Refer to the Documents.
Cosmetic Alteration can't prevent Sewage Seepage into Sugar Lake
Privatizing the Revenues - Socializing the Costs
Although Kokanee Lodge, now being marketed as Merganser Bay Resort, will NOT be discharging effluent DIRECTLY to water, the development's
sewage plans still leave us concerned (c'mon, alarmed!) for the long-term water quality of Sugar Lake and the Middle
Shuswap River downstream.
The Regional District say that provincial government ministries are permitting the current process. The federal
and provincial agencies assure us that pollution will not occur.
Either something is illegal, or what's legal should be made criminal.
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Refer to the Documents.
STATUS - December 18, 2008
- Crown Land license: In February 2007 the developer applied (File #3411504) to the
ILMB for land adjacent to the current development. In December 2007 ILMB offered the property.
“An effluent discharge field, along with associated treatment facilities is the only approved use of
the Crown land. [...] The tenure has been
offered subject to the applicant meeting certain conditions as identified by [...] local government.”
The
developer has cleared that to the water edge. What happened to Riparian Area Regulations?
- MoT Decision: The Ministry of Transport has withheld approval for the development as
originally specified. Although nothing has changed in this respect, the Superintendent of Real Estate has acknowledged
a new Disclosure filing under FICOM, this time by the Merganser Bay company, which evidently permits another 9 months
of selling activity.
- Developer's lawsuit: In June 2007 the developer filed a 38-point law suit in the BC supreme court
against NORD and two of its planners. This was an attempt to acquire the campground and building permits
withheld by NORD in January, and to invalidate the zoning by-law and OCP June amendments.
In August, all 38 points of the lawsuit's petition were dismissed. However the developer
appealed this decision, and NORD came to a settlement agreement, in camera in April 2008.
- Permit Applications: On January 10 2008, NORD resolved not to permit any
construction on the site, e.g. proposed sewage treatment facility, campground additions, foundations
for cabins. But with a legal settlement agreement in place, an alteration of sewage plans drawn up, and a
development permit extension already approved in camera, the developer has overcome the major
obstacle to his plans. We have submitted a request for access to records under FIPPA to ascertain what permits
have been issued.
- Water supply: Interior Health, while having no jurisdiction concerning the facility because of
its size, has conditions to be met for any expansion of the current water supply (wells or licenses)
at the development. These conditions are stringent, indeed onerous, and will forbid certain construction
until addressed. We'll pursue this line of inquiry should the development proceed this far.
- Bylaw changes: In June 2007 NORD amended the OCP governing the development’s rural Area
(‘E’), as well as the zoning by-law governing all of the Regional District. The amendments
prohibit private developments from discharging sewage directly to water.
- Appeal: The Appeal has been terminated because there is a new Registration
under the M.S.R. for the latest plan, which does not discharge directly to water.
Refer to the Documents. |
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