THE CONSERVATION AUTHORITIES ACT

The Mining and Lands Commissioner

IN THE MATTER OF

An application for permission to place fill in the valley of the East Branch of the Little Cataraqui Creek in Lot 16 in the 2nd Concession in the city of Kingston in the County of Frontenac.

BETWEEN:

JOHN L. SMITH

Appellant

- and -

CATARAQUI REGION CONSERVATION AUTHORITY

Respondent

WHEREAS the appellant applied to the respondent for permission under section 4 of Regulation 109 of Revised Regulations of Ontario, 197q to place fill on Lot 16 in Concession II in the City of Kingston being part of the land described in the Schedule to Regulation 109, and the respondent refused to grant the permission;

AND WHEREAS the appellant, pursuant to subsection 2(c) of section 27 of The Conservation Authorities Act, appealed to the Minister of Natural Resources;

AND WHEREAS by Ontario Regulation 473/74 the power and duty of the Minister of Natural Resources to hear the appeal was assigned to the Mining and Lands Commissioner;

AND WHEREAS a hearing was held in the City of Kingston on the 4th day of December, 1974 before the Mining and Lands Commissioner at which the appellant was represented by Bogart W. Trumpour Q.C. and the respondent was represented by Henry L. Cartwright, and it appeared at the hearing that with modifications the proposed filling might be permitted in accordance with presently accepted standards;

AND WHEREAS officials of the respondent have prepared a plan of the lands of the appellant illustrating a method of excavating and filling the lands of the appellant in accordance with the principle known as the stage storage principle and have delivered a copy of the plan to the appellant as a proposed settlement of the matter;

AND WHEREAS counsel for the appellant has advised that the proposed settlement is satisfactory to the appellant and has been accepted by the appellant and has applied for an order confirming the settlement as agreed upon by the parties;

NOW THEREFORE I DO HEREBY ORDER that the appellant be and is hereby granted permission under section 4 of Ontario Regulation 109 of Revised Regulations of Ontario, 1970 to place fill on the parts of lots 14 and 15 in Concession II in the Township of Kingston and the parts of lots 15 and 16 in Concession II of the City of Kingston, in the County of Frontenac more particularly described in Schedule A hereto, provided that in placing fill thereon the principle known as the stage storage principle is complied with and in complying with the principle, excavation shall be made in the areas shown coloured red on the plan of survey dated the 10th day of December, 1975 by Humphries and Burgham, Ontario Land Surveyors and referred to in Schedule A hereto.

AND I DO FURTHER ORDER that there shall be no costs payable by either of the parties hereto.

DATED at Toronto this 24th day of December 1975.

Original signed by

G. H. Ferguson

MINING AND LANDS COMMISSIONER


SCHEDULE A

ALL AND SINGULAR that certain parcel or tract of land and premises situate lying and being in the Province of Ontario and in the city of Kingston and in the Township of Kingston comprising an area of 46.511 acres more or less, and being composed of parts of lots 14 and 15 in Concession II in the Township of Kingston and parts of lots 15 and 16 in Concession II in the city of Kingston which said parcel or tract of land may be more particularly described as follows:-

PREMISING that the bearings mentioned herein are astronomic derived from Plan No. 1347 and referred to the meridian through the northwesterly angle of Lot 6 in Concession VII in the Township of Kingston (Western Addition) at longitude 76 39′ west;

COMMENCING at the intersection of the southeasterly limit of the Canadian National Railway right of way with the southwesterly limit of Princess Street as widened by Highway Plan No. P-1639-38 registered as Plan No. 1347 and being the northwesterly angle of Part 4 according to said Plan;

THENCE south 51 58′ 30" west along the southeasterly limit of said Canadian National Railway right of way a distance of 2318.5 feet to an iron survey post;

THENCE south 2 40′ 30" east a distance of 760.15 feet;

THENCE north 51 58′ 30" east a distance of 439.80 feet;

THENCE northeasterly on a curve to the right of radius 1000.00 feet an arc distance of 360.12 feet having an equivalent chord measurement of 358.18 feet on a bearing of north 62 17′ 30'" east;

THENCE northeasterly on a curve to the left of radius 982.00 feet an arc distance of 707.27 feet having an equivalent chord measurement of 692.09 feet on a bearing of north 51 58′ 30" east;

THENCE northeasterly on a curve! to the right of radius 1000.00 feet an arc distance of 360.12 feet having an equivalent chord measurement of 358.18 feet on a bearing of north 41 39′ 30" east;

THENCE north 51 58′ 30" east a distance of 280.00 feet;

THENCE easterly on a curve to the right of radius 300.00 feet-an arc distance of 392.87 feet having an equivalent chord measurement. of 365.40 feet on a bearing of north 89 29′ 30" east;

THENCE south 52 59′ 30" east a distance of 252.16 feet;

THENGE easterly on a curve to the left of radius 300.00 feet an arc distance of 484.29 feet having an equivalent chord measurement of 433.39 feet on a bearing of north 80 45′ 45" east;

THENCE north 34 31′ east a distance of 187.14 feet to the southwesterly limit of Princess Street as widened by Plan No. 1347;

THENCE north 52 59′ 30" west along the southwesterly limit of Part 1 according to Plan No. 1347 a distance of 926.39 feet;

THENCE north 43 24′ 30" west continuing along said limit of Part 1 a distance of 33.02 feet to an iron survey post;

THENCE south 79 40′ west along the limit on Plan No. 176 a distance of 59.74 feet to an iron survey post;

THENCE north 36 24′ west continuing along the limit of Plan No. 176 a distance of 223.12 feet to an iron survey post;

THENCE north 43 24′ 30" east a distance of 22.85 feet to an iron survey post marking the most southerly angle of Part 4 according to Plan No. 1347;

THENCE north 43 24′ 30" west along the southwesterly limit of said Part 4, a distance of 56.91 feet more or less to the point of commencement;

THE herein described parcel of land is shown outlined in a heavy border on a plan by Humphries & Burgham, Ontario Land Surveyors, dated the l0th December 1975, and numbered for reference purposes as No. 22719 a copy of which plan is on file in ,the office of the Mining and Lands Commissioner at Toronto.