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BONSHAW HILLS WOODLANDS NATURAL AREA Jan 2016 NAPA agreement for PID’s 1071638 and 1074061.
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BONSHAW HILLS WOODLANDS NATURAL AREA … HILLS WOODLANDS NATURAL AREA Jan 2016 ... in Liber 231 Folio 54 being outlined in red on Gulf Surveys Drawing No. 1387 from which the

Jun 12, 2018

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Page 1: BONSHAW HILLS WOODLANDS NATURAL AREA … HILLS WOODLANDS NATURAL AREA Jan 2016 ... in Liber 231 Folio 54 being outlined in red on Gulf Surveys Drawing No. 1387 from which the

BONSHAW HILLS WOODLANDS NATURAL AREA Jan 2016

NAPA agreement for PID’s 1071638 and 1074061.

Page 2: BONSHAW HILLS WOODLANDS NATURAL AREA … HILLS WOODLANDS NATURAL AREA Jan 2016 ... in Liber 231 Folio 54 being outlined in red on Gulf Surveys Drawing No. 1387 from which the

THIS AGREEMENT made this ______ day of ________________ , 2016. BETWEEN:

GOVERNMENT OF PRINCE EDWARD ISLAND, as represented by the Minister of Transportation, Infrastructure and Energy,

(hereinafter referred to as the “Minister”)

OF THE FIRST PART AND:

GOVERNMENT OF PRINCE EDWARD ISLAND, as represented by the Minister of Communities, Land and Environment,

(hereinafter referred to as the “Environment Minister”)

OF THE SECOND PART AND:

GOVERNMENT OF PRINCE EDWARD ISLAND, as represented by the Minister of Economic Development and Tourism,

(hereinafter referred to as the “Tourism Minister”)

OF THE THIRD PART WHEREAS the Minister is the owner in fee simple of the property identified as property numbers PID 1071638 and 1074061 lying and being in Lot or Township Number Thirty (30) in Queens County, Province of Prince Edward Island, and more particularly described in Schedule “A” attached herein (hereinafter referred to as the “Properties”); AND WHEREAS the Tourism Minister is responsible for management and care of the Properties; AND WHEREAS the Environment Minister seeks to enter into an agreement with the Minister and the Tourism Minister in order that the Environment Minister may designate the Properties as a Natural Area pursuant to clause 3(1)(a) of the Natural Areas Protection Act, R.S.P.E.I. 1988, Cap. N-2; AND WHEREAS the Minister and Tourism Minister, are desirous of having the land managed in accordance with the management plan attached and marked as Schedule “B”; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT: In consideration of the mutual covenants and the mutual developments to be derived herein; (I) The Minister hereby grants to the Environment Minister and the Environment

Minister hereby acquires an interest in the Properties to the extent that the Environment Minister may designate them, with the exception of buildings or structures thereon, as a Natural Area pursuant to clause (3)(1)(a) of the Natural Areas Protection Act, R.S.P.E.I. 1988, Cap. N-2 with all the restrictions, benefits and other legal consequences which currently or in the future flow therefrom; and

(ii) The Minister hereby agrees to allow the implementation of the management plan

as set out in Schedule “B” attached hereto; and (iii) The Environment Minister hereby agrees to designate the Properties as a Natural Area as set out in Schedule “C” attached hereto.

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…/ continued…

-2- THIS AGREEMENT SHALL ENURE to the benefit of and be binding upon the parties herein, their successors and assigns forever. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals on the day and year first above written. SIGNED, SEALED & DELIVERED ) Government of Prince Edward Island, in the presence of: ) as represented by the Minister of ) Transportation, Infrastructure and ) Energy ) ) ___________________________ ) ____________________________ Witness ) Paula J. Biggar

) ) SIGNED, SEALED & DELIVERED ) Government of Prince Edward Island, in the presence of: ) as represented by the Minister of

) Communities, Land and Environment )

) _____________________________ ) ______________________________ Witness ) Robert J. Mitchell ) ) SIGNED, SEALED & DELIVERED ) Government of Prince Edward Island, in the presence of: ) as represented by the Minister of

) Economic Development and Tourism )

_____________________________ ) ______________________________ Witness ) J. Heath MacDonald ) )

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SCHEDULE “A” PID #1071638

PARCEL #1

ALL THAT PARCEL OF LAND situate, lying and being on Lot or Township number Thirty

(30) in Queens County in the Province of Prince Edward Island, bounded and described as

follows, that is to say:

BOUNDED on the North by land formerly leased to Duncan Bell, and afterwards conveyed by

the Commissioner of Public Lands to Duncan MacPhee;

ON the South by the Ryhmney or West River;

ON the East by land owned by Cyrus Crosby; and

ON the West by land formerly leased to James Conway, now in the possession of Edward

Conway, containing by estimation FORTY-EIGHT (48) ACRES of land a little more or less,

agreeably to a plan on the margin of a deed from the Commissioner of Public Lands to Dennis

Bolger, bearing date the 24th

day of September A.D. 1909 and being thus described in a deed of

conveyance from Frank Carragher to John P. Sweeney dated July 25th

, 1961 and registered July

25, 1961 in Liber 146 Folio 462.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM all that parcel of land

situate, lying and being on Lot or Township number Thirty (30) in Queens County in the

Province of Prince Edward Island, bounded and described as follows, that is to say:

COMMENCING at a legal survey marker set in the Eastern boundary of a property now or

formerly in the possession of John Conway and having co-ordinates East 409060.26 and North

320262.52;

THENCE N 12° 16' 30" W along the Eastern boundary of said property now or formerly in the

possession of John Conway for the distance of Five Hundred and Twenty-eight point Eighty-five

(528.85) feet to a legal survey marker having co-ordinates East 408947.82 North 320779.29;

THENCE crossing the Bolger Park Road and continuing N 14° 01' 44" W along the Eastern

boundary of property now in the possession of Jack M. Gallant for the distance of One Thousand

Six Hundred and Sixty-five (1,665) feet or to the Southern boundary of a brook running through

the above described property Parcel No. 1;

THENCE Northeastwardly and Southeastwardly following the Southern boundary of the

aforesaid brook to the Eastern boundary of the above described Parcel No. 1;

THENCE southwardly along the Eastern boundary of said Parcel No. 1 for the distance of Eight

Hundred and Seventy-five (875) feet to the Northern boundary of the Bolger Park Road;

THENCE crossing the said Bolger Park Road and continuing Southwardly along the Eastern

boundary fo said Parcel No. 1 for the distance of the nine Hundred (900) feet to the Northern

boundary of the Rhymney or West River;

THENCE Southwestwardly along the Northern boundary of the Rhymney or West River for the

distance of the Eight Hundred (800) feet or to the legal survey marker at the place of

commencement.

CONTAINING by estimation Twenty-seven (27) Acres of land a little more or less being

outlined in green on Gulf Surveys Ltd. Drawing No. 1387 certified by Robert A. Tait, P.E.I. L.S.

and dated February 7, 1983, a copy being on file in the office of the Registrar of Deeds for

Queens County as Plan No. 5015.

PARCEL #2 ALSO all that parcel of land situate, lying and being on Lot #30 aforesaid, bounded and

described as follows, that is to say:

COMMENCING at the Southwest angle of land lately in possession of Patrick McKenna on the

North side of the Road leading from Crosby’s Mills to Charlottetown;

THENCE North Eighty-four (84) chains or until it meets the Ryhmney River;

THENCE following the various courses thereof down the stream Southwardly until it meets the

East boundary of Mr. Crosby’s (the Grantor) Mill Farm;

THENCE South Twenty-six (26) chains or until it meets the said River;

THENCE following the course thereof Southwardly to the said Road;

THENCE following the courses of the said Road Eastwardly to the place of commencement

containing EIGHTY (80) ACRES of land a little more or less (subject to the right of Ernest L.

Crosby’s, his heirs and assigns to the use of the pipe line from the spring near the Southern

boundary of the tract hereinbefore described to the said Ernest L. Crosby’s land as contained in

an indenture dated the 15th

day of June, 1921 made between the said George Abner Crosby of the

… Schedule A continued…

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one part and the said Ernest L. Crosby of the other part being thus described in a deed of

conveyance dated 30th

day of August, 1922 from George Abner Crosby and wife to Everett

Heath Crosby.

PARCEL #3 ALSO all that parcel of land situate, lying and being on Lot #30 aforesaid, bounded and

described as follows, that is to say:

Page 2 - #208628

ON the West by lands owned or occupied by John MacPhee, Frank Carragher, (formerly Dennis

Bolger) and John Conway (formerly Edward Conway);

ON the South by the Main Road leading from Crosby’s Mill to Charlottetown known as the

Green Road; and

ON the East by a tract of Eighty (80) acres being sold by Everett H. Crosby to the Grantor;

EXCEPTING AND RESERVING from the 100 acres tract described above a plot of land upon

which the dwelling house and certain outbuilding of the said Everett Heath Crosby are situate,

the said plot being described as follows:

BOUNDED on the South by the Green Road;

ON the West by land owned or occupied by John Conway;

ON the North and East by a road or passageway which leads from the Green Road in a

Northwesterly direction to the Mills (known as Crosby’s Mills) and bounded on the North also

by the Mill Pond; and

EXCEPTING AND RESERVING to the said Grantor and his heirs a plot of land conveyed by

Edward Conway to Heath E. Crosby by deed of conveyance dated 9th

July, 1918, and registered

in Liber 72 Folio 931, in the Registry Office and there being reserved to the Grantor and his heirs

a free and uninterrupted right of way for persons, animals and vehicles through, along and over

the present road or driveway to and from the said Green Road and from and to the present Mill

Buildings.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM a tract of land

comprising 14 and 8/10 acres of land as described in a deed of conveyance from the Grantor

herein and his wife to HER MAJESTY the Queen, dated 2nd

August, 1954, registered 24th

August, 1954, in Liber 135 Folio 554; and

EXCEPTING ALSO THEREOUT AND THEREFROM a tract of land comprising 45 and

3/10 acres as described in a deed of conveyance from the Grantor herein and his wife to John and

Milford Buchanan dated 18th

October, 1955 and registered 26th

March, 1956 in Liber 138 Folio

192 and being thus described in a deed of conveyance from Garth Elliott Walton to Richard M.

Sweeney dated August 15, 1966 and registered August 16, 1966 in Liber 157 Folio 182.

RESERVING also to the Grantor for and during the term of his natural life, one acre of land, to

be located as mutually agreed.

BEING the lands described in a deed from Richard Fortier Mingo Sweeney to Edwin F. Moran,

Jr. And Kathleen M. Moran dated the 15th

day of November A.D. 1970 and registered in the

office of the Registrar of Deeds for Queens County on the 16th

day of November A.D. 1970 in

Liber 168 Folio 168.

ALSO BEING the lands described in a deed from Edwin F. Moran, Jr. and Kathleen M. Moran

to A. Raymond Grant and G. Joan Grant dated the 19th

day of January A.D. 1977 and registered

in the office of the Registrar of Deeds for Queens County on the 27th

day of January A.D. 1977

in Liber 231 Folio 54 being outlined in red on Gulf Surveys Drawing No. 1387 from which the

lands outlined in green have been retained by A. Raymond Grand and G. Joan Grant as joint

tenants.

PARCELS #1, #2 AND #3 ABOVE BEING the lands contained in Deed of Correction from A.

Raymond Grant and G. Joan Grant to Daniel Alan Grant dated May 13, 1987, and registered in

the Office of the Registrar of Deeds for Queens County on May 13, 1987, in Liber 474 Folio 36,

as Document Number 2690.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM all the lands lying

West of the Rhymney or West River.

… Schedule A continued…

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PID #1074061

PARCEL #1

ALL THAT PARCEL OF LAND situate, lying and being on Lot or Township number Thirty

(30) in Queens County in the Province of Prince Edward Island, bounded and described as

follows, that is to say:

BOUNDED on the North by land formerly leased to Duncan Bell, and afterwards conveyed by

the Commissioner of Public Lands to Duncan MacPhee;

ON the South by the Ryhmney or West River;

ON the East by land owned by Cyrus Crosby; and

ON the West by land formerly leased to James Conway, now in the possession of Edward

Conway, containing by estimation FORTY-EIGHT (48) ACRES of land a little more or less,

agreeably to a plan on the margin of a deed from the Commissioner of Public Lands to Dennis

Bolger, bearing date the 24th

day of September A.D. 1909 and being thus described in a deed of

conveyance from Frank Carragher to John P. Sweeney dated July 25th

, 1961 and registered July

25, 1961 in Liber 146 Folio 462.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM all that parcel of land

situate, lying and being on Lot or Township number Thirty (30) in Queens County in the

Province of Prince Edward Island, bounded and described as follows, that is to say:

COMMENCING at a legal survey marker set in the Eastern boundary of a property now or

formerly in the possession of John Conway and having co-ordinates East 409060.26 and North

320262.52;

THENCE N 12° 16' 30" W along the Eastern boundary of said property now or formerly in the

possession of John Conway for the distance of Five Hundred and Twenty-eight point Eighty-five

(528.85) feet to a legal survey marker having co-ordinates East 408947.82 North 320779.29;

THENCE crossing the Bolger Park Road and continuing N 14° 01' 44" W along the Eastern

boundary of property now in the possession of Jack M. Gallant for the distance of One Thousand

Six Hundred and Sixty-five (1,665) feet or to the Southern boundary of a brook running through

the above described property Parcel No. 1;

THENCE Northeastwardly and Southeastwardly following the Southern boundary of the

aforesaid brook to the Eastern boundary of the above described Parcel No. 1;

THENCE southwardly along the Eastern boundary of said Parcel No. 1 for the distance of Eight

Hundred and Seventy-five (875) feet to the Northern boundary of the Bolger Park Road;

THENCE crossing the said Bolger Park Road and continuing Southwardly along the Eastern

boundary fo said Parcel No. 1 for the distance of the nine Hundred (900) feet to the Northern

boundary of the Rhymney or West River;

THENCE Southwestwardly along the Northern boundary of the Rhymney or West River for the

distance of the Eight Hundred (800) feet or to the legal survey marker at the place of

commencement.

CONTAINING by estimation Twenty-seven (27) Acres of land a little more or less being

outlined in green on Gulf Surveys Ltd. Drawing No. 1387 certified by Robert A. Tait, P.E.I. L.S.

and dated February 7, 1983, a copy being on file in the office of the Registrar of Deeds for

Queens County as Plan No. 5015.

PARCEL #2 ALSO all that parcel of land situate, lying and being on Lot #30 aforesaid, bounded and

described as follows, that is to say:

COMMENCING at the Southwest angle of land lately in possession of Patrick McKenna on the

North side of the Road leading from Crosby’s Mills to Charlottetown;

THENCE North Eighty-four (84) chains or until it meets the Ryhmney River;

THENCE following the various courses thereof down the stream Southwardly until it meets the

East boundary of Mr. Crosby’s (the Grantor) Mill Farm;

THENCE South Twenty-six (26) chains or until it meets the said River;

THENCE following the course thereof Southwardly to the said Road;

THENCE following the courses of the said Road Eastwardly to the place of commencement

containing EIGHTY (80) ACRES of land a little more or less (subject to the right of Ernest L.

Crosby’s, his heirs and assigns to the use of the pipe line from the spring near the Southern

boundary of the tract hereinbefore described to the said Ernest L. Crosby’s land as contained in

an indenture dated the 15th

day of June, 1921 made between the said George Abner Crosby of the

… Schedule A continued…

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one part and the said Ernest L. Crosby of the other part being thus described in a deed of

conveyance dated 30th

day of August, 1922 from George Abner Crosby and wife to Everett

Heath Crosby.

PARCEL #3 ALSO all that parcel of land situate, lying and being on Lot #30 aforesaid, bounded and

described as follows, that is to say:

BOUNDED on the North by land owned or occupied by John MacPhee;

ON the West by lands owned or occupied by John MacPhee, Frank Carragher, (formerly Dennis

Bolger) and John Conway (formerly Edward Conway);

ON the South by the Main Road leading from Crosby’s Mill to Charlottetown known as the

Green Road; and

ON the East by a tract of Eighty (80) acres being sold by Everett H. Crosby to the Grantor;

EXCEPTING AND RESERVING from the 100 acres tract described above a plot of land upon

which the dwelling house and certain outbuilding of the said Everett Heath Crosby are situate,

the said plot being described as follows:

BOUNDED on the South by the Green Road;

ON the West by land owned or occupied by John Conway;

ON the North and East by a road or passageway which leads from the Green Road in a

Northwesterly direction to the Mills (known as Crosby’s Mills) and bounded on the North also

by the Mill Pond; and

EXCEPTING AND RESERVING to the said Grantor and his heirs a plot of land conveyed by

Edward Conway to Heath E. Crosby by deed of conveyance dated 9th

July, 1918, and registered

in Liber 72 Folio 931, in the Registry Office and there being reserved to the Grantor and his heirs

a free and uninterrupted right of way for persons, animals and vehicles through, along and over

the present road or driveway to and from the said Green Road and from and to the present Mill

Buildings.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM a tract of land

comprising 14 and 8/10 acres of land as described in a deed of conveyance from the Grantor

herein and his wife to HER MAJESTY the Queen, dated 2nd

August, 1954, registered 24th

August, 1954, in Liber 135 Folio 554; and

EXCEPTING ALSO THEREOUT AND THEREFROM a tract of land comprising 45 and

3/10 acres as described in a deed of conveyance from the Grantor herein and his wife to John and

Milford Buchanan dated 18th

October, 1955 and registered 26th

March, 1956 in Liber 138 Folio

192 and being thus described in a deed of conveyance from Garth Elliott Walton to Richard M.

Sweeney dated August 15, 1966 and registered August 16, 1966 in Liber 157 Folio 182.

RESERVING also to the Grantor for and during the term of his natural life, one acre of land, to

be located as mutually agreed.

BEING the lands described in a deed from Richard Fortier Mingo Sweeney to Edwin F. Moran,

Jr. And Kathleen M. Moran dated the 15th

day of November A.D. 1970 and registered in the

office of the Registrar of Deeds for Queens County on the 16th

day of November A.D. 1970 in

Liber 168 Folio 168.

ALSO BEING the lands described in a deed from Edwin F. Moran, Jr. and Kathleen M. Moran

to A. Raymond Grant and G. Joan Grant dated the 19th

day of January A.D. 1977 and registered

in the office of the Registrar of Deeds for Queens County on the 27th

day of January A.D. 1977

in Liber 231 Folio 54 being outlined in red on Gulf Surveys Drawing No. 1387 from which the

lands outlined in green have been retained by A. Raymond Grand and G. Joan Grant as joint

tenants.

PARCELS #1, #2 AND #3 ABOVE BEING the lands contained in Deed of Correction from A.

Raymond Grant and G. Joan Grant to Daniel Alan Grant dated May 13, 1987, and registered in

the Office of the Registrar of Deeds for Queens County on May 13, 1987, in Liber 474 Folio 36,

as Document Number 2690.

EXCEPTING AND RESERVING THEREOUT AND THEREFROM all the lands lying

East of the Rhymney or West River conveyed to the Government of Prince Edward Island in

Deed of Conveyance dated September 4, 2014, and registered in the Office of the Registrar of

Deeds for Queens County on September 9, 2014, as Document Number 5596.

… Schedule A continued…

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AND EXCEPTING AND RESERVING THEREOUT AND THEREFROM all that parcel of

land lying and being on Lot #30 aforesaid, bounded and described as follows, that is to say:

COMMENCING at a point on the Southern boundary of the Bolger Park Road at the

Northeastern angle of lands now or formerly in the possession of Anne Barlett identified by PID

#925057;

THENCE in a Northeastwardly and Northwestwardly direction along the boundary of the

Bolger Park Road for a distance of approximately One Thousand and Eighty feet (1080'±) or to

the centre line of a stream;

THENCE in an Eastwardly direction along the centre line of the stream to the Western bank of

the Rhymney or West River;

THENCE in a Southwardly direction along the Rhymney or West River to the lands now or

formerly in the possession of Anne Barlett;

THENCE in a Northwardly direction along the lands now or formerly in the possession of Anne

Barlett to the Southern boundary of the Bolger Park Road or the point at the place of

commencement.

BEING AND INTENDED to be a parcel of approximately 23 acres of land lying between the

Bolger Park Road and the Rhymney or West River to be retained by the Grantors, Grace Joan

Agnes Grant and Daniel Alan Grant.

And as illustrated on the appended map Schedule “A1".

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Schedule ‘A1"

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SCHEDULE “B”

BONSHAW HILLS WOODLANDS NATURAL AREA

DEFINITIONS Active Living is is a combination of physical activity and recreation activities aimed at the general public to encourage a healthier lifestyle. Natural Area has the meaning as set out in the Natural Areas Protection Act. It includes both Property Core, and if present, Property Buffer. Property Core Area or Core means that area containing the primary feature, the West River Riparian Zone and mature upland forest, which is the principal reason for protection of the Natural Area, and is identified in North to South lines on the attached map. Property Buffer Area or Buffer means the area of the property surrounding and/or adjacent to the Core, and of which none is present on this property. Property Area or Site Area means the total area within the boundaries of the property as set out in Schedule “A” and consists of both the Property Core Area, and if present, the Property Buffer Area. Total Site Area is the collective site area of all properties identified for designation under the Natural Areas Protection Act, making up the entire Bonshaw Hills Woodlands Candidate Natural Area. Recreational Activities include walking, hiking, mountain biking, skiing, snowshoeing, berry picking, birding and other non-motorized activities. S-rank is a code which identifies the species and community rarity or conservation status at a sub-national (provincial) scale. In this document:

S1 means - Extremely rare, may be especially vulnerable to extirpation (typically 5 or fewer occurrences or very few remaining individuals); S2 means - Rare, may be vulnerable to extirpation due to rarity or other factors (6 to 20 occurrences or few remaining individuals); S3 means - Uncommon, or found only in a restricted range, even if abundant at some locations (21 to 100 occurrences); SE - Exotic, an exotic established in the province (e.g., Purple Loosestrife or Coltsfoot); may be native in nearby regions; SNA - Not Applicable, a species that is not a suitable target for conservation activities.

Note: The species and community S-rank codes are developed by the Atlantic Canada Conservation Data Centre in consultation with Provincial, Federal and Non-government experts. These experts establish the S-ranks based on the best available knowledge which includes the number of occurrences as well as other data. The data are maintained at the Atlantic Canada Conservation Data Centre. Watercourse Boundary means

(i) in a non-tidal watercourse, the edge of the sediment bed, and (ii) in a tidal watercourse, the top of the bank of the watercourse, and where

there is no discernible bank, means the mean high water mark.

…/Schedule B continued…

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MANAGEMENT PRINCIPLES Natural Areas will be managed in accordance with the following principles: 1. All areas will be protected and managed to perpetuate or improve the natural

features for which they are recognized. 2. Development of the Natural Area will be restricted to those activities which

accommodate uses yet recognize the need for protection. This will include educational activities while ensuring the health and safety of those visiting the site.

3. Use of the Natural Area will be in keeping with the protection of the natural

features for which the site was recognized. 4. A minimum non-development buffer of 60 metres will be incorporated as part of a

Natural Area where appropriate and when opportune and managed accordingly. 5. Existing development within the Natural Area that does not conform to the other

management principles will be tolerated. All new development must conform to these principles.

6. Within the riparian zone, development will only be permitted for those activities

approved under the Operations / Conservation Plan. 7. Activities such as hunting, trapping, fishing and berry-picking are permitted,

subject to the conditions and restrictions set out herein and all other applicable legislation.

MANAGEMENT GUIDELINES

The core area contains stands of mature tolerant hardwoods that have never been ploughed and have had little to no selective cutting. Additionally, it contains the main branch of the West River just above the head-of-tide. Virtually all of the land is steeper than 9 % gradient and listed on the steep land inventory. It also contains uncommon elements such as old eastern hemlock and white pine. The site will be managed to promote the development of long-lived tolerant hardwood and mixed wood Acadian forest, and the wildlife associated with these upland and riparian habitats. Site management will allow for active living and education, while recognizing the need for protection of the natural environment. This may include trail development or maintenance for walking, mountain-biking and angling predominantly on existing infrastructure. Given the steepness of terrain and susceptibility to erosion, care will be taken to minimize activities within the riparian zone, 100 metres from the watercourse boundary, as measured on the horizontal axis.

…/Schedule B continued…

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NATURAL AREA MANAGEMENT PLAN SITE: Bonshaw Hills Woodlands Natural Area CLASS: Biological PROPERTY NUMBER: PID 1071638 and 1074061 PROPERTY OWNER: Government of Prince Edward Island DESIGNATION DATE: Natural Areas Protection Act -____________, 2016 EXISTING USE: Forest PROPOSED USE: Natural Area PROPERTY AREA: PID 1071638 26.8 ha (66.2 ac) PID 1074061 25.0 ha (61.8 ac) SITE AREA: PID 1071638 26.8 ha (66.2 ac) PID 1074061 25.0 ha (61.8 ac) PROPERTY CORE AREA: PID 1071638 26.8 ha (66.2 ac) PID 1074061 25.0 ha (61.8 ac) PROPERTY BUFFER AREA: PID 1071638 0.0 ha (0.0 ac) PID 1074061 0.0 ha (0.0 ac) TOTAL SITE AREA: 180.2 ha (445.3 acres) MANAGING AGENCY: Department of Economic Development and Tourism

its successors and assigns, and such other parties as may be determined through agreement.

DESCRIPTION: These woodland properties are part of the Bonshaw Hills area of Queen’s County. The terrain is steep, with gradients steeper than 9 % on virtually all land. The riparian zone in most areas has not been cut and contains mature eastern hemlock, red spruce and white pine as well as red maple and yellow birch, with an understory of ground hemlock and fern communities. GOALS: The mature upland and riparian forest zone core will be managed to maintain high quality wildlife habitat, while accommodating active living and nature education experiences. The riparian zone of the West River will be managed to maintain and restore high quality fresh, coldwater aquatic habitat. The mature tolerant and intolerant hardwood forests will be managed to perpetuate and conserve native long-lived forest plants and associated animal species. Improvements within the Properties may be undertaken to enhance wildlife habitat for native species and protect the core from motorized access via existing woods roads. Active living infrastructure (e.g., trails, signage) will complement the conservation goals. OBJECTIVES: 1. To conserve and enhance the upland and riparian zone forest communities and

the West River coldwater aquatic community. 2. To manage the Properties to conserve the long-lived shade tolerant trees of the

Acadian forest type. 3. To maintain access for active living purposes that complement conservation

goals. 4. To allow recreational activities which cause minimal ground and vegetation

damage. MANAGING ACTIVITIES: The following are general managing activities: 1. Property boundary lines for the Natural Area may be determined and delineated. 2. The Natural Area may be monitored from time to time in an effort to prevent

illegal activity, assess forest stand health and gather information and to …/Schedule B continued…

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-4- collaborate with academic institutions toward that end. 3. Interpretive information on the Natural Area may be prepared and made available

for the public. 4. Open fire burning is prohibited on these lands. Prohibitions are specified in Natural Areas Protection Act Regulations. The following managing activities are exceptions to the regulations and unless specified, they apply to both core and buffer: 5. Signs may be erected for educational purposes to identify the area as a Natural

Area or to identify recreational corridors. 6. Inventory work which allows for specimen and/or data collection for educational

and scientific purposes including but not limited to: (i) Collection of plants with S1, S2 or S3 in their sub-national rarity ranks (s-rank) listing with the Atlantic Canada Conservation Data Centre, not to exceed a maximum of one individual collected for every 20 individuals found; or (ii) Collection of animals for educational and scientific purposes shall be in accordance with Provincial and Federal legislation.

7. Plants with SE or SNA in their S-rank listing with the Atlantic Canada Conservation Data Centre may be manually cut, mulched, or removed as biologically appropriate.

8. Stream improvement could be carried out to enhance fish habitat provided it does not interfere with the management goals and is carried out under an approved Operations / Conservation Plan and Watercourse, Wetland and Buffer Zone Activity Permit.

9. Long-lived tolerant forest community enhancement practices, such as retention of coarse woody material and large trees for cavity nesters,and installation of nesting boxes for cavity nesters will be encouraged.

10. The planting of native species appropriate to long-lived tolerant forest communities may be encouraged.

11. Silviculture treatments designed to improve the health and diversity of the long-lived tolerant forest in the core and to reinstate it in the buffer will be allowed provided a sustainable forest management plan has been approved and this plan meets or exceeds the standards of the P.E.I. Forests, Fish and Wildlife Division’s Ecosystem Based Forest Management Manual. No legacy trees (i.e. a standing live tree with great size (diameter and/or height), old age, historical value, or rarity) may be removed from the stand unless they constitute a danger to the users of trails. The forest management plan must be approved by the Managing Agency in consultation with the public, Mi’kmaq Confederacy of PEI and the Natural Areas Protection Act Technical Advisory Committee.

12. Forest fires will be actively fought both inside and outside the Natural Area. 13. Creation, maintenance and use of trails,1 metre wide, natural terrain paths

intended for single file walking, mountain biking and angling access and associated infrastructure is allowed subject to an Operations / Conservation Plan approved by the Managing Agency and the Natural Areas Protection Act Technical Advisory Committee.

14. New development is only permitted outside the riparian zone, 100 metres from the watercourse boundary, as measured on the horizontal axis.

15. Motorized vehicles including all-terrain vehicles and snowmobiles are prohibited, except for motorized equipment used to achieve the forest conservation and access objectives identified in this Natural Area Management Plan for this Properties. Such use is restricted to:

(a) mechanized equipment used to complete silviculture treatments: or …/Schedule B continued…

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(b) the suppression of wildfires; or (c) the creation or maintenance of a single, 1 metre wide, natural terrain path intended for a single file hiker or cyclist.

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SCHEDULE “C”

ORDER OF DESIGNATION OF CROWN LAND AS A NATURAL AREA

WHEREAS pursuant to the Natural Areas Protection Act, R.S.P.E.I. 1988, Cap.N-2 S 3(1)(a), I am empowered to designate any area of Crown land as a Natural Area;

AND WHEREAS the area of Crown land identified by property numbers PID 1071638 and 1074061 lying and being in Lot or Township Number Thirty (30) in Queens County, Province of Prince Edward Island, and more particularly described in Schedule “A” attached hereto has been identified as an area which merits protecting and preserving; AND WHEREAS the Crown landowner, the Minister of Transportation, Infrastructure and Energy, is in agreement with the said lands being designated as a Natural Area and is desirous of having the land managed in accordance with the management plan attached and marked as Schedule “B”; AND WHEREAS I have published the required notice and considered public representations as required by Natural Areas Protection Act clause 3(4); I THEREFORE HEREBY ORDER that Crown lands identified as property numbers PID 1071638 and 1074061 lying and being in Lot or Township Number Thirty (30) in Queens County, Province of Prince Edward Island, and more particularly described in Schedule “A” attached herein are designated as a Natural Area. DATED this day of , 2016. __________________________________ ________________________________ Witness Robert J. Mitchell

Minister Department of Communities, Land and Environment