Order No. 1994-R-19
January 14, 1994
IN THE MATTER OF Order No. 1988-R-512 dated June 1, 1988, which authorized the Corporation of the District of North Cowichan (hereinafter the applicant) to construct Beverly Street at grade across the right-of-way and track of Canadian Pacific Limited, at mileage 40.23 Victoria Subdivision, in the city of Duncan, in the province of British Columbia, as shown on Drawing No. 31-2071-0/31-1 revised March 16, 1988 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/264-040.22
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 applicant has submitted Drawing No. 1, Sheet 1 of 1, revised September 9, 1993 showing a design different from the one on Drawing No. 31-2071-0/31-1, revised March 16, 1988, referred to in Order No. 1988-R-512;
AND WHEREAS the railway company has no objection to the design changes made to the Plan;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. 1988-R-512 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1988-R-512 dated June 1, 1988 is hereby amended by:
- Replacing "Drawing No. 31-2071-0/31-1, revised March 16, 1988" with "Drawing No. 1, Sheet 1 of 1, revised September 9, 1993".
- Replacing "mileage 40.23" in the title with "mileage 40.22".
- Date modified: