CERCA Opposes Re-zoning
Why CERCA Fights Re-zoning Application by Tidal Harmony Holdings
Lease Subject to Re-zoning:
The following six Leases are subject to the re-zoning application (Map ID numbers of Leases issued by the Lands Department of FLNRO)
1405503 Causeway (0.96 ha);1405504 log handling/storage, north of causeway (19.9 ha);1405505 Light industrial, along causeway (2ha);1405506 Commercial wharf and "Falt Towing" lease (15.7ha);1405507 Commercial wharf, former lumber storage (10 ha);1405515 Light industrial, along mid-causeway (6.5 ha).
All six leases are officially registered in the name of Tidal Harmony Holdings which allegedly has been incorporated by Western Stevedoring.
Pacific Industrial Marine (PIM) operates on the Terminal under an un-registered, and un-approved sub-lease from Western Stevedoring (WS). According to the Provisos of the corresponding leases any sub-lease has to be submitted to and approved by the Cowichan Estuary Environmental Management Committee (CEEMC), which to our knowledge never has happened with the "sub-lease" issued by WS to PIM.
PIM occupies most of the Terminal area for its metal and concrete related manufacturing projects. The lease on which most PIM operations are taking place and all other Leases subject to the re-zoning application are allocated to lumber storage and shipment. PIM appears to be the only operator on the Terminal at present, working at a metal shop located at the south-eastern corner of the terminal and two large (un-authorized) tent structures at the opposite graveled side of the terminal area (north-west corner).
Background on Re-zoning Application
Allegedly a recent complaint about PIM operations which are not in compliance with the bylaws of the Cowichan Valley Regional District (CVRD) triggered an investigation which confirmed that manufacturing activities by PIM do not comply with existing CVRD bylaws for the "marine industrial" zone (CVRD Area-D zoned I-3) which does not allow manufacturing/fabrication.
This prompted Tidal Harmony Holdings to apply for the re-zoning in order to continue with activities currently not in compliance.
In case the re-zoning application is approved options for industrial use may increase dramatically. There is no doubt that a change of bylaws allowing manufacturing would set us back decades, It would not be compatible with the stipulations of the Official Community Plan (OCP) for Area D nor the Cowichan Estuary Environmental Management Plan which both share a vision for the estuary allocated to conservation management and tourism, a vision fully supported by Cowichan Bay residents and constituents of Electoral Area D (as reflected by the OCP from 2012), proven also by the results of a perception poll carried out jointly by CERCA and UVIC in 2013.
Environmental and Other Concerns:
Any industrial operation that is not in compliance with CVRD bylaws and/or Crown Lease covenants should never have been permitted on the Westcan terminal area in the first place.
The CVRD never enforced bylaws on this site in-spite complaints by constituents in the past.
There is no fresh water source on terminal, all water has to be trucked in.
There appears to be no proper sewage disposal system on terminal. Allegedly all sewage is trucked out.
Contaminated run-off from the gravelled section of the Terminal appears to enter the estuary un-filtered. This is due to the lack of water catchment facilities on this south-western section of the terminal where PIM's major construction activities and sand-blasting take place.
Increasing use of concrete used for concrete docks adds to the potential of pollution of the terminal, most important the dock area where concrete is being poured.
Large amounts of old creosoted wood, styrofoam and scrap metal on the area pose an environmental hazard, especially on the gravel part of the terminal where run-off enters the estuary un-controlled.
The Terminal is located in the middle of a residential zone. The current use is not compatible with a residential area. The noise level and light pollution resulting from the metal shop has been a continuous point of contention with residents from Cowichan Village and residents along Khenipsen road.
The already heavy traffic related to the Westcan operations, especially heavy truck traffic, is expected to increase with up-scaling current use.
Industrial activities in a designated ecologically highly sensitive zone (see OCP) is not compatible with the conservation objectives and tourism development strategies for Cowichan Bay.
Estuaries as the most valuable ecosystems on earth should not accommodate industry, especially in the light of suitable space being available within the CVRD and North Cowichan designated industrial sites.
The current operator PIM could move his operations to a properly zoned site away from the estuary without any loss of jobs and under much better environmental framework conditions.
Current benefits to the CVRD and its constituents related to the six Crown Leases and their operators are very low.
The inter-tidal lease 103103 is currently being used by Westcan operators inter alia to launch structures, operate motor boats, anchor docks to the shoreline etc. in non-compliance with the 103103 Lease covenants. Lease 103103 has been allocated to inter-tidal log-storage which ceased to exist more than 20 years ago when the Lessee (McMillan Bloedell) stopped working in the estuary. This lease should have been re-zoned for conservation management in accordance with the stipulations by the CEEMP which specifies that "... all abandoned leases in the estuary should be re-zoned for conservation management". Lease 103103 constitutes the only area in the estuary accommodating eelgrass; any disturbance to the eelgrass field should be avoided.
Structures built on the terminal are launched from the de-commissioned dock facilities. This dock has turned into a liability, posing an environmental and safety hazard. Parts of the asphalt and concrete deck of the disintegrating dock continue to fall into the estuary.
Application Process:
Applications for land use change and re-zoning within the CVRD have first to be submitted for review to the CVRD Planning Department.
On review of the application the Planning Department produces a report with recommendations submitted to the CVRD Electoral Areas Services Committee. Of the 15 CVRD Board members the 9 Area Directors of the Committee have voting power on applications for changes to land use and re-zoning proposals.
The report and recommendations by the CVRD Area Directors is subject to a public hearing.
If approved the application will then be submitted to the Cowichan Estuary Environmental Management Committee (CEEMC).
If approved the proposal is subject to a referral process prior to submission to the Minister of Environment. As part of the referral process the application needs approval by Cowichan Tribes who are also represented on the CEEMC.
CVRD Bylaw for Part Eleven: Marine Industrial Zones
11.1 I-3 - Transportation-Based Industrial (all area subject to re-zoning application is currently zone I-3)
a) Permitted Use
The following uses and no others are permitted in an I-3 Zone:(1) Terminal facilities for automobile, truck and rail transportation of goods, materials and people, including storage facilities; and(2) Petroleum terminal facility, including storage facilities but excluding liquefied natural gas ( bylaw especially issued for the Arbutus Ridge Esso Bulk Storage Plant ?)(3) One single family dwelling per parcel, accessory to a principle use permitted in Section 11.1 (a) (1) and (2).(b) Conditional UseIn an I-3 Zone:(1) The parcel coverage shall not exceed 20 percent for all buildings and structures.(2) The height of all buildings and structures shall not exceed 15.0 metres.(3) Buildings and structures shall be located not less than 30 metres from all parcel lines.
Conclusions and Recommendations
Prior to entertaining any possible re-zoning consideration a comprehensive situation analysis and Environmental Impact Assessment (EIA) should be manadatory. Based on a comprehensive assessment of the status quo of the terminal area and other Leases subject to re-zoning, a full EIA would be an essential requirement prior to any expansion proposal. The EIA has to provide quantifyable and qualifyable answers to numerous open questions, taking into account environmental, ecological, socio-cultural and economic factors into consideration.
How much water is currently being used on the Terminal and how is the water being supplied?
How much grey and contaminated water is produced on the tarmac- and graveled portions of the Terminal, how is it collected and processed?
What are the safety mechanisms in place (if any) to prevent contaminated water draining into the estuary and soil respectively?
Have any soil samples ever been taken on the graveled portion of the estuary?
Has any substrate/soil sampling ever been carried out at the perimeter and beaches bordering the Terminal?
Quantify and qualify impacts of contaminated water on the estuarine flora and fauna.
Is any additional hard cover (sealed soil surface) planned for the Terminal area?
How will the structures manufactured/fabricated on the Terminal be transported/launched; and which impacts (environmental, social etc.) to expect from this ?
Quantify and qualify expected increase in noise levels, air and light pollution (night-sky) and what are mitigation opportunities for current pollution?
Assess perception of Cowichan Bay residents on re-zoning and up-scaling industrial activities on the Terminal required to receive a social permit for any change in bylaws (quantitative and qualitative assessment on a household level).
What are the benefits to the CVRD and constituents through increased industrial activities on the Terminal?
How does up-scaling industrial activities in the center of a highly sensitive area comply with stipulations and long-term vision of the OCP and CEEMP?
The area at issue is flagged by the OCP as the ecologically most sensitive part of the estuary, accommodating red-listed species.