Photo by Save Estuary Land Society
FRENCH CREEK ESTUARY NATURE PRESERVE & HERON COLONY THREATENED BY DEVELOPMENT
The BC Parks Foundation led a fundraising campaign to conserve 9.22 hectares of ecologically sensitive land beside the French Creek estuary which was protected in 2022 as the French Creek Estuary Nature Preserve.
Now a proposed development on 1 hectare of private land beside the Nature Preserve threatens the Preserve's ecosystems, wildlife and a Great Blue Heron Colony located on the 1 hectare.
The BC Parks Foundation issued the following statement:
"As many of you will know, there has recently been development activity on privately owned land located beside the French Creek Estuary Nature Preserve. We wish to assure you there is no development happening within the Nature Preserve. The BC Parks Foundation, who helped protect the Nature Preserve, remain fully committed to conservation of the values within the Nature Preserve.
We understand and appreciate the community’s level of frustration and concern about the Regional District’s approval to clear and fill the private land and the lack of adequate protection for the heron nests on the private land.
All communications regarding this development should be directed to the Regional District of Nanaimo, the Province of BC, and the developer, urging them to stop any development on the private land that will have a negative impact on the herons and Nature Preserve.”
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The Nature Preserve is designated by Environment Canada as one of Canada's Protected Areas to protect its wildlife, their habitat, and to conserve and enhance its biodiversity.
Juvenile Herons at the Pond - Photo by Deborah Freeman
HELP PROTECT THE NATURE PRESERVE
& a GREAT BLUE HERON COLONY​
Please Join the Letter Writing Campaign Info on the Contact Page
Pond Photo by Save Estuary Land Society
​​​Development Information
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First Nations, RDN Board of Directors, BC Parks Foundation, RDN Parks, Residents in the area subject to road closures & disturbance, and other Stakeholders ​Were Not Informed About the Development.
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Dec 9, 2024 the Regional District of Nanaimo (RDN) Planning Department issued Development Permit NO. PL2024-002 to Don May Construction for 'clearing & filling' of one hectare (1ha) of land beside the Nature Preserve: Legal Description: Lot A, District Lot 28, Nanoose District, Plan EPP84504.
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Dec 11th a crew and heavy equipment arrived on site. Residents were alarmed when they woke to the sound of chain saws and the sight of large Douglas fir and other trees being cut down.
A BUILDING PERMIT HAS NOT BEEN ISSUED however portions of the land have been logged and cleared.
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In 1994, 30 years ago, a development permit application for the 1ha lot (as part of a larger property), was zoned RS5 - Multi-family Residential.
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In 2008, 16 years ago, the RDN Area G Official Community Plan (OCP) was implemented and hasn’t been updated since. It guides RDN planning, land use management and environmental protections.
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The RDN says public consultation “wasn't required” despite the dated zoning and OCP. ​First Nations, RDN Board of Directors, BC Parks Foundation, RDN Parks, residents living in the area subject to road closures & disturbance, and other stakeholders ​Were Not Informed About the Development.
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The RDN is 20 percent owner of the Nature Preserve and Manager as per a 99 year – renewable lease (Land Title Office CB77658). They are responsible for ensuring its “protection, preservation, and conservation for ecological, environmental and aesthetic reasons" as stated in the lease.
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RDN public engagement confirms the community advocates for the acquisition of the 1ha to prevent development beside the Nature Preserve to protect its ecological integrity, wildlife habitat and corridor as stated in the Nature Preserve's management plan.
Nature Preserve Threatened
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A 10 m setback from the pond and provincially red-listed wetlands permitted removal of trees and vegetation exposing wildlife to loss of habitat, cover, corridors and polluting runoff. The Nature Preserve and area supports many wildlife species, including 22 Species at Risk.
Great Blue Heron Colony Threatened​​
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The heron colony on the 1ha has 11 nests and fledged 19 chicks in 2024, an increase from 2 nests fledging 9 chicks in 2023 stressing the importance of this area for herons. Sandra Gray, a skilled heron observer with 35+ years of experience, Deborah Freeman, a wildlife photographer, and Denise Foster, chair of the Save Estuary Land Society, compiled data, photos and videos of the colony from Feb-Aug 2024. The data was mapped by the Provincial Ministry of Water, Land & Resource Stewardship.
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The developer’s contracted biologist reported only 5 heron nests and inconclusive data. The same biologists wrongly reported a Bald Eagle nest tree inactive at the French Creek Marina in 2019 which nearly resulted in the nest tree being cut down during nesting season until we proved the nest as active. The RDN accepted the contracted biologists' data which resulted in the removal of some protective trees and vegetation under 5 metres from nest trees exposing them to the elements and risk from predators
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Fencing required to be installed to clearly demarcate and enclose the boundary of the protective buffer for the heron nests and along the 10m protective riparian buffer from the pond and wetland's high-water mark ​Was not installed until Jan 7th - 28 days after clearing took place.
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This heron colony is 1 of only 2 active, identified colonies from Nanoose Bay to Deep Bay.
Some of the trees felled on the site
