Attachment 5: Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report (Form 1, Sections 1 & 2)
An environmental assessment report for the 221 Atkins Road subdivision focused on protecting the riparian area of Millstream.
FORM 1 Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report
Riparian Areas Protection Regulation: Assessment Report
Date: January 28, 2022
I. Primary QEP Information
| Field | Details |
|---|---|
| First Name | Timothy (Tim) |
| Middle Name | Robert |
| Last Name | Adam |
| Designation | R.P. Bio |
| Company | Stantec Consulting Ltd. |
| Registration # | 3180 |
| Tim.Adam@stantec.com | |
| Address | #500 4515 Central Blvd |
| City | Burnaby |
| Postal/Zip | V5H 0C6 |
| Phone # | 604-360-8552 |
| Prov/state | BC |
| Country | CAN |
II. Secondary QEP Information (use Form 2 for other QEPs)
| Field | Details |
|---|---|
| First Name | |
| Middle Name | |
| Last Name | |
| Designation | |
| Company | |
| Registration # | |
| Address | |
| City | |
| Postal/Zip | |
| Phone # | |
| Prov/state | |
| Country |
III. Developer Information
| Field | Details |
|---|---|
| First Name | David |
| Middle Name | |
| Last Name | McAllister |
| Company | n/a |
| Phone # | |
| Davmca@yahoo.com | |
| Address | 221 Atkins Road |
| City | Town of View Royal |
| Postal/Zip | V9B 2Z9 |
| Prov/state | BC |
| Country | CAN |
IV. Development Information
| Field | Details |
|---|---|
| Development Type | Subdivision: 3 or less lots Multi family |
| Area of Development (ha) | 0.056 |
| Riparian Length (m) | 75 |
| Lot Area (ha) | 0.353 |
| Nature of Development | Redevelopment |
| Proposed Start Date | 2022 |
| Proposed End Date | 2024 |
V. Location of Proposed Development
| Field | Details |
|---|---|
| Street Address (or nearest town) | 221 Atkins Road |
| Local Government | Town of View Royal |
| City | Victoria |
| Stream Name | Millstream |
| Legal Description (PID) | 003483991 |
| Region | British Columbia |
| Stream/River Type | Stream |
| DFO Area | 19 |
| Watershed Code | 920-047500 |
| Latitude | 48° 27' 10.64" |
| Longitude | 123° 27' 54.67" |
Table of Contents for Assessment Report
- Section 1. Description of Fisheries Resources Values and a Description of the Development Proposal ... 3
- Introduction ... 3
- Site Description ... 3
- Proposed Development ... 3
- Undue Hardship ... 4
- Site Visit ... 5
- Millstream ... 5
- Roadside Drainage Ditch ... 6
- Section 2. Results of Riparian Assessment (SPEA width) ... 7
- Section 3. Site Plan ... 11
- Section 4. Measures to Protect and Maintain the SPEA ... 12
- Danger Trees ... 12
- Windthrow ... 12
- Slope Stability ... 13
- Protection of Trees ... 14
- Encroachment ... 15
- Sediment and Erosion Control ... 16
- Stormwater Management ... 16
- Floodplain Concerns (highly mobile channel) ... 17
- Section 5. Environmental Monitoring ... 18
- Section 6. Photos ... 19
- Section 7. Professional Opinion ... 25
Section 1. Description of Fisheries Resources Values and a Description of the Development Proposal
Introduction
The site is located west of Millstream in the southwest corner of the Town of View Royal, near the borders with Langford (to the west) and Colwood (to the south), within the Capital Regional District (CRD). The proposed development is to subdivide 221 Atkins Road (“the site”) into two single family home lots while retaining most of the existing home¹. Unloading of the ravine top of bank is required within Lot 2 to create enough developable area on site to support subdivision of the lot. There is one stream (Millstream) located on site and one ditch adjacent to the site, which were assessed using the Riparian Areas Protection Regulation (RAPR) detailed assessment methods (Figure 1). These watercourses are described in the following sections. Streamside Protection and Enhancement Areas (SPEA) and measures to protect the SPEA are discussed below.
Site Description
The 3,503 m² site is currently zoned R-1 (Detached residential – large lot) and includes an existing single-family home, including a section of open foundation north of the house, a large gravel driveway and some sections of post and rail with wire fences. The majority of the site is forested with a ravine containing Millstream. The natural boundary of Millstream wanders in the ravine and is frequently confined. A low gradient area is present between the toe of ravine bank and the natural boundary.
The existing ravine top of bank has been modified (unloaded) adjacent to the existing house footprint, to allow for a walk out basement as shown by the contour lines on Figure 1. The ravine top of bank wanders through the rest of the site almost extending to Atkins Road on the adject lot to the north, within 5 m of the site’s property line. The mapped ravine top of bank line cuts through the house on the property to the south, suggesting that the ravine top of bank was unloaded on that property (Figure 1).
The site is encumbered by several zoning bylaws under R-1 Zoning, as well as natural restrictions:
- Zoning Bylaw 900.2014 Section 3.8.2 – “No building, mobile home, recreational vehicle, or fence, retaining wall or other structure, nor any part thereof, can be constructed, moved, extended or located 30 m from the natural boundary of any lake, pond, marsh or stream, subject to the Provincial Riparian Area Regulations”
- Front lot line setback – 7.5 m minimum
- Rear lot line setback – 7.5 m minimum
- Side lot line setback – 2 m minimum
- Flanking lot line setback – 7.5 m minimum
Proposed Development
The proposed subdivision would divide the site, currently a single lot, into two lots (Appendix A – Civil Plan). The majority of the existing house is to be retained. Each lot includes access to Atkins Road and ravine backlot. The works completed to date to support the proposed subdivision include: qualified environmental professional (QEP) review by Stantec, arboricultural review by Gye and Associates and geotechnical field review and site instruction by Ryzuk Geotechnical Engineering and Material Testing. The lot grading design and tree protection plan developed to date are intended to support the site servicing and subdivision applications. Additional review and detailed design in support of individual home construction to protect the SPEA will be completed at a future date by a QEP.
Unloading of the ravine top of bank is required within Lot 2 to create enough developable area on site to support subdivision of the lot. In order to unload the top of bank while protecting trees and the SPEA, the geotechnical engineer’s report (Appendix B – Geotechnical Report) incorporates the “limit of disturbance” line from the tree protection plan (Appendix C – Tree Management Plan) and the calculated SPEA for Millstream as determined by this report into the plan for unloading the ravine top of bank. The recommendations provided in the geotechnical report are to support the original proposed subdivision, however the risk to the retained trees and the slope stability has decreased or not changed. The “limit of disturbance” line is intended as the boundary beyond which no ground disturbance, grading or soil removal can occur so as to protect the Millstream SPEA (Figure 2), and the protected trees located within the SPEA.
A geotechnical setback of 6.0 m for all structures is applied for the ravine top of bank in Lot 1 and the unloaded ravine top of bank in lot 2 (See Section 4 – Slope Stability) (Figure 3). The geotechnical report includes a geotechnical setback line along the north side of Lot 1 to protect the off site trees and the steep slopes associated with this area (Figure 3). The proposed geotechnical setback of 6.0 m is based on utilizing conventional shallow spread foundations and other options (e.g., deep foundations) that could allow for construction within the 6.0 m setback provided further review (Ryzuk, 2020).
An update of the Tree Management Plan for Sub-division and Site Servicing (Appendix C – Tree Management Plan) for the sub-division and site servicing phase with ongoing arborist oversight of the design and implementation will be required as the “limit of disturbance” does include small portions of tree root protection zones for protected trees. Detailed design and review of tree protection fencing, and excavation will likely be required for the construction phase.
Undue Hardship
The subdivided lots must have a developable area greater than the 30% allowable footprint of each lot to meet the riparian protection standard (RAPR, Section 10[4]) since this is a greenfield site (less than 70 % human disturbance). A summary of the developable area is provided in the table below:
| Feature | Lot 1 | Lot 2 |
|---|---|---|
| Lot Size (m²) | 2501.8 | 1001.3 |
| Developable Area¹ (m²) | 221 | 194 |
| Site Area (unrestricted)² (m²) | 426 | 279 |
| Allowable Footprint (30% of Site Area) (m²) | 128 | 84 |
| Undue Hardship (Yes/No)³ | No | No |
| Allowable encroachment area into the SPEA (m²) | N/A | N/A |
¹ Developable area is the area outside the SPEA and all naturally and legally restricted areas. ² Site Area (Unrestricted) is the area of the site excluding legally and naturally restricted areas. ³ Undue hardship is ‘No’ because Developable Areas is greater than Allowable Footprint.
The allowable area of these lots does not exceed the developable area of these lots, so the proposed lots are not subject to undue hardship.
Site Visit
Stantec biologists completed a detailed assessment of the site on October 25, 2019, during partly cloudy conditions. No rainfall was recorded at the Victoria International Airport weather station² on the day of the site visit and the last rainfall of note occurred four days prior to the site visit on October 21, 2019 (18.7 mm).
Millstream
Millstream is the primary drainage of the Millstream watershed, which originates in the District of Highlands and flows generally south and southeast to Atkins Ave, where Millstream turns to the northeast until discharging into Esquimalt harbour. Much of the lower 5 km of Millstream and its associated ravine, including a portion of the site, are designated as a sensitive ecosystem (#2936) on the CRD mapping. The Millstream centerline is the eastern property line of the site.
Millstream is known to be a fish bearing stream (Habitat Wizard 2019). with Coho salmon (Oncorhynchus kisutch) presence downstream of a known barrier (culvert) located at Atkins Ave³ and coastal cutthroat trout (Oncorhynchus clarkii clarkia) presence throughout including above the culvert barrier. Other species recorded within Millstream were rainbow trout/steelhead (Oncorhynchus mykiss), three-spine stickleback (Gasterosteus aculeatus), prickly sculpin (Cottus asper), brown catfish (Ameiurus nebulosus, exotic), pumpkinseed (Lepomis gibbosus, exotic), and smallmouth bass (Micropterus dolomieu, exotic). During the site visit, three adult coho salmon (spawning) were observed downstream of transect 1 .
Millstream was measured at 11 transects over 110 m beginning downstream of the site to capture the 75 m of Millstream within the site. Millstream within the survey area has an average channel width of 8.4 m and an average gradient of 1.0%. The channel morphology is riffle-pool and had a sinuous pattern. The dominant substrate of the channel is gravel, and the subdominant substrate is sand. Pockets of fines, cobble and boulder were found at transects 3 and 4. Substrate composition was influenced by the presence or absence of log and debris jams. The height of both right and left channel banks varied within the survey area from low (<0.5 m) to 1.5 m to 3.0 m high. Some of the higher banks exhibited undercutting, erosion and bank scour. The undercut banks were suitable for fish cover (transect 4). Overhanging and instream cover were present throughout the channel in the form of large log and debris jams, individual fallen trees, small woody debris buildup, and overhanging branches and shrubs. A log jam that spanned the channel was present instream between transect 4 and transect 5; it is providing excellent instream fish cover and a deep scour pool .
The site is located within the Coastal Douglas-fir moist maritime (CDFmm) biogeoclimatic zone which is typically defined by Douglas-fir (Pseudotsuga menziesii) with accompanying Western redcedar (Thuja plicata), grand fir (Abies grandis), arbutus (Arbutus menziesii), Garry oak (Quercus garryana), and red alder (Alnus rubra)⁴. Millstream within the survey area has tree cover primarily consisting of red alder, western red cedar, and big leaf maple (Acer macrophyllum). Some western hemlock (Tsuga heterophylla), Douglas-fir and Pacific dogwood (Cornus nuttallii) were also present. Average crown closure over Millstream was 35%. The shrub layer primarily consists of sword fern (Polystichum munitum) and salmonberry (Rubus spectabilis). Some thimbleberry (Rubus parviflorus) and pacific ninebark (Physocarpus capitatus) were also present. The herb layer primarily consists of trailing blackberry (Rubus ursinus), stinging nettle (Urtica dioica), pacific bleeding heart (Dicentra formosa), lady fern (Athyrium filix-femina) and various unidentified grasses. The survey area also had starflower (Trientalis borealis), giant horsetail (Equisetum telmateia), slough sedge (Carex obnupta), and various mosses.
Three invasive species were abundant in the survey area: policeman’s helmet (Impatiens glandulifera), daphne (Daphne laureola.), and English ivy (Hedera helix). Other invasive species found in lower concentrations were morning glory (Ipomoea sp.), periwinkle (Vinca sp.), English holly (Ilex aquifolium), Old Man’s Beard (Clematis vitalba) and creeping buttercup (Ranunculus repens). A single yellow flag iris (Iris pseudacorus), a provincially listed noxious weed, was present.
Roadside Drainage Ditch
There are constructed stormwater drainage ditches along both sides of Atkins Road . The eastern drainage ditch flows adjacent to the site for approximately 15 m. The ditch captures and conveys road runoff. There are no storm catch basins or other municipal storm drainage along this portion of Atkins Road. The ditch was dry and full of leaf litter, with no signs of recent flow or scour. There is a 0.36 m diameter culvert in the ditch at the driveway to 221 Atkins Road.
Stantec reviewed the catchment area, biological indicators, channel characteristics and five years of historical street view images⁵, determining that there is no indication that this ditch contains regular flow. Flow is likely restricted to during and following rainfall events. Any surface flow within the ditch adjacent to the site would flow to the north, cross under Atkins Road approximately 10 m north of the site, prior to Myra Place. Flow would then continue north along the west side of Atkins Road though the culvert under Myra Place where it would join with the flows discharging from the culvert along the north side of Myra Place. The short section of ditch (12 m) north of Myra Place and west of Atkins Road was flowing during the site visit and appears to be wet often, based on the density of instream vegetation and channel scour. This flow then enters a culvert which continues northward under Atkins Road in a storm sewer into 199 Atkins Road, where it is assumed to discharge into Millstream through this recent development’s stormwater infrastructure.
Based on the isolation of the ditch, lack of flow, and lack of historical flow, it is assumed that the ditch section adjacent to the site is non-fish bearing but may convey flow and nutrients to fish habitat under certain conditions.
¹ The original proposed development was for a three lot subdivision including the demolition of the existing home. The geotechnical review was prepared based on the original proposed development. ² https://climate.weather.gc.ca/ Accessed January 2020. ³ Millstream Fishway Project. Peninsula Stream Society. September 2017. http://peninsulastreams.ca/millstream-fishway-project. Accessed April 2020. ⁴ Nuszdorfer, F.C., Klinka, K., and Demarchi, D.A. Chapter 5: Coastal Douglas-fir Zone. https://www.for.gov.bc.ca/hfd/pubs/docs/srs/Srs06/chap5.pdf. Accessed April 2020. ⁵ Google Street view historical imagery. www.google.ca/maps. Years reviewed: 2009, 2011, 2014, 2015, 2017. Accessed April 2020.
Section 2. Results of Riparian Assessment (SPEA width)
Results of Detailed Riparian Assessment
Date: October 25, 2019 Description of Water bodies involved: 2, Millstream and Ditch
| Feature | Count/Type |
|---|---|
| Stream | 1 |
| Wetland | |
| Lake | |
| Ditch | |
| Number of reaches | 1 |
| Reach # | 1 |
Channel Width and Slope
| Channel Width (m) | Gradient (%) |
|---|---|
| 6.05 | |
| 7.50 | 1.0 |
| 10.05 | |
| 8.10 | |
| 5.60 | 0.5 |
| 6.60 | |
| 9.00 | 1.50 |
| 9.00 | |
| 11.40 | |
| 7.70 | |
| 11.70 (upstream) | |
| Total: minus high/low | 75.4 |
| Mean | 8.38 |
| Type | R/P | C/P | S/P |
|---|---|---|---|
| Channel Type | X |
I, Tim Adam, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
Site Potential Vegetation Type (SPVT)
| SPVT Polygons | Yes | No |
|---|---|---|
| X |
I, Tim Adam, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
| Polygon No: | 1 | Method employed if other than TR |
|---|---|---|
| SPVT Type | TR (X) | n/a |
Zone of Sensitivity (ZOS) and resultant SPEA
| Segment No: | 1 |
|---|---|
| LWD, Bank and Channel Stability ZOS (m) | 25.14 |
| Litter fall and insect drop ZOS (m) | 15 |
| Shade ZOS (m) max | 25.14 |
| South bank | Yes (No X) |
| SPEA maximum | 25.14 |
| Ditch | Justification description for classifying as a ditch |
|---|---|
| (manmade, no significant headwaters or springs, seasonal flow) |
| Ditch Fish Bearing | Yes | No |
|---|---|---|
| If non-fish bearing insert no fish bearing status report | |
|---|---|
I, Tim Adam, hereby certify that: a) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; b) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and d) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
Comments
Survey was conducted on October 30, 2019. Stream was assessed starting from the downstream extent, Transect 1.
Results of Detailed Riparian Assessment (Ditch)
Description of Water bodies involved: 2, Millstream and Ditch
| Feature | Count/Type |
|---|---|
| Stream | |
| Wetland | |
| Lake | |
| Ditch | 1 |
| Number of reaches | 1 |
| Reach # | 1 |
Channel Width and Slope
| Channel Width (m) | Gradient (%) |
|---|---|
| 1.50 | - |
| 1.40 | |
| 1.60 | |
| 4.50 (Total: minus high/low) | |
| 1.50 (mean) | - |
| Type | R/P | C/P | S/P |
|---|---|---|---|
| Channel Type | X |
I, Tim Adam, hereby certify that: e) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; f) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; g) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and h) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
Site Potential Vegetation Type (SPVT)
| SPVT Polygons | Yes | No |
|---|---|---|
| X |
I, Tim Adam, hereby certify that: e) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; f) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; g) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and h) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
| Polygon No: | 1 | Method employed if other than TR |
|---|---|---|
| SPVT Type | TR (X) | n/a |
Zone of Sensitivity (ZOS) and resultant SPEA
| Segment No: | 1 |
|---|---|
| LWD, Bank and Channel Stability ZOS (m) | n/a |
| Litter fall and insect drop ZOS (m) | 2 m |
| Shade ZOS (m) max | 2 m |
| South bank | Yes (No X) |
| SPEA maximum | 2 |
| Ditch | Justification description for classifying as a ditch |
|---|---|
| Constructed, seasonal flow, built adjacent to road precisely parallel with road, no significant headwaters or springs |
| Ditch Fish Bearing | Yes | No |
|---|---|---|
| X |
| If non-fish bearing insert no fish bearing status report | No flow, no historical flow. See fisheries resource values. |
|---|
I, Tim Adam, hereby certify that: e) I am a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Riparian Areas Protection Act; f) I am qualified to carry out this part of the assessment of the development proposal made by the developer David McAllister; g) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and h) In carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas Protection Regulation.
Comments
The ditch was measured at three locations adjacent to the site. No flow or sign of recent flow was noted. Leaf litter was built up in the ditch.