Staff Report: Soil Permit Application 2018/01 – 7 Erskine Lane

Planning & Development Report

TO: Mayor and Council
DATE: July 12, 2018
FROM: J. Chow, Senior Planner
MEETING: July 17, 2018
FILE NO: 3540-20-2018/01

SOIL PERMIT APPLICATION 2018/01 – 7 Erskine Lane

RECOMMENDATION:

THAT Soil Permit 2018/01 be approved in accordance with the reports and plans attached to the July 12, 2018 report from the Senior Planner titled “Soil Permit Application 2018/01 – 7 Erskine Lane”;

AND THAT Soil Permit 2018/01 include the following conditions:

1. Compliance with the requirements of Soil Deposit/Removal Bylaw, No.869, 2013.
2. There shall be no washing and crushing of contaminated soils.
3. Issuance of a Tree Permit with a tree protection plan is required prior to beginning work around the protected root zones of trees.
4. The permit expires one year from the date of issuance.
5. At expiry of the permit, if a development permit or building permit has not been issued: a. the remediated areas be vegetated or ground covered to discourage non-invasive plant species in disturbed areas, b. Certification of slope stability no net increase in offsite drainage by a Professional Engineer, Geoscientist, or Certified Hydrologist as appropriate.

AND FURTHER THAT Soil Permit 2018/01 be issued upon:

1. Receiving a security deposit of $4,000; and
2. Approval from the Ministry of the Environment and Climate Change in regard to the Environmental Management Act and Contaminated Sites Regulations.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE:

To consider a soil permit to remove over 2250m² of contaminated soil as part of contaminated site remediation.

PROPOSAL:

The 5340m² subject property was the site of a boat yard for over 50 years and a slaughterhouse for nine years before that. A rezoning application has been submitted to the Town and a concurrent proposal for independent site remediation has been submitted to the Contaminated Sites Branch to address site contamination issues. An excerpt of the site remediation plan can be found in Attachment 2. The proposal is to remove 2250m² of contaminated soil comprised of 1500m² of fill along the slope at the south end of the site and 750 m² of surficial soil (approximately 2.5m deep at most) as shown in Attachment 3.

Some surficial contamination has migrated onto the neighbouring property at 9 Erskine Lane. The neighbouring property owner has been notified in accordance with the Contaminated Site Regulations and has consented to have that land remediated as part of this proposal as per the submitted plans. The conclusion from soil sampling and testing is that the contamination has not migrated into the road or Town owned property. Additional soil removal may be necessary if it has.

Transport of the soil offsite for barging to a permitted facility is expected to be conducted over one week. Staff understands that the developer’s intent, if the rezoning application is successful, is to begin site remediation while proceeding through the development permit and building permit process so that onsite contamination issues will be resolved in time for construction to begin. Remediation of the soil is necessary for any use of the site other than industrial.

DISCUSSION:

1. Permit Conditions

Soil deposit and removal permits are to be issued in accordance with the Soil Deposit/Removal Bylaw, No.869, 2013. There are concurrent spheres of authority with Provincial regulations (Contaminated Sites Regulations take precedence) but Council generally has discretion over the following:

A. Permit Conditions a. Final slopes, erosion control, drainage, and restoration b. Method of Extraction and Processing c. Location of access d. Environmental impacts

Slopes, Erosion Control, Drainage, and Restoration No significant geotechnical issues or severe slopes are expected because removal of the contaminated fill on the south slope adjacent to Erskine Lane would restore the natural grade, and the removal of surficial soil elsewhere on the site is not expected to be more than 2.5m in depth in the deepest area of contamination. It is recommended that the permit require certification of slope stability and no net increase in offsite drainage impacts at the expiry of the permit, unless a development permit or building permit has been issued. If development is not imminent, vegetation or ground cover that discourages invasive plant species is to be installed in the disturbed areas.

Method of Extraction and Processing Soil removal activities can involve sorting, washing, and crushing. As this is contaminated soil, washing and crushing should not be permitted. On site sorting and screening is a common construction practice to separate garbage and larger rocks as from finer material to balance loads.

Access and Traffic Management The existing driveway would be used for access to the site. The route would be from Erskine Lane to Watkiss Way which is designated as a Major Road. There is no alternative. No lane closures or blockages are proposed. If any arise, traffic management will be required.

Environmental Impacts There are approximately 11 trees on the property. As the development permit process has not yet begun, all of the trees are considered protected in accordance with the Tree Protection Bylaw and a Tree Permit is required. It is expected that at least two trees will be removed as the soil within the protected root zones is contaminated. This will trigger the requirement for replacement trees at a ratio of 2:1. Tree protections plans require fencing to protect trees from machinery and other impacts and require arborist supervision for work within protected root zone.

The site is not within an Environmental Development Permit area or a Riparian Assessment Area.

B. The Term of the Permit Council may set a term of up to one year for the permit. It is recommended that the permit be valid for a full year to allow adequate time conduct the work as there can be complexities in remediating contaminated sites and because the rezoning application has not proceeded to the bylaw phase yet. The ideal time for soil removal is the dry season. Soil Deposit/Removal Bylaw, No.869, 2013 allows staff to issue a renewal in compliance with Bylaw and terms of the approved permit with updated drawings, specifications and deposits to reflect any material changes to site conditions.

2. Bylaw Requirements

The requirements of Soil Deposit/Removal Bylaw, No.869, 2013 cover neighbourhood impact and compliance issues, and include 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; or 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 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. The maximum security amount permitted by the Town’s bylaw is $4000.
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. Soil may not be deposited upon a highway.
6. Activities may not encroach upon, undermine, or physically damage any adjacent property.

Approval from the Ministry of the Environment and Climate Change (Contaminated Sites Branch) is required prior to permit issuance. Public notification of the permit is not required by provincial legislation or Soil Deposit/Removal Bylaw, No.869, 2013.

RECOMMENDATION:

THAT Soil Permit 2018/01 be approved in accordance with the reports and plans attached to the July 12, 2018 report from the Senior Planner titled “Soil Permit Application 2018/01 – 7 Erskine Lane”;

AND THAT Soil Permit 2018/01 include the following conditions: 6. Compliance with the requirements of Soil Deposit/Removal Bylaw, No.869, 2013. 7. There shall be no washing and crushing of contaminated soils. 8. Issuance of a Tree Permit with a tree protection plan is required prior to beginning work around the protected root zones of trees. 9. The permit expires one year from the date of issuance. 10. At expiry of the permit, if a development permit or building permit has not been issued: a. the remediated areas be vegetated or ground covered to discourage non-invasive plant species in disturbed areas, b. Certification of slope stability no net increase in offsite drainage by a Professional Engineer, Geoscientist, or Certified Hydrologist as appropriate.

AND FURTHER THAT Soil Permit 2018/01 be issued upon: 3. Receiving a security deposit of $4,000; and 4. Approval from the Ministry of the Environment and Climate Change in regard to the Environmental Management Act and Contaminated Sites Regulations.

SUBMITTED BY: Jeff Chow, MCIP, RPP Senior Planner

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