Frog Lake First Nation

Home , Cree, Frog Lake First Nation, Puskiakiwenin 122, Treaty 6

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

FROG LAKE FIRST NATION

Frog Lake First Nation (FLFN) (Band No. 465) is a Cree Nation affiliated with Tribal Chiefs Ventures Inc., a member of the Confederacy of Treaty Six First Nations and a signatory of Treaty 6 (AANDC 2016; CTSN 2016). Frog Lake First Nation falls under the Indian Act election provisions, with a Chief and six Councillors elected to a two-year term (AANDC 2016).

Frog Lake First Nation is located in northeast Alberta, 210 km east of Edmonton (FLFN 2014). Frog Lake First Nation comprises three reserves: Puskiakiwenin 122 (10,339 ha), located 65 km east of St. Paul; Blue Quills First Nation Indian Reserve (96 ha), located 3 km west of St. Paul; and Unipouheos 121 (8506 ha), located 32 km southeast of Bonnyville. Most Frog Lake First Nation members reside on reserve. Puskiakiwenin 122 is the most populated of the three reserves (AANDC 2016). As of March 2016, Frog Lake First Nation had a registered population of 3,171, with 1,745 members on reserve, 272 on other reserves, 4 members on Crown land and 1,150 living off reserve (AANDC 2016).

LOCATION RELATIVE TO THE PROJECT

Puskiakiwenin 122 is located 143 km from the Project development area (PDA). The Frog Lake First Nation traditional territory intersects with the proposed right-of-way (RoW) from Hardisty, Alberta to the southeastern border of Frog Lake First Nation Traditional Territory. Approximately 99 km of the RoW is located within the Frog Lake First Nation traditional territory (FLFN 2014).

Frog Lake First Nation traditional territory in Alberta is described as an area that “ranges in the southwest from the Alberta–Saskatchewan border north of Loverna, slightly northwesterly south of Consort, Coronation, and Castor. Thereafter, the border runs northeast of Forestburg, Killam and Viking. The border crosses the Yellowhead Highway east of Vegreville and west of Manville. It then proceeds northeast of St. Paul, and thereafter northwest to the south edge of Lakelands Provincial Park. It then follows the south border of the Cold Lake Air Weapons Range to west of Primrose Lake, where the boundary goes northwest around the lake, then northwest to the northwest corner of the Weapons Range (31,890 km2)” (FLFN 2014).

TLRU INFORMATION SOURCE

An independent traditional land and resource use (TLRU) study was conducted by Frog Lake First Nation, with support from David Hedmann & Associates. Data were compiled from historical and archival resources and interview sessions were conducted with 25 TLRU participants regarding past and current use and occupancy of the land, to verify TLRU data and provide additional information. TLRU data review, synthesis and analysis of both maps and interview recordings took place before the community verification meeting with the TLRU participants. A Land Use and Occupancy Study (LUOS) for the Proposed TransCanada Energy East Pipeline Project – Final Report (FLFN 2014) was provided by Frog Lake First Nation for use in the regulatory process for the Project in April 2015; this source of TLRU information was reviewed and information was incorporated into Table 4, columns “Traditional Land and Resource Use Information” and “Frog Lake First Nation Mitigation Recommendations.”

KEY TOPICS IDENTIFIED BY FROG LAKE FIRST NATION IN RELATION TO THE PROJECT

The following key topics were identified from TLRU information provided by Frog Lake First Nation in relation to the Project (FLFN 2014):

• Potential effects from the Project on lands in the southern portion of Frog Lake First Nation Traditional Territory, particularly on areas used for hunting, fishing, gathering berries and other food products, and gathering traditional plants. • Potential effects from the Project within the Battle River watershed, of high environmental value to Frog Lake First Nation. • Potential for disturbance of historic trails and routes that remain in the area through which the proposed pipeline passes. Frog Lake First Nation is currently working with Alberta Heritage and others to restore and reclaim identified trails and routes within the area of the proposed pipeline. • Cultural importance of the Hardisty area and Sounding Lake to Frog Lake First Nation. • Culturally significant sites are located in the Moose Hills area and the Moosachee Trail and Dog Rump Trail. • Potential effects from the Project on Frog Lake First Nation Aboriginal and treaty rights in and around the pipeline corridor.

Frog Lake First Nation has identified 9 sites within the PDA, 4 sites within the TLRU local assessment area (LAA), and 4 sites within the TLRU regional assessment area (RAA)1. As described in Volume 16, Part A, 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 4, that are expected to effectively address potential effects from the Project. Energy East is committed to meeting with Frog Lake First Nation to discuss these mitigation measures and determine if additional mitigation measures are required.

1 Information was provided by Frog Lake First Nation in both text and figure format, which overlap in certain cases. As a result, the total number of sites may be over-represented for each area.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Frog Lake First Nation stated that their traditional use area expands and evolves as TLRU data continues to be collected from Frog Lake First Nation members. Frog Lake First Nation noted that, “Frog Lake First Nation (FLFN) people want to mitigate or stop activities that have or will have direct and adverse effects on their Aboriginal title and Aboriginal rights including to hunt, fish, gather, trap, to access the lands within their territory as their ancestors did for thousands of years, and to protect what they can of their cultural landscape” (FLFN 2014). Frog Lake First Nation is of the opinion that a strong working relationship with Energy East will help to mitigate project effects on Frog Lake First Nation Aboriginal and treaty rights. Frog Lake First Nation stated an interest in building new partnerships that strengthen culture, heritage and economy (FLFN 2014).

FROG LAKE FIRST NATION TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION2 FOR 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 CONTEXT: This segment is in southern Alberta. Frog Lake First Nation has identified the following locations that are farther than 50 km from the PDA: Murphy Road is located approximately 131 km from the PDA; Saddle Lake Reserve No. 125, approximately 138 km from the PDA; Onion Lake Reserve 119-2, approximately 138 km from the PDA; Frog Lake, approximately 145 km from the PDA; Hobbema, approximately 148 km from the PDA; Onion Lake Reserve 119-1, approximately 148 km from the PDA; Kehewin Reserve No. 123, approximately 157 km from the PDA; and southern edge of Cold Lake Weapons Range, approximately 233 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 that 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 4 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.

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

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

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 and 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 Frog Lake First Nation.

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

FLFN historically used “eastern Alberta FLFN Traditional Territory4 is Traditional Land and Resource In the TLRU assessment, Project effects on “Frog Lake First Nation (FLFN) Energy East acknowledges this request for discussions and western Saskatchewan as their intersected by the PDA, including the Use (Volume 16 Part A) hunting, fishing, trapping, plant harvesting, people want to mitigate or stop regarding mitigation measures and economic partnerships; traditional territory” (FLFN 2014). Alberta segment pipeline, Hardisty D Fish and Fish Habitat travel, habitation, and cultural or spiritual activities that have or will have direct Energy East will discuss the recommendations here, as well as FLFN noted that the Project may have tank terminal, Lakesend and Hardisty (Volume 15 Part A) practices and sites for traditional purposes and adverse effects on their any additional measures, with FLFN. “direct and adverse effects on their pump stations, mainline valves, and are addressed through consideration of Aboriginal title and Aboriginal rights Refer to the TLRU mitigation measures listed above this table associated access roads. Vegetation and Wetlands, temporary or permanent loss of hunting areas including to hunt, fish, gather, trap, to traditional territory and their treaty and (Volume 15 Part A) to mitigate potential effects from the Project on TLRU. Refer to Aboriginal rights within and near their or opportunities, temporary or permanent loss access the lands within their territory the Pump Station EPP, Tank Terminal EPP, New Pipeline EPP traditional territory” (FLFN 2014). Wildlife and Wildlife Habitat of fishing areas or opportunities, temporary or as their ancestors did for thousands and Temporary Facilities EPP for a list of general mitigation (Volume 15 Part A) permanent loss of trapping areas or of years, and to protect what they can measures that mitigate potential effects pertaining to FLFN members continue to hunt, fish, opportunities, temporary or permanent loss of of their cultural landscape” (FLFN Human Occupancy and construction and maintenance activities in Alberta (see trap, gather plants and foods, and plant harvesting areas or opportunities, 2014) Resource Use (Volume 16 "Project Description for the Alberta Segment") on fish and fish maintain a connection with the land. temporary or permanent loss of trails or Part A) “FLFN intends to strengthen its habitat, access to waterbodies used for fishing, traditional use travelways, or their use (including navigation), working relationships with plants, wildlife and wildlife habitat, lands used for hunting and Heritage Resources temporary or permanent loss of habitation TransCanada to mitigate the direct trapping, and heritage resources. (Volume 16 Part A) sites or their use and temporary or permanent and adverse effects its activities with loss of cultural or spiritual practices or sites. have on the Frog Lake Cree people In the Consolidated ESA, Project effects on Aboriginal and treaty rights and to the biophysical and socio-economic build new economic partnerships that environment were assessed under the strengthen the FLFN culture, heritage following valued components: fish and fish and economy.” (FLFN 2014) habitat; vegetation and wetlands; wildlife and wildlife habitat; human occupancy and resource use; and heritage resources. With the application of mitigation measures during construction and operation, residual Project effects on fish and fish habitat, heritage resource sites, and lands used for fishing, hunting, and trapping or changes in soil and terrain, vegetation and wetlands, and

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 FLFN Traditional Territory is based on figures provided by FLFN (FLFN 2014).

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

“Land based economies require large Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table areas of land to sustain wildlife, plant, Use (Volume 16 Part A) hunting, fishing, trapping and plant harvesting to mitigate potential effects from the Project on TLRU. Refer to fish, and other life forms on which the Fish and Fish Habitat are addressed through consideration of the Pump Station EPP, Tank Terminal EPP, New Pipeline EPP economies are based. Unless these (Volume 15 Part A) temporary or permanent loss of hunting areas and Temporary Facilities EPP for a list of general mitigation landscapes can at least in part be or opportunities, temporary or permanent loss measures that mitigate potential effects pertaining to protected and sustained, the culture and Vegetation and Wetlands of fishing areas or opportunities, temporary or construction and maintenance activities in Alberta (see economy on which they are based (Volume 15 Part A) permanent loss of trapping areas or "Project Description for the Alberta Segment") on fish and fish cannot survive in the long term.” (FLFN Wildlife and Wildlife Habitat opportunities and temporary or permanent habitat, access to waterbodies used for fishing, traditional use 2014) (Volume 15 Part A) loss of plant harvesting areas or plants, wildlife and wildlife habitat, and lands used for hunting opportunities,. and trapping. Human Occupancy and Resource Use (Volume 16 In the Consolidated ESA, Project effects on Part A) the biophysical and socio-economic environment were assessed under the following valued components: fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat; and human occupancy and resource use. With the application of mitigation measures during construction and operation, residual Project effects on fish and fish habitat, and lands used for fishing, hunting, and trapping or changes vegetation and wetlands, and wildlife and wildlife habitat are predicted to be not significant over the life of the Project.

Temporary or Permanent Loss of Hunting Areas or Opportunities

Hunting is an important part of FLFN Battle River watershed is intersected Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that culture. by the PDA, including the Alberta Use (Volume 16 Part A) hunting for traditional purposes are mitigate potential effects on wildlife and wildlife habitat and Species hunted by FLFN include: segment pipeline, Hardisty D tank Wildlife and Wildlife Habitat addressed through consideration of lands used for hunting that pertain to construction and moose, elk, white tail deer, mule deer, terminal, Lakesend and Hardisty pump (Volume 15 Part A) temporary or permanent loss of hunting areas maintenance activities in Alberta (see "Project Description for stations, mainline valves, and or opportunities. the Alberta Segment"). lynx, fox, wolf, beaver, grouse, gophers, Human Occupancy and muskrat, squirrel, weasel, otter, and associated access roads. In the wildlife and wildlife habitat assessment, TLRU 6 Resource Use (Volume 16 ducks. Hardisty is within the TLRU LAA . Part A) sharp-tailed grouse, are listed as species of In addition to the TLRU mitigation measures listed above this FLFN hunting areas include: Although the extent of the Hardisty management concern (SOMC). table, to mitigate potential effects from the Project of temporary area is not provided, this area may be For selected wildlife species, habitat types or permanent loss of hunting areas or opportunities, the • Battle River watershed intersected by the PDA, including the (e.g., native prairie) are used to assess following mitigation could be implemented by Energy East, • Hardisty Alberta segment pipeline, Hardisty D change in habitat availability and change in subject to engagement (see New Pipeline EPP, Temporary • Sounding Lake tank terminal, Hardisty pump station, a habitat connectivity. Habitat suitability for Facilities EPP, Pump Station EPP and Tank Terminal EPP): mainline valve, and associated access selected wildlife species is determined using • The southern edge of the Cold Lake • The EPPs include seasonal timing constraints for wildlife roads. habitat associations (i.e., based on species Weapons Range Ile-a-la-Crosse and fisheries resources. These timing constraints are to be Sounding Lake is within the TLRU preference of the habitat types). The change (northeast of the range) followed unless otherwise approved by an appropriate RAA. in mortality risk is considered for selected • West of Cold Lake, between Cold regulatory authority. wildlife species. Lake and Waterhen • The region between the Frog Lake reserve and the Kehewin reserve. • Moose Hills

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

SAGD project is southwest of the life of the Project, the PDA of the facilities and Management Plan (see EPP). FLFN reserve and outside the TLRU access roads will not be available for hunting • RAA. or for wildlife habitat. However, the areas Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. used for hunting or as wildlife habitat outside One hunting area mapped by FLFN is Direct all other personnel to the RoW via alternate access the PDA but within the LAA of the facilities intersected by the PDA, including the routes. Alberta segment pipeline, Hardisty D and access roads may be affected. Habitat • tank terminal, Hardisty pump station, a adjacent to the facilities may be affected Reclaim disturbed areas following completion of mainline valve, and associated access during operations due to sensory disturbance. construction; restore access to and use of affected areas not roads. The Project will not affect lands used for required for permanent facilities. One hunting area mapped by FLFN is hunting and wildlife species in areas that are • Project personnel are not permitted to hunt on the work site 7 located outside of the LAA for the wildlife and within the TLRU RAA . Resource Specific wildlife habitat, and human occupancy and Ten hunting areas mapped by FLFN resource uses assessments. There are mitigation measures as outlined below that mitigate are outside the TLRU RAA. potential effects on sharp-tailed grouse and migratory birds As determined in the wildlife and wildlife (see New Pipeline EPP): One harvesting area mapped by FLFN habitat assessment in the Consolidated ESA, is intersected by the PDA, including the Project will not threaten the long-term • Where grouse leks are recorded, add perch deterrents to the Alberta segment pipeline, viability of wildlife within the RAA. Similarly, aboveground structures within 1 km of leks to reduce Hardisty D tank terminal, Hardisty for the human occupancy and resource use predation (AER 2013). pump station, a mainline valve, and assessment, the Project will not change or • If construction takes place between September 16 and associated access roads. disrupt current resource use (e.g., hunting) in October 31, time of day restrictions apply. There shall be no Three harvesting areas mapped by the RAA. construction and reclamation activity (including accessing FLFN are outside the TLRU RAA. the site) between sunrise and 10 AM within the lek intersection zone (500 m on either side of the lek). Exceptions will be reviewed by Energy East and a qualified Wildlife Biologist on a case by case basis. • In the event of vegetation clearing or construction activities occurring within the restricted activity period (RAP) for migratory birds (April 1 to August 31) the footprint should be surveyed by a qualified wildlife biologist for active migratory bird nests within 7 days of work commencing. Follow the Bird Nest Mitigation Plan (see EPP). • Active nests must not be damaged or destroyed.

6 For this table, sites and areas identified within the TLRU LAA are assumed to be outside the PDA. 5 TLRU data identified general locations for the harvesting activities listed; therefore this information has been repeated under temporary or permanent loss of hunting areas or opportunities and temporary or permanent loss of plant harvesting areas or opportunities. 7 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 Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Historically, FLFN hunted buffalo for Traditional Land and Resource In the TLRU assessment, Project effects on Energy East acknowledges buffalo hunting as a historical subsistence living, utilizing all parts of Use (Volume 16 Part A) hunting for traditional purposes are activity by FLFN and the importance of buffalo hunting as it the buffalo for food, clothing, and addressed through consideration of relates to contemporary use. Refer to the general mitigation shelter. temporary or permanent loss of hunting areas measures for TLRU that mitigate potential effects from the or opportunities. Project on similar current practices and activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Fishing Areas or Opportunities

FLFN stated that fishing is an important Battle River watershed is intersected Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that part of FLFN culture. by the PDA, including the Alberta Use (Volume 16 Part A) fishing for traditional purposes are addressed mitigate potential effects on fish and fish habitat, and access to Fish species harvested by FLFN segment pipeline, Hardisty D tank Fish and Fish Habitat through consideration of temporary or waterbodies used for fishing that pertain to construction and include: pickerel, whitefish, burbot terminal, Lakesend and Hardisty pump (Volume 15 Part A) permanent loss of fishing areas or maintenance activities in Alberta (see “Project Description for (mariah), jack and suckers. stations, mainline valves, and opportunities. Alberta Segment”). associated access roads. Human Occupancy and Battle River watershed and Hardisty Resource Use (Volume 16 In the fish and fish habitat assessment, fish TLRU area are important fishing areas for Hardisty is within the TLRU LAA. Part A) species that can be fished for subsistence are In addition to the TLRU mitigation measures listed above this FLFN. Although the extent of the Hardisty considered under CRA fisheries. table, to mitigate potential effects from the Project of temporary area is not provided, this area may be Habitat potential for fish species that or permanent loss of fishing areas or opportunities, the Thirteen fishing areas were mapped by intersected by the PDA, including the FLFN. contribute to a CRA fishery in watercourses following mitigation could be implemented by Energy East, Alberta segment pipeline, Hardisty D and waterbodies crossed by the Project is subject to engagement (see New Pipeline EPP, Temporary tank terminal, Hardisty pump station, a determined through existing information and Facilities EPP, Pump Station EPP and Tank Terminal EPP): mainline valve, and associated access field surveys. RAPs are applicable for all • Prohibit the use of herbicides within 30 m of an open body of roads. species considered for CRA fisheries and are water, unless the herbicide application is conducted by One fishing area mapped by FLFN is considered in recommended mitigation ground application equipment, or otherwise approved by the intersected by the PDA, including the measures. relevant regulatory agency, where applicable. Alberta segment pipeline, Hardisty D The potential effects from the Project on fish • The EPPs include seasonal timing constraints for wildlife tank terminal, Hardisty pump station, a and fish habitat are change in fish habitat, and fisheries resources. These timing constraints are to be mainline valve, and associated access change in fish movement, migration and fish followed unless otherwise approved by an appropriate roads. passage, change in fish mortality and regulatory authority. Twelve fishing areas mapped by FLFN introduction of deleterious substances. • are outside the TLRU RAA. See also the human occupancy and resource Adhere to regulations, standards and guidelines for use assessment, where the Project effects on watercourse crossings as outlined in the EPP. access to waterbodies used for fishing are • All construction traffic will adhere to safety and road closure addressed through consideration of regulations. Speed limits will be established as per the traffic temporary or permanent loss of use for control management plan. Refer to the Traffic Control fishing, hunting, or trapping. Management Plan (see EPP). In cases where fishing activities are • Clearly delineate areas that have access restrictions. overlapped by both the PDA and the LAA, the Restrict access to essential construction personnel only. Project will have an effect on fishing activities Direct all other personnel to the RoW via alternate access within the PDA, and potentially on fish and routes. fish habitat, during construction. The Project • Reclaim disturbed areas following completion of may have an effect on fishing activities, and construction; restore access to and use of affected areas not potentially fish and fish habitat, within the required for permanent facilities. LAA during construction. The Project will not affect fishing activities and fish species in • Create new, temporary portages to allow transport of areas that are outside of the LAA for the fish watercraft around active construction areas. and fish habitat and the human occupancy • Project personnel are not permitted to fish on the work site. and resource use assessments. Construction As determined in the fish and fish habitat assessment in the Consolidated ESA, the During construction, mitigation measures include (see Pump Project effects on fish and fish habitat are Station EPP, Temporary Facilities EPP and New Pipeline predicted to be not significant. Similarly, for EPP): the human occupancy and resource use • Energy East will obtain all applicable permits and/or assessment, the Project will not change or authorizations prior to the commencement of the crossings. disrupt current resource use (e.g., fishing) in the RAA. • Postpone watercourse crossing construction if excessive flows or flood conditions exist or are anticipated, and if construction methods cannot be modified to cope with the increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP).

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Frog Lake First Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures • Post signs immediately following clearing (including name, number and KP) for watercourses. Signs will be posted 100 m from the watercourse or at the top of the valley slope, whichever is greater, to alert the Contractor of the upcoming watercourse. • The Contractor shall develop a detailed site specific watercourse crossing plan and submit the plan to Energy East prior to initiating watercourse crossing activities (for pipeline and road crossing). • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The right-of-way will be narrowed through the riparian area, if possible. • Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. • Implement permanent bank reclamation measures to re-establish riparian vegetation and fish habitat as a part of backfill operations (see Typical Drawings). • No construction activity will occur within the RAP or outside the instream work window of least risk for any watercourse crossing unless: • it is dry or frozen to the bottom at the time of construction; • if trenchless techniques are employed; or • approval from the appropriate regulatory agency is obtained. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • For detailed description for mitigation during construction for fish and fish habitat refer to Section 8.4 (Watercourse Crossings) of the New Pipeline EPP. Other mitigation within Section 8.4 deals with establishment of riparian buffers, direction on grading near waterbodies, and establishment of sediment and erosion control measures, including the Soil and Erosion Control Contingency Plan (see EPP). It also includes mitigation measures for vehicle crossings in both frozen and unfrozen conditions, and mitigation measures for crossing methods (open cut, isolated, and trenchless

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Trapping Areas or Opportunities

FLFN identified trapping as an important Whitney, Garnier, Muriel and Cold Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that part of FLFN culture. Lakes are outside the TLRU RAA. Use (Volume 16 Part A) trapping for traditional purposes are mitigate potential effects on wildlife and wildlife habitat and Species trapped by FLFN include: One trapping area mapped by FLFN is Wildlife and Wildlife Habitat addressed through consideration of lands used for trapping that pertain to construction and beaver, lynx, rabbits, mink, weasel, intersected by the PDA, including the (Volume 15 Part A) temporary or permanent loss of trapping maintenance activities in Alberta (see “Project Description for areas or opportunities. Alberta Segment”). coyote, wolf, muskrat, and squirrel. Alberta segment pipeline, Hardisty D Human Occupancy and Wetland regions are used as primary tank terminal, Hardisty pump station, Resource Use (Volume 16 In the wildlife and wildlife habitat assessment, TLRU trapping areas, including Garnier Lakes, mainline valves, and associated Part A) the habitat types (e.g., native prairie) for In addition to the TLRU mitigation measures listed above this access roads. selected wildlife species are used to assess Whitney Lakes, Muriel Lake, and Cold table, to mitigate potential effects from the Project of temporary Lake. Eight trapping areas mapped by FLFN the change in habitat availability and change or permanent loss of trapping areas or opportunities, the are outside of the TLRU RAA. in habitat connectivity. Habitat suitability for following mitigation could be implemented by Energy East, Whitney Lakes was an important selected wildlife species is determined using trapping locale; however, the creation of subject to engagement (see New Pipeline EPP, Temporary habitat associations (i.e., based on species Facilities EPP, Pump Station EPP and Tank Terminal EPP): Whitney Lakes Provincial Park resulted preference of the habitat types). As part of in the community no longer having the Consolidated ESA, potential effects on • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade access to trapping areas within the park furbearer habitat were indirectly assessed spoil, rollback) and strung pipe at obvious drainages and boundaries. through the change in area of habitat types. wildlife trails, and to allow for wildlife, livestock and Nine trapping areas were mapped by The change in mortality risk is considered for vehicle/machinery passage across the right-of-way. FLFN. selected wildlife species. Locations where gaps are appropriate will be determined in the field by the Environmental Inspector(s). Gaps should See also the human occupancy and resource align. The Environmental Inspector(s) will identify and notify use assessment, where the Project effects on the Contractor of the appropriate locations for gaps. lands used for trapping are addressed through consideration of temporary or • All construction traffic will adhere to safety and road closure permanent loss of use for fishing, hunting, or regulations. Speed limits will be established as per the traffic trapping. control management plan. Refer to the Traffic Control Management Plan (see EPP). In cases where trapping activities are overlapped by both the PDA and the LAA, the • Clearly delineate areas that have access restrictions. Project will have an effect on land used for Restrict access to essential construction personnel only. trapping as well as wildlife habitat within the Direct all other personnel to the RoW via alternate access PDA and may have an effect on these areas routes. within the LAA during construction. During the • Reclaim disturbed areas following completion of life of the Project, the PDA of the facilities and construction; restore access to and use of affected areas not access roads will not be available for trapping required for permanent facilities.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Frog Lake First Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures or for wildlife habitat. However, the areas Construction used for trapping or as wildlife habitat outside During construction, mitigation measures include (see New the PDA but within the LAA of the facilities Pipeline EPP, Temporary Facilities EPP, Pump Station EPP and access roads may be affected. Habitat and Tank Terminal EPP): adjacent to the facilities may be affected during operations due to sensory disturbance. • The Contractor will monitor the open trench for trapped wildlife. Should any wildlife be identified, the Contractor will The Project will not affect lands used for contact the Environmental Inspector(s) and Construction trapping and wildlife species in areas that are Manager. The Environmental Inspector(s) will contact the located outside of the LAA for the human appropriate provincial regulatory agency or a Wildlife occupancy and resource use and the wildlife Resource Specialist, where required, for direction. and wildlife habitat assessments. • If listed or sensitive wildlife species are identified during As determined in the wildlife and wildlife construction of the Project, implement the Wildlife Species of habitat assessment in the Consolidated ESA, Concern Discovery Contingency Plan (see EPP). the Project will not threaten the long-term viability of wildlife within the RAA. Similarly, • Do not harass or feed wildlife. Do not permit construction for the human occupancy and resource use personnel to have dogs on the right-of-way or facility site. assessment, the Project will not change or Firearms are not permitted in Project vehicles, on the disrupt current resource use (e.g., trapping) in right-of-way, pump station site, or at associated Project the RAA. During construction, access facilities. In addition, prohibit the recreational use of restrictions could temporarily limit the ability all-terrain vehicles (ATVs) or snowmobiles by construction of permit holders to access their traplines. personnel on the right-of-way and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. • Notify registered trappers at least two weeks prior to construction. 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 during maintenance activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Plant Harvesting Areas or Opportunities

Plant species harvested by FLFN There was not enough TLRU data to Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that include: blueberries, high bush provide an accurate location of Use (Volume 16 Part A) plant harvesting for traditional purposes are mitigate potential effects on traditional use plants that pertain cranberries, low bush cranberries, Moosachee trail; Kehewin Reserve No. Vegetation and Wetlands addressed through consideration of to construction and maintenance activities in Alberta (see raspberries, saskatoon berries, 123 and Frog Lake are outside the (Volume 15 Part A) temporary or permanent loss of plant “Project Description for Alberta Segment”). gooseberries, chokecherries, seneca TLRU RAA. harvesting areas or opportunities. TLRU roots, and medicinal plants, roots, and There was not enough TLRU data to In the vegetation and wetlands assessment, barks. In addition to the TLRU mitigation measures listed above this provide an accurate location of Moose Project effects on traditional use plants are table, to mitigate potential effects from the Project of temporary Historic berry harvesting sites included Hills. FLFN has indicated that the indirectly assessed through consideration of or permanent loss of plant harvesting areas or opportunities, the Moose Hills and the Moosachee trail Pengrowth Lindbergh SAGD project is change in native vegetation communities and the following mitigation could be implemented by Energy East, that historically joined the Kehewin in the Moose Hills area. The Lindbergh loss or disturbance of wetlands. The 8 subject to engagement (see New Pipeline EPP, Temporary community with Frog Lake. SAGD project is southwest of the presence and abundance of native vegetation Facilities EPP, Pump Station EPP and Tank Terminal EPP): Present-day plant gathering occurs in FLFN reserve and outside the TLRU communities and wetlands in the PDA is • Provide opportunities for harvesting plants or other the vicinity of Frog Lake, Hardisty, RAA. determined through desktop analysis and resources before construction, where feasible. If TLRU sites Sounding Lake and the Battle River Battle River watershed is intersected field surveys. not previously identified are discovered during construction, watershed. by the PDA, including the Alberta In cases where plant harvesting activities are follow the TLU Sites Discovery Contingency Plan (see EPP). Four areas for harvesting berries, edible segment pipeline, Hardisty D tank overlapped by both the PDA and the LAA, the 9 • Prohibit the use of herbicides within 30 m of an open body of plants, duck eggs, and grouse were terminal, Lakesend and Hardisty pump Project will have an effect on vegetation water, unless the herbicide application is conducted by mapped by FLFN. stations, mainline valves, and communities and plant species within the associated access roads. PDA, and may have an effect on these areas ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. Hardisty is within the TLRU LAA. The within the LAA, during construction. The PDA Hardisty area may be intersected by of the facilities and access roads will be • All construction traffic will adhere to safety and road closure the PDA, including the Alberta reclaimed at the end of the Project; the regulations. Speed limits will be established as per the traffic segment pipeline, Hardisty D tank pipeline PDA will be reclaimed following control management plan. Refer to the Traffic Control terminal, Hardisty pump station, a construction. Management Plan (see EPP). mainline valve, and associated access The Project will not affect vegetation • Clearly delineate areas that have access restrictions. roads. communities or plant species located outside Restrict access to essential construction personnel only. Sounding Lake is within the TLRU of the LAA for the vegetation and wetlands Direct all other personnel to the RoW via alternate access RAA. assessment. routes. As determined in the vegetation and wetlands Frog Lake is outside the TLRU RAA. • Reclaim disturbed areas following completion of assessment in the Consolidated ESA, the construction; restore access to and use of affected areas not One harvesting area mapped by FLFN Project will not affect the long-term required for permanent facilities. is intersected by the PDA, including sustainability of vegetation communities in the Alberta segment pipeline, Hardisty the RAA or result in long-term wetland loss Construction D tank terminal, Hardisty pump station, that cannot be mitigated. During construction, mitigation measures include (see New a mainline valve, and associated Pipeline EPP, Temporary Facilities EPP, Pump Station EPP access roads. and Tank Terminal EPP): Three harvesting areas mapped by • Prohibit clearing of extra temporary workspace within 10 m FLFN are outside of the TLRU RAA. to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The RoW will be narrowed through the riparian area, if possible. • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should

8 Distance to PDA measured from Kehewin Reserve No. 123. 9 TLRU data identified general locations for the harvesting activities listed; therefore this information has been repeated under temporary or permanent loss of hunting areas or opportunities and temporary or permanent loss of plant harvesting areas or opportunities

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Frog Lake First Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Install cross ditches and berms on moderately steep and steep slopes on pasture, bush and forested lands in order to prevent runoff along the right-of-way and subsequent erosion. Install berms immediately downslope of all trench breakers (see EPP). • Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • Implement permanent bank reclamation measures to re-establish riparian vegetation as a part of backfill operations (see Typical Drawings). • Where practical, leave stumps in place, particularly on streambanks, to provide surface stability. Dispose of stumps removed from the required work areas by burning or chipping. • The Contractor will use Certified No. 1 seed in its seed mixes, unless Certified No 1 is not available for select reclamation seed species (e.g., native species). Certificates of seed analysis from qualified independent seed laboratories are required for all seed mixes and will be approved by Energy East. • Reduce the removal of vegetation in wetlands to the extent possible. • Conduct ground level cutting/mowing/mulching of wetland vegetation instead of grubbing. The method of removal of wetland vegetation is subject to approval by Energy East. • Salvage and store wetland organic layer separately from upland topsoil. Salvage topsoil as indicated on the Environmental Alignment Sheets and in accordance with the typical drawings (see EPP). • Reduce grading within wetland boundaries. Do not use extra temporary workspace within the boundaries of wetlands, unless required for site specific purposes. Extra temporary workspace within the boundary of a wetland must be approved by the Environmental Inspector(s). • Where the open trench has the potential to dewater a wetland, undertake trenching in a manner that prevents the flow of water along the trench. Use ditch plugs or similar water control structures in the trench at either end of wetland crossings where there is the potential of water migration along the trench as a result of changes to wetland soil permeability and immediately adjacent upland soil permeability.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Trails or Travelways, or their Use (Including Navigation)

FLFN people traveled throughout the There was not enough TLRU data to Traditional Land and Resource In the TLRU assessment, Project effects on FLFN is working with Alberta Heritage Energy East acknowledges this request for participation from traditional territory using the land for provide an accurate location of Use (Volume 16 Part A) travel for traditional purposes are addressed to restore and reclaim historic trails, TransCanada to work with FLFN and Alberta Heritage to subsistence activities and cultural Moosachee trail. Kehewin No. 123, Heritage Resources through consideration of temporary or and would welcome participation from restore and reclaim historic trails; Energy East will discuss the practices, including harvesting berries Frog Lake, Saddle Lake No.125, and (Volume 16 Part A) permanent loss of trails or travelways, or their TransCanada. recommendations here, as well as any additional measures, and plants. Onion Lake reserves No. 119-1 and use (including navigation). with FLFN. 119-2 are outside the TLRU RAA. Human Occupancy and Historic trails identified by FLFN include, Resource Use (Volume 16 In the heritage resources assessment, extant Mitigation for heritage resource sites is required by the the Moosachee trail which once joined The location of the Dog Rump Trail Part A) historic trails that have been identified as appropriate provincial regulator prior to construction as a the communities of Kehewin10 and Frog was not identified. heritage resources by the appropriate condition of clearance. For sites determined to be heritage 11 12 Lake, Saddle Lake , Onion Lake and One travel route mapped by FLFN is provincial regulator are addressed through sites, mitigation may include detailed mapping, photography, others. a trail that links Frog Lake and intersected by the PDA, including the effects on loss or alteration to heritage additional assessment, archaeological excavation, monitoring Hobbema, and the Dog Rump Trail Alberta segment pipeline, Hardisty D resource sites and context. Identification by during construction or avoidance by means of route (now part of the southwest branch of the tank terminal, Hardisty pump station, a the province for each heritage resource site adjustments or temporary fencing during construction. Iron Horse Trail) . mainline valve, and associated access will consider the age of the site, its historical There are general mitigation measures as outlined below that FLFN identified important trails and road. context, and whether it has recognizable mitigate potential effects on heritage resources and access to physical remains. travel routes near the Project; three One travel route mapped by FLFN is lands used for fishing, hunting, and trapping that pertain to historic trails and travelways were intersected by the PDA, including the See also the human occupancy and resource construction and maintenance activities in Alberta, mapped by FLFN. Alberta segment pipeline. use assessment, where the Project effects on Saskatchewan and Manitoba (see “Project Description for access to lands used for fishing, hunting, and Alberta Segment”). One travel route mapped by FLFN is trapping are addressed through consideration TLRU outside the TLRU RAA. of temporary or permanent loss of use for fishing, hunting, or trapping. In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or permanent loss of trails or travelways, or their use (including navigation), the following mitigation could be implemented by

10 Distance to PDA measured from Kehewin Reserve No. 123. 11 Distance to PDA measured from Saddle Lake Reserve No. 125. 12 Distance to PDA measured from Onion Lake Reserve No. 119-1 and 119-2.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Frog Lake First Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures The heritage resources assessment is Energy East, subject to engagement (see New Pipeline EPP, focused on the PDA; for sites outside the Temporary Facilities EPP, Pump Station EPP and Tank PDA there are no predicted effects. As Terminal EPP): ongoing consultation results in the • All construction traffic will adhere to safety and road closure identification of new heritage resource sites regulations. Speed limits will be established as per the traffic within the PDA, their assessment will be control management plan. Refer to the Traffic Control undertaken. Management Plan (see EPP). Within the PDA, the Project will have an • Clearly delineate areas that have access restrictions. effect on access to lands used for fishing, Restrict access to essential construction personnel only. hunting, and trapping during construction. Direct all other personnel to the RoW via alternate access During the life of the Project, the PDA of the routes. facilities and access roads will not be available for hunting or trapping. The Project • Reclaim disturbed areas following completion of will not affect access to lands used for fishing, construction; restore access to and use of affected areas not hunting, and trapping in areas that are required for permanent facilities. located outside of the LAA for the human • Create new, temporary portages to allow transport of occupancy and resource uses assessment. watercraft around active construction areas. As described in the heritage resources Construction assessment in the Consolidated ESA, all heritage resource sites will be evaluated by During construction, mitigation measures include (see the the appropriate provincial regulator and Temporary Facilities EPP, Pump Station EPP, New Pipeline mitigation requirements (including avoidance) EPP, and Conversion Pipeline EPP): commensurate with the heritage value of the • If historical or palaeontological features (e.g., arrow heads, site will be issued. With implementation of modified bone, pottery fragments, fossils) not previously site-specific mitigation (including avoidance, if identified are found on the RoW or facility site during appropriate), no significant effect to heritage construction, follow conditions outlined in the Heritage resources is anticipated. Resource Discovery Plan (see EPP). Similarly, for human occupancy and resource • Prohibit the collection of Heritage Resources by Project use assessment, the Project will not change personnel. or disrupt current resource use (e.g., fishing, hunting, and trapping) in the RAA. • 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. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. 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 during maintenance activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Habitation Sites or their Use

FLFN occupied the Hardisty area; Hardisty is within the TLRU LAA. Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the historically an area where buffalo, Although the extent of the Hardisty Use (Volume 16 Part A) habitation for traditional purposes are appropriate provincial regulator prior to construction as a moose, elk and deer would occupy area historically occupied was not Heritage Resources addressed through temporary or permanent condition of clearance. For sites determined to be heritage during the winter months. provided, this area may be intersected (Volume 16 Part A) loss of habitation sites or their use. sites, mitigation may include detailed mapping, photography, “The presence of arch[a]eological by the PDA, including the Alberta In the heritage resources assessment, additional assessment, archaeological excavation, monitoring resources shows that Aboriginal people segment pipeline, Hardisty D tank archaeological resources that have been during construction or avoidance by means of route were the first inhabitant[s] of the terminal, Hardisty pump station, a identified as heritage resources by the adjustments or temporary fencing during construction. Hardisty area and used that area for mainline valve, and associated access appropriate provincial regulator are There are general mitigation measures as outlined below that thousands of years. Some of these roads. addressed through effects on loss or mitigate potential effects on heritage resources that pertain to people were the ancestors of the Frog Battle River watershed is intersected alteration to heritage resource sites and construction and maintenance activities in Alberta (see Lake Cree people” (FLFN 2014). by the PDA, including the Alberta context. Identification by the province for “Project Description for Alberta Segment”). FLFN also historically used the area segment pipeline, Hardisty D tank each heritage resource site will consider the TLRU terminal, Lakesend and Hardisty pump age of the site, its historical context, and around and lived along the Battle River In addition to the TLRU mitigation measures listed above this watershed. stations, mainline valves, and whether it has recognizable physical remains. associated access roads. table, to mitigate potential effects from the Project of temporary The heritage resources assessment is or permanent loss of habitation sites or their use, the following focused on the PDA; for sites outside the mitigation could be implemented by Energy East, subject to PDA there are no predicted effects. As engagement (see Temporary Facilities EPP, Pump Station ongoing consultation results in the EPP, Tank Terminal EPP, and New Pipeline EPP): identification of new heritage resource sites within the PDA, their assessment will be • All construction traffic will adhere to safety and road closure undertaken. regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control As described in the heritage resources Management Plan (see EPP). assessment in the Consolidated ESA, all heritage resource sites will be evaluated by • Clearly delineate areas that have access restrictions. the appropriate provincial regulator and Restrict access to essential construction personnel only. mitigation requirements (including avoidance) Direct all other personnel to the RoW via alternate access commensurate with the heritage value of the routes. site will be issued. With implementation of • Reclaim disturbed areas following completion of site-specific mitigation (including avoidance, if construction; restore access to and use of affected areas not appropriate), no significant effect to heritage required for permanent facilities. resources is anticipated. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, and New Pipeline EPP): • 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. • 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.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

FLFN identified camps and cabins in the Battle River watershed is intersected Traditional Land and Resource In the TLRU assessment, Project effects on In the 2007 FLFN Aboriginal Energy East acknowledges this request for further research vicinity of Hardisty, Battle River by the PDA, including the Alberta Use (Volume 16 Part A) habitation for traditional purposes are Consultation Inventory FLFN into Sounding Lake; Energy East will discuss the watershed and Sounding Lake. segment pipeline, Hardisty D tank Heritage Resources addressed through temporary or permanent registered Sounding Lake as a site of recommendations here, as well as any additional measures, Four camp and cabin areas were terminal, Lakesend and Hardisty pump (Volume 16 Part A) loss of habitation sites or their use. Cultural and Heritage importance with with FLFN. stations, mainline valves, and the Alberta Heritage. FLFN mapped by FLFN. In the heritage resources assessment, cabins Mitigation for heritage resource sites is required by the associated access roads. that have been identified as heritage recommends further research into appropriate provincial regulator prior to construction as a The town of Hardisty is within the resources by the appropriate provincial Sounding Lake in partnership with condition of clearance. For sites determined to be heritage TLRU LAA. Although the extent of the regulator are addressed through effects on Alberta Heritage and neighboring sites, mitigation may include detailed mapping, photography, Hardisty area where camps and cabins loss or alteration to heritage resource sites First Nations. additional assessment, archaeological excavation, monitoring were identified was not provided, this and context. Identification by the province for during construction or avoidance by means of route area may be intersected by the PDA, each heritage resource site will consider the adjustments or temporary fencing during construction. including the Alberta segment pipeline, age of the site, its historical context, and There are general mitigation measures as outlined below that Hardisty D tank terminal, Hardisty whether it has recognizable physical remains. mitigate potential effects on heritage resources that pertain to pump station, a mainline valve, and The heritage resources assessment is construction and maintenance activities in Alberta (see associated access roads. focused on the PDA; for sites outside the “Project Description for Alberta Segment”). Sounding Lake is within the TLRU PDA there are no predicted effects. As TLRU RAA. ongoing consultation results in the identification of new heritage resource sites In addition to the TLRU mitigation measures listed above this One camp and cabin area mapped by table, to mitigate potential effects from the Project of temporary FLFN is within the TLRU LAA and is within the PDA, their assessment will be undertaken. or permanent loss of habitation sites or their use, the following potentially intersected by the PDA, mitigation could be implemented by Energy East, subject to including the Alberta segment pipeline, As described in the heritage resources engagement (see Temporary Facilities EPP, Pump Station Hardisty D tank terminal, Hardisty assessment in the Consolidated ESA, all EPP, Tank Terminal EPP, and New Pipeline EPP): pump station, a mainline valve, and heritage resource sites will be evaluated by associated access roads. the appropriate provincial regulator and • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic One camp and cabin area mapped by mitigation requirements (including avoidance) control management plan. Refer to the Traffic Control FLFN is within the TLRU RAA. commensurate with the heritage value of the site will be issued. With implementation of Management Plan (see EPP). Two camp and cabin areas mapped by site-specific mitigation (including avoidance, if • Clearly delineate areas that have access restrictions. FLFN are outside the TLRU RAA. appropriate), no significant effect to heritage Restrict access to essential construction personnel only. resources is anticipated. 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. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, and New Pipeline EPP): • 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).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Temporary or Permanent Loss of Cultural or Spiritual Practices or Sites

Historical evidence of FLFN ancestors Hardisty is located within the TLRU Traditional Land and Resource In the TLRU assessment, Project effects on “Because the proposed pipeline route Energy East acknowledges this request for an access protocol utilizing the land for TLRU activities has LAA. Although the extent of the Use (Volume 16 Part A) cultural or spiritual practices and sites for goes through the Sounding Lake agreement between TransCanada and FLFN; Energy East will been identified in the Hardisty area. Hardisty area was not provided, this Heritage Resources traditional purposes are addressed through area, an access protocol agreement discuss the recommendations here, as well as any additional The Hardisty area, the Battle River area may be intersected by the PDA, (Consolidated ESA Volume 3 temporary or permanent loss of cultural or between TransCanada and FLFN is measures, with FLFN. watershed, and Sounding Lake are of including the Alberta segment pipeline, Part A) spiritual practices or sites. warranted. In addition, support from Mitigation for heritage resource sites is required by the cultural and ceremonial importance to Hardisty D tank terminal, Hardisty In the heritage resources assessment, TransCanada to develop the site with appropriate provincial regulator prior to construction as a FLFN. pump station, a mainline valve, and sensitive sites that have been identified as the partnership of FLFN and Alberta condition of clearance. For sites determined to be heritage associated access roads. Heritage.” (FLFN 2014) Culturally significant sites are located in heritage resources by the appropriate sites, mitigation may include detailed mapping, photography, the Moose Hills area and along the Battle River watershed is intersected provincial regulator are addressed through additional assessment, archaeological excavation, monitoring Moosachee Trail and Dog Rump Trail. by the PDA, including the Alberta effects on loss or alteration to heritage during construction or avoidance by means of route segment pipeline, Hardisty D tank resource sites and context. Identification by adjustments or temporary fencing during construction. Five culturally significant areas were terminal, Lakesend and Hardisty pump the province for each heritage resource site mapped by FLFN. There are general mitigation measures as outlined below that stations, mainline valves, and will consider the age of the site, its historical mitigate potential effects on heritage resources that pertain to associated access roads. context, and whether it has recognizable construction and maintenance activities in Alberta (see Sounding Lake is within the TLRU physical remains. “Project Description for Alberta Segment”). RAA. The heritage resources assessment is TLRU There was not enough TLRU data to focused on the PDA; for sites outside the PDA there are no predicted effects. As In addition to the TLRU mitigation measures listed above this provide an accurate location of table, to mitigate potential effects from the Project of temporary Moosachee Trail. ongoing consultation results in the identification of new heritage resource sites or permanent loss of cultural and spiritual, sites or areas, the There was not enough TLRU data to within the PDA, their assessment will be following mitigation could be implemented by Energy East, provide an accurate location of Moose undertaken. subject to engagement (see Temporary Facilities EPP, Pump Hills. FLFN has indicated that the Station EPP, and New Pipeline EPP): Pengrowth Lindbergh SAGD project is As described in the heritage resources • All construction traffic will adhere to safety and road closure in the Moose Hills area. The Lindbergh assessment in the Consolidated ESA, all regulations. Speed limits will be established as per the traffic SAGD project is southwest of the heritage resource sites will be evaluated by control management plan. Refer to the Traffic Control FLFN reserve and outside the TLRU the appropriate provincial regulator and Management Plan (see EPP). RAA. avoidance or mitigation requirements (including avoidance) commensurate with the • Clearly delineate areas that have access restrictions. The location of the Dog Rump Trail heritage value of the site will be issued. With Restrict access to essential construction personnel only. was not identified. implementation of avoidance or site-specific Direct all other personnel to the RoW via alternate access mitigation (including avoidance, if routes. appropriate), no significant effect to heritage resources is anticipated. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

“The traditional land based economy FLFN Traditional Territory13 is Traditional Land and Resource In the TLRU assessment, Project effects on TLRU forms a cultural landscape over much of intersected by the PDA, including the Use (Volume 16 Part A) cultural or spiritual practices and sites for In addition to the TLRU mitigation measures listed above this the FLFN traditional territory. There are Alberta segment pipeline, Hardisty D traditional purposes are addressed through table, to mitigate potential effects from the Project of temporary countless areas containing Valued tank terminal, Lakesend and Hardisty temporary or permanent loss of cultural or or permanent loss of cultural and spiritual, sites or areas, the Environmental Components (VECs)” pump stations, mainline valves, and spiritual practices or sites. following mitigation could be implemented by Energy East, (FLFN 2014). associated access roads. subject to engagement (see Temporary Facilities EPP, Pump “The entire FLFN traditional Territory is Station EPP, and New Pipeline EPP): of cultural significance to the Frog Lake • All construction traffic will adhere to safety and road closure Cree people for that land base is their regulations. Speed limits will be established as per the traffic cultural heritage. This land base formed control management plan. Refer to the Traffic Control their culture and economy. The area is Management Plan (see EPP). their cultural landscape” (FLFN 2014).

13 FLFN Traditional Territory is based on figures provided by FLFN (FLFN 2014).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional plant harvesting areas Battle River and Hardisty are within the Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the correlate with FLFN grave sites: FLFN TLRU LAA. Although the specific Use (Volume 16 Part A) cultural or spiritual practices and sites for appropriate provincial regulator prior to construction as a members who were ill were treated in location of the grave sites was not Heritage Resources traditional purposes are addressed through condition of clearance. For sites determined to be heritage the same areas where medicinal plants provided, the Hardisty area may be (Volume 16 Part A) temporary or permanent loss of cultural or sites, mitigation may include detailed mapping, photography, were located. intersected by the PDA, including the spiritual practices or sites. additional assessment, archaeological excavation, monitoring Traditional plant harvesting sites Alberta segment pipeline, Hardisty D In the heritage resources assessment, sites during construction or avoidance by means of route correlating with grave sites were tank terminal, Hardisty pump station, a providing evidence of Aboriginal traditional adjustments or temporary fencing during construction. identified in the vicinity of Frog Lake, mainline valve, and associated access land use practices, such as plant harvesting There are general mitigation measures as outlined below that Sounding Lake, Hardisty and the Battle roads. locations that have been identified as mitigate potential effects on heritage resources that pertain to River Valley. Sounding Lake is within the TLRU heritage resources by the appropriate construction and maintenance activities in Alberta (see Five traditional plants and grave areas RAA. provincial regulator are addressed through “Project Description for Alberta Segment”). were mapped by FLFN. Frog Lake is outside the TLRU RAA. effects on loss or alteration to heritage TLRU resource sites and context. Identification by One traditional plants and grave area the province for each heritage resource site In addition to the TLRU mitigation measures listed above this is intersected by the PDA, including will consider the age of the site, its historical table, to mitigate potential effects from the Project of temporary the Alberta segment pipeline, Hardisty context, and whether it has recognizable or permanent loss of cultural and spiritual, sites or areas, the D tank terminal, Hardisty pump station, physical remains. following mitigation could be implemented by Energy East, a mainline valve, and associated subject to engagement (see Temporary Facilities EPP, Pump access roads. The heritage resources assessment is Station EPP, and New Pipeline EPP): focused on the PDA; for sites outside the One traditional plants and grave area PDA there are no predicted effects. As • All construction traffic will adhere to safety and road closure mapped by FLFN is within the TLRU ongoing consultation results in the regulations. Speed limits will be established as per the traffic RAA. identification of new heritage resource sites control management plan. Refer to the Traffic Control within the PDA, their assessment will be Management Plan (see EPP). undertaken.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Frog Lake First Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures Three traditional plants and grave As described in the heritage resources • Clearly delineate areas that have access restrictions. areas mapped by FLFN are outside assessment in the Consolidated ESA, all Restrict access to essential construction personnel only. the TLRU RAA. heritage resource sites will be evaluated by Direct all other personnel to the RoW via alternate access the appropriate provincial regulator and routes. mitigation requirements (including avoidance) • Reclaim disturbed areas following completion of commensurate with the heritage value of the construction; restore access to and use of affected areas not site will be issued. With implementation of required for permanent facilities. site-specific mitigation (including avoidance, if appropriate), no significant effect to heritage Construction resources is anticipated. During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, and New Pipeline EPP): • 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). • In the event that a sacred site is discovered during construction of the pipeline, suspend work immediately in the vicinity of any newly discovered sacred site(s). Work at that location may not resume until the measures are undertaken as outlined in the TLU Sites Discovery Contingency Plan (see EPP). • Mitigation measures for sacred areas may include detailed recording, mapping and avoidance; however, additional mitigation measures, if warranted, will be refined and optimized in the field and through community discussions. • Prohibit the collection of Heritage Resources by Project personnel. • 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 during maintenance activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Frog Lake First Nation

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Two spring water gathering areas were Two spring water gathering areas Traditional Land and Resource In the TLRU assessment, Project effects on The identified TLRU areas occur outside the TLRU LAA as mapped by FLFN. mapped by FLFN are outside the Use (Volume 16 Part A) cultural or spiritual practices and sites for well as the surface water resources and groundwater TLRU RAA. Surface Water Resources traditional purposes are addressed through resources LAAs; therefore, no Project interactions are (Volume 15 Part A) consideration of temporary or permanent loss anticipated. As such, mitigation measures are not applicable. of cultural or spiritual practices or sites. Groundwater Resources (Volume 15 Part A) In the surface water resources assessment, the Project effects on water resources during construction and operation are addressed through consideration of effects of change in surface water quality and change in surface water quantity. See also the groundwater resources assessment, where ground water sources are addressed through consideration of change in groundwater quantity and change in groundwater quality. The Project will not affect waterbodies located outside of the LAA for the surface water resources assessment and groundwater resources outside the LAA for the groundwater resources assessment. 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 groundwater resources assessment, potential adverse effects of changes in groundwater quantity and groundwater quality are predicted to be not significant.

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Energy East Project Frog Lake First Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Other Environmental

Creeks and springs located south and Traditional Land and Resource In the TLRU assessment, Project effects on Energy East acknowledges this historical activity by FLFN and west of FLFN that were historically used Use (Volume 16 Part A) fishing for traditional purposes are addressed the importance of the historical fishing locales as it relates to as annual fishing locales have dried up. Surface Water Resources through consideration of temporary or contemporary use. Refer to the general mitigation measures (Volume 15 Part A) permanent loss of fishing areas or for TLRU that mitigate potential effects from the Project on opportunities. similar current practices and activities. Fish and Fish Habitat (Volume 15 Part A) In the surface water resources assessment, the Project effects on water resources, including creeks and springs, during construction and operation are addressed through consideration of the change in surface water quality and change in surface water quantity. See also the fish and fish habitat assessment, where fish species that can be fished for subsistence are considered under CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourses and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs 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 the introduction of deleterious substances. 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, Project effects are predicted to be not significant.

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Table 4 TLRU Information and Mitigation – Frog Lake First Nation

Employment and Livelihood

FLFN reported that small commercial FLFN Traditional Territory14 is Fish and Fish Habitat In the fish and fish habitat assessment, fish Energy East acknowledges this historical activity by FLFN and fisheries historically used lakes around intersected by the PDA, including the (Volume 15 Part A) species that can be fished for subsistence are the importance of the lakes around FLFN Traditional Territory FLFN Traditional Territory. Alberta segment pipeline, Hardisty D considered under CRA fisheries. that were used in small commercial fisheries as it relates to tank terminal, Lakesend and Hardisty Habitat potential for fish species that contemporary use. Refer to the general mitigation measures pump stations, mainline valves, and contribute to a CRA fishery in watercourses for TLRU that mitigate potential effects from the Project on associated access roads. and waterbodies crossed by the Project is similar current practices and activities. determined through existing information and field surveys. RAPs 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. As determined in the fish and fish habitat assessment in the Consolidated ESA, the Project effects on fish and fish habitat are predicted to be not significant.

Traditional Ecological Knowledge

FLFN identified that wildlife, duck and Battle River watershed is intersected Wildlife and Wildlife Habitat In the wildlife and wildlife assessment, habitat The TEK provided contributes to the understanding of potential fish species are found in the vicinity of by the PDA, including the Alberta (Volume 15 Part A) types (e.g., native prairie) for selected wildlife effects of the Project on wildlife and wildlife habitat, and fish Hardisty and the Battle River watershed. segment pipeline, Hardisty D tank Fish and Fish Habitat species are used to assess change in habitat and fish habitat, and further informs the mitigation provided in terminal, Lakesend and Hardisty pump (Volume 15 Part A) availability and change in habitat connectivity. the EPP for these VCs. Refer to the Pump Station EPP, Tank stations, mainline valves, and Habitat suitability for selected wildlife species Terminal EPP, New Pipeline EPP and Temporary Facilities associated access roads. is determined using habitat associations (i.e., EPP for a list of general mitigation measures that mitigate Hardisty is within the TLRU LAA. The based on species preference of the habitat potential effects pertaining to construction and maintenance Hardisty area may be intersected by types). The change in mortality risk is activities in Alberta (see “Project Description for Alberta the PDA, including the Alberta considered for selected wildlife species. Segment”) on these VCs. segment pipeline, Hardisty D tank See also the fish and fish habitat terminal, Hardisty pump station, a assessment, where fish species that can be mainline valve, and associated access fished for subsistence are considered under roads. CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourses and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs 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 fish habitat, change in fish movement, migration and fish passage, change in fish mortality and introduction of deleterious substances.

14 FLFN Traditional Territory is based on figures provided by FLFN (FLFN 2014).

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Table 4 TLRU Information and Mitigation – Frog Lake First Nation

FLFN has observed the “changing Surface Water Resources In the surface water resources assessment, The TEK provided contributes to the understanding of potential texture and color of fish meat, and (Volume 15 Part A) the Project effects on water resources during effects of the Project on surface water resources and fish and stories of deformed fish being caught in Fish and Fish Habitat construction and operation are addressed fish habitat, and further informs the mitigation provided in the the region”, which are attributed to (Volume 15 Part A) through consideration of the change in EPP for these VCs. Refer to the Pump Station EPP, Tank reduced water quality and poor fish surface water quality and change in surface Terminal EPP, New Pipeline EPP and Temporary Facilities health (FLFN 2014). water quantity. EPP for a list of general mitigation measures that mitigate See also the fish and fish habitat potential effects pertaining to construction and maintenance assessment, where fish species that can be activities in Alberta (see “Project Description for Alberta fished for subsistence are considered under Segment”) on these VCs. CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourses and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs 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. 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, Project effects are predicted to be not significant.

Cumulative Effects

FLFN noted that increased industrial There was not enough TLRU data to Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table and agricultural activity in the Moose provide an accurate location of Moose Use (Volume 16 Part A) hunting, fishing, trapping, plant harvesting, to mitigate potential effects from the Project on TLRU. Refer to Hills area has displaced FLFN from their Hills. FLFN has indicated that the Vegetation and Wetlands travel, habitation, and cultural or spiritual the Project-specific EPPs for a list of general mitigation primary harvesting areas. Pengrowth Lindbergh SAGD project is (Volume 15 Part A) practices and sites for traditional purposes measures that mitigate potential effects pertaining to Project Increased use of the Murphy Road and in the Moose Hills area. The Lindbergh are addressed through consideration of construction and maintenance activities in Alberta (see SAGD project is southwest of the Wildlife and Wildlife Habitat temporary or permanent loss of hunting areas “Project Description for Alberta Segment”). industrial development in the Moose (Volume 15 Part A) Hills area have resulted in a reduction in FLFN reserve and outside the TLRU or opportunities, temporary or permanent loss the regional wetlands and the furbearing RAA. of fishing areas or opportunities, temporary or population reliant on wetland habitat. Murphy Road is outside the TLRU permanent loss of trapping areas or RAA. opportunities, temporary or permanent loss of plant harvesting areas or opportunities, temporary or permanent loss of trails or travelways, or their use (including navigation),

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Table 4 TLRU Information and Mitigation – Frog Lake First Nation

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Table 4 TLRU Information and Mitigation – Frog Lake First Nation

FLFN expressed concern that industrial FLFN Traditional Territory15 is Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table and agriculture development will affect intersected by the PDA, including the Use (Volume 16 Part A) hunting, fishing, trapping, plant harvesting, to mitigate potential effects from the Project on TLRU. Refer to the environment for harvested species, Alberta segment pipeline, Hardisty D Surface Water Resources travel, habitation, and cultural or spiritual the Project-specific EPPs for a list of general mitigation including: moose, white tailed deer, tank terminal, Lakesend and Hardisty (Volume 15 practices and sites for traditional purposes measures that mitigate potential effects pertaining to Project mule deer, lynx, fox, wolf, beaver, pump stations, mainline valves, and are addressed through consideration of construction and maintenance activities in Alberta (see grouse, muskrat, rabbits, squirrel, associated access roads. Fish and Fish Habitat temporary or permanent loss of hunting areas “Project Description for Alberta Segment”). (Volume 15 Part A) weasel, mink, ducks, fish and plants. Whitney Lakes is outside the TLRU or opportunities, temporary or permanent loss Encroachment of industry, farming and RAA. Vegetation and Wetlands, of fishing areas or opportunities, temporary or ranching within Frog Lake First Nation (Volume 15 Part A) permanent loss of trapping areas or opportunities, temporary or permanent loss of Traditional Territory has affected the Wildlife and Wildlife Habitat plant harvesting areas or opportunities, surrounding natural environment, which (Volume 15 Part A) in turn affects the wildlife and fish on temporary or permanent loss of trails or Human Occupancy and which Cree people depend for travelways, or their use (including navigation), Resource Use (Volume 16 economic, cultural, ceremonial and temporary or permanent loss of habitation Part A) other purposes, which in turn directly sites or their use and temporary or permanent and adversely affects the people in Heritage Resources loss of cultural or spiritual practices or sites. many other ways. (Volume 16 Part A) In the Consolidated ESA, Project effects on “The ongoing development within the the biophysical and socio-economic Territory will directly and adversely environment were assessed under the affect” FLFN members TLRU activities. following valued components: fish and fish (FLFN 2014) habitat; vegetation and wetlands; wildlife and wildlife habitat; human occupancy and “The Knowledge holders all report that resource use; and heritage resources. over the past 50 years, there has been increasing and overwhelming pressure Cumulative effects were assessed as part of in the land, wildlife, fisheries, plants, the ESA based on whether or not other water sources, in fact on all living things current or planned projects have the potential caused by the conversion of lands to to interact with the effects of the Project on industrial, agricultural, and urban uses” individual VCs. Given the available (FLFN 2014). information for the Project and the residual effects assessment, the Project’s residual The province of Alberta created a adverse effects on certain VCs will interact provincial park in the Whitney Lakes with residual adverse effects of past, existing, area, displacing FLFN people from a or certain and reasonably foreseeable viable area where they trapped, hunted, physical activities. fished and gathered for thousands of years. For those VCs where an interaction is predicted, with the implementation of FLFN also stated that many historic appropriate routing, design, and mitigation, it trails have been affected by industrial is unlikely that the Project’s contributions to and agricultural activities. cumulative residual effects will further affect the VC.

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Detail: Frog Lake First Nation. Retrieved March 2016 from: http://fnp-ppn.aandc-aadnc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=465&lang=eng.

Confederacy of Treaty Six Nations, The (CTSN). 2016. The Confederacy of Treaty Six Nation. Community website. Retrieved on February 2016 from: http://www.treatysix.org/member_nations.html.

Frog Lake First Nation (FLFN). 2014. A Land Use and Occupancy Study (LUOS) for the Proposed TransCanada Energy East Pipeline Project – Final Report. Prepared by David Hedmann & Associates.

15 FLFN Traditional Territory is based on figures provided by FLFN (FLFN 2014).

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