Decision Date: June 14, 1999

Panel: Toby Vigod

Keywords: consent order

Atlantic Pacific and Mr. Lycan appealed an order by an 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 Subsequently, at the parties request, the Board issued a consent order stating that the Engineer’s order be rescinded, and that culvert’s installation had been authorized under the Water Act and by the Ministry of Environment, Lands and Parks.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 consent 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.