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Part II .

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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”.