Future Of Ski Trails

Update - April 17, 2010

The ski club board and Land Tenure Committee submitted comments to the city regarding the Official Community Plan on April 1, 2010.  The text of the submission is as follows:

TO: City of Whitehorse

Re: Draft 2010 Official Community Plan

The Whitehorse Cross-Country Ski Club (“WCCSC”) is pleased to provide its comments on the City’s draft 2010 Official Community Plan (“OCP”).

New Mt. Mac/WCCSC “Recreation Area” within a larger McIntyre Creek “Park Area” (Proposals #38, 39, 40)

First and foremost, we are delighted to see that the City has recognized the value of the WCCSC trails by proposing to protect this highly valued recreational area from incompatible uses and development through a new “Park Area” designation intended to ensure that it is “preserved for all future residents of Whitehorse”.

As the City is no doubt aware, our facilities and trail system have been developed using countless volunteer hours and in-kind donations from local businesses, as well as large sums of money from lotteries, the community development fund and City recreation grants. With over 1200 members and hundreds more day-pass users, the WCCSC caters to all ages and abilities of skiers, offering unprecedented opportunities for Whitehorse citizens to enjoy the winter season in ways that improve their health and fitness and that are environmentally sustainable.

Moreover, the ski trails are now used by a variety of other outdoor sports enthusiasts and nature lovers in the off-season, all of whom have an interest in the permanent protection of this area.

Within each proposed “Park Area”, the draft OCP identifies different sub-areas warranting different kinds of zoning rules. Once again, we are happy to see that our trail network has been appropriately classified as a “Recreation Area” within the broader “McIntyre Creek Park Area”, recognizing and protecting the recreational usage of areas not considered environmentally sensitive.

A key aspect of our users’ enjoyment of this area is the peace and quiet that they experience on the trails, in all seasons. Many people go to “Mt. Mac” not just for healthy exercise, but also to get close to nature in the middle of the City. For this reason, proposed policy 18.5(3) putting strict limits on motorized use of this area, is essential and will, we trust, be reflected in applicable zoning bylaws.

Likewise, we appreciate and support the draft OCP’s distinction between “ski hills, golf courses, amusement parks, campgrounds, and other similar developments” and the WCCSC/Mt. Mac Recreation Area. (see Policy #3 under “18.3 Recreation Areas Designation”) The former types of recreation area can support much more commercial-type development than can a recreation area such as ours. It is important that the OCP and the bylaws under it recognize that different forms of recreation require different zoning rules.

Mineral Staking within City Limits

Second, we commend the City on its Proposal #2, to request that the Yukon Government place a moratorium on future mineral staking within City limits. We see this as a major step forward on a long-simmering issue that is in great need of attention. Indeed, almost all of the proposed Mt. Mac/WCCSC Recreation Area is currently subject to mineral claims. Yet it would be a travesty for this centrally located, natural-state recreation area to be destroyed by mineral exploration and/or mining. We hope that the City’s intention is for such a moratorium to apply to lapsed claims as well as to areas not already (or previously) subject to claims.

We also hope that the City will move forward with this request to the Yukon Government. It is not clear why the proposed policy is worded so tentatively (“may request”), and we urge the City to be decisive on this matter and not to delay it any further.

End of OCP Submission

BACKGROUND INFORMATION

The club's trails cross both public (93%) and private land (7%). The private land is owned by ATCO Power Ltd., a subsidiary of ATCO. The club has a 5-year lease with ATCO, at a nominal annual cost of $1, for a portion of their Lots 49 and 50- the 79 ha area shaded in purple on the "Areas of Interest" map. (see map below).

OCP information can be found at the City's website.

The ski trails cross a portion of the mineralized "Copper Belt". Most of the subsurface beneath the trail system has been staked for mineral exploration. A large number of claims staked in October 2007 are still pending approval. Although this long delay is quite exceptional, it is still possible that these claims will be approved. In addition to the claims, the ski trails cross parcels of surveyed lands called Crown Grants. On these lands the subsurface rights have been sold. This is quite exceptional. Typically, subsurface rights are retained by the Crown and leased to mining companies who pay royalties to the Crown for the privilege of extracting minerals.

Lots 49 and 50 are old Crown Grants. The surface is owned by ATCO Power. But the subsurface is owned by H. Coyne and Sons. Thus, even with a lease from ATCO, the club does not have full protection of these lands.

A change to the free entry system of mineral staking will be required to eliminate the threat of mineral exploration or development on lands beneath the trail system. For example, our "areas of interest" could be withdrawn from staking, and claims (valid for a year) could not be renewed. Unless such measures are taken, it remains to be seen if the OCP would ultimately provide the protection we seek. In the long term, the extinguishment of subsurface mineral rights, and the creation of a park remain our vision for the protection of this iconic urban outdoor recreation asset.

In 2008, the Club wrote to EMR Ministers at that time, Lang and later, Cathers, regarding staking within City limits and, specifically, within our trail network. The Ministers' responses were cordial, but they did not directly address our concerns. In a joint meeting between the City and YG officials last fall, it was evident that the two government's could not agree on this issue. Recent correspondence (September, 2009) from the City of Whitehorse indicates that the two governments are discussing the issue, but no significant progress has been made to date.

What protection do the trails have now?

• The trails on Commissioner’s Land are owned by YTG but protected by the City of Whitehorse Official Community Plan which will designate the area as Green space - Park when the new OCP is approved
• The club has a Lease Agreement with ATCO (pending as of October 2, 2009) that gives us permission to cross their land. The lease term is 5 years and offers assurance that we can use the trails for that period.
• The club has a Letter of understanding with Coyne & Sons regarding use of the trails that cross or are adjacent to Crown Grants owned by the company.

Is that enough protection or could we lose the trails in the future?

• The OCP is a document that can be reviewed and changed over time. It can be changed any time by City Council. The ski club will have to be vigilant during each review of the OCP.
• The lease with ATCO is for 5 years only and can be terminated with 6 months notice.
• There is still the possibility of mineral exploration and further private development.
• The city is growing and pressure on the land is increasing.

What options do we have for better protection?

• Park Reserve status similar to Chadburn Lake Reserve that would protect the public lands from further surface and subsurface land dispositions. Once established, parks are more likely to be retained. Scroll down to see a map of the proposed Park Reserve.
• A stronger classification in the Official Community Plan. (pending as of February 10, 2010)
• Other options could be proposed and investigated.

What can we do to improve the protection of the trails?

• We can continue to encourage the use of the Mt McIntyre Recreation Area and foster a good working relationship with all user groups through the MMMURA user group committee
• Continue to foster a good relationship with ATCO and with Raven’s Ridge Developments so that if future development does occur, there may be an opportunity to co-exist.
• Write letters to city officials to support the changes to the OCP and Yukon government officials to let them know how much you value the trails and that you support efforts to improve the protection of the trails on the publicly owned land.
• Encourage all trail users to voice their support for long term protection

MAP 1 Ski Club's Areas of Interest

MAP 2 Proposed Park Reserve

This map shows the present Chadburn Lake Park Reserve which does not allow mineral staking, and the proposed Mt McIntyre Park Reserve.  The bright green  areas are the Chadburn Lake Park Reserve (39 sq km which is 9.3% of the area of Whitehorse) and the proposed Mt McIntyre Park Reserve (10 sq km or 2.4% of the area of Whitehorse).