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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Independent

WABASEEMOONG INDEPENDENT FIRST NATIONS

Wabaseemoong Independent First Nations (WIN) (Band No. 150) is an Ojibway () Nation and a signatory of Treaty 3 (GCT3 2016). Wabaseemoong Independent First Nations is affiliated with the Bimose Tribal Council and Grand Council of Treaty #3. Wabaseemoong Independent First Nations falls under the Indian Act election provisions, with a Chief and four Councillors elected to a two-year term (AANDC 2016). The Nation comprises three communities: One Man , Swan Lake, and Whitedog.

The Nation consists of four reserves: Wabaseemoong (8,480 ha), located 48 km northwest of ; One Man Lake 29 (1,117 ha), on the north shore of One Man Lake, 65 km from Kenora; Swan Lake 29 (2,237 ha), on the east shore of Swan Lake, 36 km from Kenora; and (379 ha), located 45 km south of Kenora, on the Aulneau Peninsula of (AANDC 2016). As of January 2016, Wabaseemoong Independent First Nations had a registered population of 1,936 members, with 959 members on reserve, 9 members on other reserves and 968 members living off reserve (AANDC 2016).

LOCATION RELATIVE TO THE PROJECT

Wabaseemoong Reserve is located 43.3 km from the Project development area (PDA). The traditional land and resource use (TLRU) information provided by Wabaseemoong Independent First Nations focused on the and River systems given that the pipeline route crosses the and the Wabigoon and Eagle rivers, which are tributaries of the English River system (WIN 2015).

TLRU INFORMATION SOURCE

An independent TLRU study was conducted by Wabaseemoong Independent First Nations that included data previously collected and results from seven TLRU mapping interview sessions. From this study, Wabaseemoong Independent First Nations provided an interim report for use in the regulatory process for the Project in December 2015. Interim Traditional Knowledge Report Submitted to Trans Pipelines (WIN 2015) was reviewed and information was incorporated into Table 10, columns “Traditional Land and Resource Use Information” and “Wabaseemoong Independent Nations Mitigation Recommendations”.

The final TLRU report will incorporate results from a community mapping workshop scheduled for 2016. Mapping interview results will be reviewed and verified, and a community information session will be held during which the study findings will be shared with community members (WIN 2015).

KEY TOPICS IDENTIFIED BY WABASEEMOONG INDEPENDENT FIRST NATIONS IN RELATION TO THE PROJECT

Data collected to date indicates that Wabaseemoong Independent First Nations community members use much of the traditional land for TLRU activities (WIN 2015).

Wabaseemoong Independent First Nations has identified one site within the TLRU local assessment area (LAA), and one site within the TLRU regional assessment area (RAA). As described in Volume 16, Part C1, Section 5.3.2, for the purposes of the TLRU assessment: (1) the PDA is defined as the area of physical disturbance associated with the construction or operation of the Project; (2) the LAA is defined as the area that extends 1 km beyond the PDA; and (3) the RAA is defined as the area that extends 15 km beyond the PDA. Energy East has developed standard mitigation measures, as listed in Table 10, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Wabaseemoong Independent First Nations to discuss these mitigation measures and determine if additional mitigation measures are required.

Wabaseemoong Independent First Nations indicated that community members mistrust government and industry initiatives due to historic flooding of the One Man Lake Reserve and the mercury contamination of the local river system.

WABASEEMOONG INDEPENDENT FIRST NATIONS TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION1 FOR NORTHERN SEGMENT: This segment includes 28 pump stations, permanent access roads, installation of watercourse crossing replacements at the Madawaska and Rideau rivers and mainline valves, realignments around existing TransCanada facilities, and conversion of approximately 1,922 km of existing natural gas pipeline to oil pipeline. The existing pipeline at this segment will remain undisturbed except where there are conversion activities and where new facilities are required. Environmental protection measures for construction are included in the Conversion Segments Environmental Protection Plan (EPP), Temporary Facilities EPP and Pump Station EPP (see Volume 21). This segment also includes seven preliminary camp locations. The existing RoW was not included in the PDA that was assessed as part of the ESA.

During operation, maintenance activities will be conducted within the PDA for all Project components. Environmental protection measures for maintenance including pipeline integrity management will follow TransCanada’s health, safety and environmental management framework

PROJECT CONTEXT: This segment is in ; Wabaseemoong Independent First Nations has not identified locations farther than 50 km from the PDA.

1 For the complete Project Description, see Volume 14, Section 2.

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Energy East Project Wabaseemoong Independent First Nations Volume 25, Binder 2: Mitigation Tables – Boreal Region

MITIGATION MEASURES: Energy East will implement the following mitigation measures specific to TLRU:

• Energy East commits to ongoing communication with Aboriginal groups regarding Project activities (e.g., access during construction, mitigation measures, reclamation planning, post-construction monitoring and access management). • All applicable stakeholders and Aboriginal groups affected by the Project will be notified of the intended Project schedule before the start of construction. • Known TLRU sites and areas deemed appropriate for inclusion by Aboriginal groups will be identified on the environmental alignment sheets or environmental figures (see the EPPs). If TLRU-sensitive features not previously identified are discovered during construction, the TLU Sites Discovery Contingency Plan (see the EPPs) will be followed. • Clearly mark all TLRU sites and areas identified in the resource-specific mitigation tables and the environmental alignment sheets or environmental figures within the immediate vicinity of the PDA before the start of clearing. Following clearing, marking will be undertaken to delineate the sensitive resources. • An environmental and site safety orientation will be developed and implemented by the Contractor for all Project staff and visitors on actions to take if TLRU sensitive features are found. • TLRU access will be maintained to current access roads within or adjacent to the PDA, or temporary pathways will be created to fishing, trapping, hunting, and plant harvesting areas; habitation sites, and cultural or spiritual sites; recreational areas and affected navigable waterbodies; and streams and rivers used for boating (see the EPPs). • An access management plan will be developed prior to construction to manage and control temporary and permanent access during the life of the Project. • A Post-Construction Monitoring Program (PCMP) will be implemented that confirms specific reclamation performance expectations and conditions are met and if further actions are needed. The PCMP also addresses the requirements of any follow-up program under the Canadian Environmental Assessment Agency.

The approach to identifying additional relevant mitigation measures from the EPP and ESA in Table 10 is based on the following assumptions:

• TLRU and valued component (VC)-specific mitigation measures are included only if the TLRU sites and areas occur within the TLRU LAA or a VC LAA. The LAA is the area in which Project interactions may occur. Outside the LAA, it is predicted there will be no Project effects on the TLRU site or area or on any of the identified VCs. • TLRU sites and areas identified in TLRU studies provided to Energy East for the Project (e.g., burial sites, sacred sites, archaeological sites, habitation sites, and trails and travelways) and during ongoing engagement as possibly resulting in interactions with the PDA will be reviewed to determine whether they meet criteria to be identified as heritage resource sites. If required, sites and areas will be evaluated through the appropriate provincial regulatory process for heritage resources. Sites and areas deemed to be heritage resources may potentially require mitigation (including avoidance) if they occur within the PDA.

TLRU ASSESSMENT:

The effects considered are as follows:

• temporary or permanent loss of hunting areas or opportunities • temporary or permanent loss of fishing areas or opportunities • temporary or permanent loss of trapping areas or opportunities • temporary or permanent loss of plant harvesting areas or opportunities • temporary or permanent loss of trails and travelways, or their use (including navigation) • temporary or permanent loss of habitation sites or their use • temporary or permanent loss of cultural or spiritual practices or sites

Other categories (e.g., accidents and malfunctions, cumulative effects) that may affect TLRU are also included, based on information provided by Wabaseemoong Independent Nations.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabaseemoong Independent First Nations

Table 10 TLRU Information and Mitigation – Wabaseemoong Independent First Nations

Traditional Land and Resource Location Relative to Project Relevant Consolidated ESA Wabaseemong Independent Nations Use Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations2 Consolidated ESA/EPP Mitigation Measures

WIN reported that the English River English River is intersected twice Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that and Winnipeg River systems are the by the existing RoW and is located Use (Volume 16 Part C1) hunting, fishing, trapping, plant harvesting, mitigate potential effects on traditional land and resource use that primary focus of the TLRU study within the TLRU LAA3. travel, habitation, and cultural or spiritual pertain to construction and maintenance activities in Northern because the Project intersects the Winnipeg River is intersected by practices and sites for traditional purposes Ontario (see “Project Description for Northern Ontario Segment”). Winnipeg River, the English River the existing RoW and is located are addressed through consideration of TLRU and its tributaries; within the TLRU RAA4. temporary or permanent loss of hunting and Eagle River. areas or opportunities, temporary or In addition to the TLRU mitigation measures listed above this table, Wabigoon River is intersected to mitigate potential effects from the Project on temporary or Historic and present-day TLRU permanent loss of fishing areas or three times by the existing RoW opportunities, temporary or permanent loss permanent loss of hunting areas or opportunities, temporary or activities occur on The Winnipeg and is located within the TLRU permanent loss of fishing areas or opportunities, temporary or River and English River systems. of trapping areas or opportunities, LAA. temporary or permanent loss of plant permanent loss of trapping areas or opportunities, temporary or Eagle River is intersected by the harvesting areas or opportunities, permanent loss of plant harvesting areas or opportunities, existing RoW and is located within temporary or permanent loss of trails and temporary or permanent loss of trails and travelways, or their use the TLRU LAA. travelways, or their use (including (including navigation), temporary or permanent loss of habitation navigation), temporary or permanent loss of sites or their use, and temporary or permanent loss of cultural or habitation sites or their use, and temporary spiritual practices or sites, the following mitigation measures could or permanent loss of cultural or spiritual be implemented by Energy East, subject to engagement (see the practices or sites. Temporary Facilities EPP, Pump Stations EPP and Conversion Segments EPP): • Provide opportunities for harvesting plants or other resources before construction, where feasible. If TLRU sites not previously identified are discovered during construction, follow the TLU Sites Discovery Contingency Plan (see EPP). • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency. • The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, rollback) and strung pipe at obvious drainages and wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across the right-of-way. Locations where gaps are appropriate will be determined in the field by the Environmental Inspector(s). Gaps should align. The Environmental Inspector(s) will identify and notify the Contractor of the appropriate locations for gaps. • Adhere to regulations, standards and guidelines for watercourse crossings as outlined in the EPP. • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP).

2 The recommendations for mitigation in this column have been provided to Energy East by Aboriginal groups through the results of a TLRU Study or an OTE hearing. Energy East will discuss the recommendations here, as well as any additional measures, with each Aboriginal group. 3 For this table, sites and areas identified as being within the TLRU LAA are assumed to be outside the PDA. 4 For this table, sites and areas identified as being within the TLRU RAA are assumed to be outside the TLRU LAA.

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Energy East Project Wabaseemoong Independent First Nations Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 10 TLRU Information and Mitigation – Wabaseemoong Independent First Nations

Traditional Land and Resource Location Relative to Project Relevant Consolidated ESA Wabaseemong Independent Nations Use Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations2 Consolidated ESA/EPP Mitigation Measures • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Create new, temporary portages to allow transport of watercraft around active construction areas. • Project personnel are not permitted to hunt and/or fish on the worksite.

Community Health and Wellbeing

WIN stated that an ethic of sharing Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that sustains WIN community and Use (Volume 16 Part C1) cultural or spiritual practices or sites for pertain to construction and maintenance activities in Northern culture: “It is common practice within traditional purposes are addressed through Ontario (see “Project Description for Northern Ontario Segment”). the community to share one’s consideration of temporary or permanent TLRU harvest with immediate and loss of cultural or spiritual practices or sites. extended family. Whether it is moose In addition to the TLRU mitigation measures listed above this table, or whitefish or wild rice, families rely to mitigate potential Project-related effects of temporary or on these members to hunt, fish, and permanent loss of cultural or spiritual practices or sites, the gather traditional natural resources following mitigation could be implemented by Energy East, subject for their food and for other uses.” to engagement (see the Temporary Facilities EPP, Pump Station (WIN 2015) EPP, and Conversion Segments EPP): • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. During the life of the Project, Energy East will strive to be respectful of Aboriginal culture. Opportunities to add value include: • involving communities in carrying out land use studies, and • providing company support for local Aboriginal community organizations and initiatives.

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Detail – Wabaseemoong Independent Nations. Retrieved March 2016 from: http://pse5-esd5.ainc- inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=150&lang=eng.

Grand Council of Treaty #3 (GCT3). 2016. The Official Website of the Grand Council of Treaty #3. Retrieved March 2016 from: http://www.gct3.ca/.

Wabaseemoong Independent Nations (WIN). 2015. Interim Traditional Knowledge Report Submitted to Trans Canada Pipelines. Prepared by Marvin McDonald, Shayne Carpenter and Sheldon Ratuski.

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