Order No. 1996-R-41

January 30, 1996

January 30, 1996

IN THE MATTER OF an application by the District of Chilliwack (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 reconstruct the "highway", namely Lickman Road, by widening it where it crosses at grade the right-of-way and track of the Canadian National Railway Company (hereinafter the railway company) at mileage 74.60 Yale Subdivision, in the district of Chilliwack, in the province of British Columbia, as shown on Drawing No. C5-1177-1-1, Sheet No. 1, revised September 5, 1995 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/722-074.60

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 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 Plan.
  2. 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.
  3. The cost of reconstructing and maintaining the crossing shall be paid by the applicant.
  4. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the applicant.
  5. 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. 1996-R-12 dated January 12, 1996, or its replacement, for any construction and maintenance work carried out by the railway company pursuant to this Order.
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