REPORT

Dept. Head: CAO: Page 1 of 3

To: Chair and Directors Date: November 20, 2018

From: Kole Casey, South Peace Land Use Planner

Subject: Application for Non-Farm Use within the ALR, PRRD File No. 18-306

OPTIONS: [All Directors – Corporate Unweighted]

1. THAT the Regional Board support ALR non-farm use application 18-306 from T. & C. Hartnell for the

property described as NW1/4 of Sec. 10, T. 81, R.14, W6M, PRD, and authorize the application to proceed to the Agricultural Land Commission.1

2. THAT the Regional Board refuse authorization for ALR non-farm use application 18-306 to proceed to

the Agricultural Land Commission.

BACKGROUND/RATIONALE: OWNER: Timothy Hartnell, Cheryl Hartnell FILE NO.: 18-306

AGENT: Timothy Hartnell

AREA: Electoral Area D ALC FILE NO: 58257

LEGAL: The Northwest ¼ of Section 10, Township 81, Range 14, W6M, PRD

LOT SIZE: 64.7 ha (159.8 ac)

LOCATION: Doe River

PROPOSAL: For the allowance of an 8.9 ha (22 ac) water reservoir and pump house.

OFFICIAL

COMMUNITY

PLAN (OCP):

Peace River Regional District Rural Official Community Plan No. 1940, 2011

The subject property is designated ‘Agriculture-Rural’ within the Peace River Regional District Rural OCP Bylaw No. 1940, 2011.

Within this designation, the principle use of the land is generally limited to uses required for operating a farm or businesses which are directly compatible or complementary to the agricultural industry.

Within Section 3.1- General Development Strategies, the following goals and objectives apply:

Goal 1 objective (c): “To support the longevity of the agricultural industry through encouragement of farm diversification initiatives, allowing for uses compatible with agriculture, and generally supporting family and corporate farms.”

1 Option 1 (support): The Board may add recommendations to the ALC for additional conditions of approval.

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Application for Non-Farm Use within the ALR, PRRD File No. 18-306 November 20, 2018

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Goal 6: “Recognition of surface and ground water sources as critical, life sustaining resources and use of best practices in preserving, restoring, and protecting watershed areas.” and;

Goal 6 Objective (b): “In the resource extraction industries, to encourage water use that does not ultimately diminish the quality or quantity of water used for domestic and agricultural purposes.”

Comment: Oil and gas companies using this water facility can better manage and monitor its water usage, thereby helping maintaining the domestic and agricultural water usage instead of drawing from other non-controlled water sources within the area.

Within Section 3.2.7 Environmental and Water Protection, the following policies apply:

Policy 3 :

“Encourages the Province to enact and maintain an effective groundwater regulation which identifies aquifers and emphasizes protection of aquifers as well as private and public water source”.

Policy 8 :

“The PRRD recommends and encourages the Province to monitor, track, and report on water usage in the oil and gas industry.

Comment: The reason for this ALR Non-Farm Use application is for the applicant to successfully obtain a water permit from the Province

Within Section 16 Service, Utility, Transportation, the following goals and objectives apply:

Objective: “The ensure that infrastructure, utilities, transportation and public services requirements meet the present and future needs of residents in the Peace Region.”

Policy 5 “As opportunity and mutual benefit are identified, the Regional Board may work cooperatively with residents or local organizations to assess the feasibility of new or expanded community sewer or water system services.”

Policy 8 “Public Utility Uses are permitted throughout the Plan area.”

Therefore, this proposal will not require an OCP amendment.

ZONING: Dawson Creek Rural Area Zoning Bylaw No. 479, 1986

The subject property is zoned A-2 (Large Agricultural Holdings) within the Dawson Creek Rural Area Zoning Bylaw No. 479, 1986.

This designation states that agriculture, and public use, are allowed uses within this zone.

Section7.6 (Utilities and Public Uses)

7.6 (a)

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Application for Non-Farm Use within the ALR, PRRD File No. 18-306 November 20, 2018

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“Utilities and Public Uses, other than an office building or works yard, are permitted in all zones and are exempted from the minimum parcel size requirements subject to the Local Services Act;

Therefore, this proposal will not require a zoning amendment.

FIRE

PROTECTION

AREA:

Outside all fire protection areas.

BUILDING

PERMIT AREA: Voluntary.

DEVELOPMENT

PERMIT AREA: None.

FINANCIAL CONSIDERATION(S): None.

COMMUNICATIONS CONSIDERATION(S): None.

OTHER CONSIDERATION(S): None. Attachments:

1. Maps 2. ALC Application 3. Director Referral Comments

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MAPS

Application for Non-Farm Use within the ALR File No. 18-306

Context Map

Aerial Photo

Water Reservoir

Doe River Hall

Pump House

Pump House

Water Reservoir

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MAPS

Application for Non-Farm Use within the ALR File No. 18-306

PRRD Rural Official Community Plan Bylaw No. 1940, 2011

Dawson Creek Rural Area Zoning Bylaw No. 479, 1986

Water Reservoir

Pump House

Doe River Hall

Doe River Hall

Pump House

Water Reservoir

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MAPS

Application for Non-Farm Use within the ALR File No. 18-306

Agricultural Land Reserve

CLI-Soil Classification

Water Reservoir

Pump House

Water Reservoir

Pump House

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Timothy Hartnell , Cheryl HartnellApplicant:1.

Provincial Agricultural Land Commission -Applicant Submission

58257Application ID: Under LG ReviewApplication Status:

Timothy Hartnell , Cheryl Hartnell Applicant: Timothy Hartnell Agent:

Peace River Regional DistrictLocal Government: 11/09/2018Local Government Date of Receipt:

This application has not been submitted to ALC yet. ALC Date of Receipt: Non-Farm Use Proposal Type:

The purpose of the proposal is to obtain a water license for the 22 acre pond and pump houseProposal:that is located on this property. The New Water Sustainability Act requires that all dugouts need a waterlicense if the water is to be used for anything other than domestic purposes. In the past, oil and gascompanies have applied for and obtained short term water use permits for use of the water for industrialuses. FLNRO has stated that with the new Water Sustainability Act, these permits will not be availableunless a water license has been obtained. We have been asked by oil companies to apply for a waterlicense. This pond was built in 2010/11. When we purchased this quarter, the land was a hay field with the lowarea (where the pond was built) being only accessible in the fall on a dry year. The land to the west isonly good for pasture and bush. We have worked for Ducks Unlimited for approximately 40 years andthought that this would be a likely spot for a pond. All of the surrounding lands drain into this area. Weoffered it to DUC but they declined and said that they did not have the money at that time. We decided togo ahead with the project anyway, because the land was not farmable. It was always too wet in the spring.

We built the pond for a number of reasons. This water could be used for many applications. It can be usedfor agricultural purposes such as irrigation, pesticide and herbicide spraying, liquid fertilizer and possiblelivestock water. It is available for local fire fighting and road dust control. We have the only water truckequipped with a water cannon in the Doe River Area. We also built it for recreational use. We have acanoe and kayaks that we leave at the pond in the summertime for our family so that they can enjoy thenature habitat that has been created. We have hundreds of geese and waterfowl that use the pond in thefall when they migrate south as well as several species that breed on the pond.

Agent Information

Timothy Hartnell Agent: Mailing Address:

Box 1048Dawson Creek, BCV1G 4H9Canada

Primary Phone: Email:

Parcel Information

Parcel(s) Under Application

ALR NFU 18-306R-18

December 14, 2018

Timothy Hartnell , Cheryl HartnellApplicant:

1.

1.

2.

1.

2.

3.

4.

Fee Simple Ownership Type: 005-994-226Parcel Identifier:

NW 1/4 10 81 14 W6MLegal Description: 64 ha Parcel Area:

431 226 Road, Doe River BCCivic Address: 04/04/2011Date of Purchase:

Yes Farm Classification:Owners

Timothy Hartnell Name: Address:

Box 1048Dawson Creek, BCV1G 4H9Canada

Phone: Email: Cheryl Hartnell Name:

Address:Box 1048Dawson Creek, BCV1G 4H9Canada

Phone:

Ownership or Interest in Other Lands Within This Community

Fee Simple Ownership Type: 012-360-112Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.5 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 014-253-429Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.5 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 010-831-274Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.7 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 007-662-475Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.7 ha Parcel Area:

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Timothy Hartnell , Cheryl HartnellApplicant:

4.

5.

6.

7.

8.

9.

10.

11.

12.

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 007-662-441Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.6 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 007-662-513Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.6 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 007-662-629Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 65 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 007-662-335Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.9 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 014-285-631Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.7 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 005-994-233Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.7 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 013-716-298Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest: 64.7 ha Parcel Area:

Agricultural/Farm Land Use Type: Full Ownership Interest Type:

Fee Simple Ownership Type: 016-274-555Parcel Identifier:

Timothy Hartnell Owner with Parcel Interest:

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12.

65.1 ha Parcel Area: Agricultural/Farm Land Use Type:

Full Ownership Interest Type:

Current Use of Parcels Under Application

1. Quantify and describe in detail all agriculture that currently takes place on the parcel(s).120 Acres of Grain Farm, 18 acres bush

2. Quantify and describe in detail all agricultural improvements made to the parcel(s).No Agricultural Improvements

3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s).22 Acre Dugout and Load Out Shed.

Adjacent Land Uses

North

Agricultural/Farm Land Use Type: Cattle FarmSpecify Activity:

East

Agricultural/Farm Land Use Type: 150 Acre Grain FarmSpecify Activity:

South

Agricultural/Farm Land Use Type: 100 Acres of Hay, 60 acres bush and residencialSpecify Activity:

West

Agricultural/Farm Land Use Type: 80 acres pasture, 80 acres of bushSpecify Activity:

Proposal

1. How many hectares are proposed for non-farm use?8.9 ha

2. What is the purpose of the proposal?The purpose of the proposal is to obtain a water license for the 22 acre pond and pump house that islocated on this property. The New Water Sustainability Act requires that all dugouts need a water licenseif the water is to be used for anything other than domestic purposes. In the past, oil and gas companieshave applied for and obtained short term water use permits for use of the water for industrial uses.FLNRO has stated that with the new Water Sustainability Act, these permits will not be available unless awater license has been obtained. We have been asked by oil companies to apply for a water license. This pond was built in 2010/11. When we purchased this quarter, the land was a hay field with the lowarea (where the pond was built) being only accessible in the fall on a dry year. The land to the west isonly good for pasture and bush. We have worked for Ducks Unlimited for approximately 40 years and

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Timothy Hartnell , Cheryl HartnellApplicant:

thought that this would be a likely spot for a pond. All of the surrounding lands drain into this area. Weoffered it to DUC but they declined and said that they did not have the money at that time. We decided togo ahead with the project anyway, because the land was not farmable. It was always too wet in thespring. We built the pond for a number of reasons. This water could be used for many applications. It can be usedfor agricultural purposes such as irrigation, pesticide and herbicide spraying, liquid fertilizer andpossible livestock water. It is available for local fire fighting and road dust control. We have the onlywater truck equipped with a water cannon in the Doe River Area. We also built it for recreational use. Wehave a canoe and kayaks that we leave at the pond in the summertime for our family so that they canenjoy the nature habitat that has been created. We have hundreds of geese and waterfowl that use thepond in the fall when they migrate south as well as several species that breed on the pond.

3. Could this proposal be accommodated on lands outside of the ALR? Please justify why theproposal cannot be carried out on lands outside the ALR.No, this proposal could not be accommodated on lands outside of the ALR. The pond is already in existence. It was built in a low area that could not be farmed and in an area thatfills naturally every spring. All of the adjoining farm land drains into this pond. We have only a short twoweek window in the spring to fill all of our dugouts with snowmelt.

4. Does the proposal support agriculture in the short or long term? Please explain.The proposal supports agriculture in the short term and also in the long term. The water could be usedfor herbicide and insecticide spraying and for livestock water. Recently farmers are converting to usingliquid fertilizer which required large amounts of water. With the prediction of global warming, people inagriculture in government are saying we will need to store more water in the future. For many years therewas a government program called Prairie Farm Rehabilitation Administration (PFRA). This programencouraged farmers to build good quality water ponds. They contributed with funding and engineering.They helped to build thousands of projects in Western Canada. There is the potential for future changes in crop productions, should the effects of global warmingbecome reality as is predicted by climatologists and agriculturalists. DUC have been advertising that weare loosing approximately 80 acres per day of wetlands and marshes. Experts are saying to startpreparing for changes and expect water shortages to occur in the future. They are also saying that we, inthe Peace River Area, will likely be able to grow crops that will require more intensive agriculture and/ordouble cropping which would then require irrigation. This wetland allows our agricultural operation tobe more diversified and can quickly and easily respond to changes that may be required in theagricultural operations in the future.

5. Describe any economic values you believe are applicable to the application as it applies to s.4.3 ofthe ALC Act.In the past, oil and gas companies have applied for and obtained short term water use permits for use ofthe water for industrial uses. FLRNO has stated that with the new Water Sustainability Act, these permitswill not be available unless there is a water license that applies to that body of water. We have been askedby oil and gas companies to apply for a water license. The money received from the water sales helps tooffset the cost of the construction and maintenance of the pond. It also provides funds that allows us tomake improvements and complete maintenance to our existing agricultural operation (example - moreintensive weed control).

6. Describe any cultural values you believe are applicable to the application as it applies to s.4.3 ofthe ALC Act.One hundred years ago, my grandparents came to this country and one of their biggest obstacles was theshortage of good water. They dug their first dugout with two mules and a Fresno. This was only a shallowsummertime use dugout and in the winter, they melted snow. My grandmother used to pack drinkingwater in one gallon bleach jugs from Dawson Creek. Now, thanks in part to the PFRA program, mostfarmers have good quality water available for domestic and agricultural use.

7. Describe any social values you believe are applicable to the application as it applies to s.4.3 of theALC Act.We have many neighbours that enjoy walking or riding their horses around the pond and everyone enjoys

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the peacefulness and the solitude of the wildlife area. Over the past 100 years, thousands of wetlands have been drained in the Peace River region, especially inthe area north of Dawson Creek and south of the Peace River. These drainages have been to allowagricultural operations to more easily farm the land with the large equipment that is used today.However, these drainages have affected a number of things in the community. The number and abundanceof wildlife species has dramatically changed (species like sharp-tailed grouse, bluebirds, and severalspecies of hawks and owls to mention a few). The ground water table is not nearly as high and accessible to plants. Water availability for spraying,livestock, dust control, fire suppression, and other domestic uses like gardens, has been dramaticallyreduced. Farmers are finding they now need to create wetlands/dugouts to store water, and this wetlandis just one of these situations, albeit a bit larger than some. In the historic area there were wetlands of allsizes, some up to a few hundred acres. Presently in the whole area there are not more than a handful ofwetlands over ten acres in size.

8. Describe any regional and community planning objectives you believe are applicable to theapplication as it applies to s.4.3 of the ALC Act.The subject property is designated "Agriculture-Rural" within the Peace River Regional District RuralOCP Bylaw No. 1940, 2011. Within this designation, the principle use of the land is generally limited touses required for operating a farm or businesses which are directly compatible or complementary to theagricultural industry. Regional and Community planning goals and objective that apply to this application are: Within Section 3.1 General Development Strategies: - To support the longevity of the agricultural industry through encouragement of farm diversificationinitiatives, allowing for uses compatible with agriculture, and generally supporting family and corporatefarms. - Recognition of surface and ground water sources as critical, life sustaining resources and use of bestpractises in preserving, restoring, and protecting watershed areas. - In the resource extraction industries, to encourage water use that does not ultimately diminish thequality or quantity of water used for domestic and agricultural purposes. Oil and gas companies usingthis water facility can better manage and monitor its water usage, thereby helping maintain the domesticand agricultural water usage instead of drawing from other non-controlled water sources within the area.

Section 3.27 Environmental and Water Protection - Encourages the Province to enact and maintain an effective groundwater regulation which identifiesaquifers and emphasizes protection of aquifers as well as private and public water source. - The PRRD recommends and encourages the Province to monitor, track and report on water usage in theoil and gas industry. Section 16 Service, Utility, Transportation - Public Utility Uses are permitted throughout the Plan area. - This designation states that agriculture, and public use are allowed uses within this zone.

Applicant Attachments

Agent Agreement - Timothy HartnellProposal Sketch - 58257Certificate of Title - 005-994-226

ALC Attachments

None.

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Decisions

None.

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Peace River Regional District Memorandum

To: Leonard Hiebert, Director of Electoral Area ‘D‘ From: Kole Casey, South Peace Land Use Planner Date: November 20, 2018 RE: ALR Non-farm Use App # 18-306 Pursuant to the following resolution:

RD/15/04/26 (23) That a two-week period be added to the development application review process to allow time for the appropriate Electoral Area Director to review applications prior to them going to the Regional Board for consideration.

The attached application and report are provided for your review. Please return this form with your comments by or before December 4, 2018. Please contact me if you have any questions. Thank you. circle if COMMENTS: No Comment

Date: Initial:

Hi Kole,I have no questions or concerns at this time as the Hartnell' s are bringing their dugouts up to the required licensing.

Novemeber 25/18 LH

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