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James River Watershed Protected Water Area Designation
made under Section 106 of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 168/2006 (August 25, 2006)
Canada
Province of Nova Scotia
In The Matter of: the Environment Act, S.N.S. 1994-95, c. l, S. 106
In The Matter of: the designation of an area surrounding James River, Antigonish County, as a Protected Water Area, to be known as the “James River Watershed Protected Water Area”
Designation of the James River Watershed Protected
Water Area and the Making of Regulations with Respect Thereto
Whereas the James River Watershed Protected Water Area Designation and Regulations, N.S. Reg. 218/88, were made by the Minister of the Environment by Order dated October 25, 1988 which defined and prescribed an area surrounding James River as the public water supply for the Town of Antigonish;
And whereas subsections 106(4) and (5) of the Environment Act provide:
(4) When requested by an operator of a water works or proposed water works, the Minister may cancel a designation made pursuant to this Section, in whole or in part.
(5) Any protected water area designated pursuant to the Water Act, prior to the coming into force of this Act remains so designated;
And whereas the Town of Antigonish, operator of the water utility, has requested that the Minister of Environment and Labour cancel the James River Watershed Protected Water Area Designation and Regulations, N.S. Reg. 218/88;
And whereas Section 106 of Chapter 1 of the Acts of 1994-95, the Environment Act, provides for the designation by the Minister of Environment and Labour of a protected water area and the making of regulations under subsection (6) to prohibit, regulate or require the doing of any act or acts in a protected water area that may impair or prevent the impairment, as the case may be, of the quality of water in the Protected Water Area;
And whereas the Town of Antigonish, operator of the water utility, has requested that the Minister of Environment and Labour designate the James River watershed as a Protected Water Area in order to protect the quality of the surface water and the groundwater supply;
And whereas the boundaries of the James River Watershed Protected Water Area are to remain the same as the designation made pursuant to N.S. Reg. 218/88, October 25, 1988;
And whereas the Town of Antigonish has provided opportunities for public consultation, including public meetings and the establishment of the James River Watershed Stewardship Board, an advisory committee comprising a number of different representatives including the general public and landowners;
Therefore pursuant to Section 106 of Chapter 1 of the Acts of 1994-95, the Environment Act, the undersigned, Mark Parent, Minister of the Environment and Labour hereby
(a) cancels the James River Watershed Protected Water Area Designation and Regulations, N.S. Reg. 218/88;
(b) designates an area surrounding James River more fully described in Schedule “A” as a protected water area, to be known as the “James River Watershed Protected Water Area” and;
(c) makes regulations respecting activities in the James River Watershed Protected Water Area, in the form set forth in Schedule “B”.
Schedule “A”
James River Watershed Protected Water Area Boundary Description
All and singular that certain lot, piece or parcel of land situate, lying and being in the Brown’s Mountain area, Counties of Antigonish and Pictou, Province of Nova Scotia, and as shown on a plan signed by Hugh J. Sullivan, Nova Scotia Land Surveyor, said plan titled “Town of Antigonish - Proposed Water Shed Boundary”. Said plan having his file No. 79-30A, dated November 19, 1979 and revised to the 8th day of April, 1988. Said parcel of land being more particularly described as follows:
All directions refer to the grid meridian and were determined from Nova Scotia Control Monuments # 24008, 24009, 24012 and 24013 as shown on aforementioned plan.
Beginning at a point marked by survey marker # 38 on the southern boundary of the Brown’s Mountain Road so called, near the Maritime Telephone and Telegraph Tower. Said point being north forty-five degrees fifty-two minutes forty seconds west (N 45-52-40 W) a distance of five hundred and seventy-five decimal zero two (575.02') feet from said Nova Scotia Control Monument # 24012.
Thence south seventeen degrees zero zero minutes thirty seconds east (S 17-00-30 E) a distance of eighteen hundred and forty-three decimal five two (1843.52') feet to a point marked by survey marker # 38A on the eastern boundary of a wood road.
Thence continuing in the same direction south seventeen degrees zero zero minutes thirty seconds east (S 17-00-30 E) a distance of fourteen hundred and eight decimal five two (1408.52') feet to a point marked by survey marker # 39 on the northern boundary line of lands now or formerly of Sophie Ann MacLellan.
Thence south forty degrees fifteen minutes zero zero seconds east (S 40-15-00 E) a distance of twelve hundred and sixty-six decimal two three (1266.23') feet to a point marked by survey marker # 40.
Thence south fourteen degrees fourteen minutes fifty seconds west (S 14-14-50 W) a distance of six thousand seven hundred and fifty-eight decimal zero eight (6758.08') feet to a point marked by survey marker # 41 on the northern boundary line of lands now or formerly of Peter MacDonald.
Thence south thirty-four degrees zero zero minutes fifty seconds east (S 34-00-50 E) a distance of six hundred and fourteen decimal one nine (614.19') feet to a point marked by survey marker # 42.
Thence south forty-six degrees zero three minutes ten seconds west (S 46-03-10 W) crossing the James River a distance of one thousand and sixty decimal five four (1060.54') feet to a point marked by survey marker # 1.
Thence south sixteen degrees twelve minutes ten seconds west (S 16-12-10 W) a distance of eight hundred and sixty-seven decimal four six (867.46') feet to a point marked by survey marker # 2.
Thence north forty-three degrees fifty-six minutes fifteen seconds west (N 43-56-15 W) a distance of eleven hundred and six decimal three nine (1106.39') feet to a point marked by survey marker # 3.
Thence north seventy-four degrees fifty minutes fifty seconds west (N 74-50-50 W) a distance of fifteen hundred and fifty decimal nine zero (1550.90') feet to a point marked by survey marker # 4. Said point is also marked by Crown Post # 3115.
Thence north seventeen degrees zero nine minutes thirty-five seconds west (N 17-09-35 W) a distance of fifteen hundred and eighty-three decimal seven six (1583.76') feet to a point marked by survey marker # 5.
Thence north seventy-one degrees eleven minutes forty seconds west (N 71-11-40 W) a distance of sixteen hundred and ninety-nine decimal two four (1699.24') feet to a point marked by survey marker # 5A.
Thence south eighty-two degrees forty-three minutes forty seconds west (S 82-43-40 W) a distance of thirteen hundred and eleven decimal eight two (1311.82') feet to a point marked by survey marker # 6.
Thence south twenty-five degrees twenty minutes fifty seconds west (S 25-20-50 W) a distance of twenty-seven hundred and thirty-nine decimal five two (2739.52') feet to a point marked by survey marker # 7. Said point is also marked by Crown Post # 3110.
Thence south seventy degrees fifteen minutes thirty seconds west (S 70-15-30 W) along the northern boundary line of lands now or formerly of William Brothers Limited a distance of twenty-seven hundred and forty-eight decimal two seven (2748.27') feet to a point marked by survey marker # 8. Said survey marker being on the western boundary of a wood road as shown on aforementioned plan.
Thence south seventy degrees nineteen minutes forty-five seconds west (S 70-19-45 W) a distance of fourteen hundred and sixty-four decimal eight six (1464.86') feet to a point marked by survey marker # 9.
Thence north sixty-three degrees fifty-four minutes fifty-five seconds west (N 63-54-55 W) a distance of eighteen hundred and forty-nine decimal six zero (1849.60') feet to a point marked by survey marker # 10.
Thence north zero four degrees zero five minutes twenty seconds east (N 04-05-20 E) a distance of twenty-two hundred and eighty-nine decimal seven zero (2289.70') feet to a point marked by survey marker # 11. Said survey marker being on the northern boundary of a wood road.
Thence continuing in the same direction north zero four degrees zero five minutes twenty seconds east (N 04-05-20 E) a distance of five hundred and thirty-one decimal six seven (531.67') feet to a point marked by survey marker # 12.
Thence north forty-eight degrees fifty minutes ten seconds west (N 48-50-10 W) a distance of seven hundred and forty-six decimal one five (746.15') feet to a point marked by survey marker # 13.
Thence north fifteen degrees zero eight minutes zero zero seconds west (N 15-08-00 W) a distance of eight hundred and eighty decimal eight eight (880.88') feet to a point marked by survey marker # 14 on the northern boundary of a public road which leads from Marshy Hope to Brown’s Mountain.
Thence continuing in the same direction north fifteen degrees zero eight minutes zero zero seconds west (N 15-08-00 W) a distance of three hundred and eighty-three decimal two six (383.26') feet to a point marked by survey marker # 15.
Thence north fifty-three degrees fifty minutes thirty seconds west (N 53-50-30 W) a distance of sixteen hundred and eighty decimal six eight (1680.68') feet to a point marked by survey marker # 16.
Thence north twenty-one degrees forty-four minutes twenty seconds west (N 21-44-20 W) a distance of twenty-one hundred and three decimal four five (2103.45') feet to a point marked by survey marker # 17.
Thence north sixty-six degrees thirty-four minutes thirty-five seconds west (N 66-34-35 W) a distance of fourteen hundred and forty-six decimal zero five (1446.05') feet to a point marked by survey marker # 18. Said survey marker being on the eastern boundary of a wood road called the Farm Road as shown on aforementioned plan.
Thence north twenty-two degrees twenty-one minutes twenty seconds west (N 22-21-20 W) along the eastern boundary of said wood road a distance of thirteen hundred and sixty-one decimal five three (1361.53') feet to a point marked by survey marker # 19.
Thence north thirty-eight degrees forty-two minutes forty-six seconds west (N 38-42-46 W) along the eastern boundary of a wood road a distance of fourteen hundred and eighty-two decimal zero one (1482.01') feet to a point marked by survey marker # 20.
Thence north twenty-eight degrees twenty-six minutes fifty seconds west (N 28-26-50 W) along the eastern boundary of said wood road a distance of two thousand and ninety-six decimal six seven (2096.67') feet to a point marked by survey marker # 21.
Thence north sixty-two degrees forty-one minutes forty-five seconds west (N 62-41-45 W) crossing the wood road a distance of nineteen hundred and ninety-eight decimal two three (1998.23') feet to a point marked by survey marker # 22. Said survey marker being south eleven degrees forty minutes thirty-five seconds west (S 11-40-35 W) a distance of thirteen hundred and seven decimal four eight (1307.48') feet from said Nova Scotia Control Monument # 24009.
Thence north fifteen degrees twenty-five minutes forty-five seconds west (N 15-25-45 W) a distance of six thousand two hundred and seventeen decimal one seven (6217.17') feet to a point marked by survey marker # 23.
Thence north seventy-two degrees thirty-two minutes zero zero seconds east (N 72-32-00 E) a distance of twenty-three hundred and seventy-five decimal one four (2375.14') feet to a point marked by survey marker # 24.
Thence north sixteen degrees twenty-seven minutes thirty seconds west (N 16-27-30 W) a distance of seventeen hundred and seventeen decimal five two (1717.52') feet to a point marked by survey marker # 25.
Thence north seventy degrees twenty-two minutes twenty seconds east (N 70-22-20 E) along the southern boundary of lands of Scott Paper International Inc. a distance of three thousand four hundred and fifty-eight decimal one three (3458.13') feet to a point marked by survey marker # 25A.
Thence north twenty degrees fifty-four minutes zero five seconds east (N 20-54-05 E) along the eastern boundary of lands of Scott Paper International Inc. a distance of one thousand and thirty-five decimal three nine (1035.39') feet to a point marked by survey marker # 25B on the Southern boundary of lands of the Catholic Episcopal Corporation of Antigonish.
Thence north seventy degrees twenty-five minutes twenty seconds east (N 70-25-20 E) along the southern boundary of lands of said Catholic Episcopal Corporation of Antigonish a distance of two thousand four hundred and fifty-nine decimal seven three (2459.73') feet to a point marked by survey marker # 26 on the western boundary of the public road which leads from Brown’s Mountain to Dunmaglass.
Thence south twenty-one degrees thirty-six minutes forty seconds east (S 21-36-40 E) along the western boundary of said public road a distance of fifteen hundred and eighty-eight decimal eight nine (1588.89') feet to a point marked by survey marker # 27.
Thence north sixty-seven degrees twelve minutes twenty-five seconds east (N 67-12-25 E) along the southern boundary of lands of Scott Maritimes Limited a distance of forty-three hundred and thirteen decimal five nine (4313.59') feet to a point marked by survey marker # 28.
Thence south nineteen degrees forty-eight minutes zero zero seconds east (S 19-48-00 E) along the western boundary of Scott Maritimes Limited a distance of nine hundred and eighty-nine decimal five one (989.51') feet to a point marked by survey marker # 29. Said point also marked by Crown Post # 3228.
Thence south eighteen degrees twenty-five minutes ten seconds east (S18-25-10 E) along the western boundary of Crown lands a distance of one thousand and sixty-three decimal zero four (1063.04') feet to a point marked by survey marker # 30. Said point also being marked by Crown Post # 3229.
Thence south eighty-seven degrees zero six minutes thirty seconds east (S 87-06-30 E) a distance of three thousand six hundred and ninety-six decimal nine five (3696.95') feet to a point marked by survey marker # 31.
Thence south fifty-five degrees eleven minutes fifty seconds east (S 55-11-50 E) a distance of four thousand and thirty-six decimal nine two (4036.92') feet to a point marked by survey marker # 32.
Thence north fifty-six degrees twenty-eight minutes fifteen seconds east (N 56-28-15 E) a distance of nineteen hundred and twenty-nine decimal three one (1929.31') feet to a point marked by survey marker # 33.
Thence south fifty-six degrees thirty-four minutes forty seconds east (S 56-34-40 E) a distance of twenty-seven hundred and ninety-three decimal seven eight (2793.78') feet to a point marked by survey marker # 34.
Thence south twenty-seven degrees thirty minutes fifty seconds east (S 27-30-50 E) a distance of twenty-six hundred and thirty-two decimal six two (2632.62') feet to a point marked by survey marker # 35.
Thence south zero one degrees zero five minutes fifty seconds east (S 01-05-50 E) a distance of three thousand fifty-three decimal zero three (3053.03') feet to a point marked by survey marker # 36. Thence south eighty-four degrees fourteen minutes fifty-five seconds west (S 84-14-55 W) a distance of twenty one hundred and sixty-one decimal five zero (2161.50') feet to a point marked by survey marker # 37.
Thence south zero zero degrees zero one minutes fifty seconds west (S 00-01-50 W) a distance of seven hundred and eighty-eight decimal nine one (788.91') feet to a point on the northern boundary of the Maritime Telegraph and Telephone Co. Ltd. property.
Thence north eighty-one degrees twenty-eight minutes twenty seconds west (N 81-28-20 W) a distance of ninety-six decimal nine nine (96.99') feet to a point marked by Crown Post # 329.
Thence south zero eight degrees thirty-one minutes forty seconds west (S 08-31-40 W) a distance of six hundred and fifty-nine decimal five four (659.54') feet to a point marked by Crown Post # 326.
Thence south eighty-one degrees twenty-eight minutes zero zero seconds east (S 81-28-00 E) along the northern boundary of the Brown’s Mountain Road a distance of one hundred and ninety-five decimal five three (195.53') feet to a point on the southern boundary of the Maritime Telegraph and Telephone Co. Ltd. property.
Thence south zero zero degrees zero one minutes fifty seconds west (S 00-01-50 W) a distance of sixty-six decimal seven three (66.73') feet to the place of beginning.
Containing nine thousand six hundred and seventy-five decimal six (9675.6) acres more or less.
The boundaries set out above are approximated on the map attached hereto as Map “A”.
