sunshine coast regional district staff report

SUNSHINE COAST REGIONAL DISTRICT STAFF REPORT

TO: Planning and Community Development Committee – September 8, 2016 AUTHOR: Lesley-Ann Staats, Planner SUBJECT: CROWN REFERRAL 2411744 FOR COMMERCIAL RECREATION (SEA TO SKY AIR

LTD.) – ELECTORAL AREA B

RECOMMENDATIONS

THAT the report titled Crown Referral 2411744 for Commercial Recreation (Sea to Sky Air Ltd.) – Electoral Area B be received; AND THAT the SCRD send a letter with the report titled Crown Referral 2411744 for Commercial Recreation (Sea to Sky Air Ltd.) – Electoral Area B to the Ministry of Forests, Lands and Natural Resource Operations noting no objection to approval of Crown File 2411744 subject to the conditions outlined below:

1. A building permit and development permit will be required for the 120 ft² storage shed. No buildings may be located within 15 metres from Phantom Lake. All development within 30 metres of Phantom Lake requires a Development Permit in accordance with the provincial Riparian Areas Regulation. The Development Permit application fee is $500.

The Development Permit application must include a report completed by a Qualified Environmental Professional to determine the appropriate setback to the lake and the necessary measures to protect the Streamside Protection and Enhancement Area both during and after construction. A site plan must be submitted with the application for a Development Permit.

2. The proponent should be aware of safety considerations and possible impacts with the overlapping and neighbouring tenures in the vicinity.

3. The Halfmoon Bay Official Community Plan designates the application area as “Resource” which is land intended for resource use, conservation, and recreation. Policy 11.17 is to permit outdoor recreation within the Resource designation, which is compatible with this proposal.

4. The proponent should ensure invasive species are not introduced to the sensitive alpine lake ecosystem by implementing BC Invasive Species Council’s “Clean, Drain, Dry” program. Information can be found online: http://bcinvasives.ca/resources/programs/clean-drain-dry

5. The use of Phantom Lake and its surrounding area should continue to be available for other public users.

6. The SCRD does not provide any solid waste services (garbage or recycling) to the Phantom Lake area, however, encourages the proponent to follow the “leave no trace” principals.

ANNEX J

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Staff Report to Planning and Community Development Committee – September 8, 2016

Crown Referral 2411744 for Commercial Recreation of 5

2016-Sept-08 2411744 Report to PCD.docx

AND FURTHER THAT the recommendations from the Planning and Community Development Committee on Crown Referral 2411744 be forwarded to the September 8, 2016 Board meeting.

BACKGROUND

The Regional District received a referral from the Ministry of Forests, Lands and Natural Resource Operations requesting comments on Crown File 2411744 for a commercial recreation use in the Phantom Lake area. The commercial recreation use proposes to include stand up paddle board / canoe excursions on the lake, wilderness walks / hikes in the area around the lake, and overnight tent camping. Access to the lake would be via air transportation with a floatplane.

The purpose of this report is to provide the Planning and Community Development Committee with enough information to comment on the Crown referral. Figure 1 shows the location of Phantom Lake, circled in red. Table 1 provides a summary of the application.

Figure 1: Location of Phantom Lake

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Table 1: Application Summary

Proponent: Sea to Sky Air Ltd. Tenure Type: Licence Purpose: Commercial Recreation Legal Description: That parcel or tract of land in the vicinity of Phantom

Mountain, together with unsurveyed foreshore or land covered by water being part of the bed of Phantom Lake, Group1, New Westminster District.

Civic Address: N/A Electoral Area: Area B – Halfmoon Bay Size (Area) ha (approx): 227 ha +/- Schedule/Term Of Proposal: 10 to 30 Years Zoning: Phantom Lake – None; Upland RU2 OCP Land Use Designation: Resource Response Due: August 18, 2016

DISCUSSION

The proponent will operate seasonally, from spring thaw through to first frost (estimated June to October).

Analysis

One three passenger aircraft is available, and the proponent forecasts small excursions of two guests at a time plus a pilot. The aircraft will depart from Squamish.

This is the first tenure application for a float plant to land on Phantom Lake.

Activities on shore include: inflating stand-up paddle boards, walking / exploring, picnicking, sightseeing, camping, and possibly a 120 ft² storage shed.

The storage shed is intended to store stand up paddle boards, paddles, first aid supplies, and a survival kit.

A building permit and development permit will be required for the 120 ft² storage shed. No buildings may be located within 15 metres (50 feet) from Phantom Lake. Any development within 30 metres (100 feet) of Phantom Lake requires a Development Permit in accordance with the provincial Riparian Areas Regulation. The Development Permit application fee is $500.

The Development Permit application must include a report completed by a Qualified Environmental Professional to determine the appropriate setback to the lake and the necessary measures to protect the Streamside Protection and Enhancement Area both during and after construction. A site plan must be submitted with the application for a Development Permit.

Phantom Lake is not zoned. The land around the lake is zoned RU2, which permits a campground and a storage shed.

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Activities on water include: take-off / landing the float plane, parking the aircraft, stand-up paddle boarding, canoeing

A new trail from Squamish to Port Mellon travels over Pokosha pass, near Phantom Lake. The new trail may increase use of Phantom Lake by hikers and bikers.

The use of Phantom Lake, its surrounding area and campsites should continue to be available for public use.

The Halfmoon Bay Official Community Plan designates the application area as “Resource” which is land intended for resource use, conservation, and recreation. Policy 11.17 is to permit outdoor recreation within the Resource designation, which is compatible with this proposal.

The proponent should be aware of safety considerations with the overlapping or neighbouring tenures in the vicinity. It is understood that there are two commercial recreation tenures in the area – Blackcomb Helicopters and Black Tusk Helicopters – although neither have permission to land on Phantom Lake.

The Crown advised that overlapping commercial recreation tenure holders would require an agreement between the operating companies to ensure there are no conflicting uses.

The proponent should ensure invasive species are not introduced to the sensitive alpine lake ecosystem by implementing BC Invasive Species Council’s “Clean, Drain, Dry” program. Information can be found online here: http://bcinvasives.ca/resources/programs/clean-drain-dry

The SCRD does not provide any solid waste services (garbage or recycling) to the Phantom Lake area, however, encourages the proponent to follow the “leave no trace” principles.

The Crown should consider the cumulative impacts of multiple tenures on Phantom Lake’s pristine environment, and ensure these impacts are minimized.

Timeline for next steps or estimated completion date

The Crown extended the deadline to comment on this application to September 16, 2016. In order to meet this deadline, recommendations from the Planning and Community Development Committee should be forwarded to the September 8, 2016 Board meeting.

Consultation

The Ministry of Forests, Lands and Natural Resource Operations refers this application First Nations, Municipalities and Regional Districts within the application area. The proponent is responsible for advertising the application in a local paper, and staking the site to enable comments from the public.

The application was reviewed at the Area B Advisory Planning Commission (APC) on July 26, 2016. The following recommendation was made:

Recommendation No. 1

Regarding Crown Referral 2411744 for Commercial Recreation (Sea to Sky Air Ltd.) the APC recommends that this crown referral be denied for the following reasons:

1. It is not consistent with the Halfmoon Bay OCP mandate of protecting scenic values

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2. It is a natural treasure of British Columbia and should be maintained as natural for all to enjoy

3. It would facilitate the increase of traffic to this area and the APC objects to this

4. Our emphasis is on the conservation of present pristine condition of this area and the APC does not support the commercialization of this area nor the erection of structures to support this proposal

STRATEGIC PLAN AND RELATED POLICIES

N/A

CONCLUSION

The SCRD is requested to comment on a seasonal commercial recreation application in the Phantom Lake area submitted by Sea to Sky Air. The commercial recreation use proposes to include stand up paddle board / canoe excursions on the lake, wilderness walks / hikes in the area around the lake, and overnight tent camping.

Staff recommend sending a letter to the Ministry of Forests, Lands and Natural Resource Operations with no objection to the approval of this application subject to conditions such as building permit and development permit requirements, safety considerations, invasive species management, and ensuring that the area be maintained for public use.

Reviewed by: Senior Planner X – DR Finance Manager X – AA Legislative CAO X – JL Other

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Lesley-Ann Staats

From: [email protected]: July-19-16 3:32 PMTo: Lesley-Ann Staats; Autumn RuinatCc: Steven OlmsteadSubject: Province of BC Referral Request on an Adventure Tourism application

Sunshine Coast Regional District Autumn Ruinat, Lesley-Ann Staats Adventure Tourism/Commercial Recreation Referral Number: 85320375 - 001 Reference Number: Forests, Lands and Natural Resource Operations / 2411744 Request Sent: July 19, 2016 Response Due: August 18, 2016

You are invited to comment on the following Crown land application. A response is optional. If no response is received by the deadline, the application and adjudication process will move ahead.

The application is for an Extensive Use area over Phantom Lake and surrounding upland for the purpose of Adventure Tourism activities. Activities on the land and water would include paddle boarding/canoeing, wilderness walks/hikes and overnight tent camping. Access to the site will be mainly by water plane. The site will be used seasonally; from spring thaw to first frost (roughly June through to October). Proponent: Sea to Sky Air Ltd. Tenure Type: Licence Intended Land Use/background context: Commercial Recreation - Multi Use BCGS Mapsheet: 92G083 Legal Description: That parcel or tract of land in the vicinity of Phantom Mountain, together with unsurveyed foreshore or land covered by water being part of the bed of Phantom Lake, Group1, New Westminster District. Size (Area) in ha. (approx.): Schedule/Term Of Proposal:

Please Click Here to respond to this referral. You must be logged in using your BCeID account to view associated information. Note that forwarding or otherwise distributing this email will provide access to the associated information only if the receiver has a corresponding account. For "how-to" instructions on how to respond to this request, please visit http://www.frontcounterbc.gov.bc.ca/ereferrals.html for instructional videos. To obtain a BCeID, please visit https://www.bceid.ca/ For technical assistance with e-Referrals, please contact FrontCounter BC at 1-877-855-3222.

Attachment A

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For more information regarding this referral, please contact the "Email Coordinator" given within the referral. Note that it can take an extended period of time to connect from the BCeID login to the e-Referrals website, this is normal. Avoid re-clicking the "Next" button or you could extend this connection time.

Please do not reply to this email.

Bryanna Thiel

FrontCounter BC () -

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