National_Energy_Board_Report Page489

No.

Conditions with initial ﬁlings due during construction / prior to

commencing operations

CPCN

OC2

OC49

Temp

Pump1

Pump2

Tanks

Deact

National Energy Board

470

108

Contingency watercourse crossings

a) For any watercourse crossing where Trans Mountain will employ a contingency

crossing method instead of its proposed primary method, and where

any

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

Fish and Fish Habitat” cannot be implemented, Trans Mountain must ﬁle with

the NEB

at least 30 days prior to commencing construction of the contingency

watercourse crossing:

conﬁrmation of the contingency watercourse crossing method that will be

employed, the rationale for employing that method, and a summary of the

diﬀerences between the primary and contingency watercourse crossing

methods; and

ii) the following site-speciﬁc information:

detailed crossing-speciﬁc design drawings;

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

3. 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;

4. 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;

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

minimize impacts;

6. any potential residual eﬀects;

proposed reclamation measures; and

8. a discussion of the potential impacts to local ﬁsheries resources within the

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

b) For all other instances where a contingency crossing method will be employed

and all of Fisheries and Oceans Canada’s applicable “Measures to Avoid

Causing Harm to Fish and Fish Habitat” will be implemented, Trans Mountain

must ﬁle with the NEB a notiﬁcation,

at least 15 days prior to commencing the

contingency crossing

, that the contingency method will be employed. With this

notiﬁcation, Trans Mountain must explain why the contingency method is being

employed and provide a summary of the diﬀerences between the primary and

contingency watercourse crossing methods.

c) Trans Mountain must conﬁrm,

within 30 days after commencing operations

that any contingency watercourse crossing(s) identiﬁed to the NEB pursuant to

a) and b) were the only contingency watercourse crossing(s) implemented for

the construction of the pipeline.

109

Authorization(s) under paragraph 35(2)(b) of the Fisheries Act – Westridge Marine

Terminal

a) In the event that Fisheries and Oceans Canada determines that the Westridge

Marine Terminal expansion requires Authorization under paragraph 35(2)(b) of

the

Fisheries Act

, Trans Mountain must ﬁle with the NEB,

at least 10 days prior to

commencing works speciﬁed in the respective Authorization(s),

a copy of that

Authorization; and

b) Trans Mountain must conﬁrm,

within 30 days after commencing operations

that any

Fisheries Act

Authorization(s) required for the Westridge Marine Terminal

expansion were obtained from Fisheries and Oceans Canada and ﬁled with the NEB

pursuant to a), or notify the Board if no Authorization(s) was required.