National_Energy_Board_Report Page511

No.

Conditions with initial ﬁlings due after commencing operations

CPCN

OC2

OC49

Temp

Pump1

Pump2

Tanks

Deact

National Energy Board

492

155

Rare Ecological Community and Rare Plant Population Mitigation Evaluation Report

and Oﬀset Plan

Trans Mountain must ﬁle with the NEB for approval,

on or before 31 January after

the ﬁfth complete growing season after completing ﬁnal clean-up

, a Rare Ecological

Community and Rare Plant Population Mitigation Evaluation Report and Oﬀset Plan for

ecological communities of concern, rare plants and lichens, and early draft, candidate,

proposed, or ﬁnal critical habitat for plant and lichen species under the

Species at Risk Act

that includes:

a) an evaluation of avoidance and mitigation success with reference to the measurable

goals outlined in the Rare Ecological Community and Rare Plant Population

Management Plan required by Condition 40;

b) identiﬁcation of communities, species, and critical habitats that have not yet

achieved the intended degree of reclamation success, and an evaluation of the need

for ongoing monitoring, reporting and corrective actions;

c) identiﬁcation of any ongoing eﬀects to ecological communities and rare plant and

lichen species that have an at-risk status of S1, S1S2 or S2, or that are listed under

federal or provincial legislation for protection, or on any early draft, candidate,

proposed, or ﬁnal critical habitat under the

Species at Risk Act

;

d) for the ongoing eﬀects identiﬁed in c), a Final Rare Ecological Community and

Rare Plant Population Oﬀset Plan that updates the Preliminary Rare Ecological

Community and Rare Plant Population Oﬀset Plan required by Condition 40,

and that also includes details with rationales on the amount and type of oﬀsets

required, the oﬀset measures to be implemented, the selection of compensation

sites, identiﬁcation of the parties involved in planning and implementation and their

respective roles and responsibilities, a timeline for implementation, and the methods

and schedule for monitoring and reporting to demonstrate oﬀset success;

e) 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; and

f) a summary of its consultations with Appropriate Government Authorities, any

species experts and 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 report/plan.