Conditions with initial filings due prior to commencing construction, or prior to
commencing construction of specified Project component(s)
National Energy Board
Updates under the Species at Risk Act
Trans Mountain must file with the NEB,
at least 2 months prior to commencing
, a summary of any relevant updates under the
Species at Risk Act
including new Schedule 1 listings and new or amended Recovery Strategies, Action
Plans, and Management Plans for species that have the potential to be affected by
the Project. For each species-specific update, the summary must include:
a) a discussion of the Project activities’ potential effects on the listed species or
its critical habitat, including an explanation as to whether additional surveys are
required to locate such critical habitat;
b) identification of all reasonable alternatives to the Project activities referred to in
a), including avoidance measures, and a discussion on the potential effects of
the alternatives, the chosen approach, and the rationale for selecting the chosen
c) any additional site-specific mitigation;
d) any monitoring to be undertaken and a commitment to include monitoring
results as part of the post-construction environmental monitoring reports filed
under Condition 151;
e) an explanation as to how the responses to b), c) and d) above are consistent
with applicable recovery strategies and actions plans; and
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 summary of updates, 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.
Water well inventory
Trans Mountain must file with the NEB,
at least 2 months prior to commencing
, an inventory of physically verified (“ground-truthed”) water wells that are
within 150 metres of either side of the centre of the pipeline right-of-way.
The filing must contain confirmation that Trans Mountain will maintain and update the
inventory until the Project is abandoned or decommissioned pursuant to the NEB Act.
The inventory must include a description of the methods used to identify and physically
verify wells, including:
a) each well’s location in proximity to the right-of-way, including its GPS coordinates;
b) a description of each well’s type or use (e.g., drinking water, agricultural use, use by
Aboriginal groups, any other uses);
c) each well’s tenure or ownership (e.g., private, municipal, Aboriginal community);
d) each well’s operational status, including abandoned or decommissioned wells, and
information about each well, including well depth, lithology, and water depth, if
e) a plan for updating the inventory over the life of the Project, including:
the methods for identifying and verifying abandoned or decommissioned wells,
and new or replacement wells; and
ii) the frequency of inventory updates;
f) a list of any properties or sections of the right-of-way that were not physically
verified, including;
the reason why properties or right-of-way sections were not physically accessed;
ii) an estimate of the potential number of wells that have not been physically
verified; and
iii) a proposed schedule for accessing properties or right-of-way sections; and
g) a description of Trans Mountain’s plans for communicating information about the
locations of water wells to owners or affected users.