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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Pasqua First Nation #79

PASQUA FIRST NATION #79

Pasqua First Nation #79 (PFN) (Band No. 383) is affiliated with the File Hills Qu’Appelle Tribal Council Inc. (AANDC 2016). Pasqua First Nation #79 is a signatory of , which was signed by Chief Joseph Pasqua in September 1874 (Thompson 2007). The Nation falls under the Indian Act election provisions, with a Chief and eight Councillors elected for a two-year term (AANDC 2016).

Pasqua First Nation #79 consists of two reserves (Last Mountain Lake 80A and Pasqua #79) that encompass 9,468.50 ha, and shares Treaty Four Reserve Grounds #77 (37.9 ha) (AANDC 2016). Pasqua #79 is the largest and most populated reserve, located 16 km west of Fort Qu’Appelle, (AANDC 2016). As of March 2016, Pasqua First Nation #79 had a registered population of 2,158 members, with 623 members on reserve, 45 members on other reserves, and 1,490 members living off reserve (AANDC 2016).

LOCATION RELATIVE TO THE PROJECT

Pasqua #79 reserve is located 38.7 km from the Project development area (PDA). In the Application to Participate submitted to the National Energy Board (NEB), Pasqua First Nation #79 outlined the process of ratification of the Pasqua Flood Claim agreement (ratified September 11, 2013 with Saskatchewan and federal Crown), and subsequent formation of the Pasqua Lake Water Management Agreement (PLWMA). The PLWMA identified a new entity, of which the Nation is one party, to protect and sustain the environmental integrity of Pasqua Lake through monitoring the lower Qu’Appelle drainage basin (PFN 2015a). With interests in the lower Qu’Appelle watershed, the Nation has identified the right-of-way (RoW) as passing through the area north of Moose Jaw and Belle Plaine, Saskatchewan, which borders the southern edge of the Qu’Appelle Valley (PFN 2015a).

Pasqua First Nation #79 stated that prior to the signing of Treaty 4 in 1874, traditional lands were used from west of Regina, north to George Gordon First Nation, east to Hudson Bay, and south to Kenosee. Since the signing of Treaty 4, Pasqua First Nation #79 has continued to access traditional areas, particularly for hunting: “The hunting rights had, in the legislation and in the Indian Act, stated that the land was to be used in Kenosee and also in Cypress Hills. So it extended probably to that extent for usage of hunting and also in the Hudson Bay area. And those were lands set aside for Pasqua’s use of hunting” (PFN 2015b). Pasqua First Nation #79 noted that the Project crosses through Treaty 4 lands (PFN 2015b).

TLRU INFORMATION SOURCES

Three Pasqua First Nation #79 members presented oral traditional evidence (OTE) to the NEB regarding the Project. The hearing was held in Regina, Saskatchewan on November 10, 2015. The transcript from this hearing, which is available on the NEB Project directory (PFN 2015b), represents the traditional land and resource use (TLRU) information source for Pasqua First Nation #79 considered in this report. The transcript was reviewed and information was incorporated into Table 7, columns “Traditional Land and Resource Use Information” and “Pasqua First Nation #79 Mitigation Recommendations”.

Additionally, Pasqua First Nation #79 is participating in an independent TLRU study, but the results are not available for use at time of filing Volume 25.

KEY TOPICS IDENTIFIED BY PASQUA FIRST NATION IN RELATION TO THE PROJECT

The following key topics were identified from OTE hearing information provided by Pasqua First Nation #79 in relation to the Project (PFN 2015b):

• Potential effects from the Project on areas within Treaty 4 lands that are of medicinal, cultural, spiritual, and historical importance to Pasqua First Nation #79. • Potential effects from the Project on the waterways near the Qu’Appelle Valley. • Potential for environmental, social, and economic effects on Pasqua First Nation #79 Aboriginal interests and treaty rights. • Potential disturbance of archaeological and ceremonial sites throughout the Treaty 4 area.

Pasqua First Nation #79 did not identify TLRU sites within the PDA, TLRU local assessment area (LAA), or TLRU regional assessment area (RAA). As described in Volume 16, Parts A and B, 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, outlined in Table 7, that should effectively address potential effects from the Project on these sites. Energy East is committed to meeting with Pasqua First Nation #79 to discuss these mitigation measures and determine if additional mitigation measures are required.

Pasqua First Nation #79 stated that Treaty 4 assigned the land in Kenosee and Cypress Hills for Pasqua First Nation #79’s use of hunting, and for supplying Pasqua First Nation #79 with lumber for building (PFN 2015b). Pasqua First Nation #79 asserted that their treaty or inherent rights on the lands are not confined to berry picking, hunting, fishing, ceremonial, or burial sites but also include using traditional lands to supply lumber for building homes, and for spiritual practices, as well as activities that were being done on the land prior to the signing of Treaty 4 (PFN 2015b).

Pasqua First Nation #79 is of the position that further consultation and accommodation is required to address potential effects from the Project and mitigations (see Consolidated Application Volume 10, Appendices 10-28A and 28B [Pasqua First Nation #79]). Pasqua First Nation #79 has raised questions about the weight given to Pasqua First Nation #79 concerns and knowledge in the application and review process for the Project (see Consolidated Application Volume 10, Appendices 10-28A and 28B [Pasqua First Nation #79]).

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Energy East Project Pasqua First Nation #79 Volume 25, Binder 2: Mitigation Tables – Prairies Region

PASQUA FIRST NATION #79 TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION1 FOR THE ALBERTA SEGMENT: This segment includes approximately 284 km of new pipeline (3 km in Saskatchewan), five pump stations, a tank terminal at Hardisty, Alberta, a pressure control station near Burstall, Saskatchewan, installation of watercourse crossings and mainline valves, and permanent access roads. Environmental protection measures for construction are included in the New Pipeline Environmental Protection Plan (EPP), Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). This segment also includes three preliminary camp locations.

During operation, maintenance 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 DESCRIPTION FOR THE SASKATCHEWAN AND SEGMENT (SASKATCHEWAN ONLY2): This segment includes a portion of the Cromer lateral (2.4 km in Saskatchewan; 55.4 km in Manitoba), 21 pump stations (12 in Saskatchewan; 9 in Manitoba), a tank terminal at Moosomin, Saskatchewan, permanent access roads to aboveground facilities, installation of mainline valves, watercourse crossings on the Cromer lateral, and conversion of approximately 1,078 km of natural gas pipeline to oil pipeline (612 km in Saskatchewan; 466 km in Manitoba). In Manitoba, the Assiniboine River crossing will be replaced, and there is one re-alignment around existing TransCanada facilities at Iles des Chenes mainline valve 41-4. Environmental protection measures for construction are included in the New Pipeline EPP, Conversion Segments EPP, Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). There are three preliminary camp locations in Saskatchewan and none planned in Manitoba. The existing RoW was not included in the PDA that was assessed as part of the ESA.

During operation, maintenance 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 southern Alberta and Saskatchewan. Pasqua First Nation #79 has identified the following locations that are farther than 50 km from the PDA: George Gordon First Nation Reserve is located 91 km from the PDA; Cypress Hills, 106 km from the PDA; and the town of Hudson Bay, Saskatchewan, 283 km from the PDA.

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.

1 For the complete Project Description, see Volume 14, Section 2. 2 Pasqua First Nation #79 has provided information on the Alberta and Saskatchewan regions. It should be noted that the Saskatchewan region falls under the Saskatchewan and Manitoba segment of the Project.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Pasqua First Nation #79

The approach to identifying additional relevant mitigation measures from the EPP and ESA in Table 7 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 or 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 Pasqua First Nation.

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures

PFN explained that Chief Paskwa Treaty 4 lands are intersected by the Traditional Land and Resource In the TLRU assessment, Project effects Refer to the TLRU mitigation measures listed above this table to signed Treaty 4 in 1874; Treaty 4 Project. Use (Volume 16 Parts A on hunting, fishing, trapping, plant mitigate potential effects from the Project on TLRU. Refer to the covers portions in Alberta and PFN identified Regina, George Gordon and B) harvesting, travel, habitation, and cultural Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, Saskatchewan. Prior to 1874, PFN First Nation, Hudson Bay4 and Fish and Fish Habitat or spiritual practices and sites for traditional New Pipeline EPP, and Conversion Segments EPP for a list of general “had use of the lands probably west of Kenosee5 in describing the geographic (Volume 15 Parts A and B) purposes are addressed through mitigation measures that mitigate potential effects pertaining to Regina, north to the Gordon First range of PFN traditional lands. consideration of temporary or permanent construction and maintenance activities in Alberta and Saskatchewan Nation area, and then east to Hudson Vegetation and Wetlands loss of hunting areas or opportunities, (see “Project Description for Alberta Segment” and “Project Description Bay area, and then down to Kenosee, The TLRU areas within these locations (Volume 15 Parts A and B) temporary or permanent loss of fishing for Saskatchewan and Manitoba Segment”) on fish and fish habitat, and then along the south of Regina may be intersected by the PDA, Wildlife and Wildlife Habitat areas or opportunities, temporary or access to waterbodies used for fishing, traditional use plants, wildlife [Saskatchewan]. That was the including facilities and associated (Volume 15 Parts A and B) permanent loss of trapping areas or and wildlife habitat, lands used for hunting and trapping, and heritage traditional land that Chief Paskwa access roads. opportunities, temporary or permanent loss resources. Human Occupancy and traditionally lived in.” of plant harvesting areas or opportunities, Resource Use (Volume 16 temporary or permanent loss of trails or Parts A and B) travelways, or their use (including Heritage Resources navigation), temporary or permanent loss (Volume 16 Parts A and B) of habitation sites or their use and temporary or permanent loss of cultural or spiritual practices or sites.

3 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. 4 The Hudson Bay area is assumed to refer to the Town of Hudson Bay, Saskatchewan; distance to the PDA was calculated from the municipal boundary. 5 Kenosee is assumed to be the village of Kenosee Lake; distance to the PDA was calculated from the municipal boundary.

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Energy East Project Pasqua First Nation #79 Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures PFN also noted that traditional lands In the Consolidated ESA, Project effects on are not confined to berry picking, the biophysical and socio-economic hunting, fishing, ceremonial or burial environment were assessed under the sites, and that inherent rights are following valued components: fish and fish broader that just hunting, fishing habitat; vegetation and wetlands; wildlife trapping and gathering and such items and wildlife habitat; human occupancy and as governance, for example: “That's resource use, and heritage resources. everything outside around it that you With the application of recommended call inherent rights; rights that you mitigation measures during construction have prior to Treaty” (PFN 2015b and operation, residual Project effects on NEB). fish and fish habitat, lands used for fishing, PFN noted the importance of hunting, and trapping, and heritage understanding treaty rights in order to resources, and changes in vegetation and preserve PFN identity and culture. wetlands, and wildlife and wildlife habitat are predicted to be not significant over the life of the Project.

PFN members emphasized that they Traditional Land and Resource In the TLRU assessment, Project effects Refer to the TLRU mitigation measures listed above this table to play an important role in protecting the Use (Volume 16 Parts A on hunting, fishing, trapping, plant mitigate potential effects from the Project on TLRU. Refer to the land, including areas of medicinal, and B) harvesting, travel, habitation, and cultural Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, cultural, spiritual and historical Heritage Resources or spiritual practices and sites for traditional New Pipeline EPP, and Conversion Segments EPP for a list of general importance from effects of industry or (Volume 16 Parts A and B) purposes are addressed through mitigation measures that mitigate potential effects pertaining to against government intervention consideration of temporary or permanent construction and maintenance activities in Alberta and Saskatchewan PFN professed an obligation to loss of hunting areas or opportunities, (see “Project Description for Alberta Segment” and “Project Description preserve the land for future temporary or permanent loss of fishing for Saskatchewan and Manitoba Segment”) on heritage resources. generations. 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 or travelways, or their use (including navigation), temporary or permanent loss of habitation sites or their use and temporary or permanent loss of cultural or spiritual practices or sites. In the heritage resources assessment, areas of cultural and historical importance that have been identified as heritage resources by the appropriate provincial regulator are addressed through effects on loss or alteration to heritage resource sites and context. Identification by the province for each heritage resource site will consider the age of the site, its historical context, and whether it has recognizable physical remains. The heritage resources assessment is focused on the PDA; for sites outside the PDA there are no predicted effects. As ongoing consultation results in the identification of new heritage resource sites within the PDA, their assessment will be undertaken.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Pasqua First Nation #79

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures As described in the heritage resources assessment in the Consolidated ESA, all heritage resource sites will be evaluated by the appropriate provincial regulator and mitigation requirements (including avoidance) commensurate with the heritage value of the site will be issued. With the implementation of site-specific mitigation (including avoidance, if appropriate), no significant effect to heritage resources is anticipated.

Temporary or Permanent Loss of Hunting Areas or Opportunities

In the past, PFN hunting territory The hunting area within the area of the Traditional Land and Resource In the TLRU assessment, Project effects Energy East acknowledges this historical activity by PFN and the included the area west of Regina, locations described (Regina, George Use (Volume 16 Parts A on hunting for traditional purposes are importance of the historical hunting as it relates to contemporary use. north to the George Gordon First Gordon First Nation, Hudson Bay, and B) addressed through consideration of Refer to the general mitigation measures for TLRU that mitigate Nation area, east to Hudson Bay area, Kenosee, Cypress6 Hills, Moose temporary or permanent loss of hunting potential effects from the Project on similar current practices and 7 Human Occupancy and and south to Kenosee, Moose Mountain and Last Mountain Lake) Resource Use (Volume 16 area or opportunities. activities. Mountain, Cypress Hills may be intersected by the PDA, Parts A and B) In the human occupancy and resource use (Saskatchewan and Alberta) and Last including facilities and associated assessment, the Project effects on lands Mountain Lake (Saskatchewan). access roads. Wildlife and Wildlife Habitat (Volume 15 Parts A and B) used for hunting are addressed through consideration of temporary or permanent loss of use for fishing, trapping, or hunting. See also the wildlife and wildlife habitat assessment, where habitat types (e.g., native prairie) for selected wildlife species are used to assess change in habitat availability and habitat connectivity. Habitat suitability for select wildlife species is determined using habitat associations (i.e., based on species preference of the habitat types). The change in mortality risk is considered for selected wildlife species. In cases where hunting activities are overlapped by both the PDA and the LAA, the Project will have an effect on lands used for hunting as well as wildlife habitat within the PDA and may have an effect on these areas within the LAA during construction. During the life of the Project, the PDA of the facilities and access roads will not be available for hunting or for wildlife habitat. However, the areas used for hunting or as wildlife habitat outside the PDA but within the LAA of the facilities and access roads may be affected. Habitat adjacent to the facilities may be affected during operations due to sensory disturbance.

6 The location for the Cypress Hills is based on Hildebrandt and Hubner (1994). 7 Moose Mountain is assumed to be Moose Mountain Provincial Park; distance to the PDA was calculated from the Moose Mountain Provincial Park entitlement.

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Energy East Project Pasqua First Nation #79 Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures The Project will not affect lands used for hunting and wildlife species in areas that are located outside of the LAA for the wildlife and wildlife habitat, and human occupancy and resource uses assessments. As determined in the human occupancy and resource use assessment in the Consolidated ESA, the Project will not change or disrupt current resource use (e.g., hunting) in the RAA. Similarly, for the wildlife and wildlife habitat assessment, the Project will not threaten the long-term viability of wildlife within the RAA.

Temporary or Permanent Loss of Habitation Sites or their Use

PFN noted that there are campsites Specific locations for these camping Traditional Land and Resource In the TLRU assessment, Project effects Mitigation for heritage resource sites is required by the appropriate throughout PFN traditional lands sites were not provided by PFN, but Use (Volume 16 Parts A on habitation for traditional purposes are provincial regulator prior to construction as a condition of clearance. where people would make spears and traditional lands were described as and B) addressed through consideration of For sites determined to be heritage sites, mitigation may include arrows. being Treaty 4 lands and the areas Heritage Resources temporary or permanent loss of habitation detailed mapping, photography, additional assessment, archaeological from Regina to George Gordon First (Volume 16 Parts A and B) sites or their use. excavation, monitoring during construction or avoidance by means of Nation, Hudson Bay and Kenosee. In the heritage resources assessment, route adjustments or temporary fencing during construction. The TLRU areas within these locations campsites that have been identified as There are general mitigation measures as outlined below that mitigate may be intersected by the PDA, heritage resources by the appropriate potential effects on habitation sites or their use that pertain to including facilities and associated provincial regulator are addressed through construction and maintenance activities in Saskatchewan (see “Project access roads. Treaty 4 lands are effects on loss or alteration to heritage Description for Saskatchewan and Manitoba Segment”). intersected by the Project. resource sites and context. Identification by TLRU the province for each heritage resource site will consider the age of the site, its In addition to the TLRU mitigation measures listed above this table, to historical context, and whether it has mitigate potential effects from the Project of temporary or permanent recognizable physical remains. loss of habitation sites or their use, the following mitigation could be implemented by Energy East, subject to engagement (see [list The heritage resources assessment is appropriate EPPs]) focused on the PDA; for sites outside the PDA there are no predicted effects. As • All construction traffic will adhere to safety and road closure ongoing consultation results in the regulations. Speed limits will be established as per the traffic control identification of new heritage resource sites management plan. Refer to the Traffic Control Management Plan within the PDA, their assessment will be (see EPP). undertaken. As described in the heritage • Clearly delineate areas that have access restrictions. Restrict resources assessment in the Consolidated access to essential construction personnel only. Direct all other ESA, all heritage resource sites will be personnel to the RoW via alternate access routes. evaluated by the appropriate provincial regulator and mitigation requirements • Reclaim disturbed areas following completion of construction; (including avoidance) commensurate with restore access to and use of affected areas not required for the heritage value of the site will be issued. permanent facilities. With implementation of site-specific Construction mitigation (including avoidance, as During construction, mitigation measures include (see the Temporary appropriate), no significant effect to Facilities EPP, Pump Station EPP and Conversion Segments EPP): heritage resources is anticipated. • If historical or palaeontological features (e.g., arrow heads, modified bone, pottery fragments, fossils) not previously identified are found on the RoW or facility site during construction, follow conditions outlined in the Heritage Resource Discovery Plan (see EPP). • Prohibit the collection of Heritage Resources by Project personnel.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Pasqua First Nation #79

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures • Do not permit clearing in proximity to known archaeological sites unless otherwise approved by the appropriate regulatory agency. • Do not permit grading in proximity to known archaeological sites unless otherwise approved by the appropriate regulator. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework maintenance activities.

Other Environmental

PFN has an agreement with the Qu’Appelle River is within the TLRU Surface Water Resources In the surface water resource assessment, The identified areas occur outside the surface water resources and Government of Saskatchewan, the RAA9. (Volume 15 Parts A and B) Project potential effects on surface water fish and fish habitat LAAs; therefore, no Project interactions are Pasqua Lake Water Management Pasqua Lake (or Qu’Appelle Lake) is Fish and Fish Habitat resources are change in surface water anticipated. As such, mitigation measures are not applicable. Agreement, that has as objectives to outside the TLRU RAA. (Volume 15 Parts A and B) quantity and change in surface water preserve aquatic life, environmental quality. sustainability, and “review projects that In the fish and fish habitat assessment, fish may have detrimental or negative species that can be fished for subsistence impacts to the first two” (PFN 2015b). are considered under commercial, PFN raised questions about the recreational, and Aboriginal (CRA) potential for environmental impacts on fisheries. 8 the Qu’Appelle Valley , stating that Habitat potential for fish species that PFN needs to be provided with a contribute to a CRA fishery in watercourses better understanding on the Project in and waterbodies crossed by the Project is terms of its effects on the environment. determined through existing information and field surveys. Restricted activity periods are applicable for all species considered for CRA fisheries and are considered in recommended mitigation measures. The potential effects from the Project on fish and fish habitat are change in fish habitat, change in fish movement, migration and fish passage, change in fish mortality and introduction of deleterious substances. The Project will not affect waterbodies located outside of the LAA for the surface water resources assessment, and fishing activities and fish species in areas that are located outside of the LAA for the fish and fish habitat assessment.

8 The extent of Qu’Appelle Valley could not be determined; distance to PDA was measured from the Qu’Appelle River. 9 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 Pasqua First Nation #79 Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 7 TLRU Information and Mitigation – Pasqua First Nation #79

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Pasqua First Nation #79 Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations3 Consolidated ESA/EPP Mitigation Measures As determined in the surface water resources assessment in the Consolidated ESA, the Project will not result in reductions or degradation of surface water quality and quantity; sustainable flows will meet present and future use and support aquatic life. Similarly, for the fish and fish habitat assessment, the Project effects on fish and fish habitat are predicted to be not significant.

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Profiles: Pasqua First Nation #79. Retrieved March 2016 from: http://fnp-ppn.aandc- aadnc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=383&lang=eng.

Hildebrandt, W. and B. Hubner. 1994. The Cypress Hills. The Land and Its People. , Saskatchewan: Purich Publishing.

Pasqua First Nation (PFN) 2015a. Energy East Intervenor Application (NEB Exhibit No. A72620-2; NEB Filing ID A4T4F6). Calgary, Alberta. Retrieved January 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll/fetch/2000/90464/90552/2432218/2540913/2797619/2836911/2819188/A72620-2_PFN_Letter_to_NEB_-_Energy_East_Intervenor_Application_-_Sept_17_-_2015_-_A4T4F6.pdf?nodeid=2819370&vernum=1.

2015b. Energy East Pipeline Ltd. Energy East Project and Asset Transfer. Volume 2. Oral Traditional Evidence (NEB Exhibit No. A73898-1; NEB Filing ID A4V3R3). Retrieved January 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll/fetch/2000/90464/90552/2432218/2540913/2856151/2856073/A73898-1_15-11-10_-_Volume_2_-_A4V3R3.pdf?nodeid=2856375&vernum=-2.

Thompson, C. 2007. Pasqua First Nation. The Encyclopedia of Saskatchewan: A Living Legacy. Canadian Plains Research Center, University of Regina. Retrieved January 2016 from: http://esask.uregina.ca/entry/pasqua_first_nation.html.

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