Transportation/Utility Corridor (TUC) Program Policy

Transcription

1 Transprtatin/Utility Crridr (TUC) Prgram Plicy April 2004 Land Planning Realty Services Branch Prperties Divisin Alberta Infrastructure Apprved by: Original signed by April 16, 2004 Eric J. McGhan Deputy Minister (date)

2 Table f Cntents Page Intrductin...1 Sectin 1 What is a Transprtatin/Utility Crridr (TUC)?... 1 Sectin 2 What is the bjective f the TUC Prgram?... 2 Sectin 3 Hw are the TUCs administered?... 2 Sectin 4 Sectin 5 Sectin 6 Sectin 7 Sectin 8 Step 1 Step 2 Step 3 Step 4 Step 5 What are the different categries f TUC uses?...3 What are the different types f authrizatins granted by Alberta Infrastructure (INFRAS) within the TUCs?... 4 What are the eight majr cases f authrizatins issued within the TUCs and wh are the cntacts fr each case?... 6 What are the financial implicatins f using prvincial Crwn Lands within a TUC? (fees, SECURITY, payments t lessees)...9 What are the steps fr btaining MINISTERIAL CONSENT and ther related authrizatins frm INFRAS?...12 The prpnent prepares and submits a MINISTERIAL CONSENT applicatin t INFRAS...12 INFRAS reviews the MINISTERIAL CONSENT applicatin fr cmpleteness INFRAS refers the cmplete MINISTERIAL CONSENT applicatin t stakehlders and evaluates ptential cnflicts...14 INFRAS reviews the MINISTERIAL CONSENT applicatin and decides if any additinal authrizatins frm INFRAS are required...14 INFRAS determines all applicable fees and any SECURITY...15 Step 6 INFRAS issues the MINISTERIAL CONSENT...15 Step 7 Step 8 Fr a prject n prvincial Crwn lands within a TUC, the prpnent applies t INFRAS fr a RIGHT OF ENTRY...15 Fr a prject n prvincial Crwn lands within a TUC, the prpnent prceeds in accrdance with the MINISTERIAL CONSENT and the RIGHT OF ENTRY...16 Page i April 2004

3 Step 9 Sectin 9 Sectin 10 Fr a prject n prvincial Crwn lands within a TUC, the prpnent submits a plan f survey and CERTIFICATE OF COMPLIANCE, and, if applicable, enters int a LICENCE r UTILILTY RIGHT OF WAY agreement with INFRAS...16 When des INFRAS release the unused prtin f the SECURITY?...21 When may INFRAS issue an enfrcement rder?...21 Appendix A Definitins Appendix B Legislatin...30 Appendix C Maps f TUCS...31 Appendix D Representative Crss-sectin f a TUC...32 Appendix E Flw Chart Shwing the Authrizatin Prcedure fr Eight Majr Cases...33 Appendix F TUC Cntacts at INFRAS...34 Appendix G Alberta Infrastructure Licences, Easements, and Utility Rights f Way Plicy Appendix H LANDSCAPE EARTHWORKS...38 Appendix I Appendix J Rles and Respnsibilities f TUC Stakehlders...50 Ministerial Cnsent Certificate f Cmpliance Frm...53 Appendix K Cnsent t Register a Plan Frm...54 Page ii April 2004

4 Transprtatin/Utility Crridr Prgram Plicy Intrductin (TUC Prgram Plicy) An individual r rganizatin (prpnent) may prpse t enter Transprtatin/Utility Crridr (TUC) lands arund the cities f Calgary r Edmntn, and undertake an activity r use. T d this, a prpnent may require authrizatin frm Alberta Infrastructure (INFRAS). By reading this dcument and appendixes, a prpnent will gain an understanding f the TUC Prgram, the types f authrizatins issued by Alberta Infrastructure, and the prcedures fr btaining each f these authrizatins. Please nte the fllwing: Wrds that appear in SMALL CAPITAL LETTERS are defined in Appendix A. The TUC Prgram Plicy includes this dcument and the attached appendixes. The examples given, fr instance cases and scenaris, may nt represent all situatins. INFRAS will peridically review the fees it charges. The TUC Prgram Plicy is a living dcument and will be reviewed peridically. It is the prpnent s respnsibility t btain an up-t-date versin. When in dubt cntact Land Planning, INFRAS (see Appendix F). The legislatin referred t is listed in Appendix B. Any legislatin quted is fr cnvenience nly. It is the prpnent s respnsibility t refer t the riginal legislatin. 1. What is a Transprtatin/Utility Crridr (TUC)? In the mid-1970s, the Gvernment f Alberta established RESTRICTED DEVELOPMENT AREAS (RDAs) arund the cities f Calgary and Edmntn. The lands included in these RDAs were designated fr TRANSPORTATION/UTILITY CORRIDOR (TUC) uses, including RING ROADS, majr utilities, and linear municipal utilities. The TUCs were seen as the mst effective means f prviding lng-term alignments fr future RING ROADS and majr linear utilities needed t serve these expanding urban areas. Page 1 April 2004

5 The Calgary TUC crsses lands within The City f Calgary and the Municipal District f Rcky View. The Edmntn TUC extends int three municipalities: The City f Edmntn, Strathcna Cunty, and the City f St. Albert. Maps f the Calgary and Edmntn TUCs are attached as Appendix C. Land acquisitin fr the TUC Prgram cmmenced in the mid-1970s. T date, the Gvernment f Alberta has acquired abut 95 per cent f TUC lands. 2. What is the bjective f the TUC Prgram? The bjective f the TUC Prgram is t facilitate the develpment f the cities f Calgary and Edmntn, their surrunding regins, and the prvince by accmmdating within the TUCs the develpment f RING ROADS, STORMWATER MANAGEMENT FACILITIES, majr pipelines and pwer lines, and MUNICIPAL SERVICES. Currently the RING ROAD in Calgary includes Highway 22x and Stney Trail (Hwy 201). In Edmntn, the RING ROAD includes Anthny Henday Drive and Highway 216 (Hwy 14x). Over time, additinal radway segments will be cnstructed t cmplete the RING ROADS in bth cities. The TUCs were established n the principle that lng-term planning fr the accmmdatin f a RING ROAD and majr utilities within a TUC can maximize its use. The TUCs prtect RING ROAD and utility alignments frm advancing urban develpment and ffer a lng-term slutin t many f the land use prblems assciated with develping majr linear facilities in urban areas. 3. Hw are the TUCs administered? The legislative authrity fr the TUC Prgram is set ut in the Calgary, Edmntn, and Sherwd Park West RDA Regulatins made under sectin 4 f Schedule 5 f the Gvernment Organizatin Act. INFRAS administers the TUCs n behalf f the Gvernment f Alberta. Any individual r rganizatin prpsing t enter TUC lands t undertake an activity r use requires authrizatin frm INFRAS. Where an individual r rganizatin prpses an peratin r activity n TUC lands that will likely cause a SURFACE DISTURBANCE, the RDA regulatins require that the individual r rganizatin receive written cnsent (MINISTERIAL CONSENT) frm the Minister f INFRAS befre starting. The RDA regulatins als ensure that the activities f ther gvernment departments and gvernment agencies are crdinated and cnsistent with the TUC Prgram. Other gvernment departments and gvernment agencies require the cnsent f the Minister f INFRAS befre exercising certain pwers that wuld affect TUC lands, r befre authrizing any peratin r activity that wuld cause a SURFACE DISTURBANCE f TUC lands. Page 2 April 2004

6 As the TUC administratr, INFRAS als has the mandate t purchase TUC lands required by the TUC Prgram, and sell prvincial Crwn lands that have becme surplus t the requirements f the TUC Prgram. INFRAS manages prvincial Crwn lands within TUCs by granting LEASES (currently administers abut 430 LEASES), LICENCES, UTILITY RIGHTS OF WAY, and RIGHTS OF ENTRY t individuals r rganizatins prpsing t enter these TUC lands and undertake activities. The Minister f INFRAS can exercise these pwers in accrdance with sectin 10(2) f Schedule 11 f the Gvernment Organizatin Act. 4. What are the different categries f TUC uses? T effectively administer the TUC Prgram and accmplish its bjective, INFRAS has defined categries f uses within the TUCs. First, hwever, it is imprtant t understand that ne r mre f the fllwing three situatins may exist and be significant fr a TUC use: A TUC use may ccur n, abve, r belw the TUC land surface. Abve-grund utilities (pwer lines) and undergrund utilities (pipelines) bth have rights f way that prvide fr access, maintenance, and s n. Due t this multi-level aspect f uses, there may be tw r mre uses at a specific lcatin within a TUC. Fr example, a site may have the fllwing stack f uses: an verhead pwer line; an agricultural surface use, and a buried pipeline. A TUC use (fr example, a radway) may be planned but nt yet built. In this case, the current land use (fr example, agriculture) is different frm that which is planned r designated. The SURFACE DISTURBANCE related t the cnstructin f a UTILITY RIGHT OF WAY can vary and is usually less fr pwer lines. Where cnstructin eliminates a use, the use may be subsequently re-established. Fr example, an agricultural use may be disrupted during pipeline cnstructin, but later the pipeline right f way may be reclaimed back t an agricultural use. INFRAS recgnizes three categries f TUC uses (see Appendix D fr a representative crss-sectin f a TUC): PRIMARY USES - These are transprtatin and linear utility facilities that the TUCs are planned t accmmdate. These uses include RING ROADS and assciated interchanges and STORMWATER MANAGEMENT FACILITIES; pipelines; majr pwer lines (69 kv and abve); and municipal services (see MUNICIPAL SERVICES COMPONENT). Within the TUCs, there are designated COMPONENTS fr each f these PRIMARY USES (fr example, see definitins fr RING ROAD COMPONENT, PIPELINE COMPONENT, and POWER LINE COMPONENT). Page 3 April 2004

7 SECONDARY USES - These usually ccur adjacent t radways, abve undergrund pipelines, r belw pwer lines. They are cmpatible with these PRIMARY USES and typically are fr re-established agricultural use, parking, utdr strage, limited recreatin activities, and limited cmmercial activities. In additin, SECONDARY USES include subdivisin-related CONTOURING that verlaps nt a TUC, BARRIERS, PATHWAYS, and SUPPLEMENTAL LANDSCAPE PLANTINGS. INFRAS may cnsult with the lcal municipality abut the acceptability f a prpsed SECONDARY USE; hwever, INFRAS will have the final apprval as t whether it can be develped within a TUC. Althugh these SECONDARY USES may last a lng time, INFRAS has taken care t ensure that these uses can be easily altered, reduced, r cmpletely displaced t accmmdate PRIMARY USES. ORIGINAL USES - While mst f TUC lands have been designated by INFRAS fr varius PRIMARY USES, much f the actual land use within prtins f the TUCs has remained unchanged since the beginning f the TUC Prgram. The TUCs will take many mre years t becme fully develped. These ORIGINAL USES include agriculture, residences (mainly riginal farmsteads), and sand and gravel mining. Currently, much f the TUC lands that have retained their ORIGINAL USES are prvincial Crwn lands and are leased ut by INFRAS. Leasing assists with the maintenance f land and generates revenue. As PRIMARY USES and SECONDARY USES are gradually develped, they will displace these ORIGINAL USES. 5. What are the different types f authrizatins granted by INFRAS within the TUCs? The Crwn in right f Alberta as represented by INFRAS wns almst all the TUC lands. The remainder f the TUC lands is privately wned, r lands assciated with rad rights f way (this includes rad plans and statutry rad allwances), and the beds and shres f water features. INFRAS may allw the use f prvincial Crwn lands within TUCs by granting a LEASE, LICENCE, UTILITY RIGHT OF WAY, r RIGHT OF ENTRY. Fr all TUC lands, whether they are prvincial Crwn lands r nt, INFRAS may issue MINISTERIAL CONSENTS t authrize a SURFACE DISTURBANCE, r t authrize the exercise f certain pwers by ther gvernment departments r gvernment agencies. LEASE - This type f agreement is generally assciated with ORIGINAL and SECONDARY USES, fr example agricultural and residential uses. The Crwn in right f Alberta (as represented by INFRAS) as lessr, grants t the lessee fr a fixed term and fr a specified purpse, and subject t the requirements f PRIMARY USES, exclusive pssessin f certain prvincial Crwn lands within a TUC. The LEASE prvides that INFRAS may terminate the agreement if the lands are required fr TUC PRIMARY USES. Page 4 April 2004

8 LICENCE - In this type f agreement, the Crwn in right f Alberta (as represented by INFRAS) as licensr, grants t the licensee a privilege t enter prvincial Crwn lands within a TUC fr a certain purpse. This type f agreement is typically used fr temprary sil stckpiles and the cnstructin and maintenance f SECONDARY USES, fr example LANDSCAPE EARTHWORKS such as PATHWAYS. Althugh many SECONDARY USES are relatively lng lasting, the LICENCE prvides that INFRAS may terminate the agreement if the lands are required fr TUC PRIMARY USES. INFRAS requires the licensee, at its cst, t have an Alberta Land Surveyr draw a plan f survey f the LICENSED area; hwever, neither the survey nr the agreement is registered at the Land Titles Office. INFRAS als requires the licensee, at its cst, t submit a CERTIFICATE OF COMPLIANCE. UTILITY RIGHT OF WAY - Here, the Crwn in right f Alberta (as represented by INFRAS) as grantr, grants t the grantee a right n, ver r under prvincial Crwn lands within a TUC. A UTILITY RIGHT OF WAY is typically granted fr the cnstructin and maintenance f PRIMARY USE utilities. It specifies the characteristics f the use (fr example, vertical and hrizntal alignments) and the type f installatin (fr example, pipeline, pwer line, telecmmunicatins cnduit, r municipal services). The use must be cnsistent with the lng-term planning fr PRIMARY USES within the TUC and, as a cnsequence, the UTILITY RIGHT OF WAY is cnsidered t be permanent. INFRAS requires the grantee, at its cst, t have an Alberta Land Surveyr draw a plan f survey f the UTILITY RIGHT OF WAY. The grantee, at its cst, must register bth the UTILITY RIGHT OF WAY agreement and the plan f survey at the Land Titles Office. INFRAS als requires the grantee, at its cst, t submit a CERTIFICATE OF COMPLIANCE fr the activity. RIGHT OF ENTRY - Here, the Crwn in right f Alberta (as represented by INFRAS) as grantr, grants t the grantee physical access t prvincial Crwn lands within a TUC t undertake an authrized activity. Fr a prject with mre than ne phase, mre than ne RIGHT OF ENTRY may be required (fr example fr site survey, cnstructin, maintenance, imprvement, abandnment, and RECLAMATION phases). The RIGHT OF ENTRY sets ut the timing f the entry and cnditins that are specific t the authrized activity. If the land is leased, the grantee must ntify the lessee befre entering the land, and cmpensate the lessee fr entry and activities causing prperty, r crp damage, r bth. MINISTERIAL CONSENT INFRAS, as the TUC administratr, may issue MINISTERIAL CONSENTS fr all TUC lands. (The Minister f Alberta Infrastructure has delegated the authrity t sign MINISTERIAL CONSENTS t certain individuals in INFRAS.) The MINISTERIAL CONSENT sets ut cnditins that ensure that a prpsed peratin, activity, r exercise f pwer is cnsistent with the TUC Prgram, and addresses any ptential cnflicts with Page 5 April 2004

9 existing and future PRIMARY USES. Under the RDA regulatins, INFRAS may issue a MINISTERIAL CONSENT t: any individual r rganizatin t undertake any peratin r activity that is likely t cause a SURFACE DISTURBANCE within a TUC (fr example, utility installatins); any Minister f the Crwn r gvernment fficial t grant an estate r interest in prvincial Crwn lands within a TUC under the Mines and Minerals Act, the Public Lands Act, r any ther Act (fr example, the granting f a UTILITY RIGHT OF WAY); any Minister f the Crwn, gvernment fficial r gvernment agency t exercise any pwer under the Municipal Gvernment Act, the Pipeline Act, the Water Act, r any ther Act t authrize any peratin r activity that is likely t cause a SURFACE DISTURBANCE within a TUC (fr example, the EUB granting apprval f regulated pwer lines and pipelines); and any Minister f the Crwn, gvernment fficial r gvernment agency t exercise any pwer under the Municipal Gvernment Act t authrize any twnsite plan, subdivisin plan, r ther plan f survey, r any agreement, transfer, r ther instrument affecting any TUC lands (fr example, registratin f plans by Alberta Land Titles). 6. What are the eight majr cases f authrizatins issued within the TUCs and wh are the cntacts fr each case? The type f authrizatin issued by INFRAS depends n the circumstances. There are eight majr cases. The flw chart in Appendix E shws the authrizatin prcedure fr each f the cases. The cntacts fr the cases are as fllws: Cases 1 t 3 - Fr mre infrmatin r an authrizatin, the prpnent shuld cntact Prperty Management, INFRAS (see Appendix F). Cases 4 t 8 - In these cases, a MINISTERIAL CONSENT frm INFRAS is required because f the ptential fr a SURFACE DISTURBANCE. Therefre, it is extremely imprtant that the prpnent cntact Land Planning, INFRAS (see Appendix F) at the cnceptual stage. Land Planning will wrk with the prpnent t determine: Page 6 April 2004

10 The cases are: cmpatibility with the requirements f the TUC Prgram; and any technical requirements necessary t ensure that the prpsed use is cnsistent with TUC planning, including lng-term PRIMARY USES. Case 1 - INFRAS and a prspective r existing lessee are entering int, renewing, r terminating a LEASE f prvincial Crwn lands within a TUC, r negtiating terms such as rental (fr example, the renewal f an agricultural LEASE). In this case the land use remains unchanged and there is n SURFACE DISTURBANCE. Authrizatin - Prperty Management, INFRAS (see Appendix F) is respnsible fr LEASE-related matters. Case 2 - A prpnent prpses t temprarily enter prvincial Crwn lands within a TUC fr a purpse that will nt cause a SURFACE DISTURBANCE (fr example, a legal survey). Authrizatin - If the temprary activity is cmpatible with the TUC Prgram, Prperty Management will grant a RIGHT OF ENTRY fr the prpnent t gain physical access t the land. Case 3 - A prspective r existing lessee prpses a change in land use f prvincial Crwn lands within a TUC that will nt cause a SURFACE DISTURBANCE and will nt require capital investment n the part f the lessee. Authrizatin - Prperty Management is respnsible fr this LEASErelated matter. Case 4 - An existing r prspective lessee f prvincial Crwn lands within a TUC prpses: a change in land use f TUC lands that will cause a SURFACE DISTURBANCE, r will require a majr capital investment n the part f the lessee, r bth; r a LEASE with a term f mre than five years. Authrizatin - If the change in land use is cmpatible with the TUC Prgram: Land Planning, INFRAS (see Appendix F) will issue a MINISTERIAL CONSENT; and Page 7 April 2004

11 Prperty Management will draw up a new LEASE with different cnditins, r amend an existing LEASE t incrprate changes t an riginal LEASE. Additinal apprvals may be necessary accrding t ther legislatin. Case 5 - A prpnent prpses t enter prvincial Crwn lands within a TUC fr a purpse that will cause a SURFACE DISTURBANCE and the develpment f a SECONDARY USE that will be maintained by INFRAS (fr example, LANDSCAPE EARTHWORKS resulting frm subdivisinrelated CONTOURING activities). Authrizatin - If the prject is cmpatible with the TUC Prgram: Land Planning will issue a MINISTERIAL CONSENT; and Prperty Management will grant a RIGHT OF ENTRY. Additinal apprvals may be necessary accrding t ther legislatin. Case 6 - A prpnent prpses t enter TUC lands fr a purpse that will cause a SURFACE DISTURBANCE and the develpment f a SECONDARY USE that will be maintained by the prpnent (fr example, utdr strage, limited recreatin activities, r PATHWAYS). Authrizatin - If the prject is cmpatible with the TUC Prgram: Land Planning will issue a MINISTERIAL CONSENT; Prperty Management will draw up a LICENCE if the lands are prvincial Crwn lands; and Prperty Management will grant a RIGHT OF ENTRY if the lands are prvincial Crwn lands. Additinal apprvals may be necessary accrding t ther legislatin. Case 7 - A prpnent prpses t enter TUC lands fr a purpse that will cause a SURFACE DISTURBANCE and the develpment f a temprary PRIMARY USE (fr example, a temprary reruting f a pwer line). Authrizatin - If the prject is cmpatible with the TUC Prgram: Land Planning will issue a MINISTERIAL CONSENT; Prperty Management will draw up a LICENCE if the lands are prvincial Crwn lands; and Prperty Management will grant a RIGHT OF ENTRY if the lands are prvincial Crwn lands. Additinal apprvals may be necessary accrding t ther legislatin. Page 8 April 2004

12 Case 8 - A prpnent prpses t enter TUC lands fr a purpse that will cause a SURFACE DISTURBANCE and the develpment f a permanent PRIMARY USE (fr example, a petrleum pipeline r a pwer line). Authrizatin - If the prject is cmpatible with the TUC Prgram: Land Planning will issue a MINISTERIAL CONSENT; Land Services, INFRAS (Appendix F) will draw up a UTILITY RIGHT OF WAY in the case f a utility if the lands are prvincial Crwn lands; and Prperty Management will grant a RIGHT OF ENTRY if the lands are prvincial Crwn lands. In the case f a regulated pipeline r pwer line, INFRAS will frward a cpy f the prpnent s MINISTERIAL CONSENT t the EUB, and als issue a separate MINISTERIAL CONSENT t the EUB s that the EUB may issue an authrizatin. Additinal apprvals may be necessary accrding t ther legislatin. 7. What are the financial implicatins f using prvincial Crwn lands within a TUC? (fees, security, payment t lessees) Depending n the characteristics f a prject and the authrizatins required, INFRAS may charge an individual r rganizatin ne r mre fees fr using prvincial Crwn lands within a TUC. Nte that INFRAS will review these fees peridically. Rent fr LEASES - INFRAS will charge a lessee rent fr a LEASE f prvincial Crwn lands within a TUC at a market rate less an amunt that takes int accunt that INFRAS may temprarily r permanently disrupt the use f the lands n shrt ntice fr TUC activities. GST is added t the rent fr TUC LEASES. Cmpensatin fee fr LANDSCAPE EARTHWORKS - INFRAS will charge the prpnent a ne-time cmpensatin fee f $61,755 per hectare ($25,000 per acre) plus GST, fr placing a LANDSCAPE EARTHWORK n prvincial Crwn lands within a TUC (see Sectin 6, Cases 5 and 6 fr LANDSCAPE EARTHWORK authrizatin). INFRAS will waive this fee if: the prpnent has fllwed the steps fr btaining MINISTERIAL CONSENT and did nt start cnstructin f the LANDSCAPE EARTHWORK befre applying fr and receiving MINISTERIAL CONSENT; and Page 9 April 2004

13 the LANDSCAPE EARTHWORK meets at least ne f the fllwing three criteria: INFRAS accepts that the LANDSCAPE EARTHWORK is a MINOR LANDSCAPE EARTHWORK; INFRAS accepts that there is a DEFINABLE BENEFIT f the LANDSCAPE EARTHWORK t existing, r future TUC uses, r bth, and the LANDSCAPE EARTHWORK will nt be in cnflict with these uses; r INFRAS accepts that the LANDSCAPE EARTHWORK will be cnstructed slely fr the purpse f establishing a TUC PATHWAY. Cmpensatin fee fr temprary PRIMARY USES and SECONDARY USES requiring a LICENCE - INFRAS will enter int a LICENCE agreement (see Sectin 6, Cases 6 and 7 fr LICENCE authrizatin) with the prpnent and charge a cmpensatin fee fr temprary PRIMARY and SECONDARY USES n prvincial Crwn lands within a TUC. The determinatin f the cmpensatin fee, and the list f entities exempt frm payment, are addressed in the Alberta Infrastructure Licences, Easements, and Utility Rights f Way Plicy (see Appendix G). Cmpensatin fee fr UTILITY RIGHTS OF WAY - INFRAS will enter int a UTILITY RIGHT OF WAY agreement (see Sectin 6, Case 8 fr UTILITY RIGHT OF WAY authrizatin) with the prpnent and will charge a cmpensatin fee fr a permanent utility installatin n prvincial Crwn lands within a TUC. The determinatin f the cmpensatin fee, and the list f entities exempt frm payment, are addressed in the Alberta Infrastructure Licences, Easements, and Utility Rights f Way Plicy (see Appendix G). Financial implicatins fr RIGHTS OF ENTRY - A RIGHT OF ENTRY t prvincial Crwn lands within a TUC granted by INFRAS may have financial implicatins fr the prpnent, as fllws: Administratin fee - INFRAS will charge the prpnent a ne-time administratin fee f $1,500 plus GST fr granting a RIGHT OF ENTRY t prvincial Crwn lands within a TUC (see Sectin 6, Cases 2, 5, 6, 7, and 8 fr RIGHT OF ENTRY authrizatin). Hwever, INFRAS will waive this fee if: the prpnent is a prvincial gvernment department, a municipality, r an entity that is a designated public utility listed in sectins 1 and 2 f the Designatin Regulatin made under the Public Utilities Bard Act; r INFRAS expects t grant the prpnent a LEASE fr this prvincial Crwn land. Page 10 April 2004

14 SECURITY - INFRAS may require the prpnent t prvide INFRAS with SECURITY in the frm f an IRREVOCABLE LETTER OF CREDIT, r a cheque, with the mney t be held in trust fr a perid f up t tw full grwing seasns after cmpletin f the prject. INFRAS will always require SECURITY where it has decided t waive the cmpensatin fee fr a LANDSCAPE EARTHWORK (see Cmpensatin fee fr LANDSCAPE EARTHWORKS, abve in this sectin). The amunt f SECURITY required is calculated by multiplying the PROJECT AREA in square metres by $1.50 per square metre (r PROJECT AREA in square feet by $0.14 per square ft), and adding GST. In sme cases, INFRAS may vary the amunt f SECURITY determined by the abve calculatin: INFRAS requires a minimum SECURITY f $5,000. INFRAS will accept a reduced amunt f security where the prvisins f the Cnservatin and Reclamatin Regulatin, made under the Envirnmental Prtectin and Enhancement Act, apply t a prject. This ccurs when the prpsed use falls under the definitin f SPECIFIED LAND in the Regulatin and, as a cnsequence, Alberta Envirnment is respnsible fr ensuring that the prpnent reclaims the use. INFRAS may require additinal SECURITY depending n the characteristics f the prject. After INFRAS has issued the MINISTERIAL CONSENT and the prpnent indicates that the prject has been cmpleted, INFRAS will release t the prpnent the full amunt f the security, r nly a prtin f it if everything has nt been cmpleted t INFRAS satisfactin (see Sectin 9 fr details). Payment t lessee - If the land is leased by a third party, the prpnent must pay t the lessee an amunt t cmpensate the lessee fr entry, and activities causing prperty damages, r crp lss, r bth. All matters relating t payment are between the prpnent and the lessee. Page 11 April 2004

15 8. What are the steps fr btaining MINISTERIAL CONSENT and ther related authrizatins frm INFRAS? A nine-step prcedure must be fllwed where the prpnent requires a MINISTERIAL CONSENT frm INFRAS t undertake a prpsed prject within a TUC (see Sectin 6, Cases 4 t 8, and the flw chart in Appendix E). Step 1 - The prpnent prepares and submits a MINISTERIAL CONSENT applicatin t INFRAS The prpnent must submit a written applicatin fr MINISTERIAL CONSENT t INFRAS befre undertaking the prpsed prject. Land Planning, INFRAS (see Appendix F) will advise the prpnent n the cntent f the submissin and any specific requirements identified during the review f the prject at the cnceptual stage. At a minimum, the applicatin fr MINISTERIAL CONSENT must include the fllwing infrmatin: Cvering letter - In the cvering letter, the prpnent must request MINISTERIAL CONSENT fr the applicatin and prvide a detailed descriptin f the prject, including: PROJECT AREA (hectares r acres); dimensins f the area; cnstructin schedule (cmmencement and cmpletin dates); legal descriptin f the PROJECT AREA (legal subdivisin, quarter sectin, twnship, range, meridian; r lt, blck and plan numbers; r bth if they exist); and certificate f title numbers. Site drawing - The site drawing must: shw the prpsed PROJECT AREA, the bundary f the right f way (if a utility), and any temprary wrking space required; be superimpsed n a TUC Alignment Orthpht r Legal Survey drawing, and clearly shw the TUC bundaries and the bundaries f each COMPONENT in relatin t the prpsed use (cntact Land Planning, INFRAS fr the mst up-t-date TUC plans; see Appendix F); include a base/key plan, if an applicatin includes multiple drawings; Page 12 April 2004

16 have a nrth arrw and be riented s that nrth is at the tp f the page, unless the shape f the area favurs ther rientatins; and have a legend that includes: legal descriptin f the PROJECT AREA; municipality (fr example, The City f Calgary); drawing scale (fr example, 1:2,000); air pht data - if applicable, infrmatin n air phts used t derive infrmatin (date, scale, jb, line, and pht numbers); date drawn; and name(s) f persn(s) r grup that prepared the drawing. Depending n the characteristics f the prject, INFRAS may require additinal infrmatin. Examples f these prjects include utilities and LANDSCAPE EARTHWORKS: Prpsed utility lcated within a UTILITY COMPONENT - Fr a prpsed utility lcated within a UTILITY COMPONENT, the site drawing requirements are the same as the minimum nes set ut abve, with the fllwing additinal requirements: the drawing must use 3-TM NAD83 c-rdinates and shw prfiles, r crss-sectins, r bth if pssible; the drawing must shw the lcatin f existing utilities within the UTILITY COMPONENT; and where mre than ne utility is prpsed within the UTILITY RIGHT OF WAY, the drawing must shw the lcatin f all the prpsed utilities. Prpsed utility crsses a TUC - Fr a prpsed utility crssing a TUC, the site drawing requirements are the same as set ut abve fr a prpsed utility lcated within a UTILITY COMPONENT. Hwever, there are several special requirements where the utility crsses the RING ROAD COMPONENT. The drawing must shw: utility elevatins and crss-sectins at all existing and prpsed radway crssings; fr undergrund utilities, depths frm the tp f the prpsed utility t the prpsed final radway ditch bttms. Nte that undergrund utilities within the RING ROAD COMPONENT must: nt bend vertically r hrizntally; be cased if they are jinted, r if cntinuus must be f sufficient strength t withstand the lading; and Page 13 April 2004

17 maintain a separatin f at least 1.4 metres (4.6 feet) between the lwest final grade f a RING ROAD ditch and the tp f the utility (fr water lines the minimum separatin is 2.5 metres (8.2 feet)); and fr verhead utilities, vertical separatin distances (clearances) frm the line t the radway. In additin, drawings must shw accurately the lcatin f all ples, twers, anchrs, transfrmers, and ther structures assciated with the prpsal in relatin t the RING ROAD COMPONENT and ther COMPONENTS. Prpsed LANDSCAPE EARTHWORK - INFRAS will require the prpnent t submit additinal technical infrmatin in supprt f a LANDSCAPE EARTHWORK prject. These requirements are set ut in Appendix H. Step 2 - INFRAS reviews the MINISTERIAL CONSENT applicatin fr cmpleteness Land Planning, INFRAS (see Appendix F) reviews the applicatin fr cmpleteness. If it is incmplete, Land Planning will return it t the prpnent t remedy the deficiencies. Step 3 - INFRAS refers the cmplete MINISTERIAL CONSENT applicatin t stakehlders and evaluates ptential cnflicts Land Planning, INFRAS (see Appendix F) sends the cmplete applicatin fr MINISTERIAL CONSENT t ther prvincial gvernment departments and ther stakehlders that, in Land Planning s pinin, wuld be affected by the prpsal. (See Appendix I fr a descriptin f the rles and respnsibilities f TUC stakehlders.) Based n cmments frm these stakehlders and INFRAS TUC Prgram bjectives fr this area, Land Planning will determine whether ptential cnflicts exist between the prpsal and existing and future TUC PRIMARY USES, and existing SECONDARY USES. Step 4 - INFRAS reviews the MINISTERIAL CONSENT applicatin and decides if any additinal authrizatins frm INFRAS are required Land Planning, INFRAS (see Appendix F) reviews the applicatin and decides if any authrizatins frm INFRAS are required in additin t the MINISTERIAL CONSENT. INFRAS may require the prpnent t enter int a new LEASE, LICENCE, r UTILITY RIGHT OF WAY agreement with INFRAS. (See Step 9, Scenari B fr the prcedure fr a LICENCE, and Step 9, Scenari C fr the prcedure fr a UTILITY RIGHT OF WAY.) Page 14 April 2004

18 If a LICENCE r UTILITY RIGHT OF WAY agreement is required, the prpnent must btain a RIGHT OF ENTRY frm INFRAS t btain physical access t the lands (see Step 7 fr details). Nte that all LANDSCAPE EARTHWORKS will require a RIGHT OF ENTRY, even thugh sme will nt need a LICENCE. (See Sectin 6, Case 5; als refer t Step 9, Scenari A fr the prcedure fr a LANDSCAPE EARTHWORK that des nt require a LICENCE.) Step 5 - INFRAS determines all applicable fees and any SECURITY Land Planning, INFRAS (see Appendix F) will determine all applicable fees and any SECURITY fr the prject (see Sectin 7). Step 6 - INFRAS issues the MINISTERIAL CONSENT After the prpnent has met all f the requirements fr btaining MINISTERIAL CONSENT t INFRAS satisfactin, Land Planning, INFRAS (see Appendix F) will issue the MINISTERIAL CONSENT. The MINISTERIAL CONSENT will specify all applicable fees and any SECURITY (see Sectin 7 and Step 5). Nte that Land Planning takes a minimum f 30 days t issue a MINISTERIAL CONSENT. This time is required fr the review and decisinmaking prcess. Nte that ccasinally a prject will take place n private lands within a TUC. In this case, a cnditin f the MINISTERIAL CONSENT may require the prpnent t submit a CERTIFICATE OF COMPLIANCE in the frm set ut in Appendix J, signed by a prfessinal engineer. Additinally, if the prject is fr a utility, a cnditin f the MINISTERIAL CONSENT may require that INFRAS apprve the plan f survey fr the UTILITY RIGHT OF WAY befre the prpnent registers it at the Land Titles Office. Nte that Land Planning may issue additinal MINISTERIAL CONSENTS t ther prvincial gvernment departments r agencies (fr example, the EUB) s that they can exercise their pwers. (See the definitin f MINISTERIAL CONSENT.) Step 7 - Fr a prject n prvincial Crwn lands within a TUC, the prpnent applies t INFRAS fr a RIGHT OF ENTRY The RIGHT OF ENTRY allws the prpnent t physically enter prvincial Crwn lands within a TUC and carry ut the authrized prject specified in the MINISTERIAL CONSENT. T btain a RIGHT OF ENTRY, the prpnent must apply t Prperty Management, INFRAS (see Appendix F). Page 15 April 2004

19 The RIGHT OF ENTRY will include a number f prvisins, including, fr example, requiring the prpnent t ntify in writing any lessees that will be affected by the RIGHT OF ENTRY (this is critical where there are buildings r residences). Prperty Management will grant a RIGHT OF ENTRY if the prpnent has: paid any cmpensatin fee and administratin fee required, and prvided any SECURITY required (see Step 5); r made arrangements that are acceptable t Prperty Management t pay these fees and prvide the SECURITY. Nte that the prpnent is respnsible fr lcating any LICENSED undergrund utilities beneath r in clse prximity t the prject. Prperty Management, n request, will prvide the prpnent with cpies f any related LICENCES and assciated survey plans. Step 8 - Fr a prject n prvincial Crwn lands within a TUC, the prpnent prceeds in accrdance with the MINISTERIAL CONSENT and the RIGHT OF ENTRY Step 9 - Fr a prject n prvincial Crwn lands within a TUC, the prpnent submits a plan f survey and CERTIFICATE OF COMPLIANCE and, if applicable, enters int a LICENCE r UTILITY RIGHT OF WAY agreement with INFRAS There are three majr scenaris: Scenari A - Steps fr prjects nt requiring a LICENCE frm INFRAS (see Sectin 6, Case 5) Step 9.A.1 The prpnent submits a plan f survey and a CERTIFICATE OF COMPLIANCE t INFRAS By the expiry date set ut in the MINISTERIAL CONSENT (see Step 6) r within 90 days f cmpletin f the prject, whichever cmes first, the prpnent must submit t Land Planning, INFRAS (see Appendix F): a plan f survey that: encmpasses the PROJECT AREA; is bth n paper and n an apprpriately frmatted digital file (preferably AutCAD); is f sufficient quality that it culd be registered at the Land Titles Office; and Page 16 April 2004

20 includes a signature blck fr INFRAS in the frm set ut belw (nte that the designated signing authrity will depend n the particular prject; Land Planning will prvide the title t be used); and ALBERTA INFRASTRUCTURE DIRECTOR LAND PLANNING ALBERTA INFRASTRUCTURE Date 200 a CERTIFICATE OF COMPLIANCE in the frm set ut in Appendix J, signed by a prfessinal engineer. Step 9.A.2 INFRAS reviews the plan f survey and CERTIFICATE OF COMPLIANCE Land Planning reviews the plan f survey and CERTIFICATE OF COMPLIANCE t ensure that the cnditins f the MINISTERIAL CONSENT have been met. If either is unacceptable, Land Planning will cntact the prpnent t remedy deficiencies. Step 9.A.3 INFRAS signs the plan f survey If the plan f survey is acceptable, Land Planning will sign it and retain the riginal fr its recrds (this is a signed, unregistered plan f survey). Step 9.A.4 INFRAS sends a cpy f the signed plan f survey t the prpnent. Page 17 April 2004

21 Scenari B - Steps fr SECONDARY USES and temprary PRIMARY USES requiring a LICENCE frm INFRAS (see Sectin 6, Cases 6 and 7) Step 9.B.1 The prpnent submits a plan f survey and a CERTIFICATE OF COMPLIANCE t INFRAS This step is exactly the same as Step 9.A.1 (see Scenari A). Step 9.B.2 INFRAS reviews the plan f survey and CERTIFICATE OF COMPLIANCE This step is exactly the same as Step 9.A.2 (see Scenari A). Step 9.B.3 INFRAS signs the plan f survey and prepares the LICENCE If the plan f survey is acceptable, Land Planning, INFRAS (see Appendix F) will sign it and retain the riginal fr its recrds (this is a signed, unregistered plan f survey). Prperty Management, INFRAS (see Appendix F) will prepare the LICENCE based n the plan f survey. Step 9.B.4 INFRAS sends the unsigned LICENCE and a cpy f the signed plan f survey t the prpnent Prperty Management sends t the prpnent: three cpies f the unsigned LICENCE; and ne cpy f the signed plan f survey. Step 9.B.5 The prpnent signs the LICENCE and returns all cpies t INFRAS The prpnent has each cpy f the LICENCE signed and sealed by the prpnent s apprpriate signatry, and returns all cpies t Prperty Management. Step 9.B.6 INFRAS signs bth cpies f the LICENCE Prperty Management signs and seals all cpies f the LICENCE, and returns ne fully executed cpy t the prpnent. Nte that the LICENCE is nt registered at the Land Titles Office. Page 18 April 2004

22 Scenari C - Steps fr prjects requiring a UTILITY RIGHT OF WAY frm INFRAS (see Sectin 6, Case 8) Step 9.C.1 The prpnent submits a plan f survey and a CERTIFICATE OF COMPLIANCE t INFRAS By the expiry date set ut in the MINISTERIAL CONSENT (see Step 6) r within 90 days f cmpletin f the prject, whichever cmes first, the prpnent must submit t Land Planning, INFRAS (see Appendix F): three paper cpies f the plan f survey that encmpasses the PROJECT AREA and is acceptable fr registratin at the Land Titles Office; and a CERTIFICATE OF COMPLIANCE in the frm set ut in Appendix J, signed by a prfessinal engineer. Step 9.C.2 INFRAS reviews the plan f survey and CERTIFICATE OF COMPLIANCE Land Planning reviews the plan f survey and CERTIFICATE OF COMPLIANCE t ensure that the cnditins f the MINISTERIAL CONSENT have been met. If either is unacceptable, Land Planning will cntact the prpnent t remedy deficiencies. Step 9.C.3 INFRAS signs and seals a CONSENT TO REGISTER A PLAN and prepares the UTILITY RIGHT OF WAY agreement If the plan f survey is acceptable, Land Planning will sign and seal the CONSENT TO REGISTER A PLAN (in the frm set ut in Appendix K). Land Services, INFRAS (see Appendix F) will prepare the UTILITY RIGHT OF WAY agreement based n the plan f survey. Step 9.C.4 INFRAS sends the UTILITY RIGHT OF WAY agreement and the CONSENT TO REGISTER A PLAN t the prpnent Land Services sends t the prpnent: three cpies f the unsigned UTILITY RIGHT OF WAY agreement; the signed and sealed CONSENT TO REGISTER A PLAN; and ne cpy f the apprved unregistered plan f survey. Page 19 April 2004

23 Step 9.C.5 The prpnent registers the plan f survey at the Land Titles Office and it is assigned a registratin number The prpnent registers the plan f survey at the Land Titles Office by submitting the signed and sealed CONSENT TO REGISTER A PLAN (Appendix K) alng with a digital file f the plan f survey. The Land Titles Office will assign the plan f survey a registratin number (the plan is nw a registered plan f survey). Step 9.C.6 The prpnent signs and seals the UTILITY RIGHT OF WAY agreement; the prpnent sends the UTILITY RIGHT OF WAY agreement and digital file f the plan f survey t INFRAS The prpnent enters the registratin number f the registered plan f survey nt each f the three cpies f the UTILITY RIGHT OF WAY agreement. The prpnent has each cpy signed and sealed by the prpnent s apprpriate signatry. The prpnent returns the three cpies f the UTILITY RIGHT OF WAY agreement t Land Services alng with an apprpriately frmatted digital file (preferably AutCAD) f the registered plan f survey. Step 9.C.7 INFRAS signs and seals the UTILITY RIGHT OF WAY agreement and returns tw fully executed cpies t the prpnent Land Services signs and seals the three cpies f the UTILITY RIGHT OF WAY agreement, retains ne fully executed cpy fr its recrds, and returns tw cpies t the prpnent (ne cpy is fr the prpnent s recrds; the ther fr registratin at the Land Titles Office). Step 9.C.8 The prpnent registers the UTILITY RIGHT OF WAY agreement at the Land Titles Office The prpnent, at its cst, registers the UTILITY RIGHT OF WAY agreement at the Land Titles Office. Step 9.C.9 The prpnent sends t INFRAS ne cpy f the Certificate f Title evidencing the registratin f the UTILITY RIGHT OF WAY agreement Page 20 April 2004

24 9. When des INFRAS release the unused prtin f the SECURITY? SECURITY assists INFRAS t ensure that the cnstructin and RECLAMATION activities authrized in a MINISTERIAL CONSENT will be carried ut t INFRAS satisfactin, and that the cnditins f any related agreements (LICENCE r UTILITY RIGHT OF WAY) and the RIGHT OF ENTRY will be met t INFRAS satisfactin. If they are, INFRAS will release the full amunt f the SECURITY t the prpnent. Hwever, if they are nt, and INFRAS must expend funds t bring a prject int cmpliance, thse csts will be deducted frm the SECURITY. The fllwing are examples f csts that may be deducted: RECLAMATION; maintenance f the lands; alignment adjustments; r btaining a legal survey, plan f survey, r CERTIFICATE OF COMPLIANCE. 10. When may INFRAS issue an enfrcement rder? INFRAS may issue an enfrcement rder if an individual r rganizatin cntravenes sectin 4 f Schedule 5 f the Gvernment Organizatin Act (the Act) r the RDA regulatins under the Act (fr enfrcement rder see sectin 5 f Schedule 5 f the Act). An act f cntraventin includes any peratin r activity causing a SURFACE DISTURBANCE f lands within a TUC fr which INFRAS has nt given MINISTERIAL CONSENT (sectin 5 f each f the RDA regulatins). An enfrcement rder may rder the individual r rganizatin t: cease the cntraventin; stp any peratins r shut dwn r stp the peratin f any plant, equipment r structure either permanently r fr a specified perid; r take any ther measures necessary t facilitate cmpliance with the applicable prvisin r prtect r restre the envirnment. An individual r rganizatin that cntravenes an enfrcement rder is guilty f an ffence and is liable fr penalties (sectin 8 f Schedule 5 f the Act). Page 21 April 2004

25 Appendix A Definitins ACCESS COMPONENT - the designated area within a TUC that prvides utility peratrs with unencumbered access t the TUC t install, perate, and maintain utilities. ALBERTA INFRASTRUCTURE (abbreviatin is INFRAS) - the prvincial gvernment department respnsible fr administering the TUC Prgram. BARRIER - a structure cnsisting f either a LANDSCAPE EARTHWORK (BERM) r a majr vertical wall. A BARRIER attenuates nise, r prvides VISUAL SCREENING, r bth. BERM - an EARTHWORK cnsisting f a linear mund. BUFFER COMPONENT - a designated area within a TUC lcated next t a RING ROAD COMPONENT, that is held as a cntingency in areas where additinal RING ROAD rights f way may be required. CERTIFICATE OF COMPLIANCE - a dcument signed by a prfessinal engineer certifying that the prject was carried ut in cmpliance with the cnditins set ut in the MINISTERIAL CONSENT. COMPONENT - a designated area within a TUC where a specific type f use, such as a RING ROAD r pwer line, takes place. CONTOURING - altering the surface elevatin f a land area by cutting, r filling, r bth. It is als referred t as backslping, recnturing, grading, r regrading. CONTOURING results in an EARTHWORK. dba L eq(24) - a mathematical measure frmulated t assess traffic nise impacts. In this expressin, db is the abbreviatin fr decibels and A is a weighting scale fr the pitch cmpnents f nise. L eq cndenses an hur's wrth f nise int a single value. T take int accunt the daily pattern f nise, averaging f L eq 's is dne ver a 24-hur perid. DEFINABLE BENEFIT - a significant advantage t existing, r future PRIMARY USES, r bth that wuld be prvided by a prspective LANDSCAPE EARTHWORK within a TUC. The fllwing are examples f LANDSCAPE EARTHWORKS that wuld prvide a DEFINABLE BENEFIT: A LANDSCAPE EARTHWORK that wuld reduce r eliminate adverse tpgraphy within a prtin f the TUC s that the develpment f the TUC within that prtin is facilitated. Page 22 April 2004

26 A LANDSCAPE EARTHWORK that wuld cnsist f a temprary sil stckpile derived frm subdivisin CONTOURING activities, and Alberta Transprtatin has ntified INFRAS that these surplus sil materials wuld benefit its radway cnstructin. DRAINAGE SWALE - a lw-lying r depressed area cnstructed t cnvey surface runff. EARTHWORK - is cnstructed by excavating int r placing earth nt the surface f the land. Cnstructin f an EARTHWORK results in a SURFACE DISTURBANCE. Typical examples f EARTHWORKS within the TUCs are: radway and interchange embankments and excavatins; sil stckpiles; gephysical peratins; STORMWATER MANAGEMENT FACILITY excavatins needed fr pnds, sediment traps, treatment wetlands, strm sewer trenches, and drainage ditches; trench excavatins fr pipelines; excavatins required fr the cnstructin f pwer lines and telecmmunicatins twers; sand and gravel quarry excavatins; and LANDSCAPE EARTHWORKS. EASEMENT - a right f use acquired by Landwner A fr the benefit f Landwner A s lands ver Landwner B s lands. The EASEMENT prvides Landwner A with a limited right t use Landwner B's lands, fr example the right t crss Landwner B's lands. Landwner A's lands, which receives the benefit, are called the dminant tenement. Landwner B's lands, ver which the right is exercisable, is called the servient tenement. The EASEMENT agreement is registered n the certificate f title f bth Landwners A and B. A plan f survey shwing the lands affected by the EASEMENT is registered at Alberta Land Titles. The registered wner f the dminant tenement (Landwner A) can register a caveat n the certificate f title f the servient tenement (Landwner B) and can cancel the caveat. Landwner B can als cancel the caveat if Landwner B can prve that the interest created by the EASEMENT has expired thrugh the passage f time in accrdance with an explicitly stated prvisin in the EASEMENT. EUB - the acrnym fr the Alberta Energy and Utilities Bard. FILL - an EARTHWORK cnsisting f a nn-linear mund. GST - the acrnym fr the Gds and Services Tax. This tax is n mst gds and services in Canada and is currently 7%. INFRAS - the abbreviatin fr ALBERTA INFRASTRUCTURE. IRREVOCABLE LETTER OF CREDIT - an assurance f funds issued by a financial institutin that cannt be cancelled r changed withut the beneficiary s apprval. Page 23 April 2004

27 LANDSCAPE EARTHWORK - a type f EARTHWORK cnstructed within a TUC that includes: subdivisin-related CONTOURING (cutting, r filling, r bth) that verlaps nt a TUC; subdivisin-related BERMS that functin as NOISE ATTENUATION BARRIERS, and in sme cases als prvide fr VISUAL SCREENING; subdivisin-related DRAINAGE SWALES; temprary sil stckpiles resulting frm subdivisin-related CONTOURING activities; PATHWAYS; and any ther EARTHWORKS that d nt fall under the definitin f SPECIFIED LAND in the Cnservatin and Reclamatin Regulatin under the Envirnmental Prtectin and Enhancement Act. LANDSCAPE EARTHWORK RECLAMATION - all thse actins taken by a prpnent that are essential t ensure that a LANDSCAPE EARTHWORK is a sustainable develpment and its adverse impact n surrunding lands and water features is avided r reduced. These actins include filling with suitable materials, CONTOURING the earth, stckpiling and spreading f tpsil (als in sme cases subsil and verburden), and re-establishing vegetatin equivalent t the pre-disturbance cver. LANDSCAPING - includes the fllwing: cnstructin f LANDSCAPE EARTHWORKS; LANDSCAPE EARTHWORK RECLAMATION; and SUPPLEMENTAL LANDSCAPE PLANTING. LEASE - an agreement that grants exclusive pssessin f lands wned by ne party (the landlrd r lessr) t anther party (the tenant r lessee) fr a perid f time in exchange fr rent r ther cmpensatin. LICENCE - an agreement that grants ne party (the licensee) the privilege t enter nt the lands f the registered wner (the licensr) fr a certain purpse, fr example t dump tpsil n the lands fr a shrt perid f time. Hwever, this privilege by itself des nt give the licensee any title, interest, r estate in the lands. The licensr can terminate the LICENCE agreement. LOW-GROWING VEGETATION - any type f vegetatin (usually shrubs) that des nt exceed a height f 3 metres (10 feet). MINISTERIAL CONSENT - INFRAS, as the TUC administratr, may issue MINISTERIAL CONSENTS fr all TUC lands. (The Minister f Alberta Infrastructure has delegated the authrity t sign MINISTERIAL CONSENTS t certain individuals in INFRAS.) The MINISTERIAL CONSENT sets ut cnditins that ensure that a prpsed peratin, activity, r exercise f pwer is cnsistent with the TUC Prgram, and addresses any ptential Page 24 April 2004

28 cnflicts with existing and future PRIMARY USES. Under the RDA regulatins, INFRAS may issue a MINISTERIAL CONSENT t: any individual r rganizatin t undertake any peratin r activity that is likely t cause a SURFACE DISTURBANCE within a TUC (fr example, utility installatins); any Minister f the Crwn r gvernment fficial t grant an estate r interest in prvincial Crwn lands within a TUC under the Mines and Minerals Act, the Public Lands Act, r any ther Act (fr example, the granting f a UTILITY RIGHT OF WAY); any Minister f the Crwn, gvernment fficial, r gvernment agency t exercise any pwer under the Municipal Gvernment Act, the Pipeline Act, the Water Act, r any ther Act t authrize any peratin r activity that is likely t cause a SURFACE DISTURBANCE within a TUC (fr example, the EUB granting apprval f regulated pwer lines and pipelines); and any Minister f the Crwn, gvernment fficial, r gvernment agency t exercise any pwer under the Municipal Gvernment Act t authrize any twnsite plan, subdivisin plan, r ther plan f survey, r any agreement, transfer, r ther instrument affecting any TUC lands (fr example, registratin f plans by Alberta Land Titles). MINOR LANDSCAPE EARTHWORK - a LANDSCAPE EARTHWORK that INFRAS accepts des nt affect the administratin f the TUC, and des nt impact current r future uses. MUNICIPAL SERVICES COMPONENT - an area within a TUC designated fr the use f minr pwer lines (belw 69 kv); telecmmunicatins lines; and municipal water, sanitary, and strm sewer lines. NOISE ATTENUATION BARRIER - a BARRIER that reduces nise impacts n nearby residents. This structure may be built using either a LANDSCAPE EARTHWORK (BERM) r a majr vertical wall. ORIGINAL USES - actual land uses within prtins f the TUCs that have remained unchanged since the beginning f the TUC Prgram. These ORIGINAL USES include agriculture, residences (mainly riginal farmsteads), and sand and gravel mining. Currently, much f the TUC lands that have retained their ORIGINAL USES are prvincial Crwn lands and are leased ut by INFRAS. Leasing assists with the maintenance f land and generates revenue. As PRIMARY USES and SECONDARY USES are gradually develped, they will displace these ORIGINAL USES. PATHWAY - a linear area within a TUC used by pedestrians, r cyclists, r bth. Within TUC lands a PATHWAY is a SECONDARY USE and a LANDSCAPE EARTHWORK. PIPELINE COMPONENT - an area within a TUC designated fr the use f pipelines. Pipelines are a type f PRIMARY USE. Page 25 April 2004