Projects, and Concerns Raised by Stakeholders: • Decreased Navigability of Marine Waterways, Rivers and Lakes
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Prince Rupert Gas Transmission Project Part B-4 – Assessment of Potential Social Effects Section 21 Application for an Environmental Assessment Certificate Transportation 21.0 TRANSPORTATION 21.1 INTRODUCTION Transportation is a valued component (VC) because the Project has the potential to cause increased demand on transportation infrastructure and disruption to navigation of waterways. Road condition and traffic, airports and railways, and marine and freshwater navigability are indicators considered in this assessment. The Transportation VC is linked to two other VCs: • Land and Resource Use (Section 23) in the discussion of marine and freshwater use for fishing and recreation, and • Freshwater Aquatic Resources (Section10) in the discussion of freshwater watercourse crossings. 21.2 SCOPE OF ASSESSMENT AND POTENTIAL EFFECTS 21.2.1 Regulatory and Policy Setting The Navigable Waters Protection Act (NWPA), administered by Transport Canada, protects the public’s right to navigate on waterways and regulates the construction of works that may infringe on this right. It requires approval from Transport Canada be obtained prior to the construction of works in these waterways; this includes construction of wharves, docks, piers, dams, booms, bridges, overhead cables or pipelines. Approval is subject to a satisfactory review of the final design and development plan. The Navigation Protection Act (NPA) will replace the NWPA and is scheduled to come into effect April 2014. While the details of the new Act are still being finalized, it is understood that only scheduled waterways will require approval from Transport Canada while the remaining non-scheduled waterways will be protected by Canada’s common law (Transport Canada 2013). It is believed that the application of the NWPA in this assessment is broader than it would be under the NPA and is therefore likely more conservative. NWPA, section TP 14593 E, outlines additional considerations for pipeline crossings. A pipeline crossing can be considered a “minor work” under the Act if it is buried beneath the bed of the navigable water, and the width of the waters at the crossing location is less than 50 m. Minor works can be exempt from the approval process on a few conditions (Transport Canada 2010): • Vessels are allowed safe access through the work site and are assisted as necessary. • Signage is put in place during construction with specific requirements. • The bed of the navigable water is restored to its natural contours after construction. Revision 1 PRGT004776-TC-EN-FM-0001 May 2014 Page 21-1 Prince Rupert Gas Transmission Project Section 21 Part B-4 – Assessment of Potential Social Effects Transportation Application for an Environmental Assessment Certificate The Canada Shipping Act is administered by Transport Canada and deals with safety, navigation, and protecting the environment for shipping and navigational activities. The provincial Transportation Act is administered by the BC Ministry of Transportation and Infrastructure. The Act deals with public works related to transportation including planning, design, construction, operation, and maintenance of provincial highways. The Canadian Railway Safety Act administered by Transport Canada deals with railway safety across Canada. The BC Ministry of Transportation and Infrastructure also administers the Railway Safety Act, which gives the Ministry authority to govern railways that operate strictly within the province. Airports are regulated federally under the Canada Transportation Act and related Air Transportation Regulations. Transportation of dangerous goods is administered by Transport Canada under the Transportation of Dangerous Goods Act and regulations. 21.2.2 Influence of Consultation on the Identification of Issues and the Assessment Process Working Group members (including Aboriginal Groups) had an opportunity to participate in a consultation process to develop VCs for the Project, including the transportation VC. Prince Rupert Gas Transmission Ltd. (PRGT) also received feedback on transportation issues during the draft Application Information Requirements (AIR) public comment period between November and December 2013, and three Working Group comment periods between October 2013 and January 2014. Information and concerns raised by the public, community members, regulators such as the BC Environmental Assessment Office (EAO), and Working Group members (including Aboriginal Groups) were considered. Key changes were made to the AIR as a result of this feedback: • Several Working Group members, including Aboriginal Groups and government departments, were concerned that the LAA needed to be expanded to capture the effects of the Project on transportation infrastructure and navigable waters. The LAA was adjusted to include all the main routes (major roads and highways, airports, and railways) used to transport workers, goods, and equipment to and from the Project, as well as the navigable waters that have the potential to be disrupted by pipeline construction and operation activities. The RAA was also adjusted to include the transportation network connecting to the LAA in the broader scope of British Columbia. • Concerns were also raised about the effects of the Project on road and bridge conditions, particularly with respect to heavy vehicle demands. The potential change in heavy vehicle demand was estimated and specific mitigation measures were included to address these concerns. PRGT004776-TC-EN-FM-0001 Revision 1 Page 21-2 May 2014 Prince Rupert Gas Transmission Project Part B-4 – Assessment of Potential Social Effects Section 21 Application for an Environmental Assessment Certificate Transportation • Several Working Group members asked for specific details to be included in the Application related to information on current traffic and use of transportation infrastructure and navigable waters, estimated Project traffic volumes, and details about offshore pipelaying activities pertaining to navigability. Such details are included in the Application. • Other issues raised on the draft AIR pertaining to the transportation assessment that have been addressed include potential effects on major roads and highways, marine and freshwater navigability, airports, and railways. For more detailed information regarding the issues and concerns raised, refer to the Working Group comment tracking table (Appendix C-3) and the compiled public comments and proponent responses (Appendix C-4). Aboriginal Groups raised specific issues about potential Project effects related to transportation during PRGT’s ongoing Aboriginal Consultation Program, Traditional Land Use (TLU) studies, and background research. These issues were used to inform the selection of indicators (Section 21.2.3), Project effects (Section 21.2.4) and measurable parameters (Section 21.2.5). Specific issues were identified by Aboriginal Groups and addressed in the assessment: • A change in marine or freshwater navigability could affect haul outs, anchorages, travel routes, recreational and commercial vessel traffic, fishing and harvesting activities, or change access to marine protected areas. It could lead to avoidance or loss of preferred locations, a change in teachings and areas used for teaching, or affect the ability to engage in cultural practice within specific areas of cultural importance, including risk perception and alienation of Aboriginal marine users. • The Project could potentially damage freshwater travel corridors. • Increased marine traffic could affect marine harvesting (or marine safety). • Increased freshwater traffic could affect aquatic resources. There were no specific issues raised by Aboriginal Groups related to road condition and traffic, or airports and railways. 21.2.3 Selection of Indicators Indicators for transportation were identified to focus on the scope of assessment on Project effects associated with transportation in accordance with the EAO’s Guideline for VC Selection (EAO 2013). Indicators for the Project were revised according to Working Group and public input and EAO direction. The final list of transportation indicators was issued by EAO in the AIR dated February 13, 2014, and included marine and freshwater navigability, road condition and traffic, and airports and Revision 1 PRGT004776-TC-EN-FM-0001 May 2014 Page 21-3 Prince Rupert Gas Transmission Project Section 21 Part B-4 – Assessment of Potential Social Effects Transportation Application for an Environmental Assessment Certificate railways. Indicators for transportation were selected because of the potential for the Project to affect navigable waterways during marine and freshwater construction activities; and the potential to increase demands on roads, airports, and railways during the movement of workers, equipment, materials, and other goods. 21.2.4 Selection of Effects Three potential effects were identified for this assessment based on professional judgement, issues identified on similar projects, and concerns raised by stakeholders: • decreased navigability of marine waterways, rivers and lakes. During Project construction at marine or freshwater crossings, waterway users may not be able to access waterways for fishing, recreation, or transport. • increased demands on major roads and highway infrastructure. Additional Project traffic may result in congestion and longer travel times for road users, or a degradation of road surface due to heavy vehicle demands. • increased demands on railways and airports. Similar to roads and highways, increased demands on railways