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Written complaints from several area residents were sent to various officials of NS Natural Resources, including Minister Eleanor Norrie and Don Downe, MLA Lunenburg West (dates start at December 17, 1996). Issues raised included infill below high water mark, removal of beach material for infill, and Crown title to the right-of-way (the existence of the 1995 and 1996 surveys and Orders-in-Council was not yet public knowledge).
Various replies were received, none of which makes any reference to the sixty-six feet of Crown land shown in survey plan numbered P-110/95 (see MAP) the administration and control of which had only been transfered to NS Natural Resources on October 3, 1995 through Order in Council 95-737
Two of these replies are identical. The first, dated January 8, 1997, is signed by Eleanor Norrie, Minister. The second, dated January 9, 1997, is signed by Bruce Wilmshurst, previously identified as Acting Manager, Crown Lands Disposal, now identified as a planning technician, Crown Lands Disposals Section. Both state:
David Himmelman applied for but did not receive a permit from the Department of Natural Resources for shore protection work at Sperry Beach. Our staff discussed the application with Mr. Himmelman and indicated to him that no approval would be given for work below the ordinary high water mark on crown land.
None of the departmental correspondance raises the issue of work above the ordinary high water mark on or affecting the sixty-six feet of Crown land shown in survey plan numbered P-110/95 (see MAP) the administration and control of which had only been transfered to NS Natural Resources on October 3, 1995 through Order in Council 95-737.
The cattle fence was also moved seaward, to enclose the newly-created infill. The earliest (discovered so far . . .) written complaint regarding the fence was emailed to Brian Gilbert (Acting Deputy Minister, NS Natural Resources Summer 2004) on August 8, 1997, in response to a request from Mr Gilbert for
. . . a statement regarding what the Friends of Crescent Beach, Green Bay and Area would wish to visualize occurring at Sperry's Beach in Petite Riviere:
1) the spit of land (or swim area) on the western side of the mouth of the river and any approaches receive confirmation of crown title to the area and its use as a community beach.
2) Determine the location of the right-of-way (now owned by DNR) and relocate existing fence adjacent to the right-of-way, thus enabling persons that ability to pass along the right-of-way without obstructions of any kind.
August 15, 1997 Brian Gilbert emailed his response to Bob Romkey, Chairperson of the Friends of Crescent Beach:
Your wishes will be seriously considered in the Department of Natural Resources' discussions.
Five days later, August 20, 1997 a letter was signed by Trevor Dalgleish, Manager- Acquisitions Section, NS Natural Resources, copy to Gerry Joudrey, NS Natural Resources Regional Manager Bridgewater. The stated purpose of the letter is to hire a law firm to begin title documentation for the trade of the surveyed right-of-way for the sand spit:
Re: Proposed Land Trade
Estate of Lawrence Himmelman
(David Himmelman)
Sperry's Beach (Petite Riviere), Lunenburg County
With reference to the attached plans, the Department of Natural Resources
is considering the following:
In exchange to the portion of the Drew's hill Road shown outlined in green,
the Crown would accept, from the Heirs of Lawrence Himmelman,
a portion of the area outlined in pink.
On behalf of the Department I would like to hire you to determine
the strength of the HImmelman title for the area outlined in pink.
Survey plans P-110/95 and P-107/946 were included in "the attached plans".
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