[LookOutSugarLake] Fwd: Follow-up investigation of Public Complaints over development activities at Sugar Lake

[handrc at xplornet.com]

Good afternoon Huguette.

My name is Patrick Tobin and I am the District Compliance Leader in 
charge of the Compliance and Enforcement for the Ministry of Forests and 
Range in the Okanagan Shuswap Forest District.

During August and September my staff received and investigated a number 
of complaints from members of the public regarding the development of a 
resort at Sugar Lake. It has come to my attention that you may not have 
been contacted regarding the findings of our investigation into the 
matter, and more specifically may not have received a response to your 
e-mail dated August 8, 2008.

My apologies for the tardy response. Below is a quick summary of our 
what our investigators found:

Prompted by both your letter and the concerns raised by the complainants 
our investigation attempted to answer the following questions:

1) Was the harvesting of timber at the construction site legal?
2) Was the proximity of the development to Sugar Lake in contravention 
of the Forest and Range Practices Act with respect to guidance under the 
Forest Planning and Practices Regulation pertaining to management in 
Riparian areas?

3) Were there any other potential contraventions of FRPA at the site?

This is what our investigation determined:

1) Was the harvesting of timber in the developed areas authorized?

Our investigation has determined that the client was issued an Occupant 
Licence to Cut (OLTC) from our office on July 3rd, 2008. This form of 
Licence to Cut is granted to those who have a "right" to be occupying 
crown land (ie a lease arrangement through Ministry of Lands (ILMB)). 
The OLTC legalizes the harvest and removal of timber in the areas 
identified in the Licence to Cut.

*Our investigation found that the client was harvesting timber in 
compliance with his Licence document.*

2) Was the proximity of the development to Sugar Lake in contravention 
of the Forest and Range Practices Act with respect to guidance under the 
Forest Planning and Practices Regulation pertaining to management in 
Riparian areas?

Under the Forest Range and Practices Act, or more specifically, under 
the Section 49 of the Forest Planning and Practices Regulation lakes 
greater than 1000 ha in size do not have a defined Riparian Management 
Zone around them. Sugar Lake, at approximately 2173 ha in size, falls 
into the category of a L1-A class lake and as such has no defined 
Riparian Management Zone around it. The theory, as I understand it, is 
that large water bodies, such as Sugar Lake, have far more resiliency to 
both natural and man made disturbances than do smaller lakes and 
therefore do not require lakeshore management areas.

*Our investigation determined that there has not been a contravention of 
the Riparian Management provisions contained in FRPA or the Forest 
Planning and Practices Regulation.*

3) Were there any other possible contraventions of FRPA or the Forest 
Act onsite.

*Our Investigation found activities to be in compliance at this time. *

I appreciate that local residents in the area have concerns over the 
development of a resort near the lake and want to ensure that the 
legislation regarding such activities is followed.

Our investigation has indicated that the client is following the 
legislative requirements that fall under our mandate to enforce.

If you have any additional questions or concerns or would like to meet 
with me to discuss this issue I would be more than willing to make time 
for you and any concerned residents in the area.

Please do not hesitate to call.
 
*Patrick Tobin*
*Operations Manager*
*Okanagan Shuswap Forest District*
*Direct:   (250) 558-1780*
*Email:    Patrick.Tobin @gov.bc.ca*