A property north of Campbell River, which was slated for a 200-lot residential development, has been found by a federal environmental regulator to be threatening fish habitat due to erosion from construction work in 2023.
Documents obtained by the Mirror from Fisheries and Oceans Canada (DFO) states that a harmful alteration, disruption, or destruction of fish habitat has either happened or is on the verge of happening at Ripple Rock Estates at 6805 Island Hwy.
"The residential development that has included clearing and grading of the majority of 36 hectares of land is deemed to be detrimental to the marine riparian habitat at this location," states a letter sent to owner Niclas Haglund from Fishery Officer Geoff Thorburn on May 23, 2024.
"The reduced bank stability and associated slope failures have and will continue to directly affect the marine environment by the deposition of fine sediments over the upper intertidal and shallow subtidal zones at this site."
This is the latest in a series of issues plaguing the property since the project was greenlit in 2021, and the roughly 40-hectare land was cleared while under Private Managed Forest Land in 2022.
READ MORE: Clearing for “Ripple Rock Estates” angers Race Point residents but developer says rules followed
In court documents filed in 2023, Upland Contracting, a construction company based out of Campbell River, which was hired to carry out construction work on the property, alleged Haglund's numbered company still owes over $2 million for rough grading and underground utility work carried out under two separate contracts.
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However, a counterclaim filed last September argues that the plaintiff, Upland Contracting, was negligent by not repairing "defective" drainage ditches on the property, which resulted in considerable erosion during heavy rainfall. Both DFO and Environment Canada investigated the site and issued corrective actions because of the potential harm sediment release from the site could cause the surrounding aquatic environment.
The property sits on a cliff next to Race Point Road, overlooking Menzies Bay. Significant amounts of sediment from the construction work over the summer in 2023 began washing into the bay from the embankment during heavy rainfall, eventually causing large fissures in the cliff.
Several other construction and engineering companies and one credit union have filed liens in the past two years. ISL Engineering and Land Services Ltd. claims the developer owes $369,547.83, plus interest, for engineering and consulting services it performed in 2021. The others include First West Credit Union for an undisclosed sum, McElhanney Ltd. for over $60,000, Tybo Contracting Ltd. for $310,000, and Ryzuk Geotechnical Ltd. for $14,000.
According to the document from DFO, which was obtained through freedom of information laws, DFO checked the site twice in October 2023. During those visits, DFO found that the harmful influence of the development on fish habitat would persist if immediate corrective measures were not taken.
The corrective measures involve evaluating the entire slope of the property for stability and making recommendations to stabilize it. The measures also include putting in place a plan for erosion and sediment control to manage sediment and water on the site, along with establishing a thorough planting plan to mitigate the "effects of the unauthorized marine riparian clearing."
Ian Buck, development services director with the City of Campbell River, said the city issued development and environmental permits once the property was logged and released from Private Managed Forest Land before construction on the land began in 2023.
The erosion on the property did not trigger a compliance issue with the city, Buck wrote in an email response, because DFO is the main authority overseeing harmful disruptions to fish habitats in foreshore areas. It was not necessary to duplicate DFO's effort, he said.
"If development were to proceed, registration of a no disturbance covenant adjacent to the foreshore would be required," Buck wrote.
