CA PDF Page 1 of 22 Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Flying Post First Nation FLYING POST FIRST NATION Flying Post First Nation (FPFN) (Band No. 227) is affiliated with Wabun Tribal Council as well as with Nishnawbbe Aski Nation and is a signatory of Treaty 9 (FPFN 2016). Flying Post First Nation is governed under a custom electoral system, with a Chief and four Councillors elected to a three-year term (AANDC 2016). Flying Post First Nation has one reserve, Flying Post 73 (5,957 ha), located 40 km southwest of Smooth Rock Falls, Ontario (AANDC 2016). As of March 2016, Flying Post First Nation had a registered population of 220 members, with 1 member on reserve, and 219 members living off reserve (AANDC 2016). Most Flying Post First Nation members live near Nipigon (FPFN 2016). LOCATION RELATIVE TO THE PROJECT Flying Post 73 Reserve is located 77 km from the Project development area (PDA) and 76.7 km from the existing right-of-way (RoW). Flying Post First Nation stated the RoW “crosses important rivers, lakes, wildlife habitats and other land resources in Flying Post Traditional Territory” (FPFN 2015a). Flying Post First Nation also stated the RoW crosses watercourses such as the Nipigon River and Black Sturgeon River, which are used and valued by the Nation (FPFN 2015a). TLRU INFORMATION SOURCES Five members of Flying Post First Nation presented oral traditional evidence (OTE) to the National Energy Board (NEB) regarding the Project. The hearing was held in Timmins, Ontario on November 19, 2015. The transcript from this hearing, which is available on the NEB Project directory (FPFN 2015b), is a source of traditional land and resource use (TLRU) information for Flying Post First Nation considered in this report. The transcript from this OTE hearing was reviewed and information was incorporated into Table 2, columns “Traditional Land and Resource Use Information” and “Flying Post First Nation Mitigation Recommendations”. Additionally, Flying Post First Nation participated in an independent Traditional Land and Resource Use study with the Wabun Tribal Council (WTC 2015). From this study, Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipeline Limited’s Proposed Energy East Project was provided by Wabun Tribal Council for use in the regulatory process for the Project in November 2015. Flying Post First Nation TLRU information from this source is reported within the Wabun Tribal Council section of this Volume 25. KEY TOPICS IDENTIFIED BY FLYING POST FIRST NATION IN RELATION TO THE PROJECT The following key topics were identified from TLRU information provided by Flying Post First Nation in relation to the Project (FPFN 2015b): • Potential effects from the Project to areas where community members regularly hunt, fish and gather. • Potential effects from the Project to wildlife migration patterns, including disruption to the moose corridor near Nipigon pump station. • A campground used by Flying Post First Nation is located 10 km downstream of the Jellicoe Pump Station, 1 km from the existing RoW. • Concern regarding potential contamination to the environment from Project activities. • A pipeline oil spill would affect the Nipigon River watershed, which is important to Flying Post First Nation for drinking water, fish, and wildlife. • Concern regarding locating a break in the pipeline in the event of an underground oil leak and potential for pipeline breaks caused from extreme cold weather. • Concern regarding potential oil spills and chemical contamination during the maintenance of shut off valves at water crossings and questions related to containing and disposal of oil in the event of a leak or spillage during routine maintenance. • Questions regarding how converting the existing pipeline from carrying natural gas to oil will affect the pipeline. • Concern for future generations’ ability to continue to harvest food from the land and experience unspoiled nature. Flying Post First Nation has identified 6 sites within the PDA, 5 sites within the TLRU local assessment area (LAA) and 15 sites within the TLRU regional assessment area (RAA) and. 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 2, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Flying Post First Nation to discuss these mitigation measures and determine if additional mitigation measures are required. Flying Post First Nation has raised questions regarding Project construction, maintenance and safety (see Consolidated Application Volume 10, Appendix 72A [Flying Post First Nation]). Flying Post First Nation explained that they had considerable anxiety about the Project. “We’re scared of the pipeline going through our territory because of the unknowns” (FPFN 2015b). Flying Post First Nation raised questions about oil containment and disposal, especially in the case of a line rupture between Nipigon and Eagle Head Station where there are 60 miles of pipe (FPFN 2015b). Energy East Pipeline Ltd. May 2016 1 CA PDF Page 2 of 22 Energy East Project Flying Post First Nation Volume 25, Binder 2: Mitigation Tables – Boreal Region Flying Post First Nation members continue to live off the land and their daily diet consists of moose and fish, as well as other wild foods. “We live this life every day. That’s what we do. We hunt. We fish after work, go up to Nipigon River salmon fishing, whatever’s in season, speckled trout, lake trout” (FPFN 2015b). Flying Post First Nation noted the importance of the Nipigon River. “I fish weekly for brook trout, lake trout, walleye, pike. I hunt moose along the Nipigon River up to Lake Nipigon” (FPFN 2015b). “For anyone that fishes, once again, it has everything. It has good salmon fishing in season. Brook trout fishing, it’s world-class and it’s coming back really well. There's rainbow trout, lake trout. The walleye are coming back. There’s big pike in there. There’s big whitefish in there. Anything you can think of is in there, so as – sturgeon, there’s – so you know, that is a very big concern” (FPFN 2015b). Traditional use areas for Flying Post First Nation are located along the RoW: “In my life, I’ve shot 32 moose, and most of the moose I’ve shot are within the boundaries of the pipeline and the affected areas if there is a problem” (FPFN 2015b). Flying Post First Nation expressed concern about a pipeline spill displacing them from their current hunting and fishing areas, given that in southern Ontario fish and wildlife are too contaminated to be consumed. FLYING POST FIRST NATION TLRU INFORMATION AND MITIGATION TABLE PROJECT DESCRIPTION FOR1 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. Flying Post First Nation has identified the following locations that are farther than 50 km from the PDA: City of Thunder Bay is 51 km from the PDA and the Town of Gogama is 125 km from the PDA. MITIGATION MEASURES: Energy East will implement the following mitigation measures specific to TLRU: • Energy East commits to ongoing communication with Aboriginal groups regarding Project activities (e.g., access during construction, mitigation measures, reclamation planning, post-construction monitoring and access management). • All applicable stakeholders and Aboriginal groups affected by the Project will be notified of the intended Project schedule before the start of construction. • Known TLRU sites and areas deemed appropriate for inclusion by Aboriginal groups will be identified on the environmental alignment sheets or environmental figures (see the EPPs). If TLRU-sensitive features not previously identified are discovered during construction, the TLU Sites Discovery Contingency Plan (see the EPPs) will be followed. • Clearly mark all TLRU sites and areas identified in the resource-specific mitigation tables and the environmental alignment sheets or environmental figures within the immediate vicinity of the PDA before the start of clearing. Following clearing, marking will be undertaken to delineate the sensitive resources. • An environmental and site safety orientation will be developed and implemented by the Contractor for all Project staff and visitors on actions to take if TLRU sensitive features are found. • TLRU access will be maintained to current access roads within or adjacent to the PDA, or temporary pathways will be created to fishing, trapping, hunting, and plant harvesting areas; habitation sites, and cultural or spiritual sites; recreational areas and affected navigable waterbodies; and streams and rivers used for boating (see the EPPs). • An access management plan will be developed prior to construction to manage and control temporary and permanent access during the life of the Project.