Order No. 1998-R-194

April 21, 1998

File No. R 8195/116-103.2

The application was received by the Canadian Transportation Agency (hereinafter the Agency) on December 22, 1997.

Public notice of the application was given by CP.

CP also filed with the Agency an environmental assessment of its project of the proposed construction of a line of railway pursuant to the Canadian Environmental Assessment Act (hereinafter the CEAA) and the Law List Regulations.

Opposing interventions to the proposed construction were received by the Agency.

The Agency held a public hearing with respect to the application in Red Deer, Alberta between March 2 and 5, 1998.

The Agency has screened the project pursuant to subsection 18(1) of the CEAA.

On March 16, 1998, the Agency gave public notice and an opportunity to interested parties to examine and comment on the Staff Screening Report and the Agency's public registry for the project, pursuant to subsection 18(3) of the CEAA.

Pursuant to subsection 18(3) of the CEAA, interested parties submitted comments to the Agency on the Staff Screening Report and public registry.

The Agency has considered the information filed prior, during and after the public hearing related to the subject application.

The Agency hereby determines, pursuant to subsection 20(1) of the CEAA, after taking into account all of the information before it including its screening report, the comments of CP and interested parties on the Staff Screening Report and the public registry that the project is not likely to cause significant adverse environmental effects taking into account the mitigative measures acceptable to the Agency. In addition, the Agency determines that the public concerns filed do not warrant a reference to a mediator or a review panel.

The Agency, pursuant to subsection 98(2) of the CTA, hereby approves the construction of the line of railway, as shown on the Plan, Profile and Book of Reference.

This approval is subject to the following conditions issued pursuant to paragraph 20(1)(a) of the CEAA:

1. CP shall:
   
   1. implement the mitigative measures, practices and procedures for the protection of the environment, as set out in its environmental assessment and related filings;
   2. cause no variation in those mitigative measures, practices and procedures without the prior approval of the Agency; and
   3. file with the Agency any plans for the protection of burrowing owls, developed in consultation with Alberta Forestry, Lands and Wildlife or Environment Canada.
2. CP shall monitor the effects of the railway line on the environment in accordance with the follow-up program referenced below.
3. CP shall file the following documents, to the satisfaction of the Agency:
   
   1. prior to commencement of the construction of the railway line:
      • a follow-up program, developed in consultation with the Agency staff for:
        
        1. ensuring that CP's environmental undertakings are implemented;
        2. monitoring the adverse effects of constructing and operating the railway line on the environment;
        3. evaluating the success of CP's mitigative measures to protect the environment;
      • its detailed restoration plan including an erosion plan; and
      • its wildlife incident reporting program.
   2. during construction of the railway line, bi-monthly progress reports summarizing:
      • construction progress to-date;
      • implementation of CP's mitigation; and
      • an evaluation of the success of any approved variations to protect the environment.
   3. within two months of putting the railway line into service, an environmental as-built report, based on the result of CP's follow-up program, containing:
      • a detailed reevaluation of the predicted adverse environmental effects of constructing the railway line (as found in CP's environmental assessment, related filings and requests for variations);
      • an evaluation of the success of CP's mitigative measures, practices and procedures and any approved variations in protecting the environment; and
      • a description of any outstanding effects requiring further mitigation.
   4. on November 1, at the end of the first complete growing season after CP completes the restoration of its right of way, a monitoring report that contains:
      • a reevaluation of the predictions contained in the environmental assessment and related filings;
      • an evaluation of the success of the restoration of the right of way; and
      • the results of a noise survey, conducted at nearby residences, during the operation of the railway line, and an evaluation of actual noise attenuation to the inside of those homes based on the known construction of those homes.

CP shall file the following documents and any proposed mitigation, to the satisfaction of the Agency, prior to the commencement of construction:

1. an evaluation of the effect of alienating any agricultural land at curves (difficulty in farming with large equipment);
2. a plan whereby cattle, being moved along roadways, can safely cross the railway line;
3. a reevaluation of predicted daytime and nighttime indoor noise levels (Leq) at nearby homes, taking into account:
   • actual ambient noise levels;
   • road traffic and total rail traffic;
   • both construction and operating noise; and
   • the expected amount of noise attenuation from outside to inside those homes given their actual construction.
4. evidence that CP has resolved with Transport Canada:
   • the issue of night-time visibility (Township Road 40-2 and Range Road 26-1); and
   • the issue of possible fog and ice-fog at Lakeside Road.