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OREGON FORESTSNAIL MITIGATION AND HABITAT RESTORATION PLAN FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT NEB CONDITION 44 July 2017 REV 2 687945 01-13283-GG-0000-CHE-RPT-0020 R2 Prepared for: Trans Mountain Pipeline ULC Kinder Morgan Canada Inc. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 5J2 Ph: 403-514-6400 Trans Mountain Pipeline ULC Oregon Forestsnail Mitigation and Habitat Restoration Plan Trans Mountain Expansion Project 687945/July 2017 TABLE OF CONCORDANCE National Energy Board (NEB) Condition 44 is applicable to the following legal instruments: OC-064 (CPCN), AO-003-OC-2 (OC2), XO-T260-007-2016 (Temp), XO-T260-008-2016 (Pump1) and XO-T260-009-2016 (Pump2). Table 1 describes how this Plan addresses the Condition requirements applicable to Project activities. TABLE 1 LEGAL INSTRUMENT CONCORDANCE WITH NEB CONDITION 44: WILDLIFE SPECIES AT RISK MITIGATION AND HABITAT RESTORATION PLANS OC-064 AO-003-OC-2 XO-T260-007-2016 XO-T260-008-2016 XO-T260-009-2016 NEB Condition 44 (CPCN) (OC2) (Temp) (Pump1) (Pump2) Trans Mountain must file with the NEB for approval, at least 4 months prior to commencing construction, Wildlife Species at Risk Mitigation and Habitat Restoration Plans for Section 4.0 of this Plan N/A - this legal instrument does not Section 4.0 of this Plan N/A - this legal instrument does not N/A - this legal instrument does not each species whose draft, candidate, proposed, or final critical habitat is directly or indirectly affected by the Project. Each plan must include: have a Project interaction with the have a Project interaction with the have a Project interaction with the a) a summary of supplementary pre-construction survey results, including surveys for biophysical attributes of critical habitat; final critical habitat for Oregon final critical habitat for Oregon final critical habitat for Oregon forestsnail, as described in forestsnail, as described in forestsnail, as described in Section 3.2 of this Plan. Section 3.2 of this Plan. Section 3.2 of this Plan. b) the location and type of critical habitat, for those wildlife species with early draft and candidate critical habitat, including a description of the biophysical attributes, N/A - critical habitat is final as See above. N/A - critical habitat is final as See above. See above. potentially directly and indirectly affected by the Project; described in Section 1.0 of this described in Section 1.0 of this Plan. Plan. c) the location, types and total spatial area for each type of critical habitat for those wildlife species with proposed or final critical habitat, including a description of the Section 3.2 and Section 4.2 of this See above. Section 3.2 and Section 4.2 of this See above. See above. biophysical attributes, potentially directly and indirectly affected by the Project; Plan Plan d) a detailed description of measures that will be used to avoid the destruction of critical habitat; Section 5.1 of this Plan. See above. Section 5.1 of this Plan. See above. See above. e) a detailed description of mitigation and habitat restoration measures to be implemented to reduce direct and indirect Project effects on critical habitat, including all relevant Sections 5.0 and 6.0 of this Plan. See above. Sections 5.0 and 6.0 of this Plan. See above. See above. measures committed to throughout the OH-001-2014 proceeding, any new mitigation measures resulting from supplementary surveys, detailed criteria using clear and unambiguous language that describes the circumstances under which each measure will be applied, and measurable targets for evaluating mitigation and critical habitat restoration success; f) identification and review of alternative mitigation and habitat restoration measures to avoid or lessen direct and indirect Project effects on critical habitat, and the rationale Section 5.0 of this Plan. See above. Section 5.0 of this Plan. See above. See above. for the selected measure(s); g) detailed description of how selected mitigation and critical habitat restoration measures address the potential for time lags between when the Project impacts occur and Section 5.2 of this Plan. See above. Section 5.2 of this Plan. See above. See above. when mitigation and critical habitat restoration measures are implemented and are fully functional; h) details on post-construction monitoring of mitigation measures and critical habitat restoration measures, including survey methods, corrective measures, detailed criteria Section 7.0 of this Plan. See above. Section 7.0 of this Plan. See above. See above. using clear and unambiguous language that describes the circumstances under which each measure will be applied, and a proposed reporting schedule; i) details on how the mitigation, critical habitat restoration measures, and monitoring measures are consistent with applicable recovery strategies and action plans; Sections 1.4 and 3.3 of this Plan See above. Sections 1.4 and 3.3 of this Plan See above. See above. j) a commitment to include the results of the monitoring in the Post-Construction Environmental Monitoring (PCEM) reports filed under Condition No. 151; Section 7.4 of this Plan. See above. Section 7.4 of this Plan. See above. See above. k) a description of how Trans Mountain has taken available and applicable Aboriginal Traditional Land Use (TLU) and Traditional Ecological Knowledge (TEK) into Sections 1.2, Appendices A and B See above. Sections 1.2, Appendices A and B See above. See above. consideration in developing the plans including demonstration that those Aboriginal persons and groups that provided Aboriginal traditional land use information and of this Plan. of this Plan. traditional ecological knowledge, as reported during the OH-001-2014 proceeding and/or pursuant to Condition 97, had the opportunity to review and comment on the information; l) a summary of its consultations with Appropriate Government Authorities, any species experts, potentially affected Aboriginal groups and affected landowner/tenants. In its Section 2.0 and Appendix A of this See above. Section 2.0 and Appendix A of this See above. See above. summary, Trans Mountain must provide a description and justification for how Trans Mountain has incorporated the results of its consultation, including any Plan. Plan. recommendations from those consulted, into the plan; and m) confirmation that Trans Mountain will update the relevant Environmental Protection Plan(s) (EPP) to include any relevant information from the Wildlife Species at Risk Section 5.0 of this Plan. See above. Section 5.0 of this Plan. See above. See above. Mitigation and Habitat Restoration Plans. 01-13283-GG-0000-CHE-RPT-0020 Page i Trans Mountain Pipeline ULC Oregon Forestsnail Mitigation and Habitat Restoration Plan Trans Mountain Expansion Project 687945/July 2017 EXECUTIVE SUMMARY The Oregon Forestsnail Mitigation and Habitat Restoration Plan (the Plan) was prepared to address the requirements of National Energy Board (NEB) Condition 44 that requests a Wildlife Species at Risk Mitigation and Habitat Restoration Plan for each species whose early draft, candidate, proposed or final critical habitat is directly or indirectly affected by the Trans Mountain Expansion Project (“the Project” or “TMEP”). Oregon forestsnail are listed as Endangered under Schedule 1 of the Species at Risk Act and by the Committee on the Status of Endangered Wildlife in Canada, and Red-listed in British Columbia. Portions of the pipeline route are located within four areas of final critical habitat as identified by Environment and Climate Change Canada (ECCC, formerly Environment Canada [EC]) for Oregon forestsnail for a total of 3.2 km. One area is located west of Hope (referred to in this Plan as the Hunter Creek area), one area is located in the Kent and Agassiz area (referred to as the Popkum area), and two are located in the Abbotsford area (referred to as the Sumas Mountain area and Douglas Taylor Park area). The primary Project interactions with Oregon forestsnail are expected to be change to habitat and mortality risk. Field work was completed in June 2014, August/September 2015 and October 2016 to collect baseline information on the presence/absence of the biophysical attributes of critical habitat for Oregon forestsnail, as well as the distribution of Oregon forestsnail relative to the pipeline route. Ten sites were visited in June 2014, however, based on refined critical habitat mapping provided by ECCC in 2015 only two of these sites are located within critical habitat identified by ECCC. A total of 34 sites within areas identified by ECCC as critical habitat were visited in August/September 2015 and October 2016. Oregon forestsnail were observed within or in the immediate vicinity of the four areas of critical habitat crossed by the pipeline route (Hunter Creek, Popkum, Sumas Mountain and Douglas Taylor Park). All of the biophysical attributes of critical habitat were identified at 22 sites, while others lacked one or two attributes (e.g., coarse woody debris, patches of stinging nettle). Proposed mitigation and restoration measures will be implemented along the length of Oregon forestsnail critical habitat crossed by the Project, with a focus on protecting and restoring biophysical attributes where they occur prior to construction. During field work conducted in 2016 along the pipeline route within the ECCC identified critical habitat, additional baseline information to support Post-Construction Environmental Monitoring (PCEM) was also collected. This Plan demonstrates Trans Mountain Pipeline ULC’s (Trans Mountain) commitment to avoid and mitigate Project effects on Oregon forestsnail and their habitat through application of mitigation and restoration measures. Following a hierarchy of mitigative actions, Trans Mountain has considered measures to avoid Project effects to Oregon forestsnail and their critical habitat where site conditions and construction constraints allow and will apply the appropriate measures to minimize Project effects, followed by implementation of habitat reclamation measures.

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