The following letter was sent on behalf of the 400 members of the South Island Sea Kayak Association to Navigable Waters Protection Division and details difficulties with the proposed harbour development proposal. Note the addresses and email of the persons who may have an influence on this project at the conclusion of the letter.

click READ MORE...below to read OR it is available for download HERE.

November 3, 2009

 Mr. Ryan Greville
Area Officer
Navigable Waters Protection Division
Transport Canada
Pacific Region
820 – 800 Burrard Street
Vancouver, BC V6Z 2J8

Your file: 8200-05-8949                                       Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Mr. Greville,
Thank you for your letter of October 2, 2009 giving South Island Sea
Kayaking Association (SISKA) this opportunity to respond to the revised
plans for Victoria International Marina. While we appreciate this opportunity
to comment, we are concerned that other stakeholders and the public have
not had the same opportunity.

Given the significant impacts of this revised
plan the appropriate process would have been for NWPP to require the
proponent to deposit this revised plan at the land titles office with an
advertisement and a reasonable period for public comment.

In our opinion, the latest drawings continue to raise navigational, access and
safety concerns for a wide range of non-powered vessels, not just kayakers.
Standards under the Navigable Waters Protection Program (NWPP) require
that the review officers and the public are given access to a set of plans
that is clear, accurate and complete, with supporting documentation. A
review of the revised plans and earlier versions of the site plan indicates
that this standard has not been met. In order to act with due diligence,
Transport Canada must address the concerns raised in this letter as well as
concerns raised in earlier submissions that have not yet been adequately
addressed.

Please note that in July, 2009 NWPP agreed that the proposed
marina site plan should be overlaid on a Canadian Hydrographic Services
(CHS) navigational chart so that the impacts on navigation and safety of the
proposed work could be clearly and accurately assessed. To date we have not
been provided with this document. Has NWPP obtained this from the
proponent? When will this document be made available to stakeholders and
the public?

If Transport Canada required the proponent to overlay the proposed marina
site plan onto Chart 3412 and to report the clearances in navigable water
definitions, not as surveyor data references under each structure;
stakeholders and NWPP could use the CHS Current and Tide Table, Volume 5
for the Victoria harbour to determine if there is sufficient clearance under
the buildings and sufficient water under the vessels to safely use the
proposed paddle corridor. By using chart datum, it will be possible to NWPP
and stakeholders to determine if the clearances under the structures will be
safe for all non-powered vessels including outrigger canoes, stand up paddle
board users and row boats.

The proponent’s schematics of the ramp leading to the docks should show
the clearances based on chart datum at both the land end and the dock end
of the ramp for all structures. This method removes the ambiguity about the
sea floor contour from the foreshore out under the marina and in particular,
along the proposed paddle corridor. This information combined with data
from the Current and Tide tables is essential to determine the feasibility of
the corridor for all types of non-powered vessels.

Fisheries and Oceans web site defines datum as follows:
“Datum - For navigational safety, depths on a chart are shown from a lowwater
surface or a low-water datum called chart datum. Chart datum is
selected so that the water level will seldom fall below it and only rarely will
there be less depth available than what is portrayed on the chart.”
Reference: http://www.dfo-mpo.gc.ca/regions/central/issues-questions/index-eng.htm
 

It appears that NWPP has not taken under consideration that clearance
under the buildings will decrease over time as a result of changes in sea level
due to climate change. According to recent studies, at the current rate of
change in sea level the clearances through this corridor could decrease to a
point where navigation may not be feasible for the duration of the license of
occupancy of the water lots. Refer to Dr. Gordon Greeniaus’ letter to NWPP
in November 2009.

The clearance under the structures (buildings and bridges) according to the
proponent’s material is based on geodetic datum. Clearances on a Canadian
Hydrographic Chart (CHS) are based on chart datum and not the level of the
land as in geodetic datum. Therefore, the clearances under structures need
to be measured according to recognized standards for navigable water,
chart datum. For example, CHS Chart 3412 of the Victoria Harbour shows
clearances under structures such as the Johnson Street Bridge at 5.9 m and
the Point Ellice Bridge at 9 m. The NWPP has a duty to assess the proposed
work in accordance with the established marine navigational standards.
When will clearances based on chart datum be made available to
stakeholders and the public?

According to the renderings attached to your letter, the two buildings are
supported by pilings within the boundary of the corridor and therefore the
paddling corridor appears to be obstructed by pilings. The pilings present
safety risks to all non-powered vessels by restricting maneuverability and
line of sight.

The limited corridor width of approximately 8 m requires careful
maneuvering given its non-linear configuration. The curves require agility and
good pilotage by kayakers. Since the majority of kayakers paddle in groups
passage becomes difficult with increased risk of an accident in the corridor
and especially under the buildings. Furthermore, the narrow corridor is
inadequate for non-powered vessels to maneuver when there is opposing
traffic. Since there are several sets of pilings, the potential safety risk
increases further when the paddlers are negotiating the pilings on each side
of the two buildings due to the further reduction of space.

In order to navigate this narrow corridor, paddlers operating larger nonpowered
vessels are presented an extreme hazard. A six person outrigger
canoe (OC6) is 15 m long and 2.5 m wide. Paddlers of these large vessels
attempting to transit the corridor need to be very highly skilled as they are
extremely difficult to steer in the best of conditions and respond relatively
slowly to the helm. The proposed paddle route leaves little space to allow
for steering difficulties and opposing traffic to transit safely within the
corridor and under the buildings.

The revised plan lacks detailed measurements on the separation between the
pilings. When will this information be made available to stakeholders and the
public? Doug Linton, Director Safety and Standards, Victoria Canoe and
Kayak Club (VCKC) has stated that it is unlikely an OC6 could safely navigate
through this corridor. He states in his email of October 14, 2009 to NWPP
“…many steerspersons will opt to go around the marina on the outside in
order to avoid being caught between the proverbial ‘rock and the hard place’,
thereby entering the [approximately] 5m wide zone adjacent to the aircraft
taxiway … “. SISKA concurs with the concerns raised by VCKC, an organization of over 400 members who operate large non-powered vessels on
the north shore of the Victoria harbour on a year round basis.

Other navigational concerns have been raised by operators of non-powered
vessels who are forced to proceed around the marina between the aircraft
taxiway on the north side of Pelly Island and the perimeter of the marina
structure. Earlier submissions have provided evidence of serious safety
concerns with respect to this mix of marine and aircraft traffic in the
congested area, complicated by the effects of the wave attenuator and
mega-yacht traffic. Will NWPP and Lori Young as part of the operational
review respond to the navigational and safety issues raised by stakeholders
including Harbour Air Seaplanes, Victoria Harbour Ferries, Ocean River
Sports, VCKC and other organizations? Refer to Irene Faulkner’s letter of
September 21, 2009.

The alternative is to paddle around the exterior of the marina next to the
taxiway. The distance between the marina and the edge of the taxiway
appears to be approximately 8m. This creates unacceptable risks associated
with mixing powered vessels, aircraft and non-powered vessels in a
restricted space. These risks of congested traffic in a restricted area were
previously documented in SISKA’s submissions between December 2008 and
August 2009 to NWPP. Evidence of these navigational and safety concerns
are contained in the letter from Irene Faulkner dated September 21, 2009
on behalf of SISKA to Jim Prentice, Minister of the Environment, a copy of
which was forwarded to Transport Canada Minister, John Baird. At the
public meeting in Victoria on September 22, 2009, Ms. Faulkner presented a
copy of the letter to the panel chair in the presence of Lori Young, Regional
Director, Programs – Pacific, who is in charge of the operational review of
the proposed marina. Will NWPP and Lori Young respond publicly to the
submissions of September 21 and 22, 2009 as part of Transport Canada’s
operational review?

Paddling under the two buildings presents additional safety risks beyond the
issue of the pilings. Visibility becomes an issue as a paddler’s vision must
quickly adjust from bright sunlight to the darkness under the buildings
several times during their transit. Low light days and evenings will add to the
risk to paddlers. Under both lighting conditions, it could be difficult to
recognize and avoid other paddlers.

There is the strong probability debris and sea plant material will collect
behind the marina driven by prevailing winds and tides. The accumulation of  the debris will eventually create a navigational hazard to paddlers and could
block access to the paddlers. This could force paddlers out around the
marina and the mixed traffic issue arises once again. How will NWPP address
this navigational hazard as part of their review process?

With the larger non-powered vessels unable to navigate safely through the
narrow corridor, the effects of the wave attenuator come to the forefront
for vessels paddling around the exterior of the marina structure. We refer
you to earlier submissions to NWPP authored by Dr. Gordon Greeniaus
regarding the measurement of the reflective wave particularly when
westerly winds are blowing against the attenuator. In July 2009 Transport
Canada agreed to obtain a peer review of the proponent’s wave attenuator
study and the negative impacts on navigational safety. At the public meeting
on September 22, 2009, Lori Young reiterated Transport Canada’s
commitment to this peer review. What is the status of the review and when
will Transport Canada release this information to stakeholders and the
public?

In an earlier submission, SISKA raised concerns about effects on navigation
and safety of this marina if the use of this marina were to change in use
from a marina for mega-yachts to a marina for a larger number of smaller
boats. Evidence was provided earlier that Transport Canada officials are on
record as stating that such a change in use would raise serious concerns with
respect to traffic safety. This is because the current Victoria Harbour
traffic scheme requires smaller boats to use the traffic separation lanes on
the south side of the harbour. Previous requests for information on what
conditions Transport Canada would put in place to prevent this change in use
have not been answered. Due diligence requires that Transport Canada puts
conditions in place to prevent such a change in use. What are Transport
Canada’s intentions to ensure that the best interests of stakeholders and
public are protected with respect to this issue?

Although SISKA is responding in detail to this revised plan, our position on
the revised marina has not changed. The scope and the location of the
proposed marina are such that attempts to mitigate concerns by making
minor changes to the site plan are not effective.

This project will substantially impede safe navigation and public access to these waters. The
plan attached to your letter of October 2, 2009 does not adequately
mitigate stakeholder’s concerns regarding navigation nor does it protect
public access to these waters.

The approval of the project proposed by
Community Marine Concepts LP on the north shore of the Victoria harbour
will effectively alter the use of this area from the current public use to
private use.

The approval of this project is counter to the stated mission of
the Navigable Waters Protection Division to preserve the public right of
unimpeded safe navigation. This protection applies equally to all vessels
including a wide range of small non-powered vessels. It is not consistent with
NWPP’s mandate to focus on mitigation of concerns from kayakers only.
 

According to the NWPP guidelines, the public is entitled to access a set of
clear, accurate and complete plans and to participate in a fair and
transparent public consultation process. In order to restore our trust in the
review and approval process, the integrity, transparency and accountability
are of primary importance. It is SISKA’s contention that Transport Canada
has not responded effectively to requests for information from
stakeholders or effectively addressed concerns about navigation and safety
that have been identified. Therefore Transport Canada has not met its
obligations.

It is our expectation that the serious concerns raised by SISKA and other
stakeholders will be seriously considered and acted upon. This is how
Transport Canada can demonstrate that NWPP and the Pacific Region
Programs Branch that is carrying out the operational review will fulfill their
mandates to protect public access to these navigable waters and maintain
operational safety of Victoria Harbour.
Attached is a site plan of the proposed marina overlaid on the current Port
of Victoria Traffic Scheme that demonstrates the extent to which
navigation by non-powered vessels could be impeded by this project. See

Appendix A.
Respectfully,
Gary Allen
President
South Island Sea Kayaking Association
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Copies to:

Lori Young, Regional Director, Programs – Pacific Transport Canada
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Michael Henderson, Regional Director General Transport Canada
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Bob Gowe, Manager Navigable Waters Protection Transport Canada
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John Baird,  Minister, Transport Canada
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Jim Prentice, Minister, Environment Canada
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Pat Bell, Minister of Forests and Range
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Gary Townsend, ADM, Regional Operations Division, Forests
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Patricia Eng, Manager
Integrated Land Management Branch Forest and Range
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Dave Lutes, First Nations Land Officer Integrated Land Management Branch
Forest and Range
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Maurine Karagianis, MLA, Esquimalt-Royal Roads
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Denise Savoie, MP Victoria
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Keith Martin, MP Esquimalt-Juan de Fuca
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Mayor Dean Fortin and members of Victoria City Council

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