Samson Cree Nation

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Samson Cree Nation

SAMSON CREE NATION

Samson Cree Nation (SCN) (Band No. 444) is a signatory of Treaty 6, a member of the Confederacy of Treaty Six First Nations, and one of four Nations of Hobbema (CTSN 2016; SCN 2013). Effective January 1, 2014, the area’s name officially changed from Hobbema to Maskwacis (CBC 2013). Samson Cree Nation is governed under a custom electoral system, with a Chief and 12 Councillors elected to a three-year term (AANDC 2016).

Samson Cree Nation comprises three reserves: Samson 137 (13,552 ha), located 76 km south of Wetaskiwin; Samson 137A (134 ha), located within portions of Townships 43 and 44 and Range 24; and Pigeon Lake 138A (1,921 ha), located 39 km west of Wetaskiwin, Alberta and shared by all Four Nations of Maskwacis. Samson 137 is the most populated of the three reserves (AANDC 2016). As of March 2016, Samson Cree Nation had a registered population of 8,309, with 5,849 members on reserve, 498 on other reserves, 12 members on Crown land and 1,950 living off reserve (AANDC 2016).

LOCATION RELATIVE TO THE PROJECT

Samson 137 is located 131.7 km from the Project development area (PDA). Samson Cree Nation referred to important cultural sites—Chief Mountain, Sweetgrass Hills and the Bison Pound—as “regional study areas” (SCN 2015).

TLRU INFORMATION SOURCE

Six members of Samson Cree Nation presented oral traditional evidence (OTE) to the National Energy Board (NEB) regarding the Project. The hearing was held in Calgary, Alberta on December 11, 2015. The transcript from this hearing, which is available on the NEB Project directory (SCN 2015), represents the traditional land and resource use (TLRU) information source for Samson Cree Nation considered in this report. The transcript was reviewed and information was incorporated into Table 9, columns “Traditional Land and Resource Use Information” and “Samson Cree Nation Mitigation Recommendations”.

Additionally, Samson Cree Nation is participating in a collaborative TLRU study with Stantec Consulting Limited; however, the results are not available for use at time of filing Volume 25.

KEY TOPICS IDENTIFIED BY SAMSON CREE NATION IN RELATION TO THE PROJECT

The following key topics were identified from OTE information provided by Samson Cree Nation in relation to the Project (SCN 2015):

• Identification and protection of cultural, spiritual, sacred and habitation sites, as well as burial sites and Sun Dance lodges. • Potential effects from the Project resulting from the pipeline being underground, including the duration of time an accident or malfunction could go unnoticed (see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]). • Water quality, including contamination of watersheds and the potential for project effects on drinking water in the event of an accident or malfunction. • Effects of industrial development on ecosystems, including reduction in the number and variety of plants and animals, and access restrictions. • Economic and health concerns regarding the cumulative effects of industrial development on traditional practices and traditional diet. • Project and cumulative effects to future generations. • Respect for Aboriginal interests and treaty rights. • Political agendas influencing the consultation process, resulting in inadequate consultation, mitigation and accommodation.

Samson Cree Nation has identified one site within the PDA, one site within the TLRU local assessment area (LAA), and three sites within the TLRU regional assessment area (RAA). As described in Volume 16, Parts A and B, 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, outlined in Table 9, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Samson Cree Nation to discuss these mitigation measures and determine if additional mitigation measures are required.

Samson Cree Nation identified the Hardisty Bison Pound, Sweetgrass Hills, Sounding Lake, Thunder Hills (also known as Pipestone), Chief Mountain, Hand Hills, Neutral Hills, Hardisty, Alberta and Kindersley, Saskatchewan as sites of great cultural importance (SCN 2015). Samson Cree Nation declared that there are stones in the Hardisty area that are sacred to Samson Cree Nation. Samson Cree Nation reported that teepee rings and medicine wheels were discovered by Samson Cree Nation during a field survey conducted on a nearby pipeline route for a different project, between Hardisty and the South Saskatchewan River (SCN 2015).

Samson Cree Nation stated that in the past, its members were not consulted when significant artifacts were found and destroyed (SCN 2015). Samson Cree Nation maintains that past, and potentially future, disruption or destruction to sites of significance has lasting effects on the way Samson Cree Nation maintains traditional systems and such effects are passed down to younger generations (SCN 2015). Samson Cree Nation is of the position that heritage resources protection methodologies must be implemented, in coordination with the NEB, to assist in the prevention of “ongoing and future irreparable harms” (SCN 2015; see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]).

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Energy East Project Samson Cree Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Samson Cree Nation has raised questions regarding the regulatory process (see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]). Samson Cree Nation stated that the Project crosses Crown Lands that are accessed for traditional uses. Therefore, “We need to be adequately consulted, mitigated, accommodated” (SCN 2015). Samson Cree Nation declared that they “want to support projects in our [Samson Cree Nation] territory” (SCN 2015) stating that “we would feel much more comfortable with the project if it was supervised by our own people and the greater goodwill would be generated towards future development” (SCN 2015; see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]).

Other topics raised by Samson Cree Nation are related to wanting greater involvement in land and resource management and environmental monitoring, wanting opportunities for meaningful employment, and assessment of environmental effects according to the level of impact to Samson Cree Nation cultural and traditional land use interests (SCN 2015). The need for sufficient compensation due to Project effects was also identified (SCN 2015; see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]). Samson Cree Nation has questions concerning marine transport and monitoring processes (see Consolidated Application Volume 10, Appendices 10-11A and 11B [Samson Cree Nation]).

SAMSON CREE NATION TLRU INFORMATION AND MITIGATION TABLE

PROJECT DESCRIPTION1 FOR ALBERTA SEGMENT: This segment includes approximately 284 km of new pipeline (3 km in Saskatchewan), five pump stations, a tank terminal at Hardisty, Alberta, a pressure control station near Burstall, Saskatchewan, installation of watercourse crossings and mainline valves, and permanent access roads. Environmental protection measures for construction are included in the New Pipeline Environmental Protection Plan (EPP), Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). This segment also includes three preliminary camp locations.

During operation, maintenance 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 DESCRIPTION FOR SASKATCHEWAN AND MANITOBA SEGMENT (SASKATCHEWAN ONLY2): This segment includes a portion of the Cromer lateral (2.4 km in Saskatchewan; 55.4 km in Manitoba), 21 pump stations (12 in Saskatchewan; 9 in Manitoba), a tank terminal at Moosomin, Saskatchewan, permanent access roads to aboveground facilities, installation of mainline valves, watercourse crossings on the Cromer lateral, and conversion of approximately 1,078 km of natural gas pipeline to oil pipeline (612 km in Saskatchewan; 466 km in Manitoba). In Manitoba, the Assiniboine River crossing will be replaced, and there is one re-alignment around existing TransCanada facilities at Iles des Chenes mainline valve 41-4. Environmental protection measures for construction are included in the New Pipeline EPP, Conversion Segments EPP, Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). There are three preliminary camp locations in Saskatchewan and none planned in Manitoba. The existing RoW was not included in the PDA that was assessed as part of the ESA.

During operation, maintenance 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 south-eastern Alberta and southern Saskatchewan. Samson Cree Nation has identified the following locations that are farther than 50 km from the PDA: Kindersley (SK) is located 90 km from the PDA; Hand Hills is 114 km; Handhills Lake is 108km; Little Fish Lake (Hand Hills Ecological Reserve) is 116 km from the PDA; the town of Pipestone is 175 km from the Hardisty D tank terminal; and Chief Mountain, Montana is 303 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).

1 For the complete Project Description, see Volume 14, Section 2. 2 Samson Cree Nation has provided information on the Saskatchewan region. It should be noted that the Saskatchewan region falls under the Saskatchewan and Manitoba segment of the Project.

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• 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 9 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 Samson Cree Nation.

Table 9 TLRU Information and Mitigation – Samson Cree Nation

SCN members hunt, fish, trap and Traditional Land and In the TLRU assessment, Project SCN wants plants, air, water and SCN Energy East acknowledges this request for SCN’s involvement in gather plants. Resource Use (Volume 16 effects on hunting, fishing, trapping, treaty rights protected. land and resource management; Energy East will discuss the For SCN the principles of the treaty are Parts A and B) and plant harvesting for traditional SCN would like funding to monitor recommendations here, as well as any additional measures, with lived daily and expressed through usage Fish and Fish Habitat purposes are addressed through Project effects on traditional land use SCN. of the land. (Volume 15 Parts A and B) consideration of temporary or activities. Refer to the Temporary Facilities EPP, Pump Station EPP, Tank permanent loss of hunting areas or Terminal EPP, New Pipeline EPP, and Conversion Segments EPP SCN indicated that treaty rights are Vegetation and Wetlands opportunities, temporary or SCN would like to be more involved in essential for SCN; loss of treaty rights (Volume 15 Parts A and B) land and resource management: “Give for a list of general mitigation measures that mitigate potential permanent loss of fishing areas or effects pertaining to construction and maintenance activities in would threaten the existence of current Wildlife and Wildlife Habitat opportunities, temporary or us the opportunity to formulate a and future generations of SCN by taking strategic alliance which is meaningful Alberta and Saskatchewan (see “Project Description for the Alberta (Volume 15 Parts A and B) permanent loss of trapping areas or Segment” and “Project Description for the Saskatchewan and away the use of land, hunting and opportunities, temporary or and adequate. Give us the employment. Human Occupancy and Manitoba Segment”) on fish and fish habitat, access to gathering of medicinal plants. SCN permanent loss of plant harvesting Give us the monitoring environment Resource Use (Volume 16 waterbodies used for fishing, traditional use plants, wildlife and indicated that pipelines could affect areas or opportunities. contracts…” (SCN 2015) treaty rights. SCN stated that subsurface Parts A and B) wildlife habitat, lands used for hunting and trapping, and heritage resources. rights were not surrendered under Heritage Resources Treaty 6. (Volume 16 Parts A and B)

3 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.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

SCN identified Chief Mountain, The Hardisty Bison Pound 5 is within the Traditional Land and In the TLRU assessment, Project Energy East recognizes that these areas are important to SCN in Sweetgrass Hills4, and “the Bison Pound TLRU RAA6. Resource Use Assessment effects on habitation, and cultural or the context of the Project. The identified TLRU sites or areas occur in this corridor” as sites in relation to the Chief Mountain7 is outside the TLRU (Volume 16 Parts A and B) spiritual practices and sites for outside the TLRU LAA and the heritage resources LAA (equivalent Project (SCN 2015). RAA. Heritage Resources traditional purposes are addressed to the PDA); therefore, no Project interactions are anticipated. As (Volume 16 Parts A and B) through consideration of temporary or such, no mitigation measures are applicable. permanent loss of habitation sites or their use and temporary or permanent loss of cultural or spiritual practices or sites. In the heritage resources assessment, archaeological sites that have been identified as heritage resources by the appropriate provincial regulator are addressed through effects on loss or alteration to heritage resource sites and context. Identification by the province for each heritage resource site will consider the age of the site, its historical context, and whether it has recognizable physical remains. The heritage resources assessment is focused on the PDA; for sites outside the PDA there are no predicted effects. As ongoing consultation results in the identification of new heritage resource sites within the PDA, their assessment will be undertaken.

4 The OTE transcript states: “…he went to Sweetgrass Hills. There’s a Sweetgrass Hills here in Alberta.” (SCN 2015); public data is only available for Sweetgrass Hills, Montana. Therefore, no location relative to PDA information is provided. 5 Hardisty Bison Pound is assumed to be the known archaeological site excavated originally for the Hardisty West Interconnect. 6 For this table, sites and areas identified as being within the TLRU RAA are assumed to be outside the TLRU LAA. 7 Assumed to be Chief Mountain near the Alberta/ Montana border.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Samson Cree Nation

Table 9 TLRU Information and Mitigation – Samson Cree Nation

Soils and Terrain (Volume 15 In the soils and terrain assessment, There are general mitigation measures as outlined below that Part C1) Project effects on subsurface soil are mitigate potential effects on subsurface soil that pertain to addressed through change in soil construction and maintenance activities in Manitoba (see “Project quality and soil loss. Description for the Saskatchewan and Manitoba Segment”). As determined in the soils and terrain Construction assessment in the consolidated ESA, During construction, the following mitigation measures will be the Project will not result in a implemented (see the Temporary Facilities EPP, Pump Stations reduction of the soil quality that EPP and Conversion Segments EPP): cannot be offset through mitigation or compensation measures. • Salvage the organic layer (i.e., leaf litter layer) where strippings salvage is required. Apply minimal surface disturbance (i.e., no stripping, unless grading required) techniques, if practical (see Typical Drawings) • Salvage the surface organic layer from areas to be graded. Avoid overstripping. The area stripped is to correspond to the area graded. • Following the salvage of the topsoil, if warranted, stabilize topsoil windrows and stockpiles using either water or a suitable tackifier as directed by the Environmental Inspector(s). Refer to the Soil Erosion Contingency Plan (see EPP). • Ensure strippings storage areas are in approved right-of-way and temporary workspace. • Undertake all grading with the understanding that original contours and drainage patterns will be re-established during clean-up unless otherwise authorized by the Environmental Inspector(s) or designate. • Ensure spoil material does not spread off right-of-way. • Explore opportunities for application of minimal surface disturbance (i.e., no stripping, unless grading required) techniques. • Should high winds or heavy rains damage the tackifier during construction, the Environmental Inspector(s), in consultation with the Construction Manager, may implement contingency measures as outlined in the Adverse Weather Contingency Plan (see EPP)."

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Energy East Project Samson Cree Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Hunting Areas or Opportunities

SCN members hunt in various locations: It is possible that SCN hunting areas Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that “I hunted down south, I hunted up north, could be intersected by the Project. Resource Use Assessment effects on hunting for traditional mitigate potential effects on wildlife and wildlife habitat and lands I even hunted in the Rockies” (SCN (Volume 16 Parts A and B) purposes are addressed through used for hunting that pertain to construction and maintenance 2015). Wildlife and Wildlife Habitat consideration of temporary or activities in Alberta and Saskatchewan (see “Project Description (Volume 15 Parts A and B) permanent loss of hunting areas or for the Alberta Segment” and “Project Description for the opportunities. Saskatchewan and Manitoba Segment”) . Human Occupancy and Resource Use (Volume 16 In the wildlife and wildlife habitat TLRU Parts A and B) assessment, habitat types (e.g., In addition to the TLRU mitigation measures listed above this table, native prairie) for selected wildlife to mitigate potential effects from the Project of temporary or species are used to assess change in permanent loss of hunting areas or opportunities, the following habitat availability and change in mitigation could be implemented by Energy East, subject to habitat connectivity. Habitat suitability engagement (see Temporary Facilities EPP, Pump Station EPP, for selected wildlife species is Tank Terminal EPP, New Pipeline EPP, and Conversion Segments determined using habitat associations EPP): (i.e., based on species preference of the habitat types). The change in • The EPPs include seasonal timing constraints for wildlife and mortality risk is considered for fisheries resources. These timing constraints are to be followed selected wildlife species. unless otherwise approved by an appropriate regulatory authority. See also the human occupancy and resource use assessment, where the • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, Project effects on lands used for rollback) and strung pipe at obvious drainages and wildlife trails, hunting are addressed through and to allow for wildlife, livestock and vehicle/machinery consideration of temporary or passage across the right-of-way. Locations where gaps are permanent loss of use for fishing, appropriate will be determined in the field by the Environmental hunting or trapping. Inspector(s). Gaps should align. The Environmental Inspector(s) will identify and notify the Contractor of the appropriate locations for gaps.

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Energy East Project Volume 25, Binder 2: Mitigation Tables – Prairies Region Samson Cree Nation

Table 9 TLRU Information and Mitigation – Samson Cree Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Samson Cree Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures In cases where hunting activities are • All construction traffic will adhere to safety and road closure overlapped by both the PDA and the regulations. Speed limits will be established as per the traffic LAA, the Project will have an effect on control management plan. Refer to the Traffic Control lands used for hunting as well as Management Plan (see EPP). wildlife habitat within the PDA, and • Clearly delineate areas that have access restrictions. Restrict may have an effect on these areas access to essential construction personnel only. Direct all other within the LAA during construction. personnel to the RoW via alternate access routes. During the life of the Project, the PDA of the facilities and access roads will • Reclaim disturbed areas following completion of construction; not be available for hunting or for restore access to and use of affected areas not required for wildlife habitat. However, the areas permanent facilities. used for hunting or as wildlife habitat • Project personnel are not permitted to hunt on the work site. outside the PDA but within the LAA of the facilities and access roads may be Construction affected. Habitat adjacent to the Prior to construction, the following mitigation measures will be facilities may be affected during implemented (see ESA wildlife and wildlife habitat): operations due to sensory • disturbance. Undertake seasonally appropriate surveys to identify key habitat and habitat features (e.g., wetlands, burrows, nests) of species The Project will not affect lands used of management concern before undertaking construction. for hunting and wildlife species in areas that are located outside of the During construction, mitigation measures include (see the LAA for the wildlife and wildlife Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, habitat, and human occupancy and New Pipeline EPP, and Conversion Segments EPP): resource uses assessments. • The Contractor will monitor the open trench for trapped wildlife. As determined in the wildlife and Should any wildlife be identified, the Contractor will contact the wildlife habitat assessment in the Environmental Inspector(s) and Construction Manager. The Consolidated ESA, the Project will not Environmental Inspector(s) will contact the appropriate provincial threaten the long-term viability of regulatory agency or a Wildlife Resource Specialist, where wildlife within the RAA. required, for direction. Similarly, for the human occupancy • If listed or sensitive wildlife species are identified during and resource use assessment, the construction of the Project, implement the Wildlife Species of Project will not change or disrupt Concern Discovery Contingency Plan (Appendix F). current resource use (e.g., hunting) in • Do not harass or feed wildlife. Do not permit construction the RAA. personnel to have dogs on the right-of-way. Firearms are not permitted in Project vehicles, on the right-of-way 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. 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 Samson Cree Nation Volume 25, Binder 2: Mitigation Tables – Prairies Region

Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Fishing Areas or Opportunities

SCN noted that only a small portion of Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that the SCN population continues to set Resource Use Assessment effects on fishing for traditional mitigate potential effects on, access to waterbodies used for fishing nets. (Volume 16 Parts A and B) purposes are addressed through that pertain to construction and maintenance activities in Alberta Human Occupancy and consideration of temporary or and Saskatchewan (see “Project Description for the Alberta Resource Use (Volume 16 permanent loss of fishing areas or Segment” and “Project Description for the Saskatchewan and Parts A and B) opportunities. Manitoba Segment”). In the human occupancy and TLRU resource use assessment, the Project In addition to the TLRU mitigation measures listed above this table, effects on access to waterbodies used to mitigate potential effects from the Project of temporary or for fishing are addressed through permanent loss of fishing areas or opportunities, the following consideration of temporary or mitigation could be implemented by Energy East, subject to permanent loss of use for fishing, engagement (see the Temporary Facilities EPP, Pump Station hunting, or trapping. EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion As determined in the human Segments EPP): occupancy and resource use • Prohibit the use of herbicides within 30 m of an open body of assessment in the Consolidated ESA, water, unless the herbicide application is conducted by ground the Project will not change or disrupt application equipment, or otherwise approved by the relevant current resource use (e.g., trapping) regulatory agency, where applicable. in the RAA. • 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. • 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. • Create new, temporary portages to allow transport of watercraft around active construction areas. • Project personnel are not permitted to fish on the work site Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP): • 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.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Trapping Areas or Opportunities

SCN noted that only a small portion of Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that the SCN population continues to set Resource Use Assessment effects on trapping for traditional mitigate potential effects on land used for trapping that pertain to traps or snares. (Volume 16 Parts A and B) purposes are addressed through construction and maintenance activities in Alberta and Human Occupancy and consideration of temporary or Saskatchewan (see “Project Description for the Alberta Segment” Resource Use (Volume 16 permanent loss of trapping areas or and “Project Description for the Saskatchewan and Manitoba Parts A and B) opportunities. Segment”). In the human occupancy and TLRU resource use assessment, the Project In addition to the TLRU mitigation measures listed above this table, effects on lands used for trapping are to mitigate potential effects from the Project of temporary or addressed through consideration of permanent loss of trapping areas or opportunities, the following temporary or permanent loss of use mitigation could be implemented by Energy East, subject to for fishing, hunting, or trapping. engagement (see the Temporary Facilities EPP, Pump Station As determined in the human EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion occupancy and resource use Segments EPP): assessment in the Consolidated ESA, • Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, the Project will not change or disrupt rollback) and strung pipe at obvious drainages and wildlife trails, current resource use (e.g., trapping) and to allow for wildlife, livestock and vehicle/machinery in the RAA. During construction, passage across the right-of-way. Locations where gaps are access restrictions could temporarily appropriate will be determined in the field by the Environmental limit the ability of permit holders to Inspector(s). Gaps should align. The Environmental Inspector(s) access their traplines. will identify and notify the Contractor of the appropriate locations for gaps. • 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. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP): • Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Plant Harvesting Areas or Opportunities

Gathering medicinal plants is an Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that important part of SCN culture. SCN Resource Use Assessment effects on plant harvesting for mitigate potential effects on traditional use plants that pertain to stated they have retained rights to (Volume 16 Parts A and B) traditional purposes are addressed construction and maintenance activities in Alberta and harvest plants under treaty. SCN Vegetation and Wetlands through consideration of temporary or Saskatchewan (see “Project Description for the Alberta Segment” indicated that plant gathering locations (Volume 16 Parts A and B) permanent loss of plant harvesting and “Project Description for the Saskatchewan and Manitoba are increasingly contaminated. areas or opportunities. Segment”). SCN reported travelling long distances In the vegetation and wetlands TLRU to collect medicinal plants, going far to assessment, Project effects on In addition to the general TLRU mitigation measures listed above the north, to the mountains, and to traditional use plants are indirectly this table to mitigate potential effects of temporary or permanent Montana. SCN also discussed assessed through consideration of loss of plant harvesting or opportunities, the following mitigation restrictions to travel for plant harvesting, change in native vegetation measures could be implemented by Energy East, subject to including in the United States, and communities and loss or disturbance engagement (see the Temporary Facilities EPP, Pump Station stated concerns with further loss of plant of wetlands. The presence and EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion harvesting areas. abundance of native vegetation Segments EPP): SCN remarked that if traditional plants communities and wetlands in the PDA • Provide opportunities for harvesting plants or other resources are destroyed, that SCN is not likely to is determined through desktop before construction, where feasible. If TLRU sites not previously receive compensation. analysis and field surveys. identified are discovered during construction, follow the TLU As determined in the vegetation and Sites Discovery Contingency Plan (see EPP). wetlands assessment in the Consolidated ESA, the Project will not • Prohibit the use of herbicides within 30 m of an open body of affect the long-term sustainability of water, unless the herbicide application is conducted by ground vegetation communities in the RAA or application equipment, or otherwise approved by the relevant result in long-term wetland loss that regulatory agency, where applicable. 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. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP):

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Samson Cree Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 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. • Salvage and store wetland organic layer separately from upland topsoil. Salvage topsoil as indicated on the Environmental Alignment Sheets and in accordance with the typical drawings (see EPP) • 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).

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

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

Trails and travel routes were used Traditional Land and In the TLRU assessment, Project Energy East acknowledges this historical activity by SCN and the extensively in the past by SCN people Resource Use Assessment effects on travel for traditional importance of the historic use of trails and travelways as it relates throughout their land. (Volume 16 Parts A and B) purposes are addressed through to contemporary use. Refer to the general mitigation measures for Heritage Resources consideration of temporary or TLRU that mitigate potential effects from the Project on similar (Volume 16 Parts A and B) permanent loss of trails or travelways, current practices and activities. or their use (including navigation). In the heritage resources assessment, trails and travelways that have been identified as heritage resources by the appropriate provincial regulator are addressed through effects on loss or alteration to heritage resource sites and context. Identification by the province for each heritage resource site will consider the age of the site, its historical context, and whether it has recognizable physical remains.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Habitation Sites or their Use

The Hardisty Bison Pound, in Alberta, is The Hardisty Bison Pound is within the Traditional Land and In the TLRU assessment, Project “Cultural and sacred sites, traditional Energy East acknowledges this request for support in designating of great historical significance to SCN, TLRU RAA. Resource Use Assessment effects on travel for traditional land use areas, features as the Bison the Bison Pound as a UNESCO site within the context of Energy and SCN highlighted its continued (Volume 16 Parts A and B) purposes are addressed through Pound should have been a UNESCO East; Energy East will discuss the recommendations here, as well importance. SCN members used to live Heritage Resources consideration of temporary or site by now but are -- still have no as any additional measures, with SCN. and have encampments at the Hardisty (Volume 16 Parts A and B) permanent loss of habitation sites or protection.” (SCN 2015) SCN would like The identified TLRU site occurs outside of the TLRU LAA and the Bison Pound. their use. TransCanada’s support in securing this heritage resources LAA (equivalent to PDA); therefore, no Project SCN stated that the Keystone XL Project In the heritage resources assessment, designation. interactions are anticipated. As such, mitigation measures are not ruined Site FTOP1, the Bison Pound habitation sites that have been applicable. and this Project proposes to operate in identified as heritage resources by the the same area. appropriate provincial regulator are addressed through effects on loss or alteration to heritage resource sites and context. Identification by the province for each heritage resource site will consider the age of the site, its historical context, and whether it has recognizable physical remains. The heritage resources assessment is focused on the PDA; for sites outside the PDA there are no predicted effects. As ongoing consultation results in the identification of new heritage resource sites within the PDA, their assessment will be undertaken.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Temporary or Permanent Loss of Cultural or Spiritual Practices or Sites

Stories and legends are tied to several The Neutral Hills are intersected by the Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that areas within the SCN landscape, making PDA, including the pipeline and a Resource Use Assessment effects on cultural or spiritual pertain to construction and maintenance activities in Alberta (see those areas sacred. Traditional stories mainline valve. (Volume 16 Parts A and B) practices and sites for traditional “Project Description for the Alberta Segment”). and songs are associated with the Hardisty, Alberta is within the TLRU purposes are addressed through TLRU following locations: 9 consideration of temporary or LAA. permanent loss of cultural or spiritual In addition to the TLRU mitigation measures listed above this table, • Hardisty (Alberta) Sounding Lake and Gooseberry Lake practices or sites. to mitigate potential effects of temporary or permanent loss of • Sweetgrass Hills (Alberta) are within the TLRU RAA. cultural or spiritual practices or sites, the following mitigations could be implemented by Energy East, subject to engagement • Hand Hills (Alberta) 10 Chief Mountain, Hand Hills , and the (see Temporary Facilities EPP, Pump Station EPP, Tank Terminal • Thunder Hills (Pipestone, Alberta)8 town of Pipestone are outside the TLRU EPP, and New Pipeline EPP): RAA. • Chief Mountain (Montana) • All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic • Sounding Lake (Alberta) control management plan. Refer to the Traffic Control • Gooseberry Lake (Alberta) Management Plan (see EPP). • Neutral Hills (Alberta) • Clearly delineate areas that have access restrictions. Restrict Nehiyaw (Cree) people refer to Hardisty access to essential construction personnel only. Direct all other as “the beginning” (SCN 2015). 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. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, and New Pipeline EPP):

8 SCN indicated that Thunder Hills is now called Pipestone. Pipestone is assumed to be the Town of Pipestone, Alberta; distance to the PDA was calculated from the Town of Pipestone municipal boundary. 9 For this table, sites and areas identified as being within the TLRU LAA are assumed to be outside the PDA. 10 Not enough information was provided to know which Hand Hills location was being discussed in the Oral Traditional Evidence hearing; therefore, distance to the PDA was calculated from three locations pertaining to Hand Hills, Alberta (Hand Hills, Alberta, Handhills Lake, Alberta and Hand Hills Ecological Reserve, Alberta). All Hand Hill, Alberta locations are outside the TLRU assessment RAA.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Burials are sacred to SCN. The Hardisty Bison Pound is within the Traditional Land and In the TLRU assessment, Project It is important for SCN members to be Energy East acknowledges this request for information that SCN indicated there may be burials at TLRU RAA. Resource Use Assessment effects on cultural or spiritual informed when burials are excavated, in pertains to burials; Energy East will discuss the recommendations the Hardisty Bison Pound and is Kindersley is outside the TLRU RAA. (Volume 16 Parts A and B) practices and sites for traditional order for SCN to ensure a proper burial. here, as well as any additional measures, with SCN. concerned that the Project could affect Heritage Resources purposes are addressed through The identified TLRU areas occur outside the TLRU LAA and the these sites. (Volume 16 Parts A and B) consideration of temporary or heritage resources LAA (equivalent to PDA); therefore, no Project permanent loss of cultural or spiritual interactions are anticipated. As such, mitigation measures are not SCN members identified Kindersley, practices or sites. Saskatchewan, as another area where applicable. many ancestors are buried. SCN Elders In the heritage resources assessment, have performed ceremonies there for burial sites that have been identified the many people who died of epidemic as heritage resources by the diseases. Burials were excavated at appropriate provincial regulator are Kindersley without SCN being notified. addressed through effects on loss or alteration to heritage resource sites and context. Identification by the province for each heritage resource site will consider the age of the site, its historical context, and whether it has recognizable physical remains. The heritage resources assessment is focused on the PDA; for sites outside the PDA there are no predicted effects. As ongoing 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 mitigation requirements (including avoidance) commensurate with the heritage value of the site will be issued. With the implementation of site-specific mitigation (including avoidance, if appropriate), no significant effect to heritage resources is anticipated.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

The Hardisty area is of great importance Hardisty is within the TLRU LAA. Traditional Land and In the TLRU assessment, Project Mitigation for heritage resource sites is required by the appropriate to SCN and has sacred sites. There are Although the specific locations of these Resource Use Assessment effects on cultural or spiritual provincial regulator prior to construction as a condition of also stones in the Hardisty area that are sacred sites and sacred stones were not (Volume 16 Parts A and B) practices and sites for traditional clearance. For sites determined to be heritage sites, mitigation sacred to SCN. provided by SCN, this area may be Heritage Resources purposes are addressed through may include detailed mapping, photography, additional SCN related that there are also teepee intersected by the PDA, including the (Volume 16 Parts A and B) consideration of temporary or assessment, archaeological excavation, monitoring during rings, medicine wheels, and ceremonial pipeline, Hardisty pump station, a permanent loss of cultural or spiritual construction or avoidance by means of route adjustments or sites along the Keystone XL Project mainline valve, and associated access practices or sites. temporary fencing during construction. between Hardisty and the South roads. In the heritage resources assessment, There are general mitigation measures as outlined below that Saskatchewan River, Alberta. SCN Most of the Project route parallels the stone features that have been mitigate potential effects on heritage resources that pertain to commented these teepee rings with no Keystone XL Project in Alberta. The identified as heritage resources by the construction and maintenance activities in Alberta and consultation of SCN. sacred and ceremonial areas within this appropriate provincial regulator are Saskatchewan (see “Project Description for the Alberta Segment” SCN further indicated that “…when they region may be intersected by the addressed through effects on loss or and “Project Description for the Saskatchewan and Manitoba mitigate a site, it’s no longer the same. pipeline and associated facilities. alteration to heritage resource sites Segment”). They take everything out of that site. and context. Identification by the TLRU The only real -- the only real thing -- the province for each heritage resource site will consider the age of the site, In addition to the TLRU mitigation measures listed above this table, only real evidence you have is a to mitigate potential effects of temporary or permanent loss of recorded evidence of a site that has its historical context, and whether it has recognizable physical remains. cultural or spiritual practices or sites, the following mitigations been mitigated. And they’re no longer could be implemented by Energy East, subject to engagement there. They’re gone.” (SCN 2015) The heritage resources assessment is (see Temporary Facilities EPP, Pump Station EPP, New Pipeline SCN emphasized that these sacred sites focused on the PDA; for sites outside EPP, and Tank Terminal EPP): need to be respected. the PDA there are no predicted effects. As ongoing consultation • All construction traffic will adhere to safety and road closure results in the identification of new regulations. Speed limits will be established as per the traffic heritage resource sites within the control management plan. Refer to the Traffic Control PDA, their assessment will be Management Plan (see EPP). undertaken. • Clearly delineate areas that have access restrictions. Restrict As described in the heritage access to essential construction personnel only. Direct all other resources assessment in the personnel to the RoW via alternate access routes. Consolidated ESA, all heritage • Reclaim disturbed areas following completion of construction; resource sites will be evaluated by the restore access to and use of affected areas not required for appropriate provincial regulator and permanent facilities. mitigation requirements (including avoidance) commensurate with the Construction heritage value of the site will be During construction, mitigation measures include (see Temporary issued. With implementation of site- Facilities EPP, Pump Station EPP, Tank Terminal EPP, New specific mitigation (including Pipeline EPP, and Conversion Segments EPP): avoidance, if appropriate), no • If historical or palaeontological features (e.g., arrow heads, significant effect to heritage resources modified bone, pottery fragments, fossils) not previously is anticipated. identified are found on the right-of-way or facility site during construction, follow conditions outlined in the Heritage Resource Discovery Plan (Appendix F of the EPP). • 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). • Mitigation for sacred areas may include detailed recording, mapping and avoidance; however, additional mitigations, if warranted, will be refined and optimized in the field and through community discussions. • Prohibit the collection of Heritage Resources by Project personnel.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

SCN stated that youth are in danger of Traditional Land and In the TLRU assessment, Project SCN members ask that the NEB and Energy East acknowledges this request for supporting language losing their traditional way of life in part Resource Use (Volume 16 effects on cultural or spiritual Energy East help retain SCN’s language retention through the ESA process; Energy East will discuss the due to disturbance of sacred areas. Parts A and B) practices and sites for traditional when including SCN in the ESA recommendations here, as well as any additional measures, with purposes are addressed through process. SCN. consideration of temporary or There are general mitigation measures as outlined below that permanent loss of cultural or spiritual pertain to construction and maintenance activities in practices or sites. Saskatchewan (see “Project Description for the Saskatchewan and Manitoba Segment”). TLRU Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. 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. Construction During construction, the following mitigation measures include (see Temporary Facilities EPP, Pump Station EPP, New Pipeline EPP, and Tank Terminal EPP, and Conversion Segments EPP): • 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). • 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.

Other Environmental SCN indicated that although SCN Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that members still fish, many lakes and Resource Use Assessment effects on fishing for traditional mitigate potential effects on fish and fish habitat, and access to waterbodies are contaminated, reducing (Volume 16 Parts A and B) purposes are addressed through waterbodies used for fishing that pertain to construction and the number of locations available to fish. Fish and Fish Habitat consideration of temporary or maintenance activities in Alberta and Saskatchewan (see “Project (Volume 15 Parts A and B) permanent loss of fishing areas or Description for the Alberta Segment” and “Project Description for opportunities. the Saskatchewan and Manitoba Segment”).

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Samson Cree Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures Human Occupancy and In the fish and fish habitat TLRU Resource Use (Volume 15 assessment, fish species that can be In addition to the TLRU mitigation measures listed above this table, Parts A and B) fished for subsistence are considered to mitigate potential effects from the Project of temporary or CRA fisheries. permanent loss of fishing areas or opportunities, the following Habitat potential for fish species that mitigation could be implemented by Energy East, subject to contribute to a CRA fishery in engagement (see the Temporary Facilities EPP, Pump Station watercourses and waterbodies EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion crossed by the Project is determined Segments EPP): through existing information and field • Prohibit the use of herbicides within 30 m of an open body of surveys. RAPs are applicable for all water, unless the herbicide application is conducted by ground species considered for CRA fisheries application equipment, or otherwise approved by the relevant and are considered in recommended regulatory agency, where applicable. mitigation measures. • The EPPs include seasonal timing constraints for wildlife and The potential effects from the Project fisheries resources. These timing constraints are to be followed on fish and fish habitat are change in unless otherwise approved by an appropriate regulatory fish habitat, change in fish movement, authority. migration and fish passage, change in fish mortality and the introduction of • Adhere to regulations, standards and guidelines for watercourse deleterious substances. crossings as outlined in the EPP. See also the human occupancy and • All construction traffic will adhere to safety and road closure resource use assessment, where the regulations. Speed limits will be established as per the traffic Project effects on access to control management plan. Refer to the Traffic Control waterbodies used for fishing are Management Plan (see EPP). addressed through consideration of • Clearly delineate areas that have access restrictions. Restrict temporary or permanent loss of use access to essential construction personnel only. Direct all other for fishing, hunting or trapping. personnel to the RoW via alternate access routes. As determined in the fish and fish • Reclaim disturbed areas following completion of construction; habitat assessment in the restore access to and use of affected areas not required for Consolidated ESA, the Project effects permanent facilities. on fish and fish habitat are predicted to be not significant. Similarly, for the • Create new, temporary portages to allow transport of watercraft human occupancy and resource use around active construction areas. assessment, the Project will not • Project personnel are not permitted to fish on the work site change or disrupt current resource use (e.g., fishing) in the RAA. Construction During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP): • Energy East will obtain all applicable permits and/or authorizations prior to the commencement of the crossings. • Postpone watercourse crossing construction if excessive flows or flood conditions exist or are anticipated, and if construction methods cannot be modified to cope with the increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP). • 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).

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Samson Cree Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 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). • 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 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.

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SCN expressed concerns with the SCN did not specify which two rivers Traditional Land and In the TLRU assessment, Project SCN has requested the pipeline be Energy East acknowledges this request to further discuss the Project going under two rivers that these comments pertain to; of note, the Resource Use (Volume 16 effects on hunting, fishing, trapping, constructed above-ground so it can be design of the Project and monitoring programs during operations; sustain animals and communities. SCN two major river crossings in Alberta are Parts A and B) and plant harvesting for traditional monitored visually. Energy East will discuss the recommendations here, as well as stated that drinking water for animals the Red Deer and South Saskatchewan Surface Water Resources purposes are addressed through any additional measures, with SCN. and people will be affected. rivers. (Volume 15 Parts A and B) consideration of temporary or Refer to the TLRU mitigation measures listed above this table to permanent loss of hunting areas or mitigate potential effects from the Project on TLRU. Refer to the Fish and Fish Habitat opportunities, temporary or (Volume 15 Parts A and B) Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, permanent loss of fishing areas or New Pipeline EPP, and Conversion Segments EPP for a list of Vegetation and Wetlands opportunities, temporary or general mitigation measures that mitigate potential effects (Volume 15 Parts A and B) permanent loss of trapping areas or pertaining to construction and maintenance activities in Alberta and opportunities, and temporary or Wildlife and Wildlife Habitat Saskatchewan (see “Project Description for the Alberta Segment” permanent loss of plant harvesting (Volume 15 Parts A and B) and “Project Description for the Saskatchewan and Manitoba areas or opportunities. Segment”) on fish and fish habitat, access to waterbodies used for Human Occupancy and In the Consolidated ESA, Project fishing, surface water resources, traditional use plants, wildlife and Resource Use (Volume 16 effects on the biophysical and wildlife habitat, and lands used for hunting and trapping. Parts A and B) 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 fish and fish habitat, and lands used for fishing, hunting, and trapping and changes in surface water resources, vegetation and wetlands, and wildlife and wildlife habitat are predicted to be not significant over the life of the Project. SCN stated being “concerned about Arsenic and zinc were not addressed arsenic and zinc” (SCN 2015). in the Consolidated ESA.

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Community Health and Wellbeing

Sharing traditional, spiritual and Traditional Land and In the TLRU assessment, Project There are general mitigation measures as outlined below that individual experience and stories within Resource Use Assessment effects on cultural or spiritual pertain to construction and maintenance activities in the community is very important to SCN. (Volume 16 Parts A and B) practices and sites for traditional Saskatchewan (see “Project Description for the Saskatchewan and Language is important to SCN. purposes are addressed through Manitoba Segment”). consideration of temporary or TLRU permanent loss of cultural or spiritual practices or sites. Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. 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.

Employment and Livelihood

Trading and sharing through family Traditional Land and In the TLRU assessment, Project Energy East acknowledges the importance of traditional economy networks and affiliations is important to Resource Use Assessment effects on cultural or spiritual and trade networks to SCN. SCN. (Volume 16 Parts A and B) practices and sites for traditional SCN reported that meat is traded purposes are addressed through through networks of friends and family consideration of temporary or extending through British Columbia, permanent loss of cultural or spiritual Saskatchewan and the United States. practices or sites. SCN explained that an ethic of sharing is fundamental their economy, which is based on traditional knowledge and an understanding of traditional use.

Meaningful employment opportunities Employment and Economy Project activities might have an effect SCN would like to be more involved in Energy East acknowledges this request for SCN’s involvement in have not been offered to SCN members (Volume 16 Parts A and B) on employment and the economy in a land and resource management: “Give land and resource management; Energy East will discuss the through past industrial development Aboriginal Economic number of ways. For example, the us the opportunity to formulate a recommendations here, as well as any additional measures, with projects. SCN cited an example from a Opportunities (Consolidated Project will generate: strategic alliance which is meaningful SCN. past industrial development project and adequate. Give us the employment. Application Volume 10, • employment opportunities at the Energy East recognizes the importance of encouraging and where SCN members were hired as Give us the monitoring environment Section 5) national, provincial, and regional enabling community participation in the Energy East Project. The cultural monitors, but subsequently contracts…” (SCN 2015) levels following mitigation measures have been identified by Energy East performed as labourers. to enhance the Project’s positive effects (e.g. employment and • business opportunities at the business opportunities) for local and Aboriginal workers and national, provincial, and regional businesses: levels by offering contracts and other business opportunities to local • Continue to work in collaboration with local First Nation and and Aboriginal businesses and Métis communities and organizations, to identify opportunities communities near the Project for capacity development. • Work with provincial authorities, contractors, trade unions, educational institutions, Aboriginal communities and potentially other developers to create a training program to help meet the Project’s need for skilled labour.

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Project and Engineering Design

SCN members raised questions about Accidents and Malfunctions The accidents and malfunctions SCN has requested the pipeline be Energy East acknowledges this request to further discuss the the ability to adequately monitor the (Volume 19) assessment in the ESA analyzed the constructed above-ground so it can be design of the Project and monitoring programs during operations; pipeline if it is underground; SCN were potential frequency of oil spills of monitored visually. Energy East will discuss the recommendations here, as well as told that it’s more cost beneficial to build different volumes and completed a any additional measures, with SCN. and operate the pipeline underground. risk assessment of oil spills on sites of Emergency Response Planning interest which were selected based on environmental sensitivity. The sites of TransCanada’s operations and emergency response philosophy interest are representative of similar focuses on minimizing any impact from an emergency incident by locations elsewhere along the pipeline stopping the flow of the pipeline and thereby minimizing the route and include watercourse potential impact from an incident. In parallel, processes are started crossings, water well supplies, and to assess the emergency situation and begin an immediate and full private well clusters. response. Based on the analysis presented in Energy East will develop an Emergency Response Plan (ERP). the accidents and malfunctions Federal regulations require pipeline operators to have ERPs assessment, the predicted frequency prepared and in place to respond to emergency incidents that of incidents and the probability of a might occur well in advance of the application for leave to operate. large spill occurring is low. The goals of Energy East’s ERP are to: Consequently, the risk of • establish guidelines and procedures to follow in emergencies environmental effects is minimal. that protect the health and safety of the public and responders Compliance with regulations, application of TransCanada’s Capital • minimize hazards resulting from pipeline emergencies Planning Management System and • establish procedures for training employees on emergency Asset Management System and procedures Emergency Response Plan (ERP), • establish guidelines for continuing educational and liaison and adherence to safety procedures programs designed to inform community first responders and the will result in the pipeline being public of the procedures to follow in recognizing, reporting and operated in an environmentally responding to an emergency condition responsible and safe way with a focus on spill prevention. 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.

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Accidents and Malfunctions

SCN noted that even with existing Accidents and Malfunctions The accidents and malfunctions Emergency Response Planning technology, many leaks have occurred (Volume 19) assessment analyzed the potential TransCanada’s operations and emergency response philosophy in Alberta. SCN explained that these frequency of oil spills of different focuses on minimizing any impact from an emergency incident by were not discovered the same day as volumes and completed a risk stopping the flow of the pipeline and thereby minimizing the the initial event, with some lasting up to assessment of oil spills on sites of potential impact from an incident. In parallel, processes are started a month before they were identified. interest which were selected based on to assess the emergency situation and begin an immediate and full SCN stated only being able to support environmental sensitivity. The sites of response. the Project if they could receive absolute interest are representative of similar locations elsewhere along the pipeline Energy East will develop an Emergency Response Plan (ERP). assurances that “there will be no spills, Federal regulations require pipeline operators to have ERPs no breaks in this pipeline” (SCN 2015), route and include watercourse crossings, water well supplies, and prepared and in place to respond to emergency incidents that but it is understood that every company might occur well in advance of the application for leave to operate. has a history of spills, leaks, breaks, and private well clusters. remediation. The goals of Energy East’s ERP are to: SCN expressed concern that a pipeline • establish guidelines and procedures to follow in emergencies break or spill would affect the water, and that protect the health and safety of the public and responders asked “Who will monitor the waters on a • minimize hazards resulting from pipeline emergencies daily basis?” (SCN 2015) • establish procedures for training employees on emergency procedures

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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Traditional Land and Resource Use Location Relative to Project Relevant Consolidated ESA Samson Cree Nation Mitigation Information Development Area Documents Context from the Consolidated ESA Recommendations3 Consolidated ESA/EPP Mitigation Measures Based on the analysis presented in • establish guidelines for continuing educational and liaison the accidents and malfunctions programs designed to inform community first responders and the assessment, the predicted frequency public of the procedures to follow in recognizing, reporting and of incidents and the probability of a responding to an emergency condition large spill occurring is low. Energy East will develop communication protocols as part of the Consequently, the risk of ERP that will include notifying the public in the event of an environmental effects is minimal. emergency. Compliance with regulations, application of TransCanada’s Capital In the event of a spill, Energy East will consult with regulatory Planning Management System and agencies to determine the appropriate and preferred approach to Asset Management System and clean-up and monitoring. Together with the regulatory agencies, a Emergency Response Plan (ERP), plan will be created to ensure that short and long term and adherence to safety procedures environmental effects are minimized. Energy East would be will result in the pipeline being responsible for cleanup of any contaminated soils. Groundwater operated in an environmentally would not be released from the site of a spill until all applicable responsible and safe way with a focus regulations and cleanup standards are met. on spill prevention. 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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Table 9 TLRU Information and Mitigation – Samson Cree Nation

Cumulative Effects

SCN stated that the land has been Traditional Land and In the TLRU assessment, Project Refer to the TLRU mitigation measures listed above this table to affected by industrial development, Resource Use (Volume 16 effects on hunting, fishing, trapping, mitigate potential effects from the Project on TLRU. Refer to the which is expected to continue as Parts A and B) plant harvesting, travel, habitation, Project-specific EPPs for a list of general mitigation measures that industrial development progresses. SCN Fish and Fish Habitat and cultural or spiritual practices and mitigate potential effects pertaining to Project construction and commented that most of these lands are (Volume 15 Parts A and B) sites for traditional purposes are maintenance activities in Alberta and Saskatchewan (see “Project badly contaminated and that the addressed through consideration of Description for the Alberta Segment” and “Project Description for construction of additional pipelines will Vegetation and Wetlands temporary or permanent loss of the Saskatchewan and Manitoba Segment”). lead to more contamination. (Volume 15 Parts A and B) hunting areas or opportunities, Wildlife and Wildlife Habitat temporary or permanent loss of (Volume 15 Parts A and B) fishing areas or opportunities, temporary or permanent loss of Human Occupancy and trapping areas or opportunities, Resource Use (Volume 16 temporary or permanent loss of plant Parts A and B) harvesting areas or opportunities, temporary or permanent loss of trails or travelways, or their use (including navigation), temporary or permanent loss of habitation sites or their use and 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: fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat; and human occupancy and resource use; Cumulative effects were assessed as part of the 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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SCN commented on the importance of Pigeon Lake is outside the TLRU RAA. Traditional Land and In the TLRU assessment, Project Refer to the TLRU mitigation measures listed above this table to waterways and noted the potential for Resource Use (Volume 16 effects on hunting, fishing, trapping, mitigate potential effects from the Project on TLRU. Refer to the effects on water. SCN remarked that Parts A and B) plant harvesting, travel, habitation, Project-specific EPPs for a list of general mitigation measures that waterbodies have been affected by Surface Water Resources and cultural or spiritual practices and mitigate potential effects pertaining to Project construction and industrial development. (Volume 15 Parts A and B) sites for traditional purposes are maintenance activities in Alberta and Saskatchewan (see “Project addressed through consideration of Description for the Alberta Segment” and “Project Description for SCN members used to melt snow, Human Occupancy and collect rain water and drink water from temporary or permanent loss of the Saskatchewan and Manitoba Segment”). Resource Use (Volume 16 hunting areas or opportunities, rivers, but reported not doing so Parts A and B) anymore. temporary or permanent loss of fishing areas or opportunities, Pigeon Lake was used by SCN temporary or permanent loss of members as a source of drinking water trapping areas or opportunities, and for recreational activities in the past. temporary or permanent loss of plant SCN stated that this lake has been harvesting areas or opportunities, contaminated, including by oil spills. temporary or permanent loss of trails SCN members will no longer swim in or travelways, or their use (including Pigeon Lake; SCN observed fish floating navigation), temporary or permanent on Pigeon Lake, which they attributed to loss of habitation sites or their use contamination and temporary or permanent loss of cultural or spiritual practices or sites. In the surface water resources assessment, the Project effects on water resources during construction and operation are addressed through consideration of the change in surface water quality and change in surface water quantity. See also the human occupancy and resource use assessment, where recreational activities are addressed through consideration of temporary or permanent loss of use of recreational areas. Cumulative effects were assessed as part of the 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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Air quality is important to SCN members, Atmospheric Environment In the atmospheric environment Refer to the Project-specific EPPs for a list of general mitigation and has been affected by industrial (Volume 15 Parts A and B) assessment, the potential effects from measures that mitigate potential effects pertaining to Project development. the Project on air quality during construction and maintenance activities in Alberta and construction and operation are Saskatchewan (see “Project Description for the Alberta Segment” addressed through change in air and “Project Description for the Saskatchewan and Manitoba quality. Segment”). Cumulative effects were also assessed as part of the 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 sustainability of the VC.

REFERENCES

Aboriginal Affairs and Northern Development Canada (AANDC). 2016. First Nation Detail: Samson. Retrieved February 2016 from: http://fnp-ppn.aandc-aadnc.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=444&lang=eng.

CBC News. 2013. Hobbema to change name in New Year. Retrieved February 2016 from: http://www.cbc.ca/news/canada/edmonton/hobbema-to-change-name-in-new-year-1.2476653.

Confederacy of Treaty Six Nations, The (CTSN). 2016. The Confederacy of Treaty Six Nation. Community website. Retrieved February 2016 from: http://www.treatysix.org/member_nations.html.

Samson Cree Nation (SCN). 2013. Samson Cree Nation. Retrieved February 2016 from: http://samsoncree.com/name-change.

2015. Energy East Pipeline Ltd. Energy East Project and Asset Transfer Volume 10. Oral Traditional Evidence (NEB Exhibit No. A74690-1; NEB Filing ID A4W5W7). Retrieved February 2016 from: https://docs.neb-one.gc.ca/ll- eng/llisapi.dll/fetch/2000/90464/90552/2432218/2540913/2856151/2887282/A74690-1_15-12-11_-_Volume_10_-_A4W5W7.pdf?nodeid=2887775&vernum=-2.

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