10 September 2020 David Osborne President, for SIRRA 230 Cliffside Road, P.O. Box 47, Saturna, B.C. V0N2Y0 RE: 198 Cliffside Road, Saturna Island BC Dear David Osborne: Thank you for your letter dated August 17, 2020 addressed to Peter Luckham, Chair, Islands Trust Council, and Russ Hotsenpiller, Chief Administrative Officer (CAO), in which you asked about the activates of JESCO at 198 Cliffside Road, Saturna Island. Specifically you asked: 1. What knowledge did Islands Trust have of this project, and when? 2. What notice or advice did Islands Trust receive about its jurisdiction in this matter, and when? 3. What complaints did Islands Trust receive about this project, and when? 4. What investigations and enforcement action were taken, and when? 5. Will the Islands Trust now be investigating and enforcing appropriately the Bylaw? 6. When will the Islands Trust inform the public of Saturna about the history, current status, and proposed future regulation of this project? As the Manager of Bylaw Compliance and Enforcement, I have been asked to respond to your questions on behalf of the Chair and the CAO. Islands Trust opened a bylaw compliance and enforcement file (SA-BE-2019.3) in December 2019 after the receipt of multiple written complaints. The complaints were primarily concerned with the noise occurring from drilling underway so that cables could be run underground as part of the installation of a hydrophone in the water zone. However, there were also questions around the lawfulness of the hydrophone use in the water zone, and whether the research project conducted by a private research company, JASCO Applied Sciences (Canada) Ltd, was permitted on the residential property. I contacted JASCO regarding the complaints, and asked for additional information regarding the nature of the work on the lot. JASCO stated the hydrophone was being installed after they contracted with Transport Canada to collect noise readings from shipping traffic in Boundary Pass to evaluate the effects of shipping on southern resident killer whales. They provided the full Crown Land Tenure Application submitted to the Province for the installation of the hydrophone on the crown foreshore. As part of the Tenure Application process, JASCO posted in the Times Colonist in September of 2019, and they posted on a local community board. The Notice of Intention to Apply for a Disposition of Crown land stated that a right-of-way was requested on Provincial Crown Land located on the foreshore, and extending offshore to a distance of 2.3 kilometres. The application was open to comments until October 12, 2019. This application was not referred to Islands Trust for comment on compliance with local bylaws. Islands Trust Bylaw Compliance and Enforcement staff conducted a site inspection in January 2020, and determined that one of the possible compliance issues was that there was no principal residential use on the lot. An accessory building had been constructed previously and was being used as a workspace for JASCO equipment and staff. We informed JASCO that they should convert the building to a dwelling and establish a permitted residential use, otherwise they only had what could be considered accessory structures and uses on the lot. They committed to converting the accessory building to a dwelling and establishing a residential use, and to deal with a minor setback issue on the property. We also asked them to discontinue the use of a travel trailer as a residence because such a use is only permitted if there is a valid building permit for a dwelling. The travel trailer has since been removed. In June, we received a new complaint as boats and barges arrived in the area to complete the installation of cables for the hydrophone, and again, there was a considerable amount of noise from the work. Subsequently, we requested JASCO to submit a temporary use permit application in an attempt to address any possible compliance issues with the research project, and the uses on the property, which JASCO voluntarily agreed to do. This application was received on August 11, 2020, and is currently being processed. Sincerely, Warren Dingman Bylaw compliance and Enforcement Manager Cc: Peter Luckham. Chair, Islands Trust Council Saturna Island local Trust Committee Russ Hotsenpiller, Chief Administrative Officer