Order No. 1995-R-515

December 15, 1995

December 15, 1995

IN THE MATTER OF an application by the City of Calgary (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 an overhead bridge to carry a "highway", namely Stoney Trail, across and over the tracks of Canadian Pacific Limited (hereinafter the railway company), at mileage 8.94 of the Laggan Subdivision, in the city of Calgary, in the province of Alberta, as shown on Drawing Nos. SK-87 Revision 1 and SK-179 Revision 1 both dated September 8, 1995 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/117-008.94

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 taking into account the implementation of the mitigative measures proposed by the applicant;

AND WHEREAS the utility companies affected by the proposal have no objection to the proposed work;

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 construct the overhead bridge as shown on the Plans.
  2. The overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The applicant shall implement the mitigative measures, practices and procedures for the protection of the environment as set out in its application and related filings and shall cause no variation in these mitigative measures, practices and procedures without the prior approval of the Agency.
  4. The applicant and the railway company are authorized to construct the temporary level crossing west of the bridge to permit the construction of the overhead bridge.
  5. The cost of constructing and maintaining the overhead bridge shall be paid by the applicant.
  6. The cost of constructing and removing the temporary level crossing shall be considered part of the cost of constructing the overhead bridge.
  7. Detailed plans shall be submitted to and approved by an Engineer of the Agency before construction is commenced.
  8. When the overhead bridge has been opened for use by the public, the applicant and the railway company shall close the temporary level crossing within the limits of the railway right-of-way.
  9. 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. 1995-R-28 dated February 6, 1995, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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