REGIONAL DISTRICT OF CENTRAL KOOTENAY REFERRAL FORM BOX 590, 202 Lakeside Drive, NELSON, BC V1L 5R4 DEVELOPMENT PERMIT APPLICATION ph: 250-352-8165 fax:250-352-9300 RDCK Planning File: DP1709E email: [email protected] Date: January 11th, 2018
You are requested to comment on the attached DEVELOPMENT PERMIT for potential effect on your agency’s interests. We would appreciate your response WITHIN 30 DAYS (PRIOR TO February 11th, 2018). If no response is received within that time, it will be assumed that your agency’s interests are unaffected. LEGAL DESCRIPTION & GENERAL LOCATION: 1428 Highway 3A, Queens Bay LOT 1 DISTRICT LOT 12075 PLAN 4230 (PID 014-909-189) PRESENT USE AND PURPOSE OF PERMIT REQUESTED: The subject property is a vacant treed lot located in Queen’s Bay, with waterfront access to Kootenay Lake. The applicant is applying for a Watercourse Development Permit as required by Electoral Area E Official Community Plan Bylaw No. 2260, 2013 in order to construct a two-bedroom single family dwelling up to 7.5m from the natural boundary of Kootenay Lake. The proposal includes the installation of a Type 3 septic system, which further limits the available space on the parcel. The applicant seeks a 7.5m relaxation in order to construct a dwelling, citing hardship due to property size. The applicant has also submitted a Floodplain Exemption application, which is being reviewed concurrently.
AREA OF PROPERTY ALR STATUS ZONING OCP AFFECTED n/a n/a Country Residential (RC) 0.02 ha
APPLICANT: Jeff Ovens
OTHER INFORMATION: ADVISORY PLANNING COMMISSION PLEASE NOTE: If your Advisory Planning Commission plans to hold a meeting to discuss this Development Permit application, please note that the applicants must be provided with an opportunity to attend such meeting, in accordance with Section 461, subsection (8) of the Local Government Act, which reads as follows: “If the commission is considering an amendment to a plan or bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard.” Please fill out the Response Summary on the back of this form. If your agency’s interests are ‘Unaffected’ no further information is necessary. In all other cases, we would appreciate receiving additional information to substantiate your position and, if necessary, outline any conditions related to your position. Please note any legislation or official government policy which would affect our consideration of this permit.
DARCY ROSZELL, PLANNER REGIONAL DISTRICT OF CENTRAL KOOTENAY INTERIOR HEALTH LOWER KOOTENAY BAND Nelson (E,F,G,H,I(Thrums), K) FIRE CHIEF – ANDREW BELLERBY TRANSPORTATION APC AREA E West Kootenay District Office, Nelson DIRECTORS FOR: FORESTS A B C D E F G H I J Kootenay Lake (Nelson) K ENVIRONMENT RDCK BUILDING SERVICES FRONT COUNTER BC(Cranbrook) RDCK ENVIRONMENTAL SERVICES OTHER INSERT COMMENTS ON REVERSE . . . The personal information on this form is being collected pursuant to Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015 for the purpose of determining whether the application will affect the interests of other agencies or adjacent property owners. The collection, use and disclosure of personal information are subject to the provisions of FIPPA. If you have any questions about the collection of your personal information, contact the Privacy Officer at 250.352.8167, [email protected], or RDCK Privacy Officer, Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4.
RESPONSE SUMMARY FILE: DP1709E APPLICANT: JEFF OVENS
Name: Date:
Agency : Title:
RETURN TO: DARCY ROSZELL, PLANNER DEVELOPMENT SERVICES REGIONAL DISTRICT OF CENTRAL KOOTENAY BOX 590, 202 LAKESIDE DRIVE NELSON, BC V1L 5R4 Ph. 250-352-8175 Email: [email protected]
The Regional District of Central Kootenay Box 590, 202 Lakeside Drive, Nelson British Columbia V1L 5R4 04-Jan-2018 Phone: 250-352-6665 Toll Free 1-800-268-7325 Web: www.rdck.bc.ca E-Mail: [email protected]
Property Information Report Folio Number: 707.22199.010 EA: E Site Address: HIGHWAY 31 PID: 014-909-189 Parcel area: 0.05 ACRES Legal Description: LOT 1 PLAN NEP4230 DISTRICT LOT 12075 KOOTENAY LAND DISTRICT
Land-use Information Zoning Designation: UNZONED
GeneralLand-use Services Information Information Fire Department: BALFOUR
This information is provided as a public resource for general information purposes only. The information shown is compiled from various sources and the Regional District of Central Kootenay makes no warranties, expressed or implied, as to the accuracy or completeness of the information. This report is not a legal document and is published for information and convenience only. The RDCK is not responsible for any errors or omissions. Report generated: 04-Jan-2018 ~MT
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MASSE ENVIRONMENTAL CONSULTANTS LTD.
LOT 1, PLAN NEP4230, DISTRICT LOT 12075, KOOTENAY DISTRICT Riparian Assessment
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Prepared for: Regional District of Central Kootenay 202 Lakeside Drive, Nelson BC, V1L 5R4
Prepared by: Masse Environmental Consultants Ltd. 812 Vernon St. Nelson, BC, V1L 4G4
December 15, 2017 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
TABLE OF CONTENTS
Table of Contents...... i
List of Tables...... ii
List of Appendices...... ii
1 Introduction...... I
1.1 Location...... ,.,...... ,...... ^
1.2 Streamside Protection and Enhancement Area (SPEA) ...... 2
2 Project Overview...... 3
2.1 Existing Development...... 3
2.2 Proposed Development...... ^
2.3 Water Resources...... ^
2.4 Services and Site Drainage...... ,...... ^
3 Resources...... 5
3.1 Fish and Fish Habitat...... 5
3.2 Riparian Vegetation...... 6
3.3 Wildlife...... ,...... ,...... ?
3.3.1 Reptiles and Amphibians ...... 7
3.3.2 Birds...... ?
3.3.3 Mammals...... 8
3.4 Species at Risk...... 8
4 Potential Environmental Hazards...... 8
4.1 Windthrow...... 8
4.2 Slope Stability...... 9
4.3 Hazard Tree Removal ...... 9
5 Environmental Considerations ...... 10
5.1 Development Activities and Impacts within the SPEA/WDP...... 10
5.2 Riparian and Wildlife Impacts...... 10
5.3 Aquatic Impacts ...... 11
6 Measures to Protect the Integrity of SPEA...... 11
6.1 Environmental Monitoring ...... 11
6.2 Scheduling of Environmentally Sensitive Activities ...... 11
6.3 Clearing of Vegetation ...... 12
6.4 Concrete Management...... 12
6.5 Construction Waste Management...... 12
6.6 Wildlife Management...... 12
6.7 Sediment Control ...... 12
7 Mitigation Plan ...... 13
8 Conclusion...... 14
9 Closure...... 14
10 References...... 15
Masse Environmental Consultants Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
LIST OF TABLES
Table 1. Results of detailed RAR assessment...... 3
Table 2. Fish species present in Kootenay Lake...... 6
Table 3. Plant species list ...... 7
Table 4. Species at risk...... 8
LIST OF APPENDICES
Appendix 1. Location Map Appendix 2. Setbacks and Suggested Riparian Vegetation Retention Areas Appendix 3. Highlands Consulting Conceptual Septic Plan 2017
Masse Environmental Consultants Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
1 INTRODUCTION
Masse Environmental Consultants Ltd. (MEC) was retained by Jeff Ovens to conduct a riparian assessment of Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District. Mr. Ovens is considering the purchase of this parcel with the intention of building a small recreational cabin. The construction of the proposed cabin will involve work within the 15 m Watercourse Development Permit Area (WDP) as defined in the Electoral Area 'E' Rural Official Community Plan Bylaw No. 2260, 2013. A site visit was conducted on December 1, 2017 by Sylvie Masse MSc, RPBio, and Iraleigh Anderson Environmental Technician, to conduct a riparian assessment on the property, including an assessment of habitat values, and the potential impact of the proposed development on riparian and foreshore areas; and to identify options for mitigation of impacts to these areas.
This assessment evaluates the existing conditions of the foreshore and riparian areas, identifies important habitat values, records the existing environmental impacts, discusses impacts related with the proposed development, and recommends measures to protect environmentally sensitive areas during development. It is based on the following regulatory framework and best management practices documents: • Electoral Area 'E' Rural Official Community Plan Bylaw No. 2260,2013 • British Columbia Riparian Areas Regulation • Provincial Water Sustainability Act • General BMPs and Standard Project Considerations (Ministry of Environment) • On the Living Edge: Your Handbook for Waterfront Living • Develop with Care. Environmental Guidelines for Urban and Rural Land Development in British Columbia • BC Tree Replacement Criteria • Kootenay Lake Guidance Document
This report has been prepared by Iraleigh Anderson Env. Tech., and reviewed by Sylvie Masse, MSc, RPBio.
I, Sylvie Masse, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Regulation made under the Fish Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer; c) I have carried out my assessment of the development proposal, and my assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the assessment methods set out in the Schedule to the Riparian Areas Regulation.
Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
1.1 Location
The subject property, Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District, is located in Queen's Bay, approximately 2.5 km north of Balfour, BC (Appendix 1). The property covers an area of 0.02 ha, and is bordered by private properties to the north and south, Kootenay Lake to the east, and' the Highway 31 right-of-way (ROW) to the west.
The project area is within the Interior Cedar Hemlock dry warm variant 1 (ICHdwl) biogeoclimatic subzone. This moist climatic region is characterized by very hot, moist summers; and very mild winters with light snowfall. Soils generally dry out in late summer for varying extents of time ranging from insignificant to extensive. Snow packs are very shallow to shallow and of short duration and combined with the mild climate result in no significant soil freezing.
Existing residential development in Queen's Bay consists of a strip of properties running for ~1.2 km along Highway 31. Virtually all properties in Queen's Bay have been developed within the riparian area of Kootenay Lake. Though many parcels in Queen's Bay include land on both the east and west sides of Highway 31, most residential development has occurred on the relatively smaller portions of the parcels (median area = 0.05 ha) between Highway 31 and Kootenay Lake. These smaller sections of the parcels have been targeted for recreational property development, which has resulted in the loss of a significant portion of native vegetation and wildlife habitat within ~30 m of the natural boundary of Kootenay Lake throughout this 1.2 km strip (Photo 1).
Photo 1. Typical recreational property development in Queen's Bay south of subject property. Imagery from RDCK web map application accessed December 7, 2017.
1.2 Streamside Protection and Enhancement Area (SPEA)
To determine whether the WDP setback of 15 meters from the High Water Mark (HWM) of Kootenay Lake aligns with the criteria in the Riparian Area Regulation (RAR), a detailed assessment of the site was conducted to calculate the SPEA for Kootenay Lake on the subject parcel. Results for the Zones of Sensitivity (ZOS) and SPEA are presented in Table 1 below, and on the SPEA setback map (Appendix 2).
Masse Environmental Consultants Ltd. 2 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
As per the RAR, the large woody debris (LWD), and litter ZOS were plotted 15 m inland from the HWM. Because the shore is east facing, no shade ZOS was plotted. The SPEA is determined based on the ZOS with the greatest width. The determination of the HWM is based on soil characteristics and the presence of terrestrial vegetation. Based on our observations, the HWM (see definition below) along the subject parcel was consistent with the surveyed natural boundary of recent legal accretions to the north and south (Plan NEP 78428, 2005, Ward Engineering and Land Surveying Ltd; and Plan NEP 86787, 2008, Gordon Stein). The riparian setbacks, including the Streamside Protection and Enhancement Area (SPEA) and the WDP will be measured from the HWM, which coincides with the natural boundary as defined in these recent surveys.
The BC Riparian Regulation (BC 2015) defines the High Water Mark as follows:
"High Water Mark" means the visible high water mark of a stream where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the stream a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active floodplain"
"Stream" includes any of the following that provides fish habitat: (a) a watercourse, whether it usually contains water or not; (b) a pond, lake, river, creek or brook; (c) a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph (a) or (b);
Table 1. Results of detailed RAR assessment.
Feature Type SPVT1 Zones of Sensitivity | SPEA3 WBtx Litter fall Lake TR 'Bffl- 15 m ^^^^^m^^^^^B 15 m 1 SPVT: site potential vegetation type (TR-tree)
2 PROJECT OVERVIEW
2.1 Existing Development
At the time of the assessment, the property was undeveloped and covered in young forest with open areas in the upland portion of the property (Photo 2). The site is accessed via an existing gravel driveway within the highway ROW. This driveway also accesses the property to the north (Photo 3).
Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
Photo 2. View of lot, looking east. Photo 3. Driveway and Highway 31, looking north.
2.2 Proposed Development
Planning of the proposed development on this parcel is in the preliminary stages. The proposed development includes: • Construction of a cabin and patio with a combined footprint of ~75 mz, • Installation of type 3 septic system, and • Installation of a water line and pump to access water from Kootenay Lake.
Presently there are no site plans or architectural drawings for the cabin, but a conceptual design for the septic system has been developed (Highlands Consulting 2017, Appendix 3). The proposed septic system is outside of the 15 m WDP/SPEA setback, within a range of 20-30 m from Kootenay Lake (Highlands Consulting 2017). Due to the proposed siting of the septic system at the west side of the lot, the proposed cabin would be sited on the east side of the property facing Kootenay Lake. Based on the constraints of the proposed septic layout it is expected that the proposed cabin would encroach within the SPEA by at least 25 m2.
2.3 Water Resources
No water lines or wells currently exist on this parcel. The other parcels in Queens Bay generally obtain water directly from Kootenay Lake (Doug Stewart - Coldwell Banker Rosling Real Estate personal communication). It is anticipated that water for this parcel will be obtained from Kootenay Lake.
2.4 Services and Site Drainage
No drainage or sewage systems currently exist on this parcel. The proposed development of a 2 bedroom cabin on this property would involve the installation of a Type 3 septic system along the western property boundary, within 20-30 m of Kootenay Lake. The proposed installation area is within the 30 m setback, but is considered a safe site for septic, given that effluent will be treated to Type 3 standards (Highlands Consulting Ltd. 2017).
Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
3 RESOURCES 3.1 Fish and Fish Habitat
Typically, Kootenay Lake experiences two seasonal water level increases annually. The first increase is observed in April during low elevation snowmelt followed by a more substantial secondary rise in water levels due to high elevation snowmelt in June. Lake levels can vary by up to 4 m throughout the year affecting the extent of exposed shoreline.
Kootenay Lake supports a variety of fish species (Table 2), including several species of regional interest, such as rainbow trout (^Oncorhynchus mykiss), bull trout (Salvelinus confluentus), kokanee (0. nerka}, white sturgeon {Acipenser transmontanus), Westslope cutthroat trout (0. clarki lewisi), and burbot (Lota lota}.
Fish habitat along the foreshore is a uniform expanse of smooth pebble size gravels with a slope of 24 % (Photos 4 - 5). No aquatic vegetation was observed within the shoreline along this property. Some large woody debris (LWD) has been piled along the high water mark (Photo 5).
The foreshore inventory mapping (FIM; Cormano and Schleppe 2013) completed as part of the development of the Kootenay Lake Shoreline Management Guidelines (KLP 2017) rated the shoreline in front of the subject parcel as having a moderate aquatic habitat index value, and high potential for juvenile fish rearing.
Photo 4. Shoreline facing east, Photo 5. Foreshore facing west.
Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
Table 2. Fish species present in Kootenay Lake. Species Scientific Name Comments Burbot Lota lota Kootenay Lake population is red listed Bull Trout Salvelinus confluentus Blue-listed species Brook Trout Salvelinus fontinalis Introduced species Kokanee Oncorhynchus nerka Largemouth Bass Micropterus salmoides Introduced species Largescale Sucker Catostomus macrocheilus Longnose Dace Rhinichthys cataractae Longnose Sucker Catostomus catostomus Lake Whitefish Coregonus clupeaformis Mountain Whitefish Prosopium williamsoni Northern Pikeminnow Ptychocheilus oregonensis Peamouth Chub Mylocheilus caurinus Pumpkinseed Lepomis gibbosus Introduced species Prickly Sculpin Cottus asper Pygmy Whiteflsh Prosopium coulteri Rainbow Trout Oncorhynchus mykiss Redside Shiner Richardsonius balteatus Slimy Sculpin Cottus cognatus Torrent Sculpin Cottus rhotheus Westslope Cutthroat Trout Oncorhynchus clarki lewisi Blue-listed species White Sturgeon Adpenser transmontanus Kootenay Lake population is red-listed Yellow Perch Perca flavescens Introduced species (Habitat Wizard 2017) 3.2 Riparian Vegetation
The riparian area along Kootenay Lake is located within the 15 m WDP/SPEA area. The riparian area on the property along the lake mostly has an eastern aspect, and consists of two cover types: 1. Gravel beach, and
2. Young Douglas-fir forest.
The gravel beach is un-vegetated. There are no trees or shrubs within this area, but there is some fallen LWD piled along the upper section of the foreshore, next to the young Douglas fir forest (photo 5). There is no aquatic vegetation within Kootenay Lake in front of this property.
The dominant vegetation cover on the subject property consists of a young forest of Douglas-fir {Pseudotsuga menziesif} predominantly occurring on the east side of the property. The upland portion includes an open area with a higher percentage of dedduous cover (Photo 6). The larger trees have an average height of ~18-22 m, and a maximum diameter at breast height (DBH) of ~34 cm. There is a high density of smaller Douglas fir in the understory on the east side of the property, which are naturally thinning out in the shade of the larger trees (Photo 7). Several understory shrub species occur including Saskatoon {Amelanchier alnifolia), beaked hazelnut {Corylus cornuta), and blue elderberry {Sambucus
Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment
cerulea). The time of sun/ey was not optimal for detection of herbaceous species. The herbaceous plant species encountered during the survey are listed in Table 3.
Table 3. Plant species list
Common Name Latin Name Common Name Latin Name
Trees Shrubs western redcedar Thuja plicata blue elderberry Sambucus cerulea interior Douglas-fir Pseudotsuga menziesii Saskatoon Amelanchier alnifolia western white pine Pinus monticola beaked hazelnut Corylus cornuta Douglas maple Acerglabrum Herbaceous Norway maple Acer platanoides bracken fern Pteridlum aqulllnum paper birch Betula papyrifera wall lettuce Mycelis muralis burdock Arctiumsy,
bluegrass PoBSp.
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<*:-- Photo 6. Young Douglas fir forest covers the parcel Photo 7. Dense growth of young Douglas-fir, between neighboringM lots, looking south. looking east. 3.3 Wildlife 3.3.1 Reptiles and Amphibians No reptiles or amphibians were observed during the survey. No habitat features for either reptiles or amphibians were observed on the parcel. 3.3.2 Birds An assessment was conducted to identify raptor nests, and none were found. The parcel is generally lacking mature trees/snags preferred by raptors for perching and nesting. Both conifer and deciduous snags provide habitat for cavity nesters including some songbirds, and raptors. A paper birch {Betula papyrifera) snag (~25 cm DBH) was noted in the forested area outside of Masse Environmental Consultants Ltd. 7 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment the WDP/SPEA setback west of the proposed building site that could be used by some cavity nesting species. Paper birch provide short term cavity nesting opportunities before they eventually topple due to decay. Other than this snag, there were no other potential cavity nesting features noted on this parcel. 3.3.3 Mammals No signs of mammalian wildlife species were observed on this parcel. This parcel is isolated from other patches of forest by the Highway 31 ROW, and by the residential developments to the north and south. As such, the habitat within this parcel is less favorable for extended use by large mammals. However, it is also possible that this parcel is used by large mammals accessing Kootenay Lake from the forested land west of Highway 31. 3.4 Species at Risk A search of ~12 km north and south of the subject property along the west side of Kootenay Lake was conducted using Habitat Wizard on iMap to identify any known species at risk occurrences within or near the project area (Table 4). There was no sign, or occurrence of any of these species encountered during the site survey. Table 4. Species at risk. Common Name Latin Name Comments white sturgeon Acipenser transmontanus Red listed. Kootenay Lake population. western skink Plestiodon skiltonianus Blue listed. Occurrence 6 km north at Coffee Creek. spurless touch-me-not Impatiens ecornuta Red listed. Occurrence at Kokanee Creek (11 km south). Owyhee mudwort Limosella acaulis Red listed. Occurrence 11 km south at Kokanee Creek. blunt-sepaled starwort Stellaria obtusa Blue listed. Occurrence across Kootenay Lake in Pilot Bay. (CDC 2017) 4 POTENTIAL ENVIRONMENTAL HAZARDS The riparian area was assessed for potential environmental hazards including: slope stability indicators, and hazard trees. Field indicators listed in Table 3.8 of the RAR (BC 2015) were reviewed while on site to identify the presence of any potential indicators. 4,1 Windthrow A Registered Professional Forester (RPF) was not retained to assess windthrow potential on this parcel. Removal of trees carries some risk of windthrow for the remaining trees. Although the risk appears to be relatively low since the treed area consists of a young forest and the patch is small enough that most trees would have already been exposed to strong winds coming from the lake, planning for tree removal should proceed with advice from an RPF. Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment 4.2 Slope Stability No slope stability hazard indicators were observed during our site visit. A geotechnical assessment on this parcel was conducted in November 2017 (Perdue Geotechnical Services, 2017). The assessment did not note any significant slope stability hazards, and describes the shoreline of the parcel and surrounding properties as "resistant to low to moderate flow velocities, wind-generated wave action and inundation during anomalous high water level^' (Perdue Geotechnical Services, 2017). The geotechnical report was prepared to support an application for a variance in the 15 m flood construction setback of the RDCK Floodplain Management Bylaw No. 2080, 2009. The report concludes that the 15 m floodplain setback does not leave sufficient room for the proposed development of a 75 m cabin on the parcel, and recommends a reduced setback (Perdue Geotechnical Services, 2017). 4.3 Hazard Tree Removal A RPF was not retained to assess hazard trees; however, a quick assessment for potential hazard trees was conducted within the property. The following hazard trees were noted: • A Douglas-fir with a split top within the SPEA/WDP along the north property boundary (Photo 8). • Two paper birch snags outside of the 15 m SPEA/WDP setback (Photo 9). • A western white pine (^P/'nus monticola) with basal resin within the SPEA/WDP along the south property boundary. The two paper birch present the most immediate hazard, and could fall within the next few years. The Douglas-fir along the north boundary will continue to grow with a split top for many more years before the defect causes an increased hazard, but eventually the joint at the split will become a weak point which could break due to rot, and/or stress. The basal resin observed on the western white pine is likely due to infection with white pine blister rust (Cronartium hbicola). This introduced fungal pathogen affects all five-needled pines native to western Canada. It is contracted when fungal spares land on the needles. Infection progresses through the branches toward the trunk, eventually causing mortality in most cases. Though mortality of this tree is not imminent, this tree should be monitored, and considered when planning tree retention and removal. Planning for tree retention and removal should proceed under the supen/ision of a RPF or arborist with training in hazard tree assessment. Masse Environmental Consultants Ltd. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment r B Photo 8. Douglas fir with split top, facing south. Photo 9. Paper birch snags, facing east. 5 ENVIRONMENTAL CONSIDERATIONS 5.1 Development Activities and Impacts within the SPEA/WDP There are currently no plans in place for the proposed development of this parcel, which creates uncertainty regarding the extent of impact to the foreshore area within the 15 m WDP/SPEA. Based on the information available at this time, the proposed development will involve the following activities within the 15 meter WDP/SPEA area: • Construction of a 75 m2 cabin; with at least 25 m2 of the footprint within the 15 m WDP/SPEA. • Removal of the majority of vegetation within the developable portion of the property which includes 3 young Douglas fir trees (16-34 cm DBH), and 12 Douglas fir saplings within the proposed building footprint; and likely removal of an additional 14 young Douglas fir (11-34 cm DBH), 5 Douglas fir saplings, and several shrubs. • Installation of a water line and pump system from Kootenay Lake to the proposed cabin. 5.2 Riparian and Wildlife Impacts The subject parcel is one of the last parcels between Highway 31 and Kootenay Lake in Queen's Bay which has not been developed into a recreational property. The young forest covering the subject parcel stands in contrast to properties to the north and south where the majority of native vegetation has been removed, except for small patches of shrubs and occasional mature trees. Within the fragmented context of the local landscape, it is unlikely that the subject parcel functions as an important piece of wildlife habitat for large mammals, reptiles, or amphibians. This is supported by the fact that no wildlife signs were observed on the property during the site assessment. However, the development of this property will limit future use by wildlife, and the potential for wildlife access to Kootenay Lake from the forested area to the west. At present, the young forest on the parcel provides limited habitat for perching and nesting by raptors, songbirds and cavity nesters, but the functional capacity of this habitat would increase as the Douglas fir continue to grow. The removal of multiple trees and shrubs within the WDP/SPEA would decrease the Masse Environmental Consultants Ltd. 10 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment perching and nesting opportunities for raptors, and foraging and nesting opportunities for songbirds. This loss of habitat function could be partially mitigated by retaining patches of Douglas fir along the high water mark, and by retaining some of the vegetation on the west side of the property. 5.3 Aquatic Impacts Encroachment of the cabin by at least 25 m into the SPEA will involve the loss of trees and shrubs which provide two primary functions to the aquatic habitat in Kootenay Lake: 1. The recruitment of LWD, which provides hiding cover for fish along otherwise open shoreline habitat. 2. The provision of insect drop and leaf litter, which contribute to productivity of the aquatic food web in Kootenay Lake. Mitigation of loss of vegetation function within the SPEA is typically achieved by replacing removed native vegetation on disturbed areas elsewhere in the area immediately around the site. There are no opportunities for mitigating the loss of vegetation through compensator/ planting on this parcel due to the small size of the property. Minimizing the loss of riparian vegetation within the SPEA is an essential strategy to mitigate for the loss of vegetation necessary for the development of the cabin, and associated infrastructure, 6 MEASURES TO PROTECT THE iNTEGRITf OF SPEA General environmental procedures recommended for the project in order to protect the integrity of the SPEA include environmental monitoring, appropriate scheduling of environmentally sensitive activities, clearing of vegetation, concrete management, water quality, construction waste management, wildlife management, and sediment control. 6.1 Environmental Monitoring Prior to construction, a QEP should visit the site and flag the SPEA and areas of native vegetation to be protected during construction activities. A pre-work meeting with the construction contractors and/or owners and the QEP should be scheduled to review and discuss the measures to protect the SPEA outlined in this section. Further site visits by the QEP are recommended during development of the parcel to ensure that the integrity of SPEA and other valued ecological features are being protected during construction. 6.2 Scheduling of Environmentally Sensitive Activities Environmentally sensitive activities include the falling of several trees and work within the riparian area. In order to avoid potential wildlife impacts, any tree clearing for this project should occur within the least risk work window period for nesting birds (August 1- March 31) and raptors (August 15-January 30). If removal of vegetation is scheduled otherwise, a nesting bird survey is recommended prior to vegetation clearing. Masse Environmental Consultants Ltd. 11 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment 6.3 Clearing of Vegetation The following measures should be implemented to protect vegetation within the SPEA: • Clearing of vegetation should be kept to the minimum possible area required for access, staging, construction works, and safety considerations. • The boundaries of the project site should be clearly marked before the crews arrive. All vegetation outside of these boundaries should be retained. 6.4 Concrete Management Concrete will likely be used in the construction of the cabin foundation. Fresh concrete and concrete laden water is caustic and toxic to aquatic organisms. The following precautions should be taken when handling concrete to ensure the protection of Kootenay Lake: • The proposed concrete work should be conducted well above the HWM. • Concrete waste should be collected and disposed of at an approved disposal site. • Washing of equipment used during concrete work should occur at a designated location at least 30 m away from Kootenay Lake where wash water will not drain directly into the lake. 6.5 Construction Waste Management All construction waste generated on site should be taken off site and re-used, recycled or disposed of accordingly. Construction personnel should be instructed to ensure the site is kept clean and to prevent litter from escaping the site. 6.6 Wildlife Management A proactive approach should be taken to avoid wildlife encounters and conflict during construction. The work site should be kept clean and tidy, so as not to attract wildlife, and all contractors working on site should be aware of potential wildlife issues, and strategies used to mitigate them. 6.7 Sediment Control Excavation during construction of the proposed cabin foundation carries the risk of erosion and sediment releases into Kootenay Lake. The following mitigation measures should be implemented to reduce the risk of sediment input to the Kootenay Lake: • Amount of soil disturbance and soil compaction should be kept to a minimum. • Stormwater runoff, if present, should be controlled and redirected away from exposed soils. • Stockpiles of soil should be located at least 30 m from Kootenay Lake and covered with tarps to prevent erosion and establishment of invasive weeds if they are left for greater than two months. Masse Environmental Consultants Ltd. 12 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment 7 MITIGATION PLAN Relative to other waterfront lands in Queen's Bay, the subject parcel is relatively undisturbed, consisting primarily of young Douglas fir forest. The only way to mitigate for the loss of riparian vegetation within the WDP/SPEA is to conduct replacement planting elsewhere on site. However, due to the small size of the parcel there is very little opportunity to fully offset the impacts of clearing this vegetation. Therefore, the most appropriate strategy to manage for the loss of riparian vegetation is to minimize the amount of vegetation lost within the SPEA, and to retain native trees and shrubs elsewhere on the property. Two strategies for vegetation retention are outlined below: 1. The number of trees removed during construction of the cabin should be minimized. Based on observations during our site visit, at least 3 young Douglas fir, and 12 Douglas fir saplings will be removed within the building footprint. An additional 19 young Douglas fir trees/saplings, and several shrubs may be removed immediately east of the cabin to allow for lakefront access and the installation of a water line. The width of the foreshore access trail, and extent of impermeable surfaces should be minimized within the SPEA (Fisheries and Oceans Canada 1992). In order to retain riparian function and habitat structure within the SPEA, the design and construction of lakefront access should aim to preserve native trees and shrubs whenever possible (Photo 10, Appendix 2). Trees which must be cut down should be left lying on the ground within the SPEA, as this LWD provides habitat for amphibians, small mammals, insects and arthropods. 2. The removal of trees and shrubs within the SPEA will involve a reduction in the amount of perching/nesting/foraging habitat for songbirds. This loss of riparian habitat should be mitigated for by the deliberate retention of wildlife features elsewhere on the property. The most obvious target for retention is the existing woody vegetation along the west side of the property. Whenever possible, native trees and shrubs that are removed to make room for development should be replaced by planting native trees and shrubs elsewhere on the property. Photo 10. Foreshore view of patches of Douglas fir which should be retained during development. Masse Environmental Consultants Ltd. 13 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment Detailed landscape plans which include these strategies for native vegetation retention and replacement should be developed concurrently with plans for construction of the cabin, water line, and septic system. 8 CONCLUSION Options for recreational development are limited by the small size of the subject parcel, and by the required setback of the septic system. Based on these constraints, the proposed building site is the only viable option for the development of a small cabin on this parcel. Development of a cabin will involve encroachment of at least 25 mz within the SPEA. Though few options exist to mitigate for the loss of riparian function through enhancement planting elsewhere on site, the impact of development should be minimized by limiting the amount of native vegetation removed in the SPEA, and by retaining native vegetation where possible throughout the remainder of the parcel. 9 CLOSURE I, Sylvie Masse, certify that I am qualified to carry out this assessment; and that the assessment methods under the Regulation have been followed; and that, in my professional opinion; (i) if the development is implemented as proposed, or (ii) if the streamside protection and enhancement areas identified in the report are protected from the development, and (iii) if the developer implements the measures identified in the report to protect the integrity of those areas from the effects of the development, then there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes in the riparian assessment area. Prepared by: Reviewed by: •""^^-^ Iraleigh Anderson, Env. Tech. Sylvie Masse, M.Sc., R-P.Bio. College of Applied Biology: R.P.Bio. #834 Masse Environmental Consultants Ltd. 14 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment 10 REFERENCES [BC] Province of British Columbia. 2015. Riparian Areas Regulation. Victoria, British Columbia, Canada. [CDC] Conservation Data Center. 2017. Species at risk tracking lists for the Kootenay Lake Forest District. Accessed; http://www.env.gov.bc.ca/cdc/. Cormano, A. and Schleppe, 1 2013. Kootenay Lake Foreshore Inventory and Mapping and Aquatic Habitat Index. Prepared for: Kootenay Lake Partnership & Fisheries and Oceans Canada. Fisheries and Oceans Canada. 1992. Land Development Guidelines for the Protection of Aquatic Habitat. httD://www.dfo-mDo.qc.ca/Librarv/165353,Ddf FireSmart. 2015. FireSmart Homeowner's Manual, httD://www2.aov.bc.ca/aov/content/industrv/forestrv/manaqina -our-forest- resources/wildfire- manaaement/Drevention/for-vour-home-communitv Highlands Consulting. 2017. Initial Septic Review of Lot 1 Plan NEP4230 District Lot 12075 Land District 26 Located at Queen's Bay, Nelson BC. Prepared for Jeff Ovens. Kipp, S. and Callaway, C. 2002. On the Living Edge. Your Handbook for Waterfront Living. [KLP] Ktunaxa Nation Council, Regional District of Central Kootenay, Ministry of Forests, Lands, and Natural Resource Operations, Ecoscape Environmental Consultants Ltd., Tipi Mountain Eco-Cultural Services Ltd. The Firelight Group Ltd., Wayne Choquette. 2017. Shoreline Management Guidelines - Kootenay Lake. Prepared for Kootenay Lake Partnership. [MOE] Ministry of Environment. 2014. Develop with Care. Province of British Columbia. Victoria, British Columbia, Canada. [MOE] Ministry of Environment. 2015. General BMPs and Standard Project Considerations. Victoria, British Columbia, Canada. [MOE] Ministry of Environment. 2016. Provincial Water Sustainability Act. Victoria, British Columbia, Canada. [MOE] Ministry of Environment. 1996. Tree Replacement Criteria. BC Environment. Lower Mainland Region. [MOE] Ministry of Environment. Habitat Wizard. 2017. Accessed: http://www.env.qov.bc.ca/habwiz/. Masse Environmental Consultants Ltd. 15 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment Perdue Geotechnical Services. 2017. Site Specific Setback Variance, Kootenay Lake, Lot 1, Plan NEP4230, District Lot 12075, Kootenay District. Prepared for Jeff Ovens. [RDCK] Regional District of Central Kootenays. 2013. Electoral Area 'E', Rural Official Community Plan Bylaw No. 2260, 2013. Masse Environmental Consultants Ltd. 16 Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment APPENDIX 1 LOCATION MAP 485,000 490,000 495,000 500,000 505,000 510,000 51CNfv10 Project Location Legend D Lakes (Mid Scale) ParksAndTenures f Park Recreation Site or Rese Wildlife Management Ai ^K6otenay\ Bay Eay j A.TI^/T ' Procter Sunshine Bay LOT 1, PLAN NEP4230, DISTRICT LOT 12075, KOOTENAY DISTRICT Riparian Assessment Date Plotted: 12/8/2017 202 Lakeside Drive 8 Nelson, BC 485,000 490,000 495,000 500,000 505,000 510,000 515,000 1-800-268-7325 http://www.rdck.ca 25,000.00 Meters 10cm This product is for Informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and 1 : 250,000.00 information sources to ascertain the usability of the information. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment APPENDIX 2 SETBACKS AND SUGGESTED RIPARIAN VEGETATION RETENTION AREAS Riparian Setbacks Legend Address Range Q Cadastre / Property Lines Floodplain/Flood Construction Legal Natural Boundary High Water Mark 15 m SPEA & LWD/Litter ZOS Approximate Cabin Footprint Riparian tree retention zone Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment 202 Lakeside Drive Nelson. BC 1-800-268-7325 http://www. rdck. ca This product is for informational purposes and may not have been 10cm 50.00 m Date Plotted: 12/6/2017 prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and 1 : 500.00 information sources to ascertain the usability of the information. Lot 1, Plan NEP 4230, District Lot 12075, Kootenay District - Riparian Assessment APPENDIX 3 HIGHLANDS CONSULTING CONCEPTUAL SEPTIC PLAN 2017 ALL LOCATIONS ARE APPROXIMATE IS BUED ON AMSI D (II'XM'} n'amssi' LOT 1 PLAN NEP4230 DISTRICT LOT 12075 LAND DISTRICT 26 COI;onsufnMO LTD QUEENS BAY SEPTIC ASSESSMENT JEFF OVENS s: son