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Acts and Regulations

2001-83 - Watershed Protected Area Designation

Table of contents

Regulation number	Title
C-6.1	Clean Water Act

Full text

NEW BRUNSWICK

REGULATION 2001-83

under the

Clean Water Act

(O.C. 2001-488)

Filed October 23, 2001

Under subsection 14(1) of the Clean Water Act, the Minister, with the approval of the Lieutenant-Governor in Council, makes the following Designation Order:

This Order may be cited as the Watershed Protected Area Designation Order - Clean Water Act.

The following watersheds or portions of watersheds, being watersheds or portions of watersheds that are used as sources of water for public water supply systems, are designated as protected areas:

(a) each watercourse or portion of a watercourse shown as a Protected Area A on the plans attached as Schedules A-1 to A-30;

(b) any portion of a watershed shown as a Protected Area B on the plans attached as Schedules A-1 to A-30, being the portion of the watershed within seventy-five metres of the banks of each watercourse or portion of a watercourse shown as a Protected Area A on those plans; and

The requirements set out in the attached Schedule B for a Protected Area A, a Protected Area B or a Protected Area C, as the case may be, are imposed in relation to each Protected Area A, Protected Area B or Protected Area C, as the case may be, as shown on the plans attached as Schedules A-1 to A-30.

This Order comes into force on November 1, 2001.

Schedule A

Index of Plans of Protected Areas

Schedule	Protected Area

Schedule A-1	Zépherin Brook Watershed – Haut-Madawaska (Baker-Brook)

Schedule A-2	Watershed of an unnamed tributary of the Saint John River - Village of Bath

Schedule A-3	Carters Brook Watershed - City of Bathurst

Schedule A-4	Middle River Watershed - City of Bathurst

Schedule A-5	Prichard Lake - Smith Lake Watershed - City of Campbellton

Schedule A-6	Thompson Brook Watershed – Haut-Madawaska (Clair)

Schedule A-7	Charlo River Watershed - Town of Dalhousie

Schedule A-8	Blanchette Brook Watershed - Edmundston

Schedule A-9	Iroquois River Watershed - Edmundston

Schedule A-10	Eel River Watershed - Village of Eel River Crossing

Schedule A-11	Turtle Creek Watershed - Moncton

Schedule A-12	McLaughlin Road Reservoir Watershed - Moncton

Schedule A-13	Huds Brook Watershed - Village of Perth-Andover

Schedule A-14	Nigadoo River Watershed - Petit-Rocher

Schedule A-15	Trois-Milles Brook Watershed - Edmundston

Schedule A-16	Arabian Vault Brook Watershed - Village of Riverside-Albert

Schedule A-17	Green River Watershed - Village of Rivière-Verte

Schedule A-18	Carpenter Pond Watershed - Rothesay

Schedule A-19	Ogden Mill Brook Watershed - Town of Sackville

Schedule A-20	Watershed of an unnamed tributary to Smyth Brook - Edmundston

Schedule A-22	Félix-Martin Brook Watershed – Haut-Madawaska (St. Hilaire)

Schedule A-23	Rivière à la Truite Watershed - Edmundston

Schedule A-24	Watershed of an unnamed tributary to the Madawaska River - Edmundston

Schedule A-25	Loch Lomond Watershed - The City of Saint John

Schedule A-26	East and West Musquash Watershed - The City of Saint John

Schedule A-27	Spruce Lake Watershed - The City of Saint John

Schedule A-28	Five Finger Brook Watershed - Saint-Quentin

Schedule A-29	Chamcook Lake Watershed - Town of Saint Andrews

Schedule A-30	Dennis Stream Watershed - The Town of St. Stephen

2009-115; 2010-156; 2013-2; 2018-33

2018-33

2010-156; 2018-33

2017-15

SCHEDULE A-21

Repealed: 2013-2

2013-2

2018-33

Schedule B

Outline of Schedule B

Definitions..............1

Act — Loi

addition — ajout

agricultural activity — activité agricole

aquaculture operation — exploitation aquacole

bank — rive

clear cut — couper à blanc

clearcut — coupe à blanc

dwelling — habitation

dwelling unit — logement

existing — existant

fuel — carburant

green manuring — application d’engrais verts

landscaping — aménagement de paysage

mineral extraction — extraction de minéraux

multiple-family dwelling — habitation multifamiliale

new — nouveau

parcel — parcelle

permitted watercourse crossing — passage permis de cours d’eau

protected area — secteur protégé

Protected Area A — secteur protégé A

Protected Area B — secteur protégé B

Protected Area C — secteur protégé C

public beach — plage publique

public boat launching area — zone publique de mise à l’eau

de bateaux

public water supply system — installation d’approvisionnement

public en eau

recreational activity — activité de loisir et de sport

renovate — rénover

residential — résidentiel

riprap — perré

road — chemin

selection cut — faire une coupe de jardinage

single-family dwelling — habitation unifamiliale

surface mineral exploration — exploration minière à ciel ouvert

underground mineral exploration — exploration minière

souterraine

useable floor area — surface de plancher utilisable

General prohibition..............2

Public water supply systems..............3

General conditions..............4

Activities, things and uses permitted in a Protected Area A..............5

Activities, things and uses permitted in a Protected Area B..............6

Activities, things and uses permitted in a Protected Area C..............7

Repeal..............8

Definitions

1In this Schedule

“Act” means the Clean Water Act;(Loi)

“addition” means, when used with reference to a dwelling, the addition to the dwelling of an attached part that results in an increase to the useable floor area; (ajout)

“agricultural activity” means an activity in which land is used for producing crops or raising livestock and includes the operation of a plant nursery, greenhouse, riding school, riding stable, commercial dog kennel or sod farm but does not include a zoo, or the production of crops or raising of livestock in a laboratory for experimental purposes;(activité agricole)

“aquaculture operation” means the cultivation of aquatic plants and the raising of aquatic animals, but does not include such cultivation or raising in a laboratory for experimental purposes or in an aquarium;(exploitation aquacole)

“bank” , when used with reference to a watercourse, means the normal high water mark of the watercourse;(rive)

“clear cut” means to harvest 80 per cent or more of the merchantable trees in an area of forest land;(couper à blanc)

“clearcut” means an area of land on which the merchantable trees have previously been clear cut, and on which the regenerating forest has not yet reached an average height of 2 metres;(coupe à blanc)

“dwelling” means all of a building that contains one or more dwelling units;(habitation)

“dwelling unit” means a room, or a suite of 2 or more rooms, that is designed or intended for use by an individual or family, in which culinary facilities are provided and for which sanitary conveniences are provided, for the use primarily of the individual or family;(logement)

“existing” means, when used with reference to land or a building, structure or object in a protected area, in existence when the Order to which this Schedule is attached begins to apply to that protected area, and means, when used with reference to an activity or use in a protected area, being conducted when the Order to which this Schedule is attached begins to apply to that protected area;(existant)

“fuel” means a petroleum product that is made up of aliphatic or aromatic compounds;(carburant)

“green manuring” means the incorporation into the soil of plant material, other than a primary crop, while it is green or soon after its maturity, for the purpose of improving the soil;(application d’engrais verts)

“landscaping” means the alteration of existing ground conditions together with the construction of ground features and includes the construction of minor structures, but does not include the construction of garages, swimming pools, ponds or other major structures;(aménagement de paysage)

“mineral extraction” means the extraction of any natural and solid, inorganic or fossilized organic substance, but does not include the extraction of(extraction de minéraux)

(a) sand, gravel, clay or soil, unless it is to be used for its chemical or special physical properties, or both, or unless it is to be used for its contained minerals,

(b) ordinary stone to be used for building or construction, and

(c) minerals from above, on or under the ground and their exploitation, resulting in the production of spoils, tailings or solid wastes after the processing of ore;

“multiple-family dwelling” means a dwelling containing more than one dwelling unit;(habitation multifamiliale)

“new” means, in relation to anything within a protected area, coming into existence or beginning after the Order to which this Schedule is attached begins to apply to that protected area;(nouveau)

“parcel” means a parcel of land to which Service New Brunswick has assigned one parcel identifier;(parcelle)

“permitted watercourse crossing” means a watercourse crossing that is permitted under and is in accordance with the Watercourse Alteration Regulation - Clean Water Act;(passage permis de cours d’eau)

“protected area” means a Protected Area A, a Protected Area B or a Protected Area C;(secteur protégé)

“Protected Area A” means all or a portion of a watercourse shown as a Protected Area A on a plan attached with this Schedule and includes all the area between the banks of the watercourse or portion and all of the water in the watercourse or portion;(secteur protégé A)

“Protected Area B” means the portion of a watershed shown as a Protected Area B on a plan attached with this Schedule, being the area within seventy-five metres of the banks of each watercourse or portion of a watercourse shown as a Protected Area A on the plan;(secteur protégé B)

“Protected Area C” means an area shown as a Protected Area C on a plan attached with this Schedule;(secteur protégé C)

“public beach” means public or private land to which the general public has access for the purpose of swimming;(plage publique)

“public boat launching area” means public or private land to which the general public has access for the purpose of launching boats;(zone publique de mise à l’eau de bateaux)

“public water supply system” means a public water supply system as defined in the Wellfield Protected Area Designation Order - Clean Water Act;(installation d’approvisionnement public en eau)

“recreational activity” means an activity in which land, water or a building or structure is used for the purpose of play or the refreshment of mind or body;(activité de loisir et de sport)

“renovate” , with reference to a building, means to restore to good condition or to repair;(rénover)

“residential” , with reference to land or a building, means used primarily as a residence;(résidentiel)

“riprap” means clean, inorganic, non-ore-bearing, non-toxic, angular, durable, quarried or field rocks that have been obtained from a source other than a watercourse and at least 60 per cent of which have a volume of at least .03 cubic metre;(perré)

“road” means the entire width between the boundary lines of every highway, street, road, lane or alley when any part of them is used for the passage or parking of vehicles, and includes the bridges on a road and overpasses and underpasses;(chemin)

“selection cut” means to cut trees so that(faire une coupe de jardinage)

(a) a well-distributed stand of trees and other vegetation is maintained,

(b) the trees cut are limited to 10 centimetres or more in diameter at 1.36 metres above ground level, and

“single-family dwelling” means a dwelling containing only one dwelling unit;(habitation unifamiliale)

“surface mineral exploration” means, when undertaken on or above the surface of the earth, the following:(exploration minière à ciel ouvert)

(a) establishing grid lines;

(b) general prospecting;

(d) boundary or control surveys and topographic mapping;

“underground mineral exploration” means, when undertaken below the surface of the earth, the following:(exploration minière souterraine)

(a) establishing grid lines;

(b) general prospecting;

(d) boundary or control surveys and topographic mapping;

(e) drilling where core or cuttings are taken and logged or analyzed;

(f) trenching where the ore body is exposed but no bulk sample is taken;

(g) geophysical logging of drill holes;

(h) logging of drill core or cuttings; and

(i) hydrogeologic exploration for ground water evaluation;

“useable floor area” means the floor area within a dwelling that is being or can be used for human inhabitation, including but not limited to living rooms, dining rooms, family rooms, recreation rooms, bedrooms, kitchens, hallways, closets, bathrooms, washrooms, offices, basements, porches and stairways, but not including crawlspaces, decks and garages.(surface de plancher utilisable)

General prohibition

2(1)Any activity, thing or use that is not permitted under this Schedule in a Protected Area A is prohibited in the Protected Area A.

2(2)Any activity, thing or use that is not permitted under this Schedule in a Protected Area B is prohibited in the Protected Area B.

2(3)Every activity, thing or use that is permitted under this Schedule in a Protected Area B is permitted in a Protected Area C.

2(4)Any activity, thing or use that is not permitted under this Schedule in a Protected Area C is prohibited in the Protected Area C.

2(5)A condition that applies under this Schedule to an activity, thing or use in a Protected Area B applies to that activity, thing or use in a Protected Area C, unless that activity, thing or use is permitted in a Protected Area C under section 7, in which case any conditions established in section 7 apply to the activity, thing or use in the Protected Area C.

Public water supply systems

3A person may maintain, develop or expand a public water supply system in a Protected Area A, a Protected Area B or a Protected Area C if the person obtains and maintains all authorization required under this or any other legislation and exercises care and concern for the watershed water quality.

General conditions

4(1)Notwithstanding any other provision of this Schedule, every activity, thing or use permitted under this Schedule is permitted subject to the conditions that it

(a) shall not cause the release of any contaminant into any watercourse, and

(b) is in conformity with all applicable federal, provincial and local government statutes, regulations, orders and by-laws.

4(2)If a provision of an order or another regulation made under the Act applies to an activity, thing or use to which a provision of this Schedule applies,

(a) the activity, thing or use shall be in conformity with both provisions, and

(b) where a conflict exists between the provisions, the provision or portions of a provision that impose or establish the more stringent or restrictive prohibition, control, requirement, limitation, allocation, term, condition or standard shall prevail.

4(3)If an activity, thing or use is prohibited in, on or under any air, any area of land or any water by a provision of this Schedule, but is permitted in any manner by a provision of an order or another regulation made under the Act in relation to the same air, area of land or water, the provision of this Schedule shall prevail.

2017, c.20, s.28

Activities, things and uses permitted in a Protected Area A

5(1)Subject to the other provisions of this Schedule, a person may do any or any combination of the following in any Protected Area A:

(a) use a permitted watercourse crossing, if no ford is constructed or used to cross the watercourse;

(b) undertake boating and fishing, if any watercraft used is non-motorized;

(c) undertake boating and fishing with motorized watercraft, and swim at public beaches, subject to the following conditions:

(i) boating and fishing with motorized watercraft, and swimming at public beaches, shall be permitted only on and in the water of

(A) the portions of the Protected Area A in the Loch Lomond Watershed that are outside the limits of The City of Saint John, as shown on the plan attached with this Schedule as Schedule A-25,

(B) the watercourses in the Chamcook Lake Watershed, as shown on the plan attached with this Schedule as Schedule A-29, excluding the water located within a radius of 500 metres from the intake of a public water supply system,

(C) the watercourses in the East and West Musquash Watershed, as shown on the plan attached with this Schedule as Schedule A-26, and

(D) Moores Mills Lake, as shown on the plan attached with this schedule as Schedule A-30;

(ii) no watercraft having an engine that is lubricated by mixing or blending oil with a fuel shall be operated;

(iii) no watercraft with inboard toilet facilities shall be operated;

(iv) all fuel tanks in or on watercraft shall be firmly attached to the watercraft and shall be sealed so as to prevent leakage should the watercraft overturn;

(v) no watercraft shall carry a total of more than 25 litres of fuel in a tank or tanks that are not built into the watercraft; and

(vi) no engine on or in watercraft shall have a total capacity of 10 horsepower or greater;

(d) undertake surveying and sign posting; and

(e) carry out law enforcement and emergency responses for the purposes of protecting public safety, public health, the general welfare of the public and natural resources.

5(2)The conditions established in paragraph (1)(c) in relation to boating and fishing with motorized watercraft are imposed in order to prevent contamination of the water in any Protected Area A and erosion of shorelines resulting from excessive wake action.

Activities, things and uses permitted in a Protected Area B

6Subject to the other provisions of this Schedule, a person may do any or any combination of the following in any Protected Area B:

(a) use, maintain, renovate or make additions to existing single-family and multiple-family dwellings, subject to the following conditions:

(i) no existing single-family dwelling shall be converted to a multiple-family dwelling;

(ii) no existing multiple-family dwelling shall be converted so that the number of dwelling units in the dwelling is increased;

(iii) no existing dwelling unit having a useable floor area of 185 square metres or less shall be renovated or expanded so that the useable floor area exceeds the lesser of

(A) 185 square metres, and

(B) 150 per cent of the useable floor area of the dwelling unit before the renovation or expansion began;

(iv) the useable floor area of an existing dwelling having a useable floor area of more than 185 square metres shall not be increased, and the dimensions of the dwelling shall not be increased;

(v) plans for any renovation or expansion of a dwelling shall be submitted to the Minister before the renovation or expansion begins, so that the Minister may ensure that the plans are in compliance with the provisions of this Schedule; and

(vi) measures shall be taken to prevent the discharge or loss of sediments into any watercourse by

(A) installing a sediment control device between any construction site and all watercourses before any construction begins,

(B) if it is not practicable to store any fill material at least 75 metres from the banks of the nearest watercourse, storing it as far from those banks as is practicable, and

(b) rebuild a single-family or multiple-family dwelling that has been damaged or destroyed, if it is rebuilt no closer to any watercourse than the original dwelling and if the conditions set out in subparagraphs (a)(iii) to (vi), with the necessary modifications, are met;

(i) maintain or upgrade the existing septic system,

(ii) carry out routine residential property maintenance, and

(iii) carry out additional landscaping, if the landscaping is at least 5 metres from the banks of all watercourses and if no trees are cut within 15 metres from the banks of all watercourses;

(d) remove dead and blown down trees within 15 metres of the banks of a watercourse, on and only on parcels containing an existing single-family or existing multiple-family dwelling;

(e) carry out tree planting activities within 1 kilometre upstream of the intake of a public water supply system, between 30 and 75 metres from the banks of a watercourse;

(f) carry out tree planting activities at a distance greater than 1 kilometre upstream of the intake of a public water supply system, between 15 and 75 metres from the banks of a watercourse;

(g) selection cut by mechanical or non-mechanical means within 1 kilometre upstream of the intake of a public water supply system, between 30 and 75 metres from the banks of a watercourse, subject to the following conditions:

(i) no more than 30 per cent of the stems and no more than 30 per cent of the volume of trees on any one parcel within a Protected Area B shall be cut;

(ii) the selection cutting on the parcel shall be done not more often than once in every 5 years;

(iii) the selection cutting shall be done only between November 1 and the next following March 31, inclusive, in a Protected Area B north of 46 degrees north latitude, except in any Protected Area B shown on the plans attached with this Schedule as Schedules A-2 and A-13; and

(iv) the selection cutting shall be done only between January 1 and the next following March 31, inclusive, in a Protected Area B at or south of 46 degrees north latitude, and in any Protected Area B shown on the plans attached with this Schedule as Schedules A-2 and A-13;

(h) selection cut by mechanical or non-mechanical means at a distance greater than 1 kilometre upstream of the intake of a public water supply system, between 15 and 75 metres from a watercourse, subject to the following conditions:

(i) no more than 30 per cent of the stems and no more than 30 per cent of the volume of trees on any one parcel within the Protected Area B shall be cut, not more often than once in every 5 years, or the trees shall be cut in accordance with a forest management plan prepared by a Registered Professional Forester as defined in the New Brunswick Foresters Act, 2001;

(ii) the selection cutting shall be done only between November 1 and the next following March 31, inclusive, in a Protected Area B north of 46 degrees north latitude, except in any Protected Area B shown on the plans attached with this Schedule as Schedules A-2 and A-13; and

(iii) the selection cutting shall be done only between January 1 and the next following March 31, inclusive, in a Protected Area B at or south of 46 degrees north latitude, and in any Protected Area B shown on the plans attached with this Schedule as Schedules A-2 and A-13;

(i) carry out existing agricultural activities within 1 kilometre upstream of the intake of a public water supply system, between 30 and 75 metres from the banks of any protected area A, subject to the following conditions:

(i) plowing or tilling shall be contoured across any slope;

(ii) no plowing or tilling shall be done on slopes greater than 5 horizontal to 1 vertical;

(iii) no surface runoff from any field shall flow directly into any watercourse;

(iv) no fertilizing, other than inorganic fertilizing and green manuring, shall be conducted; and

(v) fields used for livestock grazing shall have a suitable fence constructed so that the livestock cannot gain access to the area within 30 metres from the banks of any Protected Area A;

(j) carry out existing agricultural activities at a distance greater than 1 kilometre upstream of the intake of a public water supply system, between 15 and 75 metres from the banks of any Protected Area A, subject to the following conditions:

(i) the requirements of subparagraphs (i)(i) to (iv) shall be met; and

(ii) fields used for livestock grazing shall have a suitable fence constructed so that the livestock cannot gain access to the area within 15 metres from the banks of any Protected Area A;

(k) notwithstanding paragraph (j), carry out hay removal at a distance greater than 1 kilometre upstream of the intake of a public water supply system, no closer than 5 metres from the banks of any Protected Area A;

(l) apply pesticides within 1 kilometre upstream of the intake of a public water supply system, between 30 and 75 metres from the banks of any Protected Area A, if all persons spraying the pesticides hold the appropriate certificate, permit or both, as required under the Pesticides Control Act;

(m) apply pesticides at a distance greater than 1 kilometre upstream of the intake of a public water supply system, between 15 and 75 metres from the banks of any Protected Area A, if all persons spraying the pesticides hold the appropriate certificate, permit or both, as required under the Pesticides Control Act;

(n) construct roads at permitted watercourse crossings, subject to the following conditions:

(i) off-take ditches shall be constructed to help prevent the direct discharge of sediment into any watercourse;

(ii) off-take ditches or water diversion bars shall be constructed along the ditch of the road at intervals not exceeding the result determined by dividing 500 metres by the road grade expressed as a per cent;

(iii) for every hectare of exposed construction area, sediment basins or traps having a total storage volume of at least 190 cubic metres shall be constructed to intercept overland flow;

(iv) sediment basins or traps shall be maintained in the ditches until grading and stabilization of the entire construction site is completed;

(v) immediately upon exposure, all exposed material on the shoreline of the watercourse shall be stabilized by means of vegetation or riprap in order to reduce siltation of any watercourse;

(vi) with the exception of logging roads and residential driveways to single-family dwellings, all road surfaces shall have a shoulder to shoulder width of at least 5.5 metres;

(vii) residential driveways to single-family dwellings shall have a shoulder to shoulder width of at least 3.5 metres;

(viii) the roadbed of all roads, except logging roads, shall be surfaced with clean, well-drained asphalt, chip-seal or coarse granular material;

(ix) water diversion bars shall be installed across all unused roads, extending at least 300 millimetres above the road surface and 300 millimetres below the road surface and placed, on a

(A) 1 per cent but not greater than 2 per cent slope, every 75 metres,

(B) greater than 2 per cent but not greater than 5 per cent slope, every 50 metres,

(D) greater than 10 per cent but not greater than 15 per cent slope, every 20 metres, and

(E) greater than 15 per cent slope, every 15 metres;

(x) borrow pits and topsoil disposal piles shall not be located within the Protected Area B;

(xi) all rights-of-way and landing areas shall be pre-cut and no standing trees shall be bulldozed;

(xii) the ground within 75 metres of permitted watercourse crossings shall not be disturbed until the start of bridge or culvert installation, and equipment activity near any Protected Area A shall be kept to a minimum;

(xiii) hillside cuts shall be kept to a minimum on slopes containing loose material and, in unstable areas, hillside cuts shall not have slopes exceeding 2 horizontal to 1 vertical;

(xiv) unstable areas shall be filled with gravel, rock or other suitable material to prevent erosion;

(xv) ditch run-outs shall be constructed so that flow will be effectively dissipated and will not cause the road or the adjoining area to erode;

(xvi) ditches shall be constructed so as not to empty directly into a watercourse;

(xvii) roadbed culverts shall be installed at elevations and slopes that prevent ponding of water or erosion;

(xviii) if pipe is required for a particular drainage area, its width shall be, at its widest cross-section, at least

(A) 750 millimetres, if the drainage area is not greater than 50 hectares,

(B) 900 millimetres, if the drainage area is greater than 50 hectares but not greater than 80 hectares,

(D) 1200 millimetres, if the drainage area is greater than 100 hectares but not greater than 170 hectares,

(E) 1400 millimetres, if the drainage area is greater than 170 hectares but not greater than 240 hectares,

(F) 1600 millimetres, if the drainage area is greater than 240 hectares but not greater than 350 hectares,

(G) 1800 millimetres, if the drainage area is greater than 350 hectares but not greater than 475 hectares, and

(H) 2000 millimetres, if the drainage area is greater than 475 hectares but not greater than 600 hectares;

(xix) if a drainage area is greater than 600 hectares, it shall be drained by means of a pipe having a discharge capacity at least equivalent to a 1 in 100 year flood flow;

(xx) all debris and excavated material shall be removed from all watercourses in the area of the construction and adjacent areas and disposed of, or placed in a manner such that it cannot be returned to the watercourse;

(xxi) all necessary precautions shall be taken to prevent the release of any contaminant;

(xxii) the slope of every culvert structure shall be 0.5 per cent or less or, where the stream gradient makes such a slope impracticable, pipe arches, interior baffling or stilling basins shall be used to maintain adequate depth of flow and velocity for fish passage;

(xxiii) the invert of every culvert structure shall be set at least 150 millimetres below the original channel bottom level, except in multiple culvert installation;

(xxiv) a maximum of 2 culverts may be installed in a natural stream channel;

(xxv) if 2 culverts are installed, they shall be placed a distance of one-half the diameter or span apart, or 1 metre, whichever is greater, and the bottom of one culvert shall be set at least 150 millimetres below the original channel bottom level, with the second culvert set at an elevation equal to that of the original stream bed;

(xxvi) riprap shall be placed at both ends of culverts no more than one-half a pipe diameter, or 0.5 metre, whichever is the lesser, above the top of the pipe and at least one pipe diameter to each side; and

(xxvii) the final grade of road crossings shall be at least one-half pipe diameter higher than the top of the culvert;

(o) install and operate an electrical pumping station, subject to the following conditions:

(i) the pumping station shall be equipped with a device to prevent backflow that is approved by the Canadian Standards Association;

(ii) the intake pipes shall be located at least 100 metres downstream or 500 metres upstream of the nearest intake of a public water supply system and shall not disturb the bed or shoreline of any Protected Area A;

(iii) the intake pipes shall be screened at the inlet;

(iv) an open area of at least 0.19 square metres of screen shall be provided for each 0.028 cubic metres per second of water being withdrawn;

(v) the screen shall have no openings larger than 57 square millimetres; and

(vi) the maximum water withdrawal rate from any Protected Area A shall permit a maintenance flow of not less than 25 per cent of the mean monthly flow to be maintained in the watercourse at all times;

(p) install and operate gasoline or diesel powered pumps between 30 and 75 metres from the banks of any Protected Area A, if they are installed and operated in accordance with the requirements set out in paragraph (o);

(q) construct and operate substations, terminal stations and any part of a transmission line at permitted watercourse crossings;

(r) undertake surface mineral exploration, other than surface exploration for uranium;

(s) undertake underground mineral exploration or mineral extraction, other than underground exploration for or extraction of uranium, if it can be shown that it is at a sufficient depth not to have a negative effect on a Protected Area A;

(t) construct and operate the intake structure and conveyance works associated with an aquaculture operation, if the proper authorization required under any Act or any other legislation, or a regulation, order or by-law made under any of them, is obtained and care and concern for watershed water quality is exercised;

(u) undertake a sugar bush operation, if no mechanical equipment is operated, and no sap processing is conducted, within 30 metres of any Protected Area A;

(v) operate a motor vehicle on an existing provincial highway;

(w) undertake wild crop harvesting, including by mechanical means if and only if they are not motorized, and undertake fishing, hiking, hunting, wildlife study, trapping, canoe portaging, cross-country skiing, snowshoeing and other similar recreational activities;

(x) drive motorized recreational vehicles at permitted watercourse crossings;

(y) subject to paragraph 5(1)(c), use existing public boat launching areas;

(z) subject to paragraph 5(1)(c), use existing public beaches;

(aa) conduct activities to protect the shoreline of watercourses, subject to the requirements of the Watercourse Alteration Regulation - Clean Water Act;

(bb) undertake surveying and sign posting; and

(cc) carry out law enforcement and emergency responses for the purposes of protecting public safety, public health, the general welfare of the public and natural resources.

2008-136

Activities, things and uses permitted in a Protected Area C

7Subject to the other provisions of this Schedule, in addition to the activities, things and uses permitted in a Protected Area B, a person may do any or any combination of the following in any Protected Area C:

(a) construct, use, maintain, renovate, make additions to or rebuild a single-family or multiple-family dwelling and any accessory buildings and structures;

(b) carry out tree planting activities;

(i) clearcuts shall not exceed 25 hectares in area;

(ii) subject to subparagraph (iv), clearcuts shall be separated by an unharvested buffer strip of at least 100 metres in width, except for clearcuts located adjacent to a property line between parcels having different owners, in which case clearcuts shall be separated by an unharvested buffer strip at least 50 metres wide on each side of the property line;

(iii) buffer strips required under subparagraph (ii) shall not be cut for at least 10 years after cutting of the adjacent clearcuts, or until 100 per cent of the regenerating forest in those adjacent clearcuts reaches an average height of 2 metres, whichever occurs first;

(iv) no clear cutting shall be carried out in an area adjacent to an existing clearcut if there is no buffer strip conforming to subparagraph (ii) between the existing clearcut and the adjacent area, for at least 10 years after cutting of the existing clearcut, or until 100 per cent of the regenerating forest in the existing clearcut reaches an average height of 2 metres, whichever occurs first;

(v) parcels with an area greater than 10 hectares shall not have more than 25 per cent of that portion of the parcel located within the Protected Area C as a clearcut at any time, and the remaining area within that portion of the parcel shall not be clear cut for at least 10 years, or until 100 per cent of the regenerating forest reaches an average height of 2 metres, whichever occurs first;

(vi) bulldozing operations shall not expose mineral soil on more than 5 per cent of any given parcel within the Protected Area C, including all roads and landing areas;

(vii) logging yards and landing areas used for temporarily storing timber shall not create runoff that causes suspended solids concentrations in the water in any watercourse to exceed 25 milligrams per litre above the background; and

(viii) scarification of the forest floor shall not create runoff that causes suspended solids concentrations in the water in any watercourse to exceed 25 milligrams per litre above the background;

(d) carry out existing agricultural activities, subject to the following conditions:

(i) runoff and subsurface drainage from fields shall be controlled so that concentrations of suspended solids in the water in any watercourse do not exceed 25 milligrams per litre above the background concentrations;

(ii) no agricultural land being used to grow crops that are not row crops on the commencement of the Order to which this Schedule is attached shall be converted to the growing of row crops, and any field being used to grow row crops on the commencement of the Order to which this Schedule is attached shall have a grassed strip that is at least 5 metres wide

(A) along the down-slope side of the field, and

(B) adjacent to any watercourse, including any farm ditch;

(iii) agricultural land at all times shall be planted with a crop or shall be covered with material that prevents erosion;

(iv) no more than 5 per cent of each parcel shall be cleared for farming purposes in each year, and an additional area of not more than 2 hectares of the parcel may be cleared for farming purposes for every hectare of land in the adjacent Protected Area B that

(A) was used for farming purposes within the previous year by the owner of the parcel or a predecessor in title,

(B) is no longer used for farming purposes, and

(v) no manure shall be stored or spread within the Protected Area C;

(e) construct roads, subject to the following conditions:

(i) the requirements of subparagraphs 6(n)(i) to (iv) shall be met;

(ii) the roadbed of all roads, except farm roads and logging roads, shall be surfaced with clean, well-drained asphalt, chip-seal or coarse granular material;

(iii) farm and woodlot roads shall be constructed so as to prevent sedimentation of any watercourse;

(iv) farm and woodlot roads shall be constructed only where the grade is less than 15 per cent;

(v) the area shall be restored and stabilized immediately if scouring occurs; and

(vi) rutting of roads or trails shall not result in sediment running off into any watercourse;

(f) install new petroleum storage tanks and maintain, use, cease to use, remove and otherwise handle existing or new petroleum storage tanks, if the installation, maintenance, use, cessation of use, removal and other handling and all other activities in relation to the petroleum storage tank are in compliance with the Petroleum Product Storage and Handling Regulation - Clean Environment Act;

(g) carry out base metal mining operations, other than uranium mining operations, if all effluents from the operations are discharged outside a protected area;

(h) carry out the extraction and crushing of sand, gravel and other aggregate materials, other than washing and grading and other secondary processing; and

(i) conduct an aquaculture operation, subject to the following conditions:

(i) the aquaculture operation shall not cause the release of any effluent into any protected area; and

(ii) aquaculture ponds shall not be constructed so that they lie within any Protected Area A.

2008-136

Repeal

8New Brunswick Regulation 90-136 under the Clean Water Act is repealed.

N.B. This Regulation is consolidated to April 24, 2018.