1. A Compendium of Photographs Documenting Alleged VQO Non-Compliance Ministry of Forests, Lands and Natural Resource Operations Prepared by: Jacques Marc RFT Visual Resource Management Officer Resource Practices Branch Jacques.Marc@gov.bc.ca July 22, 2015 Prepared for: Jennifer Davis Director Resource Practices Branch

2. Prince George Victoria Location of Alleged Non-Compliance Cases C&E Case Files 1.Olsen Landing 2.Redsands 3.Pryce Channel 4.Bowron Lake 5.Pryce Channel 6.Kibbee lake 7.Guyishton lake 8.Stuart Island Alleged Contraventions FPB Investigations 1.Skidegate Narrows 2.Hope Slide 3.Harbour Quay 1 8 3 5 Prince Rupert 2 7 4 6 1 2 3

3. Compliance and Enforcement Cases Leading to OBTH Hearings Results: 6 cases decided in favour of Ministry (75% success rate) 2 cases decided in favour of Licensees

4. DSC-23512 Olsen Landing Context: Olsen Valley can be found 25 km up Powell Lake on the north shore within the Sunshine Coast Resource District. VQO for this area was designated by the DM in 2001 and is Partial Retention. Weyerhaeuser Company Ltd. begins planning the cut blocks in this area circa 2000. A visual impact assessment is completed for the area August 10, 2001 by Chartwell Consultants. Two adjacent cut blocks (OL543 and OL543P) are harvested on the slope above Olsen Creek in February 2002. A review of the harvesting in this area by the district in July 2004 found that the PR VQO had been exceeded. The Coast visual resource specialist submitted a report to C&E in July 2004 confirming that the VQO had been exceeded. C&E initiates an investigation on July 27, 2005 which proceeds to an Opportunity to be Heard. DDM determined that cutblock OL-543, meets the partial retention VQO, and therefore harvesting was in accordance with the SP and Weyerhaeuser had not contravened section 67(1) of the FPC Act. Target VQO=PR Achieved VQO=PR View from Powell Lake towards Olsen Landing May 15, 2006

5. DKM-26311 Redsands Recreation Site Context: Redsand Lake Recreation Site is located 25 kilometers NNW of Terrace at the south end of Kitsumkalum Lake. The Recreation site has a beautiful sandy beach and is a popular recreation destination in the summer months. The default VQO for Pontoon Creek area southeast of Redsands Recreation site is Partial Retention. Kalum Ventures Ltd. Partnership is the licensee operating in the area. The approved FSP commits to carry out a VIA that describes how the visual design is consistent with the VQO and that the proposed block reflects the design. (Note: the FSP does not acknowledge or commit to the VQO of PR) A VIA was completed by Cypress Forest Consultants Ltd. on May 31, 2005. Cut block 1 of CP-3 of FL A73726 was harvested between July 20,2005 and October 20, 2005. Compliance leader concerned about result and launches an investigation. Gerrard Olivotto (consultant) hired to carry out a post harvest assessment and concludes that a Modification VQO was achieved. An Opportunity to be Heard was conducted April 3, 2009. The DDM determined that the facts do not support the finding of a contravention. In particular the licensee did not commit to meet the VQO, it only committed to carry out a VIA. Target VQO=PR View from Redsands Beach towards Pontoon Creek April 3, 2009

6. DSC-26403 Pryce Channel Context: Pryce Channel is located 60 kilometers NNW of Powell River. The landscapes are fjord like with forested hillsides extending from sea level to 1500-1600 meters. The area is popular for boaters and adventure tourism operators and the narrow water corridors and steep terrain make viewing opportunities very focal. The VQO on the landscape is Partial Retention and was established May 16, 1997. Two licensees operate in the area; International Forest Products and Weyerhaeuser Company Ltd. Interfors approved FDP states that the established VQO within the area of the plan will not be exceeded. Interfor completed a VIA in February 2005 in advance of harvesting that suggested that PR will be achieved. FL A19220 CP 850 Blk P-25 and FL A19224 CP 47 Blks P-26 & P-6 were harvested between July 2006 and August 2007 At the request of C&E South Coast Region the Coast Visual Specialist completed an in-the-field inspection December 2007 and concluded that a Modification VQO was achieved. C&E submitted a investigation report June 12, 2008, to Interfor alleging Non-compliance. An Opportunity to be Heard was conducted May 29, 2009. The DDM determined that a contravention had occurred and levied a $5,00 fine. View from Pryce Channel towards Interfor Harvest FL A19220 & FL A19224 Interfor Blk P-6 Interfor Blk P-25 Weyco Blk 546- 007 Interfor Blk P-26 Target VQO=PR Achieved VQO=M November 6, 2009

7. Context: Bowron Lake is located 100 kilometer east of Quesnel in the central interior and is internationally known because of it’s scenic canoe route. Cut block CP 220 within TFL 52 is located about 3 km west of the north end of Bowron Lake and is visible from viewpoints on Bowron Lake and from the road near Bowron Lake lodge. The VQO for the area was established in 2001 and is PR. West Fraser Mills Ltd. is the licensee. WFM completed a visual impact assessment in advance of harvesting but used the broader landscape as its unit of measure. CP 220 was harvested in the summer of 2007. The South Area Visual Specialist carried out post harvest inspections from three locations & concluded that the VQO was not met. An Opportunity to be Heard was conducted January 12, 2010. The DDM determined that the harvesting in CP 220 of TFL 52 did not conform to the VQO of PR for the area and assessed a penalty of $2,500. DQU-27870 Bowron Lake Target VQO=PRAchieved VQO = M View from Bowron Lake towards CP-220 January 12, 2010

8. DSC-28307 Pryce Channel Context: Pryce Channel is located 60 kilometers NNW of Powell River. The landscapes are fjord like with forested hillsides extending from sea level to 1500-1600 meters. The area is popular for boaters and adventure tourism operators. The narrow water corridors and steep terrain make viewing opportunities very focal. The VQO on the Pryce Channel landscape is Partial Retention and was established May 16, 1997. Two licensees operate in the area; International Forest Products and Weyerhaeuser Company Ltd. The Forest Development plan prepared by Northwest Hardwoods (Weyerhaeuser ) states that Northwest Hardwoods Ltd. will manage harvesting activities to meet visual quality objectives for the district. Interfor completed a VIA in February 2005 that included Weyerhaeuser Company Limited’s Cutblock 546-007. Forest Licence A47297 CP 55 block 546-007 was harvested in the spring of 2007, after the Interfor harvest. Interfor was found to have contravened the VQO with its harvesting of FL A19220 and FL A19224. (Case DSC-26403) C&E submitted a investigation report July 14, 2010 alleging a contravention. Weyerhaeuser Company Ltd. agreed that a contravention had occurred. The DDM determined that a contravention had occurred, but did not levy penalty. View from Pryce Channel of Interfor Harvest plus Weyerhaeuser Harvest of FL A47297 Weyco Blk 546- 007 Target VQO=PR Achieved VQO=M September 29, 2010

9. DQU-28340 Kibbee Lake Context: Kibbee lake is located on the internationally renowned Bowron Lake Canoe Route. It is 3 kilometers east of Bowron Lake and is the first lake canoeists reach on the start of their wilderness canoe trip. The Visual Quality Objectives for the area were established by the District Manager on October 24, 2001. The VQO for CP 219 is Retention in recognition of the canoe route views. CP 219 is visible from numerous locations on both Kibbee and Indianpoint lakes. West Fraser Mills Ltd. (WFM) is the licensee. WFM completed a visual impact assessment September 30, 2009 in advance of harvesting and concluded that the proposed alteration would fall within the Retention VQO. (The modelling was subseqeuntly found to be faulty) CP-219 was harvested between September and December 2009. No monitoring occurs despite the sensitivity of the area. C&E staff in Quesnel receive a complaint from BC Parks on December 3, 2009 that logging is visible from Kibbee Lake. C&E conducts an inspection January 27, 2010 and determines that three lakes are visible from the cut block. C&E meets with the licensee March 3, 2009 at which time West Fraser self reports a potential contravention. The South Area Visual Specialist carried out post harvest assessment and concludes that the harvest fits a Modification objective. An Opportunity to be Heard was conducted April 20, 2011. The DDM determined that the harvesting in CP 219 of TFL 52 did not conform to the VQO of Retention and assessed a penalty of $5,000. View from Kibbee Lake towards CP-219 Target VQO=PR Achieved VQO=M April 20, 2011.

10. DND-28158 Guyishton Lake Context: Guyishton Lake Recreation Site is located 7 kilometers south of the community of Burns Lake. It is accessible by 4 wheel drive or by hiking and is used primarily by locals for camping and fishing. The landscape above Guyishton Lake was designated as a known scenic area in 1996 and a Retention VQO was established on January 10, 2001. The licensee operating on this landscape is the Burns Lake Community Forest Ltd. (BL Comfor) Cutting Permit AAA which covered the Guyiston Lake landscape was issued to BL Comfor August 17, 2007. MFLNRO staff notified BL Comfor on November 7, 2008 that the Retention VQO above Guyishton lake had been already been exceeded, the result of previous harvesting under CP A00X. Forsite Consultants completed an Integrated Visual Design for West Burns Lake in 2008. Guyishton Lake Recreation site was not used as a viewpoint and no additional VIA work was completed. CP AAA-705 was harvested in September 2009 despite Ministry staff concerns. C&E initiated an investigation. The North Area Visual Specialist acting as an expert and concluded that the harvesting from Guyiston Lake Recreation Site had achieved MM and from the surface of the lake had achieved M. Both well in excess of the VQO. An Opportunity to be Heard was convened January 10, 2011. The DDM determined that the harvesting CP AAA-705 was a contravention and assessed a penalty of $7,500. Target VQO=RAchieved VQO = MM View from Guyishton Lake Recreation Site towards CP AAA-705 July 12, 2011

11. Context: Stuart Island forms a focal backdrop when travelling up Calm Channel in the Discovery Island Archipelago and was known to be a sensitive landscape. The Discovery Islands Marine Tourism Group voiced their concern to the Minister in fall of 2011 about the need for a high quality visual resource to conduct their business. International Forest Products began planning cut blocks on Stuart Island in 2009. The Company’s approved FSP committed that road construction activities and cut blocks would be consistent with VQOs. The Visual Impact Assessment for cut blocks STU-7 & STU-8 was finalized September 20, 2011. Licensee completed the harvesting of block STU-7 in April 2012. A C&E field inspection July 30, 2013, concluded that the established VQO of PR had not been met. Branch and Region Visual Specialists completed follow-up inspections Oct 3, 2013 and also concluded that the VQO was not met. An Opportunity to be Heard was convened April 29, 2015. The DDM determined that the harvesting STU-7 was a contravention and assessed a penalty of $20,000. DSC-31085 Stuart Island Target VQO=PR Achieved VQO = M April 29, 2015

12. Examples of alleged VQO non- compliance dealt with using less formal approaches.

13. DPC - Hasler Creek Context: Hasler Creek is located 15 kilometers west of Chetwynd, BC. along highway 97. The background landscape is in a designated scenic area with an established VQO of Modification The licensee operating in this area is Canadian Forest Products Ltd. A VIA was completed by Integrated Pro-action Corporation (Ipac) on August 30, 2010. Cut blocks T4163 & T4265 of TFL 48 CP763 were harvested between September 2011 and March 2012. July 6, 2012 Regional Visual Specialist makes note of cut block while on field trip and passes the information on to C&E. C&E completes an inspection of blocks T4163 & 4265 on July 20, 2012 and determines VQO has not been achieved and that there is an alleged non-compliance. Inspection report #266112. On July 5, 2013 a joint licencee/MFLNRO field trip is carried out to discuss block. It becomes obvious that the analysis work carried out buy the consultant was done incorrectly. C&E issued licensee a written warning given that the alleged non-compliance was a first time offence and that there were complications with the VIA. Target VQO=M Achieved VQO=MM View from Highway 97 south towards headwaters of Hasler Creek July 6, 2013

14. DSE-Keen Creek Context: Keen Creek is located 5.6 kilometers west of Kaslo, BC on Highway 31B. The VQO on the landscape is Partial Retention given the short viewing distances and steep and confined nature of the Highway corridor. The operator in this area is the Kaslo and District Community Forest. Cut block K3C CP 20 Block 1 was harvested prior to September 2013. C&E completed an inspection of block 1 K3C CP 20 on September 10, 2013 and discovered a contravention of the VQO. A violation ticket was issued under FRPA 21 (1). The Violation Ticket is a penalty of $173 and is recorded as a “determined” contravention. September 10, 2013 Target VQO=PR Achieved VQO=M View of K3C CP 20 Block 1 from Highway pullout on Highway 31B.

15. DPG - Bobtail Lake Context: Bob Tail Lake is a popular recreation lake located 56 km south west of Prince George that has a number of recreational cabins around its perimeter. The Pine forests on the slopes above the lake were heavily attacked by Mountain Pine Beetle in 2005. Licensee Gateway-Giscome FSP (A62425) did not have any results and strategies that exempted them from VQOs. The DM amended a number of VLI polygons from PR to M through GAR in 2006 to provide for the salvage harvest of dead Pine on the slopes above Bobtail Lake. It is unknown whether Gateway did any visual work in advance of harvesting Block BOB-022 was harvested in 2007. A district Staff member and a cabin owner expressed concern about the scale of harvesting. The North Area Visual Specialist inspected the harvesting January 21, 2010 and concluded the VQO had not been met. The Licensee Gateway went into receivership, so no further action was taken by the District or C&E. Target VQO=M Achieved VQO = MM January 21, 2010

16. Compliance and Enforcement Investigate alleged non-compliance cases, but do not proceed. Note: In both cases a FPB Special Investigation ensues.

17. DHG- Skidegate Channel Context: Skidegate Channel is a scenic confined fjord like waterway separating Graham Island from Moresby Island in Haida-Gwaii. Because of the steep slopes and short viewing distances the VQOs on much of the waterway are Retention or Partial Retention. In May 2009, Teal Cedar submitted a cutting permit application for CP 604 to the Haida-Gwaii Resource District. Concerned about the potential visual impacts, representatives from the district met with the licensee on July 8, 2009. The DDM issued CP 604 on July 16, 2009. He had no legal authority to refuse to issue the CP, despite his staff’s concerns. Also on July 16, 2009, the Village of Queen Charlotte sent a letter to the licensee expressing concern about the likely visual impact of the proposed logging of EAST08. The licensee began harvesting EAST08 on September 20, 2009. On September 22, 2010 when the result of harvesting on EAST08 appeared to be in non-compliance, C&E began an investigation. The Coast visual specialist submitted a report in May 2011 to C&E confirming that the VQO had been exceeded. On August 3, 2012, C&E informed the licensee that it had decided not to proceed with the alleged non-compliance, but provided no rationale for the decision. In March 2013, the Council of the Haida Nation’s Heritage and Natural Resources Committee complained to the Forest Practices Board about the block and a special investigation was launched. Reference Complaint Investigation #131091 Target VQO=PRAchieved VQO = M View from Skidegate Channel to CP-604 August 3, 2012

18. DSI – Harbour Quay Context: Harbour Quay is a prominent gathering place and viewing location on the Port Alberni waterfront. Tens of thousands of tourists visit Harbour Quay each year. The landscape has been carefully managed for visuals since the 1990s and the VQO for the landscape is PR. The licensee for this area is CISAA Forestry LLP. Cutblock layout for FL A81582 CP-001 Blk. 164211 is completed and draft maps prepared February 2010. A Visual Impact Assessment (VIA) was completed by Olak Visuals and submitted to the licensee February 24, 2010. It suggests that the proposed block will achieve PR. The Cutting permit is approved on July 12, 2010. Licensee undertook harvesting between September 2010 and June 2011. The extent of the harvesting is first observed June 29, 2011 by Lloyd Davies, Visual Specialist while on a field trip to the area. Additional complaints are subsequently received. July 11, 2011 C&E initiate an investigation, but concludes licensee committed to a strategy of being consistent with the VIA. Stewardship disagrees and get legal opinion from JAG to contrary but C&E refuses to spend more time on this file. Stewardship staff have professional discussion with licensee and forest professionals involved February 23, 2012. After being notified they had exceeded the VQO, the licensee added another cutblock 164215 to the same landform in 2013. The Forest Practices Board announced that it will investigate the harvesting visible from Harbour Quay June 12, 2015. July 11, 2011 Target VQO=PR Achieved VQO= MM View from Harbour Quay to FL A81582 CP-001 Blk. 164211 Blk. 164211 Blk. 164215

19. Alleged non-compliance cases referred to C&E but not actioned.

20. DNI - Mt Bury Quatsino Sound Context: Mt Bury is located on the south shore of Quatsino Sound, which is the most northern sound on Vancouver Islands West Coast. The area is best known for it scenery and off shore sports fishing. The VQO for the landscape was established as Partial Retention through a GAR 7(2) order August 19,2005. The licensee operating in this area is International Forest Products. Forest Licence A19238 CP 420 Block C215 was harvested between March and August 2011. The A19238 CP 420 Block C215 landscape was identified on the FREP random sample list in 2012. An effectiveness evaluation was completed by district and regional staff from a viewpoint near Kains Island on October 3, 2012 at which time the VQO was found to be not be met. District Stewardship staff forwarded FREP sample DNI-038 (Mt Bury) to the C&E North Island - Central Coast Field Unit - West Coast Region for action on December 12, 2013. A reminder note April 29, 2014, generated the following C&E Comment “No we have not looked at this as yet. Not sure if or when we will get to it.” A November 24, 2014 follow-up note produced no response from C&E. Target VQO=PR Achieved VQO=M View from Kains Island towards Mt. Bury Interfor Blk 215 December 12, 2013

21. DND - Helene Lake Context: Helene Lake is located 45 kilometers east of Burns Lake and 28 kilometers NNW of Fraser Lake. The lake has a boat launch on the west end used by fishermen. The VQO for the Helene Lake landscape VQO of Partial retention was grand-parented through GAR 17 when FRPA came into effect in 2004. The DDM released a VQO GAR Order under GAR 7(2) on April 1, 2010 re-confirming the VQO of Partial Retention. The licensee operating in the area is West Fraser Mills. Their FSP states they will be consistent with VQO objectives as they appear on their FSP map. Forest Licence A16826 CP 703 Block BE-10 was harvested between March and August 2011. In August 2012, the Compliance & Enforcement Officer, Skeena Region, requested Visual Resource Specialist help to review a recent opening on the north slope of Helene Lake for an alleged VQO contravention. The visual specialist provide his report on August 15, 2014 which concluded that the established VQO of Partial Retention is “Clearly Not Met”. The approved FSP may preclude C&E from continuing as Licensee map does not have a VQO for landscape in question. That being said the Licensee created an FSP map that changes the VQO boundaries in a manner inconsistent with what has always been available on the LRDW. This may be a misinterpretation of fact. Block BE-10 from VPT#6 Helene Lake Surface August 15, 2014 Target VQO=PR Achieved VQO=M

22. Context: The Coquihalla Highway is the most travelled highway in the province receiving 2.7 million passenger vehicles each year. The Coquihalla Pass is a narrow corridor with precipitous valley walls. As a result of the high traffic and scenic beauty, the VQO in this area is Retention. The licensee operating in this area is Cattermole Forest products. used 3 viewpoints, all were a Licensee completed VIA from VLI inventory rating points. (Wrong thing to do) FL A19202 Blocks CO1020 & CO 1040 are harvested in 2007. Public complaint to District Manager. In-field review Sept. 2008, VRM report Oct. 2008 (33 pages) District C&E unwilling to pursue. District choose to discuss with licensee on a professional basis. DCK- Coquihalla Highway October 2008 Target VQO=R Achieved VQO=M Cattermole Harvesting on North-side of Coquihalla Hwy, 3.5 kilometers South of Great Bear Snow Shed

23. View of TFL 23 CP 505 Block 5 from Shelter Bay - Galena Bay Ferry DSE- Nacillewaet Creek Context: The Nacillewaet drainage is extremely visible from the Shelter Bay ferry terminal when travelling south on Highway 23. The VQO for the area is Partial Retention. The licensee operating in TFL 23 is International Forest Products. TFL 23 CP 505 Block 5 was harvested in 2000. The District Stewardship Officer took a photo of the opening while travelling south across the lake on the ferry. An in-office assessment determined that the VQO achieved was Modification. The possible non compliance was reported to C&EA November 24, 2014 follow-up note produced no response from C&E. Target VQO=PR Achieved VQO=M

24. Examples of alleged VQO non- compliance that could not be enforced as a result of poor FSP wording, most notably licensee self exemptions.

25. HWY 97 (Coquihalla) Surrey Lake HWY 97 (Coquihalla) West of Elkhart Lake Target VQO=PR Achieved VQO=MM Target VQO=R Achieved VQO=MM

26. Alleged non-compliance cases to be investigated.

27. Target VQO=PR Achieved VQO=MM DND-Pinkut Lake DND-Taltapin Lake

28. DSC-Homfray Channel DTR- HWY 16 South of Clearwater Target VQO=PR Achieved VQO=M Target VQO=PR