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Traditional Marine Resource Use – Marine Transportation Technical Report for the Trans Mountain Pipeline Ulc Trans Mountain Expansion Project

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TRADITIONAL MARINE RESOURCE USE – MARINE TRANSPORTATION TECHNICAL REPORT FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT December 2013 REP-NEB-TERA-00036 Prepared for: Prepared by: Trans Mountain Pipeline ULC TERA Environmental Consultants Kinder Morgan Canada Inc. Suite 1100, 815 - 8th Avenue S.W. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 3P2 Calgary, Alberta T2P 5J2 Ph: 403-265-2885 Ph: 403-514-6400 Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report ACKNOWLEDGEMENTS Trans Mountain Pipeline ULC would like to acknowledge Chief and Council, the Lands Department, Administration and members of the following communities: • Cowichan Tribes; • Esquimalt Nation; • Halalt First Nation; • Hwlitsum First Nation; • Lyackson First Nation; • Pacheedaht First Nation; • Penelakut First Nation; • Semiahmoo First Nation; and • Stz’uminus First Nation. All of their time, effort, commitment and participation is much appreciated and was fundamental to the success of the traditional marine resource use studies for the proposed Trans Mountain Expansion Project. 7894/December 2013 REP-NEB-TERA-00036 Page i Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report EXECUTIVE SUMMARY Trans Mountain Pipeline ULC (Trans Mountain) is a Canadian corporation with its head office located in Calgary, Alberta. Trans Mountain is a general partner of Trans Mountain Pipeline L.P., which is operated by Kinder Morgan Canada Inc., and is fully owned by Kinder Morgan Energy Partners, L.P. Trans Mountain is the holder of the National Energy Board (NEB) certificates for the Trans Mountain pipeline system (TMPL system). The TMPL system commenced operations 60 years ago and now transports a range of crude oil and petroleum products from Western Canada to locations in central and southwestern British Columbia (BC), Washington State and offshore. The TMPL system currently supplies much of the crude oil and refined products used in BC. The TMPL system is operated and maintained by staff located at Trans Mountain’s regional and local offices in Alberta (Edmonton, Edson and Jasper) and BC (Clearwater, Kamloops, Hope, Abbotsford and Burnaby). The TMPL system has an operating capacity of approximately 47,690 m3/d (300,000 bbl/d) using 23 active pump stations and 40 petroleum storage tanks. The expansion will increase the capacity to 141,500 m3/d (890,000 bbl/d). The proposed expansion will comprise the following. • Pipeline segments that complete a twinning (or “looping”) of the pipeline in Alberta and BC with about 987 km of new buried pipeline. • New and modified facilities, including pump stations and tanks. • Three new berths at the Westridge Marine Terminal in Burnaby, BC, each capable of handling Aframax class vessels. The expansion has been developed in response to requests for service from Western Canadian oil producers and West Coast refiners for increased pipeline capacity in support of growing oil production and access to growing West Coast and offshore markets. NEB decision RH-001-2012 reinforces market support for the expansion and provides Trans Mountain the necessary economic conditions to proceed with design, consultation, and regulatory applications. Application is being made pursuant to Section 52 of the National Energy Board Act (NEB Act) for the proposed Trans Mountain Expansion Project (referred to as “TMEP” or “the Project”). The NEB will undertake a detailed review and hold a Public Hearing to determine if it is in the public interest to recommend a Certificate of Public Convenience and Necessity for construction and operation of the Project. Subject to the outcome of the NEB Hearing process, Trans Mountain plans to begin construction in 2016 and go into service in 2017. TERA Environmental Consultants (TERA) was commissioned to prepare the following Traditional Marine Resource Use – Marine Transportation Technical Report. This report provides the results of the desktop study, literature review and traditional marine resource use studies (TMRU studies) conducted for the Project, as well as the results of the Aboriginal engagement for the Project to date. TMRU studies were initiated for the Project in 2012 and are ongoing. Esquimalt Nation has elected to conduct a TERA-facilitated TMRU study. This TMRU study was conducted in November 2013. Cowichan Tribes, Halalt First Nation, Hwlitsum First Nation, Lyackson First Nation, Pacheedaht First Nation, Penelakut First Nation, Semiahmoo First Nation and Stz’uminus First Nation have elected to conduct independent, community-led TMRU studies. The progress of each participating community’s TMRU study at the time of application filing is described in Section 3.0. Additional TMRU study work with participating Aboriginal communities is scheduled for completion prior to construction of the Project. Information gathered during ongoing TMRU studies will be considered for incorporation into Project planning under the guidance of existing marine transport regulations. The results of these ongoing engagement efforts will be provided to the NEB. 7894/December 2013 REP-NEB-TERA-00036 Page ii Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report The results of the desktop study, literature review, the TMRU study and the preliminary interests identified to date indicate that Aboriginal communities have historically used and presently use the marine Regional Study Area (RSA) to maintain a traditional lifestyle and continue to use marine resources throughout the Marine RSA for a variety of purposes including fish, shellfish, mammal and bird harvesting, aquatic plant gathering, and spiritual/cultural pursuits as well as through the use of navigable waters within the Marine RSA to access subsistence resources, neighbouring communities and coastal settlements. The potential residual effects on traditional marine resource use are identified, discussed and evaluated for significance in Section 4.3.10 of Volume 8A of this application, which should be read in conjunction with this technical report. 7894/December 2013 REP-NEB-TERA-00036 Page iii Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report TABLE OF CONTENTS Page EXECUTIVE SUMMARY .............................................................................................................................. II 1.0 INTRODUCTION ........................................................................................................................... 1-1 1.1 Project Overview .............................................................................................................. 1-1 1.1.1 Purpose of Report ............................................................................................... 1-2 1.2 Objectives ........................................................................................................................ 1-5 1.3 Regulatory Standards ...................................................................................................... 1-5 1.3.1 Aboriginal Traditional Knowledge ....................................................................... 1-6 2.0 CONSULTATION AND ENGAGEMENT ....................................................................................... 2-1 2.1 Public Consultation, Aboriginal Engagement and Landowner Relations ......................... 2-1 3.0 METHODS .................................................................................................................................... 3-1 3.1 Project Interactions and Identification of Potential Effects ............................................... 3-1 3.2 Assessment Indicators and Measurement Endpoints ...................................................... 3-1 3.2.1 Subsistence Activities and Sites ......................................................................... 3-2 3.2.2 Cultural Sites ....................................................................................................... 3-2 3.3 Study Area Boundaries .................................................................................................... 3-2 3.4 Existing Conditions........................................................................................................... 3-5 3.5 Desktop Study and Literature Review.............................................................................. 3-5 3.6 Field Data Collection ........................................................................................................ 3-5 3.6.1 Community Engagement and Scoping ............................................................... 3-5 3.6.2 Map Reviews/Interviews ..................................................................................... 3-6 3.6.3 Field Reconnaissance ......................................................................................... 3-6 3.6.4 Results Review/Reporting ................................................................................... 3-7 4.0 RESULTS OF DESKTOP STUDY AND LITERATURE REVIEW................................................. 4-1 4.1 General Information ........................................................................................................
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