MD questions Stoneys' affected status in ASP

The Municipal Government Board (MGB) will consider a 2016 date for the Dead Man's Flats Area Structure Plan (ASP) merit hearing, but first, Stoney Nakoda Developments Ltd. will have to explain why it has come forward to be considered an affected party.

At a preliminary hearing Jan. 28 in Calgary, the MD requested the merit hearing take place in June or early September.

The MGB is expected to make a decision shortly on when it will take place.

It could take up to a week for evidence exchanges and debate during the tentative hearing for the Municipal District of Bighorn vs. Town of Canmore inter-municipal dispute.

Canmore filed an appeal against the MD in Dec. after final reading was approved on the controversial ASP, which has brought up wildlife concerns, among others, from Canmore and other parties.

The dispute was in front of the MGB for the first time last week in the preliminary stages, where the MD of Bighorn questioned Stoney Nakoda Developments' submission of “affected party” status.

Derek King of Brownlee LLP, representing the MD, requested Stoney Nakoda Developments “provide more details” so the MGB can make a reasonable determination if they should be granted affected status.

Lee Carter, of Rae and Company, representing Stoney Nakoda Developments, said a written submission would be provided by the end of February.

Along with Stoney Nakoda Developments, the Stoney Nakoda First Nation and QuantumPlace Development Ltd. also filed for affected party status. The MD didn't question either submission.

Carter, speaking on behalf of the Stoney Nation, said by receiving affected party status it would allow the Stoney Nation to participate in mediations and “voice concerns” and provide further information into mitigation.

He added the Stoney Nation had not been consulted in any capacity by the MD when the ASP process was underway last year.

Wayne Jackson of the MGB asked Carter if the Stoney Nation were aware of the process through local media advertisements or public hearing processes.

Carter was unaware if the Stoney Nation knew of the process.

QuantumPlace, agent of the Three Sisters Mountain Village Properties and Thunderstone Quarries Limited Partnership affected party status submissions, did voice concerns, written and verbal, in July 2015.

“There's been a lot of work over the past 20 years trying to establish the final link of the underpass,” said Jessica Karpat, QuantamPlace's principal of planning, at the MGB hearing.

Wildlife and wildlife functionality at the underpass are among prominent concerns from Canmore, the Stoney Nation and QuantumPlace.

Statistics from the former Alberta Environmental and Sustainable Resource Development showed since the wildlife underpass was completed in 2005, wildlife use increased steadily until 2011, peaking at 684 events. Since, it has steadily decreased to just 284 events in 2014.

According to a Feb. 2014 study of the Dead Man's Flats wildlife underpass entitled A G8 2002 Environment Legacy Project, by Bruce Leeson, from 2008-13 the predominate wildlife species using the underpass was the white-tailed deer at 4,383 total animal crossings.

The chart data, compiled from Alberta Tourism Parks and Recreation, shows that of 12 species (including two “unknown” animal categories) the white-tailed deer, elk and mule deer combined for a total of 5,564 animals out of 6,207 using the underpass.

The total number of white-tailed deer using the underpass peaked at 1,124 in 2009 and was down to 518 in 2013.

Over three seasons from 2008-10, white-tail usage was 2,438 and from 2011-13 it was down to 1,945.

Between 2008-13, four grizzly bear were recorded using the underpass - two in 2009 and two in 2012.

The years 2011-13 showed an increase in usage by black bear (52) and cougar (45), but between 2008-10 black bear usage was slightly down at 50, and cougar usage was at 14 animals.

Coyote usage peaked in 2013 with 39 crossings and saw the least usage at five animals in 2010.

Wolf data was not included/recorded.