Mattagami First Nation

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

MATTAGAMI FIRST NATION

Mattagami First Nation (MaFN) (Band No. 226) is an Ojibway-Cree Nation affiliated with the Wabun Tribal Council as well as the Nishnawbe Aski Nation and is a signatory of Treaty 9 (AANDC 2016; MaFN 2016). Mattagami First Nation falls under the Indian Act election provisions, with a Chief and five Councillors elected to a two-year term (AANDC 2016; MaFN 2016).

Mattagami First Nation has one reserve, Mattagami 71 (5,261 ha), located 113 km southwest of Kirkland Lake, Ontario (AANDC 2016). As of March 2016, Mattagami First Nation had a registered population of 566 members, with 171 members on reserve, 6 members on other reserves, 6 members on Crown land and 383 members living off reserve (AANDC 2016).

LOCATION RELATIVE TO THE PROJECT

Mattagami 71 Reserve is located 101.7 km from the Project development area (PDA) and 97.1 km from the existing right-of-way (RoW). Mattagami First Nation Traditional Territory includes the area between the proposed Smooth Rock Falls and Haileybury pump stations, as well as the Mattagami and Grassy rivers, two watercourses crossed by the RoW (MaFN 2015a).

TLRU INFORMATION SOURCES

One member of Mattagami First Nation presented oral traditional evidence (OTE) to the National Energy Board (NEB) regarding the Project. The hearing was held in Timmins, Ontario on November 19, 2015. The transcript from this hearing, which is available on the NEB Project Directory (MaFN 2015b), is a source of traditional land and resource use (TLRU) information for Mattagami First Nation considered in this report. The transcript was reviewed and information was incorporated into Table 7, columns “Traditional Land and Resource Use Information” and “Mattagami First Nation Mitigation Recommendations”.

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

KEY TOPICS IDENTIFIED BY MATTAGAMI FIRST NATION IN RELATION TO THE PROJECT

The following key topics were identified from OTE information provided by Mattagami First Nation in relation to the Project (MaFN 2015b):

• Continued practice of traditional ways of life and importance of transmitting knowledge to younger generations. • Use of the land is important to Mattagami First Nation and members of Mattagami First Nation hunt along the proposed RoW. • Potential pipeline spill which could contaminate the land, including medicinal plants and plant harvesting areas, and would displace wildlife. • Mattagami First Nation would no longer harvest from lands contaminated by a pipeline leak. • Use of pesticides and adverse effects on wildlife; effects of mining and forestry industries near Timmins. • Two CN derailments which have affected the Mattagami River system; downstream from these spills, the water is not suitable for drinking, fish cannot be consumed and wildlife is no longer harvested.

Mattagami First Nation has identified one site within the TLRU local assessment area (LAA) and one site within the TLRU regional assessment area (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 7, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Mattagami First Nation to discuss these mitigation measures and determine if additional mitigation measures are required.

Mattagami First Nation noted that there are existing mines and forestry projects near Timmins. Industry activities such as aerial spraying with pesticides affect the animals. “Once a certain area is replanted and then sprayed with these which is called pesticides, I believe it is, and there’s nothing living in around in that area at all once it’s sprayed” (MaFN 2015b).

Mattagami First Nation identified two CN railway derailments that occurred in March 2015. The derailment near Gogama resulted in train cars entering the Mattagami River, spilling thousands of litres of oil into the river system (MaFN 2015b). “Right now is that we’re seeing dead fish in our river system, dead ducks. Our walleye didn’t even spawn in that river anymore where it was a very, very nice spawning bed. The whitefish didn’t go up the river to spawn this fall. Our animals moved out of there” (MaFN 2015b). Mattagami First Nation added that there are also human effects resulting from the derailments; community members restrict their use of the river (MaFN 2015b).

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

MATTAGAMI FIRST NATION 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 northern Ontario. Mattagami First Nation has identified the following locations farther than 50 km from the PDA: Grassy River is 63 km from the PDA; and Gogama is 125 km from the PDA.

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

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

The approach to identifying additional relevant mitigation measures from the EPP and ESA in Table 7 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

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 Mattagami First Nation

• 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 Mattagami First Nation.

Table 7 TLRU Information and Mitigation – Mattagami First Nation

MaFN expressed concern about Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to losing the ability to harvest plants and Use (Volume 16 Part C1) hunting, fishing, trapping and plant mitigate potential effects from the Project on TLRU. Refer to the animals for subsistence and stated Fish and Fish Habitat harvesting for traditional purposes are Temporary Facilities EPP, Pump Station EPP, and Conversion that the loss of subsistence (Volume 15 Part C1) addressed through consideration of Segments EPP for a list of general mitigation measures that mitigate harvesting would be devastating. temporary or permanent loss of hunting potential effects pertaining to construction and maintenance activities Vegetation and Wetlands areas or opportunities, temporary or in Northern Ontario (see “Project Description for Northern Ontario MaFN indicated harvesting along the Highway 17 is intersected by the (Volume 15 Part C1) permanent loss of fishing areas or Segment”) on fish and fish habitat, access to waterbodies used for Highway 17 corridor toward Nipigon. existing RoW and is within the TLRU 3 Wildlife and Wildlife Habitat opportunities, temporary or permanent loss fishing, traditional use plants, wildlife and wildlife habitat, and lands LAA . (Volume 15 Part C1) of trapping areas or opportunities and used for hunting and trapping. 4 temporary or permanent loss of plant Nipigon is within the TLRU RAA . Human Occupancy and harvesting areas or opportunities. Resource Use (Volume 16 Part C1) In the Consolidated ESA, Project effects on the biophysical and socio-economic environment were assessed under the following valued components: fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat; and human occupancy and resource use. With the application of recommended mitigation measures during construction and operation Project effects on fish and fish habitat, and lands used for fishing, hunting and trapping, and changes in vegetation and wetlands and wildlife and wildlife habitat are predicted to be not significant over the life of the Project.

2 The recommendations for mitigation in this column have been provided to Energy East by Aboriginal groups through the results of a TLRU Study or an OTE hearing. Energy East will discuss the recommendations here, as well as any additional measures, with each Aboriginal group. 3 For this table, sites and areas identified as being within the TLRU LAA are assumed to be outside the PDA. 4 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 Mattagami First Nation Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Temporary or Permanent Loss of Hunting Areas or Opportunities

MaFN hunts moose, beaver, The existing RoW is used for hunting. Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that mitigate partridge, geese, ducks and other Use (Volume 16 Part C1) hunting for traditional purposes are potential effects on wildlife and wildlife habitat and land used for waterfowl. “I do a lot of hunting along Wildlife and Wildlife Habitat addressed through consideration of hunting that pertain to construction and maintenance activities in the -- where the proposed pipeline is (Volume 15 Part C1) temporary or permanent loss of hunting Northern Ontario (see “Project Description for Northern Ontario going to be” (MaFN 2015b). Hunting areas or opportunities. Segment”). Human Occupancy and occurs year-round, but mostly in the In the wildlife and wildlife habitat TLRU fall. Resource Use (Volume 16 Part C1) assessment, moose is listed as a species In addition to the TLRU mitigation measures listed above this table, to of management concern (SOMC). mitigate potential effects from the Project of temporary or permanent For selected wildlife species, habitat types loss of hunting areas or opportunities, the following mitigation could be (e.g., forested lands) are used to assess implemented by Energy East, subject to engagement (see Temporary the change in habitat availability and Facilities EPP, Pump Station EPP, and Conversion Segments EPP): change in habitat connectivity. Habitat • The EPPs include seasonal timing constraints for wildlife and suitability for selected wildlife species is fisheries resources. These timing constraints are to be followed determined using habitat associations (i.e., unless otherwise approved by an appropriate regulatory authority. based on species preference of the habitat types). The change in mortality risk is • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, considered for selected wildlife species. rollback) and strung pipe at obvious drainages and wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across See also the human occupancy and the right-of-way. Locations where gaps are appropriate will be resource use assessment, where the determined in the field by the Environmental Inspector(s). Gaps Project effects on lands used for hunting should align. The Environmental Inspector(s) will identify and notify are addressed through consideration of the Contractor of the appropriate locations for gaps. temporary or permanent loss of use for fishing, hunting, or trapping. • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control In cases where hunting activities are overlapped by both the PDA and the LAA, management plan. Refer to the Traffic Control Management Plan (see EPP). the Project will have an effect on land used for hunting as well as wildlife habitat within • Clearly delineate areas that have access restrictions. Restrict the PDA and may have an effect on these access to essential construction personnel only. Direct all other areas within the LAA during construction. personnel to the RoW via alternate access routes. During the life of the Project, the PDA of the • Reclaim disturbed areas following completion of construction; facilities and access roads will not be restore access to and use of affected areas not required for available for hunting or for wildlife habitat. permanent facilities. However, the areas used for hunting or as wildlife habitat outside the PDA but within • Project personnel are not permitted to hunt on the work site. the LAA of the facilities and access roads Resource-Specific may be affected. Habitat adjacent to the facilities may be affected during There are mitigation measures outlined below that mitigate potential operations due to sensory disturbance. The effects on Migratory Birds (see Temporary Facilities EPP, Pump Project will not affect lands used for hunting Station EPP, and Conversion Segments EPP): and wildlife species in areas that are • In the event of clearing or construction activities occurring within the located outside of the LAA for the wildlife restricted activity period (RAP) for migratory birds (April 10 to and wildlife habitat, and human occupancy August 14) the footprint should be surveyed by a qualified wildlife and resource uses assessments. biologist for active migratory bird nests within 7 days of work As determined in the wildlife and wildlife commencing. Follow the Bird Nest Mitigation Plan (see EPP). habitat assessment in the Consolidated • Active nests must not be damaged or destroyed ESA the Project will not threaten the long-term viability of wildlife within the RAA. Construction Similarly, for the human occupancy and Prior to construction, mitigation measures include: resource use assessment, the Project will • Undertake seasonally appropriate surveys to identify key habitat and not change or disrupt current resource use habitat features (e.g., wetlands, burrows, nests) of SOMC before (e.g., hunting) in the RAA. undertaking construction.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Temporary or Permanent Loss of Fishing Areas or Opportunities

MaFN harvests fish during the Lake Temagami is within the TLRU Traditional Land and Resource In the TLRU assessment, Project effects on The identified TLRU areas occur outside the TLRU LAA, as well as the summer months at Lake Temagami. RAA. Use (Volume 16 Part C1) fishing for traditional purposes are fish and fish habitat and human occupancy and resource use Species fished include: walleye, Fish and Fish Habitat addressed through consideration of assessments LAAs; therefore, no Project interactions are anticipated. whitefish, ling, pike, perch, bass, and (Volume 15 Part C1) temporary or permanent loss of fishing As such, mitigation measures are not applicable. trout. areas or opportunities. Human Occupancy and Resource Use (Volume 16 In the fish and fish habitat assessment, fish Part C1) species that can be fished for subsistence are considered under commercial, recreational, and Aboriginal (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.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Temporary or Permanent Loss of Trapping Areas or Opportunities

MaFN members identified a trapline Grassy River and Matachewan Traditional Land and Resource In the TLRU assessment, Project effects on The identified TLRU areas occur outside the TLRU LAA, and the south of Matachewan5, on the Reserve No. 72 are outside the TLRU Use (Volume 16 Part C1) trapping for traditional purposes are human occupancy resource use and wildlife and wildlife habitat LAAs; 6 Grassy . Species harvested include RAA. Human Occupancy and addressed through consideration of therefore, no Project interactions are anticipated. As such, mitigation beaver, muskrat and rabbit. Resource Use (Volume 16 temporary or permanent loss of trapping measures are not applicable. Trapping occurs year-round, but Part C1) areas or opportunities. mostly in the fall. Wildlife and Wildlife Habitat In the human occupancy and resource use (Volume 15 Part C1) assessment, Project effects on lands used for trapping are addressed through consideration of temporary or permanent loss of use for fishing, hunting or trapping. See also the wildlife and wildlife habitat assessment, where the habitat types (e.g., forested lands) for selected wildlife species, are used to assess the change in habitat availability and 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). As part of the Consolidated ESA, potential effects on furbearer habitat were indirectly assessed through the change in area of habitat types.

5 OTE information did not specify whether “Matachewan” is the Reserve, Township or town. The closest to the PDA is Matachewan Reserve No.72; therefore, distance from PDA was calculated from the reserve boundary. 6 “Grassy” is assumed to be Grassy River.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Temporary or Permanent Loss of Plant Harvesting Areas or Opportunities

MaFN members gather medicinal Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that mitigate plants such as tamarack, balsam, Use (Volume 16 Part C1) plant harvesting for traditional purposes are potential effects on traditional use plants that pertain to construction birch, mountain ash, Labrador leaves, Vegetation and Wetlands addressed through consideration of and maintenance activities in Northern Ontario (see “Project lily pad root, weecase, and cedar. (Volume 15 Part C1) temporary or permanent loss of plant Description for Northern Ontario Segment”). MaFN emphasized the cultural harvesting areas or opportunities. TLRU importance of cedar. In the vegetation and wetlands In addition to the TLRU mitigation measures listed above this table, to assessment, Project effects on traditional mitigate potential effects from the Project of temporary or permanent use plants are indirectly assessed through loss of plant harvesting areas or opportunities, the following mitigation consideration of change in native could be implemented by Energy East, subject to engagement (see vegetation communities and loss or Temporary Facilities EPP, Pump Station EPP, and Conversion disturbance of wetlands. The presence and Segments EPP): abundance of native vegetation communities and wetlands in the PDA is • Provide opportunities for harvesting plants or other resources before determined through desktop analysis and construction, where feasible. If TLRU sites not previously identified field surveys. are discovered during construction, follow the TLU Sites Discovery Contingency Plan (see EPP). As determined in the vegetation and wetlands assessment in the Consolidated • Prohibit the use of herbicides within 30 m of an open body of water, ESA, the Project will not affect the long- unless the herbicide application is conducted by ground application term sustainability of vegetation equipment, or otherwise approved by the relevant regulatory communities in the RAA or result long-term agency, where applicable. wetland loss that cannot be mitigated. • 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 Mattagami First Nation Volume 25, Binder 2: Mitigation Tables – Boreal Region

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Mattagami First Nation Information Development Area Documents Context from the Consolidated ESA Mitigation Recommendations2 Consolidated ESA/EPP Mitigation Measures 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. • 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.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

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

MaFN members travel along the Highway 17 is intersected by the Traditional Land and Resource In the TLRU assessment, Project effects on Mitigation for heritage resource sites is required by the appropriate corridor of Highway 17 toward existing RoW; Highway 17 is also Use (Volume 16 Part C1) travel for traditional purposes are provincial regulator prior to construction as a condition of clearance. Nipigon to harvest in the area. intersected by the PDA, including a Heritage Resources addressed through consideration of For sites determined to be heritage sites, mitigation may include mainline valve. Nipigon is within the (Volume 16 Part C1) temporary or permanent loss of trails or detailed mapping, photography, additional assessment, archaeological TLRU RAA. travelways, or their use (including excavation, monitoring during construction or avoidance by means of navigation). route adjustments or temporary fencing during construction. In the heritage resources assessment, There are general mitigation measures as outlined below that mitigate traditional travelways that have been potential effects on heritage resources that pertain to construction and identified as heritage resources by the maintenance activities in Northern Ontario (see “Project Description for appropriate provincial regulator are Northern Ontario Segment”). addressed through effects on loss or TLRU alteration to heritage resource sites and context. Identification by the province for In addition to the TLRU mitigation measures listed above this table, to each heritage resource site will consider mitigate potential effects from the Project of temporary or permanent the age of the site, its historical context, loss trails or travelways, or their use (including navigation), the and whether it has recognizable physical following mitigation could be implemented by Energy East, subject to remains. engagement (see Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): The heritage resources assessment is focused on the PDA; for sites outside the • All construction traffic will adhere to safety and road closure PDA there are no predicted effects. As regulations. Speed limits will be established as per the traffic control ongoing consultation results in the management plan. Refer to the Traffic Control Management Plan identification of new heritage resource sites (see EPP). within the PDA, their assessment will be • Clearly delineate areas that have access restrictions. Restrict undertaken. access to essential construction personnel only. Direct all other As described in the heritage resources personnel to the RoW via alternate access routes. assessment in the Consolidated ESA, all • Reclaim disturbed areas following completion of construction; heritage resource sites will be evaluated by restore access to and use of affected areas not required for the appropriate provincial regulator and permanent facilities. mitigation requirements (including avoidance) commensurate with the heritage • Create new, temporary portages to allow transport of watercraft value of the site will be issued. With the around active construction areas. implementation of site-specific mitigation

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Other Environmental

MaFN expressed concerns about the TransCanada Operating The effect of herbicides was not assessed Energy East will implement the weed management procedures use of sprays associated with mining Procedures for Invasive for vegetation and wetlands, and wildlife outlined in TransCanada’s Integrated Vegetation Management and forestry, and the effect on Vegetation Weed Control and wildlife habitat. The use of herbicides Program (IVMP) and TransCanada’s Operating Procedure (TOP) for animals in areas such as Timmins. Management for the Project will follow TransCanada’s Invasive Vegetation Weed Control Management during the MaFN members noted that when an Integrated Vegetation Operating Procedures and provincial construction and operations of the Project. area is replanted and pesticides are Management Program permits (i.e., when used in the vicinity of Energy East commits to restrict the general application of herbicides used, “there’s nothing living in around waterbodies), and only be used on a on a site-specific basis near discrete traditional land use sites, as Vegetation and Wetlands site-specific basis. in that area at all once it’s sprayed. (Volume 15 Part C1) agreed upon with the affected Aboriginal community. In order to Everything completely moves out of During construction, mitigation measures commit to restricting the general application of herbicides near there.” (MaFN 2015b) Wildlife and Wildlife Habitat are used to prevent the introduction or traditional land use sites, Energy East requires specific locations of (Volume 15 Part C1) spread of invasive species (e.g., cleaning traditional land use sites that are located on or adjacent to the Project stations). Herbicides might be used where footprint and that can be clearly delineated and mapped. These required to control invasive species. locations will be shown on the environmental alignment sheets. Herbicides will not be used for RoW There are general mitigation measures as outlined below that pertain vegetation management to control woody to maintenance activities in Northern Ontario (see “Project Description vegetation on the pipeline RoW. for the Northern Ontario Segment”). Vegetation Management During construction and operation, mitigation measures pertaining to maintenance activities along the 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.

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Table 7 TLRU Information and Mitigation – Mattagami First Nation

Community Health and Wellbeing

MaFN emphasized the importance of Traditional Land and Resource In the TLRU assessment, Project effects on There are general mitigation measures as outlined below that pertain teaching children and grandchildren Use (Volume 16 Part C1) cultural or spiritual practices and sites for to construction and maintenance activities in Northern Ontario (see the traditional way of life: “I want to traditional purposes are addressed through “Project Description for Northern Ontario Segment”). pass on my tradition to my children, consideration of temporary or permanent TLRU which I’m doing now today, and now loss of cultural or spiritual practices or sites. I’m showing my grandchildren all In addition to the TLRU mitigation measures listed above this table, to these, you know, traditional stuff that mitigate potential effects from the Project of temporary or permanent we’re doing” (MaFN 2015b). loss of cultural or spiritual practices or sites, the following mitigation could be implemented by Energy East, subject to engagement (see the Temporary Facilities EPP, Pump Station EPP, and Conversion Segments 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. 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.

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Table 7 TLRU Information and Mitigation – Mattagami First Nation

Accidents and Malfunctions

MaFN recounted previous experience Kirkland Lake is within the TLRU Accidents and Malfunctions The accidents and malfunctions Emergency Response Planning with oil spills that occurred north of RAA. (Volume 19) assessment analyzed the potential TransCanada’s operations and emergency response philosophy Gogama within a period of two weeks Gogama is outside the TLRU RAA. frequency of oil spills of different volumes focuses on minimizing any impact from an emergency incident by in March 2015: two Canadian and completed a risk assessment of oil stopping the flow of the pipeline and thereby minimizing the potential National (CN) railway derailments spills on sites of interest which were impact from an incident. In parallel, processes are started to assess occurred where rail cars fell into the selected based on environmental the emergency situation and begin an immediate and full response. river and “thousands and thousands sensitivity. The sites of interest are of litres” (MaFN 2015b) of oil went representative of similar locations Energy East will develop an Emergency Response Plan (ERP). into the river system. As a result, elsewhere along the pipeline route and Federal regulations require pipeline operators to have ERPs prepared MaFN has observed mortality in include watercourse crossings, water well and in place to respond to emergency incidents that might occur well ducks and fish, and reduced presence supplies, and private well clusters. in advance of the application for leave to operate. The goals of Energy East’s ERP are to: of animals in the area. MaFN has also Within Ontario, sites of interest included: had to change harvesting areas and Trout Lake, Rideau River, and private water • establish guidelines and procedures to follow in emergencies that TLRU practices. well clusters in the Rideau River area; protect the health and safety of the public and responders MaFN expressed concern regarding however, Gogama and Kirkland Lake is not • minimize hazards resulting from pipeline emergencies the Project, based on this previous specifically addressed in the accidents and experience, noting in particular that malfunctions assessment. • establish procedures for training employees on emergency procedures the effects of a pipeline rupture would Based on the analysis presented in the be large and it would be difficult to accidents and malfunctions assessment, • establish guidelines for continuing educational and liaison programs restore land to its original condition. the predicted frequency of incidents and the designed to inform community first responders and the public of the MaFN stated that once land is probability of a large spill occurring is low. procedures to follow in recognizing, reporting and responding to an contaminated from a spill, animals Consequently, the risk of environmental emergency condition leave the area. effects is minimal. Compliance with Energy East will develop communication protocols as part of the ERP MaFN members expressed concern regulations, application of TransCanada’s that will include notifying the public in the event of an emergency. about downstream effects should an Capital Planning Management System and In the event of a spill, Energy East will consult with regulatory agencies accident or malfunction take place at Asset Management System and to determine the appropriate and preferred approach to clean-up and Kirkland Lake. “And if we ever, ever Emergency Response Plan (ERP), and monitoring. Together with the regulatory agencies, a plan will be had an impact somewhere around adherence to safety procedures will result created to ensure that short and long term environmental effects are Kirkland Lake, you know, if the water in the pipeline being operated in an minimized. Energy East would be responsible for cleanup of any flows down towards my area, all that environmentally responsible and safe way contaminated soils. Groundwater would not be released from the site land would be ruined for us” (MaFN with a focus on spill prevention. 2015b). 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.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

Cumulative Effects

MaFN members stated that the CN Gogama is outside the TLRU RAA. Traditional Land and Resource In the TLRU assessment, Project effects on Refer to the TLRU mitigation measures listed above this table to derailments and consequent oil spills Use (Volume 16 Part C1) hunting and fishing for traditional purposes mitigate potential effects from the Project on TLRU. Refer to the which took place north of Gogama in Fish and Fish Habitat are addressed through consideration of Project-specific EPPs for a list of general mitigation measures that 2015 affected species in the area: (Volume 15 Part C1) temporary or permanent loss of hunting mitigate potential effects pertaining to Project construction and walleye and whitefish no longer areas or opportunities, and temporary or maintenance activities in Northern Ontario (see “Project Description for spawn in a nearby river and wildlife Surface Water Resources permanent loss of fishing areas or Northern Ontario Segment”). were displaced from the area. MaFN (Volume 15 Part C1) opportunities. members also indicated observing Wildlife and Wildlife Habitat In the fish and fish habitat assessment, fish dead fish and ducks in the area. (Volume 15 Part C1) species that can be fished for subsistence MaFN stated having to change the Human Occupancy and are considered under CRA fisheries. areas in which they hunt as a result of Resource Use (Volume 16 See also surface water resources these events: “I was forced from my Part C1) assessment, where the effects from the own backyard to go elsewhere to go Project on surface water resources, and harvest the moose, the fish, like including natural sources of drinking water, in the surrounding area where this are change in surface water quality and derailment happened” (MaFN 2015b). change in surface water quantity. Also, MaFN members no longer eat Habitat potential for fish species that fish or drink water from some areas contribute to a CRA fishery in watercourses because of the CN railway and waterbodies crossed by the Project is derailments; “We’d go out and have -- determined through existing information we cooked fish, boiled some water to and field surveys. RAPs are applicable for make tea. And now today I can’t do all species considered for CRA fisheries that because of the oil spill. I won’t and are considered in recommended allow my children, myself, nor my mitigation measures. grandchildren to even drink our water or consume the fish.” (MaFN 2015b) The potential effects from the Project on fish and fish habitat are change in fish movement, migration and fish passage, change in fish mortality and the introduction of deleterious substances. See also the wildlife and wildlife habitat assessment, where moose is listed as a SOMC. For selected wildlife species, habitat types (e.g., forested lands) are used to assess the change in habitat availability and 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.

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

Table 7 TLRU Information and Mitigation – Mattagami First Nation

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Detail: Mattagami First Nation. Retrieved March 2016 from: http://pse5-esd5.ainc-inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=226&lang=eng.

Mattagami First Nation (MaFN). 2015a. Application to Participate (Neb Exhibit No. A66731-1; NEB Filing ID A4I2L3). Gogama, Ontario. Retrieved February 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll?func=ll&objId=2692695&objAction=browse&viewType=1.

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

2016. Home: History of Mattagami First Nation. Retrieved February 2016 from: http://mattagami.com/

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

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