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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

WABUN TRIBAL COUNCIL

Wabun Tribal Council (WTC) (1080) is a community-driven Regional Chiefs’ Council based in Timmins, Ontario (AANDC 2016a, WTC 2016). Incorporated in 1989 under the Indian and Northern Affairs Canada (INAC) Devolution Policy, Wabun Tribal Council’s primary purpose is to promote self-reliance and deliver federal and provincial government services to its six member First Nation communities: Beaverhouse First Nation, Brunswick House First Nation, Chapleau Ojibwe First Nation, Flying Post First Nation, Matachewan First Nation, and Mattagami First Nation (WTC 2016).

The Wabun Tribal Council is accountable to and receives direction from its six member First Nation communities by way of its Board of Directors (WTC 2016). All of the First Nation communities, except Beaverhouse First Nation, participated in the Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Project (WTC 2015b). Wabun Tribal Council’s role, with respect to the Project, is to coordinate and disseminate information for the five participating First Nation communities, with a focus on “cumulative effects at the regional level” (WTC 2015).

Brunswick House First Nation is located in the Sudbury District of Ontario, 5 km from the town of Chapleau, which is 200 km west of Timmins (BHFN 2009). Brunswick House First Nation has two reserves: Duck Lake 76B (260 ha), near Chapleau, and Mountbatten 76A (9,054 ha) (AANDC 2016b). Duck Lake 76B is 184 km from the Project development area (PDA) and the conversion pipeline, and Mountbatten 76A is 185 km from the PDA and the conversion pipeline.

Chapleau Ojibwe First Nation is located in the Chapleau Township, 2 km south of Chapleau, Ontario (WTC 2015b). Chapleau Ojibwe First Nation has three reserves: Chapleau 61A (67 ha), Chapleau 74 (65 ha), and Chapleau 74A (759 ha) (AANDC 2016c). Chapleau 61A is the closest to the Project and is185 km from the PDA and the conversion pipeline.

Flying Post First Nation has one reserve, Flying Post 73 (5,957 ha), located 40 km southwest of Smooth Rock Falls, Ontario (AANDC 2016d). Flying Post 73 is 76 km from the PDA and the conversion pipeline. The transcript from the oral traditional evidence (OTE) presented by Flying Post First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table.

Matachewan First Nation has one reserve, Matachewan 72 (4,159 ha), located in the Timiskaming District of Ontario, 75 km southeast of Timmins (AANDC 2015e; WTC 2015b). Matachewan 72 is 33 km from the PDA and 27 km from the conversion pipeline. The transcript from the OTE presented by Matachewan First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table.

Mattagami First Nation has one reserve, Mattagami 71 (5,261 ha), located 100 km southwest of Timmins, Ontario; the administrative centre is located in Gogama (AANDC 2015f; WTC 2015b). Mattagami 71 is 101 km from the PDA and 97 km from the conversion pipeline. The transcript from the OTE presented by Mattagami First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table.

LOCATION RELATIVE TO THE PROJECT

The traditional territory of Wabun Tribal Council member First Nations falls within the area covered by Treaty 9 (WTC 2015c). “The site-specific data clearly show that the proposed Project traverses core areas and territory used by Wabun Tribal Council members that are critical to the continued meaningful practice of their traditional mode of life” (WTC 2015b). The study area chosen by Wabun Tribal Council for the traditional land and resource use (TLRU) study was based on the Project footprint (within 250 m), a local study area (within 5 km), and a regional study area (within 25 km) (WTC 2015b).

TLRU INFORMATION SOURCE

Wabun Tribal Council and five of its member First Nations (not including Beaverhouse First Nation) conducted an independent TLRU study with assistance from the Firelight Group Research Cooperative. Data were compiled from previously collected TLRU data, as a well as mapping interviews conducted with 100 Wabun Tribal Council members between January 6 and February 6, 2015. A validation workshop was held with selected Wabun Tribal Council study participants to verify the initial results of the interview process, followed by a presentation to Chief and Council and legal counsel. Overall, the study focused on describing and contextualizing the knowledge, use, occupancy, and interests of member First Nations in relation to the Project, and assessing potential effects from the Project (WTC 2015b). From this study, an interim report was provided in March 2015 (WTC 2015a) and a final report (WTC 2015b) provided in November 2015 by Wabun Tribal Council for use in the regulatory process for the Project.

Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Project (WTC 2015a) and Interim Report for the Wabun Tribal Council Traditional Use Study and Assessment for TransCanada Pipelines Ltd.’s Proposed Energy East Pipeline Project (WTC 2015a) were reviewed and incorporated into Table 11, columns “Traditional Land and Resource Use Information” and “Wabun Tribal Council Mitigation Recommendations.”

KEY TOPICS IDENTIFIED BY WABUN TRIBAL COUNCIL IN RELATION TO THE PROJECT

The following key topics were identified from TLRU information provided by Wabun Tribal Council in relation to the Project (WTC 2015b):

• Potential for the Project to disrupt the ability to practice Aboriginal interests and treaty rights. • Areas of intensive use intersected by the Project include the section from the Eagle Head pump station to the Geraldton pump station and the section from the Smooth Rock Falls pump station to the Marten River pump station. • Potential for environmental, social, economic and health effects on associated Wabun Tribal Council First Nations members’ abilities to carry out traditional and cultural practices due to factors associated with industrial development. • Potential effects from the Project on the surrounding ecosystem due to a pipeline accident or malfunction, and the associated effects on Wabun Tribal Council’s member First Nations’ health and ability to carry out traditional practices.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

• Concern related to water quality, including contamination of watersheds and the potential for Project effects on drinking water in the event of a pipeline accident or malfunction. • Potential for Project and cumulative effects on cultural continuity, and the consequential generational gaps in knowledge, and cultural division and disturbance. • Potential for Project and cumulative effects on travel routes and habitation sites, and disturbance of archaeological, ceremonial, and culturally significant sites. • Concern regarding cumulative effects on water resources and harvesting sites, areas, and activities. • Existing effects to the surrounding ecosystem due to previous development, such as a decreased abundance of aquatic and terrestrial animals and plants, and the effect on ceremonial and spiritual practices.

Wabun Tribal Council has identified 3 sites within the local assessment area (LAA), and 16 sites within the TLRU regional assessment area (RAA). In addition, Wabun Tribal Council has identified 356 sites that may be intersected by the PDA or be located within the TLRU LAA, 446 sites that may be located within the TLRU LAA or RAA, and 874 sites that may be located within the TLRU RAA. As described in Volume 16, Part C1, Section 5.3.2, for the purposes of the TLRU assessment: (1) the PDA is defined as the area of physical disturbance associated with the construction or operation of the Project; (2) the LAA is defined as the area that extends 1 km beyond the PDA; and (3) the RAA is defined as the area that extends 15 km beyond the PDA. Energy East has developed standard mitigation measures, as listed in Table 11, that are expected to effectively address potential effects from the Project on these sites. Energy East is committed to meeting with Wabun Tribal Council to discuss these mitigation measures and determine if additional mitigation measures are required.

Wabun Tribal Council provided an initial characterization of potential effects from the Project to water, fishing, hunting and trapping, gathering of subsistence plants and medicines, and cultural continuity and ceremonial practices; characterizations were provided separately for normal operations and for a failure scenario resulting in an oil spill. The characterization of potential effects from the Project provided by Wabun Tribal Council differs from the residual effects characterization of the TLRU assessment presented in the Project ESA filed in October 2014. Energy East is committed to ongoing engagement with Aboriginal groups regarding Project activities, and is prepared to review the results of the ESA with Wabun Tribal Council.

WTC requested a “full consideration of effects on CEAA 5(1)(c) factors in both the normal course of construction and operations and failure mode scenarios once the above noted studies and review of the ESA by subject matter experts is complete.” WTC noted that, “in keeping with recent requirements by the Canadian Environmental Assessment Agency, this consideration of effects should be conducted independently for each affected First Nations group,” (WTC 2015b).

Wabun Tribal Council noted that, “Extensive hunting, fishing and gathering practices constitute large aspects of Ojibwe culture” (Macfie 1991 as cited in WTC 2015b). Wabun Tribal Council emphasized the importance of cultural continuity and the intergenerational transmission of traditional knowledge, including teaching youth of the importance of historic, sacred, and burial sites, appropriate behaviors, traditional medicines, and ethics in hunting (WTC 2015b).

Wabun Tribal Council emphasized that water is a critical link in maintaining a traditional way of life, specifying the importance of the water systems in the area to its member First Nations. “Water is a foremost concern of WTC members, for both human consumption, travel, and as the foundation of ecosystem health upon which many cultural practices rely” (WTC 2015b). Many members of Wabun Tribal Council expressed particular concern with the Project’s routing over or under waterways associated with traditional and cultural activity (WTC 2015b).

Wabun Tribal Council identified a decreased sense of security in relation to the Project, stating that it could lead to the avoidance of areas within the vicinity of the Project, and therefore reduce the ability to carry out traditional and cultural practices locally (WTC 2015b). “Many WTC members recalled the 2009 and 2011 explosions on the existing pipeline near Englehart and Beardmore respectively, and are alarmed that the consequences would be far greater should the pipeline carry oil rather than natural gas” (WTC 2015b). Wabun Tribal Council is concerned about the likelihood of a pipeline break or leak and stated that monitoring and maintenance on the pipeline are insufficient for prevention of an inevitable oil leak or spill. Wabun Tribal Council expressed doubts regarding the adequacy of the recovery and reclamation in the event of an accident or malfunction (WTC 2015b).

WABUN TRIBAL COUNCIL TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION1 FOR NORTHERN ONTARIO SEGMENT: This segment includes 28 pump stations, permanent access roads, installation of watercourse crossing replacements at the Madawaska and Rideau rivers and mainline valves, realignments around existing TransCanada facilities, and conversion of approximately 1,922 km of existing natural gas pipeline to oil pipeline. The existing pipeline at this segment will remain undisturbed except where there are conversion activities and where new facilities are required. Environmental protection measures for construction are included in the Conversion Segments Environmental Protection Plan (EPP), Temporary Facilities EPP and Pump Station EPP (see Volume 21). This segment also includes seven preliminary camp locations. The existing RoW was not included in the PDA that was assessed as part of the ESA.

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

PROJECT CONTEXT: This segment is in northwest Ontario; Wabun Tribal Council has not identified locations farther than 50 km from the PDA.

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

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

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

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

The approach to identifying additional relevant mitigation measures from the EPP and ESA in Table 11 below is based on the following assumptions:

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

TLRU ASSESSMENT:

The effects considered are as follows:

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

Other categories (e.g., accidents and malfunctions, cumulative effects) that may affect TLRU are also included, based on information provided by Wabun Tribal Council.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

WTC identified the following site-specific The following site-specific use values Traditional Land and Resource In the TLRU assessment, Project effects on WTC requested that a “diet and Energy East acknowledges the request that a “diet and country use values within 250 m, five km and may be intersected by the PDA or be Use (Volume 16 Part C1) hunting, fishing, trapping, plant harvesting, country foods harvest” study be foods harvest” study be conducted with WTC; Energy East will 3 5 25 km of the proposed Project footprint located within the TLRU LAA : Surface Water Resources travel, habitation, and cultural or spiritual conducted with WTC. discuss the recommendations here, as well as any additional as defined in the WTC report4: practices and sites for traditional purposes are • 35 sites associated with water (Volume 15 Part C1) measures with WTC. addressed through consideration of temporary • water Refer to the TLRU mitigation measures listed above this table to • 141 sites associated with fishing Fish and Fish Habitat or permanent loss of hunting areas or mitigate potential effects from the Project on TLRU. Refer to the • fishing (Volume 15 Part C1) • 74 sites associated with hunting and opportunities, temporary or permanent loss of Temporary Facilities EPP, Pump Station EPP, and Conversion • hunting and trapping trapping Vegetation and Wetlands fishing areas or opportunities, temporary or Segments EPP for a list of general mitigation measures that (Volume 15 Part C1) permanent loss of trapping areas or mitigate potential effects pertaining to construction and • gathering medicines and plants, and • 29 sites associated with gathering of opportunities, temporary or permanent loss of Wildlife and Wildlife Habitat maintenance activities in Northern Ontario (see “Project medicines and plants plant harvesting areas or opportunities, • cultural continuity and ceremonial (Volume 15 Part C1) Description for Northern Ontario Segment”) on surface water practices • 77 sites associated with cultural temporary or permanent loss of trails or resources, fish and fish habitat, access to waterbodies used for Human Occupancy and continuity and ceremonial practices travelways, or their use (including navigation), fishing, traditional use plants, wildlife and wildlife habitat, and Areas reported by WTC as being used Resource Use (Volume 16 temporary or permanent loss of habitation lands used for hunting and trapping. most intensively include the area from The following site-specific use values Part C1) sites or their use, temporary or permanent loss Eagle Head pump station to the may be located within the TLRU LAA or of cultural or spiritual practices or sites. Geraldton pump station, and between RAA6: Smooth Rock Falls pump station and In the Consolidated ESA, Project effects on • 38 sites associated with water Marten River pump station. Specifically, the biophysical and socio-economic WTC indicated that a high concentration • 205 sites associated with fishing environment were assessed under the following valued components: surface water of subsistence activities, including • 77 sites associated with hunting and resources, fish and fish habitat; vegetation and “snaring and trapping, medicinal plant trapping gathering, habitation, and sites wetlands; wildlife and wildlife habitat and important for spiritual and social activity” • 31 sites associated with gathering of human occupancy and resource use. occur between the Ramore and Marten medicines and plants With the application of recommended River pump stations. • 95 sites associated with cultural mitigation measures during construction and In addition, WTC reported that TLRU continuity and ceremonial practices operation Project effects on surface water resources, fish and fish habitat, and changes activities are associated with areas in The following site-specific use values 7 in vegetation and wetlands and wildlife and and around the following waterways and could be located within the TLRU RAA : waterbodies: wildlife habitat and lands used for fishing, • 57 sites associated with water hunting and trapping are predicted to be not • Sturge Lake • 344 sites associated with fishing significant over the life of the Project. • Disraeli Lake • 189 sites associated with hunting • Shillabeer Lake and trapping • Muskrat Lake • 65 sites associated with gathering of • Helen Lake medicines and plants • Jessie Lake • 219 sites associated with cultural continuity and ceremonial practices • Lake Jean The Mattagami River, Shillabeer Lake, • Postagoni Lake and the Nipigon River are within the • Parks Lake TLRU LAA. • Partridge Lake

2 The recommendations for mitigation in this column have been provided to Energy East by Aboriginal groups through the results of a TLRU Study or an OTE hearing. Energy East will discuss the recommendations here, as well as any additional measures, with each Aboriginal group. 3 WTC defined the “proposed Project footprint” as a “250 m zone of influence (ZOI) around the industrial footprint” (WTC 2015b); this area is assumed to comprise the PDA and part of the TLRU LAA. 4 Site-specific use values identified on Table 2 in the Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Pipeline Project (WTC 2015b) informed this TLRU Issues and Mitigation Table. 5 For this table, sites and areas identified as being within the TLRU LAA are assumed to be outside the PDA. 6 The numbers of site-specific use values presented on Table 2 of the WTC Final Report are cumulative (i.e., the number of site-specific use values identified within 25 km of the proposed Project footprint also includes sites within five km and within 250 m of the proposed Project footprint). The numbers of site-specific use values presented in this document are not cumulative. 7 For this table, sites and areas identified as being within the TLRU RAA are assumed to be outside the TLRU LAA.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Nipigon River Sesekinika Lake, Helen Lake, Kenogami Lake, Lake Jean, Jessie • Lake Nipigon Lake, Sturge Lake, Partridge Lake, • Lake Superior Postagoni Lake, Disraeli Lake, • Night Hawk Lake Frederick House Lake, Lake Timiskaming, Lake Temagami, • Frederick House Lake Rainbow Lake, Malloch Lake, Lake • Abitibi Lake Nipigon, and the Montreal River are within the TLRU RAA. • Round Lake Round Lake, Abitibi Lake, Muskrat • Sesekinika Lake Lake, Parks Lake, Night Hawk Lake, • Kenogami Lake and Lake Superior are outside the TLRU RAA. • Malloch Lake • Rainbow Lake • Lake Timiskaming • Lake Temagami • Montreal River system • Mattagami River system

WTC stated that water is the “foundation Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to of ecosystem health upon which many Use (Volume 16 Part C1) hunting, fishing, trapping, plant harvesting, mitigate potential effects from the Project on TLRU. Refer to the cultural practices rely (i.e., hunting, Surface Water Resources travel, habitation, and cultural or spiritual Temporary Facilities EPP, Pump Station EPP, and Conversion fishing, plant gathering etc.),” (WTC (Volume 15 Part C1) practices and sites for traditional purposes are Segments EPP for a list of general mitigation measures that 2015b). WTC indicated the importance addressed through consideration of temporary mitigate potential effects pertaining to construction and of unpolluted and uncontaminated water Fish and Fish Habitat or permanent loss of hunting areas or maintenance activities in Northern Ontario (see “Project for supporting wildlife and plants (Volume 15 Part C1) opportunities, temporary or permanent loss of Description for Northern Ontario Segment”) on fish and fish harvested by WTC members. Vegetation and Wetlands fishing areas or opportunities, temporary or habitat, surface water resources, access to waterbodies used WTC noted that the Project will reduce (Volume 15 Part C1) permanent loss of trapping areas or for fishing, traditional use plants, wildlife and wildlife habitat, and opportunities, temporary or permanent loss of lands used for hunting and trapping. the ability and confidence of WTC Wildlife and Wildlife Habitat plant harvesting areas or opportunities, members to consume wildlife, fish and (Volume 15 Part C1) plant resources dependent on water due temporary or permanent loss of trails or Human Occupancy and to fears of potential contamination. travelways, or their use (including navigation), Resource Use (Volume 16 temporary or permanent loss of habitation Part C1) sites or their use, temporary or permanent loss of cultural or spiritual practices or sites. In the Consolidated ESA, Project effects on the biophysical and socio-economic environment were assessed under the following valued components: surface water resources, fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat and human occupancy and resource use. With the application of recommended mitigation measures during construction and operation Project effects on surface water resources, fish and fish habitat, and changes in vegetation and wetlands and wildlife and wildlife habitat and lands used for fishing, hunting and trapping are predicted to be not significant over the life of the Project.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Temporary or Permanent Loss of Hunting Areas or Opportunities WTC identified the importance of having 74 site-specific hunting and trapping Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that healthy wild game available to hunt and values were identified within 250 m of Use (Volume 16 Part C1) hunting for traditional purposes are addressed mitigate potential effects on wildlife and wildlife habitat and land indicated a “strong preference for wild the proposed Project footprint; these through consideration of temporary or Wildlife and Wildlife Habitat used for hunting that pertain to construction and maintenance game rather than domesticated and sites may be intersected by the PDA or (Volume 15 Part C1) permanent loss of hunting areas or activities in Northern Ontario (see “Project Description for store-bought meat for health reasons,” be located within the TLRU LAA. opportunities. Northern Ontario Segment”). (WTC 2015b). Human Occupancy and 77 site-specific hunting and trapping Resource Use (Volume 16 In the wildlife and wildlife habitat assessment, TLRU Animals hunted by WTC members values were identified within five km of moose and white-tailed deer are listed as Part C1) In addition to the TLRU mitigation measures listed above this include moose, beaver, duck, geese, the proposed Project footprint; these species of management concern (SOMCs). table, to mitigate potential effects from the Project of temporary grouse, partridge, rabbit, and deer. sites may be within the TLRU LAA or For selected wildlife species, habitat types or permanent loss of hunting areas or opportunities, the RAA. WTC identified site-specific hunting and (e.g., forested lands) are used to assess the following mitigation could be implemented by Energy East, trapping values within 250 m, five km 189 site-specific hunting and trapping change in habitat availability and change in subject to engagement (see Temporary Facilities EPP, Pump and 25 km of the proposed Project values were identified within 25 km of habitat connectivity. Habitat suitability for Station EPP, and Conversion Segments EPP): footprint, including wildlife kill sites, the proposed Project footprint; these selected wildlife species is determined using • The EPPs include seasonal timing constraints for wildlife and hunting and trapping sites, and quality sites could be located within the TLRU habitat associations (i.e., based on species fisheries resources. These timing constraints are to be habitat sites for hunting and trapping RAA. preference of the habitat types). The change in followed unless otherwise approved by an appropriate species. mortality risk is considered for selected wildlife The Nipigon River is intersected by the regulatory authority. WTC noted that hunting occurs with existing RoW and is within the TLRU species, including game birds, small mammals and migratory birds. • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade “extremely high intensity and frequency” LAA. spoil, rollback) and strung pipe at obvious drainages and along the Nipigon River and its See also the human occupancy and resource Lake Jean, Postagoni Lake and wildlife trails, and to allow for wildlife, livestock and tributaries. use assessment, where the Project effects on Partridge Lake are within the TLRU vehicle/machinery passage across the right-of-way. lands used for hunting are addressed through WTC indicated that hunting occurs east RAA. Parks Lake is outside the TLRU Locations where gaps are appropriate will be determined in consideration of temporary or permanent loss of the Smooth Rock Falls pump station RAA. the field by the Environmental Inspector(s). Gaps should of use for fishing, hunting or trapping. towards the Potter pump station, and Sturge Lake is within the TLRU RAA. align. from the Kirkland Lake pump station to In cases where hunting activities are • All construction traffic will adhere to safety and road closure the Haileybury pump station. Hunting overlapped by both the PDA and the LAA, the regulations. Speed limits will be established as per the traffic was also reported by WTC in a large Project will have an effect on land used for control management plan. Refer to the Traffic Control area east of the Nipigon pump station hunting as well as wildlife habitat within the Management Plan (see EPP). and south of the Jellicoe pump station, PDA and may have an effect on these areas including Lake Jean, Postagoni Lake, within the LAA during construction. During the • Clearly delineate areas that have access restrictions. Parks Lake, and Partridge Lake. life of the Project, the PDA of the facilities and Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access WTC also reported having hunted at access roads will not be available for hunting routes. Sturge Lake. or for wildlife habitat. However, the areas used for hunting or as wildlife habitat outside the • Reclaim disturbed areas following completion of PDA but within the LAA of the facilities and construction; restore access to and use of affected areas not access roads may be affected. Habitat required for permanent facilities. adjacent to the facilities may be affected during operations due to sensory disturbance. • Project personnel are not permitted to hunt on the work site. The Project will not affect lands used for Resource Specific hunting and wildlife species in areas that are located outside of the LAA for the wildlife and There are mitigation measures as outlined below that mitigate wildlife habitat, and human occupancy and potential effects on migratory birds (see Temporary Facilities resource uses assessments. EPP, Pump Station EPP, and Conversion Segments EPP): As determined in the wildlife and wildlife • In the event of vegetation clearing or construction activities habitat assessment in the Consolidated ESA, occurring within the restricted activity period (RAP) for the Project will not threaten the long-term migratory birds (April 10 - August 14). The footprint should viability of wildlife within the RAA. Similarly, for be surveyed by a qualified wildlife biologist for active the human occupancy and resource use migratory bird nests within 7 days of work commencing. assessment, the Project will not change or Follow the Bird Nest Mitigation Plan (see EPP). disrupt current resource use (e.g., hunting) in • Active nests must not be damaged or destroyed. the RAA.

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Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures Construction Prior to construction, mitigation measures include: • Undertake seasonally appropriate surveys to identify key habitat and habitat features (e.g., wetlands, burrows, nests) of SOMC before undertaking construction. During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): • The Contractor will monitor the open trench for trapped wildlife. Should any wildlife be identified, the Contractor will contact the Environmental Inspector(s) and Construction Manager. The Environmental Inspector(s) will contact the appropriate provincial regulatory agency or a Wildlife Resource Specialist, where required, for direction. • If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). • Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the right-of-way or facility site. Firearms are not permitted in Project vehicles, on the right-of-way, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the right-of-way and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

WTC noted that the Project will reduce Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that the ability of WTC members to hunt due Use (Volume 16 Part C1) hunting for traditional purposes are addressed mitigate potential effects on wildlife and wildlife habitat and land to contamination, and displacement of Wildlife and Wildlife Habitat through consideration of temporary or used for hunting that pertain to construction and maintenance wildlife as a result of RoW clearing and (Volume 15 Part C1) permanent loss of hunting areas or activities in Northern Ontario (see “Project Description for associated traffic. opportunities. Northern Ontario Segment”). Human Occupancy and WTC also noted the potential for Resource Use (Volume 16 In the wildlife and wildlife habitat assessment, TLRU increased sensory disturbances for Part C1) habitat types (e.g., forested lands) for selected In addition to the TLRU mitigation measures listed above this WTC members during hunting activities wildlife species are used to assess the change table, to mitigate potential effects from the Project of temporary and disruptions to the ability to travel to Acoustic Environment in habitat availability and change in habitat (Volume 15 Part C1) or permanent loss of hunting areas or opportunities, the and from hunting sites. connectivity. Habitat suitability for selected following mitigation could be implemented by Energy East, wildlife species is determined using habitat subject to engagement (see Temporary Facilities EPP, Pump associations (i.e., based on species Station EPP, and Conversion Segments EPP): preference of the habitat types). The change in mortality risk is considered for selected wildlife • The EPPs include seasonal timing constraints for wildlife and species. fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate See also the human occupancy and resource regulatory authority. use assessment, where the Project effects on lands used for hunting are addressed through • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade consideration of temporary or permanent loss spoil, rollback) and strung pipe at obvious drainages and of use for fishing, hunting or trapping. wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across the right-of-way. Within the PDA, the Project will have an effect Locations where gaps are appropriate will be determined in on lands used for hunting as well as wildlife the field by the Environmental Inspector(s). Gaps should habitat during construction. During the life of align. the Project, the PDA of the facilities and access roads will not be available for hunting • All construction traffic will adhere to safety and road closure or for wildlife habitat. Habitat adjacent to the regulations. Speed limits will be established as per the traffic facilities may be affected during operations control management plan. Refer to the Traffic Control due to sensory disturbance. Management Plan (see EPP). The acoustics assessment examined the • Clearly delineate areas that have access restrictions. change in the existing acoustic environment as Restrict access to essential construction personnel only. a result of pipeline and facility construction. It Direct all other personnel to the RoW via alternate access was assumed that construction activities could routes. result in temporary and localized increases in • Reclaim disturbed areas following completion of noise levels as a result of operation of construction; restore access to and use of affected areas not construction equipment. required for permanent facilities. As determined in the wildlife and wildlife • Project personnel are not permitted to hunt on the work site. habitat assessment in the Consolidated ESA, the Project will not threaten the long-term Construction viability of wildlife within the RAA. Similarly, for Prior to construction, mitigation measures include: the human occupancy and resource use assessment, the Project will not change or • Undertake seasonally appropriate surveys to identify key disrupt current resource use (e.g., hunting) in habitat and habitat features (e.g., wetlands, burrows, nests) the RAA. Similarly, for the acoustics of SOMC before undertaking construction. assessment, Project noise emissions during During construction, mitigation measures include (see the construction were predicted to not exceed the Temporary Facilities EPP, Pump Station EPP, and Conversion recommended thresholds based on guidance Segments EPP): provided by Health Canada. • The Contractor will monitor the open trench for trapped wildlife. Should any wildlife be identified, the Contractor will contact the Environmental Inspector(s) and Construction Manager. The Environmental Inspector(s) will contact the appropriate provincial regulatory agency or a Wildlife Resource Specialist, where required, for direction.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). • Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the RoW or facility site. Firearms are not permitted in Project vehicles, on the RoW, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the RoW and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. The following is a list of best management practices recommended to mitigate noise effects during construction: • Advise nearby residents of major noise-generating activities, and determine if additional mitigation is required, depending on proximity to construction noise sources. • Maintain machinery and noise-abatement equipment in good working order. • Establish a procedure or protocol that addresses concerns in a timely manner. • Work with blasting contractor(s) to review the design and associated mitigation measures to control noise, and to monitor implementation of the blasting program. The need for mitigation depends on the proximity of receptors to the construction activities. For areas where receptors are within the buffer distance, the following additional measures beyond best practices could be employed depending on construction activity and distance from receptors: • Restrict construction activities by adjusting equipment usage (duration and quantity). • Use a vibratory-type pile driver, where practical. • Use an impact-type pile driver that meets a minimum acoustic specification. • Install construction hoarding (e.g., around loud equipment or along the perimeter of the construction area). • Replace standard backup alarms with a broadband alarm. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Temporary or Permanent Loss of Fishing Areas or Opportunities

WTC indicated that fish are a “staple of 141 site-specific fishing values were Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that WTC members’ diets” and expressed a identified within 250 m of the proposed Use (Volume 16 Part C1) fishing for traditional purposes are addressed mitigate potential effects on fish and fish habitat, and access to preference for consuming wild caught Project footprint; these sites may be Fish and Fish Habitat through consideration of temporary or waterbodies used for fishing that pertain to construction and fish, noting the health benefits over intersected by the PDA or be located (Volume 15 Part C1) permanent loss of fishing areas or maintenance activities in Northern Ontario (see “Project store-bought fish. within the TLRU LAA. opportunities. Description for Northern Ontario Segment”). Human Occupancy and WTC explained that fishing occurs 205 site-specific fishing values were Resource Use (Volume 16 In the fish and fish habitat assessment, fish TLRU year-round, with certain species identified within five km of the proposed Part C1) species that can be fished for subsistence are In addition to the TLRU mitigation measures listed above this targeted in different seasons. Fish Project footprint; these sites may be considered under commercial, recreational, table, to mitigate potential effects from the Project of temporary species harvested by WTC include located within the TLRU LAA or RAA. and Aboriginal (CRA) fisheries. Lake Sturgeon or permanent loss of fishing areas or opportunities, the following bass, pike, pickerel, suckers, perch, 344 site-specific fishing values were is listed as a SOMC and is also included under mitigation could be implemented by Energy East, subject to lingcod, whitefish, rainbow trout, identified within 25 km of the proposed CRA fisheries. engagement (see Temporary Facilities EPP, Pump Station EPP speckled trout, lake trout, brook trout, Project footprint; these sites could be Habitat potential for fish species that and Conversion Segments EPP): splake, salmon species, catfish, located within the TLRU RAA. contribute to a CRA fishery in watercourses • Prohibit the use of herbicides within 30 m of an open body of minnows, smelt, sturgeon, herring, rock and waterbodies crossed by the Project is The Nipigon River is intersected by the water, unless the herbicide application is conducted by bass, mooneye, sauger and sheephead. determined through existing information and existing RoW; the Nipigon River is also ground application equipment, or otherwise approved by the WTC identified site-specific fishing field surveys. RAPs are applicable for all within the TLRU LAA. relevant regulatory agency, where applicable. values within 250 m, five km and 25 km species considered for CRA fisheries and are of the proposed Project footprint, Lake Jean, Postagoni Lake and considered in recommended mitigation • The EPPs include seasonal timing constraints for wildlife and including fishing sites, fish habitat and Partridge Lake are within the TLRU measures. fisheries resources. These timing constraints are to be assessment RAA. Parks Lake is outside followed unless otherwise approved by an appropriate spawning grounds. The potential effects from the Project on fish the TLRU RAA. regulatory authority. WTC noted that fishing occurs with and fish habitat are change in fish habitat, “extremely high intensity and frequency” The Mattagami River is intersected by change in fish movement, migration and fish • Adhere to regulations, standards and guidelines for along the Nipigon River and its the existing RoW; the Mattagami River passage, change in fish mortality, and watercourse crossings as outlined in the EPP. is also within the TLRU LAA. tributaries. Fishing was also reported by introduction of deleterious substances on fish • All construction traffic will adhere to safety and road closure WTC in a large area east of the Nipigon Sturge Lake is within the TLRU RAA. habitat. regulations. Speed limits will be established as per the traffic pump station and south of the Jellicoe See also the human occupancy and resource control management plan. Refer to the Traffic Control pump station, including Lake Jean, use assessment, where the Project effects on Management Plan (see EPP). Postagoni Lake, Parks Lake and access to waterbodies used for fishing are Partridge Lake. WTC indicated that • Clearly delineate areas that have access restrictions. addressed through temporary or permanent Restrict access to essential construction personnel only. fishing occurs east of the Smooth Rock loss of use for fishing, hunting, or trapping. Falls pump station towards the Potter Direct all other personnel to the RoW via alternate access pump station, and from the Kirkland In cases where fishing activities are routes. overlapped by both the PDA and the LAA, the Lake pump station to the Haileybury • Reclaim disturbed areas following completion of Project will have an effect on fishing activities pump station. construction; restore access to and use of affected areas not within the PDA, and potentially on fish and fish required for permanent facilities. WTC also reported having fished along habitat, during construction. The Project may the Mattagami River and at Sturge have an effect on fishing activities, and • Create new, temporary portages to allow transport of Lake. potentially fish and fish habitat, within the LAA watercraft around active construction areas. during construction. The Project will not affect • Project personnel are not permitted to fish on the work site. fishing activities and fish species in areas that are located outside of the LAA for the fish and Construction fish habitat, and human occupancy and During construction, mitigation measures include (see Pump resource uses assessments. Station EPP, Temporary Facilities EPP and Conversion As determined in the fish and fish habitat Segments EPP): assessment in the Consolidated ESA, the • Energy East will obtain all applicable permits and/or Project effects on fish and fish habitat are authorizations prior to the commencement of the crossings. predicted to be not significant. Similarly, for the human occupancy and resource use • Postpone watercourse crossing construction if excessive assessment, the Project will not change or flows or flood conditions exist or are anticipated, and if disrupt current resource use (e.g., fishing) in construction methods cannot be modified to cope with the the RAA. increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Post signs immediately following clearing (including name, number and KP) for watercourses. Signs will be posted 100 m from the watercourse or at the top of the valley slope, whichever is greater, to alert the Contractor of the upcoming watercourse. • The Contractor shall develop a detailed site specific watercourse crossing plan and submit the plan to Energy East prior to initiating watercourse crossing activities (for pipeline and road crossing). • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The right-of-way will be narrowed through the riparian area, if possible. • Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. • Implement permanent bank reclamation measures to re-establish riparian vegetation and fish habitat as a part of backfill operations (see Typical Drawings). • No construction activity will occur within the RAP or outside the instream work window of least risk for any watercourse crossing unless: • it is dry or frozen to the bottom at the time of construction; • if trenchless techniques are employed; or • approval from the appropriate regulatory agency is obtained. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • For detailed description for mitigation during construction for fish and fish habitat refer to Section 8.4 (Watercourse Crossings) of the New Pipeline EPP. Other mitigation within Section 8.4 deals with establishment of riparian buffers, direction on grading near waterbodies, and establishment of sediment and erosion control measures, including the Soil and Erosion Control Contingency Plan (see EPP). It also includes mitigation measures for vehicle crossings in both frozen and unfrozen conditions, and mitigation measures for crossing methods (open cut, isolated, and trenchless

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures crossings). Where required (i.e., for an isolated crossing), conduct fish salvage, in accordance with permit conditions, using appropriate methods and equipment. Release all captured fish to areas outside of the work area that provide suitable habitat. A Flood and Excess Flow Contingency Plan (see EPP) is included in the event of flooding or high flow events. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities. • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable.

WTC noted that the Project will reduce Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that the ability of WTC members to fish due Use (Volume 16 Part C1) fishing for traditional purposes are addressed mitigate potential effects on fish and fish habitat, and access to to sensory disturbances, potential Fish and Fish Habitat through consideration of temporary or waterbodies used for fishing that pertain to construction and contamination of fishing sites, and (Volume 15 Part C1) permanent loss of fishing areas or maintenance activities in Northern Ontario (see “Project decreased populations of harvested fish opportunities. Description for Northern Ontario Segment”). Human Occupancy and species. The potential that clearing In the fish and fish habitat assessment, fish TLRU activities will increase sedimentation of Resource Use (Volume 16 Part C1) species that can be fished for subsistence are In addition to the TLRU mitigation measures listed above this waterways and disturb the habitat of fish considered under CRA fisheries. harvested by WTC was also mentioned. Surface Water Resources table, to mitigate potential effects from the Project of temporary (Volume 15 Part C1) Habitat potential for fish species that or permanent loss of fishing areas or opportunities, the following contribute to a CRA fishery in watercourses mitigation could be implemented by Energy East, subject to Acoustic Environment and waterbodies crossed by the Project is engagement (see Temporary Facilities EPP, Pump Station EPP (Volume 15 Part C1) determined through existing information and and Conversion Segments EPP): field surveys. RAPs are applicable for all • Prohibit the use of herbicides within 30 m of an open body of species considered for CRA fisheries and are water, unless the herbicide application is conducted by considered in recommended mitigation ground application equipment, or otherwise approved by the measures. relevant regulatory agency, where applicable. The potential effects from the Project on fish • The EPPs include seasonal timing constraints for wildlife and and fish habitat are change in fish habitat, fisheries resources. These timing constraints are to be change in fish movement, migration and fish followed unless otherwise approved by an appropriate passage, change in fish mortality, and regulatory authority. introduction of deleterious substances on fish habitat. • Adhere to regulations, standards and guidelines for watercourse crossings as outlined in the EPP. See also the human occupancy and resource use assessment, where the Project effects on • All construction traffic will adhere to safety and road closure access to waterbodies used for fishing are regulations. Speed limits will be established as per the traffic addressed through temporary or permanent control management plan. Refer to the Traffic Control loss of use for fishing, hunting, or trapping. Management Plan (see EPP).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures In the surface water resources assessment, • Clearly delineate areas that have access restrictions. the Project effects on surface water resources Restrict access to essential construction personnel only. are change in surface water quality and Direct all other personnel to the RoW via alternate access change in surface water quantity. routes. The acoustics assessment examined the • Reclaim disturbed areas following completion of change in the existing acoustic environment as construction; restore access to and use of affected areas not a result of pipeline and facility construction. It required for permanent facilities. was assumed that construction activities could • Create new, temporary portages to allow transport of result in temporary and localized increases in noise levels as a result of operation of watercraft around active construction areas. construction equipment. • Project personnel are not permitted to fish on the work site. As determined in the fish and fish habitat Construction assessment in the Consolidated ESA, the During construction, mitigation measures include (see Pump Project effects on fish and fish habitat are Station EPP, Temporary Facilities EPP and Conversion predicted to be not significant. Similarly, for the Segments EPP): human occupancy and resource use assessment, the Project will not change or • Energy East will obtain all applicable permits and/or disrupt current resource use (e.g., fishing) in authorizations prior to the commencement of the crossings. the RAA. Similarly, in the surface water • Postpone watercourse crossing construction if excessive resources assessment, the Project will not flows or flood conditions exist or are anticipated, and if result in reductions or degradation of surface construction methods cannot be modified to cope with the water quality and quantity; sustainable flows increased flow, follow the Flood and Excessive Flow will meet present and future use and support Contingency Plan (see EPP). aquatic life. Similarly, for the acoustics assessment, Project noise emissions during • Post signs immediately following clearing (including name, construction were predicted to not exceed the number and KP) for watercourses. Signs will be posted recommended thresholds based on guidance 100 m from the watercourse or at the top of the valley slope, provided by Health Canada. whichever is greater, to alert the Contractor of the upcoming watercourse. • The Contractor shall develop a detailed site specific watercourse crossing plan and submit the plan to Energy East prior to initiating watercourse crossing activities (for pipeline and road crossing). • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The right-of-way will be narrowed through the riparian area, if possible. • Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. • Implement permanent bank reclamation measures to re- establish riparian vegetation and fish habitat as a part of backfill operations (see Typical Drawings).

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • No construction activity will occur within the RAP or outside the instream work window of least risk for any watercourse crossing unless: • it is dry or frozen to the bottom at the time of construction; • if trenchless techniques are employed; or • approval from the appropriate regulatory agency is obtained. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • For detailed description for mitigation during construction for fish and fish habitat refer to Section 8.4 (Watercourse Crossings) of the Conversion Segments EPP. Other mitigation within Section 8.4 deals with establishment of riparian buffers, direction on grading near waterbodies, and establishment of sediment and erosion control measures, including the Soil and Erosion Control Contingency Plan (see EPP). It also includes mitigation measures for vehicle crossings in both frozen and unfrozen conditions, and mitigation measures for crossing methods (open cut, isolated, and trenchless crossings). Where required (i.e., for an isolated crossing), conduct fish salvage, in accordance with permit conditions, using appropriate methods and equipment. Release all captured fish to areas outside of the work area that provide suitable habitat. A Flood and Excess Flow Contingency Plan (see EPP) is included in the event of flooding or high flow events. • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. • Install drainage swales or culverts where permanent and temporary access roads cross wetlands. Maintain cross-drainage to allow water to move from one side of the access road to the other. • Refer to Watercourse Crossings and Recommended Crossing Methods (see EPP Section 8.4). • Ensure maintenance of downstream flow at all times when constructing an isolated crossing. Have contingency equipment (e.g., back-up pumps and hoses) available onsite, and where instream conditions allow, install to allow for rapid deployment if required. • Ensure that ice bridges or snowfills do not interfere with or impede winter flows. • Conduct all hydrostatic testing activities in accordance with the NEB Onshore Pipeline Regulations, provincial regulations, as well as the latest version of CSA Z662.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Leave gaps in windrows, at obvious drainages, on sidehill terrain and wherever seepage occurs to reduce interference with natural drainage patterns. • Runoff from the Project site / access roads shall be directed into stable areas (preferably vegetated), in a controlled manner. Approval is required from the Crown and lessee on Crown Lands or from the landowner or occupant on private land if runoff is directed to off-site areas. Refer to Erosion and Sediment Control Plan (see EPP). • Direct grading away from waterbodies. Do not place fill material in a waterbody during grading. • Fell trees away from watercourses. Immediately remove trees, debris or soil inadvertently deposited below the high watermark of a watercourse. • Install erosion and sediment control at all watercourses and/or waterbodies as directed by the Environmental Inspector(s) (see Typical Drawings). • Where water erosion is evident, and there is potential for runoff from the right-of-way to flow into a watercourse, refer to the Soil Erosion Contingency Plan (See EPP). • Develop water quality monitoring plans to monitor for sediment events during instream construction activities as required by the applicable regulatory approvals. • Refer to EPP- Spill Contingency Plan • Clean-up activities will follow completion of backfill operations as closely as possible. If reclamation is postponed, contact the relevant regulatory agencies and landowners before the initiation of the reclamation activities and notify upon completion, as required. • Refer to EPP- Directional Drilling Procedures and Instream Drilling Mud Release Contingency Plan • Install and remove any temporary vehicle crossings in a manner that protects the banks from erosion and maintains the flow in the waterway. These crossings will be returned to their preconstruction condition. • Pumped trench water is not permitted to flow directly into any watercourse. If water is released onto private land, landowner consent must be acquired prior to release. • Complete machine clean-up immediately following construction, prior to spring break up. If machine clean-up cannot be completed prior to spring break-up, ensure cross right-of-way drainage is re-established, and sedimentation and erosion controls are installed to protect the right-of-way and sensitive environmental features. Final clean-up and reclamation will generally occur during the following fall and/or winter, or as soon as conditions permit. • Install cross ditches and berms on moderately steep and steep slopes on pasture, bush and forested lands in order to prevent runoff along the right-of-way and subsequent erosion. Install berms immediately downslope of all trench breakers (See EPP).

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Excavate entry and exit sites back from the ordinary high watermark and far enough from the watercourse to provide for containment of sediments and other deleterious substances above the high watermark. Vegetation removal for the entry and exit sites is only to occur within the approved construction right-of-way and temporary workspace. • Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. • Ensure that water from dewatering entry and exit sites with a high sediment load is not discharged or allowed to flow into any waterbody. Remove the sediment load (e.g., filtered or discharged into a vegetated area) before discharge water is allowed to enter any watercourse. • Dispose of all waste drilling fluid and drilling solids according to and in conformance with pertinent regulatory requirements. The following is a list of best management practices recommended to mitigate noise effects during construction: • Advise nearby residents of major noise-generating activities, and determine if additional mitigation is required, depending on proximity to construction noise sources. • Maintain machinery and noise-abatement equipment in good working order. • Establish a procedure or protocol that addresses concerns in a timely manner. • Work with blasting contractor(s) to review the design and associated mitigation measures to control noise, and to monitor implementation of the blasting program. The need for mitigation depends on the proximity of receptors to the construction activities. For areas where receptors are within the buffer distance, the following additional measures beyond best practices could be employed depending on construction activity and distance from receptors: • Restrict construction activities by adjusting equipment usage (duration and quantity). • Use a vibratory-type pile driver, where practical. • Use an impact-type pile driver that meets a minimum acoustic specification. • Install construction hoarding (e.g., around loud equipment or along the perimeter of the construction area). • Replace standard backup alarms with a broadband alarm. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable.

Temporary or Permanent Loss of Trapping Areas or Opportunities

Trapping and snaring were reported by 74 site-specific hunting and trapping Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that WTC as important subsistence and values were identified within 250 m of Use (Volume 16 Part C1) trapping for traditional purposes are addressed mitigate potential effects on wildlife and wildlife habitat and land cultural activities even though the the proposed Project footprint; these Human Occupancy and through consideration of temporary or used for trapping that pertain to construction and maintenance economic benefits of trapping have sites may be intersected by the PDA or Resource Use (Volume 16 permanent loss of trapping areas or activities in Northern Ontario (see “Project Description for declined. be located within the TLRU LAA. Part C1) opportunities. Northern Ontario Segment”). Species trapped by WTC include fox, 77 site-specific hunting and trapping Wildlife and Wildlife Habitat In the human occupancy and resource use TLRU weasel, mink, marten, beaver, muskrat, values were identified within five km of (Volume 15 Part C1) assessment, the Project effects on lands used In addition to the TLRU mitigation measures listed above this wolf, lynx and fisher. the proposed Project footprint; these for trapping are addressed through table, to mitigate potential effects from the Project of temporary WTC noted that children regularly snare sites may be located within the TLRU consideration of temporary or permanent loss or permanent loss of trapping areas or opportunities, the animals such as rabbits and partridge, LAA or RAA. of use for fishing, hunting, or trapping. following mitigation could be implemented by Energy East, and that members continue to use pelts 189 site-specific hunting and trapping See also the wildlife and wildlife habitat subject to engagement (see Temporary Facilities EPP, Pump from animals such as marten, beaver, values were identified within 25 km of assessment, where eastern wolf is a SOMC. Station EPP, and Conversion Segments EPP): bear and fox. Castor oil from beaver the proposed Project footprint; these For selected wildlife species, habitat types • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade was reported to be used as a medicine. sites could be located within the TLRU (e.g., forested lands) are used to assess spoil, rollback) and strung pipe at obvious drainages and RAA. WTC identified site-specific hunting and change in habitat availability and change in wildlife trails, and to allow for wildlife, livestock and trapping values within 250 m, five km The Mattagami Reserve is outside the habitat connectivity. Habitat suitability for vehicle/machinery passage across the right-of-way. and 25 km of the proposed Project TLRU RAA. selected wildlife species is determined using Locations where gaps are appropriate will be determined in footprint, including wildlife kill sites, and habitat associations (i.e., based on species the field by the Environmental Inspector(s). Gaps should hunting and trapping sites. preference of the habitat types). As part of the align. The Environmental Inspector(s) will identify and notify WTC also reported trapping near the Consolidated ESA, potential effects on the Contractor of the appropriate locations for gaps. furbearer habitat were indirectly assessed Mattagami Reserve. • All construction traffic will adhere to safety and road closure through the change in area of habitat types. regulations. Speed limits will be established as per the traffic The change in mortality risk is considered for control management plan. Refer to the Traffic Control selected wildlife species. Management Plan (see EPP). In cases where trapping activities are • Clearly delineate areas that have access restrictions. overlapped by both the PDA and the LAA, the Restrict access to essential construction personnel only. Project will have an effect on land used for Direct all other personnel to the RoW via alternate access trapping as well as wildlife habitat within the routes. PDA and may have an effect on these areas within the LAA during construction. During the • Reclaim disturbed areas following completion of life of the Project, the PDA of the facilities and construction; restore access to and use of affected areas not access roads will not be available for trapping required for permanent facilities. or for wildlife habitat. However, the areas used Construction for trapping or as wildlife habitat outside the PDA but within the LAA of the facilities and During construction, mitigation measures include (see the access roads may be affected. Habitat Temporary Facilities EPP, Pump Station EPP, and Conversion adjacent to the facilities may be affected Segments EPP): during operations due to sensory disturbance. • Appropriate signs will be posted along access roads and in The Project will not affect lands used for the vicinity of construction activities to warn general travelers trapping and wildlife species in areas that are of construction dangers. Where and when required (e.g., located outside of the LAA for the wildlife and construction activities potentially interfering with road traffic); wildlife habitat, and human occupancy and staff shall be assigned to direct traffic. resource uses assessments. • Notify registered trappers at least two weeks prior to As determined in the human occupancy and construction. resource use assessment in the Consolidated ESA, the Project will not change or disrupt current resource use (e.g., trapping) in the RAA. During construction, access restrictions

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures could temporarily limit the ability of permit • The Contractor will monitor the open trench for trapped holders to access their traplines. Similarly, for wildlife. Should any wildlife be identified, the Contractor will the wildlife and wildlife habitat assessment, the contact the Environmental Inspector(s) and Construction Project will not threaten the long-term viability Manager. The Environmental Inspector(s) will contact the of wildlife within the RAA. appropriate provincial regulatory agency or a Wildlife Resource Specialist, where required, for direction. • If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). • Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the RoW or facility site. Firearms are not permitted in Project vehicles, on the RoW, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the RoW and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

WTC noted that the Project will reduce Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that the ability of WTC members to trap due Use (Volume 16 Part C1) trapping for traditional purposes are addressed mitigate potential effects on wildlife and wildlife habitat and land to contamination, and displacement of Human Occupancy and through consideration of temporary or used for trapping that pertain to construction and maintenance wildlife as a result of RoW clearing and Resource Use (Volume 16 permanent loss of trapping areas or activities in Northern Ontario (see “Project Description for associated traffic. Part C1) opportunities. Northern Ontario Segment”). WTC also noted the potential for Wildlife and Wildlife Habitat In the human occupancy and resource use TLRU increased sensory disturbances for (Volume 15 Part C1) assessment, the Project effects on lands used In addition to the TLRU mitigation measures listed above this WTC members during trapping activities for trapping are addressed through table, to mitigate potential effects from the Project of temporary and disruptions to the ability to travel to Acoustic Environment consideration of temporary or permanent loss (Volume 15 Part C1) or permanent loss of trapping areas or opportunities, the and from trapping sites. of use for fishing, hunting, or trapping. following mitigation could be implemented by Energy East, See also the wildlife and wildlife habitat subject to engagement (see Temporary Facilities EPP, Pump assessment, where the habitat types (e.g., Station EPP, and Conversion Segments EPP): forested lands) for selected wildlife species, • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade are used to assess the change in habitat spoil, rollback) and strung pipe at obvious drainages and availability and change in habitat connectivity. wildlife trails, and to allow for wildlife, livestock and Habitat suitability for selected wildlife species vehicle/machinery passage across the right-of-way. is determined using habitat associations (i.e., Locations where gaps are appropriate will be determined in based on species preference of the habitat the field by the Environmental Inspector(s). Gaps should types). As part of the Consolidated ESA, align. The Environmental Inspector(s) will identify and notify potential effects on furbearer habitat were the Contractor of the appropriate locations for gaps. indirectly assessed through the change in area of habitat types. The change in mortality risk is • All construction traffic will adhere to safety and road closure considered for selected wildlife species. regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures The acoustics assessment examined the • Clearly delineate areas that have access restrictions. change in the existing acoustic environment as Restrict access to essential construction personnel only. a result of pipeline and facility construction. It Direct all other personnel to the RoW via alternate access was assumed that construction activities could routes. result in temporary and localized increases in • Reclaim disturbed areas following completion of noise levels as a result of operation of construction; restore access to and use of affected areas not construction equipment. required for permanent facilities. Within the PDA, the Project will have an effect Construction on lands used for hunting as well as wildlife habitat during construction. During the life of During construction, mitigation measures include (see the the Project, the PDA of the facilities and Temporary Facilities EPP, Pump Station EPP, and Conversion access roads will not be available for hunting Segments EPP): or for wildlife habitat. Habitat adjacent to the • Appropriate signs will be posted along access roads and in facilities may be affected during operations the vicinity of construction activities to warn general travelers due to sensory disturbance. of construction dangers. Where and when required (e.g., As determined in the human occupancy and construction activities potentially interfering with road traffic); resource use assessment in the Consolidated staff shall be assigned to direct traffic. ESA, the Project will not change or disrupt • Notify registered trappers at least two weeks prior to current resource use (e.g., trapping) in the construction. RAA. Similarly, for the wildlife and wildlife habitat assessment, the Project will not • The Contractor will monitor the open trench for trapped threaten the long-term viability of wildlife within wildlife. Should any wildlife be identified, the Contractor will the RAA. Similarly, for the acoustics contact the Environmental Inspector(s) and Construction assessment, Project noise emissions during Manager. The Environmental Inspector(s) will contact the construction were predicted to not exceed the appropriate provincial regulatory agency or a Wildlife recommended thresholds based on guidance Resource Specialist, where required, for direction. provided by Health Canada. • If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). • Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the RoW or facility site. Firearms are not permitted in Project vehicles, on the RoW, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the RoW and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. The following is a list of best management practices recommended to mitigate noise effects during construction: • Advise nearby residents of major noise-generating activities, and determine if additional mitigation is required, depending on proximity to construction noise sources. • Maintain machinery and noise-abatement equipment in good working order. • Establish a procedure or protocol that addresses concerns in a timely manner. • Work with blasting contractor(s) to review the design and associated mitigation measures to control noise, and to monitor implementation of the blasting program.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures The need for mitigation depends on the proximity of receptors to the construction activities. For areas where receptors are within the buffer distance, the following additional measures beyond best practices could be employed depending on construction activity and distance from receptors: • Restrict construction activities by adjusting equipment usage (duration and quantity). • Use a vibratory-type pile driver, where practical. • Use an impact-type pile driver that meets a minimum acoustic specification. • Install construction hoarding (e.g., around loud equipment or along the perimeter of the construction area). • Replace standard backup alarms with a broadband alarm. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

Temporary or Permanent Loss of Plant Harvesting Areas or Opportunities

WTC indicated that plants are harvested 29 site-specific medicine and Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that for food, medicine, and household use subsistence plant values were identified Use (Volume 16 Part C1) plant harvesting for traditional purposes are mitigate potential effects on traditional use plants that pertain to (i.e., firewood), and for crafting tools and within 250 m of the proposed Project Vegetation and Wetlands addressed through consideration of temporary construction and maintenance activities in Northern Ontario creating art. footprint; these sites may be intersected (Volume 15 Part C1) or permanent loss of plant harvesting areas or (see “Project Description for Northern Ontario Segment”). Plants harvested by WTC include by the PDA or be located within the opportunities. TLRU TLRU LAA. blueberries, pin cherries, crab apples, In the vegetation and wetlands assessment, In addition to the TLRU mitigation measures listed above this choke cherries, gooseberries, 31 site-specific medicine and Project effects on traditional use plants are table, to mitigate potential effects from the Project of temporary raspberries, strawberries, fungi, subsistence plant values were identified indirectly assessed through consideration of or permanent loss of plant harvesting areas or opportunities, the mushrooms, ash, poplar, cedar, red within five km of the proposed Project change in native vegetation communities and following mitigation could be implemented by Energy East, willow, tamarack, spruce, red dogwood, footprint; these sites may be within the loss or disturbance of wetlands. The presence subject to engagement (see Temporary Facilities EPP, Pump birch and balsam. TLRU LAA or RAA. and abundance of native vegetation Station EPP, and Conversion Segments EPP): WTC identified site-specific medicine 65 site-specific medicine and communities and wetlands in the PDA is • Provide opportunities for harvesting plants or other and subsistence plant values within subsistence plant values were identified determined through desktop analysis and field resources before construction, where feasible. If TLRU sites 250 m, five km and 25 km of the within 25 km of the proposed Project surveys. not previously identified are discovered during construction, proposed Project footprint, where WTC footprint; these sites could be located In cases where plant harvesting activities are follow the TLU Sites Discovery Contingency Plan (see EPP). members harvest subsistence and within the TLRU RAA. overlapped by both the PDA and the LAA, the medicinal plants, as well as firewood. Project will have an effect on vegetation • Prohibit the use of herbicides within 30 m of an open body of communities and plant species within the PDA water, unless the herbicide application is conducted by and may have an effect on these areas within ground application equipment, or otherwise approved by the the LAA during construction. The PDA of the relevant regulatory agency, where applicable. facilities and access roads will be reclaimed at • All construction traffic will adhere to safety and road closure the end of the Project; the pipeline PDA will be regulations. Speed limits will be established as per the traffic reclaimed following construction. As control management plan. Refer to the Traffic Control determined in the vegetation and wetlands Management Plan (see EPP). assessment in the Consolidated ESA, the Project will not affect the long-term • Clearly delineate areas that have access restrictions. sustainability of vegetation communities in the Restrict access to essential construction personnel only. RAA or result in long-term wetland loss that Direct all other personnel to the RoW via alternate access cannot be mitigated. routes.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The RoW will be narrowed through the riparian area, if possible. • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Install cross ditches and berms on moderately steep and steep slopes on pasture, bush and forested lands in order to prevent runoff along the right-of-way and subsequent erosion. Install berms immediately downslope of all trench breakers (see EPP). • Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • Implement permanent bank reclamation measures to re-establish riparian vegetation as a part of backfill operations (see Typical Drawings). • Where practical, leave stumps in place, particularly on streambanks, to provide surface stability. Dispose of stumps removed from the required work areas by burning or chipping. • The Contractor will use Certified No. 1 seed in its seed mixes, unless Certified No 1 is not available for select reclamation seed species (e.g., native species). Certificates of seed analysis from qualified independent seed laboratories are required for all seed mixes and will be approved by Energy East. • Reduce the removal of vegetation in wetlands to the extent possible. • Conduct ground level cutting/mowing/mulching of wetland vegetation instead of grubbing. The method of removal of wetland vegetation is subject to approval by Energy East.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • Reduce grading within wetland boundaries. Do not use extra temporary workspace within the boundaries of wetlands, unless required for site specific purposes. Extra temporary workspace within the boundary of a wetland must be approved by the Environmental Inspector(s). • Where the open trench has the potential to dewater a wetland, undertake trenching in a manner that prevents the flow of water along the trench. Use ditch plugs or similar water control structures in the trench at either end of wetland crossings where there is the potential of water migration along the trench as a result of changes to wetland soil permeability and immediately adjacent upland soil permeability. • Re-establish preconstruction contours within wetland boundary to ensure cross RoW drainage. • Install berms, cross ditches and/or silt fences between wetlands (non-peat) and disturbed areas when deemed necessary by the Environmental Inspector(s). • Direct grading away from wetlands. • Energy East will obtain regulatory approval prior to infilling wetlands. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities. • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable.

WTC reported the potential for the Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that Project to reduce the quantity and Use (Volume 16 Part C1) plant harvesting for traditional purposes are mitigate potential effects on traditional use plants that pertain to quality of plants thus impeding WTC Vegetation and Wetlands addressed through consideration of temporary construction and maintenance activities in Northern Ontario members’ ability to harvest plants near (Volume 15 Part C1) or permanent loss of plant harvesting areas or (see “Project Description for Northern Ontario Segment”). the Project due to RoW clearing and opportunities. TransCanada Operating TLRU spraying. WTC also noted the potential In the vegetation and wetlands assessment, for disruptions to the ability of WTC Procedures for Invasive In addition to the TLRU mitigation measures listed above this Vegetation Weed Control Project effects on traditional use plants are table, to mitigate potential effects from the Project of temporary members to travel to and from plant and indirectly assessed through consideration of medicine gathering sites. Management or permanent loss of plant harvesting areas or opportunities, the change in native vegetation communities and following mitigation could be implemented by Energy East, Integrated Vegetation loss or disturbance of wetlands. The presence Management Program subject to engagement (see Temporary Facilities EPP, Pump and abundance of native vegetation Station EPP, and Conversion Segments EPP): communities and wetlands in the PDA is determined through desktop analysis and field • Provide opportunities for harvesting plants or other surveys. resources before construction, where feasible. If TLRU sites

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures As determined in the vegetation and wetlands not previously identified are discovered during construction, assessment in the Consolidated ESA, the follow the TLU Sites Discovery Contingency Plan (see EPP). Project will not affect the long-term • Prohibit the use of herbicides within 30 m of an open body of sustainability of vegetation communities in the water, unless the herbicide application is conducted by RAA or result in long-term wetland loss that ground application equipment, or otherwise approved by the cannot be mitigated. relevant regulatory agency, where applicable. The effect of herbicides was not assessed for • All construction traffic will adhere to safety and road closure vegetation and wetlands. The use of regulations. Speed limits will be established as per the traffic herbicides for the Project will follow control management plan. Refer to the Traffic Control TransCanada’s Operating Procedures and Management Plan (see EPP). provincial permits (i.e., when used in the vicinity of waterbodies), and only be used on a • Clearly delineate areas that have access restrictions. site-specific basis. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access During construction, mitigation measures are routes. used to prevent the introduction or spread of invasive species (e.g., cleaning stations). • Reclaim disturbed areas following completion of Herbicides might be used where required to construction; restore access to and use of affected areas not control invasive species. required for permanent facilities. Herbicides will not be used for right-of-way Vegetation Management vegetation management to control woody Energy East will implement the weed management procedures vegetation on the pipeline right-of-way. outlined in TransCanada’s Integrated Vegetation Management Program (IVMP) and TransCanada’s Operating Procedure (TOP) for Invasive Vegetation Weed Control Management during the construction and operations of the Project. Energy East commits to restrict the general application of herbicides on a site-specific basis near discrete traditional land use sites, as agreed upon with the affected Aboriginal community. In order to commit to restricting the general application of herbicides near traditional land use sites, Energy East requires specific locations of traditional land use sites that are located on or adjacent to the Project footprint and that can be clearly delineated and mapped. These locations will be shown on the environmental alignment sheets. During construction and operation, mitigation measures pertaining to maintenance activities along the existing pipeline RoW include ( see the Conversion Segments EPP): • Restrict the use of herbicides on a site-specific basis near identified traditional land use sites. • Weed management will follow procedures outlined in TransCanada’s Integrated Vegetation Management Program and TransCanada’s Operating Procedures for Invasive Vegetation Weed Control Management. • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. • Herbicides are applied by licensed applicators and in accordance with applicable provincial permits. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP):

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The RoW will be narrowed through the riparian area, if possible. • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Install cross ditches and berms on moderately steep and steep slopes on pasture, bush and forested lands in order to prevent runoff along the right-of-way and subsequent erosion. Install berms immediately downslope of all trench breakers (see EPP). • Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • Implement permanent bank reclamation measures to re- establish riparian vegetation as a part of backfill operations (see Typical Drawings). • Where practical, leave stumps in place, particularly on streambanks, to provide surface stability. Dispose of stumps removed from the required work areas by burning or chipping. • The Contractor will use Certified No. 1 seed in its seed mixes, unless Certified No 1 is not available for select reclamation seed species (e.g., native species). Certificates of seed analysis from qualified independent seed laboratories are required for all seed mixes and will be approved by Energy East. • Reduce the removal of vegetation in wetlands to the extent possible. • Conduct ground level cutting/mowing/mulching of wetland vegetation instead of grubbing. The method of removal of wetland vegetation is subject to approval by Energy East. • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Reduce grading within wetland boundaries. Do not use extra temporary workspace within the boundaries of wetlands, unless required for site specific purposes. Extra temporary workspace within the boundary of a wetland must be approved by the Environmental Inspector(s). • Where the open trench has the potential to dewater a wetland, undertake trenching in a manner that prevents the flow of water along the trench. Use ditch plugs or similar water control structures in the trench at either end of wetland crossings where there is the potential of water migration along the trench as a result of changes to wetland soil permeability and immediately adjacent upland soil permeability. • Re-establish preconstruction contours within wetland boundary to ensure cross RoW drainage. • Install berms, cross ditches and/or silt fences between wetlands (non-peat) and disturbed areas when deemed necessary by the Environmental Inspector(s). • Direct grading away from wetlands. • Energy East will obtain regulatory approval prior to infilling wetlands. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities. • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable.

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

WTC reported that water routes are an 35 site-specific water values and Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the important means of travel for hunting, 77 cultural continuity and ceremonial Use (Volume 16 Part C1) travel for traditional purposes are addressed appropriate provincial regulator prior to construction as a trapping and camping, and for general practice values were identified within Heritage Resources through consideration of temporary or condition of clearance. For sites determined to be heritage access to WTC lands, both historically 250 m of the proposed Project footprint; (Volume 16 Part C1) permanent loss of trails or travelways, or their sites, mitigation may include detailed mapping, photography, and at present. these sites may be intersected by the use (including navigation). additional assessment, archaeological excavation, monitoring Human Occupancy and WTC identified site-specific water PDA or be located within the TLRU In the heritage resources assessment, during construction or avoidance by means of route LAA. Resource Use (Volume 16 adjustments or temporary fencing during construction. values within 250 m, five km and 25 km Part C1) traditional travelways that have been identified of the proposed Project footprint, 38 site-specific water values and 95 as heritage resources by the appropriate There are general mitigation measures as outlined below that including transportation routes taken by cultural continuity and ceremonial provincial regulator are addressed through mitigate potential effects on heritage resources that pertain to boat and skidoo. In addition, WTC practice values were identified within effects on loss or alteration to heritage construction and maintenance activities in Northern Ontario identified site-specific cultural continuity five km of the proposed Project resource sites and context. Identification by (see “Project Description for Northern Ontario Segment”). and ceremonial practice values within footprint; these sites may be within the the province for each heritage resource site TLRU 250 m, five km and 25 km of the TLRU LAA or RAA. will consider the age of the site, its historical proposed Project footprint, including “a context, and whether it has recognizable In addition to the TLRU mitigation measures listed above this web of historic and contemporary trails,” physical remains. table, to mitigate potential effects from the Project of temporary (WTC 2015b). or permanent loss trails or travelways, or their use (including navigation), the following mitigation could be implemented by Energy East, subject to engagement (see Temporary Facilities

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures Specifically, WTC reported travel routes 57 site-specific water values and In the human occupancy and resource use EPP, Pump Station EPP, and Conversion Segments EPP): between the Eagle Head and Geraldton 219 cultural continuity and ceremonial assessment, the Project effects on access to • All construction traffic will adhere to safety and road closure pump stations, and between Smooth practice values were identified within lands used for fishing, hunting, or trapping are regulations. Speed limits will be established as per the traffic Rock Falls and Marten River pump 25 km of the proposed Project footprint; addressed through consideration of temporary control management plan. Refer to the Traffic Control stations. these sites could be located within the or permanent loss of use for fishing, hunting, Management Plan (see EPP). WTC indicated that the Montreal River TLRU RAA. The Montreal River is or trapping. In addition, navigation of • Clearly delineate areas that have access restrictions. has been used as a travel route. intersected by the existing RoW; the waterways is addressed through the effects of Montreal River is also within the TLRU temporary interruption to boating. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access RAA. The heritage resources assessment is focused routes. on the PDA; for sites outside the PDA there are no predicted effects. As ongoing • Reclaim disturbed areas following completion of consultation results in the identification of new construction; restore access to and use of affected areas not heritage resource sites within the PDA, their required for permanent facilities. assessment will be undertaken. • Create new, temporary portages to allow transport of Within the PDA, the Project will have an effect watercraft around active construction areas. on access to lands used for fishing, hunting, Construction and trapping during construction. During the life of the Project, the PDA of the facilities and During construction, mitigation measures include (see the access roads will not be available for fishing, Temporary Facilities EPP, Pump Station EPP, and Conversion hunting or trapping activities. The Project will Segments EPP): not affect access to lands used for fishing, • Do not permit clearing in proximity to known archaeological hunting and trapping in areas that are located sites unless otherwise approved by the appropriate outside of the LAA for the human occupancy regulatory agency. and resource uses assessment. • Do not permit grading in proximity to known archaeological As described in the heritage resources sites unless otherwise approved by the appropriate assessment in the Consolidated ESA, all regulator. heritage resource sites will be evaluated by the appropriate provincial regulator and • Appropriate signs will be posted along access roads and in mitigation requirements (including avoidance) the vicinity of construction activities to warn general travelers commensurate with the heritage value of the of construction dangers. Where and when required (e.g., site will be issued. With the implementation of construction activities potentially interfering with road traffic); site-specific mitigation (including avoidance, if staff shall be assigned to direct traffic. appropriate), no significant effect to heritage • Notify registered trappers at least two weeks prior to resources is anticipated. Similarly, in the construction. human occupancy and resource use • assessment, the Project will not change or Signage is to be posted in advance of construction indicating disrupt current resource use (e.g., access to access restrictions and duration of the restrictions. lands used for fishing, hunting, or trapping) in Operation the RAA. Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Temporary or Permanent Loss of Habitation Sites or their Use

WTC reported camping “through the 77 site-specific cultural continuity and Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the proposed Project area and beyond, with ceremonial practice values were Use (Volume 16 Part C1) habitation for traditional purposes are appropriate provincial regulator prior to construction as a parents, children, friends, and extended identified within 250 m of the proposed Heritage Resources addressed through consideration of temporary condition of clearance. For sites determined to be heritage family,” (WTC 2015b). Project footprint; these sites may be (Volume 16 Part C1) or permanent loss of habitation sites or their sites, mitigation may include detailed mapping, photography, WTC identified site-specific cultural intersected by the PDA or be located use. additional assessment, archaeological excavation, monitoring continuity and ceremonial practice within the TLRU LAA. In the heritage resources assessment, during construction or avoidance by means of route values within 250 m, five km and 25 km 95 site-specific cultural continuity and camping areas that have been identified as adjustments or temporary fencing during construction. of the proposed Project footprint, ceremonial practice values were heritage resources by the appropriate There are general mitigation measures as outlined below that including temporary and permanent identified within five km of the proposed provincial regulator are addressed through mitigate potential effects on heritage resources that pertain to habitation sites. Project footprint; these sites may be effects on loss or alteration to heritage construction and maintenance activities in Northern Ontario WTC reported habitation sites between within the TLRU LAA or RAA. resource sites and context. Identification by (see “Project Description for Northern Ontario Segment”). the Eagle Head and Geraldton pump 219 site-specific cultural continuity and the province for each heritage resource site TLRU will consider the age of the site, its historical stations, and between the Smooth Rock ceremonial practice values were In addition to the TLRU mitigation measures listed above this Falls and Marten River pump stations. identified within 25 km of the proposed context, and whether it has recognizable physical remains. table, to mitigate potential effects from the Project of temporary Specifically, WTC reported habitation Project footprint; these sites could be or permanent loss of habitation sites or their use, the following sites east of the Smooth Rock Falls located within the TLRU RAA. The heritage resources assessment is focused mitigation could be implemented by Energy East, subject to pump station toward the Potter pump Sturge Lake is within the TLRU RAA. on the PDA; for sites outside the PDA there engagement (see the Conversion Pipeline EPP, Pump Station station and between the Ramore and are no predicted effects. As ongoing EPP, and Temporary Facilities EPP): Kirkland Lake pump stations. Clearwater Lake is outside the TLRU consultation results in the identification of new RAA. • All construction traffic will adhere to safety and road closure WTC noted having camped at Sturge heritage resource sites within the PDA, their regulations. Speed limits will be established as per the traffic Lake and spending time at Clearwater assessment will be undertaken. control management plan. Refer to the Traffic Control Lake. As described in the heritage resources Management Plan (see EPP). assessment in the Consolidated ESA, all heritage resource sites will be evaluated by • Clearly delineate areas that have access restrictions. the appropriate provincial regulator and Restrict access to essential construction personnel only. mitigation requirements (including avoidance) Direct all other personnel to the RoW via alternate access commensurate with the heritage value of the routes. site will be issued. With the implementation of • Reclaim disturbed areas following completion of site-specific mitigation (including avoidance, if construction; restore access to and use of affected areas not appropriate), no significant effect to heritage required for permanent facilities. resources is anticipated. Construction During construction, mitigation measures include (see Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): • If historical or palaeontological features (e.g., arrow heads, modified bone, pottery fragments, fossils) not previously identified are found on the right‑of‑way or facility site during construction, follow conditions outlined in the Heritage Resource Discovery Plan (see EPP). • Prohibit the collection of Heritage Resources by Project personnel. • Do not permit clearing in proximity to known archaeological sites unless otherwise approved by the appropriate regulatory agency. • Do not permit grading in proximity to known archaeological sites unless otherwise approved by the appropriate regulator.

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CA PDF Page 28 of 46

Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • In the event that a sacred site is discovered during construction of the pipeline, suspend work immediately in the vicinity of any of any newly discovered sacred site(s). Work at that location may not resume until the measures are undertaken as outlined in the TLU Sites Discovery Contingency Plan (see EPP). • Mitigation measures for sacred areas may include detailed recording, mapping and avoidance; however, additional mitigation measures, if warranted, will be refined and optimized in the field and through community discussions. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

Temporary or Permanent Loss of Cultural or Spiritual Practices or Sites

WTC identified site-specific cultural 77 site-specific cultural continuity and Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the continuity and ceremonial practice ceremonial practice values were Use (Volume 16 Part C1) cultural or spiritual practices for traditional appropriate provincial regulator prior to construction as a values within 250 m, five km and 25 km identified within 250 m of the proposed Heritage Resources purposes are addressed through consideration condition of clearance. For sites determined to be heritage of the proposed Project footprint, Project footprint; these sites may be (Volume 16 Part C1) of temporary or permanent loss of cultural or sites, mitigation may include detailed mapping, photography, including habitation sites that “enable intersected by the PDA or be located spiritual practices or sites. additional assessment, archaeological excavation, monitoring the cultural practice and continuity of within the TLRU LAA. In the heritage resources assessment, spiritual during construction or avoidance by means of route WTC members,” as well as “ancestral 95 site-specific cultural continuity and or sacred sites that have been identified as adjustments or temporary fencing during construction. birth places, place names, processing ceremonial practice values were heritage resources by the appropriate There are general mitigation measures as outlined below that sites (e.g., food and hide preparation), identified within five km of the proposed provincial regulator are addressed through mitigate potential effects on heritage resources that pertain to areas where generations of WTC Project footprint; these sites may be effects on loss or alteration to heritage construction and maintenance activities in Northern Ontario members were taught cultural practices within the TLRU LAA or RAA. resource sites and context. Identification by (see “Project Description for Northern Ontario Segment”). (e.g., hunting, fishing, gathering), and 219 site-specific cultural continuity and the province for each heritage resource site TLRU sites of ceremonial and spiritual will consider the age of the site, its historical importance (e.g., burials, gatherings, ceremonial practice values were In addition to the TLRU mitigation measures listed above this identified within 25 km of the proposed context, and whether it has recognizable sweat lodge, tobacco offerings, physical remains. table, to mitigate potential effects from the Project of temporary dances)” (WTC 2015b). Project footprint; these sites could be or permanent loss cultural or spiritual practices or sites, the located within the TLRU RAA. The heritage resources assessment focuses following mitigation could be implemented by Energy East, In addition, particularly important values on the PDA; for sites outside the PDA, there within 25 km of the proposed Project Frederick House Lake is within the subject to engagement (see the Conversion Segments EPP, TLRU RAA. are no predicted effects. As ongoing Pump Station EPP, and Temporary Facilities EPP): footprint were noted by WTC to include consultation results in the identification of new “gathering (e.g. powwow grounds) and Night Hawk Lake, Abitibi Lake, and heritage resource sites within the PDA, their • All construction traffic will adhere to safety and road closure camp areas that function as social and Parks Lake are outside the TLRU RAA. assessment will be undertaken. regulations. Speed limits will be established as per the traffic teaching hubs,” as well as “large Bridal Veil Falls and Wizard Lake are control management plan. Refer to the Traffic Control gravesites, burial mounds, pictographs, As determined in the heritage resources outside the TLRU RAA. Management Plan (see EPP). and archaeological and historic sites assessment in the Consolidated ESA, all • (including traditional travel routes,” The location of Turkey Mountain was heritage resource sites will be evaluated by Clearly delineate areas that have access restrictions. (WTC 2015b). not identified. the appropriate provincial regulator, and Restrict access to essential construction personnel only. mitigation requirements (including avoidance) Direct all other personnel to the RoW via alternate access WTC noted that Night Hawk Lake, commensurate with the heritage value of the routes. Frederick House Lake and Abitibi Lake site will be issued. With the implementation of • Reclaim disturbed areas following completion of are important historic and current site-specific mitigation (including avoidance, if cultural areas that continue to support construction; restore access to and use of affected areas not appropriate), no significant effect on heritage required for permanent facilities. WTC activities. These areas include a resources is anticipated. historic trading post, boat routes, ceremonial sites and teaching areas.

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CA PDF Page 29 of 46

Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures WTC identified petroglyphs at Bridal Veil Construction Falls, along the Montreal River and During construction, mitigation measures include (see noted that there are hieroglyphs at Temporary Facilities EPP, Pump Station EPP, and Conversion Wizard Lake. “There’s three or four Segments EPP): thunderbirds, hieroglyphs that are on the side of the wall, or the rock, and • If historical or palaeontological features (e.g., arrow heads, then there’s also like, two people modified bone, pottery fragments, fossils) not previously holding like, vats up and pointing up the identified are found on the right‑of‑way or facility site during river,” (WTC 2015b). construction, follow conditions outlined in the Heritage WTC recounted travelling to Turkey Resource Discovery Plan (see EPP). Mountain to “practice to become a • Prohibit the collection of Heritage Resources by Project medicine man,” and noted that the personnel. mountain is considered sacred because • Do not permit clearing in proximity to known archaeological a war took place between the Ojibway- sites unless otherwise approved by the appropriate Cree and Iroquois in the past. “You regulatory agency. would find arrowheads and whatnot there yet if someone was to go and • Do not permit grading in proximity to known archaeological really look,” (WTC 2015b). sites unless otherwise approved by the appropriate regulator. Ceremonial and spiritual activities Traditional Land and Resource In the TLRU assessment, Project effects on • In the event that a sacred site is discovered during identified as important to WTC include: Use (Volume 16 Part C1) cultural or spiritual practices and sites for construction of the pipeline, suspend work immediately in the harvesting activities, powwows, shaking traditional purposes are addressed through Heritage Resources vicinity of any newly discovered sacred site(s). Work at that tents, feasts, social gatherings and temporary or permanent loss of cultural or (Volume 16 Part C1) location may not resume until the measures are undertaken making crafts. WTC indicated that spiritual practices or sites. as outlined in the TLU Sites Discovery Contingency Plan ceremonial and spiritual practices In the heritage resources assessment, (see EPP). incorporate local plants and animals, ceremonial or sacred sites that have been • and areas abundant in desirable plants identified as heritage resources by the Mitigation measures for sacred areas may include detailed and animals are important gathering appropriate provincial regulator are addressed recording, mapping and avoidance; however, additional areas for the community. through effects on loss or alteration to heritage mitigation measures, if warranted, will be refined and resource sites and context. Identification by optimized in the field and through community discussions. the province for each heritage resource site Operation will consider the age of the site, its historical Following the completion of construction, TransCanada context, and whether it has recognizable Operating Procedures (TOP) will be used during operation in physical remains. conjunction with the EPPs where appropriate. For example, The heritage resources assessment is focused during operation mitigation measures include: on the PDA; for sites outside the PDA there • Follow TransCanada’s health, safety and environment (HSE) are no predicted Project effects. As ongoing management framework during maintenance activities. consultation results in the identification of new heritage resource sites within the PDA, their assessment will be undertaken. As described in the heritage resources assessment in the Consolidated ESA, all heritage resource sites will be evaluated by the appropriate provincial regulator and mitigation requirements (including avoidance) commensurate with the heritage value of the site will be issued. With implementation of site- specific mitigation (including avoidance, if appropriate), no significant effect to heritage resources is anticipated.

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CA PDF Page 30 of 46

Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

WTC expressed concern regarding the Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the potential for the Project to disturb Use (Volume 16 Part C1) cultural or spiritual practices and sites for appropriate provincial regulator prior to construction as a condition of clearance. For sites determined to be heritage ceremonial, sacred, and burial sites, Heritage Resources traditional purposes are addressed through sites, mitigation may include detailed mapping, photography, and “negatively alter the character of (Volume 16 Part C1) temporary or permanent loss of cultural or preferred places,” (WTC 2015b). WTC spiritual practices or sites. additional assessment, archaeological excavation, monitoring Acoustic Environment during construction or avoidance by means of route also noted the potential for increased In the heritage resources assessment, (Volume 15 Part C1) adjustments or temporary fencing during construction. sensory disturbance of ceremonial and ceremonial or sacred sites that have been spiritual sites and activities as a result of identified as heritage resources by the There are general mitigation measures as outlined below that Project activities. appropriate provincial regulator are addressed mitigate potential effects on heritage resources that pertain to through effects on loss or alteration to heritage construction and maintenance activities in Northern Ontario resource sites and context. Identification by (see “Project Description for Northern Ontario Segment”). the province for each heritage resource site TLRU will consider the age of the site, its historical In addition to the TLRU mitigation measures listed above this context, and whether it has recognizable table, to mitigate potential effects from the Project of temporary physical remains. or permanent loss cultural or spiritual practices or sites, the The acoustics assessment examined the following mitigation could be implemented by Energy East, change in the existing acoustic environment as subject to engagement (see the Conversion Segments EPP, a result of pipeline and facility construction. It Pump Station EPP, and Temporary Facilities EPP): was assumed that construction activities could • All construction traffic will adhere to safety and road closure result in temporary and localized increases in regulations. Speed limits will be established as per the traffic noise levels as a result of operation of control management plan. Refer to the Traffic Control construction equipment. Management Plan (see EPP). The heritage resources assessment is focused • Clearly delineate areas that have access restrictions. on the PDA; for sites outside the PDA there Restrict access to essential construction personnel only. are no predicted Project effects. As ongoing Direct all other personnel to the RoW via alternate access consultation results in the identification of new routes. heritage resource sites within the PDA, their • assessment will be undertaken. Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not As described in the heritage resources required for permanent facilities. assessment in the Consolidated ESA, all heritage resource sites will be evaluated by Construction the appropriate provincial regulator and During construction, mitigation measures include (see mitigation requirements (including avoidance) Temporary Facilities EPP, Pump Station EPP, and Conversion commensurate with the heritage value of the Segments EPP): site will be issued. With implementation of site- • If historical or palaeontological features (e.g., arrow heads, specific mitigation (including avoidance, if modified bone, pottery fragments, fossils) not previously appropriate), no significant effect to heritage identified are found on the right‑of‑way or facility site during resources is anticipated. Similarly, for the construction, follow conditions outlined in the Heritage acoustics assessment, Project noise Resource Discovery Plan (see EPP). emissions during construction were predicted to not exceed the recommended thresholds • Prohibit the collection of Heritage Resources by Project based on guidance provided by Health personnel. Canada. • Do not permit clearing in proximity to known archaeological sites unless otherwise approved by the appropriate regulatory agency. • Do not permit grading in proximity to known archaeological sites unless otherwise approved by the appropriate regulator. • In the event that a sacred site is discovered during construction of the pipeline, suspend work immediately in the vicinity of any newly discovered sacred site(s). Work at that location may not resume until the measures are undertaken as outlined in the TLU Sites Discovery Contingency Plan (see EPP).

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Mitigation measures for sacred areas may include detailed recording, mapping and avoidance; however, additional mitigation measures, if warranted, will be refined and optimized in the field and through community discussions. The following is a list of best management practices recommended to mitigate noise effects during construction: • Advise nearby residents of major noise-generating activities, and determine if additional mitigation is required, depending on proximity to construction noise sources. • Maintain machinery and noise-abatement equipment in good working order. • Establish a procedure or protocol that addresses concerns in a timely manner. • Work with blasting contractor(s) to review the design and associated mitigation measures to control noise, and to monitor implementation of the blasting program. The need for mitigation depends on the proximity of receptors to the construction activities. For areas where receptors are within the buffer distance, the following additional measures beyond best practices could be employed depending on construction activity and distance from receptors: • Restrict construction activities by adjusting equipment usage (duration and quantity). • Use a vibratory-type pile driver, where practical. • Use an impact-type pile driver that meets a minimum acoustic specification. • Install construction hoarding (e.g., around loud equipment or along the perimeter of the construction area). • Replace standard backup alarms with a broadband alarm. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

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CA PDF Page 32 of 46

Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Traditional Ecological Knowledge

WTC noted that the area north of the Wildlife and fish habitat was identified Wildlife and Wildlife Habitat In the wildlife and wildlife habitat assessment, The TEK provided contributes to the understanding of potential Eagle Head pump station supports north of the Eagle Head pump station. (Volume 15 Part C1) moose and white-tailed deer are SOMCs. effects of the Project on wildlife and wildlife habitat and fish and abundant wildlife, including moose, The extent of this area is not provided, Fish and Fish Habitat For selected wildlife species, habitat types fish habitat, and further informs the mitigation provided in the ducks, rabbit and various species of but may be within the TLRU LAA or (Volume 15 Part C1) (e.g., forested lands) are used to assess the EPP for on wildlife and wildlife habitat and fish and fish habitat. fish. Abundant wildlife activity was also RAA. Refer to the Pump Station EPP, Conversion Segments EPP, change in habitat availability and change in reported by WTC east of the Eagle Wildlife habitat was also identified east habitat connectivity. Habitat suitability for and Temporary Facilities EPP for a list of general mitigation Head pump station, where the Project of the Eagle Head pump station, where selected wildlife species is determined using measures that mitigate the potential effects pertaining to crosses the Nipigon River. the Nipigon River is intersected by the habitat associations (i.e., based on species construction and maintenance activities in Northern Ontario existing RoW. The Nipigon River is preference of the habitat types). The change in (see Project Description for Northern Ontario) on wildlife and within the TLRU LAA. mortality risk is considered for selected wildlife wildlife habitat and fish and fish habitat. species, including game birds, small mammals and migratory birds. See also the fish and fish habitat assessment, where fish species that can be fished for subsistence are considered under CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourses and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs are applicable for all species considered for CRA fisheries and are considered in recommended mitigation measures. The potential effects from the Project on fish and fish habitat are change in fish habitat, change in fish movement, migration and fish passage, change in fish mortality, and introduction of deleterious substances on fish habitat. As determined in the wildlife and wildlife habitat assessment in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA. Similarly, in the fish and fish habitat assessment, the Project effects on fish and fish habitat are predicted to be not significant.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Other Environmental

WTC stressed the importance of water 35 site-specific water values were Surface Water Resources In the surface water resources assessment, There are general mitigation measures as outlined below that quality for human consumption and identified within 250 m of the proposed (Volume 15 Part C1) Project effects on surface water resources are mitigate potential effects on surface water resources that expressed concern regarding the Project footprint; these sites may be addressed through consideration of change in pertain to construction and maintenance activities in Northern “potability of formerly pristine freshwater intersected by the PDA or be located surface water quality and change in surface Ontario (see “Project Description for Northern Ontario sources,” (WTC 2015b). within the TLRU LAA. water quantity. Segment”). WTC identified site-specific water 38 site-specific water values were Within the LAA, The Project may affect Construction values within 250 m, five km and 25 km identified within five km of the proposed waterbodies. The Project will not affect During construction, mitigation measures include (see Pump of the proposed Project footprint, Project footprint; these sites may be waterbodies located outside of the LAA for the Station EPP, Temporary Facilities EPP and New Pipeline EPP): including sites that are used as natural within the TLRU LAA or RAA. surface water resources assessment. • Install drainage swales or culverts where permanent and sources of drinking water. 57 site-specific water values were As determined in the surface water resources temporary access roads cross wetlands. Maintain cross- WTC noted that the Project will reduce identified within 25 km of the proposed assessment in the Consolidated ESA, the drainage to allow water to move from one side of the access the ability and confidence of WTC Project footprint; these sites could be Project will not result in reductions or road to the other. members to drink water due to fears of located within the TLRU RAA. degradation of surface water quality and potential contamination. quantity; sustainable flows will meet present • Refer to Watercourse Crossings and Recommended and future use and support aquatic life. Crossing Methods (see EPP Section 8.4). • Ensure maintenance of downstream flow at all times when constructing an isolated crossing. Have contingency equipment (e.g., back-up pumps and hoses) available onsite, and where instream conditions allow, install to allow for rapid deployment if required. • Ensure that ice bridges or snowfills do not interfere with or impede winter flows. • Conduct all hydrostatic testing activities in accordance with the NEB Onshore Pipeline Regulations, provincial regulations, as well as the latest version of CSA Z662. • Leave gaps in windrows, at obvious drainages, on sidehill terrain and wherever seepage occurs to reduce interference with natural drainage patterns. • Runoff from the Project site / access roads shall be directed into stable areas (preferably vegetated), in a controlled manner. Approval is required from the Crown and lessee on Crown Lands or from the landowner or occupant on private land if runoff is directed to off-site areas. Refer to Erosion and Sediment Control Plan (see EPP). • Direct grading away from waterbodies. Do not place fill material in a waterbody during grading. • Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The RoW will be narrowed through the riparian area, if possible. • Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. • Fell trees away from watercourses. Immediately remove trees, debris or soil inadvertently deposited below the high watermark of a watercourse.

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CA PDF Page 34 of 46

Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). • Install erosion and sediment control at all watercourses and/or waterbodies as directed by the Environmental Inspector(s) (see Typical Drawings). • Where water erosion is evident, and there is potential for runoff from the right-of-way to flow into a watercourse, refer to the Soil Erosion Contingency Plan (see EPP). • Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). • Develop water quality monitoring plans to monitor for sediment events during instream construction activities as required by the applicable regulatory approvals. • Refer to EPP - Spill Contingency Plan. • Clean-up activities will follow completion of backfill operations as closely as possible. If reclamation is postponed, contact the relevant regulatory agencies and landowners before the initiation of the reclamation activities and notify upon completion, as required. • Refer to EPP - Directional Drilling Procedures and Instream Drilling Mud Release Contingency Plan. • Install and remove any temporary vehicle crossings in a manner that protects the banks from erosion and maintains the flow in the waterway. These crossings will be returned to their preconstruction condition. • Postpone watercourse crossing construction if excessive flows or flood conditions exist or are anticipated, and construction methods cannot be modified to cope with the increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP). • Pumped trench water is not permitted to flow directly into any watercourse. If water is released onto private land, landowner consent must be acquired prior to release. • Complete machine clean-up immediately following construction, prior to spring break up. If machine clean-up cannot be completed prior to spring break-up, ensure cross right-of-way drainage is re-established, and sedimentation and erosion controls are installed to protect the right-of-way and sensitive environmental features. Final clean-up and reclamation will generally occur during the following fall and/or winter, or as soon as conditions permit.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Install cross ditches and berms on moderately steep and steep slopes on pasture, bush and forested lands in order to prevent runoff along the right-of-way and subsequent erosion. Install berms immediately downslope of all trench breakers (see EPP). • Excavate entry and exit sites back from the ordinary high watermark and far enough from the watercourse to provide for containment of sediments and other deleterious substances above the high watermark. Vegetation removal for the entry and exit sites is only to occur within the approved construction right-of-way and temporary workspace. • Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. • Ensure that water from dewatering entry and exit sites with a high sediment load is not discharged or allowed to flow into any waterbody. Remove the sediment load (e.g., filtered or discharged into a vegetated area) before discharge water is allowed to enter any watercourse. • Dispose of all waste drilling fluid and drilling solids according to and in conformance with pertinent regulatory requirements. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: • Follow TransCanada’s health, safety and environment (HSE) management framework during maintenance activities.

WTC expressed concern about the TransCanada Operating In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that safety and abundance of plant Procedures for Invasive plant harvesting for traditional purposes are pertain to construction and maintenance activities in Northern resources harvested by WTC members Vegetation Weed Control addressed through consideration of temporary Ontario (see “Project Description for Northern Ontario because of herbicide use and other Management or permanent loss of plant harvesting areas or Segment”). opportunities. contaminates. WTC reported that the Integrated Vegetation TLRU distance to travel to what are Management Program The effect of herbicides was not assessed for considered safe sources of plant vegetation and wetlands, and wildlife and In addition to the TLRU mitigation measures listed above this resources continues to increase. Traditional Land Use and wildlife habitat. The use of herbicides for the table, to mitigate potential effects from the Project of temporary Resource Use (Volume 16 Project will follow TransCanada’s Operating or permanent loss of plant harvesting areas or opportunities, the WTC also reported a decline in wildlife Part C1) following mitigation could be implemented by Energy East, populations and changes in wildlife Procedures and provincial permits (i.e., when Vegetation and Wetlands used in the vicinity of waterbodies), and only subject to engagement (see Temporary Facilities EPP, Pump health and habitat, which is partly Station EPP, and Conversion Segments EPP): attributed to herbicide spraying. (Volume 15 Part C1) be used on a site-specific basis. Wildlife and Wildlife Habitat During construction, mitigation measures are • Provide opportunities for harvesting plants or other (Volume 15 Part C1) used to prevent the introduction or spread of resources before construction, where feasible. If TLRU sites invasive species (e.g., cleaning stations). not previously identified are discovered during construction, Herbicides might be used where required to follow the TLU Sites Discovery Contingency Plan (see EPP). control invasive species. • Prohibit the use of herbicides within 30 m of an open body of Herbicides will not be used for RoW vegetation water, unless the herbicide application is conducted by management to control woody vegetation on ground application equipment, or otherwise approved by the the pipeline RoW. relevant regulatory agency, where applicable.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Vegetation Management Energy East will implement the weed management procedures outlined in TransCanada’s Integrated Vegetation Management Program (IVMP) and TransCanada’s Operating Procedure (TOP) for Invasive Vegetation Weed Control Management during the construction and operations of the Project. Energy East commits to restrict the general application of herbicides on a site-specific basis near discrete traditional land use sites, as agreed upon with the affected Aboriginal community. In order to commit to restricting the general application of herbicides near traditional land use sites, Energy East requires specific locations of traditional land use sites that are located on or adjacent to the Project footprint and that can be clearly delineated and mapped. These locations will be shown on the environmental alignment sheets. During construction and operation, mitigation measures pertaining to maintenance activities along the existing pipeline RoW include ( see the Conversion Segments EPP): • Restrict the use of herbicides on a site-specific basis near identified traditional land use sites. • Weed management will follow procedures outlined in TransCanada’s Integrated Vegetation Management Program and TransCanada’s Operating Procedures for Invasive Vegetation Weed Control Management. • Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. • Herbicides are applied by licensed applicators and in accordance with applicable provincial permits.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Community Health and Wellbeing

WTC noted that the Project is likely to Traditional Land Use and In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that continue to affect WTC members’ ability Resource Use (Volume 16 hunting, fishing, trapping, plant harvesting, and mitigate potential effects on traditional land and resource use to hunt, trap, fish, and gather plants and Part C1) cultural or spiritual practices and sites for that pertain to construction and maintenance activities in medicine, thereby “exacerbating the traditional purposes are addressed through Northern Ontario (see “Project Description for Northern Ontario loss of cultural practices,” and consideration of temporary or permanent loss Segment”). transmission of traditional knowledge of hunting areas or opportunities, temporary or TLRU (WTC 2015b) permanent loss of fishing areas or opportunities, temporary or permanent loss of In addition to the general TLRU mitigation measures listed trapping areas or opportunities, temporary or above this table, the following mitigation measures could be permanent loss of plant harvesting areas or implemented by Energy East to mitigate potential effects from opportunities, and temporary or permanent the Project of temporary or permanent loss of hunting areas or loss of cultural or spiritual practices or sites. opportunities, temporary or permanent loss of fishing areas or opportunities, temporary or permanent loss of trapping areas or WTC explained that harvesting activities Traditional Land Use and In the TLRU assessment, Project effects on opportunities, temporary or permanent loss of plant harvesting are “strongly governed by ethics, such Resource Use (Volume 16 hunting, fishing, trapping, plant harvesting, and areas or opportunities, and temporary or permanent loss of as avoiding waste; a lesson passed on Part C1) cultural or spiritual practices and sites for cultural or spiritual practices or sites (see the Pump Stations through generations,” (WTC 2015b). traditional purposes are addressed through EPP, Temporary Facilities EPP and Conversion Segments WTC noted that food sharing is consideration of temporary or permanent loss EPP): practiced and serves to maintain bonds of hunting areas or opportunities, temporary or • Provide opportunities for harvesting plants or other and help to feed those who may not be permanent loss of fishing areas or resources before construction, where feasible. If TLRU sites able to harvest for themselves. opportunities, temporary or permanent loss of not previously identified are discovered during construction, trapping areas or opportunities, temporary or follow the TLU Sites Discovery Contingency Plan (see EPP). permanent loss of plant harvesting areas or opportunities, and temporary or permanent • Prohibit the use of herbicides within 30 m of an open body of loss of cultural or spiritual practices or sites. water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. • The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, rollback) and strung pipe at obvious drainages and wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across the right-of-way. Locations where gaps are appropriate will be determined in the field by the Environmental Inspector(s). Gaps should align. The Environmental Inspector(s) will identify and notify the Contractor of the appropriate locations for gaps. • Adhere to regulations, standards and guidelines for watercourse crossings as outlined in the EPP. • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). • Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. • Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • Create new, temporary portages to allow transport of watercraft around active construction areas. • Project personnel are not permitted to hunt and/or fish on the work site. During the life of the Project, Energy East will strive to be respectful of Aboriginal culture. Opportunities to add value include: • involving communities in carrying out land use studies, and • providing company support for local Aboriginal community organizations and initiatives.

WTC stated that hunting, trapping, Traditional Land Use and In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that fishing and plant gathering are culturally Resource Use (Volume 16 hunting, fishing, trapping, plant harvesting, pertain to construction and maintenance activities in Northern and socially important; these activities Part C1) travel, habitation, and cultural or spiritual Ontario (see “Project Description for Northern Ontario serve to transfer cultural knowledge to practices and sites for traditional purposes are Segment”). younger generations and build and addressed through consideration of temporary TLRU maintain family, community and inter- or permanent loss of hunting areas or community social bonds. opportunities, temporary or permanent loss of Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. WTC specifically noted that plant use fishing areas or opportunities, temporary or knowledge is passed down from permanent loss of trapping areas or During the life of the Project, Energy East will strive to be generation to generation, and plant opportunities, temporary or permanent loss of respectful of Aboriginal culture. Opportunities to add value harvesting is a common family activity. plant harvesting areas or opportunities, include: temporary or permanent loss of trails or • WTC explained that cultural continuity travelways, or their use (including navigation), involving communities in carrying out land use studies, and depends on access to resources and temporary or permanent loss of habitation • providing company support for local Aboriginal community the continued health of those resources, sites or their use, and temporary or permanent organizations and initiatives. as well as strong social relationships loss of cultural or spiritual practices or sites. and intact cultural and spiritual sites and areas. Because cultural continuity depends on a healthy environment, WTC noted that effects to plants, animals, and water have already affected WTC cultural continuity. Additionally, efforts of WTC to foster cultural continuity have been affected by the legacy of residential schools and colonialism, which created generational gaps in cultural knowledge and alienation from language and cultural traditions.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

Employment and Livelihood

WTC explained that Project effects to Employment and Economy Project activities might have an effect on Energy East recognizes the importance of encouraging and trapping activities will result in economic (Consolidated ESA Volume 3, employment and the economy in a number of enabling community participation in the Energy East Project. losses because WTC members’ will Part C1) ways. For example, the Project will generate: The following mitigation measures have been identified by have to purchase store-bought food as Energy East to enhance the Project’s positive effects (e.g. Aboriginal Economic • employment opportunities at the national, opposed to harvesting country food for employment and business opportunities) for local and Opportunities (Consolidated provincial, and regional levels income. Aboriginal workers and businesses: Application Volume 10, • business opportunities at the national, WTC also noted the potential for Section 5) provincial, and regional levels by offering • Continue to work In collaboration with local First Nation and “economic costs associated with loss or contracts and other business opportunities Métis communities and organizations, to identify reduced ability to gather plants and to local and Aboriginal businesses and opportunities for capacity development. medicines for subsistence use,” (WTC • communities near the Project Work with provincial authorities, contractors, trade unions, 2015b). educational institutions, Aboriginal communities and potentially other developers to create a training program to help meet the Project’s need for skilled labour. • Develop employment and procurement programs that actively promote local opportunity, including for Aboriginal workers and businesses, taking into consideration the competitiveness and relative capacity of local suppliers. Before starting work, communities in the immediate area, including Aboriginal communities, should be contacted to gain an understanding of the resources available. • Further encourage the participation of Aboriginal workers and businesses on the Project by following TransCanada’s Aboriginal Contracting and Employment Program.

Accidents and Malfunctions

WTC reported that, in 2009 and 2011, Accidents and Malfunctions The accidents and malfunctions assessment WTC requested that additional Energy East acknowledges this request for additional studies explosions occurred on the existing (Volume 19) analyzed the potential frequency of oil spills of studies be completed, including related to construction and operation of the pipeline; Energy pipeline near Englehart and Beardmore. different volumes and completed a risk but not limited to: East will discuss the recommendations here, as well as any WTC expressed concerns that the assessment of oil spills on sites of interest additional measures, with WTC. • a study regarding consequences of such an event with a which were selected based on environmental “establishment of contaminant Emergency Response Planning pipeline transporting oil rather than sensitivity. The sites of interest are fates and associated effects in natural gas would be much greater. representative of similar locations elsewhere TransCanada’s operations and emergency response philosophy failure mode scenarios in WTC WTC noted the potential for effects on along the pipeline route and include focuses on minimizing any impact from an emergency incident territory” human health and safety and the long- watercourse crossings, water well supplies, by stopping the flow of the pipeline and thereby minimizing the term effects on the environment, and private well clusters. • “a risk perception and potential impact from an incident. In parallel, processes are alienation study associated started to assess the emergency situation and begin an “precluding their enjoyment and use.” Based on the analysis presented in the with the pipeline’s conversion immediate and full response. WTC noted that the potential for an oil accidents and malfunctions assessment, the with the WTC for both normal spill will result in WTC members predicted frequency of incidents and the Energy East will develop an Emergency Response Plan (ERP). operation and failure avoiding using areas near the pipeline probability of a large spill occurring is low. Federal regulations require pipeline operators to have ERPs scenarios” and result in effects to cultural Consequently, the risk of environmental prepared and in place to respond to emergency incidents that transmission. The potential for effects is minimal. Compliance with • an “analysis of watershed level might occur well in advance of the application for leave to “psychological and social trauma in the regulations, application of TransCanada’s effects in failure mode operate. The goals of Energy East’s ERP are: event of a spill” were also mentioned Capital Planning Management System and scenarios for the region’s • establish guidelines and procedures to follow in emergencies (WTC 2015b). Asset Management System and Emergency waterways,” including that protect the health and safety of the public and WTC expressed concerns about Response Plan (ERP), and adherence to implications for effects beyond responders safety procedures will result in the pipeline 25 km from the proposed adequate monitoring and maintenance • minimize hazards resulting from pipeline emergencies measures to prevent an oil leak or spill. being operated in an environmentally Project footprint Concerns about effective reclamation in responsible and safe way with a focus on spill • a study of “potential • establish procedures for training employees on emergency the event of an oil spill were also prevention. psychosocial impacts both in a procedures expressed. failure mode and during normal course of operations where the risk of failure is continuous”

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • establish guidelines for continuing educational and liaison programs designed to inform community first responders and the public of the procedures to follow in recognizing, reporting and responding to an emergency condition Energy East will develop communication protocols as part of the ERP that will include notifying the public in the event of an emergency. In the event of a spill, Energy East will consult with regulatory agencies to determine the appropriate and preferred approach to clean-up and monitoring. Together with the regulatory agencies, a plan will be created to ensure that short and long-term environmental effects are minimized. Energy East would be responsible for cleanup of any contaminated soils. Groundwater would not be released from the site of a spill until all applicable regulations and cleanup standards are met. As part of operation of the Project, the Integrity Management Program (IMP) threat management process completes risk analyses for pipeline segments identified as susceptible to a potential threat. Results of the risk analyses are used to determine and prioritize activities to manage and/or resolve the operating threats. Activities for managing threats identified by the IMP process for pipeline segments are captured annually in the pipeline maintenance plan (PMP). Valves are a key component of pipeline safety; they are designed not only to retain high pressure product, but to resist stresses that may be exerted in an operating pipeline. The following are considered with respect to their inspection and operation: • Valves are inspected and tested (partially or fully cycled) once per year on a scheduled basis by trained technicians. The primary goal of routine, annual valve inspection is to verify and ensure the valve(s) will cycle on demand. • The sites where the valves are located are fenced and the valves/actuators are locked to prevent unauthorized use. Valve sites are inspected more frequently (at least every 3 months, usually once per month) and valves and associated facilities are inspected for any leaks. • All mainline and pump station isolation valves are telemetered to Oil Control, which has full remote control capability to cycle valves on demand. The valves are also operable by a technician at the valve site. The actuators which provide the opening/closing functionality are electric powered and very reliable. In the rare event a valve/actuator fails to cycle, it is repaired or replaced on an immediate basis. All actuators are equipped with a manual hand wheel to allow for local manual operation in the absence of power.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

WTC expressed concern about effects The Nipigon River is intersected by the Accidents and Malfunctions The accidents and malfunctions assessment Emergency Response Planning to water in the event of a spill, including existing RoW and is within the TLRU (Volume 19) analyzed the potential frequency of oil spills of TransCanada’s operations and emergency response philosophy contamination of surface water and LAA. different volumes and completed a risk focuses on minimizing any impact from an emergency incident watersheds, and leaching of product Frederick House Lake is within the assessment of oil spills on sites of interest by stopping the flow of the pipeline and thereby minimizing the into groundwater. The potential for long- TLRU RAA. which were selected based on environmental potential impact from an incident. In parallel, processes are term effects on terrestrial and aquatic sensitivity. The sites of interest are Night Hawk Lake and Abitibi Lake are started to assess the emergency situation and begin an flora and fauna, including, but not representative of similar locations elsewhere immediate and full response. limited to, moose, caribou, bears, and outside the TLRU RAA. along the pipeline route and include beaver were also noted by WTC. WTC watercourse crossings, water well supplies, Energy East will develop an Emergency Response Plan (ERP). expect that, due to the and private well clusters. Federal regulations require pipeline operators to have ERPs prepared and in place to respond to emergency incidents that interconnectedness of the local In Ontario, sites of interest included: Trout waterbodies, the effects of an oil spill might occur well in advance of the application for leave to Lake, Rideau River, and private water well operate. The goals of Energy East’s ERP are: would spread downstream, and could clusters in the Rideau River area; however, have “long-term negative impacts” on Nipigon River, Frederick House Lake, Night • establish guidelines and procedures to follow in emergencies WTC members’ abilities to carry out Hawk Lake, and Abitibi Lake are not that protect the health and safety of the public and traditional activities such as hunting, specifically addressed in the accidents and responders trapping, fishing, and plant harvesting. malfunctions assessment. • minimize hazards resulting from pipeline emergencies WTC noted that the risk of an oil spill Based on the analysis presented in the will reduce the ability and confidence of • establish procedures for training employees on emergency accidents and malfunctions assessment, the procedures WTC members to drink water and predicted frequency of incidents and the harvest and consume wildlife, fish and probability of a large spill occurring is low. • establish guidelines for continuing educational and liaison plant resources. Consequently, the risk of environmental programs designed to inform community first responders and WTC expressed concern regarding effects is minimal. Compliance with the public of the procedures to follow in recognizing, “physical damage, disturbance, and/or regulations, application of TransCanada’s reporting and responding to an emergency condition loss of invaluable cultural sites, heritage Capital Planning Management System and Energy East will develop communication protocols as part of the sites, ceremonial grounds, gravesites, Asset Management System and Emergency ERP that will include notifying the public in the event of an and gathering areas in the event of an Response Plan (ERP), and adherence to emergency. oil spill,” (WTC 2015b). safety procedures will result in the pipeline In the event of a spill, Energy East will consult with regulatory being operated in an environmentally WTC noted “the proposed Project’s agencies to determine the appropriate and preferred approach responsible and safe way with a focus on spill routing over or under waterways (e.g. to clean-up and monitoring. Together with the regulatory prevention. the Nipigon River) are of particular agencies, a plan will be created to ensure that short and long concern,” (WTC 2015b). term environmental effects are minimized. Energy East would WTC indicated that major rivers be responsible for cleanup of any contaminated soils. originating from Night Hawk, Frederick Groundwater would not be released from the site of a spill until House, and Abitibi lakes are located all applicable regulations and cleanup standards are met. within 5 km of the proposed Project As part of operation of the Project, the Integrity Management footprint; WTC noted that these rivers Program (IMP) threat management process completes risk may be affected in the event of an oil analyses for pipeline segments identified as susceptible to a spill. potential threat. Results of the risk analyses are used to determine and prioritize activities to manage and/or resolve the operating threats. Activities for managing threats identified by the IMP process for pipeline segments are captured annually in the pipeline maintenance plan (PMP). Valves are a key component of pipeline safety; they are designed not only to retain high pressure product, but to resist stresses that may be exerted in an operating pipeline. The following are considered with respect to their inspection and operation: • Valves are inspected and tested (partially or fully cycled) once per year on a scheduled basis by trained technicians. The primary goal of routine, annual valve inspection is to verify and ensure the valve(s) will cycle on demand.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures • The sites where the valves are located are fenced and the valves/actuators are locked to prevent unauthorized use. Valve sites are inspected more frequently (at least every 3 months, usually once per month) and valves and associated facilities are inspected for any leaks. • All mainline and pump station isolation valves are telemetered to Oil Control, which has full remote control capability to cycle valves on demand. The valves are also operable by a technician at the valve site. • The actuators which provide the opening/closing functionality are electric powered and very reliable. In the rare event a valve/actuator fails to cycle, it is repaired or replaced on an immediate basis. All actuators are equipped with a manual hand wheel to allow for local manual operation in the absence of power.

Cumulative Effects

WTC reported changes to the ability to Traditional Land Use and In the TLRU assessment, Project effects on WTC requested that a “full and Energy East acknowledges the request for a comprehensive access traditional use areas due to Resource Use (Volume 16 hunting, fishing, trapping, plant harvesting, comprehensive cumulative impact cumulative impact assessment; Energy East will discuss the industrial development (including the Part C1) travel, habitation, and cultural or spiritual assessment” be completed (WTC recommendations here, as well as any additional measures, existing RoW), forestry, government Human Occupancy and practices and sites for traditional purposes are 2015b). with WTC. intervention, and residential settlement. Resource Use (Volume 16 addressed through consideration of temporary Refer to the TLRU mitigation measures listed above this table to WTC explained that increased access Part C1) or permanent loss of hunting areas or mitigate potential effects from the Project on TLRU. Refer to the as a result of the creation of new access opportunities, temporary or permanent loss of Project-specific EPPs for a list of general mitigation measures roads have put pressure on hunting, fishing areas or opportunities, temporary or that mitigate potential effects pertaining to Project construction trapping and fishing areas. lack of permanent loss of trapping areas or and maintenance activities in Northern Ontario (see “Project access to former harvesting areas due opportunities, temporary or permanent loss of Description for Northern Ontario Segment”). to gating and other obstacles was also plant harvesting areas or opportunities, mentioned. temporary or permanent loss of trails or WTC noted the Project may limit the travelways, or their use (including navigation), ability to access preferred use areas temporary or permanent loss of habitation while increasing access to other areas, sites or their use and temporary or permanent leading to added pressure on resources loss of cultural or spiritual practices or sites. in those areas and public safety In the human occupancy and resource use concerns. assessment, Project effects on access to land used for fishing, hunting, and trapping are addressed through consideration of temporary or permanent loss of use for fishing, hunting, or trapping. Cumulative effects were assessed as part of the Consolidated ESA based on whether or not other current or planned projects have the potential to interact with the effects of the Project on individual VCs. Given the available information for the Project and the residual effects assessment, the Project’s residual adverse effects on certain VCs will interact with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

WTC reported negative effects on Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to ceremonial practices and the character Use (Volume 16 Part C1) cultural or spiritual practices or sites for mitigate potential effects from the Project on TLRU. Refer to the of sacred sites as a result of industrial traditional purposes are addressed through Project-specific EPPs for a list of general mitigation measures development and socio-demographic consideration of, temporary or permanent loss that mitigate potential effects pertaining to Project construction changes. Power generators and the of cultural or spiritual practices or sites. and maintenance activities in Northern Ontario (see “Project flooding of burial sites from dams were Cumulative effects were assessed as part of Description for Northern Ontario Segment”). noted by WTC in particular. the Consolidated ESA based on whether or not other current or planned projects have the potential to interact with the effects of the Project on individual VCs. Given the available information for the Project and the residual effects assessment, the Project’s residual adverse effects on certain VCs will interact with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities. For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

WTC reported a decline in wildlife Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to populations and changes in wildlife Use (Volume 16 Part C1) hunting, trapping for traditional purposes are mitigate potential effects from the Project on TLRU. Refer to the health and habitat. These changes are Wildlife and Wildlife Habitat addressed through consideration of temporary Project-specific EPPs for a list of general mitigation measures attributed to a variety of factors (Volume 15 Part C1) or permanent loss of hunting areas or that mitigate potential effects pertaining to Project construction associated with industrial development, opportunities, and temporary or permanent and maintenance activities in Northern Ontario (see “Project including increased traffic, habitat Human Occupancy and loss of trapping areas or opportunities. Description for Northern Ontario Segment”). destruction from land clearing and fires. Resource Use (Volume 16 Part C1) In the wildlife and wildlife habitat assessment, WTC reported having to travel further habitat types (e.g., forested lands) are used to distances to access healthy and assess the change in habitat availability and abundant game. change in habitat connectivity. Habitat suitability for selected wildlife species is determined using habitat associations (i.e., based on species preference of the habitat types). The change in mortality risk is considered for selected wildlife species. See also the human occupancy and resource use assessment, where the Project effects on lands used for hunting are addressed through consideration of temporary or permanent loss of use for fishing, hunting or trapping. Cumulative effects were assessed as part of the Consolidated ESA based on whether or not other current or planned projects have the potential to interact with the effects of the Project on individual VCs. Given the available

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures information for the Project and the residual effects assessment, the Project’s residual adverse effects on certain VCs will interact with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities. For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

WTC indicated that existing The Matachewan Reserve is outside Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to development and land use, including the TLRU RAA. Use (Volume 16 Part C1) fishing for traditional purposes are addressed mitigate potential effects from the Project on TLRU. Refer to the farming, fracking, mining, logging, and Surface Water Resources through consideration of temporary or Project-specific EPPs for a list of general mitigation measures increased traffic, has affected water (Volume 15 Part C1) permanent loss of fishing areas or that mitigate potential effects pertaining to Project construction quality and fish resources. opportunities. and maintenance activities in Northern Ontario (see “Project Fish and Fish Habitat Description for Northern Ontario Segment”). WTC stated they no longer fish (Volume 15 Part C1) In the Consolidated ESA, Project effects on downriver of Matachewan8 due to surface water resources, fish and fish habitat, effects from a spill from a tailings pond Human Occupancy and and human occupancy and resource use are that occurred there in the past. Resource Use (Volume 16 assessed. Part C1) WTC have observed changes to fish Cumulative effects were assessed as part of species, including decreased size of the Consolidated ESA based on whether or fish, increased quantity of less desirable not other current or planned projects have the species, and unusual spotting as a potential to interact with the effects of the result of pollution and chemical and Project on individual VCs. Given the available heavy metal contamination. WTC also information for the Project and the residual noted that changed water flows and effects assessment, the Project’s residual flooding from dams have disrupted fish adverse effects on certain VCs will interact habitat and movement. with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities. For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

8 OTE information did not specify whether “Matachewan” is the Reserve, Township or town. The closest to the PDA is the Matachewan Reserve; therefore, distance from PDA was calculated from the reserve boundary.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council

Table 11 TLRU Information and Mitigation – Wabun Tribal Council

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Wabun Tribal Council Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations2 Consolidated ESA/EPP Mitigation Measures

WTC indicated that the Project may add Traditional Land and Resource In the TLRU assessment, Project effects on WTC requested that a “full and Energy East acknowledges the request for a comprehensive to cumulative effects and reduce the Use (Volume 16 Part C1) hunting, fishing, trapping, plant harvesting, comprehensive cumulative impact cumulative impact assessment; Energy East will discuss the ability and confidence of WTC members Surface Water Resources travel, habitation, and cultural or spiritual assessment” be completed (WTC recommendations here, as well as any additional measures, to drink water and consume wildlife, fish (Volume 15 Part C1) practices and sites for traditional purposes are 2015b). with WTC. and plant resources. WTC identified the addressed through consideration of temporary Refer to the TLRU mitigation measures listed above this table to potential for permanent loss of use of Wildlife and Wildlife Habitat or permanent loss of hunting areas or (Volume 15 Part C1) mitigate potential effects from the Project on TLRU. Refer to the watercourses, wildlife and plant opportunities, temporary or permanent loss of Project-specific EPPs for a list of general mitigation measures resources harvested by WTC, and Fish and Fish Habitat fishing areas or opportunities, temporary or that mitigate potential effects pertaining to Project construction associated cultural knowledge due to oil (Volume 15 Part C1) permanent loss of trapping areas or and maintenance activities in Northern Ontario (see “Project spills and other contamination over opportunities, temporary or permanent loss of Vegetation and Wetlands Description for Northern Ontario Segment”). multiple future generations. Overall, plant harvesting areas or opportunities, (Volume 15 Part C1) WTC noted that “the Project will add to temporary or permanent loss of trails or existing impacts to further inhibit and Human Occupancy and travelways, or their use (including navigation), disrupt their ability to practice their Resource Use (Volume 16 temporary or permanent loss of habitation treaty rights,” (WTC 2015b). Part C1) sites or their use, temporary or permanent loss of cultural or spiritual practices or sites. In the Consolidated ESA, Project effects on the biophysical and socio-economic environment were assessed under the following valued components: surface water resources; wildlife and wildlife habitat; fish and fish habitat; vegetation and wetlands; and human occupancy and resource use. Cumulative effects were assessed as part of the Consolidated ESA based on whether or not other current or planned projects have the potential to interact with the effects of the Project on individual VCs. Given the available information for the Project and the residual effects assessment, the Project’s residual adverse effects on certain VCs will interact with residual adverse effects of past, existing, or certain and reasonably foreseeable physical activities. For those VCs where an interaction is predicted, with the implementation of appropriate routing, design, and mitigation, it is unlikely that the Project’s contributions to cumulative residual effects will further affect the VC.

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Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016a. Tribal Council Detail: Wabun Tribal Council. Retrieved February 2016 from: http://fnp-ppn.aandc- aadnc.gc.ca/fnp/Main/Search/TCMain.aspx?TC_NUMBER=1080&lang=eng.

2016b. First Nation Detail: Brunswick House First Nation. Retrieved February 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=228&lang=eng.

2016c. First Nation Detail: Chapleau Ojibway First Nation. Retrieved February 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=229&lang=eng.

2016d. First Nation Detail: Flying Post First Nation. Retrieved February 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=227&lang=eng.

2016e. First Nation Detail: Matachewan First Nation. Retrieved February 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=219&lang=eng.

2016f. First Nation Detail: Mattagami First Nation. Retrieved February 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=226&lang=eng.

Brunswick House First Nation (BHFN). 2009. Brunswick House First Nation History. Retrieved February 2016 from: http://www.brunswickhousefirstnation.com/brunswick-house-history.asp.

Macfie, John. 1991. Hudson Bay Watershed: A Photographic Memoir of the Ojibway, Cree, and Oji-Cree. Dundurn.

Wabun Tribal Council (WTC). 2015a. Interim Report for the Wabun Tribal Council Traditional Use Study and Assessment for TransCanada Pipelines Ltd.’s Proposed Energy East Pipeline Project. Prepared by Olson, R., Tam, J., Firelight Group Research Cooperative on behalf of Wabun Tribal Council.

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

2015c. Application to Participate (NEB Exhibit No. A66724-1; NEB Filing ID A42K2). Timmins, Ontario, pg. 3. Retrieved February 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll/fetch/2000/90464/90552/2432218/2540913/2797619/2798507/2692360/A66724-1_Application_To_Participate_-_A4I2K2.pdf?nodeid=2692468&vernum=-2

2016. Wabun Tribal Council - Welcome. Retrieved February 2016 from: http://www.wabun.on.ca.

46 May 2016 Energy East Pipeline Ltd.