Shuswap Environmental Action Society

PRESS RELEASE

Salmon Arm’s “Defend our Coast” action a record breaker!

Protest draws 200+ people – largest rally in the Thompson-Okanagan

Watch the video at http://www.youtube.com/watch?v=grtsCk2pcm4

The Shuswap has what it takes when it comes to standing up for protecting the province from efforts to build more pipelines and add more tankers to the coastline. On October 24th, over 6200 people attended 76 rallies at MLA offices across the province organized by LeadNow, an independent advocacy organization that brings generations of Canadians together to achieve progress through democracy. According to the LeadNow website, which provides details about all the events, there were only four communities with larger rallies than Salmon Arm and we had more participants than the larger nearby communities of Kamloops, Vernon and Kelowna!

“The success of our rally shows how there is a strong concern for the environment in our community,” explained Jim Cooperman, Shuswap Environmental Action Society (SEAS) president, “and it indicates how effective SEAS and Salmon Arm KAIROS are in organizing events.”

The rally was held across the street from George Abbott’s office so that the large crowd, which spilled out into the street, did not block the doorways of stores and coffee shops. An open microphone provided an opportunity for participants to speak about the issues they felt were most important.  Neskonlith Band member, Louie Thomas, delivered important First Nation perspectives about why the pipeline should not be built.

Other issues covered included the need for sustainable, alternative forms of energy; the threats to B.C.’s salmon streams posed by the pipelines; the dirty legacy of the many spills so far from pipelines and tankers; the massive pollution occurring in the Alberta tar sands; the foolishness of the Christy Clark government’s attempt to demand more money from Alberta for the pipeline; and the fact that the pipeline would only benefit the corporations and the “oily one percent.”

There were many creative protest signs with important messages, including: “Respect Indigenous Rights, Death by Oil Tar; Export Harper; I Don’t Trust Big Oil; Enbridge – Bad for Nature; Bad for People, BC is Not for Sale; Oil Spoils; Harper’s Laws are Incontinent; and, Wanted – Harper – For Gutting Environmental Regulations.”

Anne Morris with KAIROS, a national church-based organization, spoke about the strong opposition to the pipeline/supertankers plan by more than 130 First Nations who have declared that they will not allow the Gateway Pipelines to cross their lands, territories and watersheds. “Climate change is also a big issue”, said Ms. Morris. “The Gateway Pipeline would mean a 30 per cent increase in tar sands operations, which are already Canada’s largest source of greenhouse gas emissions and the reason Canada is unlikely to meet even its own very weak commitments to greenhouse gas reduction.”

“I told the crowd how the Harper government has signed a likely unconstitutional, investment and promotion treaty with China that will allow their mega-corporations to sue any level of government in Canada that restricts their access to our resources,” explained Cooperman, “and that these cases would be decided by non-Canadian, third party arbitrators. And that Canada is basically handing over its sovereignty to Communist China through this trade deal that is going ahead without any debate in parliament.”

At the end of the 45-minute rally, the group sang in unison a pipeline protest song by Sylvain Vallee, with this chorus, “Mama they’re playing with our future, trying to sell our country out through the pipeline. Harper you’re playing with our future you’re trying to sell our country out through the pipeline. Harper you’ve got a revolution for trying to sell our country out through the pipeline.”

To learn more about the October 24th Defend Our Coast province-wide events, visit www.defendourcoast.ca

Shuswap musician and activist Sylvian Vallee and his partner, artist Lynn Erin have written a reggae tar pipeline protest song, that will be sung at the October 24th rally at noon in front of George Abbott’s office in Salmon Arm. Click here to listen to the song: Pipeline

Click here to download the song: Pipeline Protest Song

Click here to watch the music video Pipeline – the protest music video

Here are the lyrics:

Pipeline
Words by Sylvain Vallee and Lynn Erin
Music by Sylvain Vallee

Mama they’re playing with our future, trying to sell our country out through the pipeline.

Mama they’re playing with our future, trying to sell our country out through the pipeline.

Is this worth a gamble?
A thousand rivers and coastal waters

One leak, say goodbye
to the pristine Great Bear Rain Forest

Mama they’re talkin’ super-tankers threatening our coastline feeding from the pipeline.

Mama we’re thinking revolution, they’re trying to sell our country out through the pipeline.

Tar Sands claim they’re ethical!
As pipelines spout new leaks

a toxic sacrifice
so the self-proclaimed few steal paradise

Mama they’re talking revolution he’s trying to sell our country out through the pipeline.

People we need a revolution before we see our country flow through the pipeline.

Money killed the electric car
Chose to spoil our air
Now it’s time to rise up, stand up!
be free!, be democracy!

Mama they’re playing with our future, trying to sell our country out through the pipeline.  [repeats 4x]

harper you’re playing with our future you’re trying to sell our country out through
the pipeline.

Mama they’re playing with our future, trying to sell our country out through the pipeline.  [repeats 3x]

harper you’re playing with our future you’re trying to sell our country out through
the pipeline.

harper you’ve got a revolution for trying to sell our country out through the pipeline.

Mama.

Use this link to watch the video: http://www.youtube.com/watch?v=_bmo34Ma8TU&feature=plcp

The classic video produced by Shuswap Environmental Action Society that helped with the successful campaign that resulted in the creation of over 25,000 hectares of new provincial parks in the Shuswap watershed. “Shuswap Wild” combines breathtaking footage of Shuswap wilderness with slides by Myron Kozak and Marge Russell, interviews with Shuswap naturalist Mary Lou Tapsen-Jones and forest service ecologist Andre’ Arsenault, original music by Lindsay Kenyon and Hardie McIntosh and wildlife sounds into a powerful, moving 16-minute documentary.

The Upper Seymour River Provincial Park

The interviews and post-production editing were done by Michael Simpson and Fred Bird. Waterfalls, giant trees with hanging moss, canoes on a wilderness lakes, ferns and flowers, satellite photo and GIS map close-ups and scenes of clearcut devastation provoked and inspired viewers to help protect the Anstey Arm/Hunakwa Lake and Upper Seymour River Valley antique rainforest wilderness areas, that are now both provincial parks

The “Seymour Giant”

Court dismisses Neskonlith band appeal

By Martha Wickett – Salmon Arm Observer

September 24, 2012

An appeal launched by the Neskonlith Indian Band regarding the SmartCentres shopping development has been dismissed by the BC Court of Appeal.

In a decision rendered today at the Vancouver Law Courts, Madam Justice Newbury, Mr. Justice Hall and Madam Justice D. Smith agreed that arguments put forth by the Neskonlith were not sufficient to overturn a decision made in April by Justice Peter Leask in BC Supreme Court.

At that time, Justice Leask dismissed the Nesklonlith’s request for a judicial review. The band had argued that the City of Salmon Arm had a legal or constitutional obligation to consult with the band before issuing the environmentally hazardous areas development permit for the SmartCentres site. The site is adjacent to the Salmon River, which borders Neskonlith land to the west.

Leask concluded that the duty to consult, when decisions may affect aboriginal rights or title, rests with the province.

The band had argued that because the province had delegated some land-use decisions to municipalities with no oversight from the province, then the duty to consult also transfers to municipalities. Its argument included the concern that the property will flood, requiring flood control measures. Those flood-control measures would then do damage to the environment and the interests of the band.

Following the decision issued Monday, Sept. 24, a SmartCentres’ spokesperson told the Observer that next steps haven’t been decided yet.

In an email, Sandra Kaiser, vice-president of corporate affairs for SmartCentres, wrote: “Our lawyers are in the midst of digesting the decision to provide us with a fulsome understanding of the implications of the decision. Once this has happened we will consider the next steps regarding our site.”

Mayor Nancy Cooper said city council will be reviewing the decision with the city’s lawyers, but “it is positive for Salmon Arm and, indeed, for all local governments.”

She explained by saying that if the appeal had been upheld, it would have far-reaching ramifications.

“If it was the other way around, it would call into question any decision that any municipality or local government made.”

Nonetheless, Cooper said she is thinking about the Neskonlith band and hopes to be in touch with Chief Judy Wilson later this week.

“I will be contacting the Neskonlith band through their Chief Judy Wilson, just to see how we can move forward together.”

Wilson told the Observer the band is also discussing the decision with its lawyers and will be commenting on it later.

Named in the appeal were respondents the City of Salmon Arm and Salmon Arm Shopping Centres Inc. while the Union of BC Municipalities was granted intervenor status. The status was granted because the decision could potentially have had far-reaching effects for municipalities.

Justice Newbury addressed three questions in reaching her decision: 1) Was the City of Salmon Arm subject to the Crown’s duty to consult and, where appropriate, accommodate with respect to the issuance of the development permit? 2) Was the issuance of the permit conduct that might adversely affect the assumed aboriginal rights or title claims of the Neskonlith and 3) If the city was subject to a duty to consult, was that consultation adequate in this case?

She referred throughout her decision to a 2004 case involving the Haida Nation versus the BC Minister of Forests, as well as a 2010 case featuring Rio Tinto Alcan Inc. versus the Carrier Sekani Tribal Council. Among other things stated in the 38-page document, she wrote, with regard to the first question, that municipal governments lack the practical resources to consult and accommodate First Nations.

“It is precisely because the Crown asserted sovereignty over lands previously occupied by Aboriginal peoples that the Crown in right of the Province is now held to the duty to consult.”

She also wrote that it would be “completely impractical” for municipal governments to do so.

“Daily life would be seriously bogged down if consultation – including the required ‘strength of claim’ assessment – became necessary whenever a right or interest of a First Nation ‘might be’ affected.”

As to whether issuance of the permit might adversely affect the Neskonlith, she writes that the effect is “uncertain, indirect, and at the far end of the spectrum of adverse effects” mentioned in the Haida case.

She states that the Neskonlith’s expert on flooding makes a number of important assumptions: “That the development would experience flood conditions (which Shopping Centres says is doubtful given that it will be building only on the portion of the property that has been occupied in the past); that the flooding would be of such a level and of such duration that there would be an ‘imperative demand’ for flood protection; that the public authorities would respond to such demand; and that they would do so either by modifying the river channel or constructing a dike along the river and below the Highway #1 bridge. It is far from certain that all of these would come to pass.”

Regarding adequacy of consultation, Justice Newbury writes: “I conclude that the process in this case was reasonable; that the Neskonlith were fully and promptly informed of all the applications and amendments relevant to the permit and to the development generally; that they were given several opportunities to express their concerns; that their objections (and those of others) were taken seriously and did lead to material modifications of the planned development; and that the city’s decision itself lay within the range of reasonable outcomes.”

Read the court decision here:

http://www.courts.gov.bc.ca/jdb-txt/CA/12/03/2012BCCA0379.htm

Here is the conclusion to the decision:
[90]         The Neskonlith submit that “Even the lowest form of consultation demands substantive engagement and discussion” with the First Nations, and that that has not occurred in this case.  In the absence of any statute or case law that requires a particular form of consultation, I cannot agree.  I conclude that the process in this case was reasonable; that the Neskonlith were fully and promptly informed of all applications and amendments relevant to the permit and to the development generally; that they were given several opportunities to express their concerns; that their objections (and those of others) were taken seriously and did lead to material modifications of the planned development; and that the City’s decision itself lay within the range of reasonable outcomes.

Disposition

[91]         For all these reasons, I would dismiss the appeal.

Shuswap Environmental Action Society

Media Release, August 28, 2012

 Cottonwoods Campground sold to a land developer

“Our organization was shocked to learn that the Cottonwoods Campground property has been sold through the courts to a local land developer” said Jim Cooperman, SEAS President.

The Cottonwoods Campground has long been a contentious piece of property.  Approximately seven years ago, the 12-hectare property was acquired by a Kamloops developer who attempted to market it as an RV and condo development known as West Beach Village.

In 2008, SEAS helped lead a massive public protest that resulted in the proposed rezoning being rejected by the Columbia Shuswap Regional District (CSRD). The entire community and organizations across the province rallied to support the efforts to oppose the development, which was voted down unanimously by the CSRD board.

Despite the rejection by the regional district, in 2009 the developer began marketing the RV sites without subdivision approval, by attempting to register 199-year leases of small storage sheds. But the scheme was eventually rejected by the court after protracted legal proceedings because the project did not comply with the CSRD bylaws and the leases could not be registered at the Land Title Office.

In fall of 2010, the property fell into insolvency protection. The mortgage company that financed the West Beach development eventually took control of the property. The Court approved the sale on July 11, 2012 and the sale was completed on August 2^nd and the new title was finalized in just the past few days.

The community feels strongly about this property because it is immediately adjacent to the Roderick Haig Brown Park, home of the world famous sockeye salmon run.

It is the dream of many to see the Cottonwoods Campground purchased and added to Roderick Haig-Brown Park to provide both a wider area of protection for the fresh water estuary that provides critical rearing habitat for the internationally renown sockeye salmon and with restoration would help provide additional spawning habitat.

July 7, 2012 aerial view of the flooded Cottonwoods Campground         (photo by Darren Van Sprang)

Cooperman explains, “It is obvious that the campground is not suitable for development because of what we witnessed with this year’s high water, which covered at least 1/3 of the property.”

Cottonwoods under water in June, 2012

“The Cottonwood’s property already went through a lengthy and costly rezoning application process, which was wisely turned down by our local government leaders,” said Cooperman. “It would be a significant waste of time and taxpayer’s money to consider another development on this property as it is clear that it would be strongly opposed locally, provincially, nationally and internationally,” he added.

West Beach purchased by developer

August 28, 2012

Copyright 2012 Glacier Media Inc.

Developer moving ahead on West Beach

August 29, 2012

By CAM FORTEMS
Daily News Staff Reporter
A B.C. businessman who purchased financially troubled West Beach in the North Shuswap said he has a “solid business plan” to develop the property.

But Greg Darroch said he wants to meet with community members and government officials over the coming months before publicly unveiling plans.

“I want to put together a proposal that allays the concerns of the community and environment,” he said Wednesday. “That’s a really sensitive site.”

A numbered company controlled by Darroch purchased the property from a mortgage firm this month for $17.9-million. The property, operated as Cottonwood Campground for decades, was purchased by Kamloops developer Mike Rink a few years ago.

B.C. Supreme Court awarded the property to Mission Creek Mortgage this year after more than $20 million in debts could not be paid.

Darroch said he is “fact finding” with a number of agencies about the potential for the land, which he believes will continue with an RV focus.

Rink’s plan to sell 199-year leases with an associated storage shed was rejected by a B.C. Supreme Court justice. But several million dollars in infrastructure were put in place prior to the ruling.

“My focus is to stick with family camping and enjoyment of the area,” Darroch said, adding that won’t include a condominium project.

“There’s RVs now. To change that will be tough. You need to keep it environmentally friendly.”

Darroch said he wants to bring the property forward to Columbia Shuswap Regional District for a possible rezoning sometime in the fall.

Another local interest group, Adams River Salmon Society, is pushing for the province or federal government to intervene and purchase the parcel beside the river and its salmon run. Other residents, including Jim Cooperman, are trying to raise money privately to purchase the property.

Both say the parcel should be added to neighbouring Roderick Haig-Brown provincial park.

“I’d like to see all the different groups work toward that goal,” said salmon society president Darlene McBain.

To sign the petition go to http://www.gopetition.com/petitions/white-lake.html

Shuswap Environmental Action Society

Media Release

July 30, 2012

White Lake logging plan opposed

The Shuswap Environmental Action Society is supporting the concerned residents of White Lake who are opposing plans by B.C. Timber Sales (BCTS) to log in the hillsides above their homes. Of greatest concern, is the 16-hectare (40 acre) block directly behind the community hall where recreational trails lead up to the White Lake lookout.

BCTS logging plan for White Lake

“I toured the site on July 25^th and was amazed to see a rather young, Douglas fir forest that did not appear to be suitable for logging. The area is located directly behind the community and includes a number of recreational trails,” explained Jim Cooperman, SEAS president. “We hiked to the bluff, a popular destination for both Shuswap hikers and tourists, where we could see how logging this forest would damage this breathtaking view for many years,” Cooperman added.

The BCTS plan calls for up to 30 percent retention of the trees in the block above the hall and these trees have been ribboned. Since there is some root-rot in the stand, the plan also calls for stumping, which is basically digging out and turning over the stumps to reduce the spread of the fungus that causes root-rot.  While limited selective logging would be an option the community could support, BCTS is insisting that this type of logging is not suitable as it would help spread the root-rot. Even though the “leave trees” would lessen the impact to the view of the logging, windstorms could easily down these trees adding to the mess caused by the stumping. And all of this industrial activity is planned to occur in the immediate vicinity of this rural community.

The White Lake community is mobilizing to oppose the logging plans. “I attended the community meeting of approximately 70 people in the evening of July 25^th, and was shocked to find out that BCTS made no effort to contact the community regarding the logging plans.” said Cooperman.

White Lake resident Hal Dyck was the first to learn about the plans after speaking to a private consultant who had been surveying other blocks above his house, “he informed us that the north face of Bastion Mountain was in the ten year logging plan but what should be of more immediate concern to us are the parcels above the community and fire halls, which are scheduled to be logged within two years.”

“Two meetings have been held with a few community residents and the BCTS which allowed concerns to be expressed, however no effort has been made to alter the plans regarding these concerns. Before any logging should be allowed to proceed, we believe that the BCTS needs to undertake a legitimate planning process with the community that will adequately address their concerns,” stressed Cooperman.

“At the very least, there should be a delay of at least one year before any contracts are signed to allow time for proper consultation, to inform all the residents of White Lake, and to do impact studies to address the concerns of residents,” said Steve Corrie, Chair of the White Lake Residents Association (WLRA).

Petitions are now being circulated to demonstrate to the government the level of concern within the White Lake community and throughout the Shuswap. Non-residents can access the online version of the petition through the SEAS website, www.seas.shuswappassion.ca where photos of the area can also be viewed.

 A young forest with small diameter fir trees is planned to be logged!

the view from the lookout – the forest below is slated for logging

the forest directly behind the hall is slated for logging

the view from across the lake of the forest slated for logging

Presentation to the

Special Committee on Timber Supply

Kamloops, B.C., July 12, 2012

 Prepared and presented by

Jim Cooperman

President, Shuswap Environmental Action Society

Background

British Columbia has wrongfully endured over a decade of serious forest mismanagement.  Early in the last decade the B.C. government enshrined in law forestry policies that have virtually handed over the management of our public forests to the timber corporations. As well, government staffing was reduced to the point that there is nearly no one left to enforce what few rules remain. The recent report by B.C.’s Auditor General reinforced these concerns about forest mismanagement. The report concluded that the ministry has not clearly defined its timber objectives, management practices are insufficient to offset a reduction in timber supply and species diversity, and the ministry is not appropriately monitoring and reporting results in relation to its objectives.

Despite all of these problems, I have consistently voiced there has been at least one saving grace regarding forest management in this province and that was the government’s dedication to maintaining the land use plans that were developed after many years of studies and intense negotiations. Now, your committee is considering reneging on your commitment to these plans in order to allow logging of areas set aside for conservation and recreation. This would be akin to burning the furniture when the firewood runs out.

Projections Flawed

The information your committee is using is based on projections into the future that have little basis in reality. Not only is the inventory lacking that is used for the projections, as the Auditor General observed, but there is no accounting for the likely potential of other reductions to timber supply from the impacts of climate change. Fires, disease and more pests are likely, as the planet continues to heat up due to the ever-increasing amount of carbon dioxide and methane entering the atmosphere every year.  It is unlikely that future timber harvests will ever increase no matter what management changes are allowed.

What happened to other forest values?

Even though the B.C. government changed the mandate for forestry management to one that focuses on timber, the reality is that even to manage for timber, there needs to be healthy forests. The science is solid that in order to have healthy forests, it is imperative to protect and maintain biodiversity as well as properly functioning watersheds. The public, not the government and not the forest industry, owns B.C.s forests.  Consequently, the government needs to manage the forests on behalf of the public, which means it must protect all forest values, including recreation, tourism, wildlife habitat, water, and the ability of forests to absorb carbon. And yes, forestry jobs should be also a factor, but jobs and corporate profits must not take priority over the need to maintain healthy forests.

Ethics

The current forest management regime is based on the principle of professional reliance. The public has been led to believe that our forests are in good hands because professionals are looking after them and that an association based on dedication to ethical practices governs these professionals. How can your committee carry on with the notion of gutting the land use plans and still expect foresters to use ethical practices? It is no wonder that their Association is opposed to the proposal to allow logging in conservation areas. And not only is the Association opposed, but so are many Cariboo-Chilcotin communities and most recently even Canfor has registered its opposition. Apparently, ethics and good judgment seem to be registering amongst most everyone except those in government who are making these proposals.

Jobs

It would not be accurate to claim that the proposal to gut the land use plan is about protecting jobs. The B.C. government forest policies have resulted in significant job losses, due to the increase in amount of logs that are exported and to the elimination of the appurtenancy regulations.  The Ministry of Forests, Lands and Natural Resource Operations’ 2011 Economic State of the B.C Forest Sector confirms the significant job loss in this province.  In the year 2000, there were 99,000 persons employed and in 2011, the number went down to just 53,340.  And as the harvest volume has increased since its lowest level in 2009, the number of jobs has not increased significantly.

Land Use Plans

I spent years at two land use planning processes, for the Kamloops and the Okanagan/Shuswap regions. Many thousands of dollars and many thousands of hours were dedicated to develop these plans. Every sector was represented and we reached near consensus on the final plans. Over those many years, we all developed more respect for each other and we all supported the need for ecologically sustainable management. Strict limits were enforced by the government regarding how much forest land could be set aside for protection to ensure that there was no more than a 6 percent impact on timber supply, and thus the conservation community had to reluctantly agree to these limits, even though we knew that the amount of protection allowed was not really sufficient to adequately protect and maintain biodiversity. I have no doubt that participants in the Cariboo-Chilcotin went through similar experiences as we did as they developed their land use plans.

Any proposal to gut these land use plans not only threatens ecosystem sustainability, biodiversity, and many other non–timber forest values, but it would also seriously compromise any remnant of trust in the government by the conservation community that might still exist. My major concern is that if you approve any measures that gut the land use plans it would create precedence that would pose risks to all the land use plans in the province. Timber supplies will be dropping everywhere, due to decades of overcutting and highgrading. If the government allows the logging of conservation and recreation areas in the Cariboo-Chilcotin, no other region in the province will be safe.

Other mitigation options

In addition to logging forests currently protected under land use plans, your committee is contemplating a variety of silvicultural projects to increase timber supply. Not only are these projects expensive, studies show that intensive silviculture is often ineffective and in some cases can have the reverse effect. For example, juvenile spruce plantations when spaced and thinned are more susceptible to damage by weevils. Lodgepole pine plantations that were spaced were far more damaged by the pine beetles than stands that had no treatments. Fertilization treatments are very expensive and can result in faster growth of competing brush.

Recommendations

Sanity must prevail. If your committee were at all concerned with sustainability and the need to maintain public interest and trust, it would nix these proposals to gut the land use plans. Instead of allowing the logging of areas set aside for biodiversity and recreation, it should recommend that these areas need to be increased in size. The loss of forests due to the pine beetles and fires has not only impacted timber supply, it has also impacted forests reserved for conservation. Consequently, there needs to be a conservation uplift, as recommended by the previous chief forester.

The land use plans were never considered to be set in stone forever. Ten-year reviews were part of the plans and these reviews need to be done, to ensure the plans are working and to consider where changes or conservation additions might be needed. Most LRMPs included implementation committees that met throughout the year to allow for exchange of information and to allow for review of any changes to management regimes. These committees need to be re-instated with adequate funding.

One of the proposals under consideration is to move volume-based tenures into area-based tenures. This is totally opposite of what is needed. The entire tenure system needs to be reviewed and improved. Smaller tenures consistently provide more jobs per cubic metre than large tenures. Communities, by and large, are better stewards of the forests than large corporations and more community forests would be an improvement. And the appurtenancy requirements should be re-instated, to ensure that forestry supports local economies.

Reports now show that the amount of Not Satisfactorily Re-Stocked land is now exceeding the levels reached in the 1980’s when the federal government had to step in with funding through the FRDA program to help re-stock B.C.’s forests.  Instead of spending millions of dollars on ineffective intensive silviculture treatments, the BC government should invest money into restocking the increasing amount of denuded land in the province.

Perhaps the most often heard phrase and yet least adhered to, is that “we need to do more with less.” As timber supplies fall, it is imperative that more value is obtained from the logging that does occur. The province has often looked at ways to increase value-added manufacturing and yet, the value-added jobs have been decreasing instead of increasing. Until ways can be found to boost the number of jobs per cubic metre of timber logged, the forest industry in B.C. will continue to decline until the sun finally sets on this sector.

For a more in-depth analysis and critique, read this Timber Supply Committee Presentation by Mike Fenger, RPF and forester for The Friends of Ecological Reserves

Preface

Federal and provincial government staff operate under a gag order that restricts the flow of information to the public. Communication staff manufacture the only information allowed to be disseminated. Consequently, it is difficult for the media and thus the public to know and understand the factors behind important issues, whether these are disasters such as what recently occurred in the Shuswap or controversial decisions such as the sale of BC Rail.

Below is a column that I recently wrote that was based in part on discussions I had with someone in government who toured the Mara hills by truck and helicopter two days after the flood events. Unfortunately, the column could not go to press because I was unable to provide the source for the information. I do plan to re-write the column in a way that the message can be delivered – which is basically that we can expect more disasters like this one due to climate change and communities must take measures to protect themselves.

Abnormal is the new normal

It was fifteen years ago that the last washout devastated the Mara Lake area, when a debris flood swept down Hummingbird Creek and tore up the highway and parts of Swansea Point. This year the damage is even greater and there were two events, one in Sicamous Creek and the other in Hummingbird and Mara Creeks which join together just above the highway. In 1997, the slide occurred because after 5 days of heavy rain, a poorly designed cutblock channeled too much water into an inappropriately placed culvert that diverted water onto a steep slope, which then gave way into the creek.

It appears that the major cause of this year’s massive flood events was simply inadequate culverts that could not channel the amount of water unleashed by upwards of 80 mm of rain that fell on the remaining snow in the mountains. For the Swansea flood, another obvious factor is clearcut logging, which has been extensive in the watersheds. The loss of forest cover results in a significant increase in the amount of water entering streams (from 5 to 70 percent more water).

When the flow in streams is at a peak flow rate, stream banks tend to erode and often trees can block the creek and when the dam bursts it creates a debris flow slide that can cause major damage. However at Swansea Point, neither of the creeks plugged up as Hummingbird is still scoured from the 1997 event and Mara Creek held up. This time it was the inadequately sized culvert under the highway that plugged and when the water overtopped the highway, it took out the pavement and proceeded to tear up the roads in the residential area and damage houses and cabins.

Satellite image map (light brown area is protected old growth)

The Sicamous Creek washout was more of a natural event, as there is much less logging in this watershed, and most of the logging that has occurred was part of the Sicamous Creek research project that includes selective logging and very small blocks. The intense rain generated more water than the culvert under the Skyline Road could handle and the road washed out. The resulting sediment and high flow then joined with the high flow from the other channel and began eroding stream banks along the main stem of the creek. The resulting sediment and debris plugged the highway bridge forcing the flow along with the debris into the Waterways Houseboat property and also to the south into the 2-Mile subdivision.

Satellite image of Sicamous Creek watershed. Research logging is top right. Light brown shows protected old growth forest.

Compounding the potential for problems such as we are seeing now in the Shuswap is climate change, as the planet warms and as more moisture enters the atmosphere the frequency of severe weather patterns increases. Abnormal has become the new normal, with the increased likelihood of both deluges and droughts, as well as either overly warm or overly cold weather at unexpected times of the year.

Given the predictability of damaging floods and slides in floodplains, one might wonder why governments continue to allow developments to occur. The town of Sicamous approved a massive condo development for Waterways Houseboats for the property now covered in mud and debris in the Sicamous Creek floodplain, despite submissions by local residents warning of the potential for this disaster. Fortunately, the development has not yet been built because if it had been, it would have been thoroughly damaged and damage to the adjacent properties to the south would have been more severe as the concrete walls would have channeled the water to the south.

In the case of Swansea Point, in 2007 the Columbia Shuswap Regional District approved the Hummingbird Resort recreational development despite the likelihood of floodplain problems. However, they did insist on a covenant that acknowledged the property’s potential flood hazard and thus protected the CSRD, the Ministry of Transportation and the province from “claims against them related to damage from the hazard.” Only much appreciated, but now deceased Area C director Ted Bacigalupo voiced any concern, “We cushion ourselves from the legal aspect, but we don’t necessarily provide a safe environment for the people. The risk is still there.”

This year’s flood has become another one for the record books, as lake levels rose to nearly the flood level of 1972. Creeks and rivers were all running at peak levels. Fields that were covered in manure were covered in water, massive amounts of debris and organic matter went into the lake and the potential for another algae bloom is increasing again.  When the water finally subsides, the Shuswap definitely needs to find ways to adapt to climate change and installing larger culverts and bridges should be at the top of the list.

Postscript

Lake water has been extremely compromised as over 50 cars and trucks were in the debris flow and a 20,000-litre gasoline tank tipped over into the water. Many septic systems are also covered now with lake water.

The road is due to be opening soon at 2-Mile, as highways crews are installing a bailey bridge. The channel under the existing bridge is completely filled with rocks and gravel and the creek in flowing in a new channel to the north directly into the bay. Apparently, the plan is to dig out the old channel to put the creek back in to where it was before, but this cannot be done until it is safe to do so.

At Swansea Point, highway crews are working with locals to repair the roads in the residential area. The highway is now open and the existing culvert is back in use, which was the primary cause of this year’s flooding. There was a plan to address this problematic culvert in 2004, as this caption to the photo below explains:

Ministers Falcon and Abbott Tour Hummingbird Creek Site – June 3, 2004
Transportation Minister Kevin Falcon and Shuswap MLA George Abbott discuss debris flows at Hummingbird Creek, with Rhona Martin, chair of the Columbia-Shuswap Regional District. Minister Falcon indicated that the province would be prepared to commit $4 million towards construction of a debris basin and bridge south of Sicamous, should a local referendum on operation and maintenance pass.

However, the community was not willing to take responsibility for the operation and maintenance of the proposed bridge and debris basin. They felt that since no other community in the province was forced to take this responsibility that they should not have to either. Thus the bridge was never built and now we have witnessed the consequences. This issue came to the forefront at a public meeting last night, at which government staff from Victoria offered no explanations for the situation, nor could they provide any solutions.

Throughout the region, the flooding has impacted many homes and cabins that were built close to the lake or to other watercourses. Marinas are shut down, boat launches are closed, the marine parks are not open and some roads are underwater, including a portion of Blind Bay Road. Throughout history, flooding has impacted communities, largely because structures and roads are built in areas prone to flooding. It is as if there is a collective amnesia for segments of the population who never seem to remember or respect the forces of nature.

With climate change, it is like nature is on steroids. Consequently does it make sense to allow homes and other structures to be built so close to the lake or in sensitive floodplains? At some point we could even witness another 1894 event, which would result in the flooding of many more homes, businesses and roads. All it would take is another high snow pack and an extremely warm spring, unlike the unseasonably cold springs we have witnessed in the past few years. Will we be ready?

Sicamous Creek at 2-Mile
Sicamous Creek debris flow flood

Sicamous Creek flood

Flooded Waterways Houseboat property

Hummingbird Creek highway 97A washout at Swansea Point

Swansea Point flood destruction

Hilliam Road, Scotch Creek

Hilliam Road, Scotch Creek

Gateway Resort, Lee Creek

Cottonwood Campground, Lee Creek

Cottonwood Campground, Lee Creek

Sicamous Red Barn (photo by Salmon Arm Observer)

Ted Bacigalupo

Ted Bacigalupo was likely the hardest working regional district representatives of all times. He was a man of great integrity and a true environmentalist who cared deeply about protecting the health of our region. We all owe him a depth of gratitude for leading the establishment and funding of the Shuswap Lakes Integrated Planning Process. I cherish the opportunities that I had over the years to work with him on issues such as West Beach, water quality monitoring and parks and recreation. Before he became a politician, he was a member of SEAS and supported our efforts to protect wilderness and create new parks. It will take two or three people to do the work he did.

We will miss him deeply. Our sincere condolences go out to his family, friends and colleagues. Jim Cooperman

CSRD Press Release

June 14, 2012

LONG TERM ELECTORAL AREA DIRECTOR AND CSRD CHAIR PASSES AWAY

SALMON ARM – It is with deep regret and sadness that the Columbia Shuswap Regional District (CSRD) announces the passing away of Electoral Area ‘C’ Director and Board Chair Ted Bacigalupo.  Chair Bacigalupo passed away peacefully at his home surrounded by family on the evening of June 13th, 2012.

CSRD Vice-Chair Revelstoke Mayor Dave Raven expressed the following sentiments noting that Director Bacigalupo’s passing is a real loss, not only to his family and friends, but also to the wider community he served. “We’re all deeply saddened. Ted was a good friend to all of us on the Board.  He very proudly served his area.  He was a true gentleman and he taught me many lessons. He will be sadly missed and my heart goes out to his family and his many friends.”

Director Bacigalupo was first elected to the position of Area Director in 1999 and has served his community in that capacity for the past 13 years. It was a role he filled with tremendous dedication, putting in many hours attending as many community meetings and functions as possible.  In addition, he championed the causes of the various commissions and committees on which he served; most notably the Okanagan Regional Library Board, where he served as chair for the past five years, and the Shuswap Lake Integrated Planning Process (SLIPP). Chair Bacigalupo was also on the executive of the Southern Interior Local Government Association (SILGA).

“I was deeply saddened to hear of the death of Chair Bacigalupo”, stated CSRD Chief Administrative Officer Charles Hamilton.  “On behalf of all the staff at the CSRD, I would like to extend my heartfelt sympathies to his family and friends.  Ted was a great character with whom I had a wonderful working relationship.  I will miss him very much indeed.”

The world has lost a great man. An honest man who revered  the truth as he knew it, who stood up for his convictions, and in his short lifetime has done much good. I guess all great men must pass, and they are the ones we miss the most. He was a  man of his convictions, and always did his homework.

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A popular Shuswap politician who championed water issues died Wednesday. Ted Bacigalupo, chairman of the Columbia-Shuswap Regional District, died surrounded by family, according to a release from the agency. He was first elected in 1999 to represent the region around Sorrento and north of Salmon Arm.

Shuswap conservationist Jim Cooperman said Bacigalupo’s death is a major loss to the region. “How many regional districts have an environmentalist as chair? We wouldn’t have funding for Shuswap Lake Integrated Planning Process if it wasn’t for him. He championed so many causes.”

The planning process is a long-term, multi-agency effort to protect water quality. Cooperman said Bacigalupo wasn’t afraid to stand up for causes that were unpopular at first. That included his stand against rampant development on the Shuswap.  “He was often the odd man out but he kept it up,” Cooperman said.

CSRD vice-chairman David Raven called Bacigalupo’s death “a loss, not only to his family and friends, but to the wider community he served.”

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I will always remember everyone  voting at a CSRD meeting, Ted unswayed by the raised hands around him. When the Chair asked
“Opposed?”only Ted’s  hand went up.
Ted always had the courage to stand alone.
 We will miss him sorely.
Please light a candle for him.

……….Carol Ferguson

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To: Shuswap Water Action Team Society (SWAT) Members and Supporters

I am very saddened to inform you that our community leader and friend, CSRD Chair Ted Bacigalupo passed away quietly in his sleep the evening of June 13 in the presence of his family after being ill for the past few months.

Ted was one of the most outstanding leaders our area has ever had. He worked tirelessly for the community that he loved so much, participating in almost every meeting and event in the area and beyond. To him it was not just a job. The entire community was like his extended family and he wanted to participate in everything that was going on in it.

He was an honest, no-nonsense, “tell-it-like it-is”, politician with a good wit and sense of humour. He was a breath of fresh air in our political world.

Ted believed our natural environment and our water was in need of protection, so he joined us as one of the founding members of SWAT.

Because our SWAT Board worked closely with Ted on water quality issues, we learned first-hand his respect for the environment, his dedication, integrity, amazing energy, and his ability to use his political skills to get results.

He also played a key role in getting SLIPP established, and then identified funding sources from numerous Shuswap watershed communities. This was over and above all his other responsibilities such as being Chair of the Okanagan Library Board

Our community and our environment is a much better place today thanks to Ted and his great leadership. He has set the bar very high. We are confident the community will honour him by continuing his work of protecting our water quality and the natural environment. No doubt he will be cheering us on from the bleachers.

Ted was an inspiration to me, to SWAT, to SLIPP, and to many other organizations in the Shuswap.  We will all miss him very deeply, especially his leadership, his humour, and mostly his friendship.

On behalf of myself and our Directors our condolences go to his family, his friends, and his associates.

Ray Nadeau – President of SWAT and Directors

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Shuswap Trails – Sad News

Very sad news – Columbia Shuswap Regional District Electoral Area ‘C’ Director and Board Chair, Ted Bacigalupo, passed away peacefully at his home surrounded by family on the evening of June 13th, 2012.

Director Bacigalupo was instrumental in launching the CSRD Parks plans which identified linear greenway trails as a priority for local communities. He also worked closely with the South Shuswap Recreational Trail Society to create the Blind Bay parallel trail project. And was a tireless champion of the Shuswap Lake Integrated Planning Process.

Earlier this year, Ted accepted the 2012 Shuswap Trail Award acknowledging outstanding contributions to the development of regional greenway trails on behalf of the directors and staff of the Columbia Shuswap Regional District. Under his direction, the board of the Shuswap Trail Alliance launched the current discussion with regional leadership to ensure long-term support for the growing greenway trail system continues into the future.

Together, we offer Ted’s family and friends our deepest sympathies. He will be remembered out on the trails of the Shuswap.

Phil McIntyre-Paul
for the Shuswap Trail Alliance

How Fisheries Act changes could impact the Shuswap

A Shuswap Passion column for the Shuswap Market News
May 18, 2012
by Jim Cooperman

The list of those speaking out to oppose the current plan by the federal government to weaken the Fisheries Act through its massive omnibus budget bill grows daily. In addition to the fishing community, conservationists, former Department of Fisheries and Oceans (DFO) directors and hundreds of scientists, the former conservative Minister of Fisheries, Tom Siddon, has now spoken out for the need to scrap the plans to gut this important law that helps protect fish habitat. If the bill is passed, the changes will have huge consequences throughout Canada, including the Shuswap.

Within the bill are amendments that will change the focus of a section of the Fisheries Act from habitat protection to fisheries protection. The changes will occur in two steps. Once the bill is passed, the prohibition against works that pose harm to fish habitat will be weakened to only apply to permanent alteration or destruction through an order of cabinet. As well, the amendments will expand the government’s ability to authorize harm to fish habitat or allow for pollution to occur and DFO staff will no longer be required to review proposed works. Essentially, it will be open season for industry to do whatever they want regardless of the impacts to fish habitat.

There are DFO staff stationed in Salmon Arm and Kamloops that have played a key role in protecting and restoring salmon habitat through a wide variety of activities.  Perhaps the greatest benefit to the community has been the efforts that DFO staff have made to help bring groups together to achieve significant results. For example, the Salmon River Roundtable has made great strides in rehabilitating riparian vegetation and improving farm practices, as well as improving understanding of the need to protect fish habitat.

Much of the work that the Salmon Arm DFO staff do is behind the scenes, including reviewing development plans, helping groups apply for funding to do restoration and mapping and restoring the foreshore of Shuswap and Mara Lakes. For situations where development has caused significant harm, such as the riparian clearing alongside the Eagle River near Old Town Bay, DFO was able to prosecute the offending developer. As a result, the developer was fined and thus had to fund the reclamation efforts.

Another example of where DFO has protected key habitat is in the North Shuswap near Roderick Haig-Brown Park where a developer began to fill in a lagoon that floods in the spring. Because this seasonal body of water provides habitat for salmon fry and other species, the developer had to remove the fill and now this area is protected, although the adjacent RV park residents remove the riparian trees and bushes to get a view of the lake.

The federal government claims that under the existing legislation that was established in 1977, DFO has caused unnecessary delays to developers and has prevented development in floodplains and ditches, which they claim is not important habitat. However, in most cases the proponents who have not provided the information needed in a timely manner have caused the delays. And, for many parts of Canada, especially the Shuswap, ditches and floodplains does indeed provide key rearing habitat for salmon.

In addition to the legislative changes, DFO faced significant budget cuts last year and deeper cuts are planned for this year. Most of these cuts are to staff that work on habitat protection. It is entirely possible, that the local office of DFO could be closed and most of the jobs lost.  The federal government’s primary concern is to ease the restrictions on industrial development, particularly the proposed Northern Gateway Pipeline that would cross over 800 streams and rivers.

Most Shuswap residents support efforts to protect habitat for our iconic salmon. If we lose DFO, we will see threats to the viability of salmon increase. Environmental protection has long been the cornerstone of our democratic society, as most of us know that a healthy economy is dependent on a healthy environment. The plan to gut the fisheries act and weaken the environmental assessment process threatens our democracy and will in the long term weaken our economy.

To learn more, read the Ecojustice Fisheries Act backgrounder