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Traditional Land Use Study Report for the Proposed Trans Mountain Pipeline Ulc

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Traditional Land Use Study Report for the Proposed Trans Mountain Pipeline Ulc 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. Page i 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. Page ii 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
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