Flying Post First Nation

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Flying Post First Nation

FLYING POST FIRST NATION

Flying Post First Nation (FPFN) (Band No. 227) is affiliated with Wabun Tribal Council as well as with Nishnawbbe Aski Nation and is a signatory of Treaty 9 (FPFN 2016). Flying Post First Nation is governed under a custom electoral system, with a Chief and four Councillors elected to a three-year term (AANDC 2016).

Flying Post First Nation has one reserve, Flying Post 73 (5,957 ha), located 40 km southwest of Smooth Rock Falls, Ontario (AANDC 2016). As of March 2016, Flying Post First Nation had a registered population of 220 members, with 1 member on reserve, and 219 members living off reserve (AANDC 2016). Most Flying Post First Nation members live near Nipigon (FPFN 2016).

LOCATION RELATIVE TO THE PROJECT

Flying Post 73 Reserve is located 77 km from the Project development area (PDA) and 76.7 km from the existing right-of-way (RoW).

Flying Post First Nation stated the RoW “crosses important rivers, lakes, wildlife habitats and other land resources in Flying Post Traditional Territory” (FPFN 2015a). Flying Post First Nation also stated the RoW crosses watercourses such as the Nipigon River and Black Sturgeon River, which are used and valued by the Nation (FPFN 2015a).

TLRU INFORMATION SOURCES

Five members of Flying Post First Nation presented oral traditional evidence (OTE) to the National Energy Board (NEB) regarding the Project. The hearing was held in Timmins, Ontario on November 19, 2015. The transcript from this hearing, which is available on the NEB Project directory (FPFN 2015b), is a source of traditional land and resource use (TLRU) information for Flying Post First Nation considered in this report. The transcript from this OTE hearing was reviewed and information was incorporated into Table 2, columns “Traditional Land and Resource Use Information” and “Flying Post First Nation Mitigation Recommendations”.

Additionally, Flying Post First Nation participated in an independent Traditional Land and Resource Use study with the Wabun Tribal Council (WTC 2015). From this study, Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipeline Limited’s Proposed Energy East Project was provided by Wabun Tribal Council for use in the regulatory process for the Project in November 2015. Flying Post First Nation TLRU information from this source is reported within the Wabun Tribal Council section of this Volume 25.

KEY TOPICS IDENTIFIED BY FLYING POST FIRST NATION IN RELATION TO THE PROJECT

The following key topics were identified from TLRU information provided by Flying Post First Nation in relation to the Project (FPFN 2015b):

• Potential effects from the Project to areas where community members regularly hunt, fish and gather. • Potential effects from the Project to wildlife migration patterns, including disruption to the moose corridor near Nipigon pump station. • A campground used by Flying Post First Nation is located 10 km downstream of the Jellicoe Pump Station, 1 km from the existing RoW. • Concern regarding potential contamination to the environment from Project activities. • A pipeline oil spill would affect the Nipigon River watershed, which is important to Flying Post First Nation for drinking water, fish, and wildlife. • Concern regarding locating a break in the pipeline in the event of an underground oil leak and potential for pipeline breaks caused from extreme cold weather. • Concern regarding potential oil spills and chemical contamination during the maintenance of shut off valves at water crossings and questions related to containing and disposal of oil in the event of a leak or spillage during routine maintenance. • Questions regarding how converting the existing pipeline from carrying natural gas to oil will affect the pipeline. • Concern for future generations’ ability to continue to harvest food from the land and experience unspoiled nature.

Flying Post First Nation has identified 6 sites within the PDA, 5 sites within the TLRU local assessment area (LAA) and 15 sites within the TLRU regional assessment area (RAA) and. As described in Volume 16, Part C1, Section 5.3.2, for the purposes of the TLRU assessment: (1) the PDA is defined as the area of physical disturbance associated with the construction or operation of the Project; (2) the LAA is defined as the area that extends 1 km beyond the PDA; and (3) the RAA is defined as the area that extends 15 km beyond the PDA. Energy East has developed standard mitigation measures, as listed in Table 2, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Flying Post First Nation to discuss these mitigation measures and determine if additional mitigation measures are required.

Flying Post First Nation has raised questions regarding Project construction, maintenance and safety (see Consolidated Application Volume 10, Appendix 72A [Flying Post First Nation]).

Flying Post First Nation explained that they had considerable anxiety about the Project. “We’re scared of the pipeline going through our territory because of the unknowns” (FPFN 2015b). Flying Post First Nation raised questions about oil containment and disposal, especially in the case of a line rupture between Nipigon and Eagle Head Station where there are 60 miles of pipe (FPFN 2015b).

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Energy East Project Flying Post First Nation Volume 25, Binder 2: Mitigation Tables – Boreal Region

Flying Post First Nation members continue to live off the land and their daily diet consists of moose and fish, as well as other wild foods. “We live this life every day. That’s what we do. We hunt. We fish after work, go up to Nipigon River salmon fishing, whatever’s in season, speckled trout, lake trout” (FPFN 2015b). Flying Post First Nation noted the importance of the Nipigon River. “I fish weekly for brook trout, lake trout, walleye, pike. I hunt moose along the Nipigon River up to Lake Nipigon” (FPFN 2015b). “For anyone that fishes, once again, it has everything. It has good salmon fishing in season. Brook trout fishing, it’s world-class and it’s coming back really well. There's rainbow trout, lake trout. The walleye are coming back. There’s big pike in there. There’s big whitefish in there. Anything you can think of is in there, so as – sturgeon, there’s – so you know, that is a very big concern” (FPFN 2015b).

Traditional use areas for Flying Post First Nation are located along the RoW: “In my life, I’ve shot 32 moose, and most of the moose I’ve shot are within the boundaries of the pipeline and the affected areas if there is a problem” (FPFN 2015b). Flying Post First Nation expressed concern about a pipeline spill displacing them from their current hunting and fishing areas, given that in southern Ontario fish and wildlife are too contaminated to be consumed.

FLYING POST FIRST NATION TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION FOR1 NORTHERN ONTARIO SEGMENT: This segment includes 28 pump stations, permanent access roads, installation of watercourse crossing replacements at the Madawaska and Rideau rivers and mainline valves, realignments around existing TransCanada facilities, and conversion of approximately 1,922 km of existing natural gas pipeline to oil pipeline. The existing pipeline at this segment will remain undisturbed except where there are conversion activities and where new facilities are required. Environmental protection measures for construction are included in the Conversion Segments Environmental Protection Plan (EPP), Temporary Facilities EPP and Pump Station EPP (see Volume 21). This segment also includes seven preliminary camp locations. The existing RoW was not included in the PDA that was assessed as part of the ESA.

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

PROJECT CONTEXT: This segment is in northern Ontario. Flying Post First Nation has identified the following locations that are farther than 50 km from the PDA: City of Thunder Bay is 51 km from the PDA and the Town of Gogama is 125 km from the PDA.

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

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

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

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Flying Post First Nation

The approach to identifying additional relevant mitigation measures from the EPP and ESA in Table 2 below is based on the following assumptions:

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

TLRU ASSESSMENT:

The effects considered are as follows:

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

Other categories (e.g., accidents and malfunctions, cumulative effects) that may affect TLRU are also included, based on information provided by Flying Post First Nation.

Table 2 TLRU Information and Mitigation – Flying Post First Nation

FPFN stated that Nation members live off Nipigon River is intersected by the Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to the land and that FPFN members hunt, existing RoW; it is also within the TLRU Use (Volume 16 Part C1) hunting, fishing, trapping, plant harvesting, mitigate potential effects from the Project on TLRU. Refer to the 3 trap, fish, gather plants and camp on the LAA . Fish and Fish Habitat habitation, and cultural or spiritual practices Temporary Facilities EPP, Pump Station EPP, and Conversion land. (Volume 15 Part C1) or sites for traditional purposes are Segments EPP for a list of general mitigation measures that FPFN spoke about the beauty of the addressed through consideration of mitigate potential effects pertaining to construction and Vegetation and Wetlands temporary or permanent loss of hunting areas maintenance activities in Northern Ontario (see “Project Nipigon landscape and the importance (Volume 15 Part C1) and value of a pristine environment. or opportunities, temporary or permanent loss Description for Northern Ontario Segment”) on fish and fish Wildlife and Wildlife Habitat of fishing areas or opportunities, temporary or habitat, access to waterbodies used for fishing, traditional use Nipigon River was identified by FPFN (Volume 15 Part C1) permanent loss of trapping areas or plants, wildlife and wildlife habitat, lands used for hunting and members as being in FPFN’s ‘back yard’ opportunities, temporary or permanent loss of trapping. Human Occupancy and (FPFN 2015b). plant harvesting areas or opportunities, Resource Use (Volume 16 temporary or permanent loss of habitation Part C1) sites or their use and temporary or permanent loss of cultural or spiritual practices or sites.

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

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

In the Consolidated ESA, Project effects on 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 recommended mitigation measures during construction and operation Project effects on fish and fish habitat, and changes in vegetation and wetlands, wildlife and wildlife habitat and lands used for fishing, hunting and trapping, are predicted to be not significant over the life of the Project.

Temporary or Permanent Loss of Hunting Areas or Opportunities

FPFN identified hunting, living off the Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that land and eating wild game as an Use (Volume 16 Part C1) hunting for traditional purposes are mitigate potential effects on wildlife and wildlife habitat and land important part of daily life. “So it’s a Wildlife and Wildlife Habitat addressed through consideration of used for hunting that pertain to construction and maintenance daily - my mother cooks for me still; I’m (Volume 15 Part C1) temporary or permanent loss of hunting areas activities in Northern Ontario (see “Project Description for 56. And daily she cooks moose meat, or opportunities. Northern Ontario Segment”). Human Occupancy and fish, partridge, rabbits; whatever in In the wildlife and wildlife habitat assessment, TLRU season. And that’s how we live… So Resource Use (Volume 16 Part C1) moose is listed as a species of management In addition to the TLRU mitigation measures listed above this what we do is we live off the land, and it’s concern (SOMC). a daily thing”. (FPFN 2015b) table, to mitigate potential effects from the Project on temporary or For selected wildlife species, habitat types permanent loss of hunting areas or opportunities, the following FPFN noted the importance of hunting (e.g., forested lands) are used to assess mitigation could be implemented by Energy East, subject to for subsistence, “And he [speaker’s change in habitat availability and change in engagement (see Temporary Facilities EPP, Pump Stations EPP father] always told us, “If you’re going to habitat connectivity. Habitat suitability for and Conversion Segments EPP): kill it, you’re going to eat it.” So if you selected wildlife species is determined using • The EPPs include seasonal timing constraints for wildlife and weren’t going to eat it you left it alone for habitat associations (i.e., based on species fisheries resources. These timing constraints are to be followed another day” (FPFN 2015b). preference of the habitat types). The change unless otherwise approved by an appropriate regulatory in mortality risk is considered for selected authority. wildlife species. • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade See also the human occupancy and resource spoil, rollback) and strung pipe at obvious drainages and wildlife use assessment, where the Project effects on trails, and to allow for wildlife, livestock and vehicle/machinery lands used for hunting are addressed through passage across the right-of-way. Locations where gaps are consideration of temporary or permanent loss appropriate will be determined in the field by the Environmental of use for fishing, hunting, or trapping. Inspector(s). Gaps should align. As determined in the wildlife and wildlife • All construction traffic will adhere to safety and road closure habitat assessment in the Consolidated ESA, regulations. Speed limits will be established as per the traffic the Project will not threaten the long-term control management plan. Refer to the Traffic Control viability of wildlife within the RAA. Similarly, Management Plan (see EPP). for human occupancy and resource use, the Project will not change or disrupt current • Clearly delineate areas that have access restrictions. Restrict resource use (e.g., hunting) in the RAA. access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. • Project personnel are not permitted to hunt on the work site.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Flying Post First Nation

Table 2 TLRU Information and Mitigation – Flying Post First Nation

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

Subsistence hunting occurs on a reserve Sand Point First Nation Reserve and Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that north of the Nipigon pump station4. Rocky Bay Indian Reserve #1 are within Use (Volume 16 Part C1) hunting are for traditional purposes mitigate potential effects on wildlife and wildlife habitat and land Hunting also occurs between Nipigon the TLRU LAA. The area used for Wildlife and Wildlife Habitat addressed through consideration of used for hunting that pertain to construction and maintenance pump station and Parks Lake. hunting near the Nipigon pump station (Volume 15 Part C1) temporary or permanent loss of hunting areas activities in Northern Ontario (see “Project Description for may be intersected by the PDA, including or opportunities. Northern Ontario Segment”). FPFN noted that moose are hunted in mainline valves and associated access Human Occupancy and 5 In the wildlife and wildlife habitat assessment, the area between Eagle Head station to Resource Use (Volume 16 TLRU road. moose is listed as a SOMC. just past Macdiarmid. One FPFN Part C1) In addition to the general TLRU mitigation measures listed above Parks Lake is located outside the TLRU participant related that: “In my life, I’ve For selected wildlife species, habitat types this table, to mitigate potential effects from the Project on RAA. The hunting area between Nipigon shot 32 moose, and most of the moose (e.g., forested lands) are used to assess temporary or permanent loss of hunting areas or opportunities,, pump station and Parks Lake may be I’ve shot are within the boundaries of the change in habitat availability and change in the following mitigation could be implemented by Energy East, intersected by the PDA, including the pipeline” (FPFN 2015b). habitat connectivity. Habitat suitability for subject to engagement (see Temporary Facilities EPP, Pump Nipigon pump station, mainline valve, selected wildlife species is determined using Stations EPP and Conversion Segments EPP): FPFN described the site of a recent and associated access road. habitat associations (i.e., based on species moose hunt near the existing RoW – • The EPPs include seasonal timing constraints for wildlife and 7 preference of the habitat types). The change approximately one kilometre away from MacDiarmid is located within the TLRU fisheries resources. These timing constraints are to be followed 8 in mortality risk is considered for selected the point where the pipeline crosses the RAA . The area used for hunting near unless otherwise approved by an appropriate regulatory wildlife species. highway and near the Nipigon River Eagle Head pump station may be authority. intersected by the PDA, including the See also the human occupancy and resource crossing. • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade Eagle Head and Dog River pump use assessment, where the Project effects on FPFN hunt moose from Nipigon to spoil, rollback) and strung pipe at obvious drainages and wildlife stations, mainline valves, associated lands used for hunting are addressed through Thunder Bay, from Nipigon River to Lake trails, and to allow for wildlife, livestock and vehicle/machinery access roads, and pipeline realignment. consideration of temporary or permanent loss Nipigon, between Nipigon and South passage across the right-of-way. Locations where gaps are 6 of use for fishing, hunting, or trapping. Bay , at McIntyre Bay and near Oskawe Nipigon is located within the TLRU RAA. appropriate will be determined in the field by the Environmental Lake. Thunder Bay is located outside of the In cases where hunting activities are Inspector(s). Gaps should align. TLRU RAA. overlapped by both the PDA and the LAA, the • All construction traffic will adhere to safety and road closure FPFN also reported having hunted duck Nipigon River is located within the TLRU Project will have an effect on land used for 9 regulations. Speed limits will be established as per the traffic and moose at Shelabear Lake in the fall. LAA. Lake Nipigon is located within the hunting as well as wildlife habitat within the control management plan. Refer to the Traffic Control TLRU RAA. The area used for hunting PDA and may have an effect on these areas Management Plan (see EPP). described as being between these within the LAA during construction. During the locations may be intersected by the PDA, life of the Project, the PDA of the facilities and • Clearly delineate areas that have access restrictions. Restrict including mainline valves and an access access roads will not be available for hunting access to essential construction personnel only. Direct all other road; the hunting area may also be or for wildlife habitat. However, the areas personnel to the RoW via alternate access routes. used for hunting or as wildlife habitat outside intersected by the existing RoW. • Reclaim disturbed areas following completion of construction; the PDA but within the LAA of the facilities Nipigon is located within the TLRU RAA. restore access to and use of affected areas not required for and access roads may be affected. Habitat South Bay is located outside the TLRU permanent facilities. adjacent to the facilities may be affected RAA. The area used for hunting during operations due to sensory disturbance. • Project personnel are not permitted to hunt on the work site. described as being between these The Project will not affect lands used for locations may be intersected by the PDA, Construction hunting and wildlife species in areas that are including mainline valves and an access located outside of the LAA for the wildlife and Prior to construction, mitigation measures include: road; the hunting area may also be wildlife habitat, and human occupancy and • intersected by the existing RoW. Undertake seasonally appropriate surveys to identify key habitat resource uses assessments. and habitat features (e.g., wetlands, burrows, nests) of SOMC McIntyre Bay is located outside the before undertaking construction. TLRU RAA.

4 The two Flying Post First Nation Reserves north of Nipigon pump station are Sand Point First Nation Reserve and Rocky Bay Indian Reserve #1; distance to the PDA was measured from each reserve. 5 Eagle Head station is assumed to be Eagle Head pump station. 6 South Bay on Lake Nipigon was used to provide distance to the PDA as representative of one end of the TLRU area. 7 The town of MacDiarmid was used to provide distance to the PDA as representative of one end of the TLRU area. 8 For this table, sites and area identified as being with in the TLRU RAA are assumed to be outside the TLRU LAA. 9 Shelabear Lake is assumed to be Shillabeer Lake and that is the location used to measure distance to PDA.

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

Temporary or Permanent Loss of Fishing Areas or Opportunities

FPFN members fish in many streams Sand Point First Nation Reserve and Traditional Land and Resource In the TLRU assessment, Project effects on FPFN recommend that the Energy East acknowledges this request for the pipeline to go over and lakes and fishing occurs year-round. Rocky Bay Indian Reserve #1 are within Use (Volume 16 Part C1) fishing for traditional purposes are addressed pipeline go over Nipigon Nipigon River instead of under; Energy East will discuss the The following fishing sites were identified the TLRU LAA. Parks Lake is located Fish and Fish Habitat through consideration of temporary or River instead of under. recommendations here, as well as any additional measures, with by FPFN: outside of the TLRU RAA. The area used (Volume 15 Part C1) permanent loss of fishing areas or FPFN. for fishing near the Nipigon pump station opportunities. There are general mitigation measures as outlined below that • a reserve north of the Nipigon pump may be intersected by the PDA, including Human Occupancy and 10 In the fish and fish habitat assessment, fish mitigate potential effects on fish and fish habitat, and access to station the Nipigon pump station, mainline Resource Use (Volume 16 Part C1) species that can be fished for subsistence are waterbodies used for fishing that pertain to construction and • between Nipigon pump station and valves, and associated access roads. considered under commercial, recreational, maintenance activities in Northern Ontario (see “Project Parks Lake and Aboriginal (CRA) fisheries. Lake Description for Northern Ontario Segment”). • Nipigon River Sturgeon is listed as a SOMC and is also included under CRA fisheries. • Keemle Lake

10 The two Flying Post First Nation Reserves north of Nipigon pump station are Sand Point First Nation Reserve and Rocky Bay Indian Reserve #1; distance to PDA was calculated from each reserve.

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

Flying Post First Nation Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Black Sturgeon River Parks Lake is located outside the TLRU Habitat potential for fish species that TLRU RAA. The fishing area between Nipigon contribute to a CRA fishery in watercourses • Lake Nipigon In addition to the TLRU mitigation measures listed above this pump station and Parks Lake may be and waterbodies crossed by the Project is table, to mitigate potential effects from the Project of temporary or • Turkey Lake intersected by the Nipigon pump station, determined through existing information and permanent loss of fishing areas or opportunities, the following • Coral Lake mainline valve, and associated access field surveys. Restricted activity periods mitigation could be implemented by Energy East, subject to road. (RAPs) are applicable for all species 11 engagement (see Temporary Facilities EPP, Pump Station EPP, • Fraser Lake , Nipigon River, Black Sturgeon River and considered for CRA fisheries and are and Conversion Segments EPP): • Jessie Lake Keemle Lake are intersected by existing considered in recommended mitigation • Prohibit the use of herbicides within 30 m of an open body of RoW and within the TLRU LAA. measures. • Split Rock Rapids water, unless the herbicide application is conducted by ground The potential effects from the Project on fish 12 Lake Nipigon, Turkey Lake, Coral Lake, application equipment, or otherwise approved by the relevant • Elem Lake and fish habitat are change in fish habitat, Frazer Lake, Jessie Lake, Split Rock regulatory agency, where applicable. Herbicides are applied by change in fish movement, migration and fish • McIntyre Bay Rapids, Partridge Lake, Wild Goose license applicators and in accordance with applicable provincial passage, change in fish mortality and • Thunder Bay Lake, Vezina Lake and Elm Lake are permits. located within the TLRU RAA. introduction of deleterious substances. • The EPPs include seasonal timing constraints for wildlife and • Black Bay See also the human occupancy and resource McIntyre Bay, Thunder Bay, Black Bay fisheries resources. These timing constraints are to be followed use assessment, where the Project effects on • Reef near Long Point and Long Point are outside of the TLRU unless otherwise approved by an appropriate regulatory access to waterbodies used for fishing are RAA. authority. • Partridge Lake addressed through temporary or permanent • Wild Goose Lake The location of “Catfish Lake” was not loss of use for fishing, hunting, or trapping. • Adhere to regulations, standards and guidelines for watercourse identified. crossings as outlined in the EPP. • Vezina Lake In cases where fishing activities are overlapped by both the PDA and the LAA, the • All construction traffic will adhere to safety and road closure FPFN identified the following species for Project will have an effect on fishing activities regulations. Speed limits will be established as per the traffic fishing: brook trout, walleye, pike, within the PDA, and potentially on fish and control management plan. Refer to the Traffic Control salmon, rainbow trout, speckled trout, fish habitat, during construction. The Project Management Plan (see EPP). lake trout, whitefish, sturgeon, and may have an effect on fishing activities, and • Clearly delineate areas that have access restrictions. Restrict pickerel. potentially fish and fish habitat, within the access to essential construction personnel only. Direct all other FPFN stated that the Nipigon River is LAA during construction. personnel to the RoW via alternate access routes. well-known beyond the community for The Project will not affect fishing activities • Reclaim disturbed areas following completion of construction; brook trout fishing. and fish species in areas that are located restore access to and use of affected areas not required for FPFN explained that bullhead catfish outside of the LAA for the fish and fish permanent facilities. were introduced to a lake south of the habitat, and human occupancy and resource Nipigon pump station. The lake is now uses assessments. • Create new, temporary portages to allow transport of watercraft around active construction areas. locally called “Catfish Lake” and FPFN As determined in the fish and fish habitat fish for bullhead catfish at that lake.FPFN assessment in the Consolidated ESA, the • Project personnel are not permitted to fish on the work site. also has a fishery where fish is harvested Project effects on fish and fish habitat are Construction by community members as well as by predicted to be not significant. Similarly, for people from outside the community. the human occupancy and resource use During construction, mitigation measures include (see Pump assessment, the Project will not change or Station EPP, Temporary Facilities EPP and New Pipeline EPP): FPFN also reported having fished pike at Shillabear Lake is located within the disrupt current resource use (e.g., fishing) in Shelabear Lake in the fall, speckled trout TLRU LAA. • Energy East will obtain all applicable permits and/or 13 the RAA. authorizations prior to the commencement of the crossings. at Sturge Lake and Cara Lake , and Sturge Lake, Caro Lake, and Disraeli walleye, pickerel and lake trout at • Postpone watercourse crossing construction if excessive flows 14 Lake are located within the TLRU RAA. Disraeli 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).

11 Fraser Lake is assumed to be Frazer Lake, therefore distance from the PDA was calculated from Frazer Lake. 12 Elem Lake is assumed to be Elm Lake, therefore distance from the PDA was calculated from Elm Lake. 13 Cara Lake is assumed to be Caro Lake from the description provided by FPFN from the Oral Traditional Evidence Transcript; therefore distance from the PDA was calculated from Caro Lake. 14 Disraeli is assumed to be Disraeli Lake, therefore distance from the PDA was calculated from Disraeli Lake.

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

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Table 2 TLRU Information and Mitigation – Flying Post First Nation

Temporary or Permanent Loss of Trapping Areas or Opportunities

FPFN members snare rabbits near the The area used for trapping near the Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that Eagle Head station and Sturge Lake. Eagle Head pump station may be Use (Volume 16 Part C1) trapping for traditional purposes are mitigate potential effects on wildlife and wildlife habitat and land intersected by the PDA, including the Human Occupancy and addressed through consideration of used for trapping that pertain to construction and maintenance Eagle head pump station and associated Resource Use (Volume 16 temporary or permanent loss of trapping activities in Northern Ontario (see “Project Description for access road. Part C1) areas or opportunities. Northern Ontario Segment”). Sturge Lake is within the TLRU RAA. Wildlife and Wildlife Habitat In the human occupancy and resource use TLRU (Volume 15 Part C1) assessment, Project effects on lands used for In addition to the TLRU mitigation measures listed above this trapping are addressed through consideration table, to mitigate potential effects from the Project of temporary or of temporary or permanent loss of use for permanent loss of trapping areas or opportunities, the following fishing, hunting, or trapping. mitigation could be implemented by Energy East, subject to See also the wildlife and wildlife habitat engagement (see Temporary Facilities EPP, Pump Station EPP, assessment, where the habitat types (e.g., and Conversion Segments EPP): forested lands) for selected wildlife species, • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade are used to assess the change in habitat spoil, rollback) and strung pipe at obvious drainages and wildlife availability and change in habitat connectivity. trails, and to allow for wildlife, livestock and vehicle/machinery Habitat suitability for selected wildlife species passage across the right-of-way. Locations where gaps are is determined using habitat associations (i.e., appropriate will be determined in the field by the Environmental based on species preference of the habitat Inspector(s). Gaps should align. types). As part of the Consolidated ESA, potential effects on furbearer habitat were • All construction traffic will adhere to safety and road closure indirectly assessed through the change in regulations. Speed limits will be established as per the traffic area of habitat types. The change in mortality control management plan. Refer to the Traffic Control risk is considered for selected wildlife Management Plan (see EPP). species. • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities.

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Temporary or Permanent Loss of Plant Harvesting Areas or Opportunities

FPFN stated that mushrooms and Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that blueberries are gathered in the fall. Use (Volume 16 Part C1) plant harvesting for traditional purposes are mitigate potential effects on traditional use plants that pertain to Vegetation and Wetlands addressed through consideration of construction and maintenance activities in Northern Ontario (Volume 15 Part C1) temporary or permanent loss of plant (see “Project Description for Northern Ontario Segment”). harvesting areas or opportunities. TLRU In the vegetation and wetlands assessment, In addition to the TLRU mitigation measures listed above this Project effects on traditional use plants are table, to mitigate potential effects from the Project of temporary or indirectly assessed through consideration of permanent loss of plant harvesting areas or opportunities, the change in native vegetation communities and following mitigation could be implemented by Energy East, subject loss or disturbance of wetlands. The to engagement (see Temporary Facilities EPP, Pump Station presence and abundance of native vegetation EPP, and Conversion Segments EPP): communities and wetlands in the PDA is determined through desktop analysis and • Provide opportunities for harvesting plants or other resources field surveys. before construction, where feasible. If TLRU sites not previously identified are discovered during construction, follow the TLU As determined in the vegetation and wetlands Sites Discovery Contingency Plan (see EPP). assessment in the Consolidated ESA, the Project will not affect the long-term • Prohibit the use of herbicides within 30 m of an open body of sustainability of vegetation communities in water, unless the herbicide application is conducted by ground the RAA or result in long-term wetland loss application equipment, or otherwise approved by the relevant that cannot be mitigated. regulatory agency, where applicable. Herbicides are applied by license applicators and in accordance with applicable provincial permits. • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): • 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 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 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).

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Temporary or Permanent Loss of Habitation Sites or their Use

FPFN identified camps: Parks Lake is outside the TLRU RAA. Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the The areas used for camping between the Use (Volume 16 Part C1) habitation for traditional purposes are • between the Nipigon pump station and appropriate provincial regulator prior to construction as a condition Nipigon pump station and Parks Lake addressed through consideration of of clearance. For sites determined to be heritage sites, mitigation Parks Lake (permanent camp, fall Heritage Resources (Volume 16 may be intersected by the PDA, including temporary or permanent loss of habitation hunting camps and summer fishing Part C1) may include detailed mapping, photography, additional the Nipigon pump station, mainline valve, sites or their use. assessment, archaeological excavation, monitoring during camps). Human Occupancy and and associated access road. In the heritage resources assessment, camps construction or avoidance by means of route adjustments or • 10 km downstream of Jellicoe pump Resource Use (Volume 16 The specific location for the camping that that have been identified as heritage temporary fencing during construction. station (temporary camp). Part C1) site10 km downstream of Jellicoe pump resources by the appropriate provincial There are general mitigation measures as outlined below that • at Sturgeon River (permanent camp; station was not identified. regulator are addressed through effects on mitigate potential effects on heritage resources that pertain to where animals are harvested) 15 loss or alteration to heritage resource sites construction and maintenance activities in Northern Ontario (see Sturgeon River (Namewaminikan) is and context. Identification by the province for “Project Description for Northern Ontario Segment”). • at Oskawe Lake (permanent camp; intersected by the existing RoW and is each heritage resource site will consider the hunting camp) within the TLRU LAA. TLRU age of the site, its historical context, and • at Kinghorn Road (temporary camp; Oskawe Lake is outside the TLRU RAA. whether it has recognizable physical remains. In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or with good walleye and pike fishing) Kinghorn Road is intersected by the See also the human occupancy and resource permanent loss of habitation sites or their use, the following • at Keemle Lake existing RoW and is within the TLRU use assessment, where the Project effects on mitigation could be implemented by Energy East, subject to RAA. access to lands used for fishing, hunting, and engagement (see Temporary Facilities EPP, Pump Station EPP, Keemle Lake is intersected by the trapping are addressed through consideration and Conversion Segments EPP): existing RoW and is within the of temporary or permanent loss of use for • TLRU LAA. fishing, hunting, or trapping. All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic The heritage resources assessment is control management plan. Refer to the Traffic Control focused on the PDA; for sites outside the Management Plan (see EPP). PDA there are no predicted effects. As ongoing consultation results in the • Clearly delineate areas that have access restrictions. Restrict identification of new heritage resource sites access to essential construction personnel only. Direct all other within the PDA, their assessment will be personnel to the RoW via alternate access routes. undertaken. • Reclaim disturbed areas following completion of construction; In cases where traditional use activities are restore access to and use of affected areas not required for overlapped by both the PDA and the LAA, the permanent facilities. Project will have an effect on access to land Construction used for fishing, hunting and trapping within the PDA and may have an effect on these During construction, mitigation measures include (see the areas within the LAA during construction. Temporary Facilities EPP, Pump Stations EPP, and Conversion During the life of the Project, the PDA of the Segments EPP):

15 Sturgeon River is also known by FPFN as Namewankin which is assumed to be Namewaminikan; distance from PDA was calculated from Sturgeon River.

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Traditional Ecological Knowledge

FPFN stated having observed wildlife Nipigon River is intersected by existing Wildlife and Wildlife Habitat In the wildlife and wildlife habitat assessment, The TEK provided contributes to the understanding of potential near the existing RoW: RoW; it is also within the TLRU LAA. (Volume 15 Part C1) habitat types (e.g., forested lands) for effects of the Project on wildlife and wildlife habitat, and further selected wildlife species are used to assess • wolverine 400 m north of the existing Split Rock Rapids is within the TLRU informs the mitigation provided in the EPP for wildlife and wildlife change in habitat availability and change in RoW RAA. habitat. Refer to the Temporary Facilities EPP, Pump Station habitat connectivity. Habitat suitability for EPP, and Conversion Segments EPP for a list of general • a litter of bobcats on the highway, two selected wildlife species is determined using mitigation measures that mitigate potential effects pertaining to km north of the existing RoW habitat associations (i.e., based on species construction and maintenance activities in Northern Ontario (see • bald eagles (anywhere from seven to preference of the habitat types). The change “Project Description for Northern Ontario Segment”) on wildlife 10) are regularly observed throughout in mortality risk is considered for selected and wildlife habitat. the year approximately 400 m from wildlife species. where the pipeline crosses the Nipigon As determined in the wildlife and wildlife River; ospreys are also known to habitat assessment in the Consolidated ESA, inhabit the area the Project will not threaten the long-term FPFN has also observed bird species viability of wildlife within the RAA. such as bald eagles and osprey near Split Rock Rapids.

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FPFN noted that moose avoid crossing Wildlife and Wildlife Habitat In the wildlife and wildlife habitat assessment, The TEK provided contributes to the understanding of potential RoWs; “moose don’t care to cross it. (Volume 15 Part C1) movement patterns are considered under effects of the Project on wildlife and wildlife habitat, and further They would rather cross through a change in habitat connectivity. informs the mitigation provided in the EPP for wildlife and wildlife swamp. They’d cross anywhere else but For selected wildlife species, habitat types habitat. Refer to the Temporary Facilities EPP, Pump Station a wide open area” (FPFN 2015b) (e.g., forested lands) are used to assess EPP, and Conversion Segments EPP for a list of general change in habitat availability and change in mitigation measures that mitigate potential effects pertaining to habitat connectivity. Habitat suitability for construction and maintenance activities in Northern Ontario selected wildlife species is determined using (see “Project Description for Northern Ontario Segment”) on habitat associations (i.e., based on species wildlife and wildlife habitat. preference of the habitat types). The change in mortality risk is considered for selected wildlife species. Within the LAA, construction may result in temporary, localized impediments to wildlife movement as a result of physical barriers (i.e., equipment operation, spoil and topsoil piles, etc.). During the operational phase of the Project, the presence of above-ground facilities can continue to influence the localized movement of some wildlife species. As determined in the wildlife and wildlife habitat assessment in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA.

FPFN explained that near the Nipigon FPFN noted that moose migrate through Wildlife and Wildlife Habitat In the wildlife and wildlife habitat assessment, The TEK provided contributes to the understanding of potential pump station there are cliffs on both the valley near the Nipigon pump station. (Volume 15 Part C1) movement patterns are considered under effects of the Project on wildlife and wildlife habitat, and further sides of a valley that force moose to The area may be intersected by the PDA, change in habitat connectivity. informs the mitigation provided in the EPP for wildlife and wildlife migrate through the valley. including mainline valves, Nipigon pump For selected wildlife species, habitat types habitat. Refer to the Temporary Facilities EPP, Pump Station station, and associated access road. (e.g., forested lands) are used to assess EPP, and Conversion Segments EPP for a list of general change in habitat availability and change in mitigation measures that mitigate potential effects pertaining to habitat connectivity. Habitat suitability for construction and maintenance activities in Northern Ontario selected wildlife species is determined using (see “Project Description for Northern Ontario Segment”) on habitat associations (i.e., based on species wildlife and wildlife habitat. preference of the habitat types). The change in mortality risk is considered for selected wildlife species. As determined in the wildlife and wildlife habitat assessment in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA.

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Other Environmental

FPFN members drink out of streams, Lake Nipigon is within the TLRU RAA. Surface Water Resources In the surface water resources assessment, The identified TLRU area occurs outside the TLRU LAA and the lakes and ponds near Lake Nipigon. (Volume15 Part C1) the potential effects from the Project on surface water resources LAA; therefore, no Project interactions FPFN stated that the water is pure in that surface water resources are change in are anticipated. As such, mitigation measures are not applicable. area because there is no industry in the surface water quality and change in surface area. water quantity. The Project will not affect waterbodies located outside of the LAA for the surface water 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.

Community Health and Wellbeing

FPFN discussed the importance of Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that teaching their children how to live off the Use (Volume 16 Part C1) cultural or spiritual practices and sites for pertain to construction and maintenance activities in Northern land and sharing in cultural activities. traditional purposes are addressed through Ontario (see “Project Description for Northern Ontario Segment”). consideration of temporary or permanent loss TLRU of cultural or spiritual practices or sites. Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. During the life of the Project, Energy East will strive to be respectful of Aboriginal culture. Opportunities to add value include: • involving communities in carrying out land use studies, and • providing company support for local Aboriginal community organizations and initiatives.

Accidents and Malfunctions

FPFN expressed concern about a A potential spill at the Nipigon pump Accidents and Malfunctions The accidents and malfunctions assessment FPFN would like additional Energy East acknowledges this request for additional information potential spill at the Nipigon pump station and surrounding waterways was (Volume 19) in the Consolidated ESA analyzed the information about leak for leak detection and spill response plans; Energy East will station: identified as a concern for FPFN. potential frequency of oil spills of different detection and spill response discuss the recommendations here, as well as any additional “So if there was ever a spill at the volumes and completed a risk assessment of plans. measures, with FPFN. pipeline pumping station [Nipigon pump oil spills on sites of interest which were Emergency Response Planning selected based on environmental sensitivity. station], we will get the residual coming TransCanada’s operations and emergency response philosophy down our waterways… The scary part The sites of interest are representative of similar locations elsewhere along the pipeline focuses on minimizing any impact from an emergency incident by with the oil pipeline is you may have a stopping the flow of the pipeline and thereby minimizing the leak today, but you never know where it’s route and include watercourse crossings, water well supplies, and private well clusters. potential impact from an incident. In parallel, processes are going to show up. And if it happens, started to assess the emergency situation and begin an where do you start digging, where do you Within Ontario, Trout Lake, Rideau River, and immediate and full response. look for it?” (FPFN 2015b) private water well clusters in the Rideau River Energy East will develop an Emergency Response Plan (ERP). FPFN spoke about the potential for the area were included as a site of interest; however, the surrounding waterways near Federal regulations require pipeline operators to have ERPs effects of an accident or malfunction to prepared and in place to respond to emergency incidents that take place over a large area “…you could Nipigon pump station were not specifically addressed in the accidents and malfunctions might occur well in advance of the application for leave to operate. have a leak even close to the Nipigon The goals of Energy East’s ERP are to: Pump Station, but you might have oil assessment. showing up 20 miles down the road in a • establish guidelines and procedures to follow in emergencies

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FPFN expressed concern about the Namewaminikan River (Sturgeon River) Accidents and Malfunctions The accidents and malfunctions assessment Emergency Response Planning following waterbodies in the event of an is intersected by the existing RoW; (Volume 19) in the Consolidated ESA analyzed the TransCanada’s operations and emergency response philosophy oil spill: Sturgeon River is also within the TLRU potential frequency of oil spills of different focuses on minimizing any impact from an emergency incident by LAA. volumes and completed a risk assessment of • Namewankin River (Sturgeon River) stopping the flow of the pipeline and thereby minimizing the Partridge Lake, Turkey Lake, Wild Goose oil spills on sites of interest which were potential impact from an incident. In parallel, processes are • Partridge Lake, Lake, Vezina Lake and Coral Lake are selected based on environmental sensitivity. started to assess the emergency situation and begin an • Turkey Lake, within the TLRU RAA. The sites of interest are representative of immediate and full response. similar locations elsewhere along the pipeline • Wild Goose Lake, route and include watercourse crossings, Energy East will develop an Emergency Response Plan (ERP). Federal regulations require pipeline operators to have ERPs • Vezina Lake, and, water well supplies, and private well clusters. prepared and in place to respond to emergency incidents that • Coral Lake. Within Ontario, Trout Lake, Rideau River, and might occur well in advance of the application for leave to operate. private water well clusters in the Rideau River The goals of Energy East’s ERP are to: area were included as a site of interest; however, the Namewaminikan River • establish guidelines and procedures to follow in emergencies (Sturgeon), Partridge Lake, Turkey Lake, that protect the health and safety of the public and responders Wild Goose Lake, Vezina Lake and Coral • minimize hazards resulting from pipeline emergencies Lake were not specifically addressed in the accidents and malfunctions assessment. • establish procedures for training employees on emergency procedures Based on the analysis presented in the accidents and malfunctions assessment, the • establish guidelines for continuing educational and liaison predicted frequency of incidents and the programs designed to inform community first responders and probability of a large spill occurring is low. the public of the procedures to follow in recognizing, reporting Consequently, the risk of environmental and responding to an emergency condition effects is minimal. Compliance with Energy East will develop communication protocols as part of the regulations, application of TransCanada’s ERP that will include notifying the public in the event of an Capital Planning Management System and emergency. Asset Management System and Emergency In the event of a spill, Energy East will consult with regulatory Response Plan (ERP), and adherence to agencies to determine the appropriate and preferred approach to safety procedures will result in the pipeline clean-up and monitoring. Together with the regulatory agencies, a being operated in an environmentally plan will be created to ensure that short and long term responsible and safe way with a focus on spill environmental effects are minimized. Energy East would be prevention. responsible for cleanup of any contaminated soils. Groundwater would not be released from the site of a spill until all applicable regulations and cleanup standards are met. As part of operation of the Project, the Integrity Management Program (IMP) threat management process completes risk analyses for pipeline segments identified as susceptible to a potential threat. Results of the risk analyses are used to determine and prioritize activities to manage and/or resolve the operating threats. Activities for managing threats identified by the IMP process for pipeline segments are captured annually in the pipeline maintenance plan (PMP). Valves are a key component of pipeline safety; they are designed not only to retain high pressure product, but to resist stresses that may be exerted in an operating pipeline. The following are considered with respect to their inspection and operation: • Valves are inspected and tested (partially or fully cycled) once per year on a scheduled basis by trained technicians. The primary goal of routine, annual valve inspection is to verify and ensure the valve(s) will cycle on demand.

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FPFN stated they would be hesitant to Accidents and Malfunctions The accidents and malfunctions assessment Emergency Response Planning practice TLRU activities should an (Volume 19) in the Consolidated ESA analyzed the TransCanada’s operations and emergency response philosophy accident or malfunction take place. FPFN potential frequency of oil spills of different focuses on minimizing any impact from an emergency incident by related that if there were a spill people volumes and completed a risk assessment of stopping the flow of the pipeline and thereby minimizing the would be worried about contamination, oil spills on sites of interest which were potential impact from an incident. In parallel, processes are which could affect traditional use: “Most selected based on environmental sensitivity. started to assess the emergency situation and begin an people, they’ll just say, ‘No, I don’t want The sites of interest are representative of immediate and full response. to go there no more. I’ll go to a different similar locations elsewhere along the pipeline area’” (FPFN 2015b). route and include watercourse crossings, Energy East will develop an Emergency Response Plan (ERP). water well supplies, and private well clusters. Federal regulations require pipeline operators to have ERPs “And then I think in my head, is there a prepared and in place to respond to emergency incidents that possibility of contaminants in these little Based on the analysis presented in the might occur well in advance of the application for leave to operate. feeder streams? Am I going to be eating accidents and malfunctions assessment, the The goals of Energy East’s ERP are to: the partridge that are drinking out of predicted frequency of incidents and the these feeder streams? There’s going to probability of a large spill occurring is low. • establish guidelines and procedures to follow in emergencies be little thoughts in my head that I hope Consequently, the risk of environmental that protect the health and safety of the public and responders does not deter me from continuing this effects is minimal. Compliance with • minimize hazards resulting from pipeline emergencies lifestyle” (FPFN 2015b). regulations, application of TransCanada’s Capital Planning Management System and • establish procedures for training employees on emergency FPFN explained that wildlife migration procedures patterns would be affected by an Asset Management System and Emergency accident or malfunction and this in turn Response Plan (ERP), and adherence to • establish guidelines for continuing educational and liaison would affect the ability for FPFN to hunt safety procedures will result in the pipeline programs designed to inform community first responders and and harvest food. “…if something ever being operated in an environmentally the public of the procedures to follow in recognizing, reporting happens, you’re going to disrupt the responsible and safe way with a focus on spill and responding to an emergency condition prevention. animals’ migration patterns. They may Energy East will develop communication protocols as part of the not go to where we normally gather our ERP that will include notifying the public in the event of an food” (FPFN 2015b) emergency. In the event of a spill, Energy East will consult with regulatory agencies to determine the appropriate and preferred approach to clean-up and monitoring. Together with the regulatory agencies, a plan will be created to ensure that short and long term environmental effects are minimized. Energy East would be responsible for cleanup of any contaminated soils. Groundwater would not be released from the site of a spill until all applicable regulations and cleanup standards are met.

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Cumulative Effects

FPFN expressed hesitancy to practice Gogama is outside of the TLRU RAA. Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to TLRU activities in the area near the Use (Volume 16 Part C1) hunting, fishing and trapping for traditional mitigate potential effects from the Project on TLRU. Refer to the Canadian National railway derailment purposes are addressed through Project-specific EPPs for a list of general mitigation measures that and oil spill at Gogama and expressed consideration of temporary or permanent loss mitigate potential effects pertaining to Project construction and doubt that the site could be fully cleaned of hunting areas or opportunities, temporary maintenance activities in Northern Ontario (see “Project up (FPFN 2015b). or permanent loss of fishing areas or Description for Northern Ontario Segment”). opportunities and temporary or permanent loss of trapping areas or opportunities. Cumulative effects were assessed as part of the ESA based on whether or not other current or planned projects have the potential to interact with the effects of the Project on individual VCs. Given the available information for the Project and the residual effects assessment, the Project’s residual adverse effects on certain VCs will interact with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities. For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Profiles: Flying Post First Nation. Retrieved March 2016 from: http://pse5-esd5.ainc- inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=227&lang=eng.

Flying Post First Nation (FPFN). 2015a. Application to Participate (NEB Exhibit No. A66725-1; NEB Filing ID A4I2K3). Nipigon, Ontario. Retrieved February 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll?func=ll&objId=2692690&objAction=browse&viewType=1.

2015b. Energy East Pipeline Ltd. Energy East Project and Asset Transfer. Volume 5. Oral Traditional Evidence (NEB Exhibit No. A74112-1; NEB Filing ID A4V6L5). Retrieved November 2015 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll/fetch/2000/90464/90552/2432218/2540913/2856151/2857158/A74112-1_15-11-19_-_Volume_5_-_A4V6L5.pdf?nodeid=2857665&vernum=-2.

2016. Wabun Tribal Council: Flying Post First Nation. Retrieved February 2016 from: http://www.wabun.on.ca/first-nation-profiles/flying-post-first-nation.

Wabun Tribal Council (WTC). 2015. Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Pipeline Project. Prepared by Olson, R., Tam, J., Firelight Group Research Cooperative.

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