BROKEN RAIL RANCH GUIDED HORSEBACK TOURS TENURE MANAGEMENT

BROKEN RAIL RANCH GUIDED HORSEBACK TOURS TENURE MANAGEMENT PLAN Submitted April, 2017 Broken Rail Ranch 674 Petterson Road, West Kelowna, BC 250 -864 -4226 crystal. findlay@sd 23. bc. ca

Extensive Use Area in West Kelowna *See pdf for more detailed maps General area marked in green Pipeline trail marked in blue Creek trails marked in red (intersect with pipeline trail)

General Location Map

Geomarks for General Area and Extensive Use Area § Crown Tenure General Area: http: //apps. gov. bc. ca/pub/geomarks/gm. E 6 E 796463 DC 04303817 BF 6 C 04 BDE 75 B 1 § § Trails: http: //apps. gov. bc. ca/pub/geomarks/gm -63 BAD 8 D 25 F 5341 E 4 A 30901041 E 2476 D 6 § General Area and Trails combined: § http: //apps. gov. bc. ca/pub/geomarks/gm 4311 D 6 A 0 C 959460082 F 82 A 455142 E 219

Commercial Recreation Tenure Management Plan 2017 *All signatures on PDF Lands File: 3410643 This Development Plan has been approved by the Ministry of Forest, Lands and Natural Resource Operations. Prepared by: Crystal and Jeff Findlay Signature: Date:

Her Majesty the Queen in Right of British Columbia (the “Province”) and Broken Rail Ranch (the “Licencee”) hereby agree that this document is the Tenure Management Plan for the purposes of Licence of Occupation for Commercial recreation, dated _______from the Province to the Licencee (the “Licence”) and that this document supersedes any earlier Tenure Management Plans. The signature of the Province’s authorized representative is solely for the purpose of acknowledging the Province’s acceptance of this document as the Tenure Management Plan for the purposes of the Licence and does not represent a certification by the Province or its signatory of any factual content or acceptance of professional responsibility by the Province’s signatory for any advice or analysis contained in this document.

Executive Summary Ø General Overview of Broken Rail Ranch Ø General Overview of Proposed Business Ø Key Areas of Concern

General Overview of Broken Rail Ranch § Broken Rail Ranch Trail Riding is located about 15 min west of Kelowna, BC at 674 Petterson Road. It is in a rustic area with a large non-working orchard to the East; several small acreages to the West; several small lots and acreages, as well as, a large a lake reservoir to the south; and a large area of crown land to the north. There are several 5 -10 acre lots to the north-east, many of whom have horses. § Jeffrey and Crystal Findlay purchased this 5 acre property in December, 2015 and after 6 months of extensive renovations moved their family to their new home to enjoy rural living. The Findlays have restored the home, outbuildings and land with their own hands and would like to continue the legacy of a trail riding business based out of this beautiful property. The property is zoned RU 3, so one of its principal uses is riding stables.

§ Both Crystal and Jeff have been working with and riding horses since their childhood, and are eager to embrace the adventure of working as trail guides and owning a trail riding business. Jeff is a retired police officer and Crystal works full-time as a high school teacher, so their experiences working with a variety of people and being prepared for emergencies will be valuable in their work as trail guides. § The applicants officially adopted the name Broken Rail Ranch in 2016 as a nod to the many broken (and now fixed) fence rails that dotted the property when the Findlay’s first took ownership. This property has served as the base for trail riding for as long as anyone in the area can recall. It operated formally as Mandy and Me Trail Rides since 1990, and informally between 1982 and 1990. In the 1970's, former owners of the acreage operated Bear Creek Trail Rides. A generation earlier, Irene Petterson did trail rides under the name Rose Valley Trail Riding.

Owners of Broken Rail Ranch

§ The crown land located semi-adjacent to the property is perfect for showcasing the beauty of the Okanagan all within 15 minutes of both Kelowna and West Kelowna. Lake views, rocky cliffs, a raging creek, and a variety of Okanagan plant and animal species are waiting to be enjoyed by locals and tourists alike. § The former business, Mandy and Me Trail Riding, was consistently busy with clients coming from all over the world, but primarily from Kelowna, Vancouver and Alberta.

General Overview of Proposed Business § § § Broken Rail Ranch base property is located at 674 Petterson Road, West Kelowna BC. 674 Petterson Road is located 12 km from Kelowna and West Kelowna off Hwy 97 C. The property is located in a rural neighbourhood surrounded by a large parcel of unoccupied private land, crown land, and 2 parks. Rose Valley Regional Park and Rose Valley reservoir are located 3 km south of Broken Rail Ranch and Bear Creek Provincial park is located 1 km east of Broken Rail Ranch. The applicants, Crystal and Jeff Findlay propose to operate a part time / yearround guided trail riding business. Trail rides will be 1 -2 hours depending on client requests. 2017 will be the first year of operations for Broken Rail Ranch; however, 674 Petterson Road has operated as a trail riding business since the 1960's, or earlier. *See the General Location Map that shows the location of base property and general application area

Key Areas of Concern § General areas of concern for trail riding are range impact and spread of noxious weeds § In late summer, a small herd (10 -20) of free range cattle move through the area, but there are no range gates and trail riding in the area does not negatively impact their food sources. § The spread of noxious weeds will be controlled by staying on the cleared paths and taking time to educate clients on the dangers of noxious weeds in the Okanagan. § Trail rides will provide an opportunity for us to continually monitor invasive plant species, such as, common burdock, knap weeds, and scotch thistle. § The RDNO website (www. rdno. ca) offers up to date information and programs that will help stop the spread of invasive plants. § The home pasture is kept free of noxious weeds.

§ The Findlay's recognize that horse grazing on Crown land is not part of the proposed trail riding authorization. § One of the trails does run adjacent to Lambly Creek; however, there is minimal risk of water contamination as the trail is 10 or more feet from the creek. Any manure that is within close proximity will be removed. § Forest fires are a major concern for all people living in the Okanagan, and the Findlay's have had personal experience with a fire in 2016 where we were evacuated without warning. There will be no tolerance for smoking while riding, and fires will not be permitted. § With respect to wildlife, Crystal and Jeff Findlay have reviewed, and intend to adhere to the desired behaviors described in the Wildlife Guidelines for Backcountry Tourism/Commercial Recreation in British Columbia, as amended from time to time or any subsequent similar Provincial scale guidelines that the Province may introduce.

1. 1 General Description of Operation § § § 1. 1. 1 General Area 1. 1. 2 Base Operation 1. 1. 3 Improvements 1. 1. 4 Access 1. 1. 5 Staff

1. 1. 1 General Area § The crown land trails applied for are in the Bear Creek area of West Kelowna, BC. § The trails are along a pipeline road access and existing trails that run from the Pipeline road to Lambly creek and then continue alongside the creek and then cut back up to Bear Creek road. § The trails cross parts of sections. L 4089, some crown land to the West of these lots, the south west corner of L 3749, and the south west corner of L 3748. The General Application Area is circled in red on the General Location map. The main trails used are marked in red and blue on the Extensive Use Map. § The pipeline carries water underground from Bear Creek to Rose Valley reservoir § The trail runs parallel to Lambly Creek and is downstream of the Bear Creek intake for Rose Valley Lake and about 1 km up from the Bear Creek Park trail system.

1. 1. 2 Base Operation § The base of Broken Rail Ranch is located at 674 Petterson Road, West Kelowna, BC § Legal Description: Lot 2 of DL 3111 *Please see the General Location map and the Extensive Area map for the location of the base private land.

1. 1. 3 Improvements § General trail maintenance, which will also benefit local hikers and mountain bikers § Some small areas of the trail that parallels Lambly Creek need to be widened by 2 -4 feet for safety reasons. § There is an old washout on the Lambly Creek trail that interrupts the current trail, so we will need to clear out rocks and wood. § There are no plans to build new facilities or infrastructure on the Crown land. Access will be by existing roads and trails. Please see the attached Extensive Area Map for the actual roads and trails being proposed for use. § The roads and trails will be used for guided horseback rides primarily from May 1 to October 31 with occasional winter rides dependent on weather and trail conditions.

1. 1. 4 Access § Broken Rail Ranch is accessed by Bear Creek Road, which is a paved road and is well maintained at all times of the year as it is a school bus route. § We will travel along Bear Creek Road in order to access the Crown land trails

1. 1. 5 Staff § Broken Rail Ranch is currently run primarily by Jeff and Crystal Findlay, and occasionally by our three teenage daughters when they are not too busy snapping ‘selfies’ § Jeff and Crystal both have extensive horse and trail riding experience, and Jeff is certified in First Aid. § Jeff worked as a RCMP officer for 23 years before his retirement, and Crystal works as a high school teacher. § We hope to hire 1 -2 students in the future for basic ranch chores.

1. 2 Commercial Recreation Activities Offered On Crown Land § § § 1. 2. 1 Description of Experience Being Offered 1. 2. 2 Horse Management 1. 2. 3 Forest Fire Management 1. 2. 4 Improvements 1. 2. 5 Intensive Use Sites

1. 2. 1 Description of Experience Being Offered § We plan to do 1 to 2 hour trail rides. § Our Bear Creek pipeline trail ride is an hour loop. We plan to take 2 to 4 guests per day on this trail, but probably an average of 3. § The Lambly Creek ride begins on the Pipeline trail, and then crosses Bear Creek Road and travels down towards the creek and then exits back on Bear Creek Road where we travel along the road to home. § Once our business commences, we will be keeping detailed records to track the number of guests riding, the horses ridden, the length of the ride, and the trails used.

§ Guided horseback tours will be conducted starting and returning to the base property. § There will be rides for different levels of rider expertise. § Each tour will have between 1 -5 horses / guest riders, and will each have 2 guides accompanying. The guests will be given a ½ hour orientation covering basic grooming, tacking and handling of the horse. They will then be carefully matched to a horse best suited to their level of experience. § A detailed safety briefing, fire risk discussion, watershed management cautions, wildlife and range cattle respect, distribution of gear and discussion of the various aspects of the trip would take place prior to leaving.

1. 2. 2 Horse Management § The maximum number of horses for the trail rides would be 7 for any one trip. We currently own 7 horses. § Horses are currently without shoes with regular trims every 6 -8 weeks. § Horses have access to hay or pasture 24 hours a day and are fed beet pulp and required supplements daily. § The Findlay's are members of Horse Council of BC (HCBC) and are familiar with the HCBC website, and in particular have reviewed the HCBC information “Trail Riding Guide” and “Road Safety Handbook for Equestrians”. HCBC website address October 2015 - http: //www. hcbc. ca/index. php/programseducation/equineeducation/booklets/

Pipeline Trail Winter and Summer

1. 2. 3 Forest Fire Management § Debris will be removed from the trail only as needed for horse passage and will be well scattered into the surrounding area to reduce risk of fire. (unless otherwise directed by a designated official). § Smoking and campfires will NOT be permitted along any trail

1. 2. 4 Improvements § No utilities, water supplies, horse holding areas, corrals etc. are required as the tours will leave and return to the private land. § No new trails are being proposed at this time. It may be necessary to periodically remove downed trees from the existing trails/roads and it may be necessary to periodically remove danger trees along the trails. § Jeff and Crystal Findlay will contact the necessary FLNRO designated decision maker prior to any cutting to determine if Forest Act cutting authority is required.

1. 2. 5 Intensive Use Sites § No intensive use sites are proposed. Tours will leave and return to the base private land.

Section 2: Overlap with Environmental & Cultural Values § § 2. 1 Fish Values 2. 2 Wildlife Values 2. 3 Water Values 2. 4 First Nations

2. 1 Fish Values § It is not anticipated that fish bearing streams will be impacted by the horseback tours. § Lower Lambly Creek (Bear Creek) provides habitat for stocked and native rainbow trout and brook trout.

2. 2 Wildlife Values § We do not believe that there any endangered species in the area. Common wildlife are: Deer, moose, bears, bobcats, coyotes, snakes, cougars, birds and small animals. § A species of special concern (flammulated owl) and an endangered species (western grebe) may be present, but horseback riding will not have a negative impact on them. § Broken Rail Ranch will only be using existing trails and roads. § The Findlay's have reviewed the Wildlife Guidelines for Backcountry Tourism/Commercial Recreation in British Columbia, specifically pages 31 -39 from the backcountry section: "Alpine/Tundra, Forest, and Grasslands Snow-free. "

Sources: Habitat. Wizard - Province of British Columbia www. env. gov. bc. ca/habwiz/ Integrated Land Resource Registry: http: //geobc. gov. bc. ca/rrr/ilrr/ Layers Feature in i. Map. BC http: //maps. gov. bc. ca/ess/sv/imapbc/ Previous Crown Lease: Lease/Permit/Licence # 342113, Osoyoos Div of Yale Land District Species & Ecosystems at Risk - Province of British Columbia www. env. gov. bc. ca/atrisk/ Westridge Neighbourhood Plan Phase 1 (comprehensive proposal completed on the private land adjacent to the crown land referred to in this application) http: //www. districtofwestkelowna. ca/Document. Center/Home/View/1275 Wildlife Alert Reporting Program - WARP | Wild. Safe. BC https: //wildsafebc. com/warp/ Wildlife Guidelines for Backcountry Tourism/Commercial Recreation in BC (http: //www. env. gov. bc. ca/wld/twg/documents/wildlife_guidelines_recreation_may 06_v 2. pdf) §

2. 3 Water Values § The long existing trails periodically cross into and out of riparian zones but there is not a threat to the aquatic nature or land itself as guided horseback riding will not impact the area significantly. § The Findlay's will ensure that guests do not discard garbage. § We will not be building structures and our trails are beyond 1 km of the water intake. § This area is also in a watershed for water that will be of domestic use. It is under the management of Lakeview Irrigation. § Jeff Findlay spoke with District of West Kelowna Licensing Department on February 9 th, 2017. They confirmed that there are no conflicting water licenses or domestic watersheds. § District of West Kelowna referred the Findlay's to Interior Health. Jeff Findlay spoke with area inspector, Shelina Mohossan who did not see any potential issues. The Findlay's will continue to work with Interior Health should any issues arise

§ The Findlay's are more than willing to work with Lakeview Irrigation to resolve any issues. This may mean moving any manure made a certain distance from the creek. If this were to be required we would bring the necessary equipment along on the ride to do so as it happened. § The rides are relatively short so there should be no concerns of people relieving themselves § It is anticipated that there will be no concerns regarding riding on Lakeview Irrigation's pipeline access trail as it is a sealed unit. § Jeff and Crystal Findlay will verify the existence of any water licenses or community watersheds and will ensure that their activities do not negatively impact water quality and quantity.

2. 4 First Nations § The previous operator did not have issues using the trails for guided horseback purposes § Jeff and Crystal Findlay do not anticipate a conflict with First Nations interests § The Findlay's will work cooperatively with the First Nations’ interest groups to ensure that trail riding does not have a negative impact on sensitive areas § Crystal Findlay sent an email to Stephanie Paul of Westbank First Nations on February 7 th, 2017 § Paul responded on Feb 23 rd 2017. Paul suggested an archaeology review and requested a copy of the completed Crown Lease Tenure Management application. She did not indicate any concerns with trail riding in the area § An archaeology review request was submitted on Feb 25, 2017 through http: //www. archdatarequest. nrs. gov. bc. ca/ A response was received from Diana Cooper on March 22, 2017 indicating that “According to Provincial records there are no known archaeological sites recorded on the subject properties. ”

Section 3: Overlap With Existing Use § § 3. 1 Mineral Tenure 3. 2 Timber Tenure & Forest Use 3. 3 Range Tenures and Range Use 3. 4 Land Use Planning, Local or Regional Zoning Requirements § 3. 5 Commercial Recreation Tenure & Guide Outfitter Territories

3. 1 Mineral Tenure Current Mineral Tenure: Title number: 1044702; Mineral Claim Expires 2017/JUN/11; Owner name: Walton, Kristopher Paul; Area in Hectares: 245. 78; Information obtained from Mineral Titles Online Viewer Jan. 2017 I acknowledge that a variety of mineral tenures could overlap now and in the future with my area of use and understand that I may have to coordinate access and activities with the tenure holders. I further acknowledge that additional mineral tenures may be located in my area of use in the future and that I may have to coordinate access and activities with the tenure holders. Signed: _______________________

3. 2 Timber Tenure & Forest Use § The Findlay's consulted Rob Dinwoodie via email, Okanagan-Shuswap Range Officer, to discuss any potential overlap. He did not indicate any concerns.

3. 3 Range Tenures and Range Use § Much of the proposed trail areas are within range number: RAN 077331, Kenneth John Regehr is the registered Tenure Holder § Issues of concern to operators can include but are not limited to spread and control of noxious weeds, ensuring that range structures including gates remain intact, control of cattle. § Crystal and Jeff Findlay have reviewed the Guidelines for Recreational Use of Horses on Crown Range. § Broken Rail Ranch proposes to only use established roads and trails. § Broken Rail Ranch understands the importance of maintaining range structures including fences, gates, cattle guards etc, as this controls cattle, and assists in managing range condition. Broken Rail Ranch will regularly communicate in a meaningful and constructive manner with the following ranchers: § Joe Beerstra, Feedlot Manager at Ken & Brenda Regehr Farm

§ Broken Rail Ranch understands that gates must be left as they are found (i. e. open or closed – unless directed otherwise by range managers) when a tour moves through an area on the approved and established road or trail. § The Range tenure holders have requested that Jeff and Crystal Findlay re-locate any cattle that travel beyond tenure land

3. 4 Land Use Planning, Local or Regional Zoning Requirements § At this time, due to the low level of use, and no improvements being proposed to be placed on the area, it is not anticipated that there will be any Land Use Planning, Local or Regional Zoning conflicts on the Crown Land § The trail riding area is within the Okanagan Shuswap Land Resource Management area (OKSLRMP). § There does not appear to be any land use plans and/or zoning requirements that will conflict with level of use

3. 5 Commercial Recreation Tenure & Guide Outfitter Territories I acknowledge that my areas of use may overlap with a commercial recreation tenure and/or guide outfitting territory. I understand that I am required to contact these tenures holders have them complete an Operator Input Form. I will receive this information from the regional LWBC office. Signed: ____________________

One of the many broken rails before updates

Jeff and Crystal Findlay on a ride with the previous owner

Findlay Family on a Trail Ride in Quesnel, BC