National_Energy_Board_Report Page457

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

438

Watercourse crossing inventory

Trans Mountain must ﬁle with the NEB,

at least 5 months prior to commencing any

watercourse crossing construction activities

, the following:

a) an updated inventory of all watercourses to be crossed, including, for each

crossing:

the name of the watercourse being crossed and an identiﬁer for the crossing;

ii)

the location of the crossing;

iii)

the primary and contingency crossing methods;

iv)

planned construction timing;

information on the presence of ﬁsh and ﬁsh habitat;

vi)

information on the composition of riparian habitat;

vii) the provincial instream work window ;

viii) the proposed least risk biological window and the rationale to support the

proposed least risk biological window if it diﬀers from the provincial instream

work window; and

ix)

an indication of whether any of Fisheries and Oceans Canada’s applicable

“Measures to Avoid Causing Harm to Fish and Fish Habitat” cannot be

implemented;

b) detailed generic design drawings of trenchless, dry open-cut, frozen open-cut,

and isolation crossings of various watercourse types;

c) site-speciﬁc information for each watercourse crossing where

any

of Fisheries

and Oceans Canada’s applicable “Measures to Avoid Causing Harm to Fish

and Fish Habitat” cannot be implemented for the primary pipeline construction

method:

detailed crossing-speciﬁc design drawings;

ii)

photographs up-stream, down-stream, and at the crossing location;

iii)

a description of the ﬁsh species and habitat that is present at the crossing

location, and if ﬁsh spawning is likely to occur within the immediate area;

iv)

a description of the composition of the riparian habitat at the crossing location

and an indication if the riparian habitat has a limiting eﬀect on the productive

capacity of the watercourse, and if its removal or disturbance represents a

potential inﬂuence on ﬁsh communities;

the site-speciﬁc mitigation and habitat enhancement measures to be used to

minimize impacts;

vi)

any potential residual eﬀects;

vii) proposed reclamation measures; and

viii) a discussion of the potential impacts to local ﬁsheries resources within the

immediate area as a result of the crossing’s construction;

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

Aboriginal traditional land use and traditional ecological knowledge into

consideration in developing the inventory, 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; and

e) a summary of 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.