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Newsletter - 2004

NEWSLETTER - April 2004

The Chickadee Lake Saga

The Conservancy established the Island Legacy Fund in 1997 to acquire some key properties to be part of a Protected Areas Network because they were imminently threatened by industrial logging.

Since then Chickadee Lake has been the centre of our fund-raising efforts, and for it we have made four purchase offers to the owner, all of which have been rejected.

Our first two offers were made in late 2002 and early 2003. Both offers were based on a BC certified appraisal (which included a certified timber valuation) commissioned by DCA. The property was appraised at $585,000 and this figure constituted our first offer. Our second offer was 5% above this figure. This was reported in the Grapevine about a year ago. 4064 Investments has continued to suggest an acceptable price at somewhere around $1.3 million, but we never received a certified appraisal from them that might validate this asking price.

It is noted that the Owner was unaware of our pending legal action at the time of those first two offers. The DCA sued 4064 Investments over an unrelated matter arising from the failure of 4064 to comply with terms of its purchase agreement regarding placing covenants on the Railway Marsh and Komas Bluff properties. With the serving of the writ to 4064, no further purchase offers were made through the spring & summer of 2003.

Funds for our original offers were from five sources: cash-on-hand (made up of donations, some Home & Garden Tour funds, Lindsay Dickson surplus, etc); individual pledges; institutional pledges; funds held on our behalf at the Seattle Foundation, Islands Trust Fund & Nature Conservancy of Canada; and a mortgage.

We tried very hard to reach an agreement for the purchase of Chickadee Lake because December 31, 2003 was a significant date in this whole 6 1/2 year odyssey. On that date Mountain Equipment Coop's $50,000 pledge was withdrawn. In addition, at the end of March 2004 another institutional pledge of $75,000 from Habitat Conservation Trust Fund expired. You can imagine after our years of concerted efforts to raise these funds, just how discouraging it is to have to let them go.

Most individual pledges have now technically expired though some people hung in for three years. Thank you so much for your support.

The implication of the foregoing is that since December 31, 2003, our resources available to purchase Chickadee have diminished significantly. Coupled with the wide discrepancy of perspectives on the value of this property, DCA's purchase of Chickadee Lake is not considered feasible at this time.

What now will happen to all the funds that have been raised? It's a question the Conservancy Board takes very seriously. A daylong Special Board Meeting at the beginning of April began a review of our priorities and will result in a proposal for new endeavours.

Based on a Report to the AGM by the Acquisitions Committee-- February 23, 2004

Herring Fleet photo by Jan Florian

Creating Moist Biotopes, Part 2, Making a Pond

I have created several ponds, because I like the wonderful diversity of plant and animal species that can be attracted or planted there. Another real plus is you do not have to water a water garden during our long, dry summers.

It is simple to build an amphibian habitat. Dig a bowl-shape depression or pick an existing one in a spot with dappled shade. The size of the bowl is dictated by the size of a piece of rubber pond liner you must acquire first.

Rubber pond liners come in 10-foot width and cost about 85 to 95 cents a square foot. One can “weld” pieces together for large ponds, but a 10 by 15 or 20 foot piece will make a good size habitat. A rubber liner works best: it does not break down in UV light, as plastic does, and it is quite resistant to puncturing, provided you prepare the bed for it by removing sharp rocks and padding it with discarded carpet. The carpet outlets are happy to let you pick it out of their garbage dumpsters.

Put two layers of carpet down and cut the overhangs the way you want the pond’s edge to form. Now drape the pond liner on it with about 8 to 10 inches of overhang. Next, fill the pond with water and let it shape itself to the walls and bottom until it begins to run over.

By tugging and pushing the carpet and liner, even out the water level to match up the shape of the final edge of the pond. You may have to back fill in some spots to keep the liner up and dig away a bit more in others. The idea is not to waste expensive pond liner. Leave the water in the pool and fold any surplus liner to create a ridge. Tamp more earth under it to form the rim.

The final touch is a “sausage” of stiff concrete poured on the rim to give it a solid edge. While the concrete is still wet, sprinkle earth of the surrounding area on it to match colour and texture to give it a natural look. You can also drape chunks of moss over it. It will establish itself and “soften” the edge even more.

Because some concrete will drop into the water and create chemical conditions harmful to aquatic animals, you should drain and refill it before you slide pots with water lilies and other plants into it. You will find many species at nurseries or you can use native plants such as water plantain and sedges.

Red-legged frogs and tree frogs will show up on their own, in time. Newts probably need to be imported as larvae. Amphibians can be “planted” in new ponds if they do not exist in the area. To introduce amphibians to a breeding pond one must start with eggs or tadpoles and larvae, NOT adult animals. Adults must stay at their home pond to which their productive pattern is keyed. Emerging froglets and newtlets will make their home in the vicinity of the pond in which they were raised and return to it to breed. This is nature’s way to improve the chances for the species to survive.

Technically one is not supposed to capture and transplant wildlife in BC. There are, however, situations where a small water hole is about to dry up early in the summer. It may have newt larvae, which will not mature in time to breathe with lungs rather than gills and would be lost. I don’t think it is a crime to rescue them. [Transferring animals within Denman Island should not cause problems but we advise against bringing them from off-island wild locations. Ed.]

You will be astounded how many creatures are attracted by water. Peter Karsten

The Mysterious 12%

I have often wondered why so many governments have as their environmental goal to protect 12% of the land in its natural state in order to preserve a sample of the natural diversity of living things. They usually say that the Bruntland Report (e.g. The Report of the World Commission on Environment and Development entitled “Our Common Future”) suggested the 12%, although I can’t find any mention of it in my copy. Few people, I believe, know how devastating it would be if only 12% were protected. (Our Common Future P 166: ‘the total expanse of protected areas needs to be at least tripled if it is to constitute a representative sample of earth’s ecosystems.’ In the previous paragraph the report quoted existing percentages of protected areas such as Russia 2.5%, North America 8.1%. Ed)

Professor E.O. Wilson of Harvard has studied the effects of land area on biodiversity. From studies and experiments in many parts of the world he has derived a correlation linking area with the number of species of flora and fauna present. Put simply, as a rule of thumb: “a tenfold decrease in area cuts the number of species in half.” (see “The Diversity of Life,” by E.O. Wilson, p. 220 et seq)

So by protecting only 12% of the province, we are unknowingly accepting the fact that approximately 48% of the existing flora and fauna will eventually become extinct! If more people knew this, we would be aiming at protecting something like 50% of the province and the country.

HOME & GARDEN TOUR 2004

JUNE 19^th and 20^th, 9:30am-5:00pm daily

The 2004 HOME & GARDEN TOUR ticket has been filled for Conservancy’s biggest annual fundraiser. Eleven generous property owners will open their homes and gardens for public viewing on June 19^th and 20^th. And more than 100 volunteers make this huge undertaking possible.

Islanders and visitors alike will have a chance to visit the amazing rose collections found in the exquisite gardens of Sudasi & Swann Gardner, Joan & Roger Vinnedge, and Sandy & Des Kennedy. After a hiatus of some years, Danni Crenna/Bentley Le Baron, Dennis Forsyth/Marilyn Jensen, Jean Cockburn/Jack Mounce, and Effie & Harold Gluesteen have kindly agreed to be on the Tour once again. With expanded perennial beds, fanciful ponds, new house additions and artful gates, these already stellar properties have become fabulous.

With the support of loving friends and volunteers, Ruth and Daniel Terry’s garden has been turned into a celebration of Ruth’s life - with her love of nature, brilliant sense of garden design, and generosity to Denman’s community. Ruth passed away March 19^th, but she will be with us in spirit on Tour Days, amongst the beauty she created in her intimate, vigorous garden nestled against their home at Snakehaven.

New to the tour this year are 3 amazing properties. Concha & Tom Dennis, over a 30-year period, have created a wonderful, healthy oasis of gardens surrounded by farm fields at the Lake Farm. Joan & David Scruton will be opening their beautiful custom-built home, furniture workshop, and refurbished barn – with a full collection of farm animals, vegetable and fruit beds and a 100’ rose-clematis curved pergola. Ella Day’s home with its curving lines sits atop a high waterfront bluff. Weave through the forest past stunning flower gardens, gentle pavilions for healing the body and soul, organic vegetable plots, a Japanese stone garden, and water features.

In the coming months, the coordinators (Rochelle Allison and Leslie Dunsmore), will once again arrange Art in the Garden. Denman artists will be selected to show samples of their large garden art on site. Village events for the weekend will include a Garden Club Plant Sale (with a percentage of the proceeds to Conservancy), the DIACS-sponsored Garden Art Show in the Sr. Gallery, and an opening of the heritage Denman Anglican Church.

Tickets go on sale at the Denman Craft Shop as of May 15^th. A $3 ticket gains you entry to individual sites to see the creativity of fellow islanders. A $15 ticket gives you access to all the homes and gardens.

MORE INFO: Website: www.denmanis.bc.ca

Phone: Roxanna 335-2576

Dinner time photo Jan Florian

UPDATE: Our legal action against 4064 Investments Ltd.

Attempts to settle the case are reported in the Chickadee Saga above. We were also recently approached by 4064 to voluntarily lift the Certificates of Pending Litigation (CPLs) registered against some portions of the southerly end of the Komas Bluff that are the subject of an imminent sale. As we were threatened with court action, we chose to write to 4064 that we are willing, under specified conditions, to lift those CPLs. As we go to press our letter has gone unacknowledged and the CPLs remain on the parcels.

DCA has registered CPLs on all the titles of parcels of 4064 lands that were identified by Hancock’s sales contract to have covenants placed on them. The rights of Hancock to enforce that contract have been assigned to DCA. Our suit seeks to have covenants placed on the Railway Grade Marsh and Komas Bluffs as well as damages to compensate for the logging in the Railway Grade Marsh area that the covenants would have prevented.

We are continuing the action.

DCA Directors for 2004

Concha Dennis - - treasurer John Millen- - - co-chair
Patrick Fawkes Laura Pope

Carol Freeman J Thornton
Bentley LeBaron Patti Willis
Denise MacKean Dorrie Woodward

Roxanna Mandryk-chair Susan-Marie Yoshihara

Nature Walks and Talks

Saturday, April 10 Mike Morrell, marine biologist and enthusiastic clam digger, will give a short talk on “Denman Island Clams” followed by a clam field-trip in the Fillongley/Cable Beach area. Because we need a low tide for this expedition, we will meet at 2:00 pm at the Old School.

Saturday, April 17 at 10:00 am, Sheelagh Salas will lead a search for “Medicinal Plants” in the area around the Old School. The will be a great opportunity to get a taste for the ages old tradition of collecting and using medicinal plants. Sheelagh teaches an on-going one-year herbalist program on Denman.

Saturday, May 8 there will be an extended trip “Botanizing and Birding on Tree Island,” led by Dorrie Woodward and Patrick Fawkes. Dorrie was a founding member of the Friends of Tree Island and is familiar with the island’s flora. Patrick knows the birds in the area from the monthly Coastal Waterbird Survey he carries out for Bird Studies Canada. The tides will be exceptionally low on May 8, so we will have plenty of time to explore. Watch the Grapevine for the time and place to meet.

Jenny Balke and Patrick Fawkes will present “Denman Island Birds and Birdsongs” later in May. (Watch the Grapevine for this date). Jenny, a professional biologist and birdsong recorder has given short courses on D.I. birds several times, using her own recordings and photographs. Patrick is an enthusiastic birder and neophyte recorder.

Saturday, June 5, John Tayless, marine biologist, will lead the ever-popular “Minus Tide Beach Walk”. Those who came to John’s “Herring, Plankton and Sea Lions” talk in March have first hand experience of his extensive knowledge and enthusiasm about anything to do with marine life.

The series ends with Hamish Kimmins’ exploration entitled “Ecological Detective--Discover the Ecology of Your Own Property” when he will lead us round his property giving clues to help us discover the ecological relationships of plants and animals on our own properties. Hamish is a professor of Forest Ecology at U.B.C. This outing will be in June, after the house and Garden Tour. The date and time will be given in the Grapevine.

Patrick Fawkes

Anne de Cosson ‘Mother’ of the Conservancy

Every community has its unsung heroes. You know these folks. They are people who, while raising their families, going to work, in the course of everyday life just go out and save the world. Here on Denman Island, my particular heroes are those who do the hard work required to protect the forests and nature of this special place.

Anne de Cosson is one of our unsung heroines. She is one of the main instigators of the Denman Conservancy Association and the impetus behind the formation of this organization. We think of her as the Mother of the Conservancy.

Anne and her husband, Larry Berg, raised their sons, (who are now three grown up men but at that time were lively little boys), and created their organic apple orchard, all the while trying to save the Lindsay-Dickson lands next-door to them. Many people tried to find a way to save that magnificent forest, but it was a small group consisting of Des Kennedy, Dave Fraser, Phyllis Fabbi, Glen Snook, and Anne (of course with the dedicated support of others who came on board later--George Ferry and Juan Barker particularly come to mind), who got together and made it happen. The initial board of directors spent nearly every Friday night that first year huddled around Anne and Larry’s kitchen table and got the Conservancy up and running.

Anne has worked tirelessly for the Conservancy. Many times she has served as the board co-chair or secretary, taking responsibility for moving the organization forward. From the very first House and Garden tour Anne has been involved in some major part of the event. In those early days there was quite a bit more work to do because the DCA organized both the kitchen and the dessert table on top of everything else. Anne has been a volunteer co-organizer of the tour on several occasions. As well her home, the East Cider Orchard, has been featured on the Tour at least twice.

In 2001 one of our long struggles ended and the Lindsay-Dickson forest was saved. Anne is a member of DCA’s Lindsay-Dickson Management Committee.

Our “mother” is stepping down from the board, but of course, not from the Conservancy. The DCA became the effective organization it is today thanks to the diligent efforts of people like Anne de Cosson. Thank you so much, Anne. Susan-Marie Yoshihara

NEWSLETTER - November 2004

Produced with the help of Denise MacKean, John Millen, & Patti Willis

DCA legal action against 4064 Investments Ltd.

I would like to take you back, back more than seven years to a meeting at the Coast Westerly Hotel in Courtenay on a sunny afternoon, 30th June 1997. The John Hancock Timber Group had invited representatives of the Denman Forestry Initiative (DFI) and the Forestry Committee of DIRA without revealing the purpose of the meeting. As it turned out, it was not a discuss-and-try-to-agree meeting, but more like that meeting at the Pearly Gates where you find out your fate.

Our hosts were late so we sat around in the foyer wondering if we were being stood up, though the clerk at the desk assured us that a room had been booked. Tension built as we waited over half an hour. Finally the other parties arrived and we crowded into the small meeting room. Those from the Corporations arranged themselves at one end of the table and we sat around the perimeter of the room, backs to the wall as it were.

John Davis (from Hancock) announced that their Denman holdings had been sold that day. Mr. Larkam of Northland Development represented the buyer, although it appeared that he had flipped the property immediately to 4064 Investments Ltd. Mr. Davis also announced that, as a sort of parting gift from John Hancock to the Community, covenants were to be placed on two land areas that had been identified to Hancock as particularly sensitive.

To the invited groups Mr. Davis hand delivered a letter dated June 30, 1997 that said in part:

"The sales agreement we structured with Northland also includes protective covenants requiring the new owners to pursue protection of certain sensitive areas on Denman Island(specifically the areas buffering Komass (sic) Bluff and the Railway Grade Marsh) by working with public agencies and/or private conservation groups. We strongly encourage you to express your interest in supporting this effort to Northland and to Mike Jenks, and perhaps to assist them in finding an organization, or organizations, willing to accept responsibility for maintaining the covenants."

Although the Denman Conservancy Association (DCA) had been having some discussions with Hancock about conservation of sensitive ecosystems, DCA was not among the groups invited that day.

DCA promptly expressed to 4064 its interest in assisting with the creation of the covenants, as did the Islands Trust Fund (ITF). Some meetings were held with Mike Jenks and a draft covenant prepared by DCA and the ITF was discussed. With the exception of a few clauses, Mr. Jenks generally agreed to the draft covenant; however, he subsequently broke off discussions. 4064 apparently made no progress towards actually placing covenants on the properties.

By the time logging was stopped, 4064 had removed approximately 80% of the timber from the intended covenant area. In order to preserve its legal rights before their expiry, DCA filed a Statement of Claim in Supreme Court of BC in late June 2002.

Taking any legal action was complicated by DCA’s desire to purchase land from 4064, particularly the Chickadee Lake parcel. Chickadee Lake had been the centre of its fund-raising efforts since 1998. DCA made two written offers to the partners of 4064 for Chickadee in late 2002 and early 2003. Both offers were based on a BC certified appraisal. 4064 was unaware of our pending legal action at the time of those first two offers. Both offers were rejected.

With the serving of the writ to 4064 in 2003, no further purchase offers were made through the spring & summer of that year. Our legal case is based on ‘breach of contract’. We are asking to have covenants placed on the Railway Grade Marsh and Komas Bluffs as well as damages to compensate for the logging, in the Railway Grade Marsh area, which the covenants would have prevented.

We initiated some attempts at out-of-court settlement of the legal action late in 2003, but no progress was made towards a settlement.

DCA has registered Certificates of Pending Litigation (CPLs) on the titles of all the parcels of 4064 lands that were identified by the Hancock’s sales contract to have covenants placed on them.

DCA was approached this year by 4064 to voluntarily lift the Certificates of Pending Litigation registered on some parcels at the south end of the Komas Bluff that were in the process of being sold. Threatened with court action, we chose to write a letter to 4064 that, although we are not required to do so, we are willing, under specified conditions, to lift those CPLs. At present our letter of March 2004 has not been acknowledged and the CPLs remain on the parcels.

The Case continues. Following after the process of ‘Discovery of Documents’, amended Statements of Claim and Defence have now been filed, and we are proceeding to the ‘Examinations for Discovery’. The DCA continues to view litigation as a last resort and would prefer to settle this matter with 4064.

This article has become far too long, but still I have left out some of the twists and turns! Most of these are documented in back issues of the Newsletters, available on this web site.

This image represents the coming of winter – not the new treasurer - Ed.

New Board Member

In August the Board appointed David Freeman as a member of the Board. David has agreed to be treasurer for the Conservancy while Concha takes a break from this responsibility.

The other DCA Directors for 2004 are:

DCA Conservation Covenant Project

In July, DCA initiated a new project -- the DCA Conservation Covenant Project. A conservation covenant is a voluntary written agreement that allows landowners to permanently protect natural features of their land. Registered on the property's title, a conservation covenant can be a powerful tool for successfully protecting private land for ecological purposes.

DCA has acquired some expertise relative to conservation covenants in recent years. To facilitate this work into the future, the Board has decided that this important function needs to be better structured, sustainable and user-friendly.

To that end, procedures, informational materials, and templates are being developed by DCA to facilitate placement and maintenance of conservation covenants on Denman.

In the months to come, DCA will introduce these materials to the community in an effort to give profile to this important option by which landowners may protect the ecological values of their property in perpetuity.

Butterfly by Annie Siegel

Membership

Conservancy will once again have a table at the Christmas Craft Faire on Denman Island, December 4 & 5. Members will be able to check whether their subscription is up-to-date.
We welcome inquiries about our activities and hope to sign up some new members.

A Board Policy on Development Projects

The DCA Board has, for several years wrestled with the issue of its ‘position’ on proposed development projects on Denman Island. Even when the members of the board were unanimous in their judgement about a project it did not seem right to make any statement which would be interpreted as representing the views of the whole membership of the Association.
Conservancy has a membership of over 200 Island residents and we believe that they all support our constitutional purpose, the first clause of which reads:

To preserve, protect and enhance the quality of the human and natural environment of the Denman Island area;”

However it is easy to see that opinions on the merits of a project that proposes to include enhancement of the human environment as well as protection and/or enhancement of the natural environment can vary among members. The Board believes it is best for individual members to represent their own views in the democratic processes of decision-making on the Island. However, this does not preclude that there may be occasions where an organizational position is warranted, as the following Board policy provides.

In May of this year the Board adopted a policy for guidance of its decisions about projects.

DCA Policy re Development
Adopted by DCA Board 17 May, 2004

1. The default position of DCA, except under the conditions set out in paragraphs 4 and 5 below, is:

   1. we do not take a position in support of, or in opposition to, a development proposal whether it is on or off Denman Island

   2. we do not undertake projects that include development as a component

2. DCA as an organization may assist any party to better understand the conservation values and potential impact of development of their land on Denman Island by recommending appropriate expertise either from the membership or elsewhere.

3. DCA may organize projects that generate information about conservation values and promote conservation of public lands on Denman Island, and of private land that meets DCA selection criteria, which will depend on the project’s objectives and plan. E.g. the stewardship program invited participation from any landowner with the understanding that a commitment to conservation would be made by the owner. Factors considered would include:

   -capacity of DCA to meet all eligible requests for assistance;

   -prima fasciae conservation values of the private land;

   -prior commitment of the landowner to undertaking conservation measures such as placing covenants;

   -in the event that the project is equivalent in magnitude to a capital expenditure of greater than $10,000, that a Special Resolution of the membership authorizing the project is passed at a Special General Meeting of the Association.

4. DCA may choose to participate in a project, jointly with another party, which has a significant conservation component and which will result in DCA or ‘public’ ownership of conservation lands or covenanted rights. Participation would be subject to meeting all the following conditions:

   -that DCA would have the capacity to undertake the project including long term support of all of its ongoing responsibilities;

   -in the event that the project is equivalent in magnitude to a capital expenditure of greater than $10,000, that a Special Resolution of the membership authorizing the project is passed at a Special General Meeting of the Association;

   -that conservation measures are a significant proportion of the whole project;

   -that the participation of the DCA in the project is not directed, apart from advocacy of conservation, to influencing decisions of the Local Trust Committee of the Islands Trust in its regulation of land use on the Island;

5. DCA may choose to take a position in support of or in opposition to a proposed development or project that significantly affects conservation values in the Denman Island area when:

   -the membership of DCA has had an opportunity to become informed about the project and the Board is satisfied that a strong majority support the position proposed to be taken;

   -the proposed development or proposal would clearly and significantly affect values of concern to DCA as set out in its Objects;

6. DCA may purchase or accept ownership of any property for its own use or development (including building) regardless of any existing development on the property.

December 23, 2004 - Denman Conservancy Notes

Submitted by John Millen

The Conservancy Board is very pleased to be able to announce receipt of two large anonymous donations ($20,000 to 30,000 range) from Denman Islanders in the past month, to go towards our acquisition fund. Our Acquisition Committee is working hard on some excellent prospects, but for good reasons cannot reveal which properties we are interested in.

Conservancy table at the Christmas Faire was a success again this year. It's fun to be part of such a friendly event with  the added thrill of generous donations (it definitely is the giving season) and many new and renewed memberships. We received $700 in gifts plus a total of 50 signed up members. A special welcome to the 18 new members! Glenn Snook's donation was the result of his Fresh Fig Fundraiser Thanks to you all for your support.

The Legal Committee of DCA has arranged to meet with Hans deVisser of Mill & Timber, at his request, on 23 December. Mill & Timber is one of the partners of 4064 Investments Ltd. Our discussions will be confined to the law suit, Conservancy v. 4064 Investments.

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