Order No. 1994-R-18

January 14, 1994

January 14, 1994

IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to:

a) reconstruct the overhead bridge carrying the "highway", namely Young's Ridge Road, across and over the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 46.32 Newcastle Subdivision; and

b) close the existing crossing at mileage 45.93 Newcastle Subdivision;

near Rogersville, in the county of Northumberland, in the province of New Brunswick, as shown on Drawing Nos. 1 of 3, 2 of 3, and 3 of 3, all dated May 1991 and Drawing No. AA80-46.30-3.1 through Drawing No. AA80-46.30-3.4 all dated June 26, 1992 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File Nos. R 8050/566-046.32
R 8050/566-045.93

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 insignificant;

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 overhead bridge shall be reconstructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. When the overhead bridge has been opened for use by the public, the applicant and the railway company shall close the existing level crossing within the limits of the railway right-of-way.
  4. The cost of constructing the diversion of Route 126 and the cost of closing the existing level crossing shall be considered part of the cost of reconstructing the overhead bridge.
  5. Five percent of the cost of reconstructing the overhead bridge up to a maximum of $17,120.38, shall be paid by the railway company and the balance of the cost shall be paid by the applicant.
  6. The cost of maintaining the highway approaches of the overhead bridge shall be paid by the applicant and all other costs of maintaining the overhead bridge shall be paid by the railway company.
  7. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1993-R-29 dated February 1, 1993, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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