The Dec. 14 debris flow cascaded downslope about 750 metres before sweeping away a house, killing two longtime Lions Bay residents, David and Barbara Enns
High above Howe Sound, on the steep, treed slopes above Lions Bay, a narrow gravel road climbs to a flattened area where there is a small reservoir.
The reservoir, maybe eight metres by six, is fed by tiny Battani Creek.
In the forest above the reservoir, the softly burbling creek sometimes disappears in the moss and under ancient, fallen trees. It is sometimes just a trickle in mucky ground. You can easily step over it.
The creek fills the reservoir and an outlet spills a small stream of water down a steep slope.
Just below the reservoir, which is intact, the ground has visibly given way, exposing bare rock and a scar that quickly widens farther down the slope.
Postmedia observed the reservoir, the tiny creek above, and the destruction below on a site visit this week.
The construction of the reservoir and the access road to it were part of an effort started by Steven Vestergaard more than a decade ago to provide water and electricity to his proposed multi-home development high above Lions Bay. Called Lions Point Elite, it included two parcels of private land covering the equivalent of about 4-1/2 city blocks that Vestergaard owns and that are now in foreclosure, according to B.C. Supreme Court records.
B.C. government officials will not say whether the reservoir and access roads built by Vestergaard on Crown land were approved by the province, and if there were approvals, what requirements were stipulated, and whether any landslide or debris flow risk assessments were carried out.
In refusing to provide information, a B.C. Ministry of Water, Land and Resource Stewardship spokesman cited the police investigation. Glen Plummer told Postmedia that it would need to file a freedom of information request on all of its questions.
The reservoir, its access road and some of the roads to Vestergaard’s private property are just outside the boundaries of the Village of Lions Bay, in electoral area A of the Metro Vancouver regional district.
Metro Vancouver officials also refused to answer questions on any oversight it may have had, citing the police investigation and pointing back to the province. “Metro Vancouver can clarify that the province is responsible for water rights and licensing relating to the reservoir on Crown land,” said Metro Vancouver spokesman Greg Valou in an email.
Some of the steep access roads are within the boundaries of the Village of Lions Bay, but chief administrative officer Ross Blackwell says there has been no approval of road construction on municipal lands. “In terms of the technical description of roads, there are no roads. There’s no dedicated roads up there. So whatever that would be, would be constructed for access,” said Blackwell.
In a 53-page document that marketed his plans for Lions Point Elite, Vestergaard said he had approvals to build access roads to the property and reservoir, and for the reservoir itself.
“The developer lost an order to fill in the reservoir and return the waterline road to nature. It took a three-year fight to get that overturned and at great cost,” says the marketing document, which notes nearly $3 million was spent on access roads, the reservoir, land clearing, blasting, site preparation, a bridge and legal fights.
No homes have been built as a result of the work.
The 2014 board ruling said provincial officials had told Vestergaard his water licence on Battani Creek authorized a 30-centimetre-square wooden box with a screened intake to collect water.
The appeal board decision upheld an order by the province telling Vestergaard to deactivate the road to the reservoir. The ruling cited concerns by the province that the road construction could result in slope failures or washouts which may result in material moving downslope and/or downstream in Battani Creek.
In the Lions Point marketing document, Vestergaard says he won a drawn-out fight with the province that ultimately gave him the approval for the building and the reservoir.
The marketing document notes that he had to empty the reservoir, use ground-penetrating radar to identify and patch leaks, as well as build a 60-centimetre-wide steel-reinforced concrete retaining wall inside the reservoir. This concrete wall can be seen in the reservoir.
The marketing document says the reservoir was constructed by blasting, which was also used to construct the steep access road to Vestergaard’s property.
It appears that the province may have undertaken a geotechnical assessment of the reservoir road following the Environmental Appeal Board decision.
A report produced by BGC Engineering for Metro Vancouver on geo-hazard mapping for the electoral district cites a 2015 Cordilleran Geoscience report on the Battani Creek reservoir. The Cordilleran report is titled “Reservoir fill slope sign off” and a short note describes the report as saying the Battani Creek reservoir fill slope required changes to reduce the risk to downslope resources.
Fill slopes result from the construction of roadways above the original ground level.
Metro Vancouver officials would not provide the report to Postmedia, saying it originated with the province.
Provincial officials say they are looking for the report and will respond as soon as possible.
Russ Grabb, a former RCMP superintendent, said he could not comment on active cases about which he has no direct knowledge, but said it is not unusual for the RCMP to be investigating a sudden death because it is part of their mandate.
Grabb, who spent much of his career on major crimes investigations, said the local detachment will investigate a sudden death, including from a landslide or avalanche.
The local police are looking at any number of possible causes, such as an act of God, criminal negligence, violation of a municipal ordinance, or a transgression of environmental control restrictions.
“Just because that range is being explored, doesn’t mean that a crime has been committed,” said Grabb.