1 Dene Tha’ Traditional Land Use, Concerns and Mitigation Measures with Respect to TCPL’s Proposed Northwest System Expansion Projects, British Columbia Portion Prepared for: TransCanada Pipelines Limited, Calgary, Alberta National Energy Board, Major Projects Management Office, Calgary, Alberta Prepared by: Dene Tha’ First Nation Lands and Environment Department, Chateh, Alberta Baptiste Metchooyeah, Project Manager Connie Martel, Admin. Assistant In Association with: All Nations Services, Edmonton, Alberta ISL Engineering and Land Services Ltd., Edmonton, Alberta Report Author: Marc Stevenson, PhD., All Nations Services GIS Authors: Bill Tkachuk, P. Eng., ISL Engineering and Land Services Ltd. Matt Munson, B.Sc., Dene Tha’ First Nation Lands and Environment Department Appendix Author Marc Stevenson, PhD., All Nations Services Dene Tha’ Translation: Baptiste Metchooyeah Stanley Salopree Date: October 31, 2011 2 Table of Contents 1.0 Introduction 1.1 Objectives 2.0 Dene Tha’ Traditional Land Use Study Methodology 2.1 TLUS Planning 2.2 TLUS Methodology 2.3 Traditional Land Use Field Assessments 2.4 A Note on Traditional Land Use Studies 3.O Dene Tha’ Land Use and Occupation in Proposed Project Areas 3.1 History of Land Use 3.1.1 Dene Tha’ Registered Traplines in BC 3.1.2 Dene Tha’ Registered Traplines in Alberta 3.1.3 The Proposed 1934 Dene Tha’ Hunting Reserve 3.2 Seasonal Land Use Patterns of the Dene Tha’ in the Vicinity of Proposed TCPL Project Areas in BC and Alberta 3.2.1 Winter 3.2.2 Spring 3.2.3 Summer 3.2.4 Late Summer/Early Fall 3.2.5 Fall 4.0 Determining Areas of Direct and Indirect Impact 4.1 Areas of Direct Impact 4.2 Areas of Indirect Impact 5.0 Dene Tha’ Cultural Footprint and Land Use in the Vicinity of TCPL’s Horn River Mainline Loop (Kyklo, Townsoitoi and Little Hay River Sections) 5.1 Dene Tha’ Cultural Footprint 5.1.1 Registered Traplines and Trapping Areas 5.1.2 Villages 5.1.3 Multiple Cabin Sites 5.1.4 Cabins 5.1.5 Campsites 5.1.6 Burials/Cemeteries 5.1.7 Caches 5.1.8 Traditional Trails 5.1.8.1 Wagon Roads 5.1.8.2 Dogteam/Horse/Trapline Trails 5.1.9 Seasonal Migration Routes 5.2 Dene Tha’ Traditional Land Use by Season 5.2.1 Winter 5.2.1.1 Trapping 5.2.1.2 Hunting 5.2.2 Spring 5.2.2.1 Hunting 5.2.2.2 Fishing and Gathering 5.2.3 Summer 5.2.3.1 Hunting 5.2.3.2 Fishing and Gathering 5.2.4 Late Summer/Early Fall 5.2.4.1 Hunting and Fishing 3 5.2.5 Fall 5.2.5.1 Hunting and Fishing 6.0 Dene Tha’ Cultural Footprint and Land Use in the Vicinity of TCPL’s proposed Komie North Extension (Horn River Mainline) 6.1 Cultural Footprint 6.1.1 Land Use Interviews, 2009 6.1.2 Field Investigations, 2011 6.2. Dene Tha’ Traditional Land Use by Season 6.2.1 Winter 6.2.2 Spring 6.2.3 Summer 6.2.4 Late Summer/Early Fall 6.2.5 Fall 6.3 Calliou Group TLUS Information 7.0 Dene Tha’ First Nation Concerns Regarding TCPL’s Proposed Pipelines in BC 7.1 General Environmental Concerns, Impacts, and Changes 7.1.1 Impacts on Caribou 7.1.2 Impacts on Moose 7.1.3 Impacts on Furbearers 7.1.4 Changes in Predator Populations 7.1.5 Impacts on Avifauna 7.1.6 Impacts on Water 7.1.7 Changes in Landscape and Climate 7.1.8 Impacts on Traditional Trails and Landmarks 7.1.9 Impacts on Traditional Livelihood 7.2 Specific Environmental Concerns 7.2.1 Bases of Specific Concerns 7.2.2 Specific Concerns 7.2.2.1 Pipelines in Wetland Areas 7.2.2.2 Pipelines at River Crossings 7.2.2.3 Pipeline Clearing and Use After Decommissioning 7.2.2.4 Pipeline Layout, Design and Infrastructure 7.2.2.5 Use of Chemicals 7.2.2.6 Refuse Disposal 7.2.2.7 Environmental Monitoring 7.2.2.8 Traditional Sites and Protected Areas 7.2.2.9 Current RoW’s and Buffer Zones 7.2.2.10 DTFN and Industry Relations 7.2.2.11 Training and Employment 7.2.2.12 Lack of Knowledge 7.2.2.13 Decline of Traditional Economy 7.2.2.14 Failure to Uphold Responsibility 7.2.2.15 Lack of DTFN Standards 7.2.2.16 Changes in Wildlife Abundance and Behaviour 8.0 Proposed Mitigation Measures and Recommendations to Address DTFN Concerns 8.1 Addressing Specific Concerns 8.1.1 Protecting Muskeg, Marsh and Wetland Areas 8.1.2 Protecting River and Major Stream Crossings 8.1.3 Pipeline Design, Clearing, Construction and Maintenance 8.1.4 Environmental Monitoring 8.1.5 Protecting Traditional Sites and High Conservation/Cultural Value Areas 4 8.1.6 Improving DTFN and TCPL Relations 8.1.7 Supporting Dene Tha’ Traditional Land Use 8.2 Addressing General Concerns 8.2.1 Research 8.2.1.1 Lack of Knowledge re: Individual Impacts 8.2.1.2 Lack of Knowledge re: Cumulative Impacts 8.2.2 No Net Loss 9.0 Conclusions Appendix A: Dene Tha’ First Nation/TransCanada Corporation Northwest Expansion Projects in BC, Traditional Land Use Study Field Investigations Summer/Fall 2011 5 The traditional land use information presented in this report remains the sole property of the Dene Tha’ First Nation. Any use, citation or reproduction of any information contained in this report is permissible only with written consent of the Dene Tha’ First Nation. 6 1.0 Introduction TransCanada Pipelines Limited (TransCanada or TCPL) is planning to install ca. 365 km of pipeline and two compressor stations in Dene Tha’ traditional territory in Alberta and BC (Map 1) over the course of the next 3 years. Currently, TCPL is in the process of developing five regulatory applications for submission to the National Energy Board (NEB) that would assess the anticipated environmental, social, economic and other impacts of these projects. It is TransCanada’s practice, and a NEB requirement, to consult with First Nations on whose traditional lands national energy projects will be built, in order to obtain input into the development of projects so as to minimize impacts and disruptions to traditional land use. In the spirit of respect and cooperation, TCPL and the Dene Tha’ First Nation (DTFN) have signed an agreement to conduct a traditional land use study in relation to TCPL’s Proposed Northwest System Expansion Projects in northwest Alberta and northeast BC,1 which are located entirely within an area currently used by the Dene Tha’ for traditional use (Map 1). Individual projects making up the proposed Northwest System Expansion Projects in northeast BC include: Horn River Mainline Loop (Kyklo Section) (29.1 km, 42” pipe) Horn River Mainline Loop (Townsoitoi Section) (22.1 km, 42” pipe) Horn River Mainline Loop (Little Hay Creek Section) (27.4 km, 42” pipe) Horn River Mainline Loop (Komie North Section) (96.7 km, 36” pipe) Proposed Northwest System Expansion Projects in northwest Alberta include: Hidden Lake North Compressor Station Tanghe Creel Lateral Loop No. 2 (Sloat Creek Section) (38 km, 48”” pipe) Tanghe Creel Lateral Loop No. 2 (Cranberry Section) (32 km, 48”” pipe) Chinchaga Lateral Loop No. 3 (33.1 km, 48” pipe) Northwest Mainline Lateral Loop (Timberwolf Section) (49 km, 48” pipe) Northwest Mainline Lateral Loop (Pyramid Section) (30.4 km, 48” pipe) Moody Creek Compressor Station These projects have different construction “kick-off” dates, with the Tanghe Creek Lateral Loop (Sloat Creek) pipeline being the first (November 1, 2011), followed by the Moody Creek and Hidden Lake North compressor stations (Fall 1012), and the Northwest Mainline Expansion Projects (Tanghe Creek Lateral Loop-Cranberry, Northwest Mainline-Timberwolf, and Horn River Mainline Loop-Kyklo Creek) (Fall 2012). All other project construction “kick-off” dates are slated for the fall 2013 (Horn River Mainline-Komie North, Horn River Mainline Loop- Townsoitoi, Northwest Mainline-Pyramid, Chinchaga Lateral Loop No. 3, or Fall 2014 (Horn River Mainline-Little Hay Creek). 1 Rather than conducting an individual traditional land use study for each of the five applications, the DTFN and TCPL have agreed to conduct one larger study for reasons relating to “economies of scale,” capacity pressures, interviewee fatigue and so on, 7 8 In this report. a brief history of factors shaping Dene Tha’ use and occupation of their traditional territory over the last 80 years is provided, along with a general description of seasonal patterns of land use that characterized Dene Tha’ presence on the landscape over this time period. The occupation sites and land use activities of DTFN members specific to a 20 km area around TransCanada’s proposed pipelines in BC are then described -- a companion report detailing Dene Tha’ occupation sites and land use activities in relation to TCPL’s proposed pipeline and compressor station projects in Alberta, was previously submitted to TransCanada and the National Energy Board.2 This is followed by a description of those sites where Dene Tha’ have left physical evidence of their presence on the land (i.e., the Dene Tha’ “cultural footprint”), within 20 km of TransCanada’s proposed Alberta projects. Descriptions of Dene Tha’ current and recent land use activities by season, using the same 20 km Study area or “zone of influence” are then provided. Subsequently, general concerns, as identified by Dene Tha’ elders and land users participating in this Study, about the industrialization of Dene Tha’ traditional territory, as well as specific concerns about the type of industrial installations that TCPL is considering, are presented.