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

456

76

Old Growth Management Areas Mitigation and Replacement Plan

Trans Mountain must file with the NEB for approval,

at least 3 months prior to

commencing construction within old growth management areas

, an Old Growth

Management Areas Mitigation and Replacement Plan for these areas that are

potentially affected directly or indirectly by the Project during construction or

operations, that includes:

a) avoidance and mitigation measures to be implemented during construction and

operations, with rationales and unambiguous criteria explaining under what

circumstances each measure will be applied, and measurable goals against

which the success of each measure will be evaluated;

b) a description of how the avoidance, mitigation, and offset hierarchy was

considered in developing the plan, with rationales for progressing from

avoidance to mitigation to offsets;

c) details on post-construction monitoring, including corrective actions that might

be necessary and the circumstances under which each such action would be

taken;

d) the expected residual effects (including quantification) on old growth

management areas, including a discussion of the potential for time lags between

when Project effects occur and when mitigation measures would become fully

functional;

e) replacement or other offset measures that will be implemented to compensate

for residual effects with the aim of no-net-loss to old growth forests within old

growth management areas overall, including:

i)

discussion of the appropriateness of compensation for the old growth

management area, taking its specific features into account, and of any potential

limitations of the effectiveness of such replacement or offset measures;

ii)

an explanation with rationales on the amount and type of replacements or

other offsets required;

iii)

a timeline for their implementation;

iv)

the selection of compensation sites;

v)

identification of the parties involved in planning and implementation and their

respective roles and responsibilities, and

vi)

a description of the methods and schedule for monitoring and reporting to

demonstrate compensation success;

f) a summary of its consultations with Appropriate Government Authorities 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

g) confirmation that Trans Mountain will update the relevant Environmental

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

Management Areas Mitigation and Replacement Plan.

X

X

X

X