City
of Nanaimo Sub-Agreement B MOU
Subagreement
B - Attachment 1:
CRITERIA
AND METHODS FOR REVIEW AND REFERRAL OF DEVELOPMENT APPLICATIONS
Watercourses:
|
TYPE
OF IMPACT
|
WATERCOURSE
TYPE
|
|
FISH
BEARING
|
NON-FISH
BEARING;
TRIBUTARY
TO FISH BEARING
|
NON
FISH BEARING AND NOT TRIBUTARY
|
MARINE
|
|
RIPARIAN
|
MINOR
Riparian
Ecosystem Features and Functions not compromised
|
Environmental
Coordinator (EC) handles**
(**May
bring to Coordination Meeting (CM) for information purposes
or suggestions)
|
|
MODERATE
Potential
impact to some Riparian Ecosystem Features and Functions
(Requires
mitigation measures)
|
EC confirms
senior agencies requirements are addressed
|
EC handles
**
|
Same as
for Fish Bearing
|
|
MAJOR
Potential
loss of most or all Riparian Ecosystem Features and Functions
(Requires
mitigation and compensation measures)
|
EC brings
to CM:
- parties
review and determine requirements
- written
response from senior agencies required
- DFO
makes decision on Sec.35(2) Authorization under Fisheries
Act.
|
EC handles
**
|
Same as
for Fish Bearing
|
|
IN-STREAM
(below High-water-mark)
|
MINOR
Potential
impact to aquatic habitat
(Requires
mitigation measures)
|
EC brings
to CM :
- parties
review and determine requirements and response format from
senior agencies
- EC
sends Sec. 9 application to B.C.E
|
- EC
confirms senior agencies requirements are addressed
- EC
sends Sec. 9 application to B.C.E
|
EC handles
**; sends Sec. 9 application to B.C.E
|
Applicant
sent directly to DFO
(Activities
below HWM are not in City jurisdiction)
|
|
MAJOR
Potential
loss of aquatic habitat (Requires mitigation and compensation
measures)
|
EC brings
to CM:
- parties
review and determine requirements
- written
approval from senior agencies required
- DFO
makes decision on Sec.35(2) Authorization under Fisheries
Act
- EC
sends Sec. 9 application to B.C.E
|
EC handles
**; sends Sec. 9 application to B.C.E
|
Applicant
sent directly to DFO
|
Other Environmental
Matters:
|
Item
|
Action
|
- Impact
to nest or habitat of any birds protected under the Wildlife
Act
|
EC refers*
to B.C.E for conditions for protection under the Act
|
- Impacts
to ESAs other than watercourses
|
EC may
refer* to B.C.E for comment
|
- Development
of land subject to flooding
|
EC refer*
to B.C.E for approval under Sec.82 of the Land Title Act
|
- Emissions
to air, water or land
|
Applicant
sent directly to B.C.E for review under Waste Management
Act
|
*Referral may
be by bringing forward at a Coordination Meeting or by direct communication
with appropriate staff.
Subagreement
B - Attachment 2:
DEFINITIONS
"Development"
or "development activity" means any activity carried
out in the process of preparing a site, erecting structures or providing
services for human use, and includes:
- the cutting
or removal of trees;
- clearing
or disturbance of vegetation;
- grading,
removal, deposit or moving of soil or other material;
- construction
of a new structure or expansion of an existing structure;
- paving, landscaping;
- installation
of drainage or underground services.
"Environmentally
Sensitive Area (ESA)" is defined as in the City of Nanaimo's
Official Community Plan Bylaw 6000, where it means "areas that
provide productive fish or wildlife habitat; contain sensitive,
rare or depleted ecosystems and landforms; and represent sites of
Nanaimo's natural diversity that are in danger of disappearing."
"Fish
habitat" is defined as spawning grounds and nursery, rearing,
food supply and migration areas on which fish depend directly or
indirectly to carry out their life processes;
"Riparian
ecosystem features and function" has the same meaning as
the definition of "natural features, functions and conditions
that support fish life processes" under the Streamside Protection
Policy Directives of Section 12 of the Fish Protection Act.
This definition includes:
- large organic
debris that falls into the stream, or streamside area, such
as logs, snags and root wads;
- areas for
channel migration, including active flood plains and alluvial
fans;
- side channels,
intermittent streams, seasonally wetted contiguous areas and
floodplains;
- the multi-canopied
forest and ground cover adjacent to streams that:
- moderates
water temperatures;
- provides
a source of food, nutrients and organic matter to streams;
- establishes
root matrices that stabilize soils and streambanks thereby
minimizing erosion
- buffers
streams from sedimentation and pollution in surface runoff;
- natural
source of stream bed substrates; and
- pervious
surfaces that permit infiltration and moderate water volume,
timing and velocity and maintain sustained water flows in streams,
especially during low flow periods.
"Watercourse"
is defined as in the City of Nanaimo's Zoning Bylaw No. 4000, where
it means "any drainage course or source of water, whether usually
containing water or not, and includes any lake, river, creek, spring,
wetland, the sea, or source of ground water and includes portions
that may be contained within a conduit or culvert."
"Watercourse
Development Permit Area" (WDPA) is the bed and bank of
a watercourse and its associated leave strip, as indicated in Schedule
B "Development Permit Areas and Sensitive Areas" of the
City of Nanaimo's Bylaw 6000, the Official Community Plan.
Nanaimo MOU Sub-Agreement
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