TRADITIONAL LAND USE STUDY REPORT FOR THE PROPOSED TRANS MOUNTAIN PIPELINE ULC. TRANS MOUNTAIN EXPANSION PROJECT FOR THE COMMUNITY OF: MONTANA FIRST NATION
March 2015 7894
Prepared for: Prepared by:
Montana First Nation CH2M HILL Energy Canada, Ltd. P.O. Box 70 Suite 1100, 815 - 8th Avenue S.W. Calgary, Alberta T2P 3P2 Maskwacis, Alberta T0C 1N0 Ph: 403-265-2885
Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
EXECUTIVE SUMMARY A Traditional Land Use (TLU) study with Montana First Nation was initiated in May 2013. The TLU Study focused on Crown lands traversed by the Trans Mountain Pipeline ULC (Trans Mountain), Trans Mountain Expansion Project (the Project). Field reconnaissance focused on the asserted traditional territory of Montana First Nation potentially disturbed by the construction and clean-up activities, including associated physical works and activities (e.g., pipeline right-of-way, temporary construction workspace and access) of the Project.
The TLU study in 2013 and 2014 consisted of a map review, community interviews and field reconnaissance with Montana First Nation. The map review did not reveal TLU sites within the pipeline corridor requiring mitigation as requested by Montana First Nation. The issues identified by Montana First Nation through their TLU study for the Project are summarized below. Mitigation measure requests associated with these concerns have been incorporated into Project Planning, including the ESA for the Project.
In the event that TLU sites within the proposed pipeline corridor requiring mitigation are identified during ongoing TLU studies for the Project and/or during construction, the accepted and proven mitigation strategies outlined in the TLU Sites Discovery Contingency Plan will be implemented (Appendix B of Volumes 6B and 6C).
SUMMARY OF ISSUES/CONCERNS AND SITE-SPECIFIC MITIGATION
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concern about dust from Project Footprint gravel roads affecting the environment Concern about the Project Footprint Trans Mountain is fully committed to environmental management, protection and stewardship of decline of traditional the land during the construction and operations of all its facilities. activities in the community A comprehensive ESA has been completed for the Project. Over 30 types of environmental surveys Concern that sacred 53 km south of RK 73.5 have been completed by local and regional biologists and resource specialists in support of the sites and gravesites will ESA. Traditional use sites have been identified and assessed as part of this Project. be disturbed by the proposed Project. Pipeline construction is a sequential series of activities, which do not remain in one area for an extended period of time. EPPs and Environmental Alignment Sheets form part of the Application Unmarked cemetery on submitted to the NEB, and provide mitigation strategies to help avoid or minimize environmental east side of Pigeon Lake. effects from construction. Elders are concerned about erosion and The Pipeline and Facilities EPPs and Environmental Alignment Sheets can be found in Volumes collapse of graves. 6B, 6C, and 6E of the Trans Mountain Application, respectively. Concern about the Project Footprint contamination of Trans Mountain will work with Aboriginal communities to develop strategies to most effectively traditional use sites communicate the construction schedule and work areas to its members. Concern about the Project Footprint Trans Mountain will implement the Reclamation Management Plan (Appendix C of Volume 6B of decline of berries and the the Trans Mountain Application that includes construction reclamation measures to be effects of development implemented prior to, during and following pipeline installation in order stabilize and revegetate on traditional plant affected lands that in time achieve land productivity along the right-of-way equivalent to the sources adjacent land use and ensuring the ability of the land to support various land uses to the extent feasible for an operating pipeline.
Trans Mountain will work with Aboriginal communities to develop strategies to most effectively communicate the construction schedule and work areas to community members.
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concern about the See above Trans Mountain will utilize an Integrated Vegetation Management (IVM) approach to carry out decline of berries and the problem vegetation management practices for the Project and to meet the overall objectives of effects of development IVM for all Trans Mountain pipelines and facilities. Trans Mountain will consult with the public, on traditional plant adjacent landowners and Aboriginal communities affected by the Project regarding problem sources (cont’d) vegetation management and methods of treatment. IVM is an adaptive management process involving the use of various methods in a cost-effective and responsible manner to reduce the use of herbicides, promote healthy ecosystems, provide measurable results and facilitate better management of problem vegetation. The Weed and Vegetation Management Plan will address non-chemical, cultural and chemical techniques for problem vegetation management along the construction right-of-way through recommendations of vegetation management procedures, which include: timing considerations; select methods and equipment; and specific vegetation management procedures based on prevention, identification, monitoring, treatment thresholds, vegetation management options and post treatment evaluation considerations.
Further discussion is provided under vegetation in Section 7.2.9 of Volume 5B of the Application. Mitigation measures for vegetation are outlined in the Pipeline EPP (Volume 6B of the Application. Concern about the Project Footprint In the unlikely event of a pipeline or facility release to land, local, provincial and/or federal decline of wildlife and regulatory authorities can implement controls or issue advisories to protect public health under effects of contamination the authority vested in ordinances, acts and/or regulations under which the agencies operate. of the land and water on Examples of such controls include forced evacuation of neighbourhoods, restricted access to wildlife neighbourhoods, road closures and the issuance of food consumption advisories. These measures will act to reduce the potential opportunities for exposure of people to the chemicals released as a result of a spill. In addition, controls that limit the migration of a crude oil spill would be implemented where practical, followed by remediation and reclamation activities to restore impacted lands to equivalent ecological function prior to the release. Finally, sampling and monitoring may be required to confirm residual risks are below acceptable levels.
A discussion on the probability and consequences of a pipeline spill is provided in Section 3.0 of Volume 7 in the Application. The environmental effects of a large crude oil spill to agricultural or forested land would undoubtedly be substantial. However, unless there was a unique environmental feature such as critical habitat for an endangered mammal, bird, or plant species present, the environmental effects would generally be localized, reversible through the spill response and clean-up process, and affect only a small area of land in the context of the larger ecoregion within which effects would occur. A summary of the potential effects of land based spills is provided in Section 3.5 of Technical Report 7-1 Qualitative Risk Assessment of Pipeline Spills in Volume 7 of the Application.
Potential environmental effects from oil spills to the terrestrial environment are discussed in Section 3.0 Technical Report 7-1 Qualitative Ecological Risk Assessment for Pipeline Spills in Volume 7 of the Application. Further details regarding the controls that can be implemented or advisories that can be issued by the local, provincial and/or federal authorities are provided in Section 3.0 of Technical Report 7-3 Qualitative Human Health Risk Assessment in Volume 7 of the Application and in the Human Health Risk Assessment of Pipeline Spills filed with the NEB in June 2014.
Pipeline safety is Trans Mountain’s top priority. Dedicated staff work to maintain pipeline integrity through Trans Mountain’s maintenance, inspection, and awareness programs.
Trans Mountain has comprehensive spill response plans in place for the Trans Mountain pipeline and facilities. These plans are constantly being updated to keep them current and are regularly practiced through deployment exercises. While the specific strategies used in response to a spill will vary depending on the circumstances, the primary objectives in all cases are to ensure safety and to minimize environmental damage.
A comprehensive ESA has been completed for the Project. Over 30 types of environmental surveys, including aquatics and forests, have been completed by local and regional biologists and resource specialists in support of the ESA.
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concerns were Project Footprint In the unlikely event of a pipeline or facility release to a freshwater environment, local, provincial expressed about effects and/or federal authorities will implement controls or issue advisories to protect public health. of a spill on water Examples of such controls include closure of commercial and recreational fisheries, beach systems along the closures, forced evacuation of people off-shore and/or on-shore if public health and safety are pipelines threatened, and the issuance of fish. In this regard, once a spill has occurred, Fisheries and Concerns were 53 km south of RK 73.5 Oceans Canada (DFO) is notified. DFO along with other regulatory authorities such as expressed about Environment Canada and the Canadian Food Inspection Agency will assess the spill and, based potential effects of a spill on its location, size and the potential opportunities for people to be exposed to the oil through in Pigeon Lake different exposure pathways, will determine the types of added control measures, if any, that may be necessary. These measures will reduce the potential opportunities for exposure of people to Concerns were 14 km north of RK 91.8 the chemicals released during a spill through secondary pathways on a long-term basis. expressed about potential effects of a spill in Lac Ste. Anne. As well, monitoring programs may be initiated to track both the movement of the oil slick itself as well as the presence of any spill-related chemical residues in different environmental media, including the water column, soils and/or sediment, and extending to fish and other possible foodstuffs if necessary to protect public health. The results of the monitoring program(s) will be used, in part, to guide decision-making opposite the need for control measures such as fisheries closures, beach closures and/or food advisories. These controls will remain in place until the results of the monitoring program(s) indicate that public health and safety is no longer threatened. The implementation of the monitoring programs and introduction of such control measures will serve to reduce the opportunities for exposure of the public to the chemicals, especially any exposures that could be received through secondary pathways on a longer-term basis.
A discussion on the probability and consequences of a pipeline spill is provided in Section 3.0 of Volume 7 of the Application (Filing ID). Biological effects of oil spills to freshwater environments vary widely in relation to the characteristics of spilled oil, physical dimensions and characteristics of receiving waters, season, and other factors. Based on the results of the Ecological Risk Assessment, it is clear a crude oil spill into a freshwater environment could have substantial negative environmental effects that could be long-lasting if not effectively remediated. This confirms that the primary focus of spill prevention and response activities must always be to reduce the probability of an oil spill to be as low as reasonably practical, and to have adequate spill response plans and procedures in place.
An evaluation of the potential range of ecological effects resulting from hypothetical oil spills to aquatic environments is provided in Section 6.0 and 7.0 of Volume 7 of the Application, and in Technical Report 7-1 Qualitative Ecological Risk Assessment for Pipeline Spills in Volume 7 of the Application.
Further details regarding the controls that can be implemented or advisories that can be issued by the local, provincial and/or federal authorities are provided in Section 3.0 of Technical Report 7-3 Qualitative Human Health Risk Assessment in Volume 7 of the Application, and in the Human Health Risk Assessment of Pipeline Spills filed with the NEB in June 2014. Concern expressed Project Footprint about employment and opportunities for the involvement of local people on the proposed Project. Note: 1 Detailed mitigation measures are outlined in the Project-specific EPP (Volumes 6B, 6C and 6D).
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
CREDIT SHEET ELDERS:
• Eugene Buffalo;
• Marylis Buffalo;
• Alice Currie;
• Roseanna Cattleman;
• Betty Currie;
• Lucy Kammer;
• Harley Jones Lewis;
• Harley Louis;
• JoAnna Louis;
• Esther Mackinaw;
• Rose Pipestem;
• Melvin Potts;
• Phyllis Potts;
• Emma Rabbit;
• Joanne Rabbit;
• Maraya Rabbit;
• Maria Rabbit;
• Mary Rabbit;
• Melvin Rabbit;
• Morrice Rabbit;
• Rema Rabbit;
• Shirley Rabbit;
• Rodney Roasting;
• Darlene Smallface;
• Bernadette Standing on the Road;
• Laurence Standing on the Road;
• Leonard Standing on the Road;
• Patrick Charles Star;
• Charles Starr;
• Henry Arnold Strawhat; and
• Chief Darrell Strongman Sr.
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
TERA PERSONNEL:
• Paul Anderson;
• Peter Andreasen;
• Ryan Brown;
• Michelle Langfeldt;
• Leanna Parker
• Brad Lapham;
• Wanda Lewis;
• Angelina Silver
• Chris Menzies; and
• Ian Swan;
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
TABLE OF CONTENTS Page EXECUTIVE SUMMARY ...... i 1.0 INTRODUCTION ...... 1 1.1 Project Details ...... 1 2.0 OBJECTIVES ...... 4 2.1 Study Area Boundaries ...... 4 3.0 METHODS ...... 7 3.1 Map Reviews/Interviews ...... 7 3.2 Field Reconnaissance ...... 7 3.3 Results Review/Reporting ...... 8 4.0 TRADITIONAL LAND USE SITE TYPES AND MITIGATION ...... 9 4.1.1 Trails and Travelways ...... 9 4.1.2 Habitation Sites ...... 9 4.1.3 Plant Harvesting ...... 9 4.1.4 Hunting ...... 10 4.1.5 Fishing ...... 10 4.1.6 Trapping ...... 10 4.1.7 Gathering Places...... 10 4.1.8 Sacred Areas ...... 10 4.1.9 Traditional Land Use Sites Discovered During Construction ...... 11 5.0 TRADITIONAL LAND USE STUDY RESULTS ...... 12 5.1.1 Community Participants ...... 15 5.1.2 Trails and Travelways ...... 15 5.1.3 Habitation Sites ...... 16 5.1.4 Plant Gathering ...... 17 5.1.5 Hunting ...... 18 5.1.6 Fishing ...... 19 5.1.7 Trapping ...... 20 5.1.8 Gathering Places...... 21 5.1.9 Sacred Areas ...... 22 5.1.10 Non-Traditional Land Uses ...... 25 5.1.11 Socio-Economic Considerations ...... 25 6.0 SUMMARY OF RECOMMENDATIONS AND OUTSTANDING ISSUES ...... 28 7.0 REFERENCES ...... 31 7.1 Literature Cited ...... 31 7.2 GIS and Mapping References ...... 31
LIST OF FIGURES Figure 1.1 Project Overview ...... 3 Figure 2.1 Traditional Land and Resource Use Regional Study Area ...... 6 Figure 5.1 Montana First Nation Traditional Land Use Areas Identified During Map Review for the Project (August 2013) ...... 13 Figure 5.2 Montana First Nation Traditional Land Use Areas Accessed During Overflight for the Project (December 2012) ...... 14
Page vi Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
LIST OF TABLES Table 2-1 Inputs to Traditional Land and Resource Use Study Area Boundaries ...... 4 Table 3-1 Timetable of the Montana First Nation Traditional Land Use Study for the Trans Mountain Expansion Project ...... 7 Table 5-2 Plant Gathering Identified by Montana First Nation ...... 18 Table 5-3 Hunting Sites Identified by Montana First Nation ...... 19 Table 5-4 Fishing Sites Identified by Montana First Nation ...... 20 Table 5-5 Trapping Sites Identified by Montana First Nation ...... 21 Table 5-6 Gathering Places Identified by Montana First Nation ...... 22 Table 5-7 Sacred Areas Identified by Montana First Nation ...... 25 Table 6-1 Summary of Issues/Concerns and Site-Specific Mitigation ...... 28
LIST OF PLATES Plate 1 Crew picture at North Saskatchewan River Left to Right: Elder Charles Star, Elder Phyliss Potts, Elder Shirley Rabbit, Henry Rabbit, Violet Roasting, Elder Mary Rabbit, Elder Rose Pipestem, Elder Emma Rabbit, Elder Henry Strawhat, Elder Alice Currie, Elder Bernadette Standing On The Road, Elder Roseanna Cattleman, Elder Maria Rabbit, Elder Darlene Smallface, Elder Bettie Currie, Jason Currie, Elder Esther Mackinaw, Elder Rodney Roasting, Elder Melvin Rabbit and Lance Rabbit Sr...... 15 Plate 2 Hwy 770 bridge crossing the North Saskatchewan River...... 16 Plate 3 View of Buck Lake from public campgrounds in northwestern corner of lake...... 20 Plate 4 Lake access to Pigeon Lake...... 22 Plate 5 Crew photo at Lac Ste. Anne Pilgrimage Site. Left to right (back row): Henry Strawhat, Jason Currie, Lance Rabbit Sr., Elder Melvin Rabbit, Elder Charles Starr, Peter Andreasen, Chris Menzies, Brad Lapham and Elder Bernadette Standing on the Road. Left to right (front row): Henry Rabbit, Elder Rose Pipestem, Elder Emma Rabbit, Elder Alice Currie, Elder Marry Rabbit, Elder Roseanna Cattleman, Elder Bettie Currie, Elder Esther Mackinaw, Chief Darrell Strongman Sr. and Elder Byron Mackinaw...... 23
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
1.0 INTRODUCTION A TLU study was initiated with Montana First Nation in May 2013 for the proposed Trans Mountain Project (the Project) (Figure 1), during which time the scope, timetable and location of the Project was discussed.
TERA, a CH2M Hill Company (TERA), on behalf of Trans Mountain, facilitated the TLU study undertaken by Montana First Nation that focused on the community’s current use of land for traditional activities. Field reconnaissance focused on Crown lands potentially disturbed by Project construction and clean-up activities, including associated physical works and activities (e.g., pipeline right-of-way, temporary construction workspace and access). The Environmental and Socio-Economic Assessment (ESA) was prepared by TERA (TERA 2013). Montana First Nation is based out of Maskwacis, Alberta.
This report documents the results of the TLU study conducted for that portion of the asserted traditional territories of Montana First Nation affected by the Project.
1.1 Project Details Trans Mountain, a Canadian corporation is a general partner of Trans Mountain Pipeline L.P., which is operated by Kinder Morgan Canada Inc. (KMC), and is fully owned by Kinder Morgan Energy Partners, L.P. Trans Mountain is the holder of the National Energy Board (NEB) certificates for the Trans Mountain pipeline system (TMPL system). Trans Mountain is applying to the NEB under Section 52 of the NEB Act for authorization to construct and operate the Project in Alberta and British Columbia (BC) that will form part of an existing TMPL System. The NEB will undertake a detailed review and hold a Public Hearing to determine if it is in the public interest to recommend a Certificate of Public Convenience and Necessity for construction and operation of the proposed Project. Subject to the outcome of the NEB Hearing process, Trans Mountain plans to begin construction in 2016 and go into service in 2017.
The TMPL system commenced operations 60 years ago and now transports a range of crude oil and petroleum products from Western Canada to locations in central and southwestern BC, Washington State and offshore. The TMPL system currently supplies much of the crude oil and refined products used in BC. The TMPL system is operated and maintained by staff located at Trans Mountain’s regional and local offices in Alberta (Edmonton, Edson and Jasper) and BC (Clearwater, Kamloops, Hope, Abbotsford and Burnaby).
The TMPL system has an operating capacity of approximately 47,690 m3/d (300,000 bbl/d) using 23 active pump stations and 40 petroleum storage tanks. The expansion will increase the capacity to 141,500 m3/d (890,000 bbl/d).
The proposed expansion will comprise the following:
• pipeline segments that complete a twinning (or “looping”) of the pipeline in Alberta and BC with about 987 km of new buried pipeline;
• new and modified facilities, including pump stations and tanks; and
• three new berths at the Westridge Marine Terminal in Burnaby, BC, each capable of handling Aframax class vessels.
The expansion has been developed in response to requests for service from Western Canadian oil producers and West Coast refiners for increased pipeline capacity in support of growing oil production and access to growing West Coast and offshore markets. NEB decision RH-001-2012 reinforces market support for the expansion and provides Trans Mountain the necessary economic conditions to proceed with design, consultation and regulatory applications.
Trans Mountain has embarked on an extensive program to engage Aboriginal communities and to consult with landowners, regulatory authorities (e.g., regulators and municipalities), stakeholders and the general public. Information on the proposed Project is also available at www.transmountain.com.
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Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
The scope of the proposed Project will involve:
• using existing active 610 mm (NPS 24) and 762 mm (NPS 30) O.D. buried pipeline segments;
• constructing three new 914 mm (NPS 36) O.D. buried pipeline segments totalling approximately 987 km:
− Edmonton to Hinton – 339.4 km;
− Hargreaves to Darfield – 279.4 km; and
− Black Pines to Burnaby – 367.9 km;
• reactivating two 610 mm (NPS 24) O.D. buried pipeline segments that have been maintained in a deactivated state:
− Hinton to Hargreaves – 150 km; and
− Darfield to Black Pines – 43 km;
• constructing two, 3.6 km long 762 mm (NPS 30) O.D. buried delivery lines from Burnaby Terminal to Westridge Marine Terminal (the Westridge delivery lines);
• installing 23 new sending or receiving traps (16 on the Edmonton-Burnaby mainlines), for in-line inspection tools, at 9 existing sites and 1 new site;
• adding 35 new pumping units at 12 locations (i.e., 11 existing and one new pump station site);
• reactivating the existing Niton Pump Station that has been maintained in a deactivated state;
• constructing 20 new tanks located at the Edmonton (5), Sumas (1) and Burnaby (14) Terminals, preceded by demolition of 2 existing tanks at Edmonton (1) and Burnaby (1), for a net total of 18 tanks to be added to the system; and
• constructing one new dock complex, with a total of three Aframax-capable berths, as well as a utility dock (for tugs, boom deployment vessels, and emergency response vessels and equipment) at Westridge Marine Terminal, followed by the deactivation and demolition of the existing berth.
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1 ALL LOCATIONS APPROXIMATE 0 2 Montana First Nation Traditional Land Use Study Report Trans Mountain Expansion Project March 2015/7894
2.0 OBJECTIVES The aim of the TLU studies is to assess and mitigate effects of the Project on current use of Crown lands for traditional activities and on identified TLU sites. This is achieved by meeting the following objectives.
• Determine the extent and general nature of each community's current use of lands for traditional activities relative to the Project.
• Identify existing concerns and potential effects of the Project on traditional land and resource use for baseline scoping and selection of social or environmental indicators for the effects assessment.
• Provide traditional knowledge information, where appropriate, for the assessment of potential Project-related effects on traditional land and resource use.
• Establish appropriate site-specific mitigation measures to address concerns raised relative to the Project regarding traditional land and resource use.
This report describes the methods of the TLU studies, the approach for and results of field work, as well as providing general traditional land and resource use mitigation recommendations for the construction and reclamation phases of the Project. The results of this report do not identify residual environmental or socio- economic effects nor provide conclusions regarding significance.
2.1 Study Area Boundaries The Footprint is the area directly disturbed by surveying, construction and clean-up of the pipeline and associated physical works and activities (including, where appropriate, the permanent rights-of-way, pump stations, tanks, Westridge Marine Terminal, temporary construction workspace, temporary stockpile sites, temporary staging sites, construction camps, access roads and power lines).
The Local Study Area (LSA) encompasses and extends beyond the Footprint to include the zones of influence of water quality and quantity, air emissions, acoustic environment, fish and fish habitat, wetland loss or alteration, vegetation, wildlife and wildlife habitat, heritage resources, marine fish and fish habitat, marine mammals and marine birds since traditional land and resource use is dependent on these resources (Figure 2.1, Table 2-1). The Traditional Land and Resource Use (TLRU) LSA is the area where there is a reasonable potential for localized Project-related effects to affect existing uses of the land for traditional purposes (e.g., trapping, hunting, fishing and gathering areas). The potential effects of the Project are primarily assessed within the Footprint and the TLRU LSA.
The Regional Study Area (RSA) is the area where the direct and indirect influences of other land uses and activities could overlap with Project-related effects and cause cumulative effects on the traditional land and resource use indicators. The TLRU RSA includes the RSA boundaries of water quality and quantity, air emissions, acoustic environment, fish and fish habitat, wetland loss or alteration, vegetation, wildlife and wildlife habitat, heritage resources, marine fish and fish habitat, marine mammals and marine birds (Figure 2.1, Table 2-1). Since, in some cases, the focus of traditional land and resource use may be on land within a few hundred meters of the Footprint and in other cases broader territorial uses are identified extending several kilometers from the Footprint, the potential effects of the Project on traditional land and resource use are also assessed within the TLRU RSA.
TABLE 2-1
INPUTS TO TRADITIONAL LAND AND RESOURCE USE STUDY AREA BOUNDARIES
Resource Component Local Study Area Regional Study Area ESA Reference Water Quality and The area generally extending 100 m upstream of the Includes all watersheds affected by the Project. Section 5.3 of Quantity centre of the proposed pipeline corridor to a minimum of Volume 5A 300 m downstream of the centre of the pipeline corridor. For groundwater, the area within 300 m of the proposed pipeline corridor, facility or HDD entrance in potentially vulnerable aquifer areas in hydraulic connection with the Footprint.
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TABLE 2-1 Cont'd
Resource Component Local Study Area Regional Study Area ESA Reference Air Emissions -- Consists of a 5 km wide band extending from the Section 5.4 of edges of the proposed pipeline corridor (i.e., 2.5 km on Volume 5A each side of the proposed pipeline corridor) or a 24 km by 24 km area centred on a facility. Acoustic Extends 1.5 km from the fenceline or Footprint of the Potential effects on human receptors are not Section 5.6 of Environment Project. For construction, this includes the pipeline, pump anticipated to extend beyond the Acoustic Volume 5A stations and terminals. For operations, this includes the Environment LSA; however, cumulative effects from pump stations and terminals only. other energy-related noise sources could occur within a 1.5 km radius of the other developments energy- related noise sources so an RSA of 5.0 km is considered. Fish and Fish Consists of the area extending 100 m upstream of the Includes all watersheds directly affected by the Section 5.7 of Habitat centre of the proposed pipeline corridor to a minimum of Project. Volume 5A 300 m downstream from the centre of the proposed pipeline corridor. Wetlands Generally consists of a 300 m wide band centred on the Includes all watersheds directly affected by the Section 5.8 of proposed pipeline corridor (i.e., 150 m on each side of Project. Volume 5A the proposed pipeline corridor centre) with site-specific tailoring to extend around larger wetland complexes that are encountered by the proposed pipeline corridor. Vegetation Generally consists of a 300 m wide band centred on the Consists of a 2 km band generally extending from the Section 5.9 of proposed pipeline corridor (i.e., 150 m on each side of centre of the proposed pipeline corridor and facilities Volume 5A the proposed pipeline corridor centre). (i.e., 1 km on each side of the centre of the proposed corridor). Wildlife and Generally consists of a 1 km buffer of the centre of the Consists of a 15 km buffer of the centre of the Section 5.10 of Wildlife Habitat proposed pipeline corridor and power lines, and within a proposed pipeline corridor and power lines, and within Volume 5A 1 km buffer around the boundary of the proposed a 15 km buffer around the boundary of the proposed permanent facilities. permanent facilities and species-specific RSAs delineated for caribou (defined by identified range boundaries) and grizzly bear (defined by identified population units). Heritage -- Consists of the area extending beyond the Footprint Section 5.1 of this Resources and is defined as an area of intersecting Borden volume Blocks. Marine Fish and The ZOI likely to be affected by construction and The area where the direct and indirect influence of Section 6.2 of Fish Habitat operations of the Westridge Marine Terminal, defined as other activities could overlap with Project-specific Volume 5A the area within 500 m of the proposed water lease effects and cause cumulative effects on marine fish expansion and fish habitat. This includes the area of Burrard Inlet east of the First Narrows, including Indian Arm and Port Moody Arm. Marine Mammals The ZOI likely to be affected by construction and The area where the direct and indirect influence of Section 6.2 of operations of the Westridge Marine Terminal, defined as other activities could overlap with Project-specific Volume 5A the area within 500 m of the proposed water lease effects and cause cumulative effects on marine expansion mammals. This includes the area of Burrard Inlet east of the First Narrows, including Indian Arm and Port Moody Arm. Marine Birds The ZOI likely to be affected by construction and The area where the direct and indirect influence of Section 6.2 of operations of the Westridge Marine Terminal, defined as other activities could overlap with Project-specific Volume 5A the area within 300 m of the proposed water lease effects and cause cumulative effects on marine birds. expansion This includes the area of Burrard Inlet east of the First Narrows, including Indian Arm and Port Moody Arm.
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3.0 METHODS Following initial kick-off of the Project, TERA TLU facilitators made contact with Montana First Nation to share relevant contact information, proposed TLU study methods and to schedule subsequent meetings (Table 3-1).
TABLE 3-1
TIMETABLE OF THE MONTANA FIRST NATION TRADITIONAL LAND USE STUDY FOR THE TRANS MOUNTAIN EXPANSION PROJECT
Socio-Economic Report Initial Meeting Map Review Interviews Field Reconnaissance Results Review Acceptance May 14, 2013 August 7 to 8, 2013 August 7 to 8, 2013 November 18 to 21, 2014 March 3, 2015 June 2015
The TERA facilitated TLU study was conducted in a phased approach consisting of map review, community interviews and follow-up reporting. The final review of the community report occurred on June 2015.
Translators were made available at the request of Montana First Nation. Each of these phases of the TLU studies is described in further detail in the following subsections.
3.1 Map Reviews/Interviews Maps were provided to orient community representatives with the location of the Project. The goal of the map review was to document any information or concerns that Montana First Nation may have regarding the Project and to identify any potential Project related impacts on current land use for traditional activities and on resources. In particular, the discussions clarified the areas to target during the field reconnaissance and overflight, if any, or areas that required additional mapping and also provided an opportunity to schedule field work, if warranted.
The map review meeting and community interviews were held with Montana First Nation from August 7, 2013 to August 8, 2013 at the Montana First Nation Administrative Office in Maskwacis, Alberta. During this meeting, Montana First Nation examined the regional Project maps with TERA TLU facilitators to determine what areas would be surveyed during planned field reconnaissance (Figure 5.1).
3.2 Field Reconnaissance Field TLU study teams included representatives selected by Montana First Nation to conduct field reconnaissance and overflight site visits of areas identified to be of interest, concern, or importance during the map review (Table 3-1). During the field reconnaissance, an open dialogue took place between Montana First Nation and TERA TLU community facilitators.
Upon observing a TLU site, it was described in writing, its location recorded on a sketch map and by using a handheld Global Positioning System (GPS) and digital photographs were taken, if culturally appropriate. The proximity of the TLU site to the proposed pipeline corridor was documented and the importance of each site discussed at its location in the field, taking into account its setting within the context of local knowledge, history, construction limitations, potential effects and recommended mitigation strategies.
Field reconnaissance occurred from November 18, 2014 to November 21, 2014. From November 18, 2014 to November 21, 2014, field reconnaissance took place at Stony Plain and Wetaskiwin. The helicopters travelled to the various sites and community members commented on what they observed as well as any TLU sites of importance to them.
The goal of the field reconnaissance and overflight site visits was to locate and record TLU sites that may be potentially affected by the Project. All identified TLU sites, including any sites within the proposed pipeline corridor, were recorded and proposed mitigation strategies were recorded and discussed at the site.
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3.3 Results Review/Reporting Identification of TLU sites and discussions of potential mitigation strategies were conducted directly with Montana First Nation representatives during the field reconnaissance. This information was used to create two reports: this detailed community-specific report; and a public summary report to be filed publicly with the NEB. The detailed community report documents Montana First Nation’s TLU involvement and the results of the field reconnaissance, including the confidential and proprietary information provided by the TLU study participants. Confirmation of the accuracy of the information incorporated and approval of the inclusion of the confidential and proprietary information in Project planning will occur during community results review meetings with TERA.
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4.0 TRADITIONAL LAND USE SITE TYPES AND MITIGATION Montana First Nation representatives were asked to identify potential TLU sites along Crown lands potentially disturbed by pipeline construction, including associated physical works and activities (e.g., pipeline right-of-way, temporary construction workspaces) as well as trails, habitation-sites, plant harvesting locations, hunting, fishing, trapping, gathering places and sacred areas. Mitigation strategies were discussed at the TLU site location.
In TERA's experience, the types of accepted mitigation listed in the following subsections have been successful in mitigating effects on TLU sites.
4.1.1 Trails and Travelways Travelways are essential for conducting traditional activities and effects on actively-used trails should be reduced and mitigated. Trails include well-defined all-terrain vehicle (ATV) and snowmobile corridors, navigable waterways, river portages and historic foot, dog sled and pack horse pathways.
Successful and proven mitigative measures available to trails transecting the pipeline right-of-way include:
• detailed recording and mapping to within 100 m on both sides of the pipeline right-of-way; in partnership with community representatives, a decision is then made about the relative importance of the trail and, if warranted, how best to maintain and control access; and
• other mitigation options include signage or scheduling construction during periods of least impact.
4.1.2 Habitation Sites Habitation sites are located in prime, resource-rich areas and include traditional campsites, cabins and settlements. Campsites typically have defined hearths (fire rings), de-limbed trees, tent frames and/or miscellaneous cached or discarded camping supplies and equipment. Cabin structures represent a more permanent occupation of the land and include central log or timber-framed structures, traditional activity areas such as drying racks and smoking tents, and ancillary equipment storage areas. A group of cabins or campsites may signify a long-term or intermittent occupation. A settlement may have been used seasonally or throughout the year, depending on location or necessity. The relative size and nature of habitation sites continuously evolve based on how families and communities grow and often expand from campsites to cabins and possibly to settlements.
Successful and proven mitigative measures for habitation sites include:
• detailed mapping, photographic recording and avoidance of the location by the proposed development; or
• should avoidance of a site not be feasible, mitigative measures consisting of detailed recording and controlled excavations may be implemented.
4.1.3 Plant Harvesting Many Aboriginal individuals harvest medicinal, ceremonial and food source plants. Plants are gathered in a variety of environments that include old growth forests, along watercourses and in rugged or mountainous areas. Detailed information regarding medicinal plants is passed down from the Elders and is considered proprietary by the communities.
Effective mitigative measures are dependent on the context and relative location of a harvesting area to the proposed development, but may include:
• limiting the use of chemical applications;
• replacement of plant species during reclamation; and
• avoidance of the site.
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4.1.4 Hunting Hunting and wildlife sites are areas where large mammals such as elk, moose, deer, caribou and bear are commonly harvested. They are identified both in community discussion and by observed game ambushes, blinds and hunting stands, dry meat racks and butchered animal remains. Furthermore, locales where game can be expected such as mineral licks, calving areas and well-used game trails are typically prized hunting areas.
Successful and accepted mitigation for hunting sites may include:
• adhering to species-specific timing constraints;
• leaving breaks in the pipeline trench to allow animals to cross; and
• limiting the use of chemical applications.
4.1.5 Fishing Changes to local fishing spots as well as the broader water system can impact Aboriginal harvesting. Fishing sites relate to the use of specific reaches of lakes and streams and, generally, this information is gathered by having community representatives identify fishing locales and specify the nature of their use and success rates.
Standard and effective mitigative measures for fishing areas may include:
• recording and mapping of fishing locales; and
• strict adherence to the regulations, standards and guidelines set by provincial and federal regulatory agencies for watercourse crossings.
4.1.6 Trapping Trapping and snaring of animals for food and pelts are activities that continue to be engaged in by Aboriginal individuals. These traps and snares may or may not be located within registered trap lines. Concerns by both Aboriginal and non-Aboriginal trappers are generally identified and mitigated individually.
To avoid accidental damage where the pipeline route transects a trap line, mitigative measures may include:
• maintaining access to the trap line; and
• moving of trap line equipment by the trapper prior to construction.
4.1.7 Gathering Places Aboriginal people often met in gathering places to share in ceremonial activities, exchange items of trade, arrange and celebrate marriages, and for other activities. Additionally, indigenous grave sites are sometimes recorded in the general area of large gathering places. Such gathering places have historical, ceremonial, cultural and economic significance to Aboriginal communities.
Potential effects on gathering places may be mitigated through detailed recording, mapping and avoidance; however, the visual impact will be assessed in the field and mitigative measures will be refined and optimized, if warranted.
4.1.8 Sacred Areas One of the primary concerns of Aboriginal communities with regard to any proposed development project is to ensure that sites sacred to the local communities are protected from adverse effects. These areas include burials, vision quest locations, rock art panels, birth locations and ceremonial places, among others. A particular element is often only a small component of a larger spiritual complex that can encompass topographic features and may, by its very nature in the context of Aboriginal spirituality, be inestimable and irreplaceable.
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Mitigative measures for sacred areas may include detailed recording, mapping and avoidance; however, additional mitigative measures, if warranted, will be refined and optimized in the field and through community discussions.
4.1.9 Traditional Land Use Sites Discovered During Construction While TLU studies will have likely identified and addressed specific interests, in the event that additional TLU sites are discovered during construction of the pipeline, the following measures below should be implemented.
• Suspend work immediately in the vicinity of any newly discovered sacred sites. Work at that location may not resume until the measures below are implemented.
• Notify the Environmental Inspector, who will notify the Trans Mountain Construction Manager and Heritage Resource Specialist.
• The Trans Mountain Heritage Resource Specialist will assess the site and develop an appropriate mitigation plan using the information listed above.
• Any potentially impacted Aboriginal community will be informed of the discovery and the mitigation to be implemented.
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5.0 TRADITIONAL LAND USE STUDY RESULTS The following subsections provide the results of the engagement and the TLU study with Montana First Nation for the Project.
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5.1.1 Community Participants TERA would like to thank the following community members of Montana First Nation (Plate 1) for their time and assistance.
Chief: Darrell Strongman Sr.
Elders: Eugene Buffalo, Marylis Buffalo, Roseanna Cattleman, Alice Currie, Betty Currie, Lucy Kammer, Harley Jones Lewis, Harley Louis, JoAnna Louis, Byron Makinaw, Esther Mackinaw, Rose Pipestem, Phyllis Potts, Melvin Potts, Emma Rabbit, Joanne Rabbit, Maraya Rabbit, Maria Rabbit, Mary Rabbit, Melvin Rabbit, Morrice Rabbit, Rema Rabbit, Shirley Rabbit, Rodney Roasting, Darlene Smallface, Bernadette Standing on the Road, Laurence Standing on the Road, Leonard Standing on the Road, Patrick Charles Star and Henry Arnold Strawhat.
Community Members: Jason Currie, Henry Rabbit, Lance Rabbit Sr. and Violet Roasting.
Plate 1 Crew picture at North Saskatchewan River Left to Right: Elder Charles Star, Elder Phyliss Potts, Elder Shirley Rabbit, Henry Rabbit, Violet Roasting, Elder Mary Rabbit, Elder Rose Pipestem, Elder Emma Rabbit, Elder Henry Strawhat, Elder Alice Currie, Elder Bernadette Standing On The Road, Elder Roseanna Cattleman, Elder Maria Rabbit, Elder Darlene Smallface, Elder Bettie Currie, Jason Currie, Elder Esther Mackinaw, Elder Rodney Roasting, Elder Melvin Rabbit and Lance Rabbit Sr. 5.1.2 Trails and Travelways Montana First Nation identified one travelway during the TLU study for the proposed Project, the North Saskatchewan River.
Elder Charles Starr and another community member shared that the North Saskatchewan River, crossed by the Project at RK 33.6 and RK 33.8 was used extensively for travel in the past (see Plate 2). The river was used to trade furs and other goods for hundreds of years. People would travel up and down this river at all times of year, by canoe when it was open and snowshoe when frozen. Elder Charles Starr shared about how he nearly died twice on the river when he fell in, adding that even in the summer the water is freezing cold. He also told of a lake in the mountains that drains both east and west since it is perfectly centred in the mountains. A community member reported that a man from Sunchild First Nation had once told him that there was a very shallow point in the North Saskatchewan River near Rimbey that could be crossed in a wagon and that this was how the man crossed the river in the past.
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Plate 2 Hwy 770 bridge crossing the North Saskatchewan River.
Chief Darrell Strongman shared a story/history about community messengers known as runners. Historically, runners were young men who were tasked to scout locations for resources and to share news and messages between different camps. The messages and directions were given to the runners by Elders who would receive indications about valuable locations through visions or experience. The runners would work solo or in teams of two and would travel for long periods of time. Some of the resources sought after include good fishing spots, hunting grounds, berry patches, and timber harvesting and camping sites. Since First Nations in the Maskwacis region were traditionally nomadic, the runners served an important role in identifying and securing resources that enabled community members to survive the seasons.
A community member shared a technique for orienting oneself in the forest. He identified some poplar trees and explained that the branches are more numerous and more dense on the south side of the tree.
Montana First Nation identified the North Saskatchewan River as a travelway that is crossed by the proposed pipeline corridor. No mitigation was requested for trails and travelways by Montana First Nation during the TLU study.
5.1.3 Habitation Sites Montana First Nation identified several habitation sites during the TLU study for the proposed Project as detailed in Table 5-1.
Byron Mackinaw shared that some of his family members live on the south side of Buck Lake at Mackinaw Village. Elder Melvin Potts reported that he used to spend summers with his family at a cabin at Pigeon Lake picking berries, fishing and swimming.
TABLE 5-1
HABITATION SITES IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 45 km south of RK 123 Mackinaw Village, Buck Lake Current None 62 km south of RK 62 Cabin at Pigeon Lake Historic None
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No habitation sites were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for habitation sites by Montana First Nation.
5.1.4 Plant Gathering Montana First Nation identified several plant gathering sites during the map review meeting, detailed in Table 5-2. Elders reported that they use their entire traditional territory to gather plants and can travel long distances to harvest plants.
Elders shared that while a wide variety of plants grow in the vicinity of Montana IR No. 139, it is a challenge to harvest locally because there are fewer traditional plants and berries. Historically community members traveled south for medicine that only grows in certain regions. The “old people” would travel all over the place, from the mountains to the prairies, to find certain medicines and roots. They gathered pine, sweet pine (spruce gum) and flat leaf pine (balsam fir). An Elder noted that you cannot just gather the plants and make medicine out of them; the medicinal knowledge must be gifted by someone who possesses the knowledge, which is earned, taught and gifted. Elders Alice Currie, Mary Rabbit and Rose Pipestem shared about how they used to travel to the mountains with their grandparents to gather traditional plants. Alice reported that she learned all about being Cree by spending time with her grandmother. One of her favourite memories was helping her grandfather hitch their horse up to their buggy. This was how most people travelled on the reserve until vehicles became more common in the 1990s. She recalled that sometimes they would load up a truck and drive all the way to the Hinton region and down to Rocky Mountain House to camp and gather roots. Elder Melvin Potts reported that he spent summers at Pigeon Lake (Ma-me-o Beach in Cree) with his family picking huckleberries, blueberries and medicinal plants. It was noted that the region near Lodgepole, which has been logged, is now a good location for harvesting medicinal and edible plants, particularly blueberries. As a result of all the blueberries, there are a lot of bears in the Lodgepole region feeding on them.
Elders Maria Rabbit, Shirley Rabbit, Darlene Smallface and Byron Mackinaw shared knowledge about a variety of berries and medicinal plants that are harvested and used by community members. Medicine is best harvested during the summer months from late June to September. Some of the plants are no longer present on the reserve, even where at one time they were plentiful. Elder Esther Mackinaw said that pinch cherries and gooseberries are on the decline and they cannot find these berries any more. Plants discussed include blueberries, gooseberries, raspberries, Saskatoon berries, chokecherries, pin cherries, cranberries, fungus from willow trees, tiger lilies, frog plants, lily pads, an unidentified plant with large thorns, peppermint tea, muskeg tea, red willow and kinnikinnick. Tiger lilies are very rare and the roots are edible rice-like pods. Lily pads grown in muskeg and is added to frog plants as an ingredient in a medicine and frog plants grow in the north and are used as an anti-cancer medicine. Peppermint and muskeg is used in teas and both plants are found in marshy/swampy regions and both are used medicinally. Red willow and kinnikinnick are used to flavor tobacco. The unidentified medicinal plant with large thorns was described as being grey-brown in colour and is found near natural water sources.
A community member shared knowledge about various medicinal plants, including poplar sap, spruce sap, rat root and bluebells. Poplar sap is harvested in June and July and is very good to help regulate blood sugar for people with diabetes. Spruce sap has medicinal properties and can be used as a topical agent to treat infections on skin and wounds. The moist sap is put on the wound overnight. The community member recalled how his son once had an infected spider bite and the infection healed overnight when treated with spruce gum. Spruce sap is harvested in the spring and summer and can be stored. Rat root, when combined in a tea with poplar sap, can be used to treat diabetes. Dried roots of the bluebell plant are medicinal and can be used to make a tea used as a remedy for heart conditions.
Elder Alice Currie identified two locations on the northwest shore of Buck Lake where Elders pick rat root. (wee’kes in Cree). Rat root is very difficult to pick as its roots (the medicinal parts) can extend a long way underground. The roots must be dug out, washed off and hung up to dry. Elder Charles Starr reported that rat root can be found around muskrat dens because muskrats eat rat root. He added that if a muskrat den is damaged while digging out rat root the den should be repaired. Rat root is dried and powdered and used to treat colds, flus and respiratory ailments. Elder Rose Pipestem shared that while anyone can gather the root, a person must leave a tobacco offering. She explained that once rat root is dried it can be applied in several ways, adding that it is most important medicinal use is to relieve toothache. Rat root is also an effective topical painkiller and can be sucked on to relieve a sore throat. Elder Mary Rabbit explained that
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you must always shred dried rat root because it releases more medicine. Mary always carries some rat root in case she has pain; she chews it or shreds it and brews it in tea. Elder Alice Currie noted that training is required to find the plants and she learned from her grandmother to identify the plants by their leaves. She has also picked a root called sneezing root, which can be ground up and sniffed to induce sneezing and relieve a stuffed nose. Sneezing root can also be shredded and made into a tea.
Elder Rose Pipestem shared about that community members are more frequently selling traditional plants such as sweetgrass and rat root to health stores. Many Elders in the community disapprove of this since these plants are sacred and selling them takes away from their importance as cultural symbols.
TABLE 5-2
PLANT GATHERING IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 75 km south of RK 20 Berry picking, harvesting southwest of Montana IR 139 Current None 45 km south of RK 60 Plant harvesting site – berries Current None 50 km south of RK 60 Plant harvesting site – timber, herbs, berries and medicinal plants Current None at Pigeon Lake IR 138A 66 km south of RK 78 Plant harvesting site – hay and willow at Battle Lake Past None 102 km south of RK 82 Berry picking at Rimbey Past None 14 km north of RK 91.8 Plant harvesting site – Lac Ste. Anne Current None 3 km south of RK 118 Berry picking site along southern shore of Lake Wabamun Current None 63 km south of RK 121 Plant harvesting site at – Buck Lake Current None 55 km south of RK 156 Plant harvesting site at - Lodgepole Current None 62 km south of RK 62 Plant harvesting site at Elder Melvin Potts’ family cabin at Pigeon Historic None Lake 135 km south of RK 131 Plant harvesting site Rocky Mountain House Historic None
No plant gathering sites were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for plant gathering sites by Montana First Nation.
5.1.5 Hunting Montana First Nation identified several hunting sites during the TLU study. Table 5-3 details hunting sites identified by Montana First Nation for the proposed Project.
Elders shared that in the past community members depended a lot on muskrat, beaver and squirrels for food. Currently, community members depend less on traditional food sources since many people go to the store for meat. Elders also shared that hunting legislation and a loss of traditional hunting grounds has reduced hunting in general, and now community members have to travel further away than in the past to hunt.
Lodgepole is used currently as the staging point by many hunters from Montana First Nation. Elders Charles Starr and Jason Currie reported that organized groups of hunters from the Four Nations of Maskwacis routinely travel up to the foothills and mountains between Jasper and Rocky Mountain House, Sundre and Corkscrew Mountain to hunt deer, elk and moose. Wild game is distributed among families and Elders, providing an excellent addition to the diets of many community members. Jason added that for years he hunted with his late father south of Lodgepole, where his father killed trophy-sized moose. A community member went hunting with his children many times for moose and elk in the mountains and foothills from west of Lodgepole, and then south to the west of Sundre. He added that Swan Lake, west of Sundre, is good for moose and elk hunting. Elder Melvin Potts shared that he spent summers at Pigeon Lake (Ma-me-o Beach in Cree) with his family hunting moose, elk and deer.
Jason Currie reported that there has been an increase of big game such as moose and predators such as cougars on Montana IR No. 139, possibly due to an increase in construction pushing game further away from their usual locations. Elder Alice Currie believes this has more to do with the forest fires in BC and does not think this has impacted hunters’ ability to bring in food.
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TABLE 5-3
HUNTING SITES IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 10 km south of RK 0 Hunting in the Edmonton region – moose, deer and bear Current None 53 km south of RK 73.5 Hunting at Pigeon Lake Historic and current None 66 km south of RK 78 Hunting at Battle Lake Historic None 102 km south of RK 82 Hunting at Rimbey Current None 63 km south of RK 121 Hunting at northwest end of Buck Lake Current None 135 km south of RK 131 Hunting at Rocky Mountain House Current None 55 km south of RK 157 Hunting at Lodgepole Current None 3.2 km north of RK 320.8 Hunting around in the Hinton region – moose, deer and bear Current None
No hunting sites were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for hunting sites by Montana First Nation.
5.1.6 Fishing Montana First Nation identified five fishing sites during the TLU study for the proposed Project, detailed in Table 5-4.
Elders shared that Pigeon Lake has the best fishing for all different species of fish, adding that while the whole lake contains fish, the south end of the lake has the best fishing. Elder Melvin Potts reported that he spent summers at Pigeon Lake with his family and they caught whitefish, jackfish and suckers using nets. Elder Alice Rabbit reported that Pigeon Lake is too crowded for fishing now and most community members use Buck Lake to fish for whitefish in the summer.
Elder Emma Rabbit shared about how when she was young her father and others would travel to Buck Lake by horse or truck in the winter to ice fish (Plate 3). They used to pull many large whitefish; in those days, the fishing was really good. However, now she does not think the fish in Buck Lake are safe to eat anymore and she is not sure whether people still fish there. A community member reported that whitefish, jackfish and trout can be found in Buck Lake. Elder Charles Starr said in the past people used gill nets to fish in Buck Lake.
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Plate 3 View of Buck Lake from public campgrounds in northwestern corner of lake.
Wabamun Lake used to be a fishing location for community members. Elders Roseanna Cattleman and Alice Currie said that in Cree the name Wabamun means looking glass, mirror, or water you can see yourself in. Roseanna thinks perhaps it was given this name because it was so clean and clear. The Elders shared that in 2005 an oil train derailed and spilled large amounts of oil into Wabamun Lake. Since the derailment community members no longer fish in this lake anymore.
Elder Henry Strawhat spoke about a different method of catching fish at beaver dams along the Battle River near Maskwacis. The fisherman would use chicken wire to craft a net basket and place it at the downstream base of the beaver dam. The fisherman would then breach a portion of the dam to create a waterfall at the location of the net basket. Then he would create a barrier at the location of the breach out of aspen bark that would cause fish to jump up over the barrier, with some becoming trapped in the wire basket. The trap was left overnight and the fisherman would return the next day to harvest the catch.
TABLE 5-4
FISHING SITES IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 75 km south of RK 20 Fishing site Current None 53 km south of RK 73 Fishing at Pigeon Lake Current None 63 km south of RK 121 Fishing at Buck Lake Current None 1.3 km south of RK 95.7 Fishing at Wabamun Lake Historic None 68 km south of RK 74 Fishing along the Battle River Current None
No fishing sites were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for fishing sites by Montana First Nation.
5.1.7 Trapping Montana First Nation identified two trapping sites during the TLU study for the proposed Project, detailed in Table 5-5.
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Elder Emma Rabbit shared that when she was younger people from the community would travel along the North Saskatchewan River in the winter, trapping beaver, muskrat and mink for fur. The trappers would use the frozen river like a highway and would cover a large region, travelling to Edmonton to sell the harvested furs. Emma remarked that no one seems to trap anymore because there is no money in it. Elder Melvin Potts reported that his father had a trapline and cabin near Lodgepole; however, he has not been to the cabin for many years and does not know its exact location. He added that his father trapped marten, mink, fisher, beaver and lynx. Melvin’s father inherited the trapline from his father-in-law and used to trap along the trapline at various times of the year. An Elder noted that community members also used to trap in the Grande Cache region.
Elder Shirley Rabbit explained that skunk glands can be harvested and used as medicine to treat a broad spectrum of respiratory ailments. The gland is carefully stored in a glass jar and the medicine is administered by squeezing a droplet into tea or water or placed directly on the tongue. Although the odour is quite potent the medicine itself is tasteless. Beaver glands can also be used in a similar way and from is added to herbal smudges.
TABLE 5-5
TRAPPING SITES IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 113 km northwest of RK 335 Trapping near Grande Cache Historic None 56 km south of RK 156 Trapline near Lodgepole Historic None
No trapping sites were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for trapping sites by Montana First Nation.
5.1.8 Gathering Places Montana First Nation identified nine gathering places during the TLU study for the proposed Project, detailed in Table 5-6.
An Elder identified a former gathering site west and south of Duhamel near the border of Camrose County where she went to festivals as a child. A community member reported that people would commonly gather and camp at Buck Lake during the summer. Since people were nomadic, there was no particular spot people would camp at the lake in summer, so they gathered wherever there were an abundance of resources such as wildlife, plants, berries and fish. A community member noted that Medicine Lake, just south of Buck Lake, is another region where people gathered in summer months due to the abundance of subsistence resources available. Lac Ste. Anne is an annual gathering place for many Aboriginal groups including Montana First Nation. The annual gathering occurs in July. Elder Melvin Potts noted that the region around Kapasiwin was a commonly used resting place for travellers. He remarked that Kapasiwin means resting place in Cree.
Elder Melvin Potts reported that Pigeon Lake was a gathering place used year-round (Plate 4). Elder Alice Currie noted that the road to Ma-me-o Beach used to be just a wagon trail and only a few native people lived there. She recalled that, as a child in the 1930s and 1940s, her family travelled around the Pigeon Lake region using horses for transportation and tents for lodging, while her father looked for work in camps. Elder Henry Strawhat shared a story about Ma-me-o Beach that has been told for generations:
“A First Nations woman came down to Ma-me-o Beach to draw water and as she knelt down, the waters parted and she saw a black horse running through the lake. The woman was scared of the horse because it was a dark spirit, but her parents made her return to the lake to collect water. One day, the black horse took the woman and she was turned into a horse. Elder Henry Currie noted that, to this day, people still talk about two horses in the waters of this lake.”
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Plate 4 Lake access to Pigeon Lake.
Elder Darlene Smallface and a community member also recounted how when they were young their families would travel by wagon to Pigeon Lake in the summer for recreation. The trip from Maskwacis to Pigeon Lake took several days and that they would camp at the lake for a few days.
TABLE 5-6
GATHERING PLACES IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 40 km southeast of RK 20 Gathering site and old festival grounds southwest of Duhamel at the edge Past None of Camrose County. 53 km south of RK 73.5 Camping and berry picking at Pigeon Lake Past None 102 km south of RK 82 Camping and berry picking around Rimbey. Past None 13.5 km north of RK 95 Camping and harvesting at Lac Ste. Anne Current None 11U 669442 5951999 Lac Ste. Anne pilgrimage site Current None Gathering place - Buck Lake Historic and None current Gathering place - Medicine Lake Historic None 87 km south of AK 31 Gathering place - Sharphead Historic None Gathering place - Kapasiwin Historic None
No gathering places were identified within the proposed pipeline corridor during the TLU study and no mitigation was requested for gathering places by Montana First Nation
5.1.9 Sacred Areas Montana First Nation identified four sacred areas during the TLU study for the proposed Project, detailed in Table 5-7.
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There is a large shrine at Lac Ste. Anne and every year in July thousands of Catholics from Alberta, and around the world come to the lake to pray and to be healed by the lake’s waters (Plate 5). Elder Roseanna Cattleman remembered visiting the site as a young girl. Elder Alice Currie also recalled travelling to the lake when she was six years old to see the pilgrimage. She said that farmers from Ponoka would transport groups of people to the lake in high-sided, three-tonne trucks for a small price, noting that this was how many people from Maskwacis would get to Lac Ste. Anne. She also thought that the pilgrimage had always been more for people from Alexis Nakota Sioux Nation and Paul First Nation, and noted that more community members from Montana First Nation made the pilgrimage historically. Elder Rose Pipestem said that she was there last summer, only to observe as she is not Catholic. Elders know many people in the region who still participate in the annual pilgrimage.
Plate 5 Crew photo at Lac Ste. Anne Pilgrimage Site. Left to right (back row): Henry Strawhat, Jason Currie, Lance Rabbit Sr., Elder Melvin Rabbit, Elder Charles Starr, Peter Andreasen, Chris Menzies, Brad Lapham and Elder Bernadette Standing on the Road. Left to right (front row): Henry Rabbit, Elder Rose Pipestem, Elder Emma Rabbit, Elder Alice Currie, Elder Marry Rabbit, Elder Roseanna Cattleman, Elder Bettie Currie, Elder Esther Mackinaw, Chief Darrell Strongman Sr. and Elder Byron Mackinaw. Elder Charles Starr described the vision quest as a solitary venture into the wilderness for four days and four nights. During a vision quest participants fast and abstain from drinking water. By the fourth day the participant is hungry and thirsty, but the participant’s persistence is rewarded with spiritual knowledge. The Elder remembered his own vision quest in the past.
Elders Shirley Rabbit and Byron Makinaw explained that during the early decades of the twentieth century First Nations were banned from gathering and holding ceremonies, including sweats and Sundance ceremonies because the governments were concerned about potential uprisings and rebellions. They noted that the ceremonies were continued and were held secretly by First Nations. There are different ceremonies held at different times of year for different purposes. For instance, the Sundance is an annual gathering that takes place during the summer and the Trade Dance is held in January. Winter was traditionally the time of year when Elders would instruct younger community members by sharing stories and legends.
Elder Emma Rabbit discussed the Sundance ceremony. Emma began to dance during the Sundance when she was 17 years old and took part as often as she could. Participation in a traditional Sundance occurs over three to four days, during which a person fasts only sleeps on a small pad. Today, people do not participate to this level; they come and go, eat, and in some cases bring mattresses. The purpose of the Sundance varies, although it is often to try and help someone who is unwell. A Sundance will only work for people who truly believe; just going to a Sundance to watch will not accomplish anything. There are
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Sundance grounds on the Montana IR No. 139 that are not used anymore; however, there are still structures and cloth hanging from past use. A Sundance structure is like a large tent constructed with tree trunks. During a Sundance, prayer flags are hung from tree branches, each containing an offering and a prayer. Sundance grounds are made a sacred by Elders and are used only for Sundance ceremonies. The Elders that knew the traditional ways of the Sundance are all gone now. Nowadays, Sundance ceremonies are not held at Montana First Nation so if a person wants to attend one they must travel. People used to stay in tipis when attending Sundance ceremonies, but now that they have trailers and RVs, tipis are rarely seen anymore. Emma used to go to Sundance ceremonies in Saskatchewan, but she did not go this year. She feels the Sundance is an important part of their culture that is being lost. Elder Shirley Rabbit explained that a person can only enter onto Sundance grounds with plenty of smudging and prayer. She shared a story of youth who had started playing in the Sundance grounds on Montana IR No. 139 and had seen the ghost of a Cree warrior on horseback. The youth later learned that the area had seen many battles between the Cree and the Blackfoot. Shirley also explained that the old ceremonies are starting to come back after decades of being banned by the government. She noted that the ban on ceremonies really hurt relations between white people and First Nations; before ceremonies were banned, many local white farmers would bring offerings to the Sundance.
Elder Shirley Rabbit shared knowledge about the traditional sweat lodge ceremony. Sweats are ceremonies that are held frequently in the community during all seasons. Sweats are available to anyone; however, participants must be personally invited to a sweat by the person hosting the sweat. Sweat lodges cannot be built by just anyone the responsibility for building a sweat lodge is given to individuals by an Elder or through a vision. If a person is granted the right to build a sweat lodge they have a responsibility to uphold the values and traditions that the sweat lodge represents. For instance, kindness is a quality that would help qualify a person to gain the knowledge on how to build a sweat lodge and host a sweat. Elder Emma Rabbit spoke about the sweat lodge in her backyard. She uses sweats as a form of prayer to God. Every two to four weeks she sweats with her daughter, her nephew or by herself. Emma feels that many people do not know the traditional ways like she does since she did not go to school and her father taught his children the old ways. She tries to teach her daughter and nephew the old ways so that when she is gone her daughter will be able to continue with the traditions.
Elders Alice Currie and Rose Pipestem discussed the Chicken Dance, indicating that the costumes, which can cost up to $1500, are all handmade by the dancers and that the headdresses are made of porcupine quills.
Elder Esther Mackinaw shared that her granddaughter is about to turn one and they will have a Tea Dance to celebrate the birthday. Esther explained that in the past, many children did not make it to their first birthday so it was celebrated when they did. She remarked that many people do not do this anymore but her family still does. She added that they will also have a Tea Dance for her late father on the one year anniversary of his death to celebrate his life.
Elder Maria Rabbit shared a story about when she was a little girl during the Great Depression. The temperature was so hot and the land was so dry that grass fires were common. She recalled playing in the ashes on the ground. At this time, ceremonies were illegal; however, conditions were so desperate that the Indian Agents allowed the community to gather for a Sun Dance. The rains came shortly after the ceremony. Due to this event, the community believed that the Great Depression was caused in part by the Government of Canada’s actions to make First Nations gatherings and ceremonies illegal.
The crew visited a cemetery on the shores of Pigeon Lake. Tobacco was placed at the cemetery site to communicate with the spirits and to pay respect to those laid to rest there. Elder Henry Rabbit said a prayer, thanking the spirits and informing them of the intention to do a study at the site. Elder Alice Currie noted that people had always been buried at this site; however, some graves had been relocated due to bank erosion. She added that the cemetery was not originally constructed so close to the water, but that the widening of the road partially disturbed some existing graves.
A discussion was held about traditional wake ceremonies and inheritance. Jason Currie explained that, traditionally, when a person passes away, the oldest male on the paternal side receives their belongings. If a person does not have a son the oldest nephew or grandson of the deceased receives the person’s belongings. Ceremonial and spiritual regalia is handled differently. A ceremonial pipe is passed on to a responsible spiritual person with good qualities and intentions because the pipe is a spiritual vessel that is
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cared for by the pipe holder. Elder Shirley Rabbit noted that new pipes are crafted when older pipes are worn out and have served their purpose. Elder Darlene Smallface shared that the smoke from her cigarette was a vessel to communicate with spirits and noted that on some occasions her smoke would grow. She believed that, when this occurred, her late husband was smoking with her.
Elder Shirley Rabbit explained that grave sites were traditionally selected based on their location relative to a trail or travelway. On occasion, grave sites were located in scenic locations, such as alongside a lake. When asked about protocol for the order of people paying respects to a deceased person during a wake, Jason Currie explained that usually immediate family and Elders are the first people to pay their respects at a wake. A procession of people is formed and the community members visit the body of the deceased individual in a clockwise fashion. Byron Mackinaw explained that in Montana First Nation tradition the bodies of deceased people are smudged with sweet grass, sweet pine or fungus to cleanse them. Those who attend the wake of a deceased person are smudged to cleanse their bodies before touching the deceased person’s body.
The crew visited the burial site at Sharphead. Elder Charles Starr asked that tobacco be placed at the grave site. Elders Charles Starr, Alice Currie, Phyllis Potts and Mary Rabbit shared the history of the Sharphead burial site. Many First Nations people were killed in the late 19th and early 20th centuries by poisoned food rations from the government. Their bodies were laid to rest in a mass grave in a field and in 1963 they were accidentally exhumed by a local farmer. The exhumed bodies were stored and displayed at the University of Alberta until October 18, 2014, when, after over 30 years of negotiations to determine where to rebury the remains, they were laid to rest at the Sharphead site, a plot of land that was purchased by the Government of Alberta. Representatives from Enoch Cree Nation, Samson Cree Nation, Blood Tribe, Siksika First Nation, Piiikani First Nation, Louis Bull Tribe, Ermineskin Cree Nation, Montana First Nation, Bearspaw First Nation, Chiniki First Nation and Wesley First Nation were present during the reburial ceremonies. Elder Charles Starr explained that the pipe ceremony that took place during the reburials involved Elders smudging, laying tobacco and saying prayers. The ceremonies lifted a burden off his shoulders and were very important in moving the spirits of the deceased on to the next world and returning dignity to those whose remains had been publicly displayed at the University of Alberta.
TABLE 5-7
SACRED AREAS IDENTIFIED BY MONTANA FIRST NATION
Approximate Distance and Requested Direction from Project Site Description Age Mitigation 85 km south of RK 25 Burial site on the southwest corner of the Montana IR 139 Past Avoidance 96 km south of RK 46 Sharp Head burial site near Battle River Current Avoidance 53 km south of RK 73.5 Unmarked cemetery on east side of Pigeon Lake. Past Avoidance 13.5 km north of RK 95 Pilgrimage site at Lac Ste. Anne. Current Avoidance
No sacred areas were identified within the proposed pipeline corridor during the TLU study. However, Montana First Nation requested the avoidance of four sacred areas. The sacred areas listed above in Table 5-7 will be avoided with the current alignment of the proposed pipeline corridor.
5.1.10 Non-Traditional Land Uses Some Elders expressed concern that many drivers use the roads through the reserve to bypass weigh scales on the highway. The community has no control over traffic.
5.1.11 Socio-Economic Considerations Elder Mary Rabbit explained that tobacco should be given before information is shared.
Elders and community members stressed the importance of the Cree language, cultural traditions and ceremonies being preserved and passed on to the youth. Many believe that a cultural centre would allow these practices to continue taking place and would allow the youth to learn these practices so that they continue to practice them in the future. Elder Laurence Standing on the Road expressed interest in having Trans Mountain partnering with Montana First Nation to develop a cultural building that could be used for
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Elder gatherings, wakes and ceremonies. He would like a place where the youth could be taught about their culture and where photos of the past and present could be displayed. His vision consists of a place for youth and Elders that supports all aspects of community. Some believe there is a need for a greater sense of connection and friendship amongst community members of the First Nations in Maskwacis. Others suggest there is a need for programming to bring the youth together and keep them out of trouble. Elders Emma Rabbit and Mariah Rabbit said that they go to a program in Maskwacis called “Living Skills.” At this program they speak Cree with two translators who record and transcribe their conversations into Western Cree syllabics. This information will eventually be added to an online resource for a Cree language education project. They also reported that there is a project underway at the Montana School, Meskanahk Ka Nipa Wit School, in association with the University of Alberta, to create a book to help teach Cree. Elder Emma Rabbit explained that there are seven Cree language dialects and that Plains Cree is the dialect spoken by Montana First Nation. She added that when the oil boom started in the 1950s and communications between Montana First Nation and businesses increased, many community members lost incentive to learn Cree because all business was conducted in English. Elder Mariah Rabbit is one of only a handful of Elders who speak only Cree and these Elders are considered invaluable to their community.
Community members believe there is potential to improve the educational programs for youth in the community. They believe that with more education the youth will have more choices in life and that with training and job opportunities they will prosper in the future. Some expressed interest in scholarships and funding for training programs in the community, particularly training that could be applied to multiple industries and not just this project. Elder Phyllis Potts explained that her daughter was going to be finishing a degree soon and returning home. She added that many youth leave home to pursue education. She noted that the Band Office offers training courses. For example a welding course was currently being offered; however, the problem is that once people have their tickets they have to leave the reserve to find jobs which pay a good wage. Elder Henry Rabbit said that the Band Office used to have really good programs for job preparation, but they are no longer offered due to a lack of funding. He added that people who return to the reserve after leaving for education often get caught up in the old routine of using drugs and alcohol.
On one hand, Elders and community members expressed concerns about the lack of work in the community. They said that people who want to work have to leave the community. Many people do not have cars or transportation to leave and some of these people then have unhealthy lifestyles. Some suggested that the lack of economic opportunities is the root cause of many of the problems in the community and that the overall health and security of the community has been declining. Elders Emma Rabbit, Esther Mackinaw and Bernadette Standing On The Road explained that the youth in their community feel that they do not have a future, even at a young age. They indicated that a program, like a shuttle to get people to work, could really help those who want to work, but who are unable to secure transportation to and from work.
On the other hand, Elder Shirley Rabbit and Jason Currie reported that they are most proud of the sense of togetherness and cooperation among Montana First Nation community members. Spirituality and ceremony make Montana First Nation unique because many of the community members practice spirituality. Jason Currie is also proud of the annual Christmas party that is held by Montana First Nation. Over two-thirds of community members gather to take part in activities, draws, door prizes and a catered feast. Last year the party featured a live band, an ugly sweater contest and an open microphone where community members encouraged each other to share jokes. The Christmas party is a good example of the community’s goodwill toward one another.
Elder Melvin Potts shared that the borders of the territory of the Four Nations of Maskwacis (Samson Cree Nation, Ermineskin Cree Nation, Montana First Nation and Louis Bull Tribe) were traditionally defined by the four lakes, Pigeon Lake, Buffalo Lake, Gull Lake and Driedmeat Lake. Elder Ester Mackinaw suggested there should be land regulations and management on reserve lands to protect the available resources. She said, “When the land is protected, we are protected”. Chief Darrell Strongman Sr. suggested that before construction begins a group of Elders should be asked to perform a ceremony for all of the disturbances which will be caused by the construction. Elder Derek Eugene Buffalo would like Elders to be taken to the construction site to show them the equipment and machinery. He would also like workers to be provided with additional information concerning safety measures and required personal protective equipment.
Elder Alice Currie explained that there are items that women cannot touch; she thinks this is wrong but she respects the tradition because it is what her father taught her and she loved her father. Only the men are
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allowed to touch the drums and the peace pipe. Men still make traditional drums, using tanned deerskin, and they are given to men of leadership and virtue in the community. Alice noted that one of her sons has been given four drums and that was a great honour. Alice shared a story about how when children are fussy, crying and will not go to sleep at bedtime their fathers use a drum and sing the old songs to them.
Elder Alice Currie spoke about her late husband who was Chief in 1967. She said it was a great honour to be Chief back then as the political situation was much different. The White paper had been released and Aboriginal rights were being discussed by Aboriginals in a way never seen before. Her husband worked closely with Harold Cardinal and they travelled all over Canada together. Her husband would get so excited that he would wake her up in the middle of the night to discuss and write down ideas. Elder Alice Currie explained that Chief Darrell Strongman would be inaugurated before December 5, 2014, adding that when a person becomes Chief they receive a new set of buckskins and an eagle feather headdress. She noted that men in the community make the headdress and that they must love the headdress while they are making it or else it will have no meaning. To collect eagle feathers for the headdress a special permit must be issued from the government. She recalled that when she was young, she often helped her father-in-law with the beadwork on the headdresses. When she was really young, she recalled that people dyed porcupine quills in place of beads. Elder Rose Pipestem explained that headdresses are very rare and only given to a chief in front of the entire community. The headdress is imbued with symbolic meaning and represents leadership. The buckskins given to a chief are often purchased outside of the community because moose hide is difficult to procure. Elder Alice Currie indicated that they often buy buckskins from the bands near Fort McMurray, adding that a full beaded buckskin hide is sold for $400-$500.
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6.0 SUMMARY OF RECOMMENDATIONS AND OUTSTANDING ISSUES The TLU study in 2013 and 2014 consisted of a map review, community interviews and field reconnaissance with Montana First Nation. The TLU study did not reveal any TLU sites requiring mitigation as requested by Montana First Nation. The issues identified by Montana First Nation through their TLU study for the Project are summarized below in Table 6-1. Mitigation measure requests associated with these concerns have been communicated to Trans Mountain and considered in Project planning.
TABLE 6-1
SUMMARY OF ISSUES/CONCERNS AND SITE-SPECIFIC MITIGATION
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concern about dust from Project Footprint gravel roads affecting the environment Concern about the Project Footprint Trans Mountain is fully committed to environmental management, protection and stewardship of decline of traditional the land during the construction and operations of all its facilities. activities in the community A comprehensive ESA has been completed for the Project. Over 30 types of environmental surveys Concern that sacred 53 km south of RK 73.5 have been completed by local and regional biologists and resource specialists in support of the sites and gravesites will ESA. Traditional use sites have been identified and assessed as part of this Project. be disturbed by the proposed Project. Pipeline construction is a sequential series of activities, which do not remain in one area for an extended period of time. EPPs and Environmental Alignment Sheets form part of the Application Unmarked cemetery on submitted to the NEB, and provide mitigation strategies to help avoid or minimize environmental east side of Pigeon Lake. effects from construction. Elders are concerned about erosion and The Pipeline and Facilities EPPs and Environmental Alignment Sheets can be found in Volumes collapse of graves. 6B, 6C, and 6E of the Trans Mountain Application, respectively. Concern about the Project Footprint contamination of Trans Mountain will work with Aboriginal communities to develop strategies to most effectively traditional use sites communicate the construction schedule and work areas to its members. Concern about the Project Footprint Trans Mountain will implement the Reclamation Management Plan (Appendix C of Volume 6B) decline of berries and the of the Trans Mountain Application that includes construction reclamation measures to be effects of development implemented prior to, during and following pipeline installation in order stabilize and revegetate on traditional plant affected lands that in time achieve land productivity along the right-of-way equivalent to the sources adjacent land use and ensuring the ability of the land to support various land uses to the extent feasible for an operating pipeline.
Trans Mountain will work with Aboriginal communities to develop strategies to most effectively communicate the construction schedule and work areas to community members.
Trans Mountain will utilize an Integrated Vegetation Management (IVM) approach to carry out problem vegetation management practices for the Project and to meet the overall objectives of IVM for all Trans Mountain pipelines and facilities. Trans Mountain will consult with the public, adjacent landowners and Aboriginal communities affected by the Project regarding problem vegetation management and methods of treatment. IVM is an adaptive management process involving the use of various methods in a cost-effective and responsible manner to reduce the use of herbicides, promote healthy ecosystems, provide measurable results and facilitate better management of problem vegetation. The Weed and Vegetation Management Plan will address non-chemical, cultural and chemical techniques for problem vegetation management along the construction right-of-way through recommendations of vegetation management procedures, which include: timing considerations; select methods and equipment; and specific vegetation management procedures based on prevention, identification, monitoring, treatment thresholds, vegetation management options and post treatment evaluation considerations.
Further discussion is provided under vegetation in Section 7.2.9 of Volume 5B of the Application. Mitigation measures for vegetation are outlined in the Pipeline EPP (Volume 6B of the Application.
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TABLE 6-1 Cont’d
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concern about the Project Footprint In the unlikely event of a pipeline or facility release to land, local, provincial and/or federal decline of wildlife and regulatory authorities can implement controls or issue advisories to protect public health under effects of contamination the authority vested in ordinances, acts and/or regulations under which the agencies operate. of the land and water on Examples of such controls include forced evacuation of neighbourhoods, restricted access to wildlife neighbourhoods, road closures and the issuance of food consumption advisories. These measures will act to reduce the potential opportunities for exposure of people to the chemicals released as a result of a spill. In addition, controls that limit the migration of a crude oil spill would be implemented where practical, followed by remediation and reclamation activities to restore impacted lands to equivalent ecological function prior to the release. Finally, sampling and monitoring may be required to confirm residual risks are below acceptable levels.
A discussion on the probability and consequences of a pipeline spill is provided in Section 3.0 of Volume 7 in the Application. The environmental effects of a large crude oil spill to agricultural or forested land would undoubtedly be substantial. However, unless there was a unique environmental feature such as critical habitat for an endangered mammal, bird, or plant species present, the environmental effects would generally be localized, reversible through the spill response and clean-up process, and affect only a small area of land in the context of the larger ecoregion within which effects would occur. A summary of the potential effects of land based spills is provided in Section 3.5 of Technical Report 7-1 Qualitative Risk Assessment of Pipeline Spills in Volume 7 of the Application.
Potential environmental effects from oil spills to the terrestrial environment are discussed in Section 3.0 Technical Report 7-1 Qualitative Ecological Risk Assessment for Pipeline Spills in Volume 7 of the Application. Further details regarding the controls that can be implemented or advisories that can be issued by the local, provincial and/or federal authorities are provided in Section 3.0 of Technical Report 7-3 Qualitative Human Health Risk Assessment in Volume 7 of the Application and in the Human Health Risk Assessment of Pipeline Spills filed with the NEB in June 2014.
Pipeline safety is Trans Mountain’s top priority. Dedicated staff work to maintain pipeline integrity through Trans Mountain’s maintenance, inspection, and awareness programs.
Trans Mountain has comprehensive spill response plans in place for the Trans Mountain pipeline and facilities. These plans are constantly being updated to keep them current and are regularly practiced through deployment exercises. While the specific strategies used in response to a spill will vary depending on the circumstances, the primary objectives in all cases are to ensure safety and to minimize environmental damage.
A comprehensive ESA has been completed for the Project. Over 30 types of environmental surveys, including aquatics and forests, have been completed by local and regional biologists and resource specialists in support of the ESA. Concerns were Project Footprint In the unlikely event of a pipeline or facility release to a freshwater environment, local, provincial expressed about effects and/or federal authorities will implement controls or issue advisories to protect public health. of a spill on water Examples of such controls include closure of commercial and recreational fisheries, beach systems along the closures, forced evacuation of people off-shore and/or on-shore if public health and safety are pipelines threatened, and the issuance of fish. In this regard, once a spill has occurred, Fisheries and Concerns were 53 km south of RK 73.5 Oceans Canada (DFO) is notified. DFO along with other regulatory authorities such as expressed about Environment Canada and the Canadian Food Inspection Agency will assess the spill and, based potential effects of a spill on its location, size and the potential opportunities for people to be exposed to the oil through in Pigeon Lake different exposure pathways, will determine the types of added control measures, if any, that may
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TABLE 6-1 Cont’d
Approximate Distance and Direction Trans Mountain Proposed Details from Project Mitigation Measures1 Concerns were 14 km north of RK 91.8 be necessary. These measures will reduce the potential opportunities for exposure of people to expressed about the chemicals released during a spill through secondary pathways on a long-term basis. potential effects of a spill in Lac Ste. Anne. As well, monitoring programs may be initiated to track both the movement of the oil slick itself as well as the presence of any spill-related chemical residues in different environmental media, including the water column, soils and/or sediment, and extending to fish and other possible foodstuffs if necessary to protect public health. The results of the monitoring program(s) will be used, in part, to guide decision-making opposite the need for control measures such as fisheries closures, beach closures and/or food advisories. These controls will remain in place until the results of the monitoring program(s) indicate that public health and safety is no longer threatened. The implementation of the monitoring programs and introduction of such control measures will serve to reduce the opportunities for exposure of the public to the chemicals, especially any exposures that could be received through secondary pathways on a longer-term basis.
A discussion on the probability and consequences of a pipeline spill is provided in Section 3.0 of Volume 7 of the Application (Filing ID). Biological effects of oil spills to freshwater environments vary widely in relation to the characteristics of spilled oil, physical dimensions and characteristics of receiving waters, season, and other factors. Based on the results of the Ecological Risk Assessment, it is clear a crude oil spill into a freshwater environment could have substantial negative environmental effects that could be long-lasting if not effectively remediated. This confirms that the primary focus of spill prevention and response activities must always be to reduce the probability of an oil spill to be as low as reasonably practical, and to have adequate spill response plans and procedures in place.
An evaluation of the potential range of ecological effects resulting from hypothetical oil spills to aquatic environments is provided in Section 6.0 and 7.0 of Volume 7 of the Application, and in Technical Report 7-1 Qualitative Ecological Risk Assessment for Pipeline Spills in Volume 7 of the Application.
Further details regarding the controls that can be implemented or advisories that can be issued by the local, provincial and/or federal authorities are provided in Section 3.0 of Technical Report 7-3 Qualitative Human Health Risk Assessment in Volume 7 of the Application, and in the Human Health Risk Assessment of Pipeline Spills filed with the NEB in June 2014. Concern expressed Project Footprint about employment and opportunities for the involvement of local people on the proposed Project. Note: 1 Detailed mitigation measures are outlined in the Project-specific EPP (Volumes 6B, 6C and 6D).
In the event that TLU sites within the proposed pipeline corridor requiring mitigation are identified during ongoing TLU studies for the Project and/or during construction, the accepted and proven mitigation strategies outlined in the TLU Sites Discovery Contingency Plan will be implemented (Appendix B of Volumes 6B and 6C).
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7.0 REFERENCES 7.1 Literature Cited Montana First Nation. 2013. Montana First Nation History. Website: http://www.montanafirstnation.com/about.html. Accessed: April 2013.
7.2 GIS and Mapping References Alberta Tourism, Parks and Recreation - Parks Division. 2012. Protected Areas (pashape_ocsites_10tm) (digital file). Edmonton, AB. Available: http://albertaparks.ca/albertaparksca/library/downloadable- data-sets.aspx. Acquired: February 2013. Last Update Check: May 14, 2013.
AltaLIS. 2013. Alberta Municipal Boundaries (digital file). Calgary, AB. Available: http://www.altalis.com. Acquired: September 2013. Last Update Check: October 1, 2013.
ESRI. 2005. US States (digital data). Redlands, CA. Available: http://www.esri.com/data/data-maps, data came with ArcGIS software. Acquired: September 2006. Last update check: N/A
Government of Canada. 2013. Aboriginal Lands, Canada (digital file). Edmonton, AB. Available: http://www.geobase.ca. Acquired: November 2013. Last Update Check: November 7, 2013.
IHS Inc. 2004. IHS Hydro Line Data (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: June 2011. Last Update Check: October 23, 2013.
IHS Inc. 2004. IHS Hydro Region Data (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: June 2011. Last Update Check: October 23, 2013.
Kinder Morgan Canada. 2012. Baseline Routing (digital file). Calgary, AB. Received via FTP. Acquired: May 9, 2012. Last Update Check: N/A.
NASA Geospatial Interoperability Program. 2005. Landsat7 Panchromatic Mosaic Imagery (digital file). Available: http://onearth.jpl.nasa.gov. Acquired: January 2007.
Natural Resources Canada. 2003. Canadian Geographical Names (digital file). Ottawa, ON. Available: http://geobase.ca/geobase/en/data/cgn/index.html. Acquired: December 2011. Last Update Check: December 2011.
Natural Resources Canada. 2013. National Road Network – Alberta (digital file). Sherbrooke, QC. Available: http://www.geobase.ca/geobase/en/data/nrn/index.html. Acquired: June 2013. Last Update Check: September 6, 2013.
Natural Resources Canada. 2013. National Road Network – British Columbia (digital file). Sherbrooke, QC. Available: http://www.geobase.ca/geobase/en/data/nrn/index.html. Acquired: June 2013. Last Update Check: September 6, 2013.
United States National Imagery and Mapping Agency. 2000. Vector Map Level 0, Digital Chart of the World, Railroads (digital file). Bethesda, MD. Available: http://geoengine.nima.mil/ftpdir/archive/vpf_data/v0noa.tar.gz. Acquired: September 2009. Last Update Check: September 18, 2013.
Universal Pegasus International. 2013. Rev 6 Routing (digital file). Calgary, AB. Received via FTP. Acquired: August 23, 2013. Last Update Check: N/A.
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