Correspondence: Dennis Law - Natural Watercourse and Shoreline Development Permit Application

RE: Development Permit for 275 Kerwood Street

Dear Mayor and Council,

Please accept this application for a Natural Watercourse and Shoreline Development Permit as well as a dock replacement for the property located at 275 Kerwood Street.

The original dock was destroyed in a storm and the dock and old existing wood pilings will be removed.

The Owner has approval from Transport Canada for dock replacement. The Esquimalt Harbour screening process is complete and signed off by all parties. This includes the necessary Environmental reporting. Copies attached.

15 Meter Development work:

The Development Permit Guidelines for Natural Watercourse and Shoreline areas have been addressed as follows:

GUIDELINES – GENERAL

i. Development in freshwater riparian areas – e.g. adjacent to streams, lakes, wetlands and other freshwater watercourses –must comply with the requirements of the Riparian Area Regulations. There are no freshwater riparian areas on the property

ii. Development of riparian and shoreline areas should be limited and not negatively impact the ecological health of the immediate area or impede public access. Ecological health of the shoreline will be enhanced by native plantings and the placement of boulders to provide habitat and shelter areas for wildlife. Public access will not be impeded.

iii. Retention of existing healthy riparian and shoreline vegetation should be maximized with any paths, structures or other constructed areas sited to minimize impact on trees and sensitive areas. The proposed landscape plan will protect and enhance existing vegetation. There are no trees currently on the property.

iv. Restoration of riparian and shoreline vegetation and habitat, including removal of invasive species, is encouraged for all properties within this Development Permit Area. Development should result in a net increase in native vegetation in almost all circumstances including trees, shrubs and grasses. Th proposed landscape plan will provide a net increase to native vegetation.

v. For shoreline areas heavily impacted by previous development, target the restoration of ecologically appropriate vegetation for an average 15m wide (minimum 5 m) shoreline zone over 50% of the shore length. The shoreline was not heavily impacted however the ecologically appropriate vegetation area exceeds 50% of the 15m setback zone.

vi. Riparian and shoreline area development should sensitively manage storm water, focusing on infiltration and release of storm water in ways and quantities that mimics natural patterns, avoids scouring and erosion and results in storm water free from pollutants. Stormwater form the building site will be managed for no net increase from pre-development flows in accordance with View Royal bylaws.

vii. Shoreline protection measures should be limited to those necessary to prevent damage to existing structures or established uses on adjacent upland. No shoreline protection measures are planned.

viii. In the design of new developments or re-development, the use of soft engineered and innovative alternatives to stabilizing shorelines and preventing erosion, such as bioengineering rather than traditional hard engineered measures should be used. In general, the harder the construction measure, the greater the impact on shoreline process, including sediment transport, geomorphology and biological functions. Hard" measures refer to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as biotechnical vegetation measures or beach enhancement. There is a range of measures varying from soft to hard that include:

• Vegetation enhancement.
• Upland drainage control.
• Biotechnical measures.
• Beach enhancement.
• Anchor trees.
• Gravel placement.
• Rock (rip rap) revetments.
• Gabions.
• Concrete groins.
• Retaining walls or bulkheads.

Rip rap, native landscaping and retaining walls have been designed for the 15m setback area in accordance with these guidelines.

v. Where hard measures can conclusively be shown to be the only means of effectively preventing erosion, they should be designed in consultation with a registered professional biologist, qualified environmental professionals and professional engineers, as appropriate. None are planned.

vi. The preservation and enhancement of native trees and shrub clusters that overhang the waters edge is strongly encouraged as these provide shade, protection and feeding habitat for fish and wildlife. New native shrub clustered are planned. Please see the attached Lombard North landscape plan.

vii. Any new public pathways or public access should be designed and constructed in consultation with a registered professional biologist or qualified environmental professional, as appropriate, and the Town of View Royal Parks Department. No public access or pathways are required.

GUIDELINES - SPECIFIC OCEAN SHORELINE TYPES

Rocky Shores consist primarily of rock platform and may include steep cliffs or shelves overlain with beach veneer of boulders, gravel or rubble. While shore protection measures are generally not required on rocky shores as the bedrock provides adequate protection from erosion the following guidelines apply:

i. Ensure that a minimum 15-metre setback for new buildings and structures, additions to existing buildings and structures or the placement and removal of fill is maintained. The setback to the new home is 15m.

ii. A setback of less than 15-metres may be considered if it is supported by a report by a qualified coastal professional (for geotechnical and coastal process considerations) and a registered professional biologist (for biological/environmental considerations) and satisfies all of the guidelines associated with this development permit area. New home construction is outside the 15m zone. Landscaping stairs and retaining walls have been considered by the project biologist and geotechnical engineer.

iii. Due to the inherently stable nature of this type of shoreline, applications for shore protection measures will generally not be accepted unless evidence is provided by a qualified coastal professional that there is a substantial risk of damage or loss of structures. No shore protection measures are required.

In accordance with the Guidelines, the following do not require a development permit:

Repair, maintenance, alteration or reconstruction of existing legally or legally non-conforming sited buildings, structures or utilities provided there is no alteration of undisturbed land or vegetation.

Please see the attached legal opinion regarding the status of the legal non confirming existing boathouse that straddles the natural boundary.