Using New Brunswick Crown Lands

PART IIICrown Land LeaseWind FarmSHOULD YOUR APPLICATION BE APPROVEDOnce your application is evaluated and approved, a letter from the Department of Natural Resourcesand Energy Development will inform the applicant of other requirements which may include thefollowing:Requirements that WILL be requested upon approval of the application1. Survey Plan:The applicant shall, at their own expense, have a New Brunswick LandSurveyor prepare a coordinated plan of survey or subdivision plan on whichcoordinates shown were derived from ties to adjusted NB Monuments or HPNMonuments, along with a description of the surveyed area, and submit these to theDepartment for approval.Requirements that MAY be requested upon approval of the application2. Notification and Consent of an Existing Right Holder: Where the lands applied for are alreadyleased, consent of the lessee will be required, and the wind farm applicant will beobliged to pay all costs associated with amendment of the existing lease, includingsurvey and registration of amended leases.3. Environmental Requirements:Any infrastructure on the lands is to be constructed andmaintained to minimize loss of flora, fauna or aquatic life.4. Public Consultation: The applicant may be required to advertise the proposal in the localnewspapers or satisfy other public consultation requirements.5. Environmental Impact Assessment (EIA): A copy of an Environmental Impact Assessmentdetermination letter from the Department of Environment and Local Government maybe required before the lease is issued.6. Permits and Authorizations: All relevant Provincial, Federal or Municipal legislation must beadhered to, and the lessee must obtain all the necessary permits, licenses orauthorizations prior to any work done on the lands, including but not limited to aWatercourse and Wetland Alteration Permit, Tower Marking and Lighting, OversizedLoad Permit, etc.7. Registration of Lease: The Department may require the applicant to obtain either an approvalor an exemption under the Community Planning Act for registration of the parcelcreated by the lease, and register the lease and submit proof of registration within aspecified time period.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 51-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART IIICrown Land LeaseWind FarmRequirements that WILL be requested upon issuance of the lease:8. Environmental Insurance: Environmental Remediation Insurance must be purchased andmaintained by the Lessee. It is intended to cover the cost of rehabilitating the Crownland should an environmental accident occur.9. Associated Licence to Occupy Fee: 862.50 non-refundable ( 750.00 plus 1 1 2 . 5 0 HST)for the application fee. Fee charged for any Licence of Occupation issued for theconstruction and operation of access and transmission lines between individual turbinesites. Annual rental will also apply.10. Annual Rent: Rents are invoiced annually on April 1, established in accordancewith the Lands Administration Regulation, Crown Lands and Forests Act andare subject to change.11. Annual Property Taxes: The Lessee is responsible for paying the annual property taxes onthe Leased property.12. Liability Insurance: Liability insurance in the amount of 5,000,000.00 per incident, listing“Her Majesty the Queen in Right of the Province of New Brunswick as represented bythe Minister of Natural Resources” as additional-insured. A copy of the policy, and acertificate of insurance, must be provided to the Department upon request.13. Site Development Plan: The SDP has to be amended and re-approved by DNR if the windfarm area is modified or before any works, other than those approved in the originalSDP, are undertaken on the site.14. Site Inspections: All newly authorized wind farms will be inspected by DNR staff on an annualbasis, until the wind farm is fully developed and becomes operational, as indicated onthe development timeline in the approved Site Development Plan. Existing wind farmswill be inspected by DNR staff prior to renewal, and upon cancellation, or at any othertime DNRED deems necessary.15. Annual Report:Right holders must submit an annual report to CLB, outlining monthlyproduction statistics (if operational); meteorological data collected on site, i.e. averagemeasured wind speed; results of any ongoing environmental monitoring; any publicsafety issues; and other concerns.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 61-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART IIICrown Land LeaseWind Farm16. Public Safety:Right holders shall be responsible for the installation and upkeep of safetyfencing and public safety information signs around the bases of wind turbines,substations and associated infrastructure.Other terms and conditions may apply.All costs associated with “requirements” are the responsibility of the applicant.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 71-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART IVCrown Land LeaseWind FarmHOW TO APPLYPart IV is designed to help you complete the Application Form for a Crown Land Wind Farm Lease(Part V). The order of information contained in Part IV corresponds with the order of requestedinformation on the Lease Application Form.Section A - ApplicantThe name on the application form is the name that will be used on the legal agreement. The onlyfields that are optional are the e-mail, fax and cellular phone.Language: verbal and written correspondence will be available in the official language ofyour choice.Applicant Status: if you represent an incorporated body, please provide a copy of theCertificate of Incorporation for your organization, as well as names and titles of signingofficers.Section B - Intended use of the landB1 - Indicate whether you will require an associated licence (as per page 5 of this package) or atemporary construction licence (refer to page 3).B2 - Describe in detail the current use of the land. If needed, include an attachment with moredetails. Ensure that this attachment is identified as question B2.B3 - Indicate whether transmission lines need to be erected to go to or from the wind farm site. Ifthey do, and Crown land is involved, indicate whether a separate easement application hasbeen submitted. If needed, include an attachment with more details. Ensure that thisattachment is identified as question B3.B4 -Indicate if there are any site-specific concerns, such as Protected Natural Areas (PNAs),park land, quarries or mining sites, etc. Also, if the anticipated production rating is greaterthan 3 MW, indicate whether you have registered with the Department of Environment andLocal Government for completion of an Environmental Impact Assessment. If needed,include an attachment with more details. Ensure that this attachment is identified asquestion B4.B5 - If petroleum products or hazardous products will be stored on site, specify the quantity. Ifthe storage capacity is 2000 L (528 gal) or more, you will need to obtain a license from theDepartment of Environment and Local Government.Section C - LocationC1 - Provide an estimate of the size of the proposed area (in hectares).Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 81-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART IVCrown Land LeaseWind FarmC2 - A PID number is a Parcel IDentifier number that identifies all properties in New Brunswick.You must provide the PID number of the property on your application form. You can obtainthis number at your local Service New Brunswick Registry and Mapping office. If for anyreason this property has not been assigned a PID number, please indicate the PID numberof an adjacent property.C3 - Identify County and Parish for this property.Section D - Site DescriptionD1 - Identify the adjacent properties, what they are used for and who are the owners.D2 - Identify any landmarks (i.e. watercourses or structures, etc.) near the site, give the names.Give the distance of the landmark from the site. What kind of watercourse: stream, swamp,river, ocean, or lake. You may be required to obtain a Watercourse and Wetlands AlterationPermit from the Department of Environment and Local Government. This information will begiven to you once the review process is completedD3 - Is there a road accessing the land? Give its name and specify: highway, secondary road,private road, forest road, or other.D4 - If a road is accessing the land, describe its condition (ie: good, fair, poor).D5 - Can you access this land year round?D6 - Is there evidence of present occupation on the land? This could be any structure or activitythat may indicate that the site is presently used or occupied.D7 - What type of vegetation covers the land?Forest: tree coverClear cut: all trees are cutPartial cut: some trees are cutField: open areaD8 - Is there any evidence of boundary lines on the land?Evidence: May be a fence, tree line, rock wall or blazed line.No Evidence: There is no evidence of the property boundaries.All visible: All sides of the property are identifiable.Section E - Payment and Signatures Indicate the method of payment used for application fee.You MUST sign and date the application form.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 91-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART IVCrown Land LeaseWind FarmSection F - AttachmentsThe following attachments MUST be included with the application. If any of the attachments aremissing, the application may be returned.F1 – The application fee payment of 1,610.00 non-refundable ( 1,400.00 plus 210.00 HST).(See section E of the application form for the different methods of payment.)F2 - A general map that will locate the site within the province. For example, a road map, or aProvincial Atlas map. See Appendix A.F3 - A detailed SNB Planet site map large enough to locate the site. This map is available at yourlocal Service New Brunswick Registry and Mapping office. See Appendix A for an example.On this map please: clearly outline the requested site (highlight the boundaries). have at least one legible PID number.F4 - Include a signed electronic copy of a Site Plan with your application. A description and sketchof the site showing any existing or planned improvements (e.g. turbine sites, fencing, accessroads, signage, etc.). A Site Development Plan is included in this application package asAppendix B.F5 - A copy of the “Certificate of Incorporation” where the applicant has corporate status, which willinclude appropriate signing officials, and also the names and titles of signing officers.F6 – Existing constraint maps drafted during the wind exploration application review will be usedduring the wind farm application review. If they do not exist, an electronic copy ofdifferentially corrected GPS coordinates using NAD83(CSRS) for the wind farm areaboundaries will be required.F7 - Business Plan: A business plan must be provided which indicates cost estimates andfunding requirements for the proposed plan and demonstrates that capital required todevelop the wind farm is secured, e.g. letter of credit from a bank. The requirement for abusiness plan may be waived if the applicant can provide proof of a Power PurchaseAgreement with NB Power.All costs associated with the application are the responsibility of the applicant.For clarification on any part of the Application Package, please call 1-888-312-5600.If you intend to apply to use Crown lands located along the shore of inland or coastal waters, youmust include with the Application Form the Coastal Land Use Application Form.See Appendix C for a check list to ensure the completeness of the application form.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 101-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART VCrown Land LeaseWind FarmApplication Form – Wind Farm LeaseDepartmentof NaturalResourcesGeneralLeaseApplicationFormCrown LandsBranch ResourcesDepartmentof NaturalP.O.Box6000Crown Lands BranchFrederictonNB E3B 5H1P.O.Box 6000Tel:1-888-312-5600Fax: (506) 457-4802Fredericton NB E3B 5H1Please refer to PART IV “How to Apply”Please PrintA - APPLICANT Mr.Name or Company Name Mrs. EnglishE-mailMailing address (Street - apartment)City / TownLanguage Preference:Ms.Postal CodeTelephone (home)Applicant StatusCorrespondence Preference:Telephone (work) Individual Postal ServiceFax Group Business French E-mailCellular phone Other, specifyContact person:Funding:If the proposed project will be referenced in an application for provincial or federal financial assistanceor funding, indicate the organization(s):B - INTENDED USE OF THE LANDB1Indicate if you will require either of the following: Associated Licence to Occupy Temporary Construction LicenceB2What is the current use of the land?B3Do transmission lines need to be erected? Yes NoIf yes, is Crown land involved? Yes No Yes NoIf yes, has an easement application been submitted?Provide any additional details. If any work will be contracted out, please provide Name of Contractor:B4Indicate any site-specific concerns (if production rating greater than 3 MW, have you registered for EIA).B5Will Petroleum Products or other hazardous products be stored on site? No Yes, less than 2000 litresDepartment of Natural Resources and Energy Development Yes, more than 2000 litres1-888-312-5600

PART VCrown Land LeaseWind FarmC - LOCATIONC1Estimated size of the area (ha)C2PID number(s)Adjacent PID(s)C3CountyParishD - SITE DESCRIPTIOND1D2Adjacent use and ownership Is there a visible landmark nearby, such as a watercourse, wetlands, bridge, designated road, etc. If yes,what is the distance from the landmark to the requested property? Are there any watercourse crossings (please list the type and condition)?: Are there any new watercourse crossings required?D3D4Is there access to the site? No Yes, specify: Public Private (If private, please provide written consent to use access)If there is a public access, describe its condition. Good condition Fair condition Poor conditionD5If there is a public access, is there year round access to the site?D6Is there evidence of present occupation on the land? BuildingD7 Clearing Other, specify: Partial cut Field NoVegetation cover ForestD8 Fences Yes Clear cut Other, specify:Describe the boundary lines Evidence No evidence All visibleDepartment of Natural Resources and Energy DevelopmentCrown Lands BranchPage 121-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

E - PAYMENT & SIGNATURESIndicate the method of payment used for the application fee Money Order (made payable to the Minister of Finance)Cheque (made payable to the Minister of Finance)Credit Card Visa MastercardNumberExpiry date:Name on Credit Card if different from applicant:Signature of Cardholder: Yes I am over 19 years of ageDateSignature of applicant20 F - ATTACHMENTSRequired documentsF1 Application fee payment of 1,610.00 non-refundable ( 1,400.00 plus 210.00 HST)F2 General Map (see Appendix A)F3 Site Map ( see Appendix A)F4 Electronic version (CD) of Site Development Plan (see Appendix B)F5 Copy of Certificate of Incorporation (if applicable)F6 GPS Coordinates (if required)F7 Business Plan or Proof of a Power Purchase Agreement with NB Power

PART VICrown Land LeaseWind FarmDEFINITIONSTermDefinitionBusiness PlanA Business Plan provides cost estimates and funding requirements for theproposed plan and demonstrates that capital required to develop the wind farmis secured, e.g. letter of credit from a bank.Certificate ofIncorporationA document issued by Corporate Affairs in New Brunswick to verify a companyhas been registered with the government and is authorized to operate abusiness within the province.CrownHer Majesty the Queen, in right of the Province of New Brunswick asrepresented by the Minister of Natural Resources and Energy Development orany other Minister of the Provincial Government.Crown LandCrown land is defined under the Crown Lands and Forest Act as the landsvested in the Crown that are under the administration and control of the Ministerof Natural Resources and Energy Development and may include land coveredby water.Distribution LinesDistribution lines provide the stage in the delivery (before retail) ofelectricity to end users. It is generally considered to include mediumvoltage (less than 50 kV) power lines, electrical substations and polemounted transformers, low-voltage (less than 1000 V) distribution wiringand sometimes electricity meters.EnvironmentalA screening process that examines the possible or probable impacts of aImpact Assessment proposal on the environment. The approval is given by the Department of(EIA)Environment and Local Government (DELG). The proposal is reviewed by theDELG only.EnvironmentalInsuranceEnvironmental Remediation Insurance maintained by an individual who leasesCrown lands, intended to cover the cost of rehabilitating the Crown land shouldan environmental accident occur.EnvironmentalLiabilityThe liability associated with the responsibility to clean up lands subject toenvironmental hazards or damage.LesseeAn individual or company to whom a lease has been issued.Liability InsuranceGeneral liability insurance coverage in the amount of 5 million dollars minimum,listing “Her Majesty the Queen in Right of the Province of New Brunswick asrepresented by the Minister of Natural Resources” as additional insured. Acertificate of insurance must be provided each year.LicenseeIndividual or corporation that has been issued a licence.Department of Natural Resources and Energy DevelopmentCrown Lands BranchPage 141-888-312-5600www.gnb.ca/naturalresourcesCL TCWeb@gnb.ca

PART VICrown Land LeaseWind FarmMW“MW” Megawatt, a unit of electrical power, 1 MW 1000 kW.Parcel IdentifierNumber (PID)A unique number issued by Service New Brunswick used to identify eachproperty in New Brunswick.Public NotificationA requirement to advertise proposals in a local or regional newspaper, or someother forum that satisfies a public consultation requirement.Annual Rent .Rents are invoiced annually on April1, established in accordance with the LandsAdministration Regulation, Crown Lands and Forests Act and are subject tochange.Site DevelopmentPlanA written description of the manner and time which a Lessee shall alter,develop, use, maintain and rehabilitate Crown lands. This may include adescription and sketch of the physical location of an existing or plannedstructure(s) (e.g., buildings, fencing, access roads, electrical, etc.) plus atimetable or phases of development.Site InspectionThe inspection by a DNR staff member of a property affected by a land useapplication.Stand-Alone System A wind energy system that is stand-alone, non-grid connected, with nocommercial sale of elec

Crown land is a privilege for all residents of New Brunswick and is made available for people to use and enjoy. Occasional use of Crown land generally does not require formal authorization. Some examples of occasional use are: hiking, biking, picnicking, and canoeing. Extended use of Crown land or activities that involve development on Crown .