SECTION 3 CONSULTATION AND ABORIGINAL MATTERS

Transcription

1 SECTION 3 CONSULTATION AND ABORIGINAL MATTERS

2 Section 3 Consultation and Aboriginal Matters Consultation Program and Vision Consultation activities for the Coquihalla River Crossing 16 Replacement Project (Project) have been and will continue to be conducted on the basis of the following principles set out in Westcoast s charter: Stewardship Demonstrating a commitment to environmental responsibility and vibrant communities; Integrity Ethically and honestly doing what we say we will do; Respect for the Individual Embracing diversity and inclusion, enhanced by openness, sharing, trust, leadership, teamwork and involvement; High Performance Achieving superior business results and stretching our capabilities; Safety Sharing a relentless commitment to a zero work-related injury and illness culture; Win-Win Relationships Having relationships which focus on the creation of value for all parties; and Initiative Having the courage, creativity and discipline to lead change and shape the future. Principles and Goals Westcoast recognizes the importance of working with all potentially affected persons and groups, including Aboriginal and local communities, during all phases of a project. The goals of the consultation program are to: identify stakeholders who have interests in the project area who could potentially be affected by the project as soon as possible in the planning phase; inform potential stakeholders throughout the various phases of the project by sharing information on key project specifics in a clear and timely manner; create opportunities for meaningful stakeholder engagement as early as possible in the project planning process and advise stakeholders of their opportunities to communicate with the National Energy Board (NEB); understand and respond to any issues or concerns in an effort to resolve or mitigate those issues or concerns; and maintain ongoing communications with stakeholders throughout the planning, construction and post-construction phases with a view to continued development of the long-term relationships required for the operation of the facilities. Aboriginal Consultation Westcoast is committed to building and maintaining sustainable, long-term relationships with Aboriginal peoples that are based upon mutual respect and understanding. Aboriginal consultation for the Project has been conducted in accordance with Westcoast s Aboriginal Consultation Approach (filed with the Board in May of 2009) which sets out an Aboriginal relations strategy focusing on four key areas: relationship building; consultation and communication; capacity building; and 1 Coquihalla River Crossing 16 Replacement Project

3 Section 3 Consultation and Aboriginal Matters economic development. Consultation Program Design The consultation program began in early 2016 with an assessment of the scope for a proposed Direct Pipe Installation (DPI) crossing replacement, which was planned to be undertaken under the Operations and Maintenance Activities on Pipelines under the National Energy Board Act Requirements and Guidance Notes. The DPI crossing was unsuccessful and updated notices were sent to stakeholders when it became clear that a section 58 application would be required for the work due to the new plan including a section of pipe being decommissioned in place. Based on the updated Project scope, a review of local and regional interests in the Project area was undertaken to identify potential stakeholders. A key consideration in identifying stakeholders was the location of the Project as well as potential Project impacts and the mitigation measures available to address those impacts. The stakeholders identified through the assessment process included: Aboriginal communities Landowner Interest holders Recreational/educational organizations Local and provincial government Consultation Program Implementation In February 2016, information packages describing the proposed DPI crossing replacement were sent to all stakeholders (with the exception of the BC Ministry of Forests, Lands and Natural Resource Operations (FLNRO) and Environment and Climate Change Canada (ECCC), who were both notified of the updated Project scope in December 2016). A notification was sent on September 6, 2016 informing the stakeholders that the DPI was unsuccessful. In October 2016, Westcoast notified the stakeholders of the updated Project scope and that the company would be filing a Section 58 application. People of the River Referral Office (PRRO) was sent a notification letter early in November Project information packages were mailed to 33 Aboriginal groups, three government authorities, two rights holders, one mineral claim holder, one pipeline company, three recreational/educational organizations, and one landowner. The information packages contained information about the Project, a map, a fact sheet, contact information and information about the NEB and its application review process including the NEB brochure A Proposed Pipeline or Power Line Project: What You Need to Know. Recipients were also asked to identify any further information required, as well as any issues or concerns they may have with the Project. Aboriginal Community Engagement Westcoast recognizes the importance of ensuring that its ongoing activities and proposed projects, as well as opportunities for local participation and employment, are communicated to Aboriginal communities in a timely manner. Westcoast s objective is to provide opportunities for participation and 2 Coquihalla River Crossing 16 Replacement Project

4 Section 3 Consultation and Aboriginal Matters feedback by Aboriginal communities by ensuring that project information is conveyed to them in writing and, whenever possible, in person. Westcoast relied upon its relations with Aboriginal communities plus institutional knowledge gained after many years of operating within BC to identify those Aboriginal communities that may have an interest in the Project area. The following Aboriginal communities/groups were sent Project information packages on October 27, 2016: Aitchelitz First Nation BC Métis Federation Chawathil First Nation Coldwater First Nation Kwantlen First Nation Kwaw-kwaw-Apilt First Nation Leq a:mel First Nation Lower Nicola Indian Band Lytton First Nation Matsqui Indian Band Métis Nation of British Columbia Region 3 Thompson-Okanagan Nicola Tribal Association Nicola Tribal Association Nlaka pamux Nation Tribal council Popkum First Nation Scowlitz First Nation Seabird Island First Nation Shxw owhamel First Nation Siska Indian Band Siya:m Council Skawahlook First Nation Skowkale First Nation Skway Indian Band Soowahlie First Nation Spuzzum First Nation Squiala First Nation Sto:lo Nation Sumas First Nation Tzeachten First Nation Union Bar Band Yakeweakwioose First Nation Yale First Nation PRRO was sent a notification on November 1, Coquihalla River Crossing 16 Replacement Project

5 Section 3 Consultation and Aboriginal Matters Site visits, meetings and s have continued with various Aboriginal communities to date. See the consultation record for more details. There are no outstanding concerns from Aboriginal communities. Landowner Extensive consultation beginning in February 2015 has occurred with the one landowner within the 650 m emergency planning zone. Westcoast and the landowner have an agreement in place as the activity site can only be accessed using the private bridge and road of the landowner. As a result, activity updates and access notifications will continue to be provided to the landowner as the Project progresses. The landowner operates a recreational retreat centre on the property and has expressed concerns regarding impacts of the Project on that business, compensation and potential damages to recreational areas. See the consultation log for more details regarding those concerns. Westcoast will continue to communicate with and listen to the landowner through established communication tools in order to resolve outstanding concerns. Local and Provincial Government The District of Hope and Fraser Valley Regional District were sent a Project information package on October 27, No issues or concerns have been raised to date. The Ministry of Transportation and Infrastructure (MOTI) was sent a Project information package on October 27, There are no outstanding issues or concerns raised by MOTI. Westcoast will apply to the BC Oil and Gas Commission for appropriate provincial permits following receipt of NEB approval for the Project. ECCC and FLNRO were contacted via on December 5, 2016 regarding the Project occurring in Spotted Owl Wildlife Habitat Area. No issues or concerns have been raised by ECCC to date. Westcoast will continue to communicate with FLNRO to resolve any potential issues or concerns that may arise through ongoing discussions. Interest Holders and Others There is one registered trapline holder and one registered guide outfitter in the area. The trapline holder and guide outfitter were sent Project information packages on October 27, No issues or concerns have been raised by the trapline holder or guide outfitter to date. A mineral claim interest holder, Trans Mountain Pipeline ULC, Thompson River University (c/o Adventure Studies Department), REO Rafting Ltd. and Fraser River Rafting Expeditions Ltd. were sent Project information packages on October 27, No issues or concerns have been raised to date. Ongoing Consultation 4 Coquihalla River Crossing 16 Replacement Project

6 Section 3 Consultation and Aboriginal Matters Westcoast s public consultation activities will continue throughout the lifecycle of the Project to ensure that issues are addressed and that all stakeholders remain informed. Westcoast will also continue to communicate with and listen to all potentially affected stakeholders through established communication tools, including public awareness and emergency preparedness programs. 5 Coquihalla River Crossing 16 Replacement Project

7 Recipient Type Summary of Consultation Outstanding Concerns Aboriginal Communities Lytton First Nation Feb 22/16 Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Skway Indian Band recipient via Xpresspost. Nov 23 Westcoast attended the Chief and Council meeting and provided a Project update. Aitchelitz First Nation recipient via Xpresspost. Leq'a:mel First Nation recipient via Xpresspost. Page 1 of 14

8 Popkum First Nation Skawahlook First Nation Skowkale First Nation Tzeachten First Nation Yakweakwioose First Nation recipient via Xpresspost.. Dec 5/16 Westcoast attended the Chief and Council meeting and provide a Project update. Page 2 of 14

9 Nlaka'pamux Nation Tribal Council Siya:m Council Sto:lo Nation Kwantlen First Nation Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Apr 4/16 - Received response letter via deferring the referral to other First Nations with stronger interests in the area for further comment. Page 3 of 14

10 Kwaw-kwaw-Apilt First Nation Matsqui Indian Band Scowlitz First Nation Seabird Island First Nation Sep 21/16 - Westcoast received an from Matsqui Indian Band and asked what will be going through pipes and noted that the City of Abbotsford has had problems in a tidal section of the Fraser River with the effluent pipe that crosses near the Indian Reserve #3 of Matsqui Indian Band. Also asked if the pipelines will be deep enough where they will not get exposed. Sep 26/16 - Westcoast responded to the dated Sep 21/16 addressing concerns and no response has been to date. Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Page 4 of 14

11 Soowahlie First Nation Chawathil First Nation Squiala First Nation Sumas First Nation Nicola Tribal Association Nov 7/16 - Westcoast attended the Lands/council meeting and provided a Project update. Nov 24/16 - Westcoast provided Project update. Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Jun 28/16 - Site visit. Nov 22/16 - Westcoast attended the Chief and Council meeting and provided a Project update. Feb 22/16 - Notification package sent to Page 5 of 14

12 Coldwater Indian Band Lower Nicola Indian Band Metis Nation of BC BC Metis Federation Jun 28/16 Site visit. Jun 28/16 - Site visit. Nov 23/16 - Westcoast attended the Chief and Council meeting provided a Project update. Page 6 of 14

13 Peters First Nation Shxw ōwhámel First Nation Siska Indian Band Spuzzum First Nation July 25/16 Westcoast attended the Chief and Council meeting and provided a Project update. Page 7 of 14

14 Union Bar Band Yale First Nations People of the River Referral Office (PRRO) Jun 28/16 - Site visit. Nov 7/16 Westcoast attended the Chief and Council meeting and provided Project update. June 22/16 - Cultural Heritage Inventory Assessment completed by PRRO. June 28/16 - Site visit. Nov 1/16 - Project update notification letter and 20K/50K project mapping sent to Nov 1/16 - Project update notification letter, 1:1000 Project Map, Updated Coquihalla Fact Sheet & NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing package was sent to recipient via registered mail. Yale asked why an aerial crossing was not being used for this project. Rational given no outstanding concerns Page 8 of 14

15 Recipient Type Summary of Consultation Outstanding Concerns Landowner Adjacent Landowner Feb 25/15 - Westcoast met with adjacent Landowner to discuss the Project and the need for access over the bridge and his property. Geotechnical discussed plans for an engineer evaluation of the bridge. Apr 27/15 - Westcoast ed Landowner the engineer report on the bridge regarding loads. Apr 30/15 - Landowner agreed to terms of access, including notification protocol and compensation. May 6/16 - Landowner ed Westcoast regarding an unscheduled access. Landowner requested to be notified of future unscheduled access by and voic . May 9/16 - Westcoast inquired if Landowner would be interested in the trees for firewood and notified Landowner of possible access required the following day. Jun 18/16 - Landowner met with construction lead and had general project discussions. Jun 28/16 - Westcoast informed Landowner that construction activity and drilling would increase soon. Jul 5/16 - Westcoast construction representative met with Landowner to flag trees. Jul 13/16 - Westcoast ed Landowner about the firewood, the conversations Landowner had with the construction crew, and the upcoming pile driving. Jul 13/16 - Westcoast and Landowner discussed timing of upcoming pile drive, camper schedule, bridge access, and use of fines/gravel from the pipeline installation for road construction and gold panning. Jul 15/16 - Westcoast ed Landowner about upcoming pile drive noise. Jul 16/16 - Westcoast construction representative met with Landowner to flag trees in temporary workspace (TWS). Jul 21/16 - Landowner informed Westcoast that there have been no issues with noise and no conflicts with the recreational activities of the campers on the property. Landowner also advised that there had been unscheduled access that week and that he was interested in the cedar trees that were to be cut down. Landowner also indicated that he had a mineral claim within the right-of-way (ROW) and would like to try to gold pan from pipeline installation. Landowner will confirm the mineral claim and send a map. Jul 22/16 - Landowner sent a map showing the mineral claim area. Jul 30/16 - Landowner informed Westcoast via of when youth groups would be camping on his property and that they may be tubing down the river and inquired if there would be a conflict. Jul 27/16 - Construction representative helped Landowner load lumber. Aug 1/16 - Westcoast construction representative spoke with Landowner regarding noise. Compensation, damages to recreational areas and business impacts. Page 9 of 14

16 Aug 2/16 - Westcoast construction representative spoke again with Landowner regarding noise. Aug 15/16 - Landowner expressed concerns about recent noise during the evening on the weekend. Westcoast and Landowner discussed compensation for camper disturbance. Aug 17/16 - Westcoast compensated Landowner for camper refund due to noise. Aug 17/16 - Landowner asked to sift through dirt pile on south end of ROW and Westcoast agreed. Sep 20/16 - Landowner informed Westcoast that they had received the letter explaining the change of scope (open cut) and expressed concern regarding effects to property (erosion) during high water/flooding events. Oct 31/16 - Westcoast and Landowner discussed ROW and TWS required for the Project. Nov 4/16 - Westcoast and Landowner discussed ROW and Landowner s concern about impact on clean title and on business. Nov 4/16 - Westcoast met with Landowner to discuss ROW and TWS acquisition. Nov 15/16 - Westcoast and Landowner discussed ROW. Nov 17/16 - Landowner ed Westcoast and committed to providing a document with expected impacts and compensation from the TWS. ROW to be addressed separately. Nov 21/16 - Westcoast received from Landowner describing impacts to TWS referred to in Nov Nov 30/16 - Westcoast ed Landowner to arrange for a site visit to view the ROW and TWS areas. Westcoast also informed Landowner that Westcoast would be arranging for a property appraisal to determine land value and business losses. Dec 1/16 - Landowner agreed to site visit via but questioned the need for an appraiser. Dec 1/16 - Westcoast responded to Landowner via explaining the need for an appraiser to move forward with negotiations to assist with business valuation and land value. Dec 12/16 - Westcoast ed Landowner requesting permission to conduct an appraisal for business valuation and land value. Westcoast also advised that they are reviewing alternative routing. Landowner responded via that they do not have time for the appraisal. Page 10 of 14

17 Recipient Type Summary of Consultation Outstanding Concerns Local and Provincial Government Ministry of Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Transportation and Infrastructure (MOTI) Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Mar 3/16 - Land Resource Agent had discussion with MOTI representative. MOTI representative says there are no concerns or issues based on the information received in the package. Apr 1/16 - Westcoast Representative, the contractor, construction representatives and MOTI met on site to discuss access and lane closure options. District of Hope Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Fraser Valley Regional District Environment and Climate Change Canada Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Sep 6/16 - Project update notification letter sent to Dec 5/16 - Project update notification letter, 1:1000 Project Map, Updated Coquihalla Fact Sheet & NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing package was sent to recipient via registered mail. Page 11 of 14

18 Ministry of Forests, Lands and Natural Resource Operations (FLNRO) Dec 2/16 - Project update notification letter, 1:1000 Project Map, Updated Coquihalla Fact Sheet & NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing package was sent to recipient via registered mail. Dec 5/16 - Conference call with Spotted Owl Specialist at FLNRO. Spotted owl specialist at FLNRO requested the project schedule and footprint. Discussed the project area and potential mitigation options. Ongoing consultation with FLNRO to determine if any additional mitigation is required. Page 12 of 14

19 Recipient Type Summary of Consultation Outstanding Concerns Interest Holder Trapline Holder Guide Outfitter Interest Holder (Mineral Claim) Trans Mountain Pipeline ULC Oct 27/16 - Project update notification letter Oct 27/16 - Project update notification letter Page 13 of 14

20 Thompson River University c/o Adventure Studies Department Fraser River Rafting Expeditions Ltd. REO Rafting Ltd. Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Oct 27/16 - Project update notification letter Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Oct 27/16 - Project update notification letter Feb 22/16 - Coquihalla project information letter, Coquihalla Fact Sheet, NEB Brochure Information for Proposed Pipeline or Power Line Projects that Do Not Involve a Hearing and 20K/50k Project map package was sent to Oct 27/16 - Project update notification letter Page 14 of 14