The contraventions of the rules governing logging on identified land occurred during and after timber harvesting by 624765 BC Ltd. along Arbutus Creek, a fish stream on Vancouver Island. As a result of his determination, CEO Kirk Miller assessed a penalty of $16,000 against the landowner.

"This is the largest penalty assessed by the Land Reserve Commission since it became responsible for forest practices on private land," Miller explained. "Prior to this the biggest fine was $13,000 for infractions along a stream in a managed forest on Saltspring Island."

In November of last year 624765 BC Ltd. was harvesting timber near Wigglesworth Lake. Unseasonably high levels of precipitation had fallen and there was runoff water on the roads and adjacent areas. By November 23 the company’s activities - which included the use of a rubber-tired skidder with chains, a loader, logging trucks and other vehicles - caused the roads to become muddy. Sediment was carried into Arbutus Creek. Runoff water containing large amounts of sediment also began pooling on a landing constructed by the company near Arbutus Creek. The company built a structure to drain the landing that directed water and sediment into the creek. Water sampling showed very small amounts of suspended sediment upstream from the harvesting and significant amounts of sediment were entering Arbutus Creek as a result of the company’s activities. After the company complied with instructions from the Land Reserve Commission, the amount of sediment entering Arbutus Creek was very significantly reduced and came within acceptable levels.

"The company has taken some steps to install proper drainage structures and surface materials on some of the road network," said Miller. "In addition, some temporary measures were carried out on the landing to prevent any additional sediment getting into Arbutus Creek. However, I’m concerned these measures may not be sufficient to prevent sediment entering Arbutus Creek in the future. I am therefore ordering that the company submit to me, within the next 30 days, a report prepared by a qualified registered professional. The report must assess the adequacy of the measures taken to date and specify any additional measures required to ensure the amount of any further soil erosion entering Arbutus Creek as a result of timber harvesting is minimized."

"After I accept the remediation report, the company must promptly carry out the measures specified to my satisfaction."

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Background:

The Private Land Forest Practices Regulation, B.C. Reg. 318/99, reads in part:

§ 6	(1)	An owner of identified land who carries out timber harvesting activities must ensure that roads, landings and excavated or bladed trails are constructed and maintained in a manner that minimizes
		(a)	soil erosion.
9	(1)	An owner of identified land who carries out, adjacent to a stream, timber harvesting or related activities, silviculture activities, or road construction or deactivation activities, must ensure that those activities meet all of the following requirements:
		(b)	soil erosion into streams is minimized;

  View Notice of Determination