5.1 - CONSULTATION FIRST NATIONS · 1.2.1 VFPA Category C Review – Aboriginal Consultation...

5.1 - CONSULTATION - FIRST NATIONS

190618_FINAL_Cascadia_AbEngSummary.docx

June 18, 2019

Prepared for:

Canadian Pacific Railway Building 9 1670 Lougheed Highway Port Coquitlam, BC V3B 5C8

Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary

Prepared by:

Hemmera Envirochem Inc. 18th Floor, 4730 Kingsway Burnaby, BC V5H 0C6 T: 604.669.0424 F: 604.669.0430 hemmera.com

Pertains to:

VFPA file No.: 19-006 DFO file No.: 19-HPAC-00243

http://www.hemmera.com/

Canadian Pacific Railway Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

June 2019 Page | i


TABLE OF CONTENTS

LIST OF ACRONYMS AND ABBREVIATIONS ........................................................................................... II

LIST OF SYMBOLS AND UNITS OF MEASURE ........................................................................................ II

1.0 INTRODUCTION .............................................................................................................................. 1

1.1 Project Overview ................................................................................................................. 1

1.2 Regulatory Context ............................................................................................................. 1

1.2.1 VFPA Category C Review – Aboriginal Consultation Requirements ..................... 1

2.0 ENGAGEMENT APPROACH .......................................................................................................... 4

2.1 Engagement Objectives ...................................................................................................... 4

2.2 Aboriginal Groups Identified for Engagement ..................................................................... 4

3.0 KEY ENGAGEMENT ACTIVITIES .................................................................................................. 6

4.0 ISSUES TRACKING LOG ............................................................................................................. 11

5.0 ENGAGEMENT SUMMARY .......................................................................................................... 12

6.0 CLOSURE ...................................................................................................................................... 13

LIST OF TABLES (WITHIN TEXT)

Table 1 Key Engagement Activities ................................................................................................. 9

Table 2 Issues Raised by Aboriginal Groups during Early Engagement ....................................... 11

LIST OF FIGURES (WITHIN TEXT)

Figure 1 Viterra-Cascadia Terminal Capacity Expansion Project, located in the Burrard Inlet,

Burnaby, BC. ....................................................................................................................... 2

Figure 2 Viterra–Cascadia Terminal Capacity Expansion Project Footprint and Fish Habitat

Impact Summary ................................................................................................................. 3

LIST OF APPENDICES

Appendix A

Appendix B

Project Notification Letter

Record of Contact with Aboriginal Groups


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LIST OF ACRONYMS AND ABBREVIATIONS

Acronym / Abbreviation Definition

CP Canadian Pacific Railway

Hemmera Hemmera Envirochem Inc.

PER Project and Environmental Review

Project Viterra-Cascadia Terminal Capacity Expansion Project

VFPA Vancouver Fraser Port Authority

LIST OF SYMBOLS AND UNITS OF MEASURE

Symbol / Unit of Measure Definition

m metres


June 2019 Page | 1


1.0 INTRODUCTION

Hemmera Envirochem Inc. (Hemmera) was retained by Canadian Pacific Railway (CP) to support

Aboriginal engagement and consultation activities for the proposed Viterra-Cascadia Terminal Capacity

Expansion Project (the “Project”). This summary report pertains to the Viterra East portion of the project.

The consultation activities are being undertaken in support of CP’s application for a permit under the Vancouver Fraser Port Authority’s (VFPA) Project and Environmental Review (PER) – Category C process.

In addition, CP will be submitting a federal Fisheries and Oceans Canada (DFO) Fisheries Act Para. 35(2)b

Authorization application and a Transport Canada Navigation Protection Act work assessment. This report

describes engagement activities with potentially affected Aboriginal groups undertaken by Hemmera, on

behalf of CP, prior to application submission.

1.1 Project Overview

The Viterra East Project involves expansion of rail capacity east of Viterra’s Cascadia Terminal on

Burrard Inlet in Vancouver, BC to accommodate unloading of additional grain product at the terminal

(Figure 1). Specifically, existing track will be increased in length by approximately 300 metres (m) to the

north of the existing mainline track. To enable this expansion, a rock embankment will be constructed that

will encroach into Burrard Inlet by approximately 20 m (Figure 2).

During construction, the Project Area will be accessed by water. A crane-mounted derrick and a material

supply barge will be anchored offshore, and a work pad will be temporarily constructed at the west end of

the Project site to unload materials. Granular and rock fill will be transported to the site via barge.

1.2 Regulatory Context

The Project will require the following approvals/permits, some of which have been received:

• Archaeological permits (received)

• VFPA Category A Permit for geotechnical drilling investigation (received)

• VFPA Category C Project Permit under the PER process

• VFPA licence/lease for the expanded track area

• DFO Para. 35(2)b Fisheries Act Authorization

• Navigation Protection Act work assessment

1.2.1 VFPA Category C Review – Aboriginal Consultation Requirements

According to VFPA guidance, Aboriginal consultation is typically a requirement for the VFPA PER –

Category C process. Applicants are encouraged to engage with Aboriginal groups prior to submitting a

completed application (i.e., during submission development and review). Additionally, applicants are

generally expected to collaborate closely with VFPA to undertake formal Aboriginal consultation activities,

which commence once the VFPA has accepted a complete Project application for review.1

1 VFPA. 2015. Project and Environmental Review: Aboriginal Consultation – Information for Applicants. Retrieved on 22 May

2019 from https://www.portvancouver.com/wp-content/uploads/2017/04/VFPA-PER-Aboriginal-Consultation-Information-for-Applicants-FINAL-2015-07-09.pdf

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- Contains information licensed under the Open Government Licences -Province of British Columbia and City of Vancouver- Proposed Project Features: AECOM, 2019- Aerial Image: City of Vancouver, 2015; ESRI World Imagery- Inset Basemap: ESRI World Topographic Map

Sources

1. All mapped features are approximate and should be used for discussionpurposes only.2. This map is not intended to be a “stand-alone” document, but a visual aidof the information contained within the referenced Report. It is intended tobe used in conjunction with the scope of services and limitations describedtherein.

Notes

Proposed Track Extension

Project Footprint

CP Mileage

Existing CP Railway

Viterra-CascadiaTerminal Capacity Expansion Project

Burrard Inlet, Burnaby, BC

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PERMANENT ALTERATION - MARINE INTERTIDAL3,603 m2

DESTRUCTION - MARINE INTERTIDAL1,679 m2

PERMANENT ALTERATION - MARINE SUBTIDAL331 m2

CASCADIA TERMINAL

CP LEASE ROW

[PLAN V-4324(02)]

Project Footprintand Fish Habitat Impact Summary

Viterra-CascadiaTerminal Capacity Expansion Project

Burrard Inlet, Burnaby, BC

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Tide Line

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Fish Habitat Impact

Destruction - Marine Intertidal

Destruction - Riparian

Permanent Alteration - Marine Intertidal

Permanent Alteration - Marine Subtidal

- Contains information licensed under the Open Government Licences -Province of British Columbia and City of Vancouver- Proposed Project Features: AECOM, 2019- Aerial Image: City of Vancouver, 2015

Sources

1. All mapped features are approximate and should be used for discussionpurposes only.2. This map is not intended to be a “stand-alone” document, but a visual aidof the information contained within the referenced Report. It is intended tobe used in conjunction with the scope of services and limitations describedtherein.

Notes


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2.0 ENGAGEMENT APPROACH

2.1 Engagement Objectives

Hemmera and CP, engaged Aboriginal groups early in the application planning and preparation process.

Objectives of these early engagement activities include the following:

• Establish productive and enduring relationships with Aboriginal groups that may be impacted by

the Project

• Better understand potential impacts on Aboriginal groups’ unique rights and interests, as well as

associated concerns

• Collaboratively develop mitigation measures and other strategies for addressing potential concerns

and adverse impacts

CP is committed to fostering and maintaining regular dialogue and communications throughout the early

stages of the project planning and permitting phases of the project lifecycle. This commitment by CP will

continue throughout the VFPA’s formal consultation period and as required during the construction phase.

2.2 Aboriginal Groups Identified for Engagement

To inform the scope of project engagement, VFPA provided CP with the following list of eleven Aboriginal

groups whose traditional territories overlap the Project site.

• Cowichan Tribes

• Halalt First Nation

• Kwikwetlem First Nation

• Lake Cowichan First Nation

• Lyackson First Nation

• Musqueam Indian Band

• Penelakut Tribe

• Squamish Nation

• Stó:lō Nation

• Stz’uminus First Nation

• Tsleil-Waututh Nation

CP initiated communication with these First Nations by providing a letter dated February 25, 2019 outlining

the scope and rationale for the Project and requested that First Nations express their level of interest in the

Project. CP then followed up with the eleven First Nations by phone and email to confirm receipt of the

Project notification letter. Specific dates of correspondence are provided in Appendix B.

Subsequent to CP’s communication, the Kwikwetlem First Nation and the Tsleil-Waututh Nation formally

expressed their interest in the Project by email on February 25, 2019 and February 28, 2019, respectively.


June 2019 Page | 5


The following Aboriginal groups either deferred to other Nations or indicated that they did not require further

engagement on the project:

• Cowichan Tribes

• Halalt First Nation

• Lake Cowichan First Nation

• Squamish Nation

• Stó:lō Nation

To date, four Aboriginal groups have not formally responded to the Project notification letter and follow-up

correspondence:

• Lyackson First Nation

• Musqueam Indian Band

• Penelakut Tribe

• Stz’uminus First Nation

CP and Hemmera continue to reach out to groups that have not responded to confirm receipt of the Project

notification letter and offer opportunities for further engagement.


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3.0 KEY ENGAGEMENT ACTIVITIES

To date, key engagement activities have included the following (see Table 1):

• Providing Aboriginal groups with a Project notification letter

• Following up with Aboriginal groups by phone and email to confirm receipt of the Project notification

letter

• Answering any initial questions

• Holding introductory meetings, as requested

• Holding fisheries offsetting consultation sessions, as requested

• Providing key Project documents to Aboriginal groups, as requested: Draft Aquatic Effects

Assessment2 (renamed Habitat Assessment), Draft Habitat Assessment3, Draft Offsetting Plan4,

and Draft Construction Environmental Management Plan5

CP is actively engaged with the Kwikwetlem First Nation and the Tsleil-Waututh Nation and has established

a formal relationship through a Capacity Funding agreement with the Kwikwetlem First Nation. CP is in the

process of establishing a similar agreement with the Tsleil-Waututh Nation. The intention of these

agreements is to provide suitable funding for the technical and cultural (TK) review and input into the project.

Specific engagement activities completed to date with both Nations have included: Project introductory

meetings and offsetting-specific consultation sessions on April 26, 2019 (Tsleil-Waututh Nation), and

May 1, 2019 (Kwikwetlem First Nation), and providing key Project documents to Aboriginal groups. The

objective of these engagement activities has been to work collaboratively with these engaged First Nations,

to obtain their feedback on the Project, associated resource values (e.g., sensitive habitats, such as kelp

beds), appropriate mitigation measures, and potential offsetting options.

The following sub-sections describe in more detail how CP collaborated with Aboriginal groups and

responded to their feedback.

Task-Specific Engagement (Pre-construction Archaeological Field Assessment)

In January 2019, Terra Archaeology, on behalf of CP, initiated engagement with select Aboriginal groups

in support of a BC Heritage Conservation Act permit application. Specifically, Terra Archaeology distributed

Permit 2018-0282 Notice of Work to potentially affected Aboriginal groups, applied for Aboriginal group-

specific archaeological permits, and conducted a pre-construction archaeological field assessment with

Kwikwetlem First Nation and Tsleil-Waututh Nation participants (Table 1).

2 Hemmera Envirochem Inc. 2019a. Viterra Cascadia Terminal Track Expansion Aquatic Effects Assessment (Draft dated March

15, 2019). Prepared for Canadian Pacific Railway. 3 Hemmera Envirochem Inc. 2019b. Viterra Cascadia Terminal Track Expansion – Habitat Assessment (Draft dated May 14, 2019)

Prepared for Canadian Pacific Railway Company. 4 Hemmera Envirochem Inc. 2019c. Viterra Cascadia Terminal Track Expansion – Offsetting Plan (Draft dated May 14, 2019).

Prepared for Canadian Pacific Railway Company. 5 Hemmera Envirochem Inc. 2019d. Viterra Cascadia Terminal Track Expansion – Construction Environmental Management Plan:

VFPA PER No. 19-00 (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway.


June 2019 Page | 7


Task-Specific Engagement (Pre-project Planning – Draft Aquatic Effects Assessment)

Upon review of the Aquatic Effects Assessment (sent by Hemmera on behalf of CP to Aboriginal groups on

March 15, 2019; subsequently renamed the Habitat Assessment), Tsleil-Waututh Nation provided input on

site history and the decline of Pacific herring in Burrard Inlet and requested that the assessment be updated

to reflect this information. The Tsleil-Waututh Nation also noted the presence of kelp beds within the vicinity

of the Project and the potential for impacts from the Project. In addition, a recommendation was provided

by Tsleil-Waututh Nation for CP to consider inclusion of soft shore erosion protection in the design of the

Project. CP ensured that the Habitat Assessment included additional information regarding site history,

Pacific herring decline, and both the location of kelp beds and potential interactions with the Project. More

specifically, kelp bed mapping information provided by Tsleil-Waututh Nation was incorporated within the

Habitat Assessment and included in the Project’s effects assessment.

Task-Specific Engagement (Pre-project Planning – Habitat Offsetting Consultation Sessions)

The Tsleil-Waututh Nation and the Kwikwetlem First Nation explained to CP that they wanted to provide

input towards habitat offsetting and expressed an interest in participating in the development of the

offsetting plan. On April 26, 2019 and May 1, 2019, CP held offsetting-specific consultation sessions with

Tsleil-Waututh Nation and Kwikwetlem First Nation, respectively. CP and Hemmera presented proposed

offsetting concepts. The Tsleil-Waututh Nation and the Kwikwetlem First Nation were offered to provide

feedback, which was in turn incorporated into the final Offsetting Plan.

CP collaborated with Tsleil-Waututh Nation and Kwikwetlem First Nation during and following the offsetting

consultation sessions. Both Tsleil-Waututh Nation and Kwikwetlem First Nation indicated general support

for the proposed offsetting, including the on-site approach focusing on inclusion of artificial reefs providing

valuable habitat for kelp, fish and other species, with the understanding that a draft Offsetting Plan would

be provided for further review and input. Feedback from Tsleil-Waututh Nation and Kwikwetlem First Nation

was carefully considered, and changes were made to the offsetting approach where appropriate and

feasible. The Tsleil-Waututh Nation noted recent evidence of Pacific herring spawning within Indian Arm

(April 2019) and both the Tsleil-Waututh and the Kwikwetlem First Nation recommended that offsetting

habitats incorporate design features that would benefit Pacific herring spawning habitat values. The Tsleil-

Waututh Nation also expanded upon a previous recommendation provided during review of the original

Aquatic Effects Assessment for inclusion of soft shore erosion protection designs for the Project by

suggesting that offsetting include soft engineering approaches (e.g., beaches) whenever feasible when

pursuing offsetting within Burrard Inlet.

CP ensured that the Offsetting Plan included thorough consideration of design options that might further

enhance herring spawning habitat values over the original offsetting concepts. CP also considered the

inclusion of beaches into the offsetting design and reached a conclusion that site conditions and tidal

currents would preclude inclusion of finer substrate sizes. Kwikwetlem First Nation also recommended the

inclusion of a research component within planned offsetting that could inform general knowledge and

benefit future management decisions (e.g., deployment of underwater cameras to record colonization and

fish presence), which remains as a point of discussion as offsetting works advance. As requested by the

Nations, CP continues to work closely and share information with the Tsleil-Waututh Nation and the

Kwikwetlem First Nation and plans to include them in monitoring activities.


June 2019 Page | 8


Task-Specific Engagement (Pre-project Planning – Draft Habitat Assessment, Offsetting Plan and Construction Environmental Management Plan)

In mid-May 2019, Hemmera, on behalf of CP, shared the draft Habitat Assessment (replacing the previous

Aquatic Effects Assessment), Offsetting Plan, and Construction Environmental Management Plan with the

Tsleil-Waututh Nation and the Kwikwetlem First Nation.

Habitat Assessment

The Kwikwetlem First Nation noted that fish use within the Project Area was not based on actual numbers

and that project monitoring could build more confidence around similar assessments and assumptions.

In addition, Kwikwetlem First Nation requested the inclusion of additional assessment information on habitat

quality in addition to habitat availability in the assessment. In response, CP ensured that habitat

effectiveness monitoring proposed within the Offsetting Plan would provide details on habitat use by motile

aquatic biota (including fish) and provided more details on fish habitat values within both the Habitat

Assessment and the Offsetting Plan.

Offsetting Plan

In response to the Kwikwetlem First Nation’s request to ensure adequacy of offsetting effectiveness

monitoring, CP acknowledged that five-year monitoring was necessary and modified post-construction

monitoring metrics to support thorough assessments of habitat values. Kwikwetlem First Nation also

expressed an interest and, as a result, CP intends to share environmental monitoring reports for

construction of offsetting habitat with the Kwikwetlem First Nation. Kwikwetlem First Nation further

expressed an interest in training and employment opportunities during construction of offsetting habitats.

CP plans to follow-up on these opportunities, including having a Cultural Monitor on-site during construction.

With respect to Kwikwetlem First Nation’s reiterated request for inclusion of Pacific herring spawning habitat considerations, CP ensured that the Offsetting Plan included thorough consideration of design options that

might further enhance herring spawning habitat values over the original offsetting concepts. Kwikwetlem

First Nation also reiterated the previous recommendation for CP to consider potential deployment of

underwater cameras to record colonization and fish presence, which has been referenced by CP in the

updated Offsetting Plan with the understanding that research components during offsetting remain as a

point of discussion with Aboriginal groups as offsetting works advance.

Construction Environmental Management Plan

The Tsleil-Waututh Nation indicated a desire to have their archaeological Chance Find Guideline included

in the Construction Environmental Management Plan. CP confirmed that the Chance Find Guidelines are

reflected in the Construction Environmental Management Plan and that a cultural presentation would be

delivered on-site.

The Kwikwetlem First Nation expressed an interest in receiving construction environmental monitoring

reports, and as a result, CP intends to share these reports with the Kwikwetlem First Nation.

The Kwikwetlem First Nation expressed an interest in training and employment opportunities during

construction. CP plans to follow-up on these opportunities, including having a Cultural Monitor on-site during

construction.


June 2019 Page | 9


Table 1 Key Engagement Activities

Key Activities Details Aboriginal Groups Dates

Terra Archaeology distributed Permit 2018-0282 Notice of Work

Terra Archaeology provided Permit 2018-0282 Notice of Work to potentially affected Aboriginal groups for their review and comment.

Musqueam Indian Band

Squamish Nation

Stó:lō Nation

Stó:lō Tribal Council Tsleil-Waututh Nation

January 31, 2019

Terra Archaeology applied for Aboriginal group-specific archaeological permits

Terra Archaeology applied for Aboriginal group-specific archaeological permits, where applicable:

• Musqueam Nation Heritage Investigation Permit

• Squamish Nation Archaeological Investigation Permit

• Stó:lō Heritage Investigation Permit

• Tsleil-Waututh Nation Cultural Heritage Investigation Permit


Squamish Nation

Stó:lō Nation

Tsleil-Waututh Nation

February 4, 2019

Hemmera sent Project notification letters

Hemmera sent a Project notification letter (via post and email) to the 11 Aboriginal groups identified by VFPA (see Appendix A). The letter included the following information:

• Project overview

• Project location

• Project design drawing

• Key construction activities

• Regulatory requirements

• CP contact information

Cowichan Tribes

Halalt First Nation

Kwikwetlem First Nation

Lake Cowichan First Nation

Lyackson First Nation


Penelakut Tribe

Squamish Nation

Stó:lō Nation

Stz’uminus First Nation


February 25-26, 2019

Hemmera followed up with Aboriginal groups

Hemmera phoned and/or emailed 10 Aboriginal groups to confirm receipt of the Project notification letter, answer any initial questions, and coordinate introductory meetings, as requested (Stó:lō Nation had already responded to the Project notification letter and deferred consultation to other First Nations).

Cowichan Tribes

Halalt First Nation





Penelakut Tribe

Squamish Nation

Stz’uminus First Nation


March 12, 2019 – ongoing

CP and Hemmera held introductory meetings

CP and Hemmera held introductory meetings with Aboriginal groups, as requested. A project overview was presented, and opportunities were provided for Aboriginal groups to share initial questions, comments, and concerns.



March 8 and 12, 2019

Terra Archaeology led a pre-construction archaeological assessment

Terra Archaeology led a pre-construction archaeological assessment with participants from potentially affected Aboriginal groups that expressed interests in the Project.


Tsleil-Waututh Nation March 2019


June 2019 Page | 10


Key Activities Details Aboriginal Groups Dates

Hemmera provided draft Aquatic Effects Assessment

Hemmera provided the draft Aquatic Effects Assessment6 (renamed Habitat Assessment) to Tsleil-Waututh Nation, following the introductory meeting, at the Nation’s request. Hemmera provided a subsequent version of the draft Aquatic Effects Assessment (renamed Habitat Assessment) to Kwikwetlem First Nation, as described below (see “Hemmera provided key Project documents”).

Tsleil-Waututh Nation March 22, 2019

CP and Hemmera held fisheries habitat offsetting consultation sessions

CP and Hemmera held offsetting consultation sessions with Aboriginal groups, as requested. Proposed offsetting activities were presented, and opportunities for Aboriginal groups to provide preliminary feedback were provided.



April 26 and May 1, 2019

Hemmera provided key Project documents

Hemmera provided key Project documents to Aboriginal groups for their review and comment, including:

• Draft Habitat Assessment7

• Draft Offsetting Plan8

• Draft Construction Environmental Management Plan9



May 14-16, 2019

6 Hemmera Envirochem Inc. 2019a. Viterra Cascadia Terminal Track Expansion Aquatic Effects Assessment (Draft dated March

15, 2019). Prepared for Canadian Pacific Railway. 7 Hemmera Envirochem Inc. 2019b. Viterra Cascadia Terminal Track Expansion – Habitat Assessment (Draft dated May 14, 2019)

Prepared for Canadian Pacific Railway Company. 8 Hemmera Envirochem Inc. 2019c. Viterra Cascadia Terminal Track Expansion – Offsetting Plan (Draft dated May 14, 2019).

Prepared for Canadian Pacific Railway Company. 9 Hemmera Envirochem Inc. 2019d. Viterra Cascadia Terminal Track Expansion – Construction Environmental Management Plan:

VFPA PER No. 19-00 (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway.


June 2019 Page | 11


4.0 ISSUES TRACKING LOG

Table 2 below summarizes Project-related comments and concerns identified by Aboriginal groups, CP

responses, and status (current to June 9, 2019). To date, comments and concerns have been shared only

by the Kwikwetlem First Nation and the Tsleil-Waututh Nation. Hemmera, on behalf of CP, will continue to

track issues raised by Aboriginal groups and how these are addressed.

Table 2 Issues Raised by Aboriginal Groups during Early Engagement

Aboriginal Group Comments and Concerns Responses Status


Recommended minor revisions to Draft Aquatic Effects Assessment

Draft Aquatic Effects Assessment (renamed Habitat Assessment) updated accordingly

Complete

Shared concerns about kelp shading

CP added kelp data to project footprint figure to show potential overlaps with kelp

Complete

Recommended that a kelp bed study be conducted as part of the compensation program

Offsetting Plan updated to reflect related discussions with Aboriginal groups

Complete

Recommended use of soft shore erosion protection

Offsetting Plan updated to reflect related discussions with Aboriginal groups

Complete

Requested that biodegradable oil be used by all machines working near water

CP shared that this is standard practice Complete

Recommended creating herring spawning habitat in the area, if feasible

Offsetting Plan revised to assess design options that might enhance herring spawning habitat and evaluate need for any design changes

Complete

Requested addition of a filter to the rip rap slope

CP confirmed that there should be no issues with “side cast” from railcars, as there are no oil facilities in the area

Complete

Requested that Chance Find Procedure reflect Tsleil-Waututh Chance Find Guidelines

Construction Environmental Management Plan and enclosed Chance Find Procedure reflect Tsleil-Waututh Chance Find Guidelines (e.g., requirement for an on-site presentation, inclusion of a Cultural Monitor in construction monitoring activities)

Complete


June 2019 Page | 12


Aboriginal Group Comments and Concerns Responses Status


Recommended 5-year effectiveness monitoring

CP acknowledged that 5-year effectiveness monitoring is necessary to ensure offsetting objectives are met

Complete

Inquired about employment and training opportunities for Indigenous monitors

CP shared that some employment and training opportunities are anticipated and will follow up with Aboriginal groups as project proceeds

In Progress

Requested construction monitoring reports sharing

CP committed to sharing construction monitoring reports, as available

In Progress

Recommended improvement to herring spawning habitat

Offsetting Plan revised to assess design options that might enhance herring spawning habitat and evaluate need for any design changes

Complete

Recommended underwater camera deployment

Offsetting Plan revised to reference this recommendation

Complete

Noted that project monitoring would help build confidence in understanding of habitat for future assessments

CP acknowledged comment Complete

Shared concerns with assessment of habitat value compared to availability

Proposed metrics for post-construction monitoring modified to reflect intention of ensuring habitat value is thoroughly assessed

Complete

Noted that mitigation measures are closely tied to effectiveness monitoring and timely reporting

CP acknowledged comment and committed to prompt sharing of construction monitoring reports

Complete

5.0 ENGAGEMENT SUMMARY

CP initiated early engagement activities with eleven Aboriginal groups in February 2019, as guided by

VFPA. To date, the Kwikwetlem First Nation and the Tsleil-Waututh Nation have shared their interests in

the Project. Five Aboriginal groups have deferred their interests in the Project, and four Aboriginal groups

have not formally responded to the Project notification letter and subsequent correspondence.

Hemmera continues to facilitate engagement activities with the Kwikwetlem First Nation and the Tsleil-

Waututh Nation. CP and Hemmera met with the Kwikwetlem First Nation and the Tsleil-Waututh Nation

(separately) for Project introductory meetings and consultation sessions specific to fisheries habitat

offsetting. Key Project documents, including the Draft Habitat Assessment, Draft Offsetting Plan, and Draft

Construction Environmental Management Plan, have also been provided to both First Nations for review

and comment. Hemmera revised these documents based on the Aboriginal groups’ comments.


June 2019 Page | 13


6.0 CLOSURE

We appreciate the opportunity support CP. If there are any questions, please do not hesitate to contact the

undersigned by phone at 604.669.0424.

Report prepared by: Report reviewed by: Hemmera Envirochem Inc. Hemmera Envirochem Inc.

Celine Lee, B.Sc. (Honours) John Emery, MA, Dipl. Tech., AScT, EP Human Environment Specialist Community Engagement Lead

APPENDIX A Project Notification Letter


Joe Van Humbeck

System Manager Environmental Assessment

Environmental Risk

7550 Ogden Dale Road SE

Calgary Alberta

Canada T2C 4X9

T 403 319 6530

C 403 809 2530

E [email protected]

[Date]

[Aboriginal Group Contact]

[Address – Line 1]

[Address – Line 2]

BY: [Delivery Method]

Dear [Aboriginal Group Contact]:

Re: Proposed CP Capacity Expansion Project – Viterra Cascadia Terminal Track Expansion

Canadian Pacific Railway (CP) is proposing to expand rail operations capacity near the Viterra Cascadia Terminal on Burrard Inlet, Vancouver, BC to facilitate movement of additional grain product into this terminal. The proposed track upgrade involves increasing the length of the existing third track by approximately 300 metres (m) to the east of the Cascadia Terminal, as shown in Figure 1. The project will involve widening the existing CP rail bed into Burrard Inlet by placing clean, engineered, fill material into the intertidal and potentially subtidal marine environment, as shown in Figure 2.

The proposed construction activities are anticipated to occur from the marine side of the project area facilitated by a crane-mounted derrick and a material supply barge anchored immediately offshore. A work pad will be temporarily constructed at the west end of the project site to support construction activities. A biophysical survey and geotechnical drilling program will be conducted to determine baseline environmental and soil conditions to support the environmental assessment and design.

The proposed rail extension requires Vancouver Fraser Port Authority (VFPA) approval, pursuant to the Project and Environmental Review (PER) process. CP will also require an interest in land from VFPA, either in the form of a licence or lease, for the expanded track area that extends into Burrard Inlet. Fisheries and Oceans Canada (DFO) will have interest in the project and, based on our present understanding of the area of marine fish habitat subject to infill, the project is anticipated to require an Authorization pursuant to Section 35(2) of the Fisheries Act. An Authorization would also necessitate offsetting for any temporal and residual effects to fish and fish habitat (that remain following implementation of any mitigation measures).

Project planning and permitting activities are expected to be complete in Q1 to Q3 of 2019 and construction is proposed for Q4 2019. The project is planned to be operational in spring 2020.

CP is committed to creating long-lasting relationships with communities and their leaders and building a better understanding of how we operate along the way. As such, we would like to better understand your interest, if any, in this Project. I would be happy to discuss the project in further detail and I am available to provide additional information to help address any questions or concerns you may have at this time. I can be reached by email at [email protected] or by telephone at 403-319-6530.

Sincerely, Canadian Pacific

Joe Van Humbeck System Manager Environmental Assessment cc: [Aboriginal Group Contact]

Figure 1 Project Location


Figure 2 Project Design

APPENDIX B Record of Contact with Aboriginal Groups

Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

June 2019 Page | 1


Aboriginal Group

Date Method Sender/

Attendees Recipient Description Attachments

Actions/Follow-ups Indicates Complete

Cowichan Tribes

25/02/2019 Email Crystal Lloyd (Hemmera), on behalf of Joe Van Humbeck (CP)

Eamon Gaunt ([email protected]), Natalie Anderson ([email protected]), Candace Charlie ([email protected]), Referral Coordinator ([email protected])

Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).

Project notification letter

Cowichan Tribes

26/02/2019 Courier Hemmera, on behalf of CP Chief William "Chip" Seymour and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Cowichan Tribes

12/03/2019 Phone Celine Lee (Hemmera) Natalie Anderson (Referrals Coordinator, CT) Celine follows up on project notification letter. Natalie notifies Celine that CT has decided to defer the project review to TWN, given the location in Burrard Inlet.

Halalt First Nation


Raven August ([email protected]) Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Halalt First Nation

26/02/2019 Courier Hemmera, on behalf of CP Chief James Thomas and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Halalt First Nation

14/03/2019 Phone Celine Lee (Hemmera) Raven August (Referrals, HFN)

Celine confirms with Raven that HFN received project notification letter. Raven says the referral was classified as "benign" and no further follow-up is required. HFN is more concerned with projects near Annacis Island in the Fraser River.



Ron Giesbrecht ([email protected]), Lynn Doolan ([email protected])




25/02/2019 Email Reaman Miller (Referrals Liaison Officer, KFN, [email protected])

Crystal Lloyd (Hemmera)

Reaman requested that he be included on all future correspondence with KFN and suggested arranging a meeting with Robert Corman (Director of Lands and Resources, KFN) and Annie Coetze (Executive Assistant, KFN).


26/02/2019 Courier Hemmera, on behalf of CP Chief Ron Giesbrecht and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



08/03/2019 Meeting

Crystal Lloyd (Hemmera), Trevor Welton (Hemmera), Chris Dane (CP), Richard Dryan (CP), Nicole Oakes (KFN Arch), Craig Orr (KFN), Reaman Miller (KFN), Annie Coetzee (KFN), Robert Corman (KFN)

n/a CP provides presentation outlining project and answers questions from KFN.

1. Notify KFN when RFP package is released.

2. Terra to follow up with KFN regarding participating in

geotechnical monitoring work on March 18, 2019. (complete)


08/03/2019 Email Crystal Lloyd (Hemmera) Annie (KFN, [email protected]) Crystal sends Annie an email thanking her for the meeting and provides follow-up materials.

Engineering drawing, project presentation


11/03/2019 Email Ewan Anderson (Terra Archaeology)

Nicole Oakes ([email protected])

Ewan sends email to Nicole regarding arch concerns, provides more detailed plans for the Cascadia Track Extension, suggests an approach for inspecting geotechnical samples after drilling, and asks if KFN would like a rep to join the pre-construction AIA.

Detailed project drawing, study area KML file


11/03/2019 Email Nicole Oakes (KFN Arch) Ewan Anderson (Terra Archaeology)

Nicole responds to Ewan and highlights concerns regarding blanket permit notifications, confirms that KFN would like to be involved in inspection of geotechnical samples, and confirms that KFN would like to be involved in pre-construction AIA.

1. KFN requests overview of proposed methods for pre-

construction AIA...Terra to provide, CL to follow up. (complete)

2. KFN asks if a foreshore survey will be conducted. (complete)


June 2019 Page | 2


Aboriginal Group

Date Method Sender/




11/03/2019 Email Ewan Anderson (Terra) Nicole Oakes (Brown & Oakes Archaeology)

Response to KFN comments relayed to Terra by C Lloyd (Hemmera) and request for additional info about Shell Switch Lead project (comments also apply to Cascadia Term Ext project)


11/03/2019 Email Nicole Oakes (B&O Arch) Ewan Anderson (Terra) Response to comments


15/03/2019 Email Ewan Anderson (Terra Archaeology)

Nicole Oakes (Arch, KFN)

Ewan responds to Nicole's March 11th email and suggests arranging a meeting to discuss general concerns with the proponent, confirms geotechnical fieldwork is scheduled for March 25, and provides contact information for Meghan McGill to arrange involvement in review of geotechnical samples.


15/03/2019 Email Ewan Anderson (Terra) Nicole Oakes (Brown & Oakes Archaeology) Rescheduled fieldwork; invite to participate in assessment on Mar 25


20/03/2019 Phone

Call Meghan McGill (Terra) Nicole Oakes (Brown & Oakes Archaeology) Discuss assessment scheduled for Mar 25


21/03/2019 Email Meghan McGill (Terra) Nicole Oakes (Brown & Oakes Archaeology) Follow-up to invite to participate in assessment on Mar 25


01/05/2019 Meeting

Joe Van Humbeck (CP), Jim Roberts (Hemmera), Darrell Desjardin (Hemmera), Trevor Welton (Hemmera), Reaman Miller (KFN, Referrals), Robert Corman (KFN, Lands Director), Annie Coetzee (KFN, Lands and Resources), Theresa Boyce (KFN, Project Manager), Craig Orr (KFN, Environmental Advisor)

n/a Hemmera provides overview of offsetting options and obtains feedback from KFN representatives. Hemmera sends the PowerPoint presentation to KFN after the consultation session.

1. KFN requests that the VFPA and DFO draft applications be

submitted during the week of May 6 to enable a 30-day review period.

(complete)


14/05/2019 Email Crystal Lloyd (Hemmera) Robert Corman (KFN), Reaman Miller (KFN), Annie (KFN), Nicole (KFN, Arch), Craig Orr (KFN) cc: Chris Dane (CP)

Crystal notifies KFN that a link has been provided to the PER application documents for review and comments: CEMP, Habitat Assessment, and Offsetting Plan.


15/05/2019 Email Crystal Lloyd (Hemmera)

Robert Corman (KFN), Reaman Miller (KFN), Annie Coetzee (KFN), Nicole Oakes (KFN, Arch), Craig Orr (KFN) cc: Chris Dane (CP)

Crystal notifies KFN that a revised draft of the CEMP will be provided shortly.


15/05/2019 Email Craig Orr (KFN)

Crystal Lloyd (Hemmera), Robert Corman (KFN), Reaman Miller (KFN), Annie (KFN), Nicole (KFN, Arch) cc: Celine Lee (Hemmera)

Craig replies to Crystal's email, stating that he has just begun to review the documents.


16/05/2019 Email Crystal Lloyd (Hemmera) Robert Corman (KFN), Reaman Miller (KFN), Annie (KFN), Nicole (KFN, Arch), Craig Orr (KFN), Chris Dane (CP), Celine Lee (Hemmera)

Crystal provides a link to the updated CEMP with Terra Archaeology's Chance Find Procedure.


17/05/2019 Email Craig Orr (KFN)

Crystal Lloyd (Hemmera), Robert Corman (KFN), Reaman Miller (KFN), Annie Coetzee (KFN), Nicole Oakes (KFN, Arch), Celine Lee (Hemmera), Chris Dane (CP)

Craig provides comments on the draft CEMP, Habitat Assessment, and Offsetting Plan.

Comments on Viterra Cascadia Terminal Track Expansion Offsetting Plan (includes comments on all

3 plans)



Aaron Hamilton ([email protected]), Carole Livingstone ([email protected])




June 2019 Page | 3


Aboriginal Group

Date Method Sender/




26/02/2019 Courier Hemmera, on behalf of CP Chief Councillor Georgina Livingstone and Councillors

Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



12/03/2019 Phone Celine Lee (Hemmera) Carole Livingstone (Treaty and Referral Office, Councillor, LCFN)

Celine follows up with Carole regarding project notification letter. Carole requests that letter be re-sent and KMZ files provided.

1. Celine to re-send project notification letter to Carole.

(complete) 2. Celine to provide KMZ files, if

possible. (complete)


12/03/2019 Email Celine Lee (Hemmera) Carole Livingstone (Treaty and Referral Office, Councillor, LCFN)

Celine re-sends project notification letter to Carole and sends shapefiles (not KMZ format).

Project notification letter, shapefiles


12/03/2019 Email Sherry Livingstone (LCFN) Joe Van Humbeck (CP) Sherry notifies Joe of Nation's new mailing address and email addresses.

1. Celine to update contact information spreadsheet.

(complete)



Celine sends project KMZ file to Carole. KMZ files


28/03/2019 Phone Celine Lee (Hemmera) n/a Celine phones LCFN. The office is closed until April 1, 2019.


03/04/2019 Phone Celine Lee (Hemmera) Carole Livingstone (Treaty and Referral Office, Councillor, LCFN)

Celine follows up with Carole regarding project notification letter.

1. Celine to re-send project

notification letter and KMZ files to Carole's new email. (complete)



Celine re-sends project notification letter and KMZ files to Carole's new email address.

Project notification letter, KMZ files


03/04/2019 Email Carole Livingstone (Treaty and Referral Office, Councillor, LCFN)

Celine Lee (Hemmera) Carole confirms receipt of project notification letter and KMZ files, as well as inquires as to the primary contact for the referral.



Celine responds that she can be listed as the primary contact for the referral. Crystal Lloyd can also be listed as a contact, if possible.


04/04/2019 Email Carole Livingstone via LCFN Knowledge Keeper

Celine Lee (Hemmera)

Carole provides the proposed referral decision: L2 - Defer to other First Nation(s) Marine. The email states, "at this time, we defer to any Nation(s) whose title and governing authorities are directly affected."



Celine emails Carole to confirm receipt of the referral decision.



[email protected] Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



26/02/2019 Courier Hemmera, on behalf of CP Chief Pahalicktun (Richard Thomas) and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



14/03/2019 Phone Celine Lee (Hemmera) Maggie Lunleon (Referrals Assistant, LFN) Celine confirms LFN referral process with Maggie. 1. Celine to email Maggie project

notification letter. (complete)


14/03/2019 Email Celine Lee (Hemmera) Maggie Lunleon ([email protected]) Celine sends project notification letter to Maggie for intake/initial review.



09/04/2019 Phone Celine Lee (Hemmera) Maggie Lunleon (Referrals Assistant, LFN)

Celine speaks with Maggie, who confirms that she will review the referral with Shannon (Director of Operations) and provide a response if there are any questions/concerns. Referral reviews happen on Mondays.


31/01/2019 Portal Chantale Picard (Terra) Aviva Rathbone (Musqueam) Distribution of Permit 2018-0282 Notice of Work


June 2019 Page | 4


Aboriginal Group

Date Method Sender/




04/02/2019 Portal Chantale Picard (Terra) Aviva Rathbone (Musqueam) Application for Musqueam Nation Heritage Investigation Permit


05/02/2019 Portal Aviva Rathbone (Musqueam) Chantale Picard (Terra) Acknowledged receipt of permit application, notified that she will issue the permit upon receipt of the permit fee


13/02/2019 Portal Aviva Rathbone (Musqueam) Chantale Picard (Terra) Issued Musqueam Permit MIB-2019-025-AIA



Diane Sparrow ([email protected]), Kaitlan Lay ([email protected]), [email protected], [email protected]





Etienne Beaudet ([email protected]) Hemmera emails project notification letter to Etienne (includes project overview, anticipated regulatory activities, and anticipated timeline).



26/02/2019 Courier Hemmera, on behalf of CP Chief Wayne Sparrow and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



06/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Invitation to participate in assessment scheduled for Mar 13


07/03/2019 Phone Celine Lee (Hemmera) Diane Sparrow (MIB) Celine phones Diane and leaves a message regarding setting up a project meeting with CP and Hemmera.


11/03/2019 Email Aviva Rathbone (Musqueam) Ewan Anderson (Terra) cannot send participant on Mar 13; okay to proceed as long as other FN present


12/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) Celine phones Kaitlan and leaves a message regarding setting up a project meeting with CP and Hemmera.


12/03/2019 Phone Celine Lee (Hemmera) Larissa Grant (Referrals, Research and Engagement, MIB)

Celine confirms with Larissa that project notification letter has been received. Larissa says that she will speak with Kaitlan Lay and then follow up with Celine (Diane Sparrow is no longer working with MIB).

1. Celine to follow up with Larissa by phone and/or email

([email protected]) later in the week. (complete)



Celine confirms with Larissa that MIB has received the project notification letter but has not yet reviewed the letter.

1. Celine to follow up with Kaitlan

Lay. (complete)


15/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Rescheduled fieldwork; invite to participate in assessment on Mar 25


20/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) Celine leaves a message on Kaitlan Lay's voicemail regarding the project notification letter and offers to set up a meeting with CP. *Etienne Beaudet is no longer working for MIB.


20/03/2019 Email Celine Lee (Hemmera) Kaitlan Lay (MIB), cc Larissa Grant (MIB) Celine emails Kaitlan to follow up on the project notification letter and offer to set up a meeting.


20/03/2019 Email Meghan McGill (Terra) Aviva Rathbone (Musqueam) Follow-up to invite to participate in assessment on Mar 25


22/03/2019 Email Aviva Rathbone (Musqueam) Meghan McGill (Terra) Confirms Jon Point will participate in assessment on Mar 25


25/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) Celine leaves a message on Kaitlan Lay's voicemail regarding the project and potential meeting with CP.


28/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB), Larissa Grant (MIB) Celine phones Kaitlan - no answer (Celine does not leave a message, as she left one on March 25th). Reception notifies Celine that Larissa will be away until April 2, 2019.


29/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Invite to participate in sample inspection Apr 1; Musqueam declines ("fully booked")


June 2019 Page | 5


Aboriginal Group

Date Method Sender/




01/04/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB), Larissa Grant (MIB) Celine phones both Kaitlan and Larissa. Neither answer.



Celine asks Larissa if MIB has any questions/concerns with the project, at this point, and whether MIB would like to set up a meeting with CP. Larissa advises Celine that Kaitlan Lay (MIB) is on holiday until April 15th, but she will speak with other team members regarding status of the referral.

1. Celine to phone Larissa on April

4, 2019 to confirm status of referral. (complete)



Celine phones Larissa to follow up on discussion of previous day, but there is no answer.



Celine phones Larissa to follow up on April 4th discussion and leaves a message on Larissa's voicemail.



Celine speaks with Larissa, who confirms that Kaitlan will be back in the office on Monday, April 15th. Larissa will follow up with Kaitlan regarding a potential meeting with CP once Kaitlan is back in the office.

1. Celine to send Larissa follow-up email with pertinent information

regarding meeting dates, attendees, purpose etc. (Chris

Dane followed up with Kaitlan Lay directly.)


11/04/2019 Email Chris Dane (CP) Kaitlan Lay (MIB) Chris emails Kaitlan to invite MIB to offsetting consultation session.


14/04/2019 Email Kaitlan Lay (MIB) Chris Dane (CP)

Kaitlan replies to Chris' email, letting him know that she is going to reach out to the MIB fisheries and environment team to see if they would like to participate in an initial information sharing meeting.


15/04/2019 Email Chris Dane (CP) Kaitlan Lay (MIB) Chris confirms receipt of Kaitlan's email.

Penelakut Tribe 25/02/2019 Email Crystal Lloyd (Hemmera), on behalf of Joe Van Humbeck (CP)

Josh James ([email protected]) Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Penelakut Tribe 26/02/2019

Regular mail

(Canada Post)

Hemmera, on behalf of CP Chief Joan Brown and Councillors Hemmera sends project notification letter via Canada Post to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Penelakut Tribe 04/03/2019 Regular

mail Hemmera, on behalf of CP Chief Joan Brown and Councillors

Hemmera re-sends project notification letter to the Nation, as it was initially returned-to-sender due to postage issues.

Project notification letter (dated 1/3/2019)

Penelakut Tribe 14/03/2019 Phone Josh James (Economic Development Office, PT) Celine leaves a message on Josh's voicemail to confirm receipt of project notification letter and potentially set up meeting.

Penelakut Tribe 09/04/2019 Phone Celine Lee (Hemmera) Josh James (Economic Development Office, PT) Celine leaves Josh another voicemail to follow up on the referral.

Penelakut Tribe 16/04/2019 Email Celine Lee (Hemmera) Josh James (Economic Development Office, PT) Celine sends follow-up email to confirm receipt of the project notification letter.


Seabird Island Band

31/01/2019 Email Chantale Picard (Terra) [email protected] and Mitchell April (Seabird Island Band)

Distribution of Permit 2018-0282 Notice of Work

Seabird Island Band

05/03/2019 Email Effie Ned (Referrals Coordinator, [email protected])

Ewan Anderson (Terra Archaeology, [email protected]), [email protected]

Effie sends response to Terra acknowledging receipt of referral Terra ID 19-1235-001 for an AIA for a proposed track realignment and expansion at Second Narrows in Burnaby. Notes that SIB has no input at this time, looks forward to reviewing the AIA report, and would like to be informed of any changes/concerns.


June 2019 Page | 6


Aboriginal Group

Date Method Sender/



Seabird Island Band

05/03/2019 Email Effie Ned (Referrals Coordinator, [email protected])

Ewan Anderson (Terra Archaeology, [email protected]), [email protected]

Effie sends response to Terra acknowledging receipt of referral Terra ID 19-1235-002 for an AIA for the proposed Shell switch lead construction at the Westridge Terminal in Burnaby. Notes that SIB has no input at this time, looks forward to reviewing the AIA report, and would like to be informed of any changes/concerns.

Seabird Island Band

05/03/2019 Email Effie Ned (Seabird Island Band) Terra Admin Notice that Seabird Island Band has no input regarding the proposed project at this time.

Seabird Island Band

08/03/2019 Email Isobel Griffin (Terra) Effie Ned (Seabird Island Band) Acknowledgement of above email

Shxw’owhamel First Nation

31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work

Skawahlook First Nation


Soowahlie First Nation


Squamish Nation

31/01/2019 Email Chantale Picard (Terra) Dana Bayne (Squamish) Distribution of Permit 2018-0282 Notice of Work

Squamish Nation

04/02/2019 Email Chantale Picard (Terra) Dana Bayne (Squamish) Application for Squamish Nation Archaeological Investigation Permit

Squamish Nation

04/02/2019 Email Dana Bayne (Squamish) Ewan Anderson, via Terra Admin Issued Squamish Permit 19-0117

Squamish Nation


Chief Bill Williams ([email protected]) Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Squamish Nation


Chrystal Nahanee ([email protected])

Hemmera emails project notification letter to Chrystal (includes project overview, anticipated regulatory activities, and anticipated timeline).


Squamish Nation

26/02/2019 Courier Hemmera, on behalf of CP Chiefs and Councillors in c/o Chief Bill Williams Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Squamish Nation

07/03/2019 Phone Celine Lee (Hemmera) Chrystal Nahanee (SN) Celine speaks with Chrystal. Chrystal advises to follow up with Chief Williams directly next week.

Squamish Nation

12/03/2019 Phone Celine Lee (Hemmera) Reception Reception notifies Celine that Chief Williams is on bereavement leave and will be back next Monday.

Squamish Nation

12/03/2019 Phone Celine Lee (Hemmera) Denise Jensen (support staff, SN) Celine follows up with Denise regarding project notification letter. Denise asks that letter be forwarded to [email protected].

1. Celine to forward project notification letter to Denise.

(complete)

Squamish Nation

12/03/2019 Email Celine Lee (Hemmera) Denise Jensen (support staff, SN) Celine emails Denise the project notification letter, as requested.


Squamish Nation

20/03/2019 Email Celine Lee (Hemmera) Denise Jensen (support staff, SN) Celine emails Denise to follow up on the project notification letter and offer to set up a meeting.

Squamish Nation

20/03/2019 Email Denise Jensen (support staff, SN) Celine Lee (Hemmera) Denise replies to Celine's March 20th email, stating that she has given the project notification letter to Chief Bill Williams.

Squamish Nation

25/03/2019 Phone Celine Lee (Hemmera) Chief Bill Williams Celine leaves a message on Chief Bill Williams' voicemail regarding the project and potential meeting with CP (reception advises Celine that the Chief will be OOO all week).

Squamish Nation

28/03/2019 Phone Celine Lee (Hemmera) Chrystal Nahanee (SN) Celine phones Chrystal - no answer.


June 2019 Page | 7


Aboriginal Group

Date Method Sender/



Squamish Nation

01/04/2019 Phone Celine Lee (Hemmera) Chief Bill Williams (SN), Chrystal Nahanee (SN)

Celine tries to phone both Chief Williams and Chrystal Nahanee. Reception advises Celine that neither person is in the office (Chrystal will be returning on Wednesday, April 3, 2019).

Squamish Nation

01/04/2019 Email Celine Lee (Hemmera) Chief Bill Williams (SN), cc Denise Jensen (SN), cc Chrystal Nahanee

Celine sends email to Chief Williams asking if he has any initial questions/concerns with the project or wants to set up a meeting with CP Rail.


Squamish Nation

01/04/2019 Email Chief Bill Williams (SN) Celine Lee (Hemmera) Chief Williams provides the following response: Thank you for your letter at this time there is no issue with the CP Track Expansion at Viterra Cascadia area.

Stó:lō Nation 31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work

Stó:lō Nation 04/02/2019 Email Chantale Picard (Terra) Cara Brendzy (Stó:lō) Application for Stó:lō Heritage Investigation Permit

Stó:lō Nation 25/02/2019 Stó:lō

Connect

Crystal Lloyd (Hemmera), on behalf of Joe Van Humbeck (CP)

n/a Hemmera emails project notification letter to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Stó:lō Nation 26/02/2019 Courier Hemmera, on behalf of CP People of the River Referrals Office Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).


Stó:lō Nation 28/02/2019 Email Deanna Rach (Stolo, [email protected])

Joe Van Humbeck (CP) Deanna requests project shapefiles to support Nation's referral review.


Stó:lō Nation 01/03/2019 Email Crystal Lloyd (Hemmera) Deanna Rach (Stolo) Crystal sends preliminary project shapefiles to Deanna. Project shapefiles v1

Stó:lō Nation 04/03/2019 Email Crystal Lloyd (Hemmera) Deanna Rach (Stolo) Crystal sends final project shapefiles to Deanna. Project shapefiles v2

Stó:lō Nation 04/03/2019 Email

via Stolo Connect

Stolo Connect (contact = Mike Goold, [email protected])

Crystal Lloyd

Stolo Connect sends notification that the People of the River Referrals Office has deferred reviewing the project. Stolo anticipates review by Musqueam, Squamish and Tsleil-Waututh.

Stó:lō Nation 24/03/2019 Email Cara Brendzy (Stó:lō) Ewan Anderson (Terra) Request maps and shapefiles

Stó:lō Nation 25/03/2019 Email Ewan Anderson (Terra) Cara Brendzy (Stó:lō) Provide maps and shapefiles and note that crew is planning to go out with TWN, Musqueam and KFN in afternoon

Stó:lō Tribal Council

31/01/2019 Fax Chantale Picard (Terra) Administration Distribution of Permit 2018-0282 Notice of Work

Stz'uminus First Nation


Chief ([email protected]), Ronda Jordan ([email protected])




26/02/2019 Courier Hemmera, on behalf of CP Chief John Elliot and Councillors Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



14/03/2019 Phone Celine Lee (Hemmera) Ronda Jordan (SFN) Celine leaves a message on Ronda's voicemail to confirm receipt of project notification letter and potentially set up meeting.


09/04/2019 Phone Celine Lee (Hemmera) Ronda Jordan (SFN) Celine leaves a voicemail for Ronda to check in on Stz'uminus' review of the referral.


16/04/2019 Email Celine Lee (Hemmera) Ronda Jordan (SFN) Celine sends follow-up email to confirm receipt of the project notification letter.



30/01/2019 Email Meghan McGill (Terra) Evan Hardy, Ginevera Toniello (TWN) Additional information about geotech locations and invite to inspect samples


30/01/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Inspecting geotech samples okay; would like to send participant


June 2019 Page | 8


Aboriginal Group

Date Method Sender/




31/01/2019 Email Chantale Picard (Terra) Evan Hardy, Amanda King, and Michelle George (TWN)

Distribution of Permit 2018-0282 Notice of Work


04/02/2019 Email Chantale Picard (Terra) Evan Hardy and Michelle George (TWN) Application for Tsleil-Waututh Nation Cultural Heritage Investigation Permit



Amanda King ([email protected]), Michelle George ([email protected]), Ernie George ([email protected])




26/02/2019 Courier Hemmera, on behalf of CP Amanda King (Consultation and Accommodation Manager, TWN)

Hemmera sends project notification letter via courier to Nation (includes project overview, anticipated regulatory activities, and anticipated timeline).



26/02/2019 Email Tsleil-Waututh Nation Terra Archaeology Issued Tsleil-Waututh Permit 2019-029


28/02/2019 Email Amanda King (TWN) Crystal Lloyd (Hemmera) Amanda emails Crystal that TWN would like to set up a meeting with the Hemmera team.


01/03/2019 Email Chris Dane (CP) Amanda King (TWN) Chris responds to Amanda and requests potential meeting dates from Chantal Kitamura.


01/03/2019 Email Chantal Kitamura (TWN) Chris Dane (CP) Chantal responds to Chris with potential meeting dates.


01/03/2019 Email Chris Dane (CP) Chantal Kitamura (TWN), Crystal Lloyd (Hemmera) Chris confirms meeting date/time with TWN (March 12, 2019 at 1:30 pm).


01/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) Invitation to participate in assessment scheduled for Mar 12 or 13


05/03/2019 Email Evan Hardy (TWN) Ewan Anderson (Terra) Participant avail either Mar 12 or 13


06/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) confirm date (Mar 13) and plan


11/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN); Lindsay Ogston (TWN) Rescheduled fieldwork; discuss options for Mar 24 (weekend) or Mar 25 (request info about boat service); arrange boat for Mar 25


12/03/2019 Meeting

Chris Dane (CP), Richard Dryan (CP), Crystal Lloyd (Hemmera), Chantal Kitamura (TWN), Michelle George (TWN), Lindsey Ogston (TWN), Maya Guttmann (TWN), Evan Hardy (TWN)

n/a CP and Hemmera meet with TWN to provide an overview of the project and address any initial questions/concerns.

1. Provide TWN with: - Biophysical data - AEA (complete)

- DFO RFPR application: most info in AEA sent

- Map overlay of kelp data for the project footprint (complete)

- Determination letter from DFO once received

- Workplan to address capacity funding (CP)

2. Ewan (Terra Archaeology) to follow up with TWN regarding

geotechnical monitoring (complete)


13/03/2019 Email Crystal Lloyd (Hemmera) Chantal Kitamura (TWN) Crystal sends email to Chantal following up on the meeting. Crystal provides the Project PowerPoint presentation and confirms information that needs to be sent.

FTP link to PowerPoint presentation

1. Crystal to send the Aquatics Effects Assessment once finalized.

2. Crystal to send a map of the existing kelp data overlay onto the

project footprint. (complete) 3. Crystal to provide Biophysical

Assessment data (if needed once TWN has reviewed the AEA).

(complete)


June 2019 Page | 9


Aboriginal Group

Date Method Sender/




14/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) Describe Mar 25 schedule and plan


20/03/2019 Email Meghan McGill (Terra) Evan Hardy (TWN) Follow-up to invite to participate in assessment on Mar 25


21/03/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Confirms Darrell Gus will participate in assessment on Mar 25


22/03/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN) Crystal sends Lindsey the finalized aquatic effects assessment report.

Cascadia Aquatic Effects Assessment report


28/03/2019 Email Meghan McGill (Terra) Ginevra Toniello (TWN) Invite to participate in sample inspection Apr 1


29/03/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Confirms Wil George will participate in sample inspection on Apr 1


29/03/2019 Phone

Call Meghan McGill (Terra) Wil George (TWN) Arrange schedule for sample inspection on Apr 1


01/04/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN) Crystal asks Lindsey whether she has had a chance to review the AEA.


26/04/2019 Email Amanda King (TWN) Crystal Lloyd (Hemmera), Chris Dane (CP) Amanda provides project response letter and links regarding shoreline design best practices, in advance of the meeting.

19-044_TWN Response Re Viterra Cascadia Track

Expansion 26April2019, CGS-

Coastal_Info_Links_2019-03-25


26/04/2019 Meeting

Chris Dane (CP), Crystal Lloyd (Hemmera), Jim Roberts (Hemmera), Darrell Desjardin (Hemmera), Amanda King (TWN), Chantal Kitamura (TWN), Lindsey Ogston (TWN)

n/a

Hemmera provides overview of offsetting options and obtains feedback from TWN representatives. Hemmera sends the PowerPoint presentation to TWN after the consultation session.

1. TWN requests that the VFPA and DFO draft applications be

submitted during the week of May 6 to enable a 30-day review period.

(complete)


14/05/2019 Email Crystal Lloyd (Hemmera) Amanda King (TWN), Chris Dane (CP) cc: Celine Lee (Hemmera), Michelle George (TWN), Lindsey Ogston (TWN), Chantal Kitamura (TWN)

Crystal sends responses to TWN's comments on the AEA and notifies TWN that a link has been provided to the CEMP, Habitat Assessment, and Offsetting Plan.

19-044_TWN Response Re Viterra Cascadia Track

Expansion 26April2019 (for reference)


15/05/2019 Email Crystal Lloyd (Hemmera) Amanda King (TWN) cc: Celine Lee (Hemmera), Michelle George (TWN), Lindsey Ogston (TWN), Chantal Kitamura (TWN)

Crystal notifies TWN that a revised draft of the CEMP will be provided shortly.


16/05/2019 Email Crystal Lloyd (Hemmera) Amanda King (TWN), Michelle George (TWN), Lindsey Ogston (TWN), Chantal Kitamura (TWN) cc: Celine Lee (Hemmera), Chris Dane (CP)

Crystal provides the updated CEMP, including Terra Archaeology's Chance Find Procedure.

190509_CP_Cascadia_CEMP_final Draft


16/05/2019 Email Crystal Lloyd (Hemmera) Amanda King (TWN), Michelle George (TWN), Lindsey Ogston (TWN), Chantal Kitamura (TWN), Celine Lee (Hemmera), Chris Dane (CP)

Crystal provides a link to the updated CEMP with Terra Archaeology's Chance Find Procedure.

5.1 - CONSULTATION FIRST NATIONS · 1.2.1 VFPA Category C Review – Aboriginal Consultation...

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Transcript of 5.1 - CONSULTATION FIRST NATIONS · 1.2.1 VFPA Category C Review – Aboriginal Consultation...