Order No. 1993-R-29

February 1, 1993

February 1, 1993

IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct a "highway", namely Newcastle-Chatham Collector Highway, at grade across the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company), at mileage 4.10 Loggieville Subdivision, near the village of Chatham Head, in the Province of New Brunswick, as shown on Plan No. 46-2-9-4.10 dated September 1992 and Plan Nos. 46-2-9-4.09 and 46-2-9-4.11, both dated November 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/517-004.10

WHEREAS the Agency has performed an environmental screening of the proposal pursuant to section 10 of the Environmental Assessment and Review Process Guidelines Order, SOR/84-467 (hereinafter the EARP Guidelines Order);

AND WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that the potentially adverse environmental effects that may be caused by the proposal are mitigable with known technology;

AND WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to carry out the work as shown on the Plans.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The work shall be carried out and maintained in accordance with sound environmental practice.
  4. The applicant shall file with the Agency, prior to construction, the siltation control procedure that will be followed to avoid any possible harm to watercourses.
  5. The cost of constructing and maintaining the crossing shall be paid by the the applicant.
  6. The cost of constructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  7. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, which is attached hereto, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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