Traditional Land Use and Traditional Environmental Knowledge Table of Contents

Devon NEC Corporation Pike 1 Project Volume 2 – Environmental Impact Assessment June 2012

SECTION 14.0 – TRADITIONAL LAND USE AND TRADITIONAL ENVIRONMENTAL KNOWLEDGE TABLE OF CONTENTS

PAGE

14.0 TRADITIONAL LAND USE AND TRADITIONAL ENVIRONMENTAL KNOWLEDGE ...... 14-1 14.1 Introduction ...... 14-1 14.2 Study Area ...... 14-1 14.2.1 Spatial Boundaries ...... 14-1 14.2.2 Regional Overview ...... 14-2 14.3 Assessment Approach ...... 14-2 14.3.1 Traditional Land Use and Traditional Environmental Knowledge Issues ...... 14-2 14.3.2 Selection of Valued Environmental Components ...... 14-5 14.4 Methods ...... 14-5 14.5 Baseline Case ...... 14-6 14.5.1 Existing Development ...... 14-6 14.5.2 Regional Historic Context ...... 14-7 14.5.3 Traditional Land Use and Traditional Environmental Knowledge .... 14-8 14.6 Application Case ...... 14-8 14.7 Traditional Land Use and Traditional Environmental Knowledge Study Summaries ...... 14-9 14.7.1 Saddle Lake Cree Nation Traditional Land Use and Traditional Environmental Knowledge Study Summary ...... 14-9 14.7.2 Whitefish Lake First Nation #128 (Goodfish Lake)Traditional Land Use and Traditional Environmental Knowledge Study Summary ...... 14-13 14.8 Monitoring ...... 14-14 14.9 Summary ...... 14-14 14.10 References ...... 14-15

Table of Contents – Page i Devon NEC Corporation Pike 1 Project Volume 2 – Environmental Impact Assessment June 2012

TABLE OF CONTENTS (cont)

PAGE

LIST OF TABLES

Table 14.2-1: First Nation and Métis Communities in the Project ISA ...... 14-4

LIST OF FIGURES

Figure 14.2-1: TLU/TEK Study Areas ...... 14-3 Figure 14.7-1: Saddle Lake Cree Nation Traditional Territory and RSA ...... 14-10

Table of Contents – Page ii Devon NEC Corporation Pike 1 Project Volume 2 – Environmental Impact Assessment June 2012

14.0 TRADITIONAL LAND USE AND TRADITIONAL ENVIRONMENTAL KNOWLEDGE 14.1 Introduction This section presents the baseline conditions and an evaluation of potential impacts of the proposed Pike 1 Project (the Project) on resources used for traditional purposes, as well as traditional environmental knowledge (TEK) related to the Project. The Project is located within the Lac La Biche County in northeastern Alberta, approximately 25 km southeast of Conklin, Alberta. The Project is generally located southeast of the Devon Jackfish projects.

Traditional knowledge studies have two components: traditional land use (TLU) and TEK. TLU focuses on sites and areas of cultural significance and historical and/or current use of the land (i.e., settlement locations and gathering sites, resource harvesting sites and locales, trails and spiritual areas) that could overlap with the Project footprint. TEK focuses on Aboriginal communities’ understanding of the natural environment, which might be used to enhance analyses of a project’s environmental effects and project planning. TEK includes a variety of plants and animals harvested for dietary or medicinal uses; traditional use activities include trapping, hunting, fishing as well as spiritual practices such as ceremonies. Oral traditions connect family histories and stories to the geographical locations that support these resources and activities, as well as cabins, trails, campsites, burials, settlements and culturally used landscape features.

During early planning for the Project (Q3 2010) Devon made a commitment to better understand TLU/TEK information and to plan the Project in a manner that minimizes potential impacts to TLU/TEK resources. The strategy to address this commitment required identifying early in Project planning the communities to be involved in TLU/TEK studies, engaging those communities and comprehensively and flexibly addressing the preferences of individual communities.

The result of this strategy was the identification of seven First Nations and one Métis community for involvement in TLU/TEK studies. A consultant was retained in Q4 2010 to assist in the development, planning and execution of TLU/TEK studies and to initiate contact with the identified communities to obtain community support for studies and understand community preferences. Devon initiated contact with each community in January 2011.

The evaluation of TLU and TEK for this assessment includes an update to the status of the TLU/TEK studies for these First Nations and Métis communities.

14.2 Study Area 14.2.1 Spatial Boundaries Spatial boundaries for the TLU/TEK studies were developed to include areas where potential Project effects could occur and incorporated input from Aboriginal community representatives. Three study areas are considered for the TLU and TEK studies with each Aboriginal community.

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The first is the Pike lands, which is defined as the local study area (LSA); the LSA is approximately 48 222 ha in size. The second is the intermediate study area (ISA) which encompasses the Devon Pike and Jackfish lands. The ISA is approximately 125 000 ha in size (Figure 14.2-1).

Areas within individual Aboriginal communities’ traditional territories beyond the ISA boundaries, deemed by community representatives and study participants to be of interest in relation to the Project, are included in the community specific regional study areas (RSAs). The boundaries of the RSAs are developed by each community and will vary by community. As the RSA boundary is unique to each community, RSA information is not included in Figure 14.2-1.

14.2.2 Regional Overview Devon has identified eight First Nations and Métis communities with defined traditional lands that overlap the ISA including: Beaver Lake Cree Nation (BLCN), Chipewyan Prairie Dené First Nation (CPDFN), Cold Lake First Nations (CLFN), Heart Lake First Nation (HLFN), Fort McMurray #468 First Nation (FM#468FN), Saddle Lake Cree Nation (SLCN), Whitefish Lake First Nation #128 (Goodfish Lake) (WFL 128) and Métis Nation of Alberta Conklin Local #193 (Table 14.2-1). The socio-economic assessment (Volume 2, Section 17.0) and Aboriginal consultation and public engagement summary (Volume 1, Section 5.0) also present issues, concerns and potential effects on these Aboriginal communities.

14.3 Assessment Approach Individual Aboriginal community TLU/TEK studies are being completed to address the Terms of Reference (TOR) for the Project. TLU/TEK studies have been initiated with four Aboriginal communities: HLFN, FM#468FN, SLCN and WFL 128. The TLU/TEK studies for each community have been designed to include the extent of lands with traditional use potential within the LSA, ISA and RSA.

In addition to TLU/TEK collected and reported by Aboriginal communities, local cabin, spiritual, graves and other traditional use sites considered as historic resources under the Historical Resources Act are presented in Volume 2, Section 15.0. These resources may also be considered as part of community specific TLU/TEK studies, if deemed appropriate by individual Aboriginal communities.

14.3.1 Traditional Land Use and Traditional Environmental Knowledge Issues The consideration of potential effects of the Project on traditional lands is of cultural, environmental and socio-economic relevance, because it pertains to the well-being of Aboriginal communities.

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CLEARWATER 175 (FM#468FN) Fort McMurray GREGOIRE LAKE 176B (FM#468FN) GREGOIRE LAKE 176A (FM#468FN)

GREGOIRE LAKE 176 (FM#468FN) COWPER LAKE 194A (CPDFN)

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a Conklin n Christina Lake Winefred Lake Grist Kirby Lake Lake

HEART LAKE 167A (HLFN)

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St. Paul K E T _ U

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1 Jackfish Leases Road 0

1 TLU/TEK Study Areas 9

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\ Provincial Boundary

A DEVON CANADA Figure A Kilometres

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Table 14.2-1: First Nation and Métis Communities in the Project ISA

Community Location

Beaver Lake Cree Nation Beaver Lake Indian Reserve (IR) 131, the primary reserve of BLCN is located on Beaver Lake and approximately 90 km south of the Project. The total BLCN registered population is 1,005, with 350 members living on their own reserves.

Chipewyan Prairie Dené First Nation Janvier IR 194, the primary reserve of CPDFN, is located approximately 100 km south of Fort McMurray and 44 km north of the Project. Cowper Lake 194A and Winefred Lake 194B are located approximately 40 km north and 10 km north of the Project, respectively. The total CPDFN registered population is 765, with 358 members living on their own reserves.

Cold Lake First Nations Cold Lake IR 149, the primary reserve of CLFN, is located approximately 12 km south of the town of Cold Lake and 110 km south of the Project. Cold Lake 149A is located approximately 100 km south, Cold Lake 149B is located approximately 85 km south and Cold Lake 149C is located approximately 70 km south of the Project. The total CLFN registered population is 2,563, with 1,259 members living on their own reserves.

Heart Lake First Nation Heart Lake IR 167, the primary reserve of HLFN, is located on the north shores of Heart Lake. Heart Lake IR 167 and 167A are approximately 40 km south of the Project. The total HLFN registered population is 313, with 183 members living on their own reserves.

Fort McMurray #468 First Nation Gregoire Lake #176, the primary reserve of FM#468FN, is located approximately 103 km north of the Project. Gregoire Lake 176A is located approximately 105 km north, Gregoire Lake 176B is located approximately 110 km north and Gregoire Lake 175 is located approximately 120 km north of the Project. The total FM#468FN registered population is 645, with 258 members living on their own reserves.

Saddle Lake Cree Nation Saddle Lake IR 125, the primary reserve of SLCN, is located approximately 13 km from St. Paul and 147 km south of the Project. The total SLCN registered population is 9,688, with 6,100 members living on their own reserves.

Whitefish Lake First Nation #128 Whitefish Lake #128, the primary reserve of WFL 128, is located on (Goodfish) the shores of Whitefish and Goodfish lakes and is approximately 118 km south of the Project. WFL 128 registered population is 2,339, with 1,109 members living on their own reserves.

Métis Nation of Alberta Conklin Conklin Local #193 is located within the Hamlet of Conklin, Local #193 approximately 25 km northwest of the Project.

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14.3.2 Selection of Valued Environmental Components The valued environmental components (VECs) are TLU and TEK. Within those two components a number of categories may be discussed by Aboriginal communities, including: • culturally important vegetation habitat; • culturally important vegetation harvesting areas; • culturally important wildlife habitat; • culturally important wildlife harvesting areas; • traplines/ancestral traplines; • culturally important fish habitat; • culturally important fish harvesting areas; • environmental effects to traditional land use (water, air, soil, etc.); • traditional use sites; • cabins/camps/settlement sites and/or areas; • trail/travel routes (land and water based); • sacred/spiritual/ceremonial sites; • burial sites; • land access (for traditional activities); and • traditional culture and community well-being.

14.4 Methods The TLU/TEK studies initiated for the Project were designed in collaboration with community representatives, Devon representatives and study facilitators. TLU/TEK studies for the Project may be completed either independently by the community, in full collaboration between the community and study facilitators or may combine independent community work and work completed by the community in collaboration with study facilitators. The nature of individual Aboriginal community TLU/TEK studies is determined by the community but is also designed to address the requirements of the TOR for the Project.

Spatial parameters were established as discussed in Section 14.2.1. Temporal parameters considered included current use of traditional lands, use in the past, as well as future use. Future use pertains to the opportunities for community descendants to practice traditional ways (in modern form) and maintain cultural and spiritual values. Depending on the specific needs and expectations of individual Aboriginal communities, TLU/TEK study phases can include a literature review, initial study scoping, interviews, flyover, field visits, and analysis and reporting.

A literature review typically includes secondary sources, internet resources and previous environmental impact assessment (EIA) studies conducted in close proximity to the Project. During the initial study scoping process, specifics of the TLU/TEK study are discussed and a work plan is developed; interviews can be conducted with community Elders and knowledge

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holders, and typically include recording discussions of TLU/TEK information and marking locational information on maps of the study area. If requested by the community, a flyover of the ISA could be conducted in addition to targeted field visits to the LSA. Field visit target areas are determined by each community.

Results of individual Aboriginal community TLU/TEK studies are analyzed and reported in a manner that is acceptable to the community conducting the study. Generally, reporting includes maps of areas and locations of cultural importance, descriptions of areas and locations of cultural importance and mitigation recommendations. Individual Aboriginal community reports may be kept confidential within the community, may be released to the proponent and/or Alberta Environment and Water in confidence or may be released publically. The manner and timing of the release of TLU/TEK reports is determined by each Aboriginal community.

The information gathered during TLU/TEK studies is the intellectual property of each Aboriginal community and individual study participants. Any recorded information, including notes, summaries, reports, global positioning system (GPS) locations, and photographs, whether on tape, transcribed or in electronic form, is considered the property of the Aboriginal community and, if held by study facilitators, is returned to the community upon completion of the regulatory application process for the Project. Information released publicly by Aboriginal communities is intended for one-time use for regulatory filing of the Project as well as for use by Devon for Project planning, with the understanding that extensive changes to Project design would necessitate further consultation with the communities. The purpose and goals of the study as well as the nature of the Project are explained by study facilitators during the first meeting with community representatives, to obtain prior informed consent of study participants. These discussions include options for, and implications of, sharing confidential information (e.g., presenting information to the appropriate level of detail to protect the information), and implications of not sharing the information at all. Because TLU/TEK information is the intellectual property of each Aboriginal community, information collected and reported on for the Project cannot be used in public reporting without the permission of the community.

14.5 Baseline Case 14.5.1 Existing Development Lands in the LSA have been affected by previous energy and forestry related developments as well as recreational land use. The ISA includes portions of the Cenovus Christina Lake Thermal project, all of the Devon Jackfish project and existing conventional gas extraction activities, as well as roads, forest harvest areas, and fishing and recreation areas at Kirby, Grist and Winefred lakes.

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14.5.2 Regional Historic Context A general historical context for the region is provided below, and additional details are provided in the historical resources section (Volume 2, Section 15.0).

The fur trade was the primary impetus for European expansion into the Canadian interior during the mid 18th and 19th centuries AD. In 1798 and 1799, respectively, the North West Company and the Hudson’s Bay Company (HBC) established the current site of Lac La Biche. The Lac La Biche post appears to have operated at least intermittently until approximately 1804 (McCullough and Maccagno 1981). An important result of the construction of the North West Company and HBC posts in the region was the establishment of relatively settled Métis communities. When the HBC re-opened a trading post on Lac La Biche in 1852 to 1853, a Catholic mission of the Oblates of Mary immaculate order (later named Notre-Dame-Des- Victories) was opened the same year to serve local Aboriginal people (McCullough and Maccagno 1981).

The Riel Rebellion (1885) and the signing of Treaties 6 and 8 (1876 and 1899, respectively) shaped the future of the region for generations to come. The Riel Rebellion of 1885 was preceded by decades of noticeable declines in fur-bearing and big game animals throughout all regions of western Canada and by disputes related to land settlement and economic trade. The latter issues grew out of the coordinated immigration of European settlers into traditionally held First Nation lands and the growing Métis and Aboriginal grievances accruing from the sale of HBC lands to the Government of Canada in 1869 to 1870 (Ray 1996; Johnson and Portage College 1999).

From the government’s perspective, Treaty 6 officially ‘extinguished’ First Nation and Métis claims in south-central Saskatchewan and Alberta after 1876, although adhesions or official signing of bands continued well into the 1900s (Johnson and Portage College 1999). Treaty 8 negotiations were initiated in the spring of 1899. Treaty 8 eventually encompassed approximately 500 000 km2 of territory, including the entire Athabasca District. The terms of the Treaty were drawn from those negotiated in Treaty 6. Representatives of various groups pledged their agreement to the treaty, including the Beaver cultures at Fort Dunvegan, local Cree and Déne cultures at Fort Chipewyan, Willow Point (Lesser Slave Lake) and Smith’s Landing (on the Slave River), Dené and Cree Bands at Fort McMurray and the small community of Métis in Lac La Biche. Additional First Nation and Métis accessions to the treaty continued over the next half-century as the number of game and fur-bearing animals continued to decrease (Big Stone Cree Nation and the Métis People of Kituskeenow 1999).

The arrival of the Alberta and Great Waterways Railway to Lac La Biche in 1915 and later extensions to Fort McMurray opened up access to northeastern Alberta. The completion of the railway greatly increased the efficiency and speed of delivery of goods and materials in the region. The rail connections also spurred the growth of service industries including restaurants, hotels and stores at main stops along the line. At Lac La Biche, the completion of the railway led to the opening of schools, a post office, a large sawmill, two commercial fisheries and numerous other commercial services (Johnson and Portage College 1999). The subsequent development

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of forestry and other industrial ventures also greatly affected First Nation and Métis communities in the regions. Direct employment in industry became available to complement traditional hunting and trapping activities. Over the past few decades, economic development of northern areas has been driven by commercial oil, gas, forestry and other resource-based developments (Aubrey 1996).

14.5.3 Traditional Land Use and Traditional Environmental Knowledge Traditional knowledge studies broaden the information base considered in environmental assessments, provide understanding about the potential effects of a proposed development on Aboriginal communities’ past and/or current use of traditional lands and support Project engagement efforts.

The EIA for the Devon Jackfish projects contained relevant information from previous research and workshops and from other recent applications relevant to the Project (Devon 2010). Devon has engaged with the above noted communities for consultation purposes to build on the existing knowledge base. Of the eight communities identified above, TLU/TEK studies have been initiated with four communities. Devon has initiated consultation and engagement activities with the other four communities and is committed to completing studies with these communities once each has determined their need and approach for TLU/TEK studies.

The status of the four TLU/TEK studies that have been initiated are as follows: • HLFN has undertaken an independent study and report. The release of the report is pending approval from HLFN Chief and Council; • FM#468FN completed a collaborative study with study facilitators. The draft report must be reviewed by the community before finalization; scheduling of report review meetings between FM#468FN and study facilitators was in progress at time of writing; • SLCN completed a collaborative study with study facilitators. SLCN have approved a summary of their study’s findings and recommendations for reference in this assessment (Section 14.7.1). Devon continues to work with SLCN to address concerns identified by the study. Additional work includes obtaining mapped information from the study that will assist Devon in future Project planning; and • WFL 128 completed an independent study and report. WFL 128 have approved a summary of their study’s findings and recommendations for reference in this assessment (Section 14.7.2). Devon continues to work with WFL 128 to address concerns identified by the study. Additional work includes obtaining mapped information from the study that will assist Devon in future Project planning.

14.6 Application Case Potential Project effects to TLU and TEK are identified by Aboriginal communities and community members. In order to identify potential Project effects to TLU and TEK Devon has supported the initiation of TLU/TEK studies with HLFN, FM#468FN, SLCN and WFL 128. Devon has also committed to supporting TLU/TEK studies with BLCN, CPDFN, CLFN and Conklin Local #193 when these communities request participation in TLU/TEK studies.

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The TOR specifies that mapped data of traditional land use areas, cabin sites, spiritual sites, cultural sites, graves and other traditional use sites should be provided. As well, a discussion on the availability of resources, access to traditional lands, and Aboriginal views on land reclamation should be included. The TLU/TEK studies were designed to address the TOR as well as the needs and requirements of the Aboriginal communities. At time of writing, only SLCN and WFL 128 have released TLU/TEK summaries (Sections 14.7.1 and 14.7.2).

The release of results of the TLU/TEK studies is at the discretion of individual communities.

14.7 Traditional Land Use and Traditional Environmental Knowledge Study Summaries This section presents summaries, provided by SLCN and WFL 128, of their respective TLU/TEK studies’ findings and recommendations. Devon will continue to work with local Aboriginal communities during all phases of the Project to obtain any additional TLU/TEK and mapped information that can be incorporated into Project planning, including the design and implementation of applicable mitigations.

14.7.1 Saddle Lake Cree Nation Traditional Land Use and Traditional Environmental Knowledge Study Summary The SLCN TLU/TEK study was scoped with study facilitators, interviews were conducted independently by SLCN and transcription of the interviews was completed by study facilitators. Field visits were also conducted independently by SLCN. Study facilitators incorporated information gathered by SLCN during the community-specific TLU/TEK study into a community report titled Traditional Ecological Knowledge and Land Use Study, Saddle Lake Cree Nation, Devon NEC Corporation, Devon Pike Project. SLCN representatives reviewed and gave input into report structure and content during the writing phase; once complete the draft report was reviewed by community participants. Following the report review any suggested edits were incorporated into the report before report finalization. At the direction of SLCN, the SLCN report will be held confidentially within the community. SLCN noted that SLCN has a long history of using the lands within the Project area and study participants reported past and current use of the areas.

The SLCN TLU/TEK study focused on three areas of direct effects: the LSA, ISA, and RSA. The LSA and ISA are defined above; SLCN defined the RSA for the SLCN TLU/TEK study as comprising SLCN’s traditional territory (Figure 14.7-1). The following traditional use areas were identified within the LSA: • 5 hunting areas; • 19 plant harvesting areas; • 3 fishing areas; and • 6 ceremonial and spiritual areas (3 of the above-noted areas were specifically identified by study participants as frequently used current use locations).

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G Stantec 14.7-1 Devon NEC Corporation Pike 1 Project Volume 2 – Environmental Impact Assessment June 2012

The following additional traditional use areas were identified within the ISA: • 13 hunting areas; • 30 plant harvesting areas; • 5 fishing areas; and • 9 ceremonial and spiritual areas (3 of which were specifically identified by study participants as frequently used current use locations).

The following additional traditional use areas were identified in the SLCN RSA: • 2 fishing areas; and • 4 ceremonial and spiritual areas (2 of which were specifically identified by study participants as frequently used current use locations).

The traditional use areas recorded within the RSA were approximately 20 km outside of the ISA boundary. Traditional use areas recorded within the RSA were recorded during the Project specific TLU/TEK study process and SLCN has stated that these do not reflect the whole of SLCN traditional use within the RSA.

During the TLU/TEK study for the Project, SLCN identified the following Project related effects, concerns and recommendations: • the Project will restrict access to the LSA, ISA and portions of the RSA and increased activity in the Project area will make it impractical to use these locations for traditional activities; • traditional activities are a crucial part of SLCN’s culture. The Project will affect SLCN’s culture as the Project is located in an area where traditional activities are practiced. One Elder stated, “They say they do everything environmentally friendly, but if you go and actually try to hunt, fish and pick traditional plants, you’ll see the effect that it has in this area.” SLCN recommends that Devon provide compensation to SLCN for any lands removed from the Nation’s ability to carry out traditional land use activities; SLCN recommends that Devon allow SLCN to carry out pre-disturbance1 footprint specific studies as each phase of the Project progresses; SLCN recommends that Aboriginal people be given meaningful consultation and consideration throughout the EIA process;

1 SLCN defines pre-disturbance as being prior to all work including seismic surveys and exploratory drilling.

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• increased industrial activity and aboveground facilities associated with the Project will affect wildlife movement patterns: the Project must select construction methods that will not affect wildlife movement. SLCN recommends raising surface pipelines three meters above the ground to allow all wildlife to travel beneath them. SLCN also recommends burying pipelines where possible; SLCN recommends that if mineral licks are identified that they be protected with a 150 m buffer;

• air quality and vegetation will be adversely affected by the Project;

• the accelerating pace and amount of development within SLCN traditional territory is of great concern. One community member stated, “In that area, if you look at a map, there are many oil plants in that area. It is affecting air quality. That’s where it affects water, the plants and the animals. It is an unhealthy area from what I see”;

• the Project will increase the decline in water quality and quantity, which SLCN has been observing in the Project area since the 1990s. This in turn will result in a decrease in fish health and abundance. SLCN is particularly concerned about drilling near waterbodies and the contamination of water sources: SLCN recommends that Devon collaborate with SLCN to implement the mobile water treatment system developed by SLCN to clean all water affected by the Project; SLCN recommends that techniques be used throughout the life of the Project, which will not contaminate the water and the land and will protect the area for future generations;

• SLCN is concerned that proper reclamation procedures be followed and recommends that reclamation be carried out according to specifications provided by SLCN; the details of this recommendation are to be discussed directly with SLCN: SLCN recommends that Devon meet with SLCN to discuss the Project decommissioning plan;

• one Elder expressed the concerns shared by SLCN by saying, “Anything you do underground will disturb the whole ecosystem. Anytime you are drilling into the ground you affect the underground aquifers that drain into the lakes and rivers. Anytime they are drilling that will affect the water.”

• SLCN anticipates that the Project effects to water, vegetation, wildlife, traditional activities and community wellness will be adversely affected: SLCN recommends that all established regulations relative to safety and protection of the environment be followed; SLCN recommends that the community monitor all aspects of development throughout the life of the Project;

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• SLCN is concerned that the Project will not provide economic benefits for SLCN members: SLCN recommends that should the Project receive approval, Devon contact SLCN to discuss the timeline for the Project and how Devon will be involving SLCN in the remainder of the Project;

• SLCN has observed that Highway 36 is used daily to transport large industrial equipment. SLCN anticipates that the Project will increase the amount of traffic coming through SLCN on Highway 36; and

• SLCN identified muskeg and the peat it contains as a medicine and a nonrenewable resource. SLCN anticipates that the Project will damage muskeg and peat in the LSA and recommends that Devon provide additional information regarding mitigating Project effects on muskeg and peat.

14.7.2 Whitefish Lake First Nation #128 (Goodfish Lake)Traditional Land Use and Traditional Environmental Knowledge Study Summary WFL 128’s TLU/TEK study for the Project was scoped with study facilitators, interviews and fieldwork were completed independently. Following the interviews and fieldwork, the Report to Chief and Council, Treaty Impact Assessment, Devon Jackfish Pike Project was produced by WFL 128 with assistance from study facilitators where requested. WFL 128 released the report confidentially to Devon for use in the regulatory and Project planning processes. WFL 128’s TLU/TEK study and report focused on the Jackfish and Pike lease areas within the LSA and ISA. Gathering, fishing and hunting areas were identified in the Pike lease and Jackfish leases. The location of a cabin identified in the ISA has been disclosed to Devon. WFL 128 noted that the areas recorded in the above noted report do not reflect all of WFL 128’s past and current traditional use areas.

During the community specific TLU/TEK study for the Project, WFL 128 identified the following Project related effects, concerns and recommendations:

• WFL 128 observed riparian zones in the Project area, which had been cleared for seismic activity: WFL 128 recommends that riparian zones be protected and additional supervision and direction be given to crews to prevent damage to these sensitive locations;

• WFL 128 recommends that water quality testing be performed in the southeast quadrant of the Pike lease as an unidentified orange growth or secretion was observed on the water in that area. The locations of the secretions were identified in the report submitted to Devon. WFL 128 requested that they be informed of the results of such tests;

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• WFL 128 observed discarded industrial products and packaging material in the LSA including; construction compounds, metal culverts and oil. WFL 128 is concerned that the Project will result in waste and contamination of the area: WFL 128 recommends that the sites identified to Devon, in the above noted report, be cleaned and all crews adhere to stricter safety precautions and are given additional supervision to ensure regulations are adhered to;

• WFL 128 identified several important medicinal and edible plants: WFL 128 recommends Devon discuss with WFL 128 how the medicinal and edible plant sites, identified to Devon, will be protected;

• WFL 128 is concerned that the Project will focus on human consumption of energy resources and wildlife will be adversely affected. One participant stated, “the world isn’t here just for the people. It is also here to be shared by all the beings on it and we must make sure nothing is shoved aside. We have a responsibility here.”

• WFL 128 expressed several concerns about the Project’s effects on caribou including seismic clearing of lowland habitat areas, development of elevated land preferred by caribou for calving, further linear disturbances that alter predator prey relationships and overall loss of habitat: WFL 128 recommends that Devon monitor caribou populations throughout the life of the Project; WFL 128 recommends that information gained from caribou monitoring be incorporated in the planning process for Project expansion and future developments;

• WFL 128 identified High Ground Use and High Constraints areas to Devon: WFL 128 recommends that the Project avoid developing or intersecting High Ground Use and High Constraints areas.

14.8 Monitoring The involvement of local Aboriginal community members in field monitoring programs is also key to ensuring the ongoing consideration of TLU and TEK in Project plans and refinements. Devon’s environmental monitoring programs for the Project will include participation from local Aboriginal community members (historical resources activities, vegetation, pre-disturbance assessments and winter track counts for the wildlife).

14.9 Summary Devon has engaged eight Aboriginal communities for the Project in order to identify potential effects to TLU and TEK. Devon has supported TLU/TEK studies with HLFN, FM#468FN, SLCN and WFL 128. Devon has also committed to supporting TLU/TEK studies with BLCN, CPDFN, CLFN and Conklin Local #193 when these communities request participation in TLU/TEK studies.

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Any assessment of potential Project effects should be made by Aboriginal community members who use, or whose families use, the Project area. Devon will continue to participate in regional discussions among various industry developers, government agencies, regional stakeholders and Aboriginal communities to review ongoing projects and to consider options to mitigate both direct and cumulative impacts to TLU and TEK.

14.10 References Aubrey, M.L. (ed). 1996. Place Names of Alberta: Volume IV – Northern Alberta. Alberta Community Development, Edmonton.

Big Stone Cree Nation and Métis People of Kituskeenow. 1999. Kituskeenow Cultural Land-Use and Occupancy Study. Arctic Institute of North America, University of Calgary, Calgary.

Devon NEC Corporation (Devon). 2010. Application for Approval of the Devon Jackfish 3 Project. Submitted to the Energy Resources Conservation Board and Alberta Environment. Calgary.

Johnson, G.A. and Portage College. 1999. Lac La Biche Chronicles: The Early Years. A joint project by Portage College and the Town of Lac La Biche.

McCullough, E. and M. Maccagno. 1981. Lac La Biche and the Early Fur Traders. Co-published by Portage College and the Circumpolar Institute, Lac La Biche.

Ray, A.J. 1996. They Have Lived Here Since the World Began: An Illustrated History of Canada’s Native People. Toronto: Lester Publishing Limited and Key Porter Books.

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