REGIONAL DISTRICT OF CENTRAL KOOTENAY. BYLAW No. 2407

Transcription

1 REGIONAL DISTRICT OF CENTRAL KOOTENAY BYLAW No A Bylaw to authorize the issuance of a Temporary Industrial Use Permit in accordance with Section 921 of the Local Government Act. WHEREAS it is deemed expedient to issue a Temporary Industrial Use Permit to Porcupine Wood Products Ltd. for a portion of a property legally described as Lot 1 District Lot 1237 Kootenay District Plan 4415, located at 8564 Highway 6, Rural Salmo in Electoral Area G. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: 1. That Schedule 'A', being the terms and conditions of the Temporary Industrial Use Permit which is attached hereto and forms part of this bylaw. 2. This Bylaw shall come into force and effect upon its adoption. 3. This Bylaw may be cited as Regional District of Central Kootenay Temporary Industrial Use Permit Bylaw No. 2407, READ A FIRST TIME this 19th day of June, WHEREAS A Public Hearing was held on the 24th day of July, READ A SECOND TIME this 21ST day of August, READ A THIRD TIME this 21ST day of August, ADOPTED this IGthday of February, "Karen Hamling" "Anitra Winje" Chair (not original signature) Secretary (not original signature) I hereby certify that this is a true and correct copy of Regional District of Central Kootenay Temporary Industrial Use Permit Bylaw No. 2407, 2014 as read a third time by the Regional District of Central Kootenay Board, on the 21st day of August, DATED at Nelson, B.C, this 16th day of February, _/^^^^^_ Secretary I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Temporary Industrial Use Permit Bylaw No. 2407, DATED at Nelson, B.C. this 16th day of February, ^%%-^4 Secretary

2 Page 2 REGIONAL DISTRICT OF CENTRAL KOOTENAY DRAFT TEMPORARY USE PERMIT T1401 (Porcupine Wood Products Ltd.) Date: Issued pursuant to Section 493 of the Local Government Act To: Porcupine Wood Products Ltd. Address: 8564 Highway 6, Rural Salmo, British Columbia 1. This Temporary Industrial Use Permit (Permit), notwithstanding any Zoning Bylaw, allows the temporary industrial use of land(s) described as Lot 1 District Lot 1237 Kootenay District Plan 4415, located at 8564 Highway 6, Rural Salmo, in strict accordance with the terms and conditions set forth herein. 2. The temporary industrial use allowed by this Permit shall be confined to an approximately 6.2 hectare (15.32 acres) site area as shown on the attached Schedule 'A'. 3. This Permit is issued only for temporary use of the lands described above for the purpose of aggregate (sand and gravel) extraction and processing (crushing and screening of materials) and accessory uses associated with this purpose, subject to the following conditions: i. The operation shall not include the construction of any permanent buildings or structures; ii. The operation will be restricted to aggregate (sand and gravel) extraction and processing (limited to crushing and screening of materials) as per Mines Act Permit G and as outlined in this permit; iii. Hours of operation will be between 6:00 am and 6:00 p.m., six days a week (excluding Sundays and holidays), from April 1st, 2017 to June 30th, 2017; iv. It is understood that this is a limited time period for the purposes of internal improvements on the subject property and that another Temporary Use Permit may be issued at a later date upon completion of works by the proponent; v. Reclamation requirements will be included in any subsequent Temporary Use Permit(s) issued by the RDCK for the purposes of further aggregate (sand and gravel) extraction and processing (screening and crushing) and accessory uses associated with this purpose;

3 th February 16In, 2017 Page 3 vi. Speed limits within the pit area shall not exceed 30 km per hour; vii. All trucks leaving the site will be covered with a tarp; 5. All parking associated with the temporary industrial use shall be contained on the subject property. Off-street parking of vehicles associated with the issuance of this temporary industrial use permit is prohibited. 6. It is understood and agreed that the Regional District of Central Kootenay has made no representations, covenants/ warranties, guarantees, promises, or agreements (verbal or otherwise) with the Permittee other than those contained in this Permit. 7. It is understood and agreed that this Permit does not imply approval for future rezoning of the subject land for the specified industrial use. 8. The temporary industrial use shall comply with all applicable Regional District of Central Kootenay bylaws except as specifically varied by the terms and conditions of this Permit. 9. Notice shall be filed in the Land Title Office that the land described herein is subject to this Permit. 10. The terms of this Permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the Permit. 11. This Permit does not constitute a business licence. 12. This Permit shall come into force and take effect upon the adoption of the authorizing bylaw. 13. This Permit shall expire five (5) months from the date of issuance and is only applicable from the dates of April 1st, 2017 to June 30th, Authorized resolution 111/17 passed by the RDCK Board on the 16 day of February, 2017 The Corporate Seal of THE REGIONAL DISTRICT OF CENTRAL KOOTENAY was hereunto affixed in the presence of: ^^&%^ Anitra Winje, Coj^br^ Officer

4 Page 4 Schedule 1: Subject Property Temporary Industrial Permit Aggregate Extraction and On-srte Processing Porcuplne Wood Products Ltd. Legend Roads - REQ Creeks I[ Cadastre. REQ I I Floodplain Zoning - RE Q Tamporary Industrial Usa Permit Map Scala: aa<5&0,31u>la»flifctodftib.ncter\ EC VtLSR4 PtCTB j2hi 3S Toa-Fm - -eumu.tks (BC) F«t 12SC) 3S2-aMO ImmA m.tfclbca n» mwngtn<anutoft«l)owtt* ippwijmrta rf-ukluon* m< U>««M o«l» 1 u-a [or rtt o p.t>i>mi. TM Hfonil DIKHcl m C«nm KooUruy» m< mpanilbl* rofnty Bfron or omrr-lntom on thl«up. Name: Porcupine Wood Products Ltd. Address: 8564 Highway 6, Rural Salmo Legal: Lot 1 District Lot t237 Kootenay District Plan 4415 PID: File: T1401 MnpPrelmw: UTMZoT.11 Mlp Cd^l N»DB3 Mapsheet;

5 Page5 Schedule 2: Site Plan

6 Page 6 Schedule 3: Mines Act Permit G (as referenced) PROVINCE OF BRITISH COLUMBIA MINISTRY OF ENERGY, MINES AND NATURAL GAS SAND AND GRAVEL PERMIT APPROVING WORK SYSTEM AND RECLAMATION PROGRAM (Issued pursuant to Section 10 of the Mines Act R.S.B.C 1996, C.293) Permit; G Mine No.: Issued to: Porcupine Wo&d Products Ltd. Box 850 Salmo BC VOG 1ZO for work located at the following property: Boulder Creek Pit This approval and permit is subject to the appended conditions. IssuedthisSthday of January in the year Allan Ludwig Inspector of Mines ^-y ^

7 Page 7 Porcupine Wood Products Ltd. Peimlt No.: G Page 2 of 7 Jamian' PREAMBLE Notice of intention to commence work on a sand and gravel pit. including a plan of the proposed work system and a program for the protection and reclamation of the surface of the land and watercourses affected by the Notice of Work dated August 13, 2012 was filed with the Inspector of Mines on August Notice of such filing was waived by the Chief Inspector of Mines (Chief Inspector). This permit contains the requirements of the Ministry of Energy and Mines for reclamation, It is also compatible, to the extent possible, with the requirements of other provincial ministries for reclamation issues The amount of security required by this permit, and the manner in which this security may be applied, will also reflect the requirements of those minigtriee, Nothing in this permit, howevpr limits the authority of other provincial ministries to set other conditions, or to act independently, under their respective permits and legislation, Decisions made by staff of the Ministry of Energy, Mines and Natural Gas will be made in consultation with other ministries, CONDITIONS The Chief Inspector hereby approves the work plan and the program for protection and reclamation of the land surface and watercourses subject to compliance with the following conditions: 1. Reclamation Security (a) The owner, agent or manager (herein called the Permittee) shall maintain with the Minister of Finance securities in the amount of ten thousand dollars ($10,000). The security will be held by the Minister of Finance for the proper performance of the approved program and all the conditions of this permit in a manner satisfactory to the Chief Inspector. (b) The Pennittee shall conform to all Ministry of Environment approval, licence and permit conditions, as well as requirements under the Wildlife Act. Should the Permittee not conform to these conditions, then all or part of the security may be used to fulfill these requirements.

8 PageS Poicupine Wood Products Ltd. Permit No.: G Page 3 of 7 Junuarv Land Use The surface of the land and watercourses shall be reclaimed to the following land use: Log Sort.. 3, Productivity The level of land productivity to be achieved on reclaimed areas shall not be less than existed prior to mining on an average property basis unless the Penmittee can provide evidence which demonstrates, to the satisfaction of the Chief Inspector, the impfacticality of doing so. 4. Re vegetation Land shall be re-vegetated to a setf-sustaining state using appropriate plant species. 5. Use of Suitable Growth Medium (a) On all lands to be revegetated, the growth medium shall satisfy land use, productivity, and water quality objectives, Topsoil and overburden (to rooting depth) shall be removed from operational areas prior to any disturbance of the land and stockpiled separately on the property for use in reclamation programs, unless the Permittee can provide evidence which demonstrates, to the satisfaction of the Chief Inspector, that reclamation objectives can otherwise be achieved. (b) No topsoil shall be removed from the property without the specific written permission of the Inspector of Mines, 6. Buffer Zones and Berms Buffer zones and/or berms shall be established between the mine and the property boundary unless exempted in writing by the Inspector of Mines.

9 Page 9 Porcupine Wood Products Ltd, Permit No.: G Page 4 of 7.._. _ JEinuary' Treatment of Structures and Equipment Prior to abandonment, and unless the Chief Inspector has made a ruling otherwise, such as heritage project consideration or industrial use, (a) all machinery, equipment and building superstructures shall be removed. (b) concrete foundations shall be covered and revegetated unless, because of demonstrated impracticality, they have been exempted by the Inspector, and (c) all scrap material shall be disposed of in a manner acceptable to the Inspector. 8. Watercourses (a) Watercourses shall be reclaimed to a condition that ensures (1) long-term water quality is maintained to a standard acceptable to the Chief Inspector, (2) drainage is restored either to original watercourses or to new watercourses which will sustain themselves without maintenance, and (3) use and productivity objectives are achieved and the level of productivity shall not be less than existed prior to mining unless the Permittee can provide evidence which demonstrates, to the satisfaction of the Chief Inspector, the im practicality of doing so. (b) Water which flows from disturbed areas shall be collected and diverted into settling ponds. 9, Roads (a) All roads shall be reclaimed in accordance with land use objectives unless permanent access is required to be maintained,

10 Page 10 Porcupirre Wood Products Ltd. Permit No.: G Page 5 of 7.._. Januan'?. 20 H (b) Individual roads will be exempted from the requirement for total reclamation under condition 9(a) if either; (1) the Pemnittee can demonstrate that an agency of the Crown has explicitly accepted responsibility for the operation, maintenance and ultimate deactivation and abandonment of the road, or (2) the Permittee can demonstrate that another private party has explicitly agreed to accept responsibility for the operation, maintenance and ultimate deactivation and abandonment of the road and has, in this regard, agreed to comply with all the terms and conditions, including bonding provisions, of this reclamation permit, and to comply with all other relevant provincial government (and federal government) regulatory requirements. 10. Disposal of Fuels and Toxic Chemicats Fuels, chemicals or reagents which cannot be returned to the manufacturer/supplier are to be disposed of as directed by the Chief Inspector in compliance with municipal, regional, provincial and federal statutes 11 Temporary Shutdown If this sand and gravel pit ceases operation for a period longer than one year the Permittee shall either continue to carry out the conditions of the permit or apply for an amendment setting out a revised program for approval by the Chief Inspector, 12. Safety Provisions Alt safety and other provisions of the Mines Act shall be complied with to the satisfaction of the Chief Inspector. 13. Monitoring The Permittee shall undertake monitoring programs, as required by the Inspector of Mines, to demonstrate that reclamation objectives are being achieved.

11 Page 11 Porcupine Wood Products Ltd. Permit No.; G Page 9 of. 7 Januan' ? 14. Alte rations to the Prog ram Substantial changes to the program must be submitted to the Inspector of Mines for approval, 15. Notice of Closure Pursuant to Part 10,6.1 of the Health, Safety and Reclamation Code for Mines in British Columbia, a Notice of Completion of Work shall be filed with the Inspector of Mines not less than seven days prior to cessation of work. 16 Annual Report Annual reports shall be submitted in a form and containing the information as and if required by the Inspector of Mines, 17. Site Stability a) The inspector shall be advised in writing at the earliest opportunity of any unforeseen conditions that could adversely affect the extraction of materials, srte stability, erosion control or the reclamation of the site. b) The stability of the slopes shall be maintained at all times and erosion shall be controlled at all times. c) The discovery of any significant subsurface flows of water, seeps, substantial amounts of fine textured, soils, silts and clays, shall be reported to the inspector as soon as possible and work shall cease until the inspector advises otherwise 18 Other Conditions a) The Mine Emergency Response Plan shall be kept up to date at all times and shall be posted on site with ready access to all employees. b) A 5 m undisturbed leave strip shall be left adjacent to property boundaries and the final reclaimed slopes shall not exceed a 2H:1V angle c) Silt laden water shall be suitably contained on site and not be allowed free access to any watercourse or stream. d) Approval is for a 5-year period. On or before January 9, 2018 the Permittee shall submit an updated Notice of Work application complete

12 Page 12 PoreuplneWood Pioducts Ltd. Permit No.: G Page 7_o( 7.. Januarys. 2111? with mine plan and cross sections to the Senior Inspector of Mines for review and approval. e) The Pemnittee shall establish water sprays or other dust inhibitors at all dust generating points to control airborne dust. f) If any appreciable amount of seepage occurs from the working face adjacent to Boulder Creek alt work shall cease and the Permittee shall inform the Senior Inspector of Mines without delay,