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FLOODING and WINDTHROW Photos flooding

Legislation The DILTC and Islands Trust are responsible for land use planning, drainage restrictions and subdivision servicing.

1. Land Use Bylaws OCP 47, 73 Komas Bluffs pg 60-65 Land Use Bylaws contain all the regulations that govern the use and density of the land, as well as other regulations such as setbacks, height restrictions, parking requirements, signage restrictions, drainage restrictions and subdivision servicing.

In the OCP the DILTC is responsible for:

a) Objective 5 To maintain existing Island roads in a manner that preserves roadside flora and avoids alteration or contamination of surface water flows

b) Objective 6 To reduce the negative impact of new and upgraded roads on the resource lands (such as the Agricultural Land Reserve and Forest Land Reserve)

c) Transportation and Utilities - Policies ROADS Policy 7 The Local Trust Committee should work with Ministry of Transportation and Infrastructure at the time of subdivision to promote road design that reduces negative impacts on environmentally sensitive areas and resource lands and preserves the scenic quality of the area. Policy 11 The Local Trust Committee should oppose the construction or placement of new roads in areas where road work may undermine cliff-sides or areas that could be damaged by slippage and erosion.

2. Bylaw 87 A POLICY STATEMENT FOR THE TRUST AREA 222

Recommendations 4.1.10 Trust Council encourages the Ministry of Transportation to ensure that, where a road must sever agricultural land to provide access to lands beyond, the road is built to the minimum standard necessary to service that land.

Commitments of Trust Council

5.3.1 Trust Council holds that local trust committees and island municipalities should be consulted and involved in the decision-making process regarding provision of utilities, transportation services or facilities that might affect land use in their local planning areas.

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5.3.5 Local trust committees and island municipalities shall, in their official community plans and regulatory bylaws, address the impacts of road location, design, construction and systems.

5.3.9 Trust Council encourages the Ministry of Transportation and local communities to work together through a public consultation process to evaluate and modify road construction and road system proposals to encompass the environmental, economic and social values of the community.

Directive Policies concerning agricultural land

4.1.4 Local trust committees and island municipalities shall, in their official community plans and regulatory bylaws, address the identification and preservation of agricultural land for current and future use.

4.1.5 Local trust committees and island municipalities shall, in their official community plans and regulatory bylaws, address the preservation, protection and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses.

4.1.7 Local trust committees and island municipalities shall, in their OCPs and regulatory bylaws, address the design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture.

3. The DILTC and Islands Trust rely on section 540 Division 6 of the Local Government Act as their authority to regulate drainage under the Denman Island Official Community Plan

d) Section 543 2 (f) allows the installation of culverts to protect roads/highway from damage by water.

Section 543 (3)(4) requires that the board by bylaw define the channel bed or stream ( natural watercourse) into which the culverts flow and the watercourse plan be registered.

4. Use of agricultural land reserve 228 20 (1) A person must not use agricultural land for a non-farm use unless permitted by this Act, the regulations or an order of the commission. Flooded land is non farm use

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History of Flooding

2. Excessive amounts of water were dumped on the Ellis lands causing a series of problems with the remaining trees (windthrow), the bluff face, erosion and Ellis’s ability to farm the property. Ellis has continually pleaded that this excessive water has damaged his land. The affidavits of Dustin Prowse and various professional reports (EBA, Sofor) were ignored in the 18a application. There is now 3rd party evidence (and the history of time) that shows the lands were flooded.

3. In 1991 the DILTC approved subdivision servicing to the Radcliffe subdivision. Subdivision servicing included the extension of Swan road across the now Ellis/Stoneman properties. 102a Robin Storkey June 3, 2004 internal letter from Robin Storkey, of the Moth to Sandy Baird

"To the south, there a two ditches that originate on the west side of Swan Road and cross in a culvert onto Pt.A & Pt. B, plan 74719." "In order for the water to drain from the upland properties the developer had to provide adequate drainage on the upland side of the new road grade and across it. The location of these crossing would have been established as being natural drainage course or a natural low area." It was neither of these, as there was no defined natural drainage area at that location on the Ellis lands, and the natural low area was an extension of Swan Road down to the natural drainage course of Falongley Creek. Map 221

4. In the extension of Swan Road, no requirement or provision was made for restricting,

confining and conveying highways ditch water to the nearest natural water course or for the protection of agricultural land contrary to the OCP. flooding

5. Even though there was a road easement on the north of the property that coincided with an

outfall and Swan Road to the south offered a suitable ditch to take the water to a natural watercourse. Islands Trust decided to dump drainage on the “Lands.” flooding

6. As a result of the Trust failure to address drainage in road construction it MoT says it became the responsibility of owners east of Swan Road to address road drainage over the bluff.

“these drainage courses as they cross private properties and over the bank into Lambert Channel are exclusively the responsibility of the owner.” 102a What do I do with this water under Riparian rights I have the right to divert this water on my property 211

7. Islands Trust placed the Komas Bluff DPA on the Lands under 919(1)(b) yet they are flooding it

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(7.1) For land designated under section 919.1(1)(b), a development permit may do one or more of the following: (a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section

8. Jan 1, 1987 COASTAL ENVIROMENT AND COASTAL CONSTRUCTION, A DISCUSSION PAPER, Elevations and Setbacks by B. Holden P. Eng, Coastal Engineer, Ministry of Environment and Parks, 1987, 15 DILTC say they used this report for the Justification of the Bylaw 111. 192.1 DILTC allowed Highways ditches to flood the land (and allowing the upslope land to be clearcut) they would be contrary the local government act 7.1 directing water onto an area subject to flooding. Had DILTC used the Holden Report it states exacerbating drainage would be contrary to 7.1

If the groundwater and/or drainage is exacerbated, then the erosion rate could be expected to increase. Pg 30 “

This protection should cover at least the full extent of the setback and specify that water table or runoff patterns not be changed adversely. Pg 15

9. On June 2002 EBA engineering predicted unenclosed ditch water discharging over the bluff

on the Ellis properties would cause landslide. There is nowhere else for the water to go. June 2002, EBA Report , Preliminary Slope Stability Assessment, Bob Patrick , 62 Two drainage ditches have been excavated which run along proposed new lot boundaries from Swan Road to top of bank ,ditches were dug to facilitate Ellis farm operations,

“the water discharging from the two existing ditches will result in erosion/shallow failures which will cause localized regression of the slope. To mitigate this, the discharge could be collected into a pipe which extends down the slope.”

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10. In September 2003, on an adjacent property environmental consulting, Econ, proposed that MoTH alter ditching and culverts under Swan road to eliminate soil saturation, high water table and damage to Lot 4 of the Radcliffe subdivision. Moth replied that drainage was to a natural watercourse identified in DILTC bylaws. 74 In that case they were right as there was a natural watercourse identified by DILTC.

Wollenheim RPF , “The increase of the water table over the years is detrimentally affecting the site productivity and tree growth, and has made the stands susceptible to blowdown, which occurs now frequently”

11. Wollenheim supplies a map that shows water draining from Highways ditch onto Ellis lands. 74a

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12. Oct 30,2003 Ellis gets -Planting Recommendations for Erosion Control for Ellis Property prepared by Madrone Environmental Services Ltd. Report 79 notes the “exposed clear cut edge”

3.1 Recent Land Use Recent windthrow on the site has likely been the result of trees finding themselves on an exposed “edge” following the clear cut logging that took place in 2000.

13. In Dec 2003 a slump happened at the highways ditch outfall on the lands flooding pg 1 right bottom corner

14. Stephen Hume column in Vancouver Sun, Kennedy, Holm, Bell, the Clayquot group 84

blames it all on Ellis

Hume observes “the slump appears to surround water falling from a notch in the lip of the bank” this slump is the end result of 10 million gallons of water a day being directed to wards it.. Louise Ellen Bell tries to blame this slump on Ellis’s farm clearing “a complaint about a possible incursion into a 50m bluff top forest buffer mandated by the Islands development bylaws”. Eventhough this “50m bluff top forest buffer” was the downslope recipient of all the highways runoff water. Kennedy and Holm and Ellen Bell (Clayquot protesters convicted of contempt) Start of a media campaign against Ellis which was continued in the local media to push the DILTC.

15. DILTC commissions a expert witness report In January 2004 F. Marzari to Bob Gerath, Jan 2004,Expert Advice, DILTC vs Ellis, S011090 85

This report confirmed Highways ditches

“water was discharging from two existing ditches from the road on the property out to the edge of the bluff”. Before undertaking litigation Marzari asked Gerath for a report that discredited Madrone Report , she did not think windthrow was a factor We do not seek to discredit the credentials of the author of the Madrone Report unless you advise us otherwise.

16. Department of Fisheries and Oceans take an interest in the slump and visit the land ,

Marzari falsely tries to tell them it is Ellis’s fault, she does not tell them of the flooding. 86 DFO calls it inherited liability from clearcutting and collection ditches.

17. January 2004 Franchesca Marzari 87 threatened further litigation if Ellis ditched (farm

preparation) anywhere on the “Lands”. This further saturates the land.

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DILTC is in contradiction of the ALC act concerning prohibiting farming on lands outside of a DP area. Ditching is an integral part of farming. Ministry of Agriculture documents Drainage Is defined as the practise of providing channels such as open ditches to remove excess water from the surface of the land. 83

18. Feb 2004 Flagstone Article by Des Kennedy and Harlene Holm “Disaster at Komas Bluffs”

89 start a campaign to discredit Ellis Kennedy Member DCA legal team suing 4064 for Komas Bluff covenant. Holm former trustee knows Ellis land never justified by Holden –blames Ellis

19. Feb 22, 2004, Sofor Consultants confirmation of plantings recommended in Madrone

report 91 statements on flooding and windthrow

page 2 Also, the clearcut areas and subsequent clearing of land have raised the water table within the buffer areas

page 2 It is well known that the edge of forests adjacent to a clear-cut are more susceptable to blow down as a continuous forest acts as a wind break.

10 trees were observed to be blown down within the remaining 50m buffer zone including a large cedar with a shallow root system.

the soils are shallow and prone to saturation. Thus an obvious difference in root structures.

page 3 Also, a number of trees on the very edge of the bluff show the roots being exposed by the erosion of the bank and the trees almost hanging over the edge of the bluff, These trees are extremely prone to blow-down by wind during winter storms

All of the above factors would contribute to destabalizing the standing trees within the 50m buffer zone and make these trees suseptable to blow down.

20. On March 19, 2004, Mr. Ellis wrote to Robin Storkey, Ministry of Highways 96 requesting

alteration of Highways ditches to stop drainage onto his land. There was no response. The natural low was to extend the ditch down Swan Road, there was no public easements or registered natural easements on the Ellis property.

21. March 29 2004 fax, F. Marzari to Larry Park, Dept of Highways 96a F. Marzari asks for any plans for Ellis property. Larry Park states there is no drainage easements on title or road dedications for property. Marzari supplies Ellis maps (from his request to reroute the water just 10 days earlier). Marzari now knows highways/Islands Trust water is being dumped on Ellis land.

22. June 2004, Dennis Forsyth, President Denman Island Ratepayers wrote to Peter Wrightman, Highways and DILTC 102 concerned “about torrents of water from two culverts which direct runoff under Swan Road, disastrous to the Stability of Bluff” DILTC now has 3 sources describing the flooding.

23. DILTC commissions another report June 8, 2004, R.N. Green R.P.F. Expert Advice on Windthrow of Forested Buffer Re: Denman Island Trust v. Francis Dean Ellis, Litstone,

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Young, Anderson File No. oooo2-0506 103 Green says no windthrow, does not visit land, no mention of water. The Judge believes Mr Green’s report which now is oncorrect in terms of the known flooding of the property.

[23] Numerous photos that are in evidence, including aerial photos, document the very significant loss of forest cover within the buffer zone up to 2004. In his June 8, 2004 report, Robert Green, RPF estimates that about 75% of the forest cover of the buffer zone was removed between 2002 and 2004. This estimate appears to be a reasonable one on the evidence. [24] I am also satisfied on the evidence that only a tiny proportion of the clearing could conceivably have been wind-throw. The thinning of the forest cover does not coincide with periods of high wind, and it appears that the buffer survived strong storms in the winters of 2000-2001 and 2001-2002 without material degradation. Indeed, other buffer zones on the island have survived intact since the 1980s. It is

inconceivable that the buffer was destroyed by wind. Judge Groberman .

24. Mr Green from an office in Vancouver determined that windthrow would not have been a cause of loss of forest cover. His report ignored

a. the condition of the stand of trees prior to his report b. the type of photography used -- Mr Green could not determine the

condition of the stand prior to windthrow c. Mr Green did not know the extent of the highgrading or removal of a

“few trees” by the previous owner Thompson 107 Mr Green did not know the extent of the flooding of the Ellis lands from Highways ditches (upward to 25 million gallons of water per day) flooding

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d. Mr Green in 4.4 Condition of a Forested Buffer at the North End of Denman (Henry Bay) says that buffer had remained intact. Had Mr Green actually visited the sites he would of found the Henry Bay buffer was on land sloping the opposite way than the Ellis property. The Ellis property slopes towards the bluff thus all water from the clearcut in 2000 is directed on the bluff plateau. The collection area is approxiamately 200 acres.The trees left in the buffer form a dam. Whereas at Henry Bay the slope is away from the clearcut edge. Henry Bay is on the other side of the island with a completely different soil type, drainage pattern, species mix, the stand was not highgraded and there is a different wind pattern. This evidence was introduced by Des Kennedy DCA in an article he wrote about Ellis. Holden Map 19 left corner 104 Thurber map page 2

e. Mr Green ignored the statement by Department of Highways that water was directed onto the Ellis lands. 102a

f. Mr Green’s report ignored the affidavit of Dustin Prowse 110 g. Mr. Greens report ignored the findings of the Sofor Report, Grant Scott

RPF. 91 h. Mr Green ignored the The BC Forest Manual on Windthrow 24

confirms windthrow damage as a result of saturated soils and puts this land as a high hazard to windthrow , The land had been logged

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previous to Ellis farming, a compromised 50 meter leave strip had been left. In the Windthrow Handbook of BC there are many references to trees growing on shallow or poorly drained soils. Once 1 trees blows over that compromises others are the water paths and saturation increase.

Soil Characterisitcs It notes the increase windthrow on saturated soils, wet soils not having shear strength to supply sufficient anchorage and soil factors that control rooting depth contribute most significantly to the risk of windthrow.

In 4.5 Meteorological Conditions Prolonged storms allow more time for the swaying bole to break roots and loosen anchorage. Windthrow is often more severe during storms when soil has been wet by previous heavy rainfall.

In Table 1. Windthrow hazard evaluation pg 17 my land would all be in the HIGH HAZARD classification.

i. Mr Green did not determine the species mix left on the lands contrary to professional reports Riparian Windthrow Northern Vancouver Island

There is also an apparent relationship with the dominant tree species present in the various riparian strips. Stands dominated by hemlock appear to be more vulnerable to windthrow than either cedar or balsam fir. Pg 139 The cedars and firs had been highgraded by Thompson leaving the low value hemlocks.

j. Mr Green ignored the rainfall conditions as documented by Gerath/Thurber 104

It should be noted that record rainfalls occurred in the Vancouver and Victoria areas in mid-October 2003. This activity caused severe flood damage in the Pemberton areas triggering multiple debris landslides and debris flows in the Hatzic Valley near mission. It is possible that record rains caused some erosion or landslides on the Bluff

k. Mr Green referenced a Forested Buffer 33 times in his report, when there is no buffer in the bylaw, a buffer is an environmental setback, the bylaw is for the protection of development

25. June 2004 The Thurber Engineering expert report 104 determined that changed hydrology caused by logging and farming of the entire plateau dramatically increased seepage to the bluff caused bluff instability. If one reads his reports carefully it can be seen the real reason for the erosion was flooding from highways ditches.

Page 5 “When saturated this soil has little strength and it deforms under gravitational soil movements, such as soil creep and sliding”

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Page 6 Near-surface plateau groundwater is intercepted in ditches along Swan Road and some of it is redirected to the Bluff Crest in new ditches across the land.

Page 7 map shows seepage zone under surface tillPage 15 higher rates are likely at the ditch outfalls. It may be difficult to secure permits to intercept Swan Road drainage from the head of the ditches so as to shunt the water southward to other discharge sites.

“In your opinion, is the Disturbance the natural result of wind, drainage or other weather conditions?”(page 14)

“I do not have forestry expertise needed to evaluate the possibility that natural wind occurrences caused specific damage, My opinion regarding adverse impacts of uncontrolled discharges of ditch water over the Bluff crest are noted above, as have probable adverse effects of increased groundwater discharge along the crest.”

Pg 15 5.7.1 Land Use Considerations septic field designs will be severely constrained by the thin plateau gravel overlying the impermeable till -this means the water flows down this till layer towards the bluff

Bob Gerath draws a diagram that shows the water seepage destabilizing the bluff page 5

26. Thurber recommended the ditches be filled in , said it was counter intuitive THurber Gerath 104

Page 16 For now I recommend that all ditches be filled with granular material for

a distance of 50m. This scheme may seem counter-intuitive but it is intended to

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drastically increase seepage path lengths. Buy time until more detailed plans are

implemented. (Ellis complies with Thurber recommendations and in-fills ditches

thus saturating the bluff and root systems potentiating more land slip.)

What kind of Geoteck solution is buy time?

This saturated most of the bluff plateau and caused waterlogging with an increase in water to the bluff face and already saturated trees. Is saturating land buying time. They knew the cause was not Ellis fault.

27. Thurber throws around some very high bank erosion numbers but there was a 1875 survey

of the property, 221 -the amount of change in that line in 120 years is millimeters . Thurber’s calculation were ludicrous in an historical context or by just comparing maps.

28. Mr Gerath noted there were Quadra Sands on the “North lands”, he has no maps, photos or descriptions of this Quadra Sands. Ellis was accompanying Gerath and was never apprised of any Quadra Sands. There is no proof of this statement.

29. Mr Gerath did no under surface investigation and his report is only based on opinions, nor did Gerath observe the cross culverts discharging water onto the Ellis lands. He only wrote about what he was told to.

30. Mr Gerath, in his report refrenced the J.C. Fyles, Surficial Geology, Courtenay, Map 32-1960,

Department of Mines and Technical Surveys, Maps 4 which clearly shows a division between Quadra Sediments (sand) and Moraine Deposits (till). With the Quadra Sands far to the north of the Ellis property.

31. In July 2004 Ellis and neighbour, Mr. Rombolt, at the quiet request of Robin Storkey, blocked

the 2 highway culverts .The local Moth contractor ditched the 200m west side of Swan Road to connect to the ditch to Falongley Creek. (Mr. Ellis’ suggestion solving the problem). Moth provided no Emcon records of this construction and seems unaware it was ever done. The Trust was absent in any of this work. Mr Storkey would not talk to Ellis. Mr Storkey had been misinformed by DILTC 102a There is a restrictive covenant on all these properties

32. In Jan 17, 2005, Ellis commissioned the EBA Report 2600 and 2626 Swan Road, Denman

Island, Geotechnical Assessment of Intended Usage as Farmland, 119 This is the same report from the Draft Report Nov 2004 (pre-litigation), it approved farming to 15m. This reports blames the clearcutting for increases in water flow Thompson clearcut the whole property and 4064 clearcut the property behind. Hundreds of acres of upslpe clearcuts.

The removal of trees in 2000 (Thompson) would likely have accelerated this degradation as more water would have been available to the slope.

33. In April 2006 Smith/Thurber Engineering 139 Remediation Report confirmed that once

Highways ditch water was confined and culverts blocked, bank instability ceased.

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I rely on the facts found by Mr. Justice Groberman in his Reasons for Judgement dated August 31, 2005 and the fact that the Be Ministry of Transportation blocked the flow of water from Swan Road into the drainage ditches on the Properties. I also referred to the reports listed in Reference Documents during the course of any work but did not utilize my specific facts from those reports. “No surface water was being discharged over the crest due at least in part to changes made in ditch drainage along Swan Road and ditch infilling carried out by Mr. Ellis.

34. Nov 2006, David Marlor in an Affidavit for Stoneman JR application 141 . At Page 3, para 9, Marlor confirms once the Highways ditches were rerouted the Trust had no issues with slope stabilization

“After judgment was rendered in August 31, 2005, the Local Trust Committee considered that, if possible, and as contemplated in the Judgment, it would prefer to settle the terms of the remediation order without the expense of further litigation. The Local Trust Committee was advised that traditional geotechnical slope stabilization measures could be undertaken for Lot A, but they would likely be invasive and very costly due to the extensive nature of the slumps on that property. In addition, following the preparation of the March 2004 Thurber Report, the highways drainage ditches were blocked by the Ministry of Transportation and Highways to prevent water on Swan Road from entering the drainage ditches Mr. Ellis had dug and discharging over the Bluff on Lots A and B. As a result, the Local Trust Committee considered that focusing remediation works on the other major excavation on Lot B was reasonable. The Consent Order with respect to remediation reflects this compromise position”

35. Ellis commissioned the 3rd Polster Assessment of Restoration of Damaged Notch Site

Komas Bluffs, Denman Island, 2009, 156 The planting of the ferns was over seen by Polster over 3 years and signed off on remediation completed. According to Smith the land was now stable. An area of 20m x 40m now makes 1 mile of bluff stable.

“Landslides along the Ellis property consist primarily of weathered colluvial materials sliding on a dense till material with the till material forming the surface that requires restoration. Vegetation cannot establish on the dense till material as the roots can not readily penetrate this material, hence hydro seeding this material is not an effective solution. However, as the materials weather and loose talus-like materials collect, plants can begin to establish. Once established, the vegetation can help to hold the loose materials and deeper soils result, supporting deeper rooting species, including trees. Unaided, this is a very slow process as for the most part, the weathered till simply washes from the slopes with the winter rains and fails to provide sufficient materials for plants to establish.”

36. Polster stated it was a restoration of natural environment issue not remediation for the protection of development. The alders came back so thick Polster recommended thinning them. . restoration to assist in establishing vegetation in the notch area. No underlying problems in fact no erosion, the erosion came from the ditches. The whole remediation farce was just litigation tactics to scare Ellis. DILTC proposed such minor remediation 250

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ferns that Ellis would comply (he did the work himself). DILTC was hoping Ellis would not further litigate if they made it easy for the problem to go away. Unfortunately Ellis was able to get 3rd party documentation of the flooding and DILTC never allowing any permits to farm made it mandatory for Ellis to continue just so he could use his land.

37. Polster stated it was F. Marzari who determined where the “remediation/revegitation” was

supposed to be carried out. 205

38. In the Court Ordered Remediation Report, D. Smith addressed flooding from only 2

Highways ditches, he ignored flooding from a 3rd ditch identified by Thurber rather than address the issues as ordered by the courts. The ditch had been identified by R. Gerbath. 5.7.2 pg 15. Ditch Sysytems 104 Recommend that the four ditch systems in Polygons 1,2,8,10 receive first attention It may be difficult to secure permits to intercept Swan Road drainage from head of the ditches so as to shunt the water southward to other discharge sites.

39. This ditch was adjacent to a road easement Ellis had ditched part way down his property line. Ellis was not able to ditch the last 70m as a result Gerath/Thurber’s infilling requirement. Pg 16 This blocked drainage system impacted approx 20 acres.

40. Gerath says conveyance of ditch water to beach level is not feasible yet Highways is going to do it. 202 Gerath approach caused land saturation and waterlogging contrary to normal farm practice.

41. Aug 2012 Elaine Malo, Development Technician, Highways to Dan Stoneman. 196.1

“Road standards are set out in a letter of agreement between Ministry of Transportation and Islands Trust confirmed at time of final subdivision documents plans.”

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43. In 2012 Ellis contacted Ministry of Highways and their first response was they were dumping into a natural low spot. 196.2

44. Moth 199 later understood the situation and A Allwood stated Highways was flooding the

Ellis lands and DILTC was not allowing him to drain off this water, thus a waterlogging situation arose.

“Dean Ellis contacting me back In November about the drainage from ditches along Swan/Radcliffe Roads draining through the cross culvert onto his property. The cross culvert under the road, located at the low spot of the land, is draining onto the comer of his property. He has done some ditching to take this water along the northern boundary of his property out towards the bank to the ocean. The water was spilling over the bank and creating some erosion issues, and partially as a result of a court case against Mr. Ellis In 2004, the Islands Trust directed Mr. Eills to place a plug in the end of the ditch on

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his property. Since he has plugged the ditch, the water now spills over the plug and disperses on his land, eventually making it over the bank or into the ground.” Feb 14, 2013 Moth Angie Allwood

45. Feb 15, 2013 O Brien, Ministry of Highways 198

begs the question why the drainage was not contained in the public right of way,

46. Highways did a study with McElhaney to run the water down the easement, with promises

they would properly deal with this water 202 Briefing note for Decision, Min of Highways 201 re ditching easement adjacent Ellis lands

47. Work was not done yet.

48. In 2014 Ellis wrote to highways asking if he could ditch the easement to stop the saturated conditions on the front of his property as he was not allowed to apply for a development permit. As the grasses in this 20 acre area have died out to sledge grass and the land is saturated for much of the year making it impossible to drive equipment on it.

49. 2014 Angie Allwood replies Highways sees this as a expensive complex problem to properly deal with the water outfall. .

50. Jansen Contracting Ltd. v. North Cowichan (District of), 1998 CanLII 5099 (BC SC), <http://canlii.ca/t/1f6qk> is virtually an identical case decided in favour of Jansen.

DAMAGE TO PROPERTY

1. Farm Practices, Ministry of Agriculture saturation of agricultural soils, Chronic flooding

limits agriculture 83

2. Bluff face erosion

Parts of the bluff face are near vertical compacted till (Polster, Thurber), with the steady increase in water and the effects of freezing these saturated soils have greatly increased erosion. As a result there have been 2 slumps as mentioned by Thurber. In many areas the overhanging tree root systems have been compromised. The constant input of water has increased these effects.

3. waterlogging

Waterlogging restricts aeration and gas exchange and thus causes a shut down in many ecosystem functions of soil. Respiration and plant growth are reduced and the plant may die if the waterlogging persists. Vegetation will change over time as plants tolerant to waterlogging gain an advantage. There has been a noticeable change of plant type from long root fescue grasses to sledge grass. Many trees particularly maples have died on our land because of root saturation. Soils degrade through water logging and loss of nutrients.

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Much of the soils in the front 150m of my property are in a steady state of saturation, It is impossible to drive machinery on this land for much of the year.

4. Soil degradation and erosion

Much of the top soils have been removed by flooding and the erosion effects of moving water There is an increased erosion on saturated soils during freezing weather, perched groundwater table

If rainfall intensity exceeds water infiltration capacity over time, or if rain falls on soil already saturated either from past falls or because of other source flooding, erosion risk increases greatly.

5. Calculations on water quantity

1 inch of rainfall over 1 acre = 360,000 gallons drainage area connected by ditches to flow on to the “Lands” is about 250 acres 250x360,000= 90 million gallons if ¼ becomes run-off -the numbers are huge

At great cost to my farm and land DILTC and Higways are using my land as a drainage field for road building. The ALC act does not allow land to be used for non farm purposed, Island Trust Bylaws require special attention not to degrade farmland from roads and the Denman OCP.