174 Helmcken Road

"THAT Council authorize the issuance of Development Permit No. 05/08 which would have the effect of regulating development within the environmental management area of the property in accordance with Section 5.2.9 (Natural Watercourse and Shoreline Areas) of the Official Community Plan, Bylaw No. 361, 1999 to allow for: the construction of a new stormwater headwall and splash apron; the erection of a rustic cedar split-rail fence along the boundary of the dedicated park; the removal of non-native plant species in the area; and replanting of the dedicated park area with mixed native riparian vegetation, on the property described as Lot A, Section 91, Esquimalt District, Plan VIP84537 (174 Helmcken Road), as shown in the Landscape Plan, L1, and Planting & Fencing Details, L2, labelled 'Schedule 1' and 'Schedule 2' respectively, and attached to the staff report dated May 14, 2008; SUBJECT TO the following terms and conditions: 1. All works within the 15 metre leavestrip shall be monitored by a Registered Professional Biologist (R.P. Bio.). 2. Removal of the non-native species are to be to a depth of 15cm and shall be done under the supervision of an Registered Professional Biologist (R.P.Bio.). 3. Planting medium shall be introduced to replace the soil lost through non-native species removal and the area shall be mulched to a depth of 10cm with a composted mulch (e.g. leaf mould). 4. Replanting of the buffer area will consist of a variety of native species, as indicated in the environmental report by Enkon Environmental, dated March 10, 2008, and attached to the staff report dated May 14, 2008. 5. Construction of the new headwall and splash apron must be timed within the appropriate fisheries window. For marine environments within the south coast area, this window ranges from June 1st through February 15th. No construction off the headwall or splash apron shall occur between February 16th through May 31st inclusive. 6. Construction of the new headwall and splash apron must be done utilizing the mitigation techniques outlined within the environmental report by Enkon Environmental, dated March 10, 2008, and attached to the staff report dated March 14, 2008. Grout and sediment erosion control measures shall be installed and monitored by a Registered Professional Biologist (R.P.Bio.) to prevent migration of sediment or other deleterious materials from entering Portage Inlet. 7. The Permittee must deposit with View Royal security in the form of an irrevocable letter of credit, cash or certified cheque, in the amount of 100% of the estimated cost of installing all hard and soft landscaping works. View Royal shall release this security deposit to the Permittee upon receipt of written and sealed statements, satisfactory to the Approving Officer, from a Landscape Architect registered in the Province of British Columbia, verifying that the landscaping and screening works have been completed in accordance with this Permit. 8. A covenant is to be registered on Lots 1 and 2 to prohibit the placement of lawn within the 15 metre riparian setback. Further, this area is to be landscaped with native plant species."