Page 1 of 1 From: Craig Broderick Sent: Monday, August 23, 2010 8:40 AM To: Jed Astin Cc: Subject: RE: PILE DRIVER/Bylaws Attachments: Bylaw - Pile Driver.doc Thanks Jed. We will distribute the letter to Council as part of the feedback for the Bylaw. Craig From: Jed Astin [mailto:jed.astin@gmail.com] Sent: Monday, August 23,20108:14 AM To: Craig Broderick Subject: PILE DRIVER/Bylaws Craig, Good Morning. Attaclmlent is our belated support for the By laws as per the Public Hearing, this everling. Regards, Jed 8/23/2010
AIe T3>1-c~ 1513 1 20 [0 ~ (0410 August 23 rd, 2010 STRATA KAS 1883 #1-12877 Kidston Road Coldstream BC V1B 1Z4 DISTRICT OF COLDSTREAM 9901 Kalamalka Road Coldstream BC Mayor & Councillors: We don't receive the Morning Star newspaper at our subdivision so was not aware of the Public Hearing for Bylaws No. 1382 and 2002 this evening until ale'rted of same. As per the Notice we look forward and strongly support the adoption of the Bylaw to, hopefully, and finally achieve local authority over the foreshore whereby the aged complaint of the pile driver on our subdivision foreshore will finally be removed. Over the years, three levels of government and a variety of alerted agencies have been repeatedly snubbed by the owner of this eyesore and environmental hazard. Now, hopefully, Coldstream staff will finally have the tools at their disposition for its removal. Sincerely, STRATA KAS 1883 Per: Jed Astin Manager
From: Craig Broderick Sent: Monday, August 23, 2010 3:54 PM To: Subject: FW: Foreshore Zoning Regulations From: Flo Ryan [mailto:fvryan@shaw,ca] Sent: Monday, August 23, 2010 2:34 PM To: Craig Broderick Cc: Gyula Kiss; JimGarlick_iPhone; Richard Enns; Maria Besso Subject: Foreshore Zoning Regulations Hi Craig, This e-mail concerns foreshore regulations. I have a concern about public access to foreshore as the level of Kalamalka Lake is controlled by the Water Branch in Penticton. The average height is 1-3 feet in front of my breakwall but can be as low as having a foot of beach to 16" of water on my front lawn (5-6' in front of the breakwall) How can you tell the levels for public access when the high & low water marks are man controlled as opposed to control by natural forces? Do Okanagan & Woods Lakes have similar dam controls? Flo Ryan. 8/23/2010
n Lv ~vt \':> 1-3 1 20 to i (olt[o REGIONAL DISTRICT OF NORTH OKANAGAN MEMBER MUNICIPALITIES: CITY OF ARMSTRONG DISTRICT OF COLDSTREAM CITY OF ENDERBY ELECTORAL AREAS: VILLAGE OF LUMBY '8" -SWAN LAKE "F - CHERRYVILLE TOWNSHIP OF SPAlLUMCHEEN "C" - ax DISTRICT "F' - ENDERBY (RURAL) CITY OFYERNON "D" - LUMBY (RURAL) OFFICE OF: ENGINEERING YOUR FILE No.: 6410 OUR FILE No.: 5750.2.2.3 August 20, 2010 Craig Broderick c/o District of Coldstream 9901 Kalamalka Road Coldstream, V1 B 1 L6 Mr. Broderick: Re: Foreshore Zoning Regulations - Proposed Zoning Bylaw Amendment This letter is in response to the District of Coldstream's proposed foreshore zoning bylaw amendment. The Regional District of North Okanagan, Greater Vernon Water (RDNO-GVW) and technical advisories are currently reviewing a draft Source to Tap Assessment of the GVW North Kalamalka Lake Intake. Recommendations within the report are the building blocks for the creation of an Intake Protection Zone (lpz). RDNO-GVW requests that District of Coldstream accepts the following comments and concerns; 1) The District of Coldstream (DoC) has jurisdiction and is seeking a zoning amendment for the first 200 m of water surface from the High Water Mark of Kalamalka Lake. The RDNO has jurisdiction in the areas beyond the 200 m, but does not currently have zoning regulations which restrict usage of water surfaces. 2) The area outlined in the proposed amendment overlaps with the Intake Protection Zone (IPZ) recommended in the Source to Tap Assessment of the GVW North Kalamalka Lake Intake, prepared by Larratt Aquatic. This draft Assessment and Recommendations will be reported to the Greater Vernon Advisory Committee in September 2010. 3) The Source to Tap Assessment recommends that RDNO-GVW jointly apply for a Licence of Occupation for the IPZ. Since DoC jurisdiction only extends 200 m into the water and the IPZ is more extensive than that, any License of Occupation would need input from DoC and RDNO. 4) In the August 8, 2010 report from Director of Community Development to Coldstream Council, it states that "because of the upland (private) ownership issue and opinion of ILMB, obtaining a Licence of Occupation for a large area (e.g. IPZ) seems very unlikely". 5) The DoC research further indicates that a Head Lease could be obtained from ILMB to protect the IPZ, as these are not influenced by private ownership of the surrounding land. Regional District of North Okanagan 9848 Aberdeen Road Goldstream, Be V1 B 2K9.../Page 2 Phone: 250-550-3700 Fax: 250-550 3701 Web: www.rdno.ca E-mail: info@rdno.ca
File No.: 5750.2.2.3 Dated: August 20, 2010 Page 2 of 2-2- 6) The August 8,2010 report recommended that Council receive the report and support taking no further action on either a License of Occupation or a Head Lease. 7) The Head Lease option discussion section of the report indicates that it would be advisable to pursue the Head Lease of the entire area of Kal Lake within the Jurisdictional boundaries of Coldstream as the divergent sets of regulations between various authorities having jurisdiction would be confusing, 8) The proposed new Zoning Bylaw would impact the area identified as IPZ. Therefore, uses permitted within the I PZ should be reviewed by RDNO-GVW to ensure that they follow or mesh with the recommendations in the Source to Tap - Larratt Aquatic report. 9) The Source to Tap report suggests that water zoning should be applied to the IPZ area, This would require the RDNO to contemplate such zoning within the RDNO jurisdictional boundaries. 10) The bylaw amendment proposes to create a one zone - Recreational Water Use - W1. This follows a second recommendation within the Source to Tap Assessment, "the DoC could use other jurisdiction foreshore policies to draft enforceable (no-build, no-disturb) set-backs from high water mark... " 11) The proposed zoning regulations specify standards for construction within the lake, and without obtaining a head lease; such construction would first need to get the necessary approvals from ILMB. Should the ILMB approve a structure that outstrips the new zoning regulations, a Development Variance Permit may be required for the structure prior to obtaining a building permit from the District. Where such a structure is within the IPZ, Coldstream should seek input from RDNO- GVWwith regard to the IPZ. This should also be the case with Development Permits contemplated within the IPZ. In conclusion, it is imperative that RDNO and DoC work collaboratively to ensure the success of the Source to Tap Assessment recommendations. It will depend on strong policy, bylaws and enforcement, and most of all good communication between jurisdictions to protect Kalamalka Lake. Yours truly, ~~~;(. ~d:- Renee Clark Water Quality Manager DP/RC cc: Jim Garlick - Mayor, District of Goldstream Greg Betts - Administrator, RDNO Rob Smailes - GM, Planning & Building, RDNO Michael Stamhuis - Administrator, District of Goldstream Arnold Badke - GM, Engineering, RDNO Herman Halvorson - Ghair, Board of Directors, RDNO Regional District of North Okanagan Phone: 250-550-3700 9848 Aberdeen Road Fax: 250-550-3701 Coldslream, BC Vi B 2K9 Web: w\v.../.rdno.ca E~mai!: info@rdno.ca