National_Energy_Board_Report Page453

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

434

(cont)

a rationale for why the community, species, or critical habitat cannot be avoided

by a suﬃcient distance to avoid both direct and indirect residual eﬀects;

ii) the expected residual eﬀects on that community, species, or critical habitat,

including a discussion of the potential for time lags between when Project

eﬀects occur and when mitigation measures would become fully functional, and

taking into account the success on past projects of the proposed mitigation and

corrective measures in b) and d) above;

iii) an analysis of the appropriateness of oﬀsets for the community, species or

critical habitat, taking their speciﬁc features into account, and of any potential

limitations on oﬀset eﬀectiveness;

iv) a description of how the avoidance, mitigation, monitoring, corrective and oﬀset

measures are consistent with any applicable recovery, action or management

strategies or plans for the community, species or critical habitat;

v) an explanation with rationales of how the need for oﬀset measures will be

determined and how quantitative oﬀset objectives will be developed, including

the use and selection of oﬀset ratios, with the aim of achieving no-net-loss;

vi) the potential types of oﬀset measures, the process for selecting which will

be implemented, an estimation of the probability of their success, and how

compensation sites will be selected; and

vii) a discussion of how the eﬀectiveness of oﬀset measures will be monitored,

assessed, and reported on, and problems corrected;

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

Aboriginal traditional land use and traditional ecological knowledge into

consideration in developing the 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;

g) a summary of its consultations with Appropriate Government Authorities,

any species experts and any 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 plan; and

h) conﬁrmation that Trans Mountain will update the relevant Environmental

Protection Plan(s) to include any relevant information from the Rare

Ecological Community and Rare Plant Population Management Plan, including

conﬁrmation that the avoidance, mitigation, monitoring, corrective, and

oﬀset measures in the Rare Ecological Community and Rare Plant Population

Management Plan will be implemented to the extent feasible in the case of

discovery via their inclusion in the Rare Ecological Communities or Rare Plant

Species Discovery Contingency Plan.

Wetland Survey and Mitigation Plan

Trans Mountain must ﬁle with the NEB for approval,

at least 5 months prior to

commencing construction

, a pre-construction Wetland Survey and Mitigation

Plan for wetlands potentially aﬀected directly or indirectly by the Project during

construction or operations, that includes:

a) a summary of supplementary survey results and a demonstration of the overall

adequacy of the wetland surveys;

b) a description of any wetlands for which ground-based surveys were not

possible, an explanation as to why not, attempts made to obtain access, and

what further information on each wetland will be collected immediately prior to

or during construction;