John Kinnear
Jul 30, 2025
There can be no doubt that logging encroachments to their territory as well as the recent sound disturbances can have potentially serious consequences.
There is a sequence of events that has transpired in and around the Byron Creek acreages recently that warrants sharing in order for the public to fully understand the significance of the logging being carried out in this area. But first I’d like to step back into the heronry story from last week’s column for a bit.
I have had, on four separate occasions, the opportunity to visit an observation site perfectly located north of the estimated 20 or so heron nests at the end of Evergreen Drive. July 13th, was my first time being there without the intense din of a logging crew. The absolute beauty of the quietness of that valley, other than the rhythmic gurgling of Byron Creek, was like a breath of fresh air. The gorge really amplifies sounds so I got to hear firsthand the raucous clacking sounds of the fledgling teenage herons, precipitated by the arrival of a fish-filled adult. It is like nothing I have ever heard. To be witness to this magnificent heronry creating yet another batch of juveniles to send out into the world is a rare privilege.
There can be no doubt that logging encroachments to their territory as well as the recent sound disturbances can have potentially serious consequences. It appears that this will remain to be seen next season as to whether they return. Current Canadian Wildlife Service’s guidelines include a 250 meter buffer around the heronry until August 15th and then it drops to 100 meters. Given that the nests are 100 meters away from the gorge’s edge, if logging is taken to the same edge it could prove disastrous. What few trees that may be left would be subject to shear winds and the nests themselves to higher winds. It can also be noted that opening the area around them up will probably result in increased predation to the vulnerable fledglings. Thus quiet hidden secluded area is why the herons chose it.
My personal observation after several visits is that the stressful impact the logging has had on the human residents in the area is very evident. Extreme noise and dust, an old favourite trail turned into a logging road and a disturbed intermittent stream are examples of this stress. There is the possibility that real estate values could be impacted and their little pieces of paradise have been shaken badly. One resident down lower has, at times, as many as 12 logging trucks a day passing by a mere hundred feet or so from their property and perilously close to the creek itself.According to local knowledge and historical maps, the haul road crosses what appears to be the former coal slack piles from the old Byron Creek Collieries underground mine.
Most logging practice literature states that clear cut logging on steep terrain can have serious long term effects like increased erosion, disruption of water cycles and even landslides because of the loss of trees and vegetation that provide stability. Some portions of the Bryon four quarter sections have quite steep topography. Residents have not observed any visible erosion control measures such as silt fences in place at this time, raising concerns about potential runoff or environmental impacts.”
It should also be noted that none of the Evergreen Drive or Adanac Road owners were given any prior notice when the logging machinery showed up on June 10th. No consultation and no idea of exactly what the owner was planning to do. It must have been, at the very least, disconcerting to hear the likes of a mechanized tree faller and skidders operating in such close proximity to their acreages. Incidentally the sound level of these fallers often exceeds 90 decibels and they usually run non-stop for hours. With this logging commencement it became obvious, very quickly to the area residents, that it would take a heavy toll on their environment. .
Looking back to before this start up there had been an enquiry into this particular land sale directed to an Alberta representative of the Nature Conservancy of Canada as to the possibility of securing two of these important four quarter sections of land but the sale had already been concluded. There is no doubt that this would have provided important landscape linkage between the Byron landscape and the other NCC properties secured immediately north and east of the easterly most quarters. (see map. One of NCC’s prime goals is trying to maintain wildlife connectivity, which has already been severely impaired by highways and other developments here.
There is much documented evidence of Byron Creek valley’s biodiversity and importance. In the case of the Byron acreages, in and around the creek, the owners have collected all kinds of imagery with wildlife cameras. One resident has recorded a grizzly bear with three cubs moving north past their place in the spring and again moving back south with maturing cubs in the fall.
As I indicated last week Byron Creek has very severe topography in their area with as much as 57 meters of relief from adjoining acreages to the creek bed. Because of this severity residents have photo documented evidence of wildlife like elk, deer, cougar, fox, moose, wolf and black bears, travelling through the bush, through their acreages and along the crest line of the gorge. Residents worry that clearing the trees along this route could significantly alter wildlife movement through the area, which they believe has functioned as a corridor from Castle Wildland Park.
To the best of residents’ knowledge, no formal nesting survey was conducted prior to the start of logging in these areas. While there is no specific requirement for this, impacts from logging can be significant to bird populations in the area. There is clear evidence to be found of pileated woodpecker activity including a nest on one of the acreages up against the west cutting block. Pileated’s, like herons, are protected under the Migratory Bird Regulations, along with 17 other migratory bird species, regardless of occupancy, and unless they are deemed abandoned.
There has been an almost nonstop cascade of logging noises permeating the Byron Creek valley ever since June 10th, and in one case it was happening a mere 125 meters or so directly across the creek canyon from the acreages. I personally witnessed several times what this was like and in some cases even casual conversation was severely affected. On top of this there were the interrupted sleep patterns of the residents.
Residents reported that work was beginning as early as 5 AM prior to July 7th, which they say created significant early morning disruption. This along with the occurrence of late night backup beepers led the affected residents to seek their only recourse. That was to file complaints under the municipal noise by-law which subsequently led to five or more fines being issued by municipal by-law officers. Some residents expressed frustration that the fines were perceived by the contractor as a minimal cost of doing business.
Finally, on July 9th, the owner agreed to abide by the bylaw’s 7 AM startup restriction. The residents of Evergreen and Adanac have come together several times to present a common front and get updates on what other avenues they might turn to. These gatherings have also been attended by outside concerned individuals, bird enthusiasts, some government officials and the RCMP. Mayor Blair Painter and councilor Lisa Sygutek have been on hand at different times with Painter urging residents to keep filing complaints as the infractions occur. According to MCP Development Officer Katherine Mertz there is no permit required to log on private land. And very little if any logging regulations also it appears.
Despite reaching out to numerous agencies, residents report being repeatedly told that responsibility for the matter falls outside those agencies’ jurisdiction. Letters, phone contact and/or information packages have been sent to people like Paul Gregoire and Mariah Hierath with Canadian Wildlife Service and Rebecca Schulz - Minister of Environment and Protected Services. Within her department (AEPA) a wildlife biologist and a senior fisheries biologist were also contacted. Senior area foresters and forest officers with Alberta Forests and Parks have also been engaged. Mike Taje, area land officer with Forests and Parks, gave the all too familiar reply, “no jurisdiction”. Also Carmen Roman, President of the Crowsnest Pass Ratepayers’ Association, sent a 20 page letter, complete with maps and photos, to Rebecca Schulz on July 2nd on behalf of the community, outlining a whole raft of concerns. As they say, no stone is being left unturned.
Some recent progress on this complex issue has been that discussions held between the owner and Patrick Thomas CAO of the municipality resulted in a promise to adhere to the 7 AM sound bylaw for their earliest startup. Brent Juergensen, an Environmental Protection Officer with the AEPA has made two on-site visits resulting in an order issued to the owner to restore an intermittent stream near Adanac Road that residents say has been heavily altered during the course of the work. This stream drains into Byron Creek, and residents have identified several other intermittent flows on the property that they believe may warrant monitoring. Also the owner has contracted biologists to observe and record daily the heronry’s activities.
At the July 15th council meeting there was serious discussion on all this, including a stakeholder statement, as to what further actions can be taken. Councilor Sygutek spoke about the need to revisit the sound bylaw with regard to the present fine limits and made a motion that this bylaw be reviewed soon. Also there is the fact that industrial noise, as compared to residential disturbances, should have perhaps stronger fines and more limited hours. It is very evident going forward that a serious review of the municipality’s role with regard to private logging within its boundaries is in order. It would speak to the protection of stakeholders in future developments and for our drainages. Perhaps bigger parcels should have to be issued a municipal development permit that contains preconditions but it is likely that council has “no jurisdiction” to do this as the issue is under the purview of the province.
Authors Note: Other than the sound and intermittent stream infractions it should be clear that the owner has proceeded within his rights on his lands.
