ori> No. JK2015-11-03 0 Seo.le Rev.8 Description Suite 102, 35 Rivermount Pt Bar Scale Do.te By Designed P.0.Box 1267 Dr-o.wn FERNIE, B.C. VOB 1MO BRS Ph./Fax 250-423-7552 Checked BRS

------9.2.3

Staff Report ... ALR Subdivision Application

Date: January 25, 2016 File: P 715 615

Applicants: Amanda and Blaine Jopp Agent: Barry Brown-John Location: Highway 95, Spur Valley Legal: DL 9574, KO

Proposal: To subdivide the parcel as physically divided by Highway 95, creating a 2.0 ha parcel and a 62.0 ha remainder. The subject land is currently vacant and onsite groundwater wells and sewage disposal systems would be required upon development. The proposed remainder parcel is being used for livestock grazing and the owners plan on living there in the future.

Options: 1. THAT the Agricultural Land Commission be advised the RDEK supports the Jopp ALR subdivision application for property at Highway 95 in the Spur Valley area.

2. THAT the Jopp ALR subdivision application for property at Highway 95 in the Spur Valley area be refused.

Recommendation: Option# 1 The subdivision will have minimal negative impact on the agricultural capability of the proposed remainder and the neighbouring properties due to the local topography and the division of the parcel by the highway.

Property OCP Designation: RR, Rural Resource includes agricultural, rural Information: residential and rural resource land uses with parcel sizes 8.0 ha and larger. The designation also recognizes the use of these lands for agriculture, resource extraction, open space and working landscape.

OCP Policies: • Preservation and continued use of agricultural land for present and future food production is supported.

• ALR applications for non-farm use, subdivision, or exclusion must be accompanied by a report from a qualified professional with the exception of those identified in section 5.3 (b) of this plan, unless an exemption from the requirement has been approved by the Regional District Board.

• Subdivision within the ALR or exclusion of land from the ALR will only be considered in accordance with the Land Use Designations on Schedules D - 06. ALR Subdivision Application Page 2 Jopp P715615

Property Information • New residential development is directed to land within existing cont'd: development nodes, as designated on Schedules D - D6 or to parcels outside of the ALR.

Zoning Designation & Minimum Parcel Size: A-2, Rural Residential (Country) Zone which requires a minimum parcel area of 8.0 ha. Section 5.04(1 )(c) of the Zoning Bylaw permits a reduction in parcel area requirement when the parcel is divided by an existing highway.

Current Parcel Size: approximately 64.0 ha Proposed Parcel Sizes: approximately 2.0 ha and 62.0 ha

Interface Fire Hazard Rating: Low to Moderate; not within a fire protection area

Flood Hazard Rating: not within a flood hazard area

BC Assessment: grain and forage, vacant

Water I Sewer Services: groundwater well and onsite sewage disposal system

Agricultural • The proposed 2 ha parcel is mostly Class 4 soils with limiting Capability Ratings: factors of low fertility and stoniness; improvable to Class 3 with a limiting factor of stoniness.

• There is a thin strip of the subject property adjacent to the highway that is Class 6 soils with a limiting factor of topography; non-improvable.

• The soil capability classification of the 60 ha portion ranges from Class 5 to Class 2 with limiting factors of stoniness, topography and moisture deficiency; some areas improvable as Class 4 to Class 2.

Agrologist Report: Report not required as granted by RDEK Board Resolution No. 45868 on December 4, 2015.

Additional • The proposed 2.0 ha parcel has some steep topography limiting Information: potential agricultural use.

Consultation: APC Area G: Supported

Documents • Location Map Attached: • Contour Plan and Photographs • ALR Boundary Map • Soil Capability Map & Legend • OCP Designation Map • Zoning Designation Map

RDEK Jean Terpsma, Planning Technician Contact: Phone: 250-489-0314 Email: [email protected] Reglo11alOlstrlctof/+ A LOCATION MAP East Kootenay

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CopyrighVDisclaimer

The material cont~i.ned in this web site is owned by the Government of Bntish Columbia and protected by ~pyright law._ It m~y not be reproduced or redistributed DL 351 ;i!po~~h~ pn~r wntten permission of the Province of n is o umb1a. To request permission to reproduce all or part of the ma!erial on this web site please ci:.~~lete the Copynght Permission Request Form ~f~~m::~:::~;essed through the Copyright DL 7574 CA':JTION: Maps obtained using this site are not des1gn~d to assist in navigation. These maps may be generahzed and may not reflect current conditions. Uncharted hazards may exist. DO NOT USE THESE MAPS FOR NAVIGATIONAL PURPOSES.

Datum: NAD83 Projection: NAD_1983_BC_Environment__Albers

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SOIL CAPABILITY MAP

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There ·are 7 c~pability· classes for a~riculture with 1 representing the highest cliss and 7 representing the lowest. In some areas ~L~che province, t~o ratings are shown: one for dry farming and a second for irrigated or drained {improved) conditions~ The ~rrigated ratings are shown enclosed in round brackets while the drained rating~ appear in square brackets, In all cases improved ratings have precedence over dX:Y farm ratings.

Example Classifications

rercentage" 0£ the map Capability classes unit occupied by each ~~~~~~~~~~~~class • . ~/-·7· /. / ~ 7" 3 7 · 3 Irrigated (improved 5M - 6T {4T - ST )-rating is. shown in . /· T R M R brackets). Dry farm ~ ,. '\. '\. '-.. Limiting subclasses.· (unimproved .rating)

~oved rating ~roved rating ...... _---6- 4 - _, . s--...... 4 W-5W([05W1-4W)--Irrigated rating ~=-----06 I J I (entire symbol __...... ~.... -., ~, in brac"ket;s) Organic soils Mineral soils l.nrained rating (prefaced by ·~o") · · .

The agriculture capabiiity classes are determined on the relative range of ~ropa ·the land can produce. a) Capability Classes .·

Class~l - widest range of crops

Clas• 2 } Cla11 3 reduced range of crops caused by a number of limiting Clas• 4 factors (aubcla11es) Class 5 only permanent pasture or forage Cl~u 6 natural grazing Class 7 no productivity_

b) Limiting Subclasses

C a4verae climate D - undesirable soil structure E - erosion - F low fertility I inundation (flooding) M moisture deficiency (draughtiness) H salts P stoniness R - bedrock near the surf ace T topography (slope) W excess water Xl- combination of aoil factors S_J - cuzml.ative and mioor adverse characteristics Tree fruit and grape growing areas:· these crops are tolerant of soil conditions that limit field crops. Steep and stonier aoils in suited climates have been upgraded to accommodate the expanded range of crops. e.g. A class ST soil dry farmed becomes a JT irrigated in an area climatically suited to tree fruits. Nate: A more detailed 16 page manual entitled Soil Capability Classifi­ cation for Agriculture is available from the l«nd4 Vl~ect0~4te, l4nd~ Fo~e6t4 and Wildli6e Se~vict, Vepa~tment a& th~ Envi~onment, Ottawa, Onta~io, K1A OH3.

B.C. Land Inventory, Victoria H.ay, 1973 ,,,.-•oglon•IDM'l"o'A,,.. OCP DESIGNATION MAP East Kootenay

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Staff Report ... Development Variance Permit Application

Date: February 3, 2016 File: P 715 527 DVP No. 28-15

Applicants: Nancy Loraas Location: 4654 Columere Drive, Columere Park Legal: Lot 1, Block 9, DL 450, KO Plan 4411

Proposal: Variance to the Upper Columbia Valley Zoning Bylaw minimum required side yard setback from 1.5 m to 0.15 m at the closest point and to 1.37 m at the furthest point for a woodshed accessory building. The 77.3 m2 (832 ft2) accessory building is located between the existing carport and the property line and is not parallel to the property line.

Options: 1. THAT Development Variance Permit No. 28-15 to reduce the side yard setback from 1.5 m to 0.15 m at the closest point and to 1.37 m at the furthest point for a an accessory building on the Loraas property at 4654 Columere Drive in Columere Park be granted.

2. THAT Development Variance Permit No. 28-15 to reduce the side yard setback from 1.5 m to 0.15 m at the closest point and to 1.37 m at the furthest point for a an accessory building on the Loraas property at 4654 Columere Drive in Columere Park be refused.

Recommendation: Option# 2 The structure does not meet the BC Building Code construction requirements for fire separation, and structures used for wood storage should be located a minimum of 10 m from the dwelling in accordance to BC FireSmart Guidelines. There appears to be sufficient space elsewhere on the property to site the structure in compliance with the bylaw.

Property OCP Designation: R-SF, Residential Low Density which includes single Information: family residential subdivisions, duplexes and manufactured home parks.

Zoning Designation: R-1, Single Family Residential Zone which requires a minimum parcel area of 555 m2 when the dwelling is connected to a community water system and community sewer system.

Parcel Size: 1133 m2

Density: one dwelling unit per parcel permitted

ALR Status: not within

BC Assessment: single family residential

Flood Hazard Rating: none Development Variance Permit Page 2 Loraas p 715 527

Property Water I Sewer Services: Connection to the Columere community water Information system and community sewer system. Cont'd.

Interface Fire Hazard Rating: low; within the Fairmont Hot Springs Fire Protection Area

Additional • For structures within 1.2 m of a parcel line the BC Building Code information: construction standards are significantly higher than normal in order to prevent the spread of fire.

• BC FireSmart guidelines state buildings & structures used to store wood and other combustible materials should be a minimum of 10 metres from a dwelling.

• The structure is not large enough to require a Building Permit.

• One letter from the neighbour to the north, supporting the proposal, has been received.

Consultation: APC Area F: Not supported.

Response(s) to Notice: 29 notices were mailed on October 21, 2015 to all property owners within 100 m of the subject property. No other responses were received.

Documents • Location Map Attached: • Site Map, Proposal and Photographs • Zoning Map • Supporting Letter

RDEK Jean Terpsma, Planning Technician Contact: Phone: 250-489-0314 Email: [email protected] LOCATION MAP

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---~.-..... ~--·-·-·-·--·-··~-·-··-··"--·-·------·--"---·-·-----·------·-·---··-~ .. ~·~-·~·-~··"--···-- Nancy Loraas Set<-. 2-2. (_I )

Regional District of East Kooteuays Columbia Valley Office Box 2319, 4956 Athalmer Road lnvermere, B.C. VOA lKO

September 28, 2015

Dear Sir or Madam:

Re: Request for Variance for Woodshed at 4654 Columere Drive, Fairmont Hot Springs, B.C.

I am submitting the required documentation to obtain a variance for a woodshed. This letter sets out the events that have resulted in this application and outlines the documents enclosed.

In September of this year I arranged to have a woodshed built. I did my research and checked the RDEK requirements. I was told I did not need a building permit. I built the shed smaller than the size allowed. I also built it as a non-permanent structure. (It is built like a "skid'' and sits on cement blocks under the comers and key support boards. See photos.)

The space where the woodshed is built (started and not yet finished as per inspector's request) is an odd sized space. The way my house is positioned on the lot has resulted in a triangular space on the north side. As a result, one comer of the woodshed is very close to the prope1ty line but then is becomes less due to the angle of the fence I property line. The sketch enclosed will show that.

Previous to the shed being built, this space was really junky. This is where I have kept my uncove.red woodpile- right next to the fence. As well, I had a number of bushes, plants and trees that had become over grown. My goal was to build a structure to cover my wood pile (as I use my wood stove to supplement my heat) and to provide me a small space to house snow shovels, garden tools, etc. handy at the front of the house. This shed will be open on one side except for the space where I can store tools. When completed, it will be sided with the same siding as my house and will greatly enhance the look from the cul-de-sac. It will have an eave's trough so that the water will run the right way.

1 I also consulted with my neighbor, Steve Smith, prior to doing anything, as I wanted to ensure he was supportive of what I had planned. He was really supportive as this shed is a huge improvement over what it looked like previously. See his letter enclosed.

One of your inspector's came by September 24 and told me to check in with your office, which my builder did. (I live in Calgary and the inspector talked to the builder.) I was told to first call the planning department in Cranbrook. I spoke at length with Jean Terpsma. She was most helpful and forwarded me the information to apply for this variance.

Enclosed please find:

• My cheque for the required fees • The variance application • The Title Search • A sketch of the property • Photographs· • A letter of support from my neighbor whose property line I share .

I respectfully request that you grant me this variance. I only wanted to cover my wood pi le and clean up the front of my property.

Please contact me if you have further questions. Please mail correspondence to the Calgary address at the top of this letter.

Respectfully, \-/1z:1;)t__t:c.?:.d Nancy Loraas

2

R•olooo/D"rri

A·2 A-2

125 0 63 THIS MAP IS NOTTO BE USED FOR NAVIGATION Scale= 1: 5,000 This map is a user generated static output from an Internet mapping site and is for WGS_ 1984_Web_Mercator_Auxiliary_Sphere reference only. Data layers that appear on this map may or may not be accurate, 0 current, or otheiwise reliable. RDEK GeoViewer- 10/15/201511:42 AM Steve Smith 4656 Columere Drive Fairmont Hot Springs, B.C. -~ ?2(\)

September 28, 2015

To the Regional District of East Kootenay

Re: The home of Nancy Loraas - 4654 Columere Drive - Variance Request

I am writing this letter in support of the variance for which Nancy is applying.

It is my understanding that Nancy has been asked to apply for a variance for a woodshed. This woodshed is very close to our mutual property line. Nancy consulted me prior to starting this project and ensured that I was on board with what she had planned to do. She explained the size was in accordance with the requirements. I saw the shed being built and it is not permanent but sitting on cement blocks.

Previous to the woodshed being started, that side of the yard looked junky. There was an uncovered woodpile for years and trees that grew over on my side of the property.

Nancy has done a tremendous job cleaning up that part of her yard and a big part of that dean up is the woodshed. It looks so much better than what was there. When she has it sided to match her house it will look 100 times better and will improve our cul-de-sac.

My opinion is that the variance be given as the woodshed is such a big improvement.

Warm regards,

Steve Smith 9.4.1

Staff Report ... Natural Resource Operations Referral

Date: February 3, 2016 File: P 151 100 NRO #78759094

Applicant: Elkford A TV Club Agent: MFLNRO (Lisa Cox) and Elkford ATV Club Location: Weary Ridge area, approx. 32 kms north of Elkford on Elk River FSR Legal: Unsurveyed Crown Land

Proposal: Crown land application pursuant to Section 57 of the Forest and Range Practices Act to designate a 1.0 ha area in the vicinity of Aldridge Creek and Big Weary Ridge as a BC Recreation Site. The proposal is to establish and maintain an existing 5 km trail on Big Weary Ridge and will permit snowmobile use in winter and A TV use from July 1st to August 31st. Non-motorized use will be generally permitted.

Options: 1. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the Elkford A TV Club Crown Land Application to establish and maintain a BC Recreation Site in the vicinity of Aldridge Creek and Weary Ridge, 32 kms north of Elkford.

2. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the Elkford A TV Club Crown Land Application to establish and maintain a BC Recreation Site in the vicinity of Aldridge Creek and Weary Ridge, 32 kms north of Elkford.

Recommendation: Option# 1 No issues have been identified.

Property OCP Designation: RR, Rural Resource Information: OCP Objectives and Policies: • Residents and developers are encouraged to support the goals and objectives of the provincial Southern Rocky Mountain Management Plan and Implementation Plan, where they apply within the plan area.

• The RDEK encourages management of Crown land in an environmentally responsible manner that: a) protects surface and groundwater sources; b) manages forest ingrowth; c) minimizes risk of interface fire and wildfire; MFLNRO Referral File: P 151 100 Elkford ATV Club Page2

Property d) enhances wildlife habitat; Information - e) protects viewscapes and scenery; cont'd: f) protects watershed ecological values, including waterfowl and fish and their corresponding habitat; and, g) maintains diverse plant communities by managing invasive plants.

Zoning Designation: RR-60, Rural Resource

Parcel Size: Area affected: 1.0 ha+/- (2.5 acres+/-)

Density: n/a

ALR Status: Not within

BC Assessment: n/a

Water I Sewer Services: n/a

Interface Fire Hazard Rating: Low to moderate, not within a fire protection area.

Crown Land The subject area is north of the Southern Rocky Management Plan Management Plans: area and therefore, the policies in plan do not apply.

Lake Management None Plans:

Shoreline n/a Management Guidelines:

Additional • The proposed recreation area is intended for all user groups and Information: the general public.

• The referral states that the Recreation Site designation will give Recreation Sites and Trails BC the needed tools to engage with the Elkford ATV Club in the ongoing improvements and recreation management in the area. It states that the Elkford ATV Club was incorporated in 2004 and has more than 100 members.

Consultation: APC Area A: Reviewed without comment.

Documents • Location Map Attached: RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] fQ' r- Q ~ Q_ -'"') ~ ~ ~ Ui ~ ()0 . s: cf'> 0 "~ -F..;:s \j +- ~ (S' _3 0-- .___,,; 9.4.2

StaffReport ... Natural Resource Operations Referral

Date: February 3, 2016 File: P 151 100 NRO #79049183 Applicant: Hornaday Wilderness Society Agent: MFLNRO (Lisa Cox) and Hornaday Wilderness Society (William Hanlon) Location: Mount Peck area, approx. 14.2 kms north of Elkford on Elk River FSR Legal: Unsurveyed Crown Land

Proposal: Crown land application pursuant to Section 57 of the Forest and Range Practices Act to designate a 5 km x 1 m area in the vicinity of Mount Peck as a BC Recreation Site. The proposal is to construct and maintain a 5 km trail along the valley bottom through an existing old growth management area to a meadow at the base of Mount Peck. The intended use is for non-motorized travel.

Options: 1. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the Hornaday Wilderness Society Crown Land Application to establish and maintain a BC Recreation Site in the vicinity of Mount Peck, 14.2 kms north of Elkford.

2. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the Hornaday Wilderness Society Crown Land Application to establish and maintain a BC Recreation Site in the vicinity of Mount Peck, 14.2 kms north of Elkford.

Recommendation: Option# 1 No issues have been identified.

Property OCP Designation: RR, Rural Resource Information: OCP Objectives and Policies: • Residents and developers are encouraged to support the goals and objectives of the provincial Southern Rocky Mountain Management Plan and Implementation Plan, where they apply within the plan area.

• The RDEK encourages management of Crown land in an environmentally responsible manner that: a) protects surface and groundwater sources; b) manages forest ingrowth; c) minimizes risk of interface fire and wildfire; d) enhances wildlife habitat; e) protects viewscapes and scenery; f) protects watershed ecological values, including waterfowl MFLNRO Referral File: P 151 100 Hornaday Wilderness Society Page 2

Property and fish and their corresponding habitat; Information - cont'd: g) maintains diverse plant communities by managing invasive plants.

Zoning Designation: RR-60, Rural Resource

Parcel Size: Area affected: 0.5 ha+/- (1.2 acres+/-)

Density: n/a

ALR Status: Not within

BC Assessment: n/a

Water I Sewer Services: n/a

Interface Fire Hazard Rating: Low to moderate, not within a fire protection area.

Crown Land The Southern Rocky Mountain Management Plan designation for the Management Plans: area varies between non-motorized use only and motorized uses permitted on hard surfaces only.

Lake Management None Plans:

Shoreline n/a Management Guidelines:

Additional • The proposed recreation area is intended for all non-motorized Information: user groups and the general public.

• The referral states that the Recreation Site designation will give Recreation Sites and Trails BC the needed tools to engage with the Hornaday Wilderness Society in the ongoing improvements and recreation management in the area. It states that the Hornaday Wilderness Society was incorporated in 2000 and has an excellent history of maintaining trails and recreation facilities in the region.

Consultation: APC Area A: Reviewed without comment.

Documents • Location Map Attached:

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] '• ' ·"'" !1 II'' '~'""111' _), ~·,I '1 'I , ' ' ' I I ' I ~ ~'-'I I 9.4.3

Staff Report ... Natural Resource Operations Referral

Date: January 26, 2016 File: P 151 200 NRO #78723399

Applicant: Dennis and Leanne Gabinet Location: Crown land adjacent to 6520 Tie Lake Road, south shore of Tie Lake, Jaffray area Legal: Block H, Except Plan 4090, that part of Block H described as Except 13 (See DD349581 & Plan X23), and except Plan NEP77520

Proposal: Crown land application for a Licence of Occupation to use and maintain an existing roadway as access to the applicant's private property.

Options: 1. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the Gabinet application for a License of Occupation to use and maintain an existing roadway on Crown land adjacent to 6520 Tie Lake Road in the Jaffray area.

2. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the Gabinet application for a License of Occupation to use and maintain an existing roadway on Crown land adjacent to 6520 Tie Lake Road in the Jaffray area.

Recommendation: Option# 1 No issues have been identified

Property Zoning Designation: The subject roadway is on Crown land zoned Information: RR-60, Rural Resource Zone.

Land Use Objectives and Policies: • To respect and protect those attributes that contribute to the rural quality of life that makes the area attractive as a place to live and recreate.

• The Regional District encourages developers to m1rnm1ze the number of access points on to Rosen Lake Road and Tie Lake Road by designing subdivisions with internal road systems and only one access to the main road.

• The Regional District requests that the Ministry of Transportation and Infrastructure install additional signs on Rosen Lake Road and Tie Lake Road to improve safety conditions on those roads.

Parcel Size: Area affected: 300 m X 5 m wide MFLNRO Referral File: P 151 200 Gabinet Page2

Property Density: n/a Information - cont'd: ALR Status: Not within

BC Assessment: n/a

Water I Sewer Services: n/a

Interface Fire Hazard Rating: Low to high, within the Jaffray Fire Protection Area.

Flood Hazard: The subject area is within the floodplain of Tie Lake.

Crown Land n/a Management Plans:

Lake Management None. Plans:

Shoreline n/a Management Guidelines:

Additional • The applicants have been using and maintaining the subject Information: roadway as access to their property for many years and wish to continue doing so. The application explains that they can't build a driveway directly from Tie Lake road on their own property because the land is too steep.

• The application states that the sole purpose of the application is to permit them to use and maintain the roadway in good condition at all times for one vehicle width by removing downed trees, repairing washouts and removing snow and ice.

• The application also states that the maintained roadway can be used by emergency vehicles to quickly access four homes that are located near the lakeshore in this area.

• The subject roadway is adjacent to BC Recreation Site 173.

Consultation: APC Area B: Supported on the condition that it is supported by Ministry of Transportation and Infrastructure. Documents • Location Map Attached: • Proposal • Photos submitted by applicants

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] ReolonolDl•triaofA /""" . ,,.. Location Map East Kootenay

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Page 1 of2

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https://j200.gov.bc.ca/int/vfcbc/download.aspx?Posse0bjectld=78610842 2015-11-04 9.4.4

Staff Report ... Natural Resource Operations Referral

Date: January 26, 2016 File: P151 100, 300, 400 NRO #204745

Applicant: Transrockies Inc. Agent: Aaron McConnell Location: Kimberley Nature Park, Cranbrook Community Forest and Fernie area Legal: Various Parcels of Land Involved

Proposal: A Temporary Licence of Occupation for a Special Event Bike Race. There are 6 stages to the race, including the Kimberley Nature Park area, two sites near Fernie, the Cranbrook Community Forest area and Golden. The races will be held July 23 to 28, 2016.

Options: 1. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK supports the Transrockies Inc. application for a Temporary Licence of Occupation for a Special Event Bike Race in the Kimberley, Cranbrook and Fernie areas.

2. THAT the Ministry of Forests, Lands and Natural Resource Operations be advised the RDEK does not support the Transrockies Inc. application for a Temporary Licence of Occupation for a Special Event Bike Race in the Kimberley, Cranbrook and Fernie areas.

Recommendation: Option# 1

Property OCP Designation: Rural Resource which supports agricultural, Information: rural residential and rural resource land uses with parcel sizes 8.0 ha and larger. The RR designation also recognizes the use of these lands for public utility use, resource extraction, green space and recreation.

OCP Objectives and Policies: • Applications for commercial recreation tenures referred to the RDEK for comment will be considered based on the need to balance opportunities for commercial and community recreation and the proximity of the application to human settlement.

• The portion of the Kimberley Nature Park located within the plan area is supported for continued park use. Use of the lands should conform to the permitted uses within the Kimberley Nature Park Management Plan under the direction of the Kimberley Nature Park Society. Consideration should be given to a City of Kimberley boundary adjustment to bring the portion of the Nature Park currently within the Regional District into the MFLNRO Referral File: P151 100, 300, 400 Transrockies Inc. Page 2

Property Information City. cont'd: • The continued use of the Horse Barn Valley as a recreational area is supported.

• The provision of a broad spectrum of outdoor recreation opportunities, suitable for both residents and tourists, that respect the need to protect resource values, is supported.

• Trail users are encouraged to respect private property.

• Recreation users within the plan area are encouraged to inspect their ATV's, mountain bikes, boats and vehicles for invasive plants and animals to assist in the prevention of the spread and establishment of invasive species.

• Users of recreational facilities such as cross-country skiing, biking and hiking trails are encouraged to use them in a socially and environmentally responsible manner.

• The Cranbrook West Recreation Management Strategy is recognized in this plan. Commercial recreation tenure applications to the Province should be consistent with the strategic direction of the Management Strategy.

• Management of the Cranbrook Community Forest consistent with the Kootenay Boundary Land Use Plan, Cranbrook West Recreation Management Strategy and the Cranbrook Community Forest Management Plan, as may be amended from time to time, is supported. In addition, a review and update of the Cranbrook Community Forest Management Plan to address stakeholder interests is supported.

Zoning Designations: RR-60, Rural Resource Zone; CG-8, Resort Commercial Zone; PG-4, Resort Open Space, Recreation and Trails Zone; P-2, Parks & Open Space Zone.

Parcel Size: The total proposed tenure area is 260 km of existing roads and trails.

Density: n/a

ALR Status: not within

BC Assessment: n/a

Water I Sewer Services: n/a

Interface Fire Hazard Rating: moderate; not within a fire protection area MFLNRO Referral File: P151100, 300, 400 Transrockies Inc. Page 3

Property Information Flood Hazard Rating: n/a cont'd:

Crown Land The Cranbrook West Recreation Management Strategy identifies Management Plans: the subject area for non-motorized uses during the application time period with one motorized roadway during dry ground conditions.

Southern Rocky Mountain Management Plan: The subject areas are available for both motorized and non-motorized uses during the application time period.

Lake Management n/a Plans:

Shoreline n/a Management Guidelines:

Additional • There will be base areas for the race at the Fernie Alpine Resort, Information: the Fernie Aquatic Centre, the Kimberley Platzl and the College of the Rockies.

• The proposed trails overlap some environmentally sensitive areas identified in the Rockeyview Official Community Plan as wildlife corridors and wetland and riparian ecosystems.

Consultation: APC Area E: The APC supports the event being held within the Kimberley City limits and not within the RDEK.

APC Area A: No comments.

APC Area C: Supported subject to the total removal of any garbage.

Documents • Location Maps Attached: • Proposal

RDEK Jean Terpsma, Planning Technician Contact: Phone: 250-489-0314 Email: [email protected] z.. ·t"' --· - ~

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*ST62016St · 3.okm age 4 Proposed Nov2015 GARMI~. w11s os.200 .w11s !J4.soo

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*ST6 2016 Stage 2 Proposed Nov2015 &. JI"'- A r""l .. Al .. I ©2009 Garmin& Ltd. or Its subsidiaries • CIDMTI Spatial 2008. *ST6 2016 Staqe 1 Proposed Nov2015 WXl.S ~4.800 WllS ~4,400 Wll~ .:44.000 Topo Canada v4 0 ©2009 Garmint!I Ltd. or its subsidiaries. 1.0 1.5 2.0 2.5 3.0 km ©DMTI Spatial 2008. *ST6 2016 Stage 3 Proposed Nov2015 -·-···!-. Executive Summary

General Overview of Business (Existing or Proposed) TransRockies Events Inc. is a well-respected event production company based out of Calgary, Alberta. We have produced numerous events in Canada and BC, including the TransRockies mountain bike stage race and newer SingleTrack 6 stage race, both of which have required FrontCounter BC applications for numerous years.

This proposal is for two events in 2016, the Golden 24 in Golden, BC (Mountain Shadows trial network) June 18-19, 2016 and and the Singletrack 6 occurring from July 23-28, 2016. Singletrack 6 will be located in the following locations: Fernie, Cranbrook (Cranbrook Community Forest), Kimberley (Kimberley Nature Park), and Golden (Mountain Shadows trail network, and CBT/Moonrakers trail network).

The Golden 24 is a new 24- and 8-hour mountain bike endurance event slated for Golden, BC. The event will be hosted entirely within the boundaries of Golden and CSRD Area A and is actively supported by both jurisdictions.

Riders are challenged to complete as many laps of a set course as possible wfthin the designated time limits (24 hours or 8 hours) alone or on teams. The event is expected to draw up to 500 participants in 2016 from across BC, Alberta and further afield.

Singletrack 6 is a 6-day endurance mountain bike race held in British Columbia. The event is expected to draw up to 400 participants from over 20 nations. The 2016 event will be the 3rd annual Singletrack 6 and is replacing the TransRockies Challenge (2002-2013).

The event uses a pre-determined and marked route, with a designated stage start and finish for each day. The 2016 Route Outline is: Stage 1 - July 23: Fernie ( and Ridgemont) Stage 2 - July 24: Fernie (Fernie Alpine Resort and Mount Fernie) Stage 3 - July 25: Cranbrook (Cranbrook Community Forest) Stage 4 - July 26: Kimberley (Kimberley Nature Park) Stage 5 - July 37: Golden (Mountain Shadows) Stage 6 - July 28: Golden (CBT & Moonrakers)

The operations of Singletrack 6 and Golden 24 can be divided into two major components: Route Operations and Stage Operations. Stage Operations will take place on land that is already leased, privately owned, or within municipal boundaries, and includes participant and support staff accommodations, catering, waste management, bike service, logistics and entertainment. This management plan will focus on route operations, because these are the activities that take place on crown land. The primary activities include:

The Race - Participants compete solo or in teams over forestry roads and trails. Singletrack 6 stages may vary in distance from 25 to 60 km per day. The race is a mass, or time trial start, each day, usually between 8 and 10 AM. Golden 24 is a loop approx .. 14km long which is repeated over multiple laps. Course Marking and Control - The course is marked up to 4 days in advance by bicycle using pin flags and coroplast arrow signs. Event staff are on course during the race to i) check markings ii) ensure that participants are on course iii) sweep the last riders and clean marking and any garbage from the course and iv) respond to any issues that arise during the course of the event. Course crew members are in communication by cell phone, satellite phone and/or radio. Medical Response - The race is covered by a medical crew which accesses various parts of the route by truck and/or off-road vehicle. Checkpoints - Each day will include 1-3 checkpoints where participants can get food and water, and other support as required. Media - A limited number of television cameras may follow the race by bicycle. Other media will typically attend check points by vehicle access.

Singletrack 6 / Golden 24 by TransRockies Management Plan 2 Key Areas of Concern The event creates a generally minor impact in its operating areas, however, due to the distance travelled by participants and the entourage, there are a large number of parties that must be aware of the event and be prepared to accommodate it passing through, including land managers, commercial industrial operators, commercial recreation operators, and other interested parties.

Singletrack 6 I Golden 24 by TransRockies Management Plan 3 Section 1: Description of The Operation & Activities Offered

General Description of Operation General Area The general areas where the event is held are Fernie, Cranbrook, Kimberley, Golden. Maps and GPS files attached.

Base Operation The base operation moves each day as the event progresses from stage to stage. Base operations include the medical headquarters, race office, and race services such as catering and bike service. Base operations take place on private land and will be made up of temporary structures (tents) and vehicles.

• The daily bases in will be: Golden 24: Keith King Memorial Park, Golden Stage 1: Fernie Aquatic Centre Stage 2: Fernie Alpine Resort Stage 3: College of the Rockies, Cranbrook Stage 4: Town Platzl, City of Kimberley Stage 5: Spirit Square, Town of Golden Stage 6: Spirit Square, Town of Golden

Access • Clients will join the race at the start in each community and be bused from stage to stage. • Support Vehicles (Trucks, Motorhomes, Cars) will use the public highway system to access staging area. • Check points will be accessible by forestry roads to support personnel (trucks and vans).

Staff

Staff Category # of Employees # of Employees Experience and/or Certificates Golden 24 Singletrack 6 Volunteers 10 25 18 or older Event Staff 20 35 Event Experience Medical Crew 6 6 First aid/Paramedics/Mos Television Crew 0 2 Timing Crew 2 3 Massage Therapists 4 8 Mechanics 4 8

Singletrack 6 I Golden 24 by TransRockies Management Plan 4 1.2 Commercial Recreation Activities Offered On Crown Land Description of Experience Being Offered - Singletrack 6 The Singletrack 6 experience is unique in the world. Drawing from the traditions of both European cycle racing and Adventure Racing, and World Cup Mountain Bike Racing. The format is a mountain bike stage race. Solo and teams of two are permitted, and riders accumulate time over the course of six days to achieve an overall standing. The experience of the Singletrack 6 is an intense and powerful one, characterized by the following features: Community - Singletrack 6 is a showcase of premiere Western Canadian mountain bike communities, Singletrack 6 features a rider-built and maintained route that changes annually. Camaraderie - The experience of racing with hundreds of riders from around the world creates relationships that last a lifetime. The intensity of emotion increases over the course of the event. There is also camaraderie that develops between teams and within the support staff to become a cohesive group by the end of the event. · Mixed Ability- A certain level of fitness is required to be able !o complete the event, but we place no restrictions on who can enter the event. For this reason, it is possible for a sixty year old insurance broker to line up next to a thirty year old Olympian. The slower riders may take up to 3 times as long to complete the distance, but they can compare their performance on a "level playing field".

Description of Experience Being Offered - Golden 24 Participants compete solo or in teams over forestry roads and trails located at the base of Mt 7 in Golden, BC. The course is 14 km in length and all riders start en masse at 11 :00 am on Saturday, June 18.

The start-finish-lap area will be located at the Keith King Memorial Park in the Town of Golden. Riders will use Town trail to access and egress this area, and town streets and roads for vehicular access.

Laws, Bylaws, etc. TransRockies Events Inc. will comply with all laws and bylaws as set out by the Governments of Canada and British Columbia, the Town of Golden and CSRD Area A. Further, TransRockies Events Inc. will abide by all permit regulations and directions

Festival Area The festival area for the event is at the Keith King Memorial Park within Golden town limits. The festival area will include food concession, expo area, piUcamping areas, portable toilets, waste management, a beer garden, parking, starUfinish and timing area.

Detailed Listing of Activities & Level of Use 1. See Table 1.1 next page Improvements 2. Minor trail maintenance (removal of deadfall) may be required for some areas of trail. Timber removal is not required 3. Temporary improvements to course are as follows: Control Points 1 & 2 o 1Ox10 tent, tables, possible temporary fencing. All improvements will be delivered by vehicle, no more than 12 hours prior to the event start and collected no more than 5 hours after the event completes.

Singletrack 6 I Golden 24 by TransRockies Management Plan 5 Section 2: Overiap with Environmental & Cultural Values

As described in Section 1 of this Management Plan, the operation is a short-term event spanning 6 days in total, broken up over 6 different sections of trail. Each section of trail will only be seeing use in any given location, for two days of the year. One of the days is trail marking a few days prior to the event and the other is during the actual race. The terrain being traveled on, as shown on the Overview Map, covers a variety of ecosystems including valley bottoms, mid-slope forests and alpine meadows. Wildlife including black and grizzly bears, elk among others is found throughout the area.

The proponent welcomes the opportunity to work with government biologists to ensure that protection to local flora and fauna is maintained.

The proponent is familiar with, and will adopt, the new Ministry of Environment guidelines "Wildlife Guidelines for Backcountry Tourism/Commercial Recreation" dated May 2006.

Some specific environmental values are discussed in the following: ,I 2.1 Fish Values ! The race route will utilize existing structures to cross any fish bearing creeks and rivers. I I I 2.2 Wildlife Values On the trail, environmental risk occurs due to physical damage to the sensitive flora species. Therefore, all racers in our event will be instructed and reminded to stay on the existing trails through those areas. All travel through the areas will predominately be on mountain bike. In terms of traveling through Grizzly habitat areas, the race will have a bear plan in place to ensure both the safety of the participants and the wildlife. A presentation will be given prior to the start of the race, to ensure all racers are aware of safe bear practices and are familiar with the race's bear plan.

2.3 Water Values To the best of our knowledge, the 2016 event does not travel through any community watersheds.

2.4 First Nations

The proponent is not aware of any archaeological sites in the area, nor has the proponent been made aware of any traditional First Nations activities that may have or are currently conducted in this area. None of the race activities require any soil disturbance and therefore risk to archaeological sites is minimal.

2.5 Public Use

While the trails will remain open to public use for the duration of the event, we will recommend other areas for cyclists to enjoy so as to minimize impacts on the event and maximize their experience. Course marshals will be posted at critical access points to communicate with the public - advising them of the event in progress and recommending alternative areas to ride. ·

Singletrack 6 / Golden 24 by TransRockies Management Plan 8 Section 3: Overlap With Existing Use

3.1 Mineral Tenure The 2016 race route has no known overlap with any active mineral tenures or mining operations. 3.2 Timber Tenure & Forest Use The 2016 race route has no known overlap with any active mineral tenures or mining operations. 3.3 Land Use Planning, Local or Regional Zoning Requirements Where applicable, the town councils have been contacted and will be working cooperatively with the event. Where applicable, trail groups in proposed areas have been consulted and have expressed their support by participating in the creation of each stage. 3.4 Commercial Recreation Tenure & Guide Outfitter Territories For this permit application it is understood, a list of CR tenure holders and guide outfitters will be provided by Lands to the applicant. They will be contacted by telephone to make them aware of the race and discuss any concerns they may have.

At the time of submission of this application, we are not aware of any CR tenure holders and/or guide outfitters in the proposed areas of routing.

I acknowledge that my areas of use may overlap with a commercial recreation tenure and/or guide outfitting territory. I understand that I am required to contact these tenures holders have them complete an Operator Input Form. I will receive this information from the regional LWBC office. -e::::::::.- Signed: _

Appendix 1 - Hazards and Safety Plan

0 I certify that I have prepared Hazards and Safety Plan which meets or exceeds Workers Compensation Board and approved industry standards and that my operation will meet the requirements of this plan.

______Signed

November 23, 2015____ Date

Singletrack 6 / Golden 24 by TransRockies Management Plan 9 . . . Tab.le 1.2 Extensive A.reas of Use-.Singletrack 6 ·.· ... .: .·.: . ·.. .·' ' Activity Report Client Days .• Extensive :< Activity Specific Frequency Period of Existing or Current' Next Year 3 Full Year Full A.rea Map. · /Activities References on of Use· use Proposed Use Year Year Capacity Capacity is Reference .:. Mao reached

Golden 24 Mountain Golden - Once June 18-19, Existing - 500 600 700 800 2019 Biking Mountain 2016 Originally used Shadows in 2014

Stage 1 Mountain Fernie, BC Once July 23, 2016 Existing - Since 350 400 450 500 2019 Route Biking 2002

Stage 2 Mountain Fernie, BC Once July 24, 2016 Existing - Since 350 400 450 500 2019 Route Biking 2002

Stage 3 Mountain Cranbrook, BC Once July 25, 2016 Proposed 350 400 450 500 2019 Route Biking

Stage4 Mountain Kimberley, BC Once July 26, 2016 Proposed 350 400 450 500 2019 Route Biking

Stage 5 Mountain Golden, BC Once July 27, 2016 Existing - 350 400 450 500 2019 Route Biking Originally used in 2014

Stage 6 Mountain Golden, BC Once July 28, 2016 Existing - 350 400 450 500 2019 Route Biking Originally used in 2014

Singletrack 6 I Golden 24 by TransRockies Management Plan 6 9.5.1

Regional District of StaffReport ... Transportation & Infrastructure Referrals

Date: January 26, 2016 File: P 201 200

Applicant: South Country Enterprises Ltd. Agent: Haworth Development Consulting (Richard Haworth) Location: Burton Lake Estates Road, Elko area Legal: Roadway over part of Lot A, DL 4590, KD, Plan NEP19189 except Plan NEP71747

Proposal: Application to close a 762 m2 section of cul-de-sac road area at the end of the dedicated portion of Burton Lake Estates Road. The subject section of cul-de-sac was dedicated as a public turn-around area for a previous subdivision and will no longer be required because the road will be extended with the second phase of subdivision.

Options: 1. THAT the Ministry of Transportation and Infrastructure be advised the RDEK supports the South Country Enterprises application for proposed closure of part of Burton Lake Estates Road in the Elko area subject to consolidation of the road closure area with the adjoining private land.

2. THAT the Ministry of Transportation and Infrastructure be advised the RDEK does not support the South Country Enterprises application for proposed closure of part of Burton Lake Estates Road in the Elko area.

Recommendation: Option# 1 No issues have been identified.

Property Zoning Designation: Not zoned. Information: Parcel Sizes: Area affected: 762 m2

Density: n/a

ALR Status: The subject area is not within the ALR

Interface Fire Hazard Rating: Moderate, within the Elko Fire Protection Area

Flood Hazard Rating: The subject area is not identified as being within a floodplain and debris torrent hazard information is not available in this area.

BC Assessment: n/a MoTI Referral File: P 201 200 South Country Enterprises Ltd. (Haworth) Page2

Property Water I Sewer Services: n/a Information: - cont'd

Additional Phase 2 of the Burton Lake Estates Road area subdivision (to create Information: 13 more residential lots) is currently making its way through the subdivision approvals process and the proposed configuration for Phase 2 includes an extension to Burton Lake Estates Road and a paved cul-de-sac at the end of the new road for public turn-around. The subject cul-de-sac area will not be required when the new road is registered.

Consultation: APC Area B: Supported.

RDEK Engineering Services Department: No concerns

RDEK Building Department (Emergency Services}: No concerns

Documents • Location Map Attached: • Map showing proposal

RDEK Tracy Van de Wiel, Planning Technician Contact: Phone: 250-489-0306 Email: [email protected] Region•IDi>

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~""'o""~-"' ~ ¢ Request for Decision East Kootenay p 716 203

Date February 3, 2016 Author Tracy Van de Wiel, Planning Technician Subject Request for Exemption from Providing a Professional Report - Reeves

REQUEST Novalee Reeves, owner of 8741 Derosier Road south of Jaffray, has requested an exemption from the requirement of providing a report from a qualified professional in support of her ALR subdivision application.

OPTIONS 1. THAT the Reeves request for exemption from providing a report from a qualified professional in support of the proposed ALR subdivision application for property located at 87 41 Derosier Road south of Jaffray be approved. 2. THAT the Reeves request for exemption from providing a report from a qualified professional in support of the proposed ALR subdivision application for property located at 87 41 Derosier Road south of Jaffray be refused.

RECOMMENDATION Option 2

The property has farm classification for tax purposes which indicates at least some existing agricultural use and the information submitted with the application only confirms the existing agricultural capability ratings and soil type. It does not address possible improvements to the soils, opportunities for non-soil bound agricultural uses, nor potential impacts to the land or surrounding agricultural operations as a result of subdivision. A full agrologist report should be submitted with the application in accordance with Official Community Plan (OCP) criteria.

BACKGROUND/ANALYSIS

The owner had an agrologist visit the property in 2008 who wrote a letter which she feels should satisfy the OCP requirement for a professional report. The information in the 2008 agrologist letter generally confirms the existing agricultural capability ratings for the soil and its limitations for soil bound agriculture. The letter does not give a detailed analysis and it does not address several of the required considerations identified in the OCP. The owner states that the property has never been used for agriculture.

SPECIFIC CONSIDERATIONS Regional Sustainability Strategy Agriculture & Food ALR Management Section 9.3.2(c) Capable and suitable farm and range lands should be retained whenever possible.

Page 1of2 Request for Decision February 3, 2016 Request for Exemption from Providing a Professional Report- Reeves p 716 203

Bylaws South Country Zoning and Floodplain Management Bylaw Designation: RR-8, Rural Residential (Country) Zone

Official Community Plan Lake Koocanusa Official Community Plan Designation: RR, Rural Resource

Agricultural Land Use Section 6.3 (2)(e) ALR applications for exclusion, non-farm use, or subdivision of parcels 4.0 ha in size or larger must be accompanied by a report from a qualified professional unless an exemption from the requirement has been approved by the Regional District Board. The re­ port must include the following: a) determination of the level of capability and suitability for both soil bound and non-soil bound agricultural production on the parcel including investigation of the terrain, soil, size, configuration and context of the agricultural lands; and b) identification of the impact the proposal will have on the agricultural suitability and ca- pability of the parcel, and agricultural operations in the surrounding area. Applications will not be processed by Regional District staff until such time as the report has been submitted or an exemption has been granted. Requests for exemption must be provid­ ed in writing to the RDEK prior to making an application and should provide rationale for granting the exemption.

Attachments: Location Map Owner's Request Letter Proposed Subdivision Plan 2008 Agrologist Letter and Photos

Page 2 of 2 Reg>onolOl'-

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1,Sl:> 0 761 1,523 Meters ------======::1---=== THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_ Web_Mercator_Auxiliary_ Sphere Scale= 1: 60,886 This map is a user generated static output from an Internet mapping site and is for RDEK GeoViewer - 1 /29/2016 10:40 AM reference only. Data layers that appear on this map may or may not be accurate, 0 current, or otherwise reliable. Regional District of East Kootenay 19 24th Avenue South Cranbrook BC V1 C 3H8 Main: 250-489-2791 I\:,: ? p '•'

Jan 22, 2016

Regarding: Request for exemption for another report from a Qualified Professional 1 for an application for subdivision within ALR - property 8741 Derosier Road , Jaffray BC

To whom it may concern,

Section (e) of the "Lake Koocanusa Official Community Plan" explains the need for the application to be accompanied by a report from a Qualified Professional. In 2008, I already paid for a qualified professional to provide a report on the agricultural stability of the 8.0 Ha. I have read section (e) .. i and ii as well, and have compared the requests of these sections compared to the report Mike Malmberg provided.

I paid the professional Agrologist to provide a professional assessment of this properties agricultural capability. I feel he has provided his professional opinion of the parcel. You will see from his report that he did test holes, took photographs and provided his professional opinion of the limitations to the soil. In my opinion, requesting another report for the same results is a duplication of effort and a waste of time and money. I request that you assess the current Professional Agrologist report I have already paid for as it does adequately represent the complexities that the parcel has for agricultural capability.

Additional information about the property:

PID 010-405-607 Lot 2 District Lot 316 Plan 14685. The property sits parallel along side Lake Koocanusa, 10 km south of Jaffray. A subdivision of this parcel poses no hindrance to the agricultural operation in the area, it has never been used to grow any crops because it cannot. You will see from the photos that the agrologist provided that it is very stoney and gravelly. The property is rectangular in nature, all proposed lots can have their own access roads and hydro is also adjacent to entire property. The proposed subdivision proposal allows for all square and uniform lots to face the lake, all have road access from Derosier road.

Please find attached letter from Professional Agrologist and photos. We also have supporting Pee test documents that we can provide if needed that also support the same findings.

Regards, ., 4j(~ Novalee Reeves 5 1975 l t Ave South Cran brook VlC 6Y3 250-489-0360 PY-opos~ Sc.Al-el,\/1s1 on

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..... LOT 3 Mt• If., / l~ ~"' ~., Z5t' at ~111 J11 l!O' 0 /\ fl.I 200~ ~rolora\s~ ~-tttr October 29, 2008 (A~ p~~s) Mike Malmberg Box 10 Fort Steele, BC, VOB 1NO

Ross Blackwell Focus Corporation 303·535 Victoria Ave. N. Cranbrook, BC, VlC 6S3

Dear Ross:

Re. Novalee and Darren Reeves Property, Moran Road, Jaffray BC.

I looked at the Reeves property and reviewed the maps provided by Cristin Schloss berger.

The soils on this property have severe limitations affecting the choice of crop, tillage, planting and harvesting. On most of the land, the stony and gravely nature of the soil precludes the sustained production of annual crops. These limitations restrict the Canada Land Inventory Soil Capability for Agriculture on this prope1ty to classes 4 and 5.

'I have provided some photos of the property, The gravel pit on the section north of Moran Road (photo 2116 and 2123) is indicative of the soil profile and the stony nature of the soil. The photo taken on the south end of the property (2119) shows a similar profile. The pictures with the shovel (2117 and 2118) shows the course material located near the soil surface in the center portion of the property. Several of the pictures (2120, 2121, and 2122) also portray the course, stony nature of the soil which extends from depth to the soil surface. These photos are representative of the property in total.

In summary, the course, stony and gravely nature of the soils on this property present major and severe limitations to the range of crops that can be grown and level of production achievable,

Yours truly, mrJ- /1rl~~ ' Mike Malmberg. MSc, PAg, CPRM

I 9.5.3

Regional District of Request for Decision p 502 210

Date January 27, 2016 Author Karen Macleod, Planner Subject Jaffray and Elko Official Community Plan Advisory Group

REQUEST To consider the recruitment of a new member representing the agricultural sector to the Jaffray and Elko Area Official Community Plan (OCP) Advisory Group.

OPTIONS 1. THAT a new member representing the agricultural sector be recruited for the Jaffray and Elko Official Community Plan Advisory Group. 2. THAT the current membership of the Jaffray and Elko Area Official Community Plan Advisory Group be maintained.

BACKGROUND/ANALYSIS The appointment of members to the Advisory Group for the Jaffray and Elko Area Official Community Plan planning process was considered by the Board in November 2015. Twelve members were appointed at that time in consideration of the recommendation by staff and Director Stan Doehle.

The members of the Advisory Group were recruited through advertisement in the first newsletter for the planning process (mailout of approximately 1000) and information provided at the two introductory meetings held in Jaffray and Elko. Interested individuals were provided a month to submit a standardized expression of interest. In total 21 expressions of interest were received. The recommendation for appointment was based on geographic representation, community group affiliation and interests as identified by the applicants and not on sectoral representation. Appointments were in consideration of the roles identified within the Advisory Group Terms of Reference.

Subsequent to the appointment of the current members, a property owner and rancher within the proposed plan area has expressed concern about a perceived lack of representation from the agricultural sector. In consideration of the concern expressed by the interested individual, the current Advisory Group members were requested to consider what they can contribute, either based on their own agricultural knowledge or connections and whether agricultural sector representation was an area of concern. The discussion item was placed on the agenda for the January 11, 2016 Advisory Group meeting. At the meeting an open discussion was held on members' contributions and contacts, proposed opportunities for consultation with the Electoral Area B Advisory Planning Commission, the process that could be undertaken if appointment was desired, concerns about reopening the membership process and the process utilized to appoint current members. The outcome of the discussion was that no changes were recommended by the Advisory Group at this time.

Page 1of2 Request for Decision January 27, 2016 Jaffray and Elko Area OCP Advisory Group p 502 210

The role of the Advisory Group is to provide advice in an advisory capacity on land use policy, identify key issues that could be addressed in the OCP and review draft policies. In recognition of the range of stakeholders and interests within the plan area, a range of meetings and consultations outside of the standard public engagement activities and Advisory Group meetings will be included within the planning process. In discussion with the current Advisory Group, identified sector engagement opportunities include light industrial, agricultural, campground, North Star Lake/Suzanne Lake leasees/property owners, commercial and community associations. Preliminary consultations are proposed for each sector this spring with appropriate follow up and consultation as the process moves forward. Preliminary meetings with the agricultural sector and Tie Lake I Rosen Lake Community Association representatives are proposed to be held in February.

SPECIFIC CONSIDERATIONS Regional Sustainability Strategy

9.3.5 Agricultural Planning Support for the local food industry and the region's agricultural resources will be provided through the implementation of relevant plans and the supporting policies and actions.

Communications If a new member is to be recruited, advertising for the position is proposed to be completed through the dedicated email distribution list and local advertisement via the local newspaper and posters at local hubs.

Financial - Budget If required, advertisement in a local paper can be accommodated within the current operational budget.

Page 2 of 2 9.5.4

__.,.,,.,.- ¢ Request for Decision East"""""'' l(ootenay ''"'""'"' U ag 600 001 Date February 1, 2016 Author Andrew Mcleod, Planning & Development Services Manager Subject West Fernie Development Policy

REQUEST Establish interim policy to not support the rezoning or subdivision of land that is proposed for incorporation into the City of Fernie as part of the West Fernie Servicing & Restructure Project.

OPTIONS 1. Establish development policy to guide the refusal of West Fernie development applications for the duration of the servicing and restructure project:

THAT pending the completion of the West Fernie Servicing & Restructure Project Phases 1 and 2, and incorporation into the City of Fernie, the rezoning or subdivision of lands within the project area is not supported. 2. Status quo:

THAT development applications in the West Fernie Servicing & Restructure Project area continue to be received, processed and decided in the usual manner.

RECOMMENDATION Option 1

BACKGROUND/ANALYSIS The West Fernie Servicing & Restructure Project will see the RDEK construct new infrastructure services in the community of West Fernie and the lands taken into the City. The project is being undertaken in two phases. Phase 1 infrastructure servicing is anticipated to be completed by October 2016 and Phase 2 by March 2018. Incorporation into the City is expected to occur simultaneously with the completion of each phase.

The lack of water and sewer services to the community, combined with small lot sizes and high water table have limited development opportunities in West Fernie. The City of Fernie has supplied water to the community through a historic agreement with the now defunct West Fernie Waterworks District, but has had a moratorium on new water connections since 1996. The Elk Valley OCP discourages new development in this area due to servicing constraints.

Page 1of3 Request for Decision February 1, 2016 West Fernie Development Policy U ag 600 001

As the servicing component of the project progresses, the policies and servicing constraints that have discouraged new development in West Fernie will be addressed and the opportunity to connect to the new water and sewer systems will be available. Allowing development to proceed and connect to the newly installed services prior to municipal incorporation may be problematic for a number of reasons.

The City needs to be able to regulate the new development that will occur in West Fernie after services are installed, including the administration of zoning, roads and driveways, utility connections and building permits, as well as collect applicable development cost charges. Not approving new development while the project is underway, provides the City with the time to prepare the plans and bylaws it requires, while also being able to capture the benefits of such development when it does occur.

Allowing development to proceed ahead of incorporation may create coordination, sequencing and timing issues with respect to RDEK project management responsibilities and for land owners who may have in-process applications when incorporation occurs. The proposed development policy will assist with efficient implementation of the project. The RDEK Building Bylaw already allows for building permits to be withheld pending completion of the utility servicing project.

Although local government is not allowed to establish a "moratorium" on development, or refuse to accept development applications, it can establish policy with respect to how certain applications will be considered so long as each application is in fact considered by the Board before the decision to refuse is made.

The RDEK is getting inquiries with respect to obtaining development approvals prior to incorporation into the City. To put the development potential into perspective, if community water and sewer services were available in the Phase 1 area: • approximately 10 vacant parcels could be built upon; • there is potential to subdivide to create approximately 44 new residential parcels under the existing zoning regime; and, • an additional 38 residential parcels could be created through the rezoning and subdivision of underutilized land.

SPECIFIC CONSIDERATIONS Strategic Priority The West Fernie Servicing & Restructure Project is a current project priority with an anticipated completion date of March 2018.

Bylaws Building Regulation Bylaw No. 1735 Section 13.1 includes authority for the Building Official to withhold a permit when there are deficiencies with utility services required to support the use or occupancy of the building.

Official Community Plan Elk Valley Official Community Plan 4.3 (7) (f) The following policy statements will guide development in West Fernie identified in Figure 4.2:

Page 2 of 3 Request for Decision February 1, 2016 West Fernie Development Policy U ag 600 001

(i) additional subdivision is not generally supported until servicing constraints and access management for the West Fernie area have been addressed; and (ii) further construction of onsite septic systems in West Fernie is not supported.

18.2 (2) (a) Support municipal expansion plans as set forth in the City of Fernie OCP and avoid adverse impacts on the municipal fringe area. (c) Ensure that fringe development is physically and economically compatible with expansion requirements of the City of Fernie. (d) Provide guidelines for orderly growth and development within the plan area.

18.2 (3) (e) Annexation of the West Fernie area identified in Figure 4.2 is supported. (f) The City of Fernie, West Fernie residents, RDEK and the provincial government of British Columbia are encouraged to continue working together to implement the annexation strategy for the West Fernie area.

Figure 4.2 - West Fernie

Public Consultation No formal consultation has occurred to date. Informal communication with staff at the Ministry of Transportation and Infrastructure (subdivision approval authority) and the City of Fernie has occurred. Project related communications with the public to date have emphasized that construction of the services and incorporation into the City is advisable before new development proceeds.

Communications If adopted, the RDEK will communicate the Board's resolution through the project email group, newsletter, website and Facebook page.

Attachment: West Fernie Servicing & Restructure Project map

Page 3 of 3 City of Fernie Boundary

Park Boundary

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Regional District of East Kootenay Regi"""' Dlstlim o!/\ ~ ,. East Kootenay WestFernie Servicing and Restructure Project

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