CA PDF Page 1 of 4 Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabaseemoong Independent First Nations WABASEEMOONG INDEPENDENT FIRST NATIONS Wabaseemoong Independent First Nations (WIN) (Band No. 150) is an Ojibway (Saulteaux) Nation and a signatory of Treaty 3 (GCT3 2016). Wabaseemoong Independent First Nations is affiliated with the Bimose Tribal Council and Grand Council of Treaty #3. Wabaseemoong Independent First Nations falls under the Indian Act election provisions, with a Chief and four Councillors elected to a two-year term (AANDC 2016). The Nation comprises three communities: One Man Lake, Swan Lake, and Whitedog. The Nation consists of four reserves: Wabaseemoong (8,480 ha), located 48 km northwest of Kenora; One Man Lake 29 (1,117 ha), on the north shore of One Man Lake, 65 km from Kenora; Swan Lake 29 (2,237 ha), on the east shore of Swan Lake, 36 km from Kenora; and Agency 30 (379 ha), located 45 km south of Kenora, on the Aulneau Peninsula of Lake of the Woods (AANDC 2016). As of January 2016, Wabaseemoong Independent First Nations had a registered population of 1,936 members, with 959 members on reserve, 9 members on other reserves and 968 members living off reserve (AANDC 2016). LOCATION RELATIVE TO THE PROJECT Wabaseemoong Reserve is located 43.3 km from the Project development area (PDA). The traditional land and resource use (TLRU) information provided by Wabaseemoong Independent First Nations focused on the English River and Winnipeg River systems given that the pipeline route crosses the Winnipeg River and the Wabigoon and Eagle rivers, which are tributaries of the English River system (WIN 2015). TLRU INFORMATION SOURCE An independent TLRU study was conducted by Wabaseemoong Independent First Nations that included data previously collected and results from seven TLRU mapping interview sessions. From this study, Wabaseemoong Independent First Nations provided an interim report for use in the regulatory process for the Project in December 2015. Interim Traditional Knowledge Report Submitted to Trans Canada Pipelines (WIN 2015) was reviewed and information was incorporated into Table 10, columns “Traditional Land and Resource Use Information” and “Wabaseemoong Independent Nations Mitigation Recommendations”. The final TLRU report will incorporate results from a community mapping workshop scheduled for 2016. Mapping interview results will be reviewed and verified, and a community information session will be held during which the study findings will be shared with community members (WIN 2015). KEY TOPICS IDENTIFIED BY WABASEEMOONG INDEPENDENT FIRST NATIONS IN RELATION TO THE PROJECT Data collected to date indicates that Wabaseemoong Independent First Nations community members use much of the traditional land for TLRU activities (WIN 2015). Wabaseemoong Independent First Nations 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 10, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Wabaseemoong Independent First Nations to discuss these mitigation measures and determine if additional mitigation measures are required. Wabaseemoong Independent First Nations indicated that community members mistrust government and industry initiatives due to historic flooding of the One Man Lake Reserve and the mercury contamination of the local river system. WABASEEMOONG INDEPENDENT FIRST NATIONS 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; Wabaseemoong Independent First Nations has not identified locations farther than 50 km from the PDA. 1 For the complete Project Description, see Volume 14, Section 2. Energy East Pipeline Ltd. May 2016 1 CA PDF Page 2 of 4 Energy East Project Wabaseemoong Independent First Nations Volume 25, Binder 2: Mitigation Tables – Boreal Region 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 10 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 Wabaseemoong Independent Nations. 2 May 2016 Energy East Pipeline Ltd. CA PDF Page 3 of 4 Energy East Project Volume 25, Binder