REPORT ON NON-FARM USE WITHIN THE

Transcription

1 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON NON-FARM USE WITHIN THE AGRICULTURAL LAND RESERVE (ALR) FILE NO ALL MEMBERS PARTICIPATE OWNER: Reg & Velma Norman DATE: September 9, 2011 AREA: Electoral Area D LEGAL: NE¼ Section 29, Township 77, Range 17, W6M, PRD LOT SIZE: 64 ha (160 ac) LOCATION: Arras - Cutbank PROPOSAL To extract and process aggregate (gravel). RECOMMENDATION: OPTION 1 THAT the Regional Board support & authorize the application to proceed to the Agricultural Land Commission as the proposal is consistent with the OCP and Zoning bylaws. OPTIONS OPTION 1: THAT the Regional Board support & authorize the application to proceed to the Agricultural Land Commission as the proposal is consistent with the OCP and Zoning bylaws. OPTION 2: THAT the Regional Board refuse the application. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): Agriculture Rural Resource, By-law No. 477, 1986 ZONING: A-2 (Large Agricultural Holdings Zone), By-law No. 1343, 2001 AGRICULTURAL LAND RESERVE (ALR): Within BUILDING INSPECTION AREA: Outside SITE CONTEXT The subject property is about 26 km west of the City of Dawson Creek, and about 4 km off Highway 52N along located along 245 Road. This is an agricultural area of quarter-section sized parcels. There are some rural residential lots closer to Highway 97. The subject property is near the height of land, which slopes down northwestards to Tremblay Creek and down eastwards to highway 52. SITE FEATURES LAND: The northwestern half of the subject property is forested and the southeastern corner is cleared. STRUCTURES: None ACCESS: The subject property has road access to 245 Road. SOIL: FIRE: There are several CLI soil ratings on the subject property: Class 5T, 5C, and 4-5. Class 5 soils have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Class 4 soils have severe limitations that restrict the range of crops or require special conservation practices. Subclass T denotes limitations due to topography. Subclass C denotes limitations due to an adverse climate. Subclass X denotes a limitation resulting from the cumulative effect of two or more adverse characteristics. Subclass W denotes limitations due to excess water. Within Arras Rural Fire Protection Area. Page 1 of 5 Printed on: 09-Sep-11 3:30:32 PM Department Head CAO Report prepared by: Jodi MacLean, Land Use Planner

2 PREVIOUS APPLICATIONS SUBJECT PROPERTY None on File PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M None on File COMMENTS AND OBSERVATIONS OWNERS: ALR: OCP: ZONING: GRAVEL EXTRACTION WITHIN ALR: IMPACT ANALYSIS File No It is the intent of the landowner to continue extracting and processing gravel for use by Reg Norman Trucking Ltd. The subject property lies within the Agricultural Land Reserve. Therefore, Agricultural Land Commission approval is required. Note: Pursuant to the Agricultural Land Commission Act, an application may not be considered by the ALC unless the Regional Board authorizes the proposal to proceed to the ALC. This is intended to provide local governments with latitude to consider and weigh the local community interests of each application, in addition to its zoning and official community plan. Should the Regional District forward the application to the ALC, the information and recommendation offered by the Regional District is taken into consideration by the Commission but should not be construed as being binding on the Commission s opinions or decisions. The subject property is designated Agriculture Rural Resource within Dawson Creek Rural Area OCP Bylaw No. 477, This designation supports resource extraction and processing. Therefore, the proposal is consistent with the OCP. The subject property is designated as A-2 (Large Agricultural Holdings Zone) within PRRD Zoning Bylaw No. 1343, Within this zone gravel extraction and processing is a permitted use. Therefore, the proposal is consistent with the zoning bylaw. Gravel extraction within the Agricultural Land Reserve only requires a Notice of Intent application which is sent by the applicant directly to the Agricultural Land Commission. As such, Reg Norman Trucking Ltd. has been dealing directly with the ALC regarding the gravel extraction business. On the latest Notice of Intent application the ALC placed terms and conditions to the approval (attached to this report, dated August 8, 2011). The applicant would like a formal review of these terms and conditions which makes this Non-Farm Use application required. AGRICULTURE: Due to the subject property s small size and awkward shape, there would be no impact to its agricultural potential. CONTEXT: POPULATION: TRAFFIC: This is a low density area with several types of resource extraction (agriculture, gas wells, gravel). There are a couple of homesites closer to the intersection with the highway. NA The proposal involves gravel trucks travelling between the subject property and the highway, and specifically along the 245 Road. The pit has been operating there since the early-1980s and this proposal would see the pit, and associated traffic, continue for the next 10 years or more. Page 2 of 5

3 File No ALR SUBDIVISION REPORT MAPS FILE NO Dawson Creek Rural Area Official Community Plan 477, 1986 (Map #2) N Zoning Bylaw 1343, 2001 (Map B Index) N Page 3 of 5

4 File No ALR SUBDIVISION REPORT MAPS FILE NO Agricultural Land Reserve (Map #93P-078) N CLI-Soil Classification (Map #93P-09) N Page 4 of 5

5 File No ALR SUBDIVISION REPORT MAPS FILE NO Air Photo Page 5 of 5

6 APPLICATION BY LAND OWNER NOTE: The i,formation required by this form and the documents you provide with it are collected to process your applicatio,p..r F: CI, under the Agricultural Land Commission Act and regulation. This information will be availablefor review by any me,nberyfj(tê public. Ifyou have any questions about the collection or use of this information, contact the Agricultural Land C ommissiq1khdi - askfor the staffmember who will be handling your application. i ED ( SEP - U 20i TYPE OF APPLICATION (Check appropriate box) \ EXCLUSION SUBDIVISION in the ALR under Scc. 30(1) of the Agricultural Land Commission Act under Sec. 21(2) of the Agricultural Land Commission Act - INCLUSION under Sec. 17(3) of the Agricultural Land Commission Act Non-farm USE in the ALR under Sec. 20(3) of the Agricultural Land Commission Act APPLICANT Registered Ownr? L A4 IVo t p%m4 )Agent: N440 A dress:,. Address: 5rNM,4 3AW ni egek.. Postal Code V(_64 7 Tel. (home) 7$2-722 (work) Tel. Fax 7Z cgi Fax y n i s Postal Code LOCAL GOVERNMENT JURISDICTION (Indicate name ofregional District or Miiriiciality) LAND UNDER APPLICATION (Show land on plan or sketch) ivi t Title Number ih717 Size of Each Parcel (Ha.) Date of Purchase Month Year OWNERSHIP OR INTERESTS IN OTHER LANDS WITHIN THIS COMMUNITY (Show iiformation on plan or sketch) If you have interests in other lands within this community complete the following: Title Number(s): c4 oaa-c& xl z- L% ApationbyadOwer L f

7 -t4rf - J14i -4i -LjLAJ.t 4 jz 0 L. L L (: ad. I- - 1L 7A L PROPOSAL (Please describe and show on plan or sketch,) Application by a Land Owner Agent authorization (if using agent) Photographs (optional), Application fee payable to the Local Government Map or sketch showing proposal & adjacent uses Certificate of Title or Title Search Print Proof of Notice of Application *(See instructions).. )bj1, ZL 4 Please ensure the following documents are enclosed with your application: Date Signature ofowner or Agent Print Name Date Sign re ofowner or Agent Print Name Date.. SignaturOwner or Agent. Print Name J21d 7f 1 14 IV application in accordance with the Agricultural Land Commission Act and regulation. Furthermore, Iwe declare that accuracy of the information and documents provided. true and correct. Iwe understand that the Agricultural Land Commission will take the steps necessary to confirm the Iwe consent to the use of the information provided in the application and all supporting documents t process the the informatidn provided in thc application and all the supporting documents arc, to the best of myour knowledge, South ) 4 - East West 4-4 -AQ6 North,..4 i. USES ON ADJACENT LOTS (Show information on plan or sketch,) Q. a 4)1% Z it., 44-.i :%k LestinLIcs arcei(s) and dbc Iclis CURRENT USE OF LAN I) (Show informli7jnl on plan or sketch,) LL JjC(Li & zzl ii -_O zt-1 j L, i 4 i t-(.lf1.- &4Z

8 17th Reg Norman Trucking Ltd 0 TOPSOIL PEAT MOSS FILL DIRT EXCAVATING BACkCFILLING LIGHT CAT WORK GENERAL TRUCKING J A,e,E7T vf Fi? L aa1 Janet M. Bardgett Yours truly Dear Sirs; from this area. would not hinder our farming operation if the gravel was removed very poor growth and is not very suitable for farming. Therefore it Reg Norman Trucking Ltd. has been given full permission to remove The area where the gravel is contained is very rocky arid has a subject to your approval. sand, gravel and shale from the NE 14 of Sec R 17 W6M Arras, B.C. General Delivery Agriculture Land Commission Sept. 14, Phone: V1G 4B4 DAWSON CREEK, B.C Street. GRAVEL & SAND SHALE LAWNS PREPARED CULVERTS INSTALLED o DRIVEWAYS & PARKING LOTS auilt

9 SHOWING INDIVIDUAL OWNERSHIP PLAN MURPHY OIL COMPANY LTD. 4 RegnaId Thomas Norman &Yelrna Jean Norman as Owner and Murphy Oil Company Ltd. as Company. day s ec NE 14 PROPOSED 20 x 605m± PERMANENT ACCESS LEASE EXTENSiON,\.ç made 60x 140m 7, Ak 11% a a I a a a RW P Wellslte MURPHY HZ SUNDOWN Al Ref Plan EPP Weilsite Ref Plan L Huror RWP a I Reserve S a Murphy Pipellnc RW Plan 11 1 C I Land I Murpl f.4 PEACE RIVER DISTRICT IN NE 14 Sec 29, Tp 77, R 17, W6M WELLSITE & ACCESS Sec 28 NW 14 Aftached to and made part of a Lease doted th3s of. 20_, between Schedule A Pageof_

10 ., NE (ALR shaded green) I ) h

11 BC. REcEiVED Tel Burnaby, British Columbia V5G 4K6 A Canada Way Agricultural Land CommLssion ii icit noid that a portion of this property has been operated as a gravel extraction operation previously under Resolution This No! is intended to replace that approval Based on the above, please be advised that your project may proceed subject to the attached,...-j + applicants there is only 20 cm of topsoil, then clay and shale before the gravel layer. The property is owned by Reginald and Jean Norman. The owners have appointed Neal Norman to act as their agent in this regard. The area of the proposed pit is 28 ha. While no volume calculation appears in the No!, the volume estimated from multiplying the The proposed duration of the extraction project is 10 years or more. The proposed reclamation measures include returning the land to pasture according to the approximately 1.7 to 2.3 million cubic metres. area proposed for extraction (28 ha), by the average depth of extraction (6-8 m) is The type of material proposed to be extracted is aggregate (gravel). Previous consideration for extraction from this property was conditionally approved by SCA file and Resolution # following about the proposed extraction: As described in the NOl and accompanying documents, the Commission understands the the above described property. This letter is in response to the Notice of Intent (NOl) that was received at this office regarding NE 1 Section 29, Twp 77, Rge 17 W6M Peace River District PlO: Property Re: Notice of Intent to extract aqaregate from the ALR Dear Sir: VIG 4B4 Dawson Creek, BC I 7th Street Neal Norman File: #52291 August 8, 2011 Reply to the attention of Gordon Bednard Pagelof5

12 Page2of5 File #52291 as the prior approval was granted under an enactment (the Soil Conservation Act) which is no longer in effect. Please be further advised that with this authorization, stands the requirement to comply with all applicable Acts, regulations, bylaws of local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment. Yours truly, PROVINCIAL AGRICULTURAL LAND COMMISSION Richard Bullock, Chair cc: Reg and Jean Norman P0 Box 660, Dawson Creek BC VIG 4H7 Peace River Regional District Ministry of Energy, Mines and Petroleum Resources Prince George End: Terms and Conditions Sample letter of credit Map of extraction area

13 Page3of5 File #52291 TERMS AND CONDITIONS. 1. That the aggregate extraction and gravel pit related activities be restricted to a maximum of 2 ha of open area at any one time, within the 28 ha proposed extraction area as shown on the attached plan. 2. That the aggregate extraction project, including reclamation activities, proceed towards completion following a progressive extractionreclamation strategy. The initial 2 ha area must be substantially reclaimed (leveled, topsoil replaced and seeded to appropriate grass species) prior to a new 2 ha area being opened. 3. Immediate submission of a report from a Qualified Registered Professional (QRP) which reviews and reports on the extraction and reclamation activities past and presently underway on this property. 4. That total aggregate extraction shall be limited in depth to achieve the finished grade elevations as proposed and identified on transects submitted with the Notice and prepared by Tryon Associates, unless these depths intersect the local water table. In this case, the maximum depth must remain at least 2 metres above the water table. 5. That, under the direction of a qualified registered professional, all existing topsoil on the authorized site shall be stripped and salvaged for future soil reclamation purposes. Salvaged topsoil shah not be removed from the property. 6. Unauthorized fill material shall not be placed on the aggregate extraction site. 7. That appropriate weed control must be practiced on all disturbed areas. 8. That all soil stockpiles shall be seeded and established to an appropriate plant cover, or other suitable soil erosion control measure shall be applied to protect the stockpiles from wind, runoff or other removal process. Protection is also to extend to damage which may be caused by recreational vehicles such as motorcycles etc. 9. That the access and egress of all vehicle traffic associated with the aggregate extraction, and other related gravel pit activities, be restricted to the access point show on the plans which accompanied the proposal. 10. That dust suppression practices, andor restrictions on gravel pit vehicle traffic be applied when necessary to minimize air-borne dust from traffic on the access road and thereby potential negative impacts resulting from the dust on neighbouring properties. 11. That the soils within a 10 m distance from any adjacent property shall be left undisturbed. 12. That an annual report prepared by a qualified registered professional be submitted to update the Commission on the progress of the phased extraction and reclamation. 13. That a final report prepared by a qualified registered professional be submitted to the Commission upon completion of the project. The final report must include a written description of the completed project, photos of the site, and evidence that the reclamation has been completed.

14 Page4of5 File # That approval for the proposed gravel extraction project, including all reclamation activities, is granted for a 5 year period, ending August 31, Should you wish to be granted an extension on the project beyond this date, a request shall be submitted to the Commission prior to June 30, The request shall include a status report regarding the project and the extent of soil reclamation achieved on the aggregate extraction site. Approval of an extension will be dependent on the extent of reclamation and operation of the extraction area within the conditions of approval. 15. That to ensure the successful reclamation of the site, a financial security in the amount of $30, must be posted with the Minister of Finance, in favour of the Provincial Agricultural Land Commission (see attached example of Letter of Credit). Release of the bond will be dependent on receipt of evidence that soil reclamation is achieved on the aggregate extraction site to a standard deemed satisfactory by the Commission. In this regard, the Commission shall take into consideration the assessment and final report that is prepared by a qualified registered professional and submitted to this office in fulfillment of condition #13 above. Please note that as a consequence of posting a reclamation security with the Commission, the Ministry of Energy and Mines, at its discretion, may elect to waive further reclamation bonding for this project. 16. Approval for extraction is granted for the sole benefit of the applicant and is non-transferable without written approval of the Commission. Should ownership of the property change andor the operator of the pit, please inform the Commission in writing. Please advise this office, by signing and returning one copy of conditions, whether or not you intend to extraction on the above Should you not agree to restrictions as set out in the above terms and conditions, the option of submitting a formal Non-Farm Use application to the Commission is available. Should an application be made, please be advised that the Commission has the authority to grant an approval, with or without conditions, or deny the proposal. The application process is initiated by submitting the required forms and paying the requisite fee ($600) to the local government (Peace River Regional District). proceed with the aggregate these proposal basis. I, agree to the above terms and conditions and intend to (print name here) proceed with extraction as outlined above. Signature of owner and operator

15 Letter of Credit - Burnaby, BC V5G 4K6 # Canada Way do Provincial Agricultural Land Commission BENEFICIARY: Minister of Finance Example 10. We engage to honour presentatibns submitted within the terms and conditions indicate above. date hereof unless at least 30 days prior to the present or any future expiration date, we any additional period. notify you in writing, that we elect not to consider this letter of credit to be renewable for extended without amendment from year to year from the present or any future expiration (Name ofindividual or Company) (Street Address and or Legal Description) 1. Expiry Date: (Name offinancial Institution) It is a condition of this letter of credit that it shall be deemed to be automatically 9. Mandatory Condition: 8. Any drawings made under this letter of credit must be accompanied by the original of this credit. who will then instruct us accordingly. 7. Request for any amendment except reduction in amount must be made directly to our customer or by formal notice in writing received by us from you that you desire such reduction. amount of this credit may be reduced from time to time only by the amount drawn upon it by you void after the expiry date whether or not the original credit is returned to us for cancellation. The 6. This Credit is irrevocable up to the expiry date and unless it is extended in writing will be null and 5. This Letter of Credit is irrevocable up to the expiry date. right to make demand on this Letter of Credit. 4. The BankCredit Union will not inquire as to whether or not the Agricultural Land Commission has 3. Partial drawings are permitted. 2. Drawings are to be made in writing to TERMS AND CONDITIONS: $ intheaccountof We hereby issue in your favour our Irrevocable Letter of Credit # for CAD Re: ALC Application # File #52291 Page5of5

16 File #52219 Area Approved for Aggregate Extraction (28 ha) V N N , N 5,. lope N, 000 l7!n S I... I C q 3#00.o Twp 78 Rge NE 14 Section 29 2 i.-., S N.. I 1 I -- - Saêty,Berm I Strippings Pile 4. :_ i! =- 592m ,0 _ -_ _ g g6+oa N % N I N * 0f : N i MURPHY.