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North Tyndal Protected Water Area Designation and Regulations

made under subsection 106(5) and (6) of the

Environment Act

S.N.S. 1994-95, c. 1

September 16, 1992, N.S. Reg. 200/92



Canada

Province of Nova Scotia

 

In the Matter of:                        The Water Act, being chapter 500 of the Revised Statutes of Nova Scotia, 1989;


- and -

 

In the Matter of:                        The Designation of the North Tyndal Protected Water Area in the County of Cumberland, Province of Nova Scotia, and the regulation of activities within the aforesaid area.



O r d e r


Designation of North Tyndal

Protected Water Area

 

I.     Whereas subsections (1) and (2) of Section 16 of Chapter 500 of the Revised Statutes of Nova Scotia, 1989, the Water Act provide:

 

       16     (1)    The Minister may by order designate an area surrounding any source of water supply for a water works as a protected water area and thereupon the person operating a water works and using for it water from that source shall

 

                         (a)    give notice that the area has been designated a protected water area by publishing the order in a newspaper having circulation in the county in which the area is located and in the Royal Gazette;

 

                         (b)    at the direction of the Minister post signs in the area indicating that it has been designated a protected water area; and

 

                         (c)    protect the source of water supply.

 

                (2)    The Minister may by order prohibit or regulate the doing of any act or acts in any area so designated that my impair the quality of the water in the sources of water supply.

 

II.   And whereas the Council of the Town of Amherst as operators of the Amherst Water Utility by resolution dated the 4th day of May, 1992, requested the Minister of the Environment to designate the North Tyndal water recharge are as a protected water area and to enact regulations respecting activities therein;


Now therefore:


Part I - Designated Area


Witnesseth that the undersigned, the Minister of the Environment for the Province of Nova Scotia, pursuant to subsection (1) of Section 16 of the Water Act, hereby

 

                (a)    designates an area of land and the water therein, situate at or near the Tyndal Road, in the County of Cumberland, Province of Nova Scotia, as a Protected Water Area for the water works to be constructed and operated by the Town of Amherst, the said area of land being more fully described in Schedule “A” (Zone 1), Schedule “B” (Zone II) and Schedule “C” (Zone III) and more fully shown on a plan marked Schedule “D”, all schedules attached to and forming part of this Order;

 

                (b)    approves the name of the said Protected Water Area to be the North Tyndal Protected Water Area”.



Part II - Regulations


And further witnesseth that the undersigned, pursuant to subsection (2) of Section 16 of the Water Act does hereby order that the following terms and conditions apply within the North Tyndal Protected Water Area:


Citation

1     These regulations may be cited as the “North Tyndal Protected Water Area Regulations”.

 

2     (1)    In this Order,

 

                (a)    “Act” means the Environment Act and regulations made pursuant thereto;

 

                (b)    “Administrator” means a person employed by the Department and appointed by the Minister pursuant to Section 16 of this Order;

 

                (c)    “agricultural operation” means a farming unit which

 

                         (i)     houses ten (1) or more manure animal units (MAUs) of livestock,

 

                         (ii)    has greater than ten (10) hectares of land in forage production,

 

                         (iii)   has greater than five (5) hectares of land in animal crop production, or

 

                         (iv)   has any combination of the above;

 

                (d)    “biocide” means a toxic chemical or other substance capable of killing living organisms but does not include a registered pest control product;

 

                (e)    “Committee” means the North Tyndal Wellfield Advisory Committee which is a joint committee of the Town of Amherst and the Municipality of the County of Cumberland established to advise the Town and the Municipality on all matters related to water quality in the Protected Water Area;

 

                (f)    “Department” means the Nova Scotia Department of the Environment;

 

                (g)    “forestry operation” means any activity related to the use of the forest for the production of timber, wood fibre or Christmas trees and includes the following activities, as well as any other activity, related to the said use:

 

                         (i)     forest management planning,

                         (ii)    silviculture,

                         (iii)   harvesting,

                         (iv)   protection,

                         (v)    road construction,

                         (vi)   operation, storage and use of equipment and supplies used in any aspect of the forestry operation;

 

                (h)    “manure animal unit” or “MAU” means the amount of livestock manure produced annually in terms of nitrogen content using a mature cow as the standard with the equivalent for other livestock being more fully outlined in Table 5 of the Nova Scotia Department of Agriculture publication “Guidelines for the Management and Use of Animal Manure in Nova Scotia (revised 1991)”, as amended from time to time;

 

                (i)     “Minister” means the Minister of Environment of the Province of Nova Scotia;

 

                (j)     “open fire” means a fire which is not fully contained within a stove or other device in common usage for the burning of wood as a fuel source for domestic cooking or heat;

 

                (k)    “pest control product” means a pest control product as defined in the Pest Control Products (Nova Scotia) Act, R.S.N.S. 1989, c. 341, as amended from time to time;

 

                (l)     “Professional forester” means a graduate of a recognized Canadian university with at least a bachelor’s degree in forestry;

 

                (m)   “Protected Water Area” means the land designated as the North Tyndal Protected Water Area which is more fully shown as Zones I, II and III on the plan marked as Schedule “D” and is more fully described in Schedules “A”, “B” and “C” attached hereto;

 

                (n)    “total degradation time” means the time for the initial concentration of toxic components to biodegrade to the maximum acceptable level permitted in the latest edition of the “Guidelines for Canadian Drinking Water Quality” published by Health Canada;

 

                (o)    “Town” means the municipal corporation known as the Town of Amherst or its successors;

 

                (p)    “vehicle” means any vehicle driven or propelled otherwise than by muscular power, whether or not the vehicle is registered pursuant to the Motor Vehicle Act;

 

                (q)    “watercourse” means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of water, and the water therein, including groundwater, within the jurisdiction of the Province, whether it contains water or not;

 

                (r)    “whole tree logging” means the removal from the land of the branches and limbs of trees in addition to the trunks;

 

                (s)    “Zone I” means the area of land situate within the Protected Water Area which is more fully shown on a plan marked Schedule “D”, and consists of that area of land within the exterior boundary described in Schedule “A”, both Schedules attached hereto;

 

                (t)     “Zone II” means the area of land situate within the Protected Water Area which is more fully shown on a plan marked Schedule “D”, and consists of that area of land between the exterior boundary of Zone I described in Schedule “A” and the exterior boundary of Zone II described in Schedule “B”, all schedules attached hereto;

 

                (u)    “Zone III” means the area of land situate within the Protected Water Area which is more fully shown on a plan marked Schedule “D”, and consists of that area of land between the exterior boundary of Zone II described in Schedule “B” and the exterior boundary of Zone III described in Schedule “C”, all schedules attached hereto.

[Note: the references to the Department in clauses (f) and (i) have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]

 

       (2)    Unless expressed otherwise, these regulations apply to Zone I, Zone II and Zone III.


Purpose

3     The purpose of this Order is to protect the quality of the groundwater and surface water resource in the Protected Water Area for the water supply of the Town of Amherst.


Public notification requirements

4     (1)    The Town shall post signs at appropriate locations to provide notice to the general public of the designation of the Protected Water Area.

 

       (2)    The Town shall replace any signs posted under subsection (1) which have been damaged or removed.

 

       (3)    The Town shall take appropriate measures to advertise and provide notice to the general public of these regulations.

 

       (4)    No person shall remove or alter any sign, notice or advertisement posted under these regulations.


Fire restrictions

5     (1)    No person shall light or be responsible for an open fire in the Protected Water Area from the 15th day of April to 15th day of October, inclusive, in any year.

 

       (2)    When an open fire is permitted during the times prescribed in subsection (1), no person shall burn a product other than wood or charcoal.

 

       (3)    No person involved in a forestry operation within the Protected Water Area shall fail to comply with Chapter 179 of the Revised Statutes of Nova Scotia, 1989, the Forests Act, and the regulations made pursuant thereto, including the Forest Fire Protection Regulations, as amended from time to time.


Forestry restrictions

6     (1)    Subject to subsection (2), no person shall undertake a forestry operation in the Protected Water Area unless the operation is conducted pursuant to a forest management plan which

 

                (a)    is prepared in accordance with the terms of reference approved by the Committee;

 

                (b)    is prepared by a professional forester; and

 

                (c)    is approved by the Committee.

 

       (2)    Subsection (1) does not apply to a forestry operation in which a property owner or occupier harvests less than twenty (20) cords of wood in any one year.

 

       (3)    No person shall harvest or remove trees within twenty (20) metres of any watercourse except for the selective removal of no more than forty (40) percent of the merchantable volume.

 

       (4)    Except for road construction, heavy machinery used in a forestry operation is not permitted within twenty (20) metres of a watercourse unless the ground is frozen, and is not permitted to be driven within five (5) metres of a watercourse at any time.

 

       (5)    The measurement of any distance specified in subsection (3) or subsection(4) shall be taken from the edge of a defined watercourse as identified on a 1:50000 scale topographic map.

 

       (6)    No person shall harvest more than forty (40) percent of the forested area of any landholding in the Protected Water Area during any five-year period.

 

       (7)    Whole tree logging is prohibited in the Protected Water Area.

 

       (8)    Stream crossings and road construction shall be conducted in accordance with the standards outlined in the publication prepared by the Department entitled “Environmental Standards for the Construction of Forest Roads and Fire Ponds in Nova Scotia”, as amended from time to time.


Pest control and biocide restrictions

7     (1)    No person shall use a pest control product in the Protected Water Area except in accordance with the notification and permit requirements prescribed in the Pest Control Products (Nova Scotia) Act, R.S.N.S. 1989, c. 341, and regulations made pursuant thereto.

 

       (2)    A person who intends to use or authorize others who use a pest control product or biocide in the Protected Water Area shall consult with the Committee sixty (60) days prior to the application of the pest control product or biocide.

 

       (3)    No person shall use a chemical pest control product or a chemical biocide in Zone I.

 

       (4)    Subject to Section 14, no person shall use a chemical pest control product or a chemical biocide in Zone II or Zone III which contains toxic components having a total degradation time exceeding one year.

 

       (5)    No person shall own, authorize or operate an aircraft for an aerial spray project

 

                (a)    within the horizontal area created by a 150 metre radius from each production well head; or

 

                (b)    within the horizontal distance of 50 metres from each side of the water transmission main situate within the Protected Water Area.


Refuse, waste and discharge restrictions

8     (1)    Subject to subsection (2), no person shall at any time deposit, pile, accumulate, discharge, drain or emit any oil or petroleum products, soap, detergent, garbage, litter, solid or liquid waste or effluent, or any other material which contaminates or may contaminate the source of water supply in the Protected Water Area.

 

       (2)    The following activities are permitted within the Protected Water Area:

 

                (a)    the use of an approved on-site sewage disposal system to receive domestic waste only; and

 

                (b)    the disposal of animal waste in accordance with Section 15.


Landfill restrictions

9     (1)    No person shall establish a dump, landfill or waste disposal site in the Protected Water Area.

 

       (2)    The use of any existing dump, landfill or waste disposal site in the Protected Water Area shall be discontinued within six (6) months of the date of this Order and the site restored by the owner or occupier to a standard approved by the Minister and the Minister of Health.


Easement restrictions

10   Unless approved in writing by the Minister or the Administrator, no person shall grant an easement for or construct or permit the construction of any road, railway, power transmission line, gas transmission line on, over or across the Protected Water Area.


Vehicle restrictions

11   No person shall own, use or operate a vehicle in Zone I of the Protected Water Area except in the following circumstances:

 

                (a)    use by the Town or its authorized representatives or agents to develop, maintain and operate the water works facilities located there;

 

                (b)    use by the Town or it authorized representatives or agents to manage or protect its forest resources;

 

                (c)    travel along that portion of Cook Road from the northwesterly edge of the Tyndal Road directly through Zone I to the southwesterly boundary of the lands shown on Schedule “D” as lands owned or claimed by Walter E. Curry; or

 

                (d)    use by the Department, Administrator, Committee and other regulatory agencies to carry out inspections.


Pit/mine/quarry restrictions

12   No person shall authorize or commence an operation to extract peat, gravel, rock or mineral in the Protected Water Area.


Erosion control restrictions

13   No owner or occupier of lands within the Protected Water Area or any other person involved in earthmoving, road construction or other construction work in the Protected Water Area shall fail to apply soil erosion and sedimentation controls on the site in accordance with standards or guidelines established from time to time by the Department.


Ice control restrictions

14   (1)    Ice control on any road situate in the Protected Water Area shall be accomplished by spreading with a minimum salt content.

 

       (2)    Subject to subsection (1), no person shall use any material or chemical for ice control on a road in the Protected Water Area unless that person has the prior written approval of the Minister or the Administrator.


Agriculture restrictions

15   (1)    No person shall establish an agricultural operation in Zone I of the Protected Water Area.

 

       (2)    No person shall construct a barn or other livestock facility in Zone II and Zone III of the Protected Water Area unless that person first demonstrates to the satisfaction of the Minister or the Administrator that sufficient cleared and cropped hectarage for manure application is available to carry the proposed number of MAUs according to Figure 2 of the Nova Scotia Department of Agriculture publication “Guidelines for the Management and Use of Animal Manure in Nova Scotia (revised 1991)”, as amended from time to time.

 

       (3)    Any new or expanded agricultural operations shall be constructed and maintained with a manure handling and storage system which

 

                (a)    is suited to the type and consistency of the manure produced on a farm; and

 

                (b)    includes an environmentally tight storage facility with the minimum capacity to hold the total of volume of seven (7) months production of manure, waste water, bedding and, in not roofed, rainwater.

 

       (4)    No person shall apply manure to land in Zone II and Zone III of the Protected Water Area at a rate whereby the combined nitrogen of the manure plus all applied fertilizers exceeds the maximum nitrogen level as recommended by the Nova Scotia Department of Agriculture for the crop being produced.

 

       (5)    No person shall pasture livestock on land in Zone I and Zone I of the Protected Water Area at stocking rates in excess of the carrying capacity of the pasture.


Appointment of administrators

16   The Minister may appoint an employee in the Department as an Administrator to administer , on behalf of the Minister and the Department, the provisions of this Order.

 

[Note: references to the Department of Agriculture and Marketing have been updated throughout in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006.]

 

[Note: the Department of Agriculture publication referred to in clause 2(1)(h) and subsection 15(2) has been succeeded by the publication entitled “Manure Management Guidelines (2006)”.]



Dated at Halifax, in the County of Halifax, Province of Nova Scotia, this 16th day of September, 1992.

 

Sgd. Terence R. B. Donahoe

The Hon. Terence R. B. Donahoe, Q.C.

Minister of the Environment



Schedule “A” - Description Zone I

North Tyndal Protected Water Area

Exterior Boundary


Shown as Zone I on a Sketch Showing The North Tyndal Protected Water Area prepared by Rayworth & Roberts Surveys Ltd., date August 19, 1992, attached hereto as Schedule “D”.


(Directions in the following are oriented to the N.S. Co-ordinate Grid, 3°MTM Zone 5 Central Meridian 64° 30' West Longitude.)


Beginning at a survey marker on the westerly bounds of Highway Route No. 366 (the Tyndal Road), said marker being 22° 56' 24" a distance of 1053.193 metres from N.S. Co-ordinate Monument #13380;


Thence 297° 44' 15" a distance of 433.279 metres along the northeasterly sideline of lands of J.D. Irving Ltd. deed recorded Book 222 Page 135 (first parcel) to a survey marker;


Thence 210° 18' 40" a distance of 629.395 metres along the westerly or rear boundary of said Irving property, (said boundary being known as the "The Town Line"), to a survey marker;


Thence 301° 51' 10" a distance of 1137.512 metres along the northerly sideline of lands of J.D. Irving Ltd. deed recorded Book 200 Page 442 (2nd parcel), (said sideline lying next to and easterly of the Irving Access Road running from the Tyndal Road to Long Lake), to a survey marker;


Thence 301° 50' 08" a distance of 1143.248 metres along said Irving property and said Access Road to a survey marker;


Thence 31° 30' 00" a distance of 797.041 metres along the southeasterly boundary of Crown Land and lands of Claude and Audrey Porter to a survey marker;


Thence 48° 43' 03" a distance of 1796.247 metres along the southerly bounds of lands of the Chignecto Ship Railway Company Limited to a survey marker;


Thence 119° 32' 55" a distance of 718.401 metres along the southerly side line of lands of George and Minerva Holton to a survey marker on the Spectacle Plain;


Thence 30° 48' 21" a distance of 42.457 metres along the easterly bounds of said Holton property to a second survey marker on the Spectacle Plain;


Thence 121° 16' 38" a distance of 530.409 metres along the southerly sideline of lands of Walter E. Curry to a survey marker;


Thence 122° 32' 50" a distance of 267.585 metres along said Curry sideline to a survey marker;


Thence 123° 52' 00" a distance of 167.72 metres along said Curry sideline to a survey marker;


Thence 30° 41' 00" a distance of 141.68 metres along the easterly bounds of said Walter E. Curry land, following The Town Line to a survey marker;


Thence 26° 35' 00" a distance of 71.90 metres along the easterly bounds of lands of Barbara Hashey, following The Town Line to a survey marker;


Thence 21° 22' 00" a distance of 70.148 metres along the easterly bounds of lands of the Town of Amherst, following The Town Line to a survey marker;


Thence 25° 34' a distance of 92.798 metres along the easterly bounds of property of Douglas & Goldie Thompson, following The Town Line to a survey marker;


Thence 117° 35' 26" a distance of 275.969 metres following a blazed line crossing lines of J.D. Irving Ltd. deed recorded Book 496 Page 521 to a survey marker;


Thence southwesterly following the westerly bounds of the Tyndal Road a calculated tie line bearing and distance of 205° 35' 23" 2331.828 metres to the place of beginning.



Schedule “B” - Description Zone II

North Tyndal Protected Water Area

Exterior Boundary



Shown as Zone II on a Sketch Showing The North Tyndal Protected Water Area prepared by Rayworth & Roberts Surveys Ltd. dated August 19, 1992, attached hereto as Schedule “D”.


(Directions in the following are oriented to the N.S. Co-ordinate Grid, 3°MTM Zone 5 Central Meridian 64° 30' West Longitude.)


Beginning at N.S. Co-ordinate Monument #13347, situate on the westerly side of Highway No. 366 (the Tyndal Road);


Thence in a straight line southeasterly an approximate distance of 1.3 kilometres, crossing the Tyndal Road, crossing the property of John O. Mosley deed recorded Book 323 Page 108, and crossing lands of J.D. Irving Ltd. to the point where a small unnamed brook empties into the most southerly extremity of Mosleys Pond;


Thence southwesterly upstream crossing lands of J.D. Irving Ltd., following said brook, a straight line distance of 0.3 kilometres;


Thence southerly crossing lands of J.D. Irving Ltd. in a straight line an approximate distance of 0.2 kilometres to the most easterly corner of Lot 1 in a deed to J.D. Irving Ltd. recorded Book 492 Page 76;


Thence southwesterly following the southeasterly bounds of said Lot I to the corner thereof an approximate distance of 1.0 kilometre;


Thence southwesterly crossing lands of J.D. Irving Ltd., in a straight line an approximate distance of 2.1 kilometres to a point on a small brook, said point being 560 metres measured in a straight line from the intersection of said small brook and the centerline of the Tyndal Road;


Thence westerly downstream along said small brook crossing said Irving lands, to the centerline of the Tyndal Road;


Thence in a straight line northwesterly and approximate distance of 0.6 kilometres, crossing the first parcel described in a deed to J.D. Irving Ltd. recorded in Book 222 at Page 135, to the most southerly corner of the 2nd Parcel described in a deed to J.D. Irving Ltd. recorded Book 200 Page 442, said corner being on "The Town Line";


Thence on a N.S. Grind Bearing of 301° 55' 54" a distance of 1253.418 metres along the southwesterly bounds of last mentioned Irving lands;


Thence 217° 42' 34" a distance of 212.26 metres along a blazed line marking the southeasterly bounds of Parcel 1 in a deed to J.D. Irving Ltd. recorded Book 200 Page 442 to a survey marker and squared cedar post;


Thence 302° 04' 57" a distance of 871.573 metres along the southwesterly bounds of said Parcel 1 to a survey marker and squared birch, and continuing in the same direction approximately 11.6 metres to the Ordinary High Water of Long Lake;


Thence northerly crossing Long Lake an approximate distance of 0.5 kilometres to the most easterly corner of lands of K. Lawrence Carter, being Crown corner C1237;


Thence northwesterly approximately 0.2 kilometres along the boundary between the said Carter and Crown land to the intersection with the easterly boundary of lands of the Chignecto Ship Railway Company Limited;


Thence northeasterly an approximate distance of 3.5 kilometres, said line crossing Crown lands, lands of Claude and Audrey Porter, Town of Amherst, George and Minerva Holton and Eldon Goodwin to a point on the southwesterly boundary of lands of Scott Worldwide Inc., said point being 1280 metres, measured along said boundary of the Ship Railway;


Thence southeasterly along said boundary of Scott Worldwide Inc. 1280 metres to the westerly bounds of lands of the Chignecto Ship Railway Company Limited;


Thence northeasterly an approximate distance of 1.1 kilometres along the westerly bounds of said Ship Railway to the extension northwesterly of the boundary between lands of Scott Worldwide Inc. and William Nicolle;


Thence southeasterly an approximate distance of 1.2 kilometres along said extension and continuing along said boundary to the most easterly corner of the Scott Worldwide Inc. property at Scott corner S2617;


Thence southwesterly along "The Town Line" an approximate distance of 50 metres or to the intersection with the blazed line marking the boundary between lands of J.D. Irving Ltd. and Samuel Beck;


Thence southeasterly an approximate distance of 0.2 kilometres along said blazed line to the westerly bounds of the Tyndal Road;


Thence in a straight line to the place of beginning.



Schedule “C” - Description Zone III

North Tyndal Protected Water Area

Exterior Boundary


Shown as the exterior boundaries of Zone III on a plan entitled “Sketch Showing the North Tyndal Protected Water Area, Zones I, II and III” prepared by Rayworth & Roberts Surveys Ltd., date August 19, 1992, attached hereto as Schedule “D”.


(Directions in the following are oriented to the N.S. Co-ordinate Grid, 3°MTM Zone 5 Central Meridian 64° 30' West Longitude.)


Beginning at the intersection of the northerly side of McLellan Brook and the centerline of Highway No. 366 (the Tyndal Road);


Thence north and west (downstream) along the said northerly side of said McLellan Brook to the intersection with the northerly bounds of the Nova Scotia Power Corporation Transmission Line right of way, said intersection being approximately 0.9 km, along said transmission line from the Tyndal Road;


Thence northwesterly along the said northerly bounds of said transmission line an approximate distance of 1.2 kilometres to its intersection with the baseline between the eastern and western halves of Lot 15, said baseline being a blazed property line bounded on the east by lands of J.D. Irving Ltd. described in deed recorded in Book 200 at Page 442 (Third and Fourth Parcels) and lands of J.D. Irving Ltd. described in Book 525 at Page 897;


Thence on a N.S. Grid Bearing of 37° 40' 16" an approximate distance of 0.4 kilometres along said baseline to a survey marker and squared cedar post at the most southerly corner of lands of J.D. Irving Ltd. described in a deed recorded in Book 222 at Page 135 (second described lot) and also described as Parcel 3 in Book 525 at Page 897;


Thence on a N.S. Grid Bearing of 295° 19' 19" following the division line between the last mentioned lands of J.D. Irving Ltd. and lands formerly of Max Gray (now J.D. Irving Ltd.) and the sideline of lands of Gary Goodine and continuing on the same bearing across the Warm Run to the northwesterly side of said Run an approximate distance of 1.2 kilometres;


Thence northerly upstream following the northwesterly side of the Warm Run and continuing along the northwesterly shore of Long Lake an approximate distance of 1.1 kilometres to the entrance of the Round Lake Run;


Thence northerly upstream, crossing the Chignecto Ship Railway and following the northwesterly side of the Round Lake Run an approximate distance of 1.5 kilometres to the northerly shore of Round Lake;


Thence north and east following the northerly shore of Round Lake an approximate distance of 1.6 kilometres to the northwesterly baseline (normally referred to as the Middle Road);


Thence northeasterly along the Middle Road baseline, crossing Crown land and following the northwesterly boundary of lands of Town of Amherst, George and Minerva Holton, Eldon Goodwin, Scott Worldwide Inc. and Bragg Lumber Co. Ltd. and approximate distance of 2.8 kilometres to the intersection of the Middle Road baseline and the division line between Lot 1 and Lot 3 described in the deed to Bragg Lumber Co. Ltd. recorded in Book 285 at Page 615;


Thence southeasterly along the said division line between Lot 1 and Lot 3 an approximate distance of 1.4 kilometres;


Thence northeasterly at right angles to the said division line (Lot 1 and 3) crossing said Lot 3 an approximate distance of 0.5 kilometres to the southerly bounds of lands of J.D. Irving Ltd. (deed recorded in Book 342 at Page 156);


Thence southeasterly along the division line between lands of J.D. Irving Ltd. (deed recorded Book 342 Page 156) and the said Lot 3 Bragg Lumber Co. Ltd. and continuing southeasterly across the Chignecto Ship Railway and following the division line between the said lands of J.D. Irving Ltd. (Book 342 Page 156) and other lands of J.D. Irving Ltd. (deed recorded Book 505 Page 352) a total distance of 2.1 kilometres to the northwesterly bounds of property of Samuel Beck (deed recorded Book 411 Page 336);


Thence in a straight line southeasterly an approximate distance of 0.2 kilometres crossing the said Samuel Beck property and the Tyndal Road to the intersection of the division line between lands of Dennis & Patricia Wells (deed recorded Book 435 Page 216) and property of Fred Clark (deed recorded Book 187 Page 53) and the southeast boundary of the Tyndal Road;


Thence southeasterly an approximate distance of 0.2 kilometres along said division line between the Wells and Clark properties to the most easterly corner of the said Wells property;


Thence southeasterly across the Fred Clark property an approximate distance of 0.6 kilometres to the northwesterly corner of a property of J.D. Irving Ltd. (being the 2nd described lot in deed recorded Book 492 Page 76);


Thence southeasterly an approximate distance of 0.7 kilometres along the division line between the said J.D. Irving Ltd. property (Book 492 Page 76/2nd Lot) and other lands of J.D. Irving Ltd. being the first and second lots described in a deed recorded in Book 187 Page 631 to the intersection with the northerly bounds of Lot 8 in a deed to J.D. Irving Ltd. recorded in Book 182 at Page 621;


Thence easterly an approximate distance of 0.1 kilometre[s] along the southerly boundary of J.D. Irving Ltd. property (Book 492 Page 76/2nd Lot) to the most easterly corner of said Lot 8;


Thence southwesterly an approximate distance of 0.9 kilometres along the southeasterly bounds of said Lot 8 lands of J.D. Irving Ltd. to its intersection with the westerly side of Paradise Brook;


Thence southerly upstream along the westerly side of the main Paradise Brook to its intersection with the centerline of the Irving Access Road G5 at the Paradise Brook Bridge;


Thence southwesterly an approximate distance of 0.3 kilometres along the centerline of Access G5 to a bend in the road;


Thence northwesterly along the centerline of said Access G5 and approximate distance of 0.1 kilometres;


Thence southwesterly along the centerline of Irving Access Road G5C and the prolongation thereof an approximate distance of 1.8 kilometres to the northerly side of McLellan Brook, said point being approximately 2.2 kilometres (measured in a straight line) from the intersection of McLellan Brook and the Tyndal Road;


Thence northerly and westerly (downstream) along the north side of McLellan Brook to the place of beginning.



[Schedule “D” - “Sketch Showing The North Tyndal Protected Water Area Zones I, II & III” may be viewed at the Registry of Regulations.]