Work has ceased for the time being at the proposed Gas and Go gas station near the Courtenay River estuary.
But not because the regional district ordered the work to stop.
“We’re following all the parameters of what was laid out in the development permit,” Glen Procter said on behalf of his brother Wayne, who owns the property at 3080 Dyke Rd.
Nearly two years ago, the CVRD issued Procter a development permit that allows site clearing and changes to the facade of the building that houses the Liquor Express. Procter needs a building permit to proceed further with his plan to build a gas station, convenience store, liquor store and possibly a restaurant.
Sierra Club Comox Valley — which was unsuccessful in an attempted legal challenge against the development — feels the location is inappropriate for a gas station due to environmental risks and heavy traffic flows on a narrow road. Club members are particularly concerned about a nearby eagle nest tree.
Excavation or development activity is not allowed within 30 metres of the tree.
“We’ve got a biologist, and he will make the decision if the eagle’s being stressed,” said Procter, adding an archeologist has been and will continue to be on site each time digging takes place.
Sierra Club co-chair Mike Bell questions if the biologist has been on site before Tuesday.
“We’ve provided extensive documentation of eagles in the nest and in the birch tree,” Bell said. “We are very interested to find out who the biologist was that was monitoring the site while the eagles were in the nest...we think that this is a serious problem.”
The club figures an even bigger problem exists.
“There’s a real danger that this will establish precedent throughout the rest of the regional district,” Bell said.
Procter said the contractor engaged a biologist early-December.
“There’s ongoing communications between the developer and Ministry of Environment, and those are conversations that Sierra Club aren’t privy to and won’t be privy to,” Procter said.
According to Bell, a 2007 report from biologist Steve Toth indicates the barrier from the eagle tree should be 30 metres. The Sierra Club, which had the report reviewed by two other biologists, notes Toth declared the site in question an urban area, which calls for a 100-metre barrier, and an additional 100-metre sound barrier during nesting season, Bell said.
He claims the district ignored the report.
“They clearly declared this to be an urban area, even though the development chair indicates that it’s a rural area,” Bell said. “We basically think there’s been a lot of manipulation going on over this situation.”
Not so, according to the district.
Manager of planning services Thomas Knight said the district accepts reports from registered biologists; otherwise, staff forwards reports to the Environment Ministry, which is the final arbiter.
“As staff, if we receive a geotechnical report, we have it reviewed by an engineer, or someone who has the certification to review it,” Knight said. “We don’t really implement any guidelines because we don’t have the expertise to be on site.”
In a separate development last summer, a petition was filed against the CVRD on behalf of Chief Ernie Hardy and the K’ómoks First Nation. The KFN claims the district breached its duty to consult with them about the Gas and Go proposal. The band also says the development would infringe on K’ómoks’ aboriginal rights and title.
reporter@comoxvalleyrecord.com