december 8, 2016 alc file: 54521 richard haworth€¦ · december 8, 2016 alc file: 54521 . richard...

December 8, 2016 ALC File: 54521 Richard Haworth Haworth Development Consulting Ltd. PO Box 223, 926 - 7th Avenue, Suite 203 Invermere, BC V0A 1K0 Dear Mr. Haworth: Re: Application to Construct a Recreational Trail in the Agricultural Land Reserve (ALR) Please find attached the Reasons for Decision of the Agricultural Land Commission (Resolution #427/2016) as it relates to the above noted application. As agent, it is your responsibility to notify your clients accordingly. A sketch plan depicting the decision has been attached. Reconsideration of a Decision as Directed by the ALC Chair Please note that pursuant to s. 33.1 of the Agricultural Land Commission Act, the Chair may direct the executive committee to reconsider any panel decision if, within 60 days from the date of this decision, he considers that the decision may not fulfill the purposes of the commission as set out in s. 6, or does not adequately take into consideration s. 4.3. You will be notified in writing if the Executive Committee is directed to reconsider your decision. The Commission advises you to take this 60 day period into consideration prior to proceeding with any actions upon this decision. Reconsideration of a Decision by an Affected Person We draw your attention to s. 33(1) of the Agricultural Land Commission Act which provides a person affected the opportunity to submit a request for reconsideration. 33(1) On the written request of a person affected or on the commission's own initiative, the

commission may reconsider a decision of the commission under this Act and may confirm, reverse or vary it if the commission determines that:

(a) evidence not available at the time of the original decision has become available, (b) all or part of the original decision was based on evidence that was in error or was

false. For further clarity, s. 33.1and s. 33(1) are separate and independent sections of the Agricultural Land Commission Act. Further correspondence with respect to this application is to be directed to Riccardo Peggi at ([email protected]).

http://www.bclaws.ca/Recon/document/ID/freeside/00_02036_01#section33.1

http://www.bclaws.ca/Recon/document/ID/freeside/00_02036_01#section33

of 2

Yours truly, PROVINCIAL AGRICULTURAL LAND COMMISSION Riccardo Peggi, Land Use Planner Enclosures: Reasons for Decision (Resolution #427/2016) Sketch plan Westside Legacy Trail, Revision 09, dated April 6, 2016, prepared by WSP

“Appendix B: Fencing Schedule” from Westside Legacy Trail, Revision 08, Dated January 5, 2016, prepared by WSP

54521d1

of 13

AGRICULTURAL LAND COMMISSION FILE 54521

REASONS FOR DECISION OF THE KOOTENAY PANEL

Application submitted pursuant to s. 6 of BC Regulation 171/2002 (ALR Use, Subdivision and Procedure Regulation) Applicant: Columbia Valley Greenways

Trail Alliance (the “Applicant”) Agent: Richard Haworth Haworth Development

Consulting Ltd. (the “Agent”)

Application before the Kootenay Regional Panel: Sharon Mielnichuk, Panel Chair Harvey Bombardier Ian Knudsen

RPEGGI

Typewritten Text

RPEGGI

Typewritten Text

Agricultural Land Commission Decision, ALC File 54521

Page 2 of 13

THE APPLICATION

[1] The legal descriptions of the properties involved in the application are:

Property 1

Parcel Identifier: 028-061-829

Lot 2, District Lot 347, Kootenay District Plan NEP89808

Area: 33.3 ha

Property 2


Sublot 2, District Lot 347, Kootenay District Plan X11, Except Part Shown Outlined

In Pink On Plan 1203 And That Part In Plan 11130

Area: 225.6 ha

Property 3


Sublot 5, District Lot 347, Kootenay District Plan X11, Except:

(1) Part Outlined Pink On Plan 1203

(2) The Severed Part Between The Land Taken For Right Of Way And The Waters

Of Windermere Lake Containing 2.54 Acres More Or Less As Shown On Plan 1203

(See 3103I)

(3) Plan 11130

Area: 137.9 ha

Property 4


Sublot 7, District Lot 347, Kootenay District Plan X11, Except:

(1) Part Outlined Pink On Plan 1203

(2) The Severed Part Between The Land Taken For Right Of Way And The Waters

Of Windermere Lake Containing 2.54 Acres More Or Less As Shown On Plan 1203

(See 31031)


Page 3 of 13

(3) Plan 11130

Area: 143 ha

Property 5


That Part Of Sublot 163D, District Lot 4596, Kootenay District Plan X32, Which Lies

To The North and West Of The Portion Of The Said Sublot, Shown Outlined On

Plan 1459, Except Parcel A (Explanatory Plan 152381), And Parts In Plans 5291,

11931, 12110, 11130, And NEP69868

Area: 685.9 ha

Property 6


Lot 2, District Lot 21, Kootenay District Plan NEP82227

Area: 1.8 ha

Property 7


Parcel A (Explanatory Plan 15238I), Sublot 163D, District Lot 4596, Kootenay

District Plan X32, Except That Part In Plan 12110

Area: 55.3 ha

Property 8


Sublot 16, District Lot 4596, Kootenay District Plan X32, Except That Part In Plan

12110

Area: 46.1 ha


Page 4 of 13

Property 9


Parcel C (See 98151), District Lot 346, Kootenay District Plan X19, Except: (1)

Parcel 1 (Explanatory Plan 15236I), (2) Plans 11325, 11385, And NEP84548

Area: 52.6 ha

Property 10


Lot A, District Lot 346, Kootenay District Plan 11385

Area: 1.2 ha

Property 11


Lot 1, District Lots 346 And 4596, Kootenay District Plan 1459, Except Statutory

Right Of Way Plans 11931, 12110, And NEP84548

Area: 1103.5 ha

Property 12


District Lot 52, Kootenay District Except:

(1) Right Of Way Plan 1203

(2) Parcel A (Reference Plan 1015031)

(3) Plans 17112, 1773, NEP20036, And R320

Area: 46.4 ha

Property 13


Lot 3, District Lot 290, Kootenay District Plan 6050, Except Statutory Right Of Way

Plan 11931

Area: 41.2 ha


Page 5 of 13

Property 14


Lot A, District Lots 346 And 4596, Kootenay District Plan NEP84548

Area: 276.6 ha

Property 15


Part Of Sublot 163D, District Lot 4596, Kootenay District Plan X32, Which Lies To

The South And East Of the PIN Of The Said Sublot Shown Only In Red On Plan

1459, Except:

(1) The Right Of Way Shown Outlined In Pink On Plan 1203

(2) The Severed Portion Of The Said Sublot, Lying Between The Said

Right-Of-Way And The Columbia River, As Deliniated Aand Shown On

Plan 1203 And Containing 0.10 Acres, More Or Less

(3) Part Included in RW Plan 7323

(4) Part Included in SRW Plan 11931, And

(5) Plan EPP57034

Area: 3851.7 ha

(collectively the “Properties”)

[2] The Properties are generally described as being located between Invermere and Fairmont

Hot Springs, along Westside Road.

[3] The Properties are located within a designated agricultural land reserve (“ALR”) as defined

in s. 1 of the Agricultural Land Commission Act (the “ALCA”).

[4] The Properties are located within Zone 2 as defined in s. 4.2 of the ALCA.

[5] Pursuant to s. 6 of the BC Regulation 171/2002 (Agricultural Land Reserve Use, Subdivision

and Procedure Regulation (the “Regulation”), the Applicants are applying to construct a non-

motorized multi-use recreational trail called the Westside Legacy Trail (the “Trail”) between


Page 6 of 13

the communities of Invermere and Fairmont Hot Springs. The Trail is proposed to be

approximately 25 km long with a three meter paved width, located within a 12 meter right-of-

way (ROW). The trail will follow an existing ROW for the majority of the alignment, but will

required new ROW to be dedicated as well. The Trail will impact approximately 4.5 ha of

land within the ALR. The Trail is to be constructed on private land, Crown land and within

Ministry of Transportation and Infrastructure (MOTI) ROWs (the “Proposal”). The Proposal

along with supporting documentation is collectively the “Application”.

RELEVANT STATUTORY PROVISIONS

[6] The Application was made pursuant to s. 6 of BC Regulation 171/2002 Agricultural Land

Reserve Use, Subdivision and Procedure Regulation (the “Regulation”):

6 Unless permitted under sections 2 and 3, a person must file an application under section

34 (6) of the Act directly with the office of the commission and in a form acceptable to the

commission for any of the following uses:

(a) widening of an existing road right of way;

(b) construction of a road within an existing right of way;

(c) dedication of a right of way or construction of any of the following:

(i) a new or existing road or railway;

(ii) a new or existing recreational trail;

(iii) a utility corridor use;

(iv) a sewer or water line other than for ancillary utility connections;

(v) a forest service road under the Forest Act;

(d) the new use of an existing right of way for a recreational trail.

[7] The Panel considered the Application pursuant to its mandate in s. 4.3 of the ALCA:

4.3 When exercising a power under this Act in relation to land located in Zone 2, the

commission must consider all of the following, in descending order of priority:

(a) the purposes of the commission set out in section 6;

(b) economic, cultural and social values;

http://www.bclaws.ca/civix/document/id/complete/statreg/96157_00


Page 7 of 13

(c) regional and community planning objectives;

(d) other prescribed considerations.

[8] The purposes of the Commission set out in s. 6 are as follows:

6 The following are the purposes of the commission:

(a) to preserve agricultural land;

(b) to encourage farming on agricultural land in collaboration with other communities of

interest; and

(c) to encourage local governments, first nations, the government and its agents to

enable and accommodate farm use of agricultural land and uses compatible with

agriculture in their plans, bylaws and policies.

EVIDENTIARY RECORD BEFORE THE PANEL

[9] The Panel considered the following evidence:

1. The Application

2. Local government documents

3. Evidence from any third parties of which disclosure was made to the Applicants

4. Agricultural capability map, ALR context map, and satellite imagery

All documentation noted above was disclosed to the Agent in advance of this decision.

SITE VISIT

[10] On September 21, 2016, the Panel conducted a walk-around site visit in accordance with

the Policy Regarding Site Visits in Applications (the “Site Visit”).

[11] A site visit report was prepared in accordance with the Policy Regarding Site Visits in

Applications and was provided to the Agent on October 3, 2016 (the “Site Visit Report”).


Page 8 of 13

FINDINGS

Section 4.3(a) and Section 6 of the ALCA: First priority to agriculture

[12] In assessing agricultural capability, the Panel referred in part to agricultural capability

mapping and ratings. The ratings are identified using the Canada Land Inventory (CLI), ‘Soil

Capability Classification for Agriculture’ system. The improved agricultural capability ratings

identified on CLI map sheets 82K/08 and 82J/05 for the mapping units bisected by the trail

are Class 2, Class 3, Class 4, Class 5 and Class 6.

Class 2 - land is capable of producing a wide range of crops. Minor restrictions of soil or climate may reduce capability but pose no major difficulties in management. Class 3 - land is capable of producing a fairly wide range of crops under good management practices. Soil and/or climate limitations are somewhat restrictive. Class 4 - land is capable of a restricted range of crops. Soil and climate conditions require special management considerations. Class 5 - land is capable of production of cultivated perennial forage crops and specially adapted crops. Soil and/or climate conditions severely limit capability. Class 6 - land is important in its natural state as grazing land. These lands cannot be cultivated due to soil and/or climate limitations. The limiting subclasses associated with the land where the trail is intended to be located are

M (moisture deficiency), P (stoniness), T (topographic limitations), F (low fertility), W (excess

water) and X (combination of soil factors).

[13] The Panel reviewed the CLI ratings and find that the area that the Trail runs through

contains a multitude of agricultural capabilities, and that the surrounding area is

predominantly used for cattle grazing.

[14] As a requirement for applications submitted pursuant to s. 6 of the Regulation, an

applicant must notify the registered landowner, of which a trail would directly impact, to

advise of the intention to submit an application to the ALC for a recreation trail. The Panel


Page 9 of 13

did not receive any comments from the affected landowners subsequent to the Applicants’

notification.

[15] In certain circumstances, the operator of an agricultural activity on a parcel of land in the

ALR may not necessarily be the landowner. In this case, the Panel believed it would be

prudent to contact the ranchers who hold grazing leases on some of the Properties in

addition to the notification to landowners already completed by the Agent. The Panel

requested comments from ranchers with grazing leases regarding the Trail and any potential

implications the trail may have on their operations. The Panel received one letter from a

rancher who holds a lease on one of the Properties and the comments received indicated

that the trail would not negatively impact their agricultural interests.

[16] The Panel finds the Applicant and Agent have sufficiently consulted landowners and

agricultural operators in the area by holding a public information meeting. The Panel has not

received any letters of opposition to the Proposal and therefore are not aware of any

landowners or agricultural operators in the area which are opposed to the Trail.

[17] Once the Trail has been constructed, the Regional District of East Kootenay (RDEK)

has agreed to accept the responsibility of operation and maintenance of the Trail as part

of its Regional Park service. In a March 11, 2016 letter to the Applicant, the RDEK stated

that it has amended its bylaws and plans in order to facilitate the trail use. Further to this,

RDEK states that they have sought permission to align the ROW over private lands

where necessary and within the MOTI’s ROW along Westside Road. The Panel finds

that the agreement of the RDEK to accept responsibility for operations and maintenance

will result in the long-term maintenance of the Trail. Further, the agreement from the

RDEK to hold liability for users of the Trail will alleviate liability from agricultural

producers who run cattle alongside the Trail.

[18] The Panel understands that trails in an agricultural area can provide an opportunity for trail

users to experience and appreciate their surrounding agricultural community, however, the

enjoyment of trail users cannot be at the expense of, or disruption to, agricultural operations.

The considerable length of the Trail through the ALR is inherent with potential issues of


Page 10 of 13

trespass, harassment of livestock, access for farm machinery, invasive plants, liability, litter,

vandalism, and privacy. In order to address some of the potential negative impacts of the

Trail on the surround agricultural lands, the Application provided the following comments:

- A significant portion of the trail is located within the existing highway ROW. Where it

travels onto private lands the trail is located as close to the existing property line of

the highway as possible given topographic constraints. This ensures that very little

agricultural land is alienated as a result of the construction of this trail.

- The trail will be fenced to ensure that conflicts with grazing cattle are avoided.

- The trail will maintain a narrow treed right of way to ditch line edges where possible

to maintain a wilderness setting.

- Water management features, including ditch lines, culverts and open bottom

structures on fish bearing streams.

- Interpretive signage will be installed at key learning locations to enhance the visitor

experience (i.e. grassland interpretive signage, conservation lands, etc.).

- In addition to the above, several steel gates will be required at road crossings to

slow trail traffic. For safety measures, jersey barriers will be established where the

trail is adjacent to Westside Road.

[19] The Panel finds that the Applicant has done their utmost to maintain the Trail within the

Westside Legacy Road ROW and that locating the trail within the Westside Legacy Road

ROW will not result in a negative effect to agricultural operations in the area.

[20] At the points where the Trail incurs onto private or Crown land, the Panel finds that the

Applicants have aligned the trail as close to the property lines as possible in order to

avoid land being alienation on either side of the trail.

[21] The Panel finds that appropriate fencing, vegetation, steel gates and jersey barriers

will mitigate any negative interactions between trail users and agricultural operators.

Section 4.3(b) of the ALCA: Second priority to economic, cultural and social values


Page 11 of 13

[22] In his letter, the Agent stated the following:

The Westside Trail will be a dynamic landmark that will have many positive effects on

the area including community health, environmental awareness, educational benefits,

economic development, and safety for the increasing numbers of non-motorized

travelers along Westside Road.

Community health: There is significant evidence that participation in trail activities such

as walking, bicycling and cross-country skiing results in not only better physical health,

but better mental health. Healthy individuals result in a healthier community and lower

health care costs. Environmental awareness: The Westside Legacy Trail will take

advantage of the opportunities presented along the full length of the trail to construct

Interpretive signage which will be installed at key learning locations to enhance the

visitor environmental awareness (i.e. grassland interpretive signage, conservation lands,

agricultural awareness, etc.).

Educational benefits: Education initiatives including interpretive signage will offer unique

hands-on learning opportunities that are reinforced by individuals having access to the

wild side of the valley. School groups and local clubs will be able to take outdoor

education to where it belongs in the natural environment.

Economic development: Providing locals, second home owners and tourists with a multi-

use trail, encourages all of these groups to spend more time in the Columbia Valley,

which will provide economic development opportunities for retailers and other

businesses such as sports equipment rentals, shuttles, restaurants and hotels. This

infrastructure will also draw event organizers to the valley to add new event opportunities

to the list of non-motorized events currently being hosted.

Safety: Walkers, runners and cyclists already put Westside road to prolific use.

Separating these users will make both recreating and driving in this area a safer

experience for everyone. By serving a wide variety of user groups such as walkers,

runners, bicyclists, roller-skiers, cross-country skiers, wheelchair users, inline skaters,

families and people of all ages and interests, the Westside Legacy Trail will contribute

significantly to the general health and well-being of the population.

The Panel finds that the Westside Legacy Trail would be a benefit to the communities of

Invermere and Fairmont Hot Springs.


Page 12 of 13

Section 4.3(c) of the ALCA: third priority to regional and community planning objectives

[23] The RDEK is not required to comment on Commission applications made pursuant to

s. 6 of the Regulation. For this reason, the Panel did not receive official comments from

the RDEK. The Panel did receive a letter dated March 11, 2016 which was

correspondence from the RDEK to the Applicant which outlines the RDEK’s support and

steps taken to facilitate the Proposal.

Weighing the factors in priority

[24] The Panel finds that landowners and agricultural operators in the area have been

adequately consulted, and no opposition to the Trail has been raised. The Panel is satisfied

with the proposed steps to mitigate any agricultural/trail conflicts that could negatively

impact the surrounding agricultural operations. In addition, the Panel supports the

maintenance and operation of the Trail by the RDEK to ensure that the Trail is operated in a

manner that is compatible for recreational trail users, and agricultural operators which

upholds the integrity of agricultural priority in the ALR.

[25] The Panel finds that the community benefits of the proposed Trail for the Invermere

and Fairmont Hot Springs considered under s. 4.3(b) of the ALCA have been designed

to be compatible with s. 4.3(a) of the ALCA which considers agricultural use as a priority.

[26] The Panel did not receive commentary directly from the RDEK and therefore did not

consider regional and community planning objectives as required by s. 4.3.

DECISION

[27] For the reasons given above, the Panel approves the Proposal to construct the Trail

between the communities of Invermere and Fairmont Hot Springs. The Trail will be

approximately 25 km long within a 12 meter ROW, affecting approximately 4.5 ha of land

within the ALR.


Page 13 of 13

The Proposal is approved subject to the following conditions:

a. the Trail be constructed in substantial compliance with the plan submitted with the

Application title Westside Legacy Trail, Revision 09, dated April 6, 2016, prepared

by WSP;

b. the construction of appropriate fencing and planting of vegetation for buffering as

outlined in “Appendix B: Fencing Schedule” of Westside Legacy Trail, Revision 08,

Dated January 5, 2016, prepared by WSP;

c. ongoing maintenance and repair of the Trail and associated infrastructure by the

RDEK;

d. posting appropriate signage at entry points to the Trail informing trail users that they

are passing through an agricultural landscape, that encounters with livestock can be

expected along the trail, and that dogs must be leashed, etc.; and

e. placing litter bins at regular intervals along the trail, particularly at entry points.

[28] This decision does not relieve the owner or occupier of the responsibility to comply

with applicable Acts, regulations, bylaws of the local government, and decisions and

orders of any person or body having jurisdiction over the land under an enactment.

[29] These are the unanimous reasons of the Kootenay Panel of the Agricultural Land

Commission.

[30] A decision of the Panel is a decision of the Commission pursuant to s. 11.1(5) of the

Agricultural Land Commission Act.

[31] This decision is recorded as Resolution #427/2016 and is released on December 8.

CERTIFICATION OF DECISION

____________________________________________________

Sharon Mielnichuk, Panel Chair, on behalf of the Kootenay Panel

END OF DOCUMENT

INVERMERE

Westside Rd

Hwy 93 And 95

Kootenay No 3 Rd

Wills Rd

Ruault Rd

Coy Rd

Riverside D

r

Tegart Rd

North

St

Windermere Rd

Rus

hmer

e R

d

unsig

ned

DL 4596

DL 346

IR 3 COLUMBIA LAKE

DL 347

DL 344

DL 8

DL 54

DL 290

DL 52

DL 4616

DL 21

DL 107

DL 217

DL 704

DL 46

DL 291

DL 41

DL 47

DL 218

DL 40

DL 450

DL 20

DL 108

DL 53

DL 7155

DL 7158

DL 5352

DL 138

DL 2562

DL 4619

DL 295

DL 5107

DL 9245

DL 775

DL 16966, ELKHORN GROUP MCDL 7154

DL 5118

DL 19

DL 7157

DL 4084

DL 1093

DL 5108

DL 7156DL 17059

DL 12575

DL 3765

DL 2686

DL 16274

DL 12577

DL 12576

DL 12581

DL 12579

DL 12580

DL 17040

115°50'0"W115°52'0"W115°54'0"W115°56'0"W115°58'0"W116°0'0"W116°2'0"W50

°28'

0"N

50°2

6'0"

N50

°24'

0"N

50°2

2'0"

N50

°20'

0"N

Map Scale:

ALR[[[[[[[ [

[

[

[[[[

[ [

[

!(

!(

!(

!.

!(

!(!(

!.

!.Kaslo

Fernie

Nelson

Golden

Slocan

Elkford

Balfour

Sparwood

CranbrookKimberley

Invermere

Silverton

Meadow Creek

Radium Hot Springs

ALR

0 750 1,500 2,250 3,000 3,750 4,500

Meters

Map Location

ALC File #:

Mapsheet #:

Map Produced:

Regional District:

1:90,000

ALC Context Map

LegendWestside Legacy Trail5.1 ha total, 4.5 ha ALR (including all Highway ROW)

54521

82K/08 & 82J/05

Mar 3, 2016

East Kootenay

RPEGGI

Rectangle

RPEGGI

Text Box

ALC Application 54521 ALC Resolution #427/2016 Approved Trail

RPEGGI

Callout

Approved Trail ~25 km long

RPEGGI

Typewritten Text

DRAWING SET HAS BEEN AMENDED TO INCLUDE COMMENTS ON EACHPAGE OUTLINING RATIONALE FOR LOCATION OF TRAIL AND TO NOTELOCATION OF PHOTOS. REFER TO ACCOMPANYING LETTER FOR PHOTOSAND DESCRIPTION OF PHOTOS.

ALC DRAWING SET

NON-ALR LANDS

NON-ALR LANDS NON-ALR LANDS ALR LANDS - TRAIL WITHIN ROAD ROW

Photo 1

ALR LANDS - TRAIL WITHIN ROAD ROW

SEE PHOTO 1.STATION 0+900 TO 1+600

Photo 5

Photo 6

ALR LANDS - STATION 2+840 to 4+160AREA BETWEEN TRAIL ALIGNMENT AND ROAD ROW IS OCCUPIED BY A LARGEWETLAND AREA THAT ABUTS TRAVELLED PORTION OF ROADWAY. PROPOSEDLOCATION OF TRAIL IS AROUND EXISTING WETLAND AREA. STEEPER SLOPESALONG EDGE OF ROAD SOUTH OF WETLAND FURTHER RESTRICT PROXIMITYOF TRAIL TO ROADWAY..PARCEL IS ALREADY FENCED BEYOND PROPOSED TRAIL ALIGNMENT (IE. LOCATIONOF PROPOSED TRAIL IS NOT WITHIN FENCED AREA). FREE RANGE GRAZING.

WETLAND AREA

Photo 7

STEEP GRADES ALONG ROADWAY

ALR LANDS - STATION 4+080 to 5+260STEEP SLOPES ALONG EDGE OF ROADWAY RESTRICT ABIILITY TO CONSTRUCT TRAIL WITHIN ROAD ROW.TRAIL RISES ABOVE ROADWAY TO FOLLOW GRADES AS REQUIRED FOR TRAIL CONSTRUCTION (TRAIL ISMAXIMUM 8% SLOPE TO ENSURE ACCESS BY ALL USER GROUPS). TRAIL STAYS AT HIGHER ELEVATION AWAYFROM ROADWAY TO AVOID AREA WITHIN ROAD ROW WTIH STEEP GRADES AND BLIND CORNER (NEXT PAGE)..PARCEL IS NOT FENCED. FREE RANGE GRAZING ON PROPERTY AND ROADWAY.

Photo 8

Photo 9

ALR LANDS - STATION 5+220 to 6+300STEEP SLOPES AND BLIND CORNER AT REM DL21 RESTRICT ABIILITY TO CONSTRUCTTRAIL WITHIN ROAD ROW. TRAIL RISES ABOVE ROADWAY TO FOLLOW GRADES ASREQUIRED FOR TRAIL CONSTRUCTION (TRAIL IS MAXIMUM 8% SLOPE TO ENSUREACCESS BY ALL USER GROUPS). TRAIL DROPS TO CROSS CREEK AT LOCATION OFPHOTO 9 AND THEN REJOINS ROADWAY AS GRADE PERMITS..PARCEL IS NOT FENCED. FREE RANGE GRAZING ON PROPERTY AND ROADWAY.

BLIND CORNER AND STEEPGRADES AROUND CORNER.

Photo 11

Photo 12

ALR LANDS - STATION 6+280 to 6+880TRAIL CONSTRUCTED WITHIN ROAD ROW UNTIL TRAIL REACHES BLIND CORNER WITH STEEPGRADE ALONG SIDE OF ROADWAY WHICH RESTRICT TRAIL CONSTRUCTION. TRAIL RE-ENTERSROAD ROW ONCE PAST CORNER AND STEEP GRADE..PARCEL IS NOT FENCED. FREE RANGE GRAZING ON PROPERTY AND ROADWAY.

Photo 10

Photo 13

ALR LANDS - STATION 6+840 to 7+440TRAIL IS LOCATED WITHIN ROAD ROW WITH EXCEPTION OF SMALL AREA WHERE DEEP DITCHES ON SIDEOF ROADWAY REQUIRE TRAIL TO BE SHIFTED ONTO PRIVATE LANDS. NOTE THAT TOPOGRAPHY INTHIS LOCATION IS SUCH THAT THERE IS A STEEP BLUFF UP TO PRIVATE LANDS. TRAIL IS LOCATED BELOWSTEEP BLUFF AND ROADWAY TO MINIMIZE IMPACT..PARCEL IS NOT FENCED. FREE RANGE GRAZING ON PROPERTY AND ROADWAY.

Photo 14

ALR LANDS - STATION 7+440 to 8+040STEEP SLOPES AND ROCK OUTCROPPINGS ALONG EDGE OF ROADWAY RESTRICT ABIILITY TOCONSTRUCT TRAIL WITHIN ROAD ROW. TRAIL SKIRTS ALONG EDGE OF PRIVATE PROPERTY TOAVOID STEEP SLOPE ON EDGE OF ROADWAY..PARCEL IS NOT FENCED. FREE RANGE GRAZING ON PROPERTY AND ROADWAY.

Photo 15

ALR LANDS - STATION 8+020 to 8+740TRAIL IS LOCATED PRIMARILY WITHIN ROAD ROW WITH SMALL PORTION OF TRAIL SKIRTINGPRIVATE LANDS DUE TO MINISTRY OF TRANSPORTATION REQUIRED SEPARATION FROMPAVEMENT SURFACE OF ROADWAY AND EXISTING DITCHES.

Photo 16

Photo 17

Photo 18

Photo 19

ALR LANDS - STATION 8+740 to 9+340TRAIL IS LOCATED WITHIN ROADWAY EXCEPT WHERE EXISTING DITCHING ONROADWAY REQUIRES TRAIL TO SHIFT ONTO EDGE OF PRIVATE PROPERTY..PARCEL IS FENCED. CATTLE GRAZE ON PROPERTY.

Photo 20

ALR LANDS - STATION 9+340 to 9+940TRAIL IS LOCATED WITHIN ROAD ROW EXCEPT WITHIN PLAN 11385 DUE TO DITCHINGAND SLOPES ALONG EDGE OF ROADWAY..PARCEL IS FENCED. CATTLE GRAZE ON PROPERTY.

Photo 21

ALR LANDS - STATION 9+940 to 10+520TRAIL IS LOCATED WITHIN ROAD ROW EXCEPT FOR AREAS OF SMALL INCURSIONINTO PRIVATE LANDS DUE TO HEAVY FOREST COVER WITHIN ROW..PARCEL IS FENCED. CATTLE GRAZE ON PROPERTY. FENCE WILL BE SHIFTED UPTO 3 METERS AS REQUIRED FOR TRAIL CONSTRUCTION.

ALR LANDS - STATION 10+520 to 11+120TRAIL IS LOCATED WITHIN ROAD ROW EXCEPT FOR PORTION WHERE GRADE TO ROADIS TOO STEEP AND EXISTING DITCH LIMITS PROXIMITY TO ROADWAY..PARCEL IS FENCED. CATTLE GRAZE ON PROPERTY.

Photo 22

ALR LANDS - STATION 11+120 to 11+740TRAIL IS LOCATED WITHIN ROAD ROW EXCEPT EXCEPT SMALL INCURSION ATSOUTH END OF SECTION WHERE TRAIL IS ON PRIVATE PROPERTY TO AVOIDDITCH ALONG ROAD..PARCEL IS FENCED. CATTLE GRAZE ON PRIVATE PROPERTY.FENCE WILL BE RELOCATED AS REQUIRED ON PRIVATE LANDS.

ALR LANDS - STATION 11+720 to 12+300TRAIL IS LOCATED ALONG EDGE OF ROAD ROW WITH SOME AREASENCROACHING ON PRIVATE LANDS DUE TO LOCATION OF DITCH ONROADWAY AND TOPOGRAPHY IN ROAD ROW..PARCEL IS FENCED. CATTLE GRAZE ON PRIVATE PROPERTY.FENCE WILL BE RELOCATED AS REQUIRED ON PRIVATE LANDS.

ALR LANDS - STATION 12+300 to 12+880TRAIL IS LOCATED ALONG EDGE OF ROAD ROW WITH SOME AREASENCROACHING ON PRIVATE LANDS DUE TO LOCATION OF DITCH ONROADWAY AND TOPOGRAPHY IN ROAD ROW..PARCEL IS FENCED. CATTLE GRAZE ON PRIVATE PROPERTY.FENCE WILL BE RELOCATED AS REQUIRED ON PRIVATE LANDS.

Richard

Typewritten Text

TRAIL TRANSITIONS FROM ENTIRELY WITHIN WESTSIDE ROAD ROW TO ENTIRELY WITHIN OLD ROAD ROW WITH SLIGHT INCURSION ON PRIVATE LANDS AT NORTH END OF OLD ROAD ROW DUE TO EXISTING DITCH AND GRADE WITHIN WESTSIDE ROAD ROW.

ALR LANDS - STATION 13+300 to 14+600TRAIL LOCATED WITHIN ROAD ROW..ALL PARCELS ARE FENCED..CATTLE GRAZING ON SHAUNESSY RANCH LTD. LANDS..NO AGRICULTURAL USES ON NATURE TRUST OF BRITISH COLUMBIA LANDS.

ALR LANDS - STATION 14+600 to 15+500TRAIL LOCATED WITHIN ROAD ROW..ALL PARCELS ARE FENCED..NO AGRICULTURAL USES ON NATURE TRUST OF BRITISH COLUMBIA LANDS.

.

Photo 23

Photo 24

ALR LANDS - STATION 21+400 to 22+800TRAIL LOCATED WITHIN ROAD ROW TO SOUTH END OF THIS SECTION.TRAIL DEVIATES FROM ROAD ROW TO AVOID STEEP SECTION OFROADWAY WITH BLIND CORNER, STEEP SLOPES AND POOR SOILS.TRAIL DESCENDS TOWARD FAIRMONT SEPTIC FACILITY AND TO AVOIDSTEEP BLUFF ON PRIVATE PROPERTY. TRAIL TRAVERSES AS CLOSETO BASE OF STEEP BLUFF AS POSSIBLE WHEN ON PRIVATE PROPERTY..ALL PARCELS ARE FENCED..NO AGRICULTURAL USES ON NATURE TRUST OF BRITISH COLUMBIA LANDS..FAIRMONT LANDS UTILIZED FOR SEPTIC TREATMENT FACILITY WITH SPRAYIRRIGATION OF FIELD. HAY CROP REMOVED FROM PIVOT AREA AND CATTLEGRAZE ON PIVOT AREA. TRAIL ALIGNMENT WILL BE FENCED.

STEEP SLOPES / BLUFF

Photo 25

Photo 26

ALR LANDS - STATION 22+800 to 24+367TRAIL CONTINUES AT BASE OF STEEP BLUFF AND THEN TRANSITIONS BACKTOWARD WESTSIDE ROAD ALIGNMENT. TRAIL REMAINS ON PRIVATE LANDSDUE TO LOCATION OF DITCH ON WESTIDE ROAD AND LIMITED AREA AVAILABLEFOR TRAIL CONSTRUCTION. TRAIL MOVES BACK TO ROAD ALIGNMENT ATHIGHWAY 93/95. PROPOSED PARKING AREA HAS BEEN LOCATED IN AREA THATDOES NOT IMPACT USE OF LANDS FOR AGRICULTURE AND WHICH HAS BEENDISTURBED PREVIOUSLY DUE TO RAILWAY CONSTRUCTION AND HIGHWAYCONSTRUCTION..ALL PARCELS ARE FENCED. FAIRMONT LANDS UTILIZED FOR SEPTICTREATMENT FACILITY WITH SPRAY IRRIGATION OF FIELD. HAY CROPREMOVED FROM PIVOT AREA AND CATTLE GRAZE ON PIVOT AREA.TRAIL ALIGNMENT WILL BE FENCED.

APPENDIX BFENCING SCHEDULE

Westside Legacy Trail Fencing RequirementsStationing SRW Legal Owner Type of Fencing Length Placement notes330 to 580 EPP51646 Castle Rock 4' high, smooth wire 250 West side of trail700 to 820 EPP51646 Castle Rock Existing Move existing fence to the west

1520 to 1700 EPP51648 McKay None

1700 to 2720 EPP51649 Grizzly Ridge 4' high, smooth wire 1020 West side of trail

2720 to 4420 EPP51650 SRL None


6220 to 6260 EPP51652 SRL Post and rail to match existingfencing on property

40 To restrict access to proposed easement lands for H&R

6560 to 6640 EPP51653 H&R Ranch None


6900 to 7100 EPP51652 SRL Existing Move existing fence to west property line

7100 to 8400 EPP51654 Terra-West 4' high, smooth wire 1,300 West side of trail

8400 to 8800 EPP51655 Crown Land None SRW not required, move existing fence to property line

8800 to 92209400 to 9580

EPP51656 SRL 4' high. Barb wire 600 On east boundary line, existing posts to remain

9220 to 9400 EPP51657 Crown Land None No SRW required

9580 to 13800 EPP55291 SRL None Move existing fence to property line

13800 to 22400 MoTi Move/dismantle fencing in ROW

22400 to 24387 EPP51660 FHSR 4' high, barb wire 1300 Fence to keep cattle inside irragation pivot

118 Fence around parking area

december 8, 2016 alc file: 54521 richard haworth€¦ · december 8, 2016 alc file: 54521 . richard...

Documents