Flooding is a four-letter word for Wayne Steck, as it is for Ken McEachnie and other Kin Beach residents whose basements have suffered extensive water damage in recent years.
Steck and McEachnie both live on Astra Road, which falls within Area B of the Comox Valley Regional District. Their houses flooded in 2009 and 2010. Both said they had not flooded before construction began several years ago at Kincora Ridge Estates across the road from CFB Comox.
Steck said the problem appears to have originated across the street near the base of Kincora. Emcon Services, contractor for the Ministry of Transportation, had installed a culvert from the development to a point near the front of Steck's property. When flooding recurred the culvert was extended towards the ocean, but Steck claims Fisheries and Oceans Canada stopped the ditch from emptying into the ocean.
Water instead filtered into his basement, said Steck, who has spoken numerous times with the ministry and DFO. He is suing these and other parties he feels are responsible for the damage to his fully-developed basement.
Nick Leone, DFO's area manager for habitat management on the south coast, said cross-jurisdictional issues often results in misunderstanding and misperception. To his understanding, DFO did not order the developer to remove the pipe in question because there were no direct fisheries concerns.
"We would not have had jurisdiction to unilaterally say that it should be plugged," Leone said. "Issues like this, especially where you have several jurisdictions, first and foremost matters of appropriate drainage as related to property development or municipal development fall primarily under the jurisdiction of the municipal government in relation to their development permitting process and their community plans. And especially an issue relating to storm water management."
Which is not DFO jurisdiction, he added.
The Transportation Ministry could not comment while the issue is before the courts.
"A lot of the authority rests with the ministry," said regional district CAO Debra Oakman, noting subdivision approvals are ministry territory.
"When the subdivision approving officer is considering that then he's wanting to look at storm water management. When we look at rezoning applications, then while we can't have approval of them we would ask for engineered drawings. Our staff take a pretty strong look at those and keep asking the questions until they do have satisfaction that it's been well considered. But on the subdivision, that's where it's Ministry of Transportation and Infrastructure."
Oakman said district officials appraised the Kin Beach situation a few years back but did not see any direct involvement on their behalf.
"We certainly appreciate the issues around the drainage and the flooding, and it's certainly a concern for the board," she said. "The bottom line is that as we go forward everyone needs to work together. We need to have the bigger picture around drainage and understanding it. There's a real commitment, I believe, with all local governments and the provincial government to look at that."
Last year, the CVRD board committed $60,000 for a legal and technical review of bylaws and procedures to ensure the district is exercising due diligence with stormwater management in each electoral area.
The board also resolved to request the ministry to ensure the best stormwater and drainage management practices are utilized outside the CVRD's jurisdiction.