Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

Evidence on the Adequacy of First Nations Consultation - BC Hydro ... Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

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2 – Consultation Activities Since 11 March 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be filing on April 20, 2010. BC Hydro has not seen a copy of the SALD’s funding request to the BCUC. On April 21, 2010, BC Hydro responded to the April 14, 2010 SALD email. In its e‐mail, BC Hydro set out the consultation efforts that BC Hydro has undertaken with the SALD and its member Bands on the Project since December 15, 2008. BC Hydro offered to meet with SALD to discuss their concerns at the SALD’s convenience. On this same date, April 21, 2010, BC Hydro sent a letter to the SALD and its member bands and enclosed a copy of BCTC’s Toby Creek Diversion Supplement that was filed with the BCUC on April 20, 2010. On April 22, 2010, BC Hydro left a phone message with the Technical Coordinator of the SALD indicating that BC Hydro would like to discuss dates for a potential meeting and asked the SALD to return the call. On April 26th, the SALD emailed BC Hydro to ask if they could attend a meeting with the SALD on April 29th. On April 27th, BC Hydro confirmed that they would be able to attend, but the SALD asked for the meeting to be rescheduled for the following week. Communications between the parties continue, but as of May 6, 2010, no date has been set for this meeting. On May 6, 2010, the SIB provided to BC Hydro a copy of a letter signed by the Chief of Splatsin (a member of SALD) confirming support of the SIB and the SIB’s relationship to the Project. Copies of the various letters and other materials sent to and received from the SALD are included in Appendix A. 2.5 Specific Environmental Consultation and Accommodation In addition to other consultation and accommodation measures identified in the Application, the responses to information requests, and in this document, BCTC and BC Hydro have: BCTC Columbia Valley Transmission Project – ong>Evidenceong> on Adequacy of First Nations Consultation 8 7 May 2010

2 – Consultation Activities Since 11 March 2010 1 2 (a) agreed to propose to move the transmission line (the Toby Creek Diversion, to avoid goat habitat); 3 (b) committed to avoiding riparian areas to the extent reasonably possible; and 4 5 (c) agreed to provide the KNC and the SIB with the construction Environmental Management Plan (EMP) for their review and comment. 6 7 8 9 10 11 12 13 14 15 16 17 2.6 Archaeological Consultation and Accommodation The KNC and the SIB provided input into the Terms of Reference for the Archaeological Impact Assessment (AIA) work, a copy of which is attached in Appendix A. BC Hydro is in discussion with Eagle Vision (a Ktunaxa owned company) for a direct award for the AIA work. Both the KNC and the SIB will be offered the opportunity to be involved in ‘walking the line’ with BC Hydro and BCTC and reviewing reports and other information. The AIA will be an input into the construction EMP. 2.7 Access Management Consultation and Accommodation BC Hydro has indicated to the KNC that BCTC and/or BC Hydro do not have the authority to grant or deny access on a statutory right‐of‐way. Nonetheless, BCTC and BC Hydro have committed to: 18 19 20 (a) Planning and design of access (for construction) that will limit the amount of permanent access to the right‐of‐way for maintenance, and will take advantage of existing features of the land to reduce unwanted access to the right‐of‐way; 21 22 (b) Working cooperatively under the direction of the appropriate ministries with regard to access management; BCTC Columbia Valley Transmission Project – ong>Evidenceong> on Adequacy of First Nations Consultation 9 7 May 2010

2 – C<strong>on</strong>sultati<strong>on</strong> Activities Since 11 March 2010<br />

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would be filing <strong>on</strong> April 20, 2010. <strong>BC</strong> <strong>Hydro</strong> has not seen a copy <strong>of</strong> <strong>the</strong> SALD’s funding<br />

request to <strong>the</strong> <strong>BC</strong>UC.<br />

On April 21, 2010, <strong>BC</strong> <strong>Hydro</strong> resp<strong>on</strong>ded to <strong>the</strong> April 14, 2010 SALD email. In its e‐mail, <strong>BC</strong><br />

<strong>Hydro</strong> set out <strong>the</strong> c<strong>on</strong>sultati<strong>on</strong> efforts that <strong>BC</strong> <strong>Hydro</strong> has undertaken with <strong>the</strong> SALD and<br />

its member Bands <strong>on</strong> <strong>the</strong> Project since December 15, 2008. <strong>BC</strong> <strong>Hydro</strong> <strong>of</strong>fered to meet<br />

with SALD to discuss <strong>the</strong>ir c<strong>on</strong>cerns at <strong>the</strong> SALD’s c<strong>on</strong>venience.<br />

On this same date, April 21, 2010, <strong>BC</strong> <strong>Hydro</strong> sent a letter to <strong>the</strong> SALD and its member<br />

bands and enclosed a copy <strong>of</strong> <strong>BC</strong>TC’s Toby Creek Diversi<strong>on</strong> Supplement that was filed<br />

with <strong>the</strong> <strong>BC</strong>UC <strong>on</strong> April 20, 2010.<br />

On April 22, 2010, <strong>BC</strong> <strong>Hydro</strong> left a ph<strong>on</strong>e message with <strong>the</strong> Technical Coordinator <strong>of</strong> <strong>the</strong><br />

SALD indicating that <strong>BC</strong> <strong>Hydro</strong> would like to discuss dates for a potential meeting and<br />

asked <strong>the</strong> SALD to return <strong>the</strong> call. On April 26th, <strong>the</strong> SALD emailed <strong>BC</strong> <strong>Hydro</strong> to ask if<br />

<strong>the</strong>y could attend a meeting with <strong>the</strong> SALD <strong>on</strong> April 29th. On April 27th, <strong>BC</strong> <strong>Hydro</strong><br />

c<strong>on</strong>firmed that <strong>the</strong>y would be able to attend, but <strong>the</strong> SALD asked for <strong>the</strong> meeting to be<br />

rescheduled for <strong>the</strong> following week. Communicati<strong>on</strong>s between <strong>the</strong> parties c<strong>on</strong>tinue, but<br />

as <strong>of</strong> May 6, 2010, no date has been set for this meeting.<br />

On May 6, 2010, <strong>the</strong> SIB provided to <strong>BC</strong> <strong>Hydro</strong> a copy <strong>of</strong> a letter signed by <strong>the</strong> Chief <strong>of</strong><br />

Splatsin (a member <strong>of</strong> SALD) c<strong>on</strong>firming support <strong>of</strong> <strong>the</strong> SIB and <strong>the</strong> SIB’s relati<strong>on</strong>ship to<br />

<strong>the</strong> Project.<br />

Copies <strong>of</strong> <strong>the</strong> various letters and o<strong>the</strong>r materials sent to and received from <strong>the</strong> SALD are<br />

included in Appendix A.<br />

2.5 Specific Envir<strong>on</strong>mental C<strong>on</strong>sultati<strong>on</strong> and Accommodati<strong>on</strong><br />

In additi<strong>on</strong> to o<strong>the</strong>r c<strong>on</strong>sultati<strong>on</strong> and accommodati<strong>on</strong> measures identified in <strong>the</strong><br />

Applicati<strong>on</strong>, <strong>the</strong> resp<strong>on</strong>ses to informati<strong>on</strong> requests, and in this document, <strong>BC</strong>TC and <strong>BC</strong><br />

<strong>Hydro</strong> have:<br />

<strong>BC</strong>TC Columbia Valley Transmissi<strong>on</strong> Project – <str<strong>on</strong>g>Evidence</str<strong>on</strong>g> <strong>on</strong> <strong>Adequacy</strong> <strong>of</strong> <strong>First</strong> Nati<strong>on</strong>s C<strong>on</strong>sultati<strong>on</strong> 8<br />

7 May 2010

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