History of Westcan Terminal Use and Development Satellite Images Google Earth 2004-2016 Prepared by Dr. Goetz Schuerholz Chair January 2018 1
Framework Conditions 40 years ago... This estuary appeared to be always well protected: by the Cowichan Estuary Environmental Management Plan and the Cowichan Estuary Environmental Management Committee; by inter-governmental agreements signed in recognition of the estuary s importance; CN turning all of its holdings over to the Crown preparing the way for the sustainable management of the estuary; and finally the award winning OCP for Area D. What happened to all the safety mechanisms put in place by wise people?
23 October 2004 Storage and shipment of lumber In compliance with Lease 103107 No signs of PIM and new buildings; no welding/ steel fabrication shop, no tents! Note: Intertidal Lease 103103 bordering Terminal to South-west abandoned, no inter-tidal log storage. This Lease should have been returned to MoE for habitat Management in accordance with CEEMP and agreements already in 1992. 3
According to Estuary Environmental Management Plan: ultimate goal to convert all leases to habitat management 1991 Agreement signed between BC Environment and BC Lands (it is) the ultimate intent of transferring all those portions no longer used for industrial purposes to BC Environment for estuary management and conservation. For years all forestry sector related activities disappeared from terminal area and surrounding leases. Until today 4
16 July 2005 Storage and shipment of lumber In compliance with Lease 103107 No signs of PIM and new buildings; no welding/steel fabrication shop, no tents! Note: Lease 103103 abandoned, no inter-tidal log storage 5
11 Oct 2006 No more storage and shipment of lumber First signs of PIM on both ends of Terminal Note: Lease 103103 abandoned, no inter-tidal log storage, but first tie-ups of structures by PIM (in non-compliance with Provisos 103103) 6
Articles and Provisos specified for Lease 103107 (PIM Operations) Article V: The Lessee (Tidal Harmony Holdings) shall not assign, mortgage, sublet, or transfer this lease without the prior written consent of the Lessor : PIM s Sub-lease was never approved/registered. IV 01 (d): To keep the land in a safe, clean and sanitary condition : by early 2016 the Terminal area Lease 103107 looked like a junk-yard. IV 01 (e): not to do anything that may be or become a nuisance or annoyance to the owners or occupiers of adjacent lands (e.g. noise, light, buildings etc.): meanwhile all three issues apply according to frequent complaints by Cowichan Bay residents. Special Proviso 1.2 (e): The Lessee shall not store bulk hazardous petroleum Products and other toxic substances Special Proviso 1.2 (e): not involve pile driving in the construction of improvements on lands : has happened repeatedly without approval. 7
9 Feb 2010 No more storage and shipment of lumber PIM constructs welding shop and expands operations on north end of Terminal Note: Lease 103103 abandoned, no inter-tidal log storage, but tie-ups of structures by PIM in non-compliance with Provisos 103103 8
CVRD I-3 marine bylaws do not permit: Manufacturing/fabrication of any kind as done by PIM on Terminal Area
12 May 2013 No more storage and shipment of lumber. PIM heavy constructions and expansion on both ends of Terminal; tents erected on north end, welding shop expanded on south end Note: Lease 103103 abandoned, no inter-tidal log storage, more tie-ups of structures and bulkhead constructed by PIM in noncompliance with Provisos 103103 10
Special Proviso 1.2 (e): not involve pile driving in the construction of improvements on lands 30 April 2014 no more storage and shipment of lumber. PIM heavy constructions and expansion on both ends of Terminal; tents erected on north end, welding shop expanded on south end Note: Lease 103103 abandoned, no inter-tidal log storage, still tie-ups of structures by PIM and bulkhead constructed in non-compliance with Provisos of 103103 11
6 July 2015 no more storage and shipment of lumber. PIM activities on both ends of Terminal same as 2013 Note: Lease 103103 abandoned, no inter-tidal log storage, still tie-ups of structures by PIM and bulkhead constructed in non-compliance with Provisos 103103 12
2017 no more storage and shipment of lumber. PIM activities on both ends of Terminal expanding Note: Lease 103103 abandoned, no inter-tidal log storage; still tie-ups of structures by PIM and bulkhead in non-compliance with Provisos 103103 Eelgrass field south-east of terminal clearly visible; Proposed to be converted to industrial use by rezoning application. 13
2004 Storage space north-west of Terminal 2010 Start of PIM operations north-west of Terminal 2012 PIM s tent structures appear without building permit 2016 14
PIM s Operations on Terminal Status early 2016 Lease 103107, Proviso: IV 01 (d): To keep the land in a safe, clean and sanitary condition. 15
PIM operation on Southern section of Terminal 2004 Tool shed 2006 Adding to structures 2010 PIM s welding 2010 shop and other buildings 2012 2012 16
2004: small workshop/storage shed for basic tools as specified by Lease 103107 2006: storage sheds added along access road to dock 2010: large welding shop added and auxiliary tent space 2014: auxiliary tent removed to clear space for shop expansion 2015/16: welding shop and auxiliary buildings doubled in size All structures built without permit and/or Environmental Impact Assessment as required by Lease 103107 for any additional building/activity on Terminal 2014 2017 PIM s shop 2016 size Doubled! Shop size doubled 17
Geo-referenced eelgrass distribution map in estuary ( 2018). The area highlighted in dark green (moderate distribution) coincides with that portion inter-tidal log storage Lease 103103 to be retained by re-zoning proponent to be converted for industrial manufacturing, posing a major threat to the only remaining eel grass area left in the Cowichan Estuary. 18
Official Community Plan Area D: Circled Area signifies ecologically most sensitive part of Estuary, containing all of the six Leases subject to re-zoning
Framework Conditions 2017 By 2017 increased knowledge about the value, importance, and sensitivity of estuaries; Increased level of environmental awareness; Climate change becoming big issue affecting economy and jobs; Approval of re-zoning application weakens past, present and future protection efforts!