Decision Date: June 29, 1998

Panel: Cindy Derkaz

Keywords: consent order

Atlantic Pacific Land Corporation and Gary Lycan appealed an order by Engineer of the New Westminster Water District (“the Engineer”) regarding a culvert that was installed to allow North Millionaire Creek to flow beneath a road crossing. The culvert was deemed to be too narrow, causing the loss of fish habitat.

The appeal hearing was adjourned when the Board was informed that the parties may be able to reach an agreement. Subsequently, at the parties request, the Board agreed to conclude the matter by a written consent order. The order stated that the Engineer’s order be rescinded, and that culvert’s installation had been authorized under the Water Act and by the Ministry of Environment, Lands and Parks. The order further stated that the Appellants remove the culvert, install a larger one, and undertake mitigation, as per an engineer’s report, to enhance the stream’s fish habitat.