Developer getting more government cash for Vernon property used by National Defence

 By Charlotte Helston INFO News November 22, 2017 - 8:00 PM
VERNON - A B.C. developer has received another payment from the federal government for a Vernon property that may contain buried military explosives. K&L Land Partnership was handed $4.4 million for “environmental damages” according to recently released federal financial documents. It’s not the first time the government has discreetly paid millions to the developer. Last year, it reached an $11-million settlement with K&L Land Partnership, which had sued in 2013 over the possible presence of unexploded ordnances leftover from Second World War military training. The government is not commenting on any details of the settlement, including the reason for the second payment. “A confidentiality agreement prevents us from sharing the details of the settlement between the Crown and K&L Land Partnership. What I can tell you is that the property in question was set aside as a range and training area during the Second World War. Although we (DND) occupied the site beginning in July 1941, the site was not used extensively,” a media spokesperson said in an email to iNFOnews.ca. According to court documents from K&L Partnership’s lawsuit against the government, it bought the 1,349 acre property overlooking Kalamalka Lake for $15 million in 2005. Vancouver-based lawyer Howard Shapray, who represented K&L in the lawsuit, said Wednesday, Nov. 22, he is not at liberty to discuss the terms of the settlement. The Vernon area was used for military training in the 1940s, and unexploded ordnances continue to be unearthed today. Eight people were killed by unexploded bombs between 1948 and 1973 in the Vernon area. Clean-up efforts are underway on Okanagan Indian Band land, which the Department of National Defence leased for training, however band officials have said the progress is moving far too slowly.

Okanagan band pursues legal action over explosives

by Staff Writer - Vernon Morning Star Vernon posted Oct 5, 2016 at 9:00 AM

The Okanagan Indian Band is taking Ottawa to court over military explosives. The band has filed a civil claim in the Supreme Court of B.C. against the attorney general of Canada, the official representative of the Department of National Defence, for what it says is 26 years of refusing remove unexploded ordnances from reserve lands. “DND and Canada have neglected their duty to remove UXOs. Our band members aren’t able to safely use, or develop these areas,” said Chief Byron Louis. “The affected lands are prime areas of value for commercial, residential and agricultural uses. We have been patient and made every effort to work with Canada on the timely removal of UXOs, but after nearly three decades of limited clean-up efforts, we are tired of waiting.” DND used reserve lands for military training, including the firing of live munitions, at various times between 1939 and 1990. Louis says the lease agreements required DND to clean up and remove military munitions scrap and unexploded ordnances once military use of the area ceased. Between 1944 and 1973, nine civilians have been killed and three injured from UXOs on the Goose Lake range, Glenemma range and other former ranges in the Vernon area. This August, an explosive was found during a wildfire near Predator Ridge. "The contamination caused by decades of UXO and munitions scrap in the ground is another key concern; removal of these materials must be accompanied by remediation of the lands," said Louis. "Chief and council will continue to take progressive steps to resolve the issue of abandoned UXO on reserve lands in an effort to increase the safety and well-being of everyone living in the Okanagan."
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Also see http://infotel.ca/newsitem/okanagan-indian-band-sues-government-for-neglecting-to-remove-unexploded-military-bombs-from-reserve-land/it35240

Military Bomb Found At Fire Site Posted on 8/29/2016 11:12 AM by Pete McIntyre 107.5 KISSFM

Posted on 8/29/2016 11:12 AM by Pete McIntyre 107.5 KISSFM

Mop up duties on the wildfire site near Predator Ridge had to be suspended Sunday after an unexploded ordnance was found in the area. Vernon Fire Rescue Chief Keith Green says the proper precautions were taken. "One of the (Wildfire Service fire fighters) stumbled across it while we were mopping up, and we were spread out all over the place. So, once we had a look at what was found, we pulled everyone back to staging and called the RCMP." A crew from the Department of National Defense is on the way to the area to collect and dispose of the ordnance. Green says it was likely left over from military training held in the Vernon area dating back to World War 2. "In talking with the land owner's family, they said that is the furthest one towards Predator they have ever heard of, but we know this area was used as a training ground and many have been found on the Commonage side and the lake side, along with in Kal Park and some near Goose Lake." If an ordnance is discovered, people are advised to leave the area immediately and call 9-1-1 to report it. The fire, which charred about ten hectares near Kokanee Road and north of Predator Ridge Saturday, was caused by a downed power line, caused by the strong wind that day. Fourty-five homes in Sunset Properties were put on evacuation alert Saturday, which was rescinded Sunday once the fire was officially under control. Green says crews are still monitoring for any hot spots at the fire scene.

Commonage reviewed

by Richard Rolke - Vernon Morning Star posted Jun 22, 2016 at 1:00 AM— updated Jun 22, 2016 at 5:47 AM

Naturalists fear the proverbial horse may be out of the barn when it comes to preserving a sensitive ecosystem. The City of Vernon is pushing ahead with a rezoning process for the Commonage area. “We’re happy with what they’ve done but we’re wondering why the process has taken so long?” said Rod Drennan, with the North Okanagan Natural Areas Preservation Committee. “There have already been development applications received by the city so (if they are approved) the proposal will apply to very little land.” Drennan’s group first raised the need for preservation of the Commonage in 2011. Under existing zoning, which dates back to when the area was still part of the regional district, minimum lot sizes can be smaller than land use designations in the city’s official community plan. This could allow for greater development potential. NONAP has stated there is a need to abandon regional district zoning and bring the 769-hectare area in compliance with city zoning. Changes could occur to properties designated as rural/agriculture and Agricultural Land Reserve in the official community plan and zoned non-urban or rural small holdings. “These properties would be rezoned to rural large holdings, which has a minimum lot size of 12 hectares, or 30 acres, consistent with the policies in the OCP,” said Rob Miles, manager of long-range planning, in a report. One property, which consists of 25 per cent of the 769 hectares, has been granted a development variance permit to reduce the lot size under the existing zoning as part of a possible future subdivision. Another property is 72 per cent of the land base and a subdivision application has received a preliminary layout review based on the zoning currently in place. Should conditions or permits expire, any new zoning would apply. As for concerns that it’s taken the city too long to focus on the Commonage, Miles says workload has been the issue. “Other priority projects were undertaken, including the official community plan review, the master transportation plan, the parks master plan and the airport master plan,” he said. Impacted property owners will be notified of the process in July, while there would be a public open house and property owner consultation in August and September. Adoption of any zoning changes could be considered by council later this year. “I’m not against future development, but it must fit in with the area,” said Mayor Akbal Mund. “I will give credit to our planning staff for trying to address the concerns.”
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Click on  commonage label for some of the history.

Band clarifies process with Ottawa to remove explosives

by Staff Writer - Vernon Morning Star posted Jan 18, 2016 at 8:00 AM
The Okanagan Indian Band insists approval isn’t needed from Ottawa to develop its land. The band has been pushing the Department of National Defence to clean up explosives on reserve land previously used for military training. “Recent media coverage of the Okanagan Indian Band’s efforts to clear their lands of unexploded ordnances included a statement from the DND that misleads the public about DND’s contractual obligations to clean training areas once they are no longer being used for those purposes,” said Chief Byron Louis. Recently, DND told Global News: “To support the Okanagan Indian Band’s future development plans, DND will continue to assess and initiate clearances once the band has finalized its economic development implementation plan and timelines.” However, Louis says there is no requirement for the band to submit an economic development implementation plan or timelines prior to DND clearing the lands of explosives. “In the original agreement which allowed the DND to use the OKIB lands for training purposes the contract clearly states that, ‘the permittee (DND) undertakes to repair all damage done to the land and to fill all holes for the protection of stock and riders,’” he said. “Further, DND agrees to remove, or dispose of all duds from the permit area at the termination of any firing practice.’ Subsequent numerous agreements, all signed by the DND state their obligation to remove UXO from OKIB lands.” The federal government recently settled a legal dispute with Aquilini Development over land south of Vernon that was used for training. The company is currently clearing explosives from the property and it has applied to the City of Vernon to subdivide. “The failure to clear OKIB’s reserve lands of unexploded ordnances continues to impact the Band’s potential uses for those lands,” said Louis.
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Okanagan Indian Band tired of waiting for Defence Department to clean up military explosives
January 18, 2016 - 10:46 AM by Charlotte Helston INFO-News.Ca

VERNON - Military explosives left littered on their lands by the Department of National Defence continue to hamper the Okanagan Indian Band’s plans for development. In a media release issued today, Jan. 18, Chief Byron Louis is calling on the Defence Department to fulfill promises made in the original agreement for use of the borrowed land, which states: ‘The Permittee [DND] undertakes to repair all damage done to the land and to fill all holes for the protection of stock and riders.’ Further, ‘[DND] agrees to remove, or dispose of all duds from the permit area at the termination of any firing practice…’ The Defence Department has stated it will assess and initiate clearances once the band finalizes its economic development implementation plan and timelines, Louis said in the release. “There is no such requirement, under the terms of the permits, for the Okanagan Indian Band to submit an ‘economic development implementation plan’ or ‘timelines’ prior to DND clearing the lands of (unexploded explosive ordnance),” he said. Until the land is cleared, potential uses for the property is in limbo, Louis said. Recently, Aquilini Development and Construction Inc. settled out of court with the the Defence Department over unexploded explosive ordnance on their property which is near Okanagan Indian Band lands.

Ottawa pays $11 million to developer

by Richard Rolke - Vernon Morning Star posted Jan 8, 2016 at 1:00 AM— updated Jan 8, 2016 at 5:53 AM
The federal government has handed over millions of dollars to a developer. Documents indicate that Ottawa paid $11 million to settle a legal dispute with K&L Land Partnership, which sued the federal government over 1,349 acres above Kalamalka Lake containing explosives. Aquilini Development and Construction, which owns K&L, is currently clearing the property south of Bench Row Road and west of Commonage Road to make sure any possible explosives are removed. “That’s ongoing for some time,” said Kevin Clarke, with Vancouver-based Aquilini. “It could be another year-and-a-half.” Parts of the Greater Vernon area were used for explosives training during the Second World War. K&L initiated the legal action in 2013 after purchasing the land from its previous owner in 2005 for $15 million. At the time the court case was initiated, K&L stated that the Department of National Defence had not detailed the potential hazards related to explosives. It’s not known when actual development of the K&L property could take place. The lands are in the City of Vernon and they are designated largely rural/agricultural and zoned non-urban. “The property owner has submitted an application to subdivide the property under the current applicable zoning provisions. The application proposes a bare land strata lot subdivision for single family dwellings,” said Dale Rintoul, the city’s manager of current planning. On Tuesday, the city referred the subdivision application to utility companies and government agencies for review and comments. A public hearing may not be required if the subdivision application doesn’t require rezoning approval or a bylaw variance. “If the property owner’s proposed subdivision meets all of the applicable bylaws, policies and guidelines, then the subdivision would be approved subject to a list of conditions,” said Rintoul. Because of a confidentiality agreement with K&L, DND would not comment about the settlement except to say, “The property in question was set aside as a range and training area during the Second World War. Although DND occupied the site beginning in July 1941, the site was not used extensively.”
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Okanagan Indian Band pushes for action on UXO
By Megan Turcato Reporter Global News January 7, 2016 6:23 pm
NEAR VERNON – Decades after they were used in military exercises, potentially dangerous unexploded explosive ordnances (UXO) still remain on lands owned by the Okanagan Indian Band. Federally funded work to clean up the areas is on-going but it’s not happening quickly enough for the band. “[It’s been] near 25 years since [the Department of National Defence] left and we are still stuck with storing their dangerous goods on our reserve lands,” says chief Byron Louis.The band would like to see the clearance become more of a priority. “We are just hoping to raise awareness that the government ought to be helping us more in clearing UXO from the reserve,” says Darcy Aubin the band’s director of lands and economic development. The Okanagan Indian Band hopes to see the land developed or used for housing. “We have a real shortage of member housing here so one of the first phases of development would likely be some sort of residential development mixed in with a little bit of commercial,” says Aubin. “The uses really are endless because of the vistas from the lands that we are talking about are beautiful.” However, according to the band, the UXO are standing in the way. “We can’t really do anything with the land until it is cleared,” says Aubin,. “Getting the UXO out of the ground is one issue, then you have to deal with all the contamination from those actual UXOs in the soil.” No one from the Department of National Defence (DND) was available to for an interview Thursday, instead they supplied a written statement. In it the department says work has been done to clear “the most heavily impacted part of the former Madeline Lake Range.” “UXO surveys are also being conducted at the former Goose Lake Range, in order to identify any other potential areas of concern. To support the Okanagan Indian Band’s future development plans, DND will continue to assess and initiate clearances once the Band has finalized its economic development implementation plan and timelines.” Aubin says he feels staff with the DND and Indigenous and Northern Affairs Canada want to help address the UXO issue. “Their hands are tied as well because they’ve got an annual budget that is set way before they even know about it. We are just hoping that the powers that be increase that annual budget for not only us but first nations across the country that are dealing with this UXO,” he says. In the meantime the band expects UXO clearance work to resume again in the spring as soon as weather conditions permit.
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Explosive property
by Kate Bouey -CASTANET Jan 8, 2016 / 11:43 am
A Vancouver company hoping to subdivide a huge parcel of land between Commonage and Bench Row roads expects its efforts to clear Second World War explosives from the site could last until 2017. “It began in the spring of last year and is a two-and-a-half year project,” said Kevin Clarke, of Aquilini Development and Construction Inc. of Vancouver. “A company we have is clearing the land, with National Defence overseeing it. “There is a history of all of those lands around the whole area being littered with explosives. It is a major issue with them dating back to the Second World War.” Clarke said Okanagan Indian Band land has even more aging ordinance than the section his company is dealing with. According to the Department of National Defence, the Commonage was set aside as a range and training area during the war. The land was used by DND beginning in July 1941, although the department said it does not appear to have been used extensively. However, it admitted there have been several unexploded ordinance encounters in the area, including fatal incidents in 1948 and 1963. A Maclean's magazine article earlier this week stated a 120-hectare portion of a former mortar range on OKIB land had been scanned by high-intensity metal detection equipment, showing about 10,000 marks. Don Louis, the OKIB's liaison with DND, said thousands of pounds of munitions had been removed from one two-acre parcel. He said work to clear OKIB land would resume in March. Meanwhile, Clarke refused to comment publicly on a local news report that Aquilini's company, K&L Land Partnership, had agreed to an $11-million legal settlement from the federal government over non disclosure of the ordinance issue when the Vernon land was purchased.
The firm has submitted an application to the City of Vernon to subdivide the property that Clarke said is almost 1,400 acres in size.“The application proposes a bare land strata, 54-lot subdivision for single-family dwellings,” said Kim Flick, director of community infrastructure and development. The application was distributed to utility companies, agencies and departments for review Jan. 5, Flick said, adding responses should be forthcoming within two weeks.

Okanagan band members defuse explosives

by Staff Writer - Vernon Morning Star posted Jul 17, 2015 at 10:00 AM

Okanagan Indian Band members will be tackling an explosive situation. The first three of nine band members have been selected to attend training in Texas to assist in disposing of unexploded explosive ordnance from OKIB lands. “While Canadians prepare to celebrate the end of the Second World War, relics of that era still litter our lands,” said Chief Byron Louis. “During a clean-up last year, technicians found live mortars which were over 70 years old.” Beginning with the Boer War in 1906, the Department of National Defense used OKIB range land at Madeline Lake and Goose Lake to train soldiers in firing live mortars, grenades and other munitions, including white phosphorous. “They would fire the mortars from one range to the other,” said Louis. “That’s over 12 kilometres and poor aim by soldiers in training saw much of our land surrounding the ranges also polluted.” The recent agreement between the band and DND will see a total of 10 band members trained to become UXO technicians over the next three years. DND is providing the funding for training. “The clean-up effort will take time and an ongoing commitment by our partners in Ottawa,” said Louis. “I’m proud of the members who came forward to be trained in this vital role. Their efforts will provide an opportunity for our future generations to enjoy our land safely.”

WATCH: Detonations help clear mortars from Okanagan Indian Band land

By Global News Sept 4   (Video)
NORTH OKANAGAN – Two detonations Thursday were another step in a long process to clear an area northwest of Vernon of unexploded explosive ordinances (UXO’s).“In the last couple of weeks we’ve pulled out probably a ton and a half of either munitions or scrap from munitions,” says Don Louis, the Okanagan Indian Band liaison to the Department of National Defence. “The area is still littered.”The Madeline Lake Range site is Okanagan Indian Band land that was used by the military for activities like troop maneuvers, shooting ranges and live fire exercise starting in the early 1900s. “Because records weren’t kept that far back, it is a long process to find all of these items and to clear them,” says Department of National Defence project manager, Lisa Hampson. Thursday four mortars were detonated. Two were sand filled and the other two high explosive mortars. “Anything that is suspected to be potentially live munition[s] is blown in place with the sand bags around it,” says Hampson. The denotations went smoothly but there is still a lot more work to be done before the area is cleared. “We’ve done a good two years of work here and we’ve [only] done a small portion of it,” says Louis. “It is going to be a ten to 15 year probably, several hundred million dollar process to clear the site and even then you never get everything,” says Hampson. “You’ll never get every scrap of metal out of the ground.” As work continues the message to the public is: if you didn’t drop it, don’t pick it up. Anyone who spots a UXO is asked to call authorities.

UXO signs spell caution

By Roger Knox - Vernon Morning Star Published: September 18, 2013 1:00 AM

New signs located along fences on the side of Commonage Road warn of the possibility of unexploded explosive ordnances (UXO) still being in the area.The new signs installed last week by the Department of National Defence (DND) join the already detailed signs located within Kalamalka Lake Provincial Park warning about the possible existence of leftover UXOs from the Second World War. Both old and new signs outline the steps that should be taken if a UXO is found. The Commonage and Coldstream area were both used as training facilities during the war.“The Department of National Defence UXO and Legacy Sites Program is also working with landowners in the Commonage area to provide signage where required,” said Jennifer St. Germain, a DND communications adviser. Since 2005, the UXO and Legacy Sites Program has been active in the Vernon area by installing warning signs, attending the Armstrong Interior Provincial Exhibition, conducting public information sessions and safety briefings to members of the public who may potentially come across UXOs. This includes municipal, district and provincial employees, search and rescue officials, fire departments, recreational users, dive clubs and construction workers.“In addition, DND plans to continue the Vernon Schools Program, which involves UXO awareness education, with in-class activities for more than 1,000 students in Grades 3 and 9,” said St. Germain. As part of its commitment to ensure the public’s safety and address the presence of unexploded explosive ordnance (UXO) sites in Canada, the Government of Canada created the UXO and Legacy Sites Program in 2005. The program team includes trained specialists who ensure that appropriate actions are taken efficiently and safely when UXO are found. “A UXO does not look like it did when it was first made,” said St. Germain. “It will have been in the dirt or water for many years so it will likely look old and corroded. “It may be missing parts so it could look like a piece of old pipe, an old car muffler, a pop can, or just small pieces of corroded metal. It is usually not lying neatly on the ground or underwater - it is usually partly exposed or completely buried.” All UXOs must be considered dangerous, whether they look old or new. Disturbing it can make it explode, causing injury or death.

If members of the public think they see something that could be a UXO, the DND offers up the following recommendations:
- Do not touch it;
- Note the area where the UXO is and leave the same way you came;
- Call 911 or law enforcement authorities.

More information on the UXO and Legacy Sites Program is available at www.forces.gc.ca/assets/uxocanada.html.

Telus construction crew shell-shocked

By Dale Bass - Kamloops This Week Published: August 23, 2013 1:00 PM 
Ground-penetrating radar is being used on Friday, Aug. 23, at the Telus data-centre construction site in Kamloops after an unexploded ordinance was discovered.  Telus spokesman Shawn Hall said workers uncovered the device on Thursday, Aug. 22, and stopped digging. Authorities were called, the area was evacuated and the device, an old shell, was blown up later that day. The site off McGill Road, near the city's public-works yard, that will house the Telus data centre was once home to the military, who used bunkers in the area to store many materials. Hall said Telus was aware there was some likelihood the ground would reveal military weapons and other items when it identified it for the $75-million site. "But any site has previous history in the land," Hall said. "The site was well-screened for devices before construction and we are re-screening the area." Hall noted no one was ever at risk, the safety plan worked well, authorities responded quickly "and everything worked out the way it should." The centre is part of a $100-million investment by Telus in Kamloops to bring what it calls the fastest wireless technology in the world to life and expand its Optik TV footprint. It has created about 200 construction jobs and, once in operation, will add 75 permanent information-technology jobs.

Military Mortar Removed From Kal Lake

Written by Peter McIntyre 107.5 KISSFM Friday, 09 August 2013 15:00

Kalamalka Lake

 It's mission accomplished for a Canadian Forces dive team that's been working in a Vernon area lake this week. A five person dive team from CFB Esquimalt recovered a military mortar from Kalamalka Lake this morning, removing it from the Cosens Bay area where it was spotted in about 12 feet of water by a resident on Monday. Lieutenant Navy Mike St. Pierre from the dive team told a news conference, the object was destroyed. "We transported it to a military base and we placed explosives on it, and we blew it up, simply put. That's the safest way of dealing with it and making sure it's out of harm's way." St. Pierre says phase two of their operation will be a further check of Cosens Bay using specialized equipment, to make sure there's no more ordnances in the water. "We're going to check for that. You never know what's there, but it's a beautiful lake and definately a safe lake. The chances of  this individual (a jet skier) finding it is like a needle in a haystack. It definately is, especially the amount that was exposed." St. Pierre says the mortar that was found was about six inches long, with fins on it, likely from World War Two military training that took place in the area. "The member of the public did the right thing and contacted the proper authorities." He says 12 people have been working on the mission. "We've got a five man dive team, plus five personnel from a sonar company and two support personnel." He says they will go from 15 metres deep, to the high water mark in a sweep of Cosens Bay to make sure there's no other ordnances.

Military To Update Lake Find At News Conference

Written by Peter McIntyre  107.5 KISSDFM Thursday, 08 August 2013 15:11 

Photo: Kalamalka Lake

The Canadian Forces are being extra careful with a item found in Kalamalka Lake south of Vernon. A five person dive team is continuing a site survey of the Cosens Bay area where a military ordnance was discovered by a personal watercraft operator on Monday. Lieutenant Greg Menzies, a spokesman for the dive team, says they have yet to determine what type of unexploded ordnance it is, adding it's not necessarily a mortar. "Their main objective is to identfy, collect, and dispose of the ordnance and to survey the area and make sure it's safe for the public," Menzies tells Kiss FM. Menzies says the Canadian Forces will hold a news conference at the Kalavista boat launch Friday afternoon to talk about their activities in the lake. Team members are expected to describe what type of ordnance it is, and how they plan to deal with it. Old military items have turned up around Vernon over the years, as the area was used for military training in the past.