National_Energy_Board_Report Page451

No.

Conditions with initial ﬁlings due prior to commencing construction, or prior to

commencing construction of speciﬁed Project component(s)

CPCN

OC2

OC49

Temp

Pump1

Pump2

Tanks

Deact

National Energy Board

432

Sowaqua Spotted Owl Mitigation Plan

Trans Mountain must ﬁle with the NEB for approval,

at least 6 months prior to

commencing construction of any Project component within the Sowaqua spotted

owl wildlife habitat area

, a Sowaqua Spotted Owl Mitigation Plan that includes:

a) a summary of results from supplemental surveys conducted in the Sowaqua

spotted owl wildlife habitat area;

b) the area of habitat potentially directly and indirectly aﬀected by the Project;

c) a description of how an avoidance, mitigation, and oﬀset hierarchy was

considered in the plan;

d) mitigation measures to be implemented, including all relevant measures

committed to throughout the OH-001-2014 proceeding, any new mitigation

measures resulting from supplementary surveys, detailed criteria using clear

and unambiguous language that describes the circumstances under which

each measure will be applied, and measurable goals for evaluating mitigation

success;

e) an evaluation of oﬀset options within or outside of the Sowaqua spotted owl

wildlife habitat area, an indication of the selected option, and the rationale for

the selected option;

f) details on post-construction monitoring of mitigation measures and oﬀset

measures, including survey methods, corrective measures, detailed criteria

using clear and unambiguous language that describes the circumstances under

which each measure will be applied, any adjustments to the oﬀset measures,

and a proposed reporting schedule;

g) a commitment to include results of the monitoring in the post-construction

environmental monitoring reports ﬁled under Condition 151;

h) details on how the mitigation and monitoring measures are consistent with

applicable recovery strategies and action plans;

i) a description of how Trans Mountain has taken available and applicable

Aboriginal traditional land use and traditional ecological knowledge into

consideration in developing the mitigation plan including demonstration that

those Aboriginal persons and groups that provided Aboriginal traditional land

use information and traditional ecological knowledge, as reported during the

OH-001-2014 proceeding and/or pursuant to Condition 97, had the opportunity

to review and comment on the information;

j) a summary of its consultations with Appropriate Government Authorities, any

species experts and potentially aﬀected Aboriginal groups. In its summary,

Trans Mountain must provide a description and justiﬁcation for how Trans

Mountain has incorporated the results of its consultation, including any

recommendations from those consulted, into the Mitigation Plan; and

k) conﬁrmation that Trans Mountain will update the relevant Environmental

Protection Plan(s) to include any relevant information from the mitigation plan.