National_Energy_Board_Report Page455

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

436

(cont)

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;

a summary of its consultations with Appropriate Government Authorities,

potentially aﬀected Aboriginal groups and aﬀected landowners/tenants. 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

k) conﬁrmation that Trans Mountain will update the relevant Environmental

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

and Mitigation Plan.

Grasslands Survey and Mitigation Plan

Trans Mountain must ﬁle with the NEB for approval,

at least 5 months prior to

commencing construction

, a pre-construction Grasslands Survey and Mitigation

Plan for native grasslands in the British Columbia interior that are potentially aﬀected

directly or indirectly by the Project during construction or operations, that includes:

a) a summary of survey results for such grasslands, including but not limited to

native plant species diversity, species at risk, the density and distribution of

existing invasive plant species, and the presence of cryptogamic crust, together

with a demonstration of the adequacy of such surveys and a summary of

existing and ongoing land management impacts;

b) a description (including quantiﬁcation) of overlap of the Project with grasslands

and of expected residual eﬀects;

c) a description of the mitigation and reclamation measures to be implemented

for grasslands during construction and operations, including the extent to which

native seed will be used, with rationales and unambiguous criteria explaining

under what circumstances each such measure will be applied;

d) measurable goals against which the success of grassland mitigation and

reclamation will be evaluated, including goals related to cryptogamic crust

recovery, invasive species control, and access control, and how existing and

ongoing land management impacts and land-use changes by landowners

outside the control of Trans Mountain will be taken into account;

e) a description of how the

avoidance, mitigation, and oﬀset hierarchy, and

ii) the goal of no-net-loss for grasslands,

were considered in developing the plan, with rationales for progressing from

avoidance to mitigation to oﬀsets;

f) details of the post-construction monitoring plan for grasslands for the ﬁrst ten

years of operations, including corrective actions that might be necessary and

the circumstances under which each such action would be taken;

g) a Preliminary Grasslands Oﬀset Plan for those grasslands that, after ten years of

operations, have not achieved reclamation success. This plan must include:

i) expected residual eﬀects on the grasslands, including a discussion of the

potential for time lags between when Project eﬀects occur and when mitigation

measures would become fully functional, taking into account the success on

past projects of the proposed mitigation, reclamation and corrective measures

in c) and f) above;

ii) an analysis of the appropriateness of oﬀsets for the grasslands, taking their

speciﬁc features into account, and of any potential limitations on oﬀset

eﬀectiveness;