Order No. 1995-R-326
August 1, 1995
IN THE MATTER OF Order No. 1995-R-162 dated April 21, 1995 which authorized the City of Kamloops to reconstruct the overhead bridge, namely the Overlander Bridge, to accommodate the construction of a bicycle pathway across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 0.91 Thompson Subdivision, in the city of Kamloops, in the province of British Columbia, as shown on Drawing No. 9302-1 revised November 15, 1994; Drawing No. 9302-34 dated November 21, 1994; and Drawing Nos. 9302-206 and 9302-207 both dated February 16, 1995, on file with the National Transportation Agency (hereinafter the Agency); and
IN THE MATTER OF an application by Watson Engineering Ltd., on behalf of the City of Kamloops (hereinafter the applicant), pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), to amend Order No. 1995-R-162 by including, as part of the Overlander Bridge bicycle pathway work, reference to the pathway parallel to the railway tracks between Overlander Bridge and Riverside Park.
File No. R 8050/246-000.91
WHEREAS pursuant to subsection 18(1) of the Canadian Environmental Assessment Act, S.C., 1992, c. 37, the project has been screened and a screening report has been prepared;
AND WHEREAS after taking into consideration the screening report, the Agency has determined that the project is not likely to cause significant adverse environmental effects;
AND WHEREAS the railway company has no objection to the amendment of Order No. 1995-R-162 to include reference to the bicycle pathway along the railway right-of-way;
AND WHEREAS Drawing No. 9302-1 revised November 15, 1994 and Drawing Nos. 9302-206 and 9302-207 both dated February 16, 1995 show the 3.0 metre wide bicycle pathway to be constructed along and within the railway right-of-way from Overlander Bridge to Riverside Park;
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 NTA, 1987, that there has been a change in the facts or circumstances pertaining to Order No. 1995-R-162 since it was issued;
NOW THEREFORE, IT IS ORDERED THAT:
The preamble of Order No. 1995-R-162 dated April 21, 1995 is hereby amended by changing the reference to «a bicycle pathway across and over the tracks of Canadian Pacific Limited» to read «a bicycle pathway running along, across and over the tracks of Canadian Pacific Limited».
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