Council Report: Soil Permit Application 2020/01 – 7 and 9 Erskine Lane

Council Report

TO: Mayor and Council DATE: June 30, 2020 FROM: J. Chow, Senior Planner MEETING: July 7, 2020 FILE NO.: 3540-20-2020/01

SOIL PERMIT APPLICATION 2020/01 – 7 and 9 Erskine Lane

RECOMMENDATION:

THAT Soil Permit 2020/01 be approved in accordance with the reports and plans attached to the June 30, 2020 report from the Senior Planner titled “Soil Permit Application 2020/01 – 7 and 9 Erskine Lane;”

AND THAT Soil Permit 2020/01 include the following conditions:

1. Compliance with the requirements of Soil Deposit/Removal Bylaw, No.869, 2013 as amended.
2. Issuance of a Tree Permit with a tree protection plan is required prior to beginning work around the protected root zones of trees to be retained.
3. Permit expiry one year from the date of issuance.
4. At completion: a. A qualified Professional Engineer or Geoscientist must provide certification of slope stability and confirm there is no net increase in offsite surface drainage. b. Permit security may be used to vegetate or otherwise cover remediation areas to discourage non-invasive plant species.

AND FURTHER THAT Soil Permit 2020/01 be issued upon receipt of a receiving a security deposit of $4,000 to ensure compliance with the conditions of the permit.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

PURPOSE:

To consider a soil permit to remove 2250m3 of soil as part of contaminated site remediation.

BACKGROUND:

The 5340m2 property at 7 Erskine Lane was the site of a boat yard for over 50 years and a slaughterhouse for nine years before that. Contaminated fill was found on the property and some of the contamination has migrated on to the neighbouring property at 9 Erskine Lane.

The applicant has received approval for independent site remediation from the Provincial Contaminated Sites Branch. This allows applications for rezoning, development permits and building permits to be processed.

The Town issued a soil permit in 2018 to allow soil removal. That permit has expired. A development permit application is being prepared for 7 Erskine Lane and the applicant would like to proceed with soil removal now so that site contamination issues can be resolved in time for construction.

PROPOSAL:

The proposal is to remove approximately 2250m3 of soil as part of a contaminated site remediation program. An excerpt of the site remediation plan can be found in Attachment 2. There is approximately 1500m3 of fill along the slope at the south east end of 7 Erskine Lane and 750 m3 of surficial soil (approximately 2.5m deep at most) as shown in Attachment 3. The route is for loaded trucks to access Trans Canada Highway via Watkiss Way and Helmcken Road as shown in Attachment 4. The soil would be barged to a treatment facility in Burnaby.

DISCUSSION:

A soil permit allows soils to removed from or deposited on a property when no development permit or building permit has been issued. In this case, the soil removal would be supervised and signed off by a Professional Engineer in accordance with Provincially approved protocols for independent site remediation.

There are approximately 11 trees on the property. As the development permit process has not yet begun, all the trees are considered protected in accordance with the Tree Protection Bylaw. It is expected that at least two trees will have to be removed because much of the soil within the protected root zones is contaminated. This will trigger the requirement for replacement trees or cash in lieu.

Conditions

Removal of contaminated fill on the south slope adjacent to Erskine Lane would restore the natural grade, and site studies indicate removal of surficial soil elsewhere is not expected to be more than 2.5m in depth. It is recommended that the permit require certification of slope stability and no net increase in offsite drainage impacts at the completion of the work.

The standard requirements Soil Deposit/Removal Bylaw, No.869, 2013 cover neighbourhood impact and compliance issues, including the following:

1. Soil deposit and removal activities: a. May not obstruct, divert, impede the flow of, damage or destroy any watercourse, ditch, drain, sewer or water utility, or domestic water well. b. May not interfere with the operation of any utilities, works or services, structures, buildings, or improvements. c. May not contravene any bylaw of the Town. d. May not result in Soil on the lands or on adjacent lands becoming susceptible to erosion, slippage, landslides, slumping or settling. e. May not occur on a Sunday or a Holiday. f. May not occur outside the hours between 7am and 6pm. g. May not be likely to result in the escape of dust, dirt, or noise from the lands on which the activity is occurring to adjacent parcels or highways, to an extent that can reasonably be considered to interfere with such uses of the parcels as are permitted by the Land Use Bylaw or with the use of the highways for highway purposes. h. May not result in the growth of invasive plant species on the lands that are subject to the Permit as a consequence of the presence of seeds, roots, cuttings or other plant fragments in soil or other material deposited on the lands.
2. Provision of a security deposit [of $4000 based on the proposed volume] to ensure permit compliance. In case the actual amounts are higher, s.258 of the Community Charter also allows municipalities to recover amounts for work done or services provided arising from default to be collected in the same manner and with the same remedies as property taxes.
3. Monthly and year end soil volume quantity reporting.
4. Immediate repair of all damage to Town drainage facilities, roads, lanes, or other Town property.
5. No deposit of soil on a highway.
6. Activities may not encroach upon, undermine, or physically damage any adjacent property.

No lane closures or blockages are proposed. If there are any, traffic management will be required by the Town.

Term of Permit

Council may set a term of up to one year for the permit. It is recommended that the permit be valid for one year in case complexities arise. After contaminated soil is removed from a site, further site testing is conducted, and sometimes additional soil must be removed. Soil Deposit/Removal Bylaw, No.869, 2013 allows staff to renew the soil permit if necessary.

RECOMMENDATION:

THAT Soil Permit 2020/01 be approved in accordance with the reports and plans attached to the June 30, 2020 report from the Senior Planner titled “Soil Permit Application 2020/01 – 7 and 9 Erskine Lane;”

AND THAT Soil Permit 2020/01 include the following conditions:

1. Compliance with the requirements of Soil Deposit/Removal Bylaw, No.869, 2013 as amended.
2. Issuance of a Tree Permit with a tree protection plan is required prior to beginning work around the protected root zones of trees to be retained.
3. Permit expiry one year from the date of issuance.
4. At completion: a. A qualified Professional Engineer or Geoscientist must provide certification of slope stability and confirm there is no net increase in offsite surface drainage. b. Permit security may be used to vegetate or otherwise cover remediation areas to discourage non-invasive plant species.

AND FURTHER THAT Soil Permit 2020/01 be issued upon receipt of a receiving a security deposit of $4,000 to ensure compliance with the conditions of the permit.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

REVIEWED BY: Lindsay Chase, MCIP, RPP Director of Development Services

ATTACHMENTS

1. Location plan
2. PSI, DSI & Remediation Plan – Islander Engineering, April 2018 (22 pages)
3. Cross Section Plan (Areas/Depths of Contaminated Soils) – Islander Engineering, April 2018
4. Soil Transport Route