GRIZZLY BEAR MITIGATION PLAN FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT NEB CONDITION 56 March 2018 REV 3 687945 01-13283-GG-0000-CHE-RPT-0009 R3 Prepared for: Trans Mountain Pipeline ULC Kinder Morgan Canada Inc. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 5J2 Ph: 403-514-6400 Trans Mountain Pipeline ULC Grizzly Bear Mitigation Plan Trans Mountain Expansion Project 687945/March 2018 TABLE OF CONCORDANCE National Energy Board (NEB) Condition 56 is applicable to the following legal instruments: OC-064 (CPCN), AO-004-OC-2 (OC2), XO-T260-007-2016 (Temp), XO-T260-008-2016 (Pump 1) and XO-T260-009-2016 (Pump 2). Table 1 describes how this Plan addresses the Condition requirements applicable to Project activities. TABLE 1 LEGAL INSTRUMENT CONCORDANCE WITH NEB CONDITION 56: GRIZZLY BEAR MITIGATION PLAN OC-064 AO-004-OC-2 XO-T260-007-2016 XO-T260-008-2016 XO-T260-009-2016 NEB Condition 56 (CPCN) (OC2) (Temp) (Pump1) (Pump2) Trans Mountain must file with the NEB for approval, at least 4 months prior to commencing construction in each vulnerable Grizzly Bear Population Unit/grizzly Section 1.0 of this Plan. Section 1.0 of this Plan. Section 1.0 of this Plan. N/A - this legal instrument does not Section 1.0 of this Plan. Bear Management Area, a Grizzly Bear Mitigation Plan for each of these areas. Trans Mountain must provide a rationale for why any vulnerable Grizzly Bear have a Project interaction as Population Units/Grizzly Bear management units potentially affected by the Project are not addressed in the plan. The Grizzly Bear Mitigation Plan(s) must include: described in Section 4.0 of this Plan. a) a summary of results from any supplementary surveys conducted; Section 5.0 of this Plan. Section 4.0 of this Plan. Section 4.0 of this Plan. See above. Section 4.0 of this Plan. b) potential direct and indirect effects of Project activities on vulnerable grizzly bear populations units and grizzly bear management units; Section 3.1 and Section 4.0 of this Section 3.1 and Section 4.0 of this Section 3.1 and Section 4.0 of this See above. Section 3.1 and Section 4.0 of this Plan. Plan. Plan. Plan. c) mitigation measures to be implemented, including all relevant measures committed to throughout the OH-001-2014 proceeding, any new mitigation Section 5.0, Section 5.0, Section 5.0, See above. Section 5.0, measures resulting from supplementary surveys, detailed criteria using clear and unambiguous language that describes the circumstances under which Section 6.0 and Section 6.0 and Section 6.0 and Section 6.0 and each measure will be applied, and measurable targets for evaluating mitigation success; Appendix C of this Plan. Appendix C of this Plan. Appendix C of this Plan. Appendix C of this Plan. d) details on post-construction monitoring of mitigation measures, including survey methods, corrective measures, detailed criteria using clear and Section 7.0 of this Plan. Section 7.0 of this Plan. Section 7.0 of this Plan. See above. Section 7.0 of this Plan. unambiguous language that describes the circumstances under which each measure will be applied, and a proposed reporting schedule; e) a commitment to include results of the monitoring in the Post-Construction Environmental Monitoring (PCEM) reports filed under Condition 151; Section 7.4 of this Plan. Section 6.4 of this Plan. Section 6.4 of this Plan. See above. Section 6.4 of this Plan. f) a description of how Trans Mountain has taken available and applicable Aboriginal Traditional Land Use (TLU) and Traditional Ecological Knowledge (TEK) Section 1.2 and Appendices A and B Section 1.2 and Appendices A and B Section 1.2 and Appendices A and B See above. Section 1.2 and Appendices A and B into consideration in developing the plans including demonstration that those Aboriginal persons and groups that provided Aboriginal traditional land use of this Plan. of this Plan. of this Plan. of this Plan. information and traditional ecological knowledge, as reported during the OH-001-2014 proceeding and/or pursuant to Condition 97, had the opportunity to review and comment on the information; g) a summary of its consultations with Appropriate Government Authorities, any species experts and potentially affected Aboriginal groups. In its summary, Section 2.0 and Appendix A of this Section 2.0 and Appendix A of this Section 2.0 and Appendix A of this See above. Section 2.0 and Appendix A of this Trans Mountain must provide a description and justification for how Trans Mountain has incorporated the results of its consultation, including any Plan. Plan. Plan. Plan. recommendations from those consulted, into the Plan; and h) confirmation that Trans Mountain will update the relevant Environmental Protection Plan(s) to include any relevant information from the Grizzly Bear Section 5.0 of this Plan. Section 5.0 of this Plan. Section 5.0 of this Plan. See above. Section 5.0 of this Plan. Mitigation Plan, including confirmation that the mitigation, monitoring, and corrective measures in this plan will be implemented in the case of discovery via their inclusion in Trans Mountain’s Wildlife Species of Concern Discovery Contingency Plan. 01-13283-GG-0000-CHE-RPT-0009 Page i Trans Mountain Pipeline ULC Grizzly Bear Mitigation Plan Trans Mountain Expansion Project 687945/March 2018 EXECUTIVE SUMMARY The Grizzly Bear Mitigation Plan (the Plan) was prepared to address the requirements of National Energy Board (NEB) Condition 56 regarding the Trans Mountain Expansion Project (“the Project” or “TMEP”). Grizzly bear is listed as Special Concern by the Committee on the Status of Endangered Wildlife in Canada, are Blue-listed in British Columbia (BC) and listed as Threatened under the Alberta Wildlife Act. Portions of the pipeline route are located within two Bear Management Areas (BMAs) in Alberta and four Grizzly Bear Population Units (GBPU) in BC. The North Cascades GBPU in BC is considered Threatened while the other BMAs and GBPUs crossed are not considered vulnerable. Project interactions with grizzly bear and potential effects are associated with habitat alteration, barriers or changes in movement, and mortality risk, although provincial regulators have indicated that mortality risk as a result of increased access is the primary concern. This Plan demonstrates Trans Mountain Pipeline ULC’s (Trans Mountain) commitment to avoid and mitigate Project effects on grizzly bear and their habitat in the BMAs/GBPUs through the application of mitigation and restoration measures. Following a hierarchy of mitigative actions, Trans Mountain has considered measures to avoid Project effects to grizzly bear and will apply appropriate measures to minimize Project effects, followed by implementation of access management and habitat restoration measures. Mitigation developed as part of this Plan includes, but is not limited to, reducing potential effects of the Project on suitable habitat and restoring affected areas (e.g., minimizing/adjusting the configuration of temporary workspace, minimizing grading and grubbing, woody vegetation planting in selected areas) and preventing any Project-related grizzly bear mortalities during construction and operations. Measurable goals and targets, as well as details of Post-Construction Environmental Monitoring (PCEM) to be used to evaluate the effectiveness of mitigation and habitat restoration measures are provided. The measures in this Plan align with other Plans prepared for the Project, specifically the Access Management Plan. Since the primary Project interaction with grizzly bear is associated with mortality risk, the focus of mitigation is to provide measures to mitigate Project-related access associated with the pipeline easement and access roads. Key components of the Access Management Plan are incorporated into this Plan, including specific strategies and measures to control access during Project construction and operations and decision frameworks that show how access management locations and measures are selected, and how corrective measures will be implemented. Candidate locations for access management measures have been identified using a decision framework, Project information and mapping, field reconnaissance (aerial overflights) and information provided by Aboriginal groups. Site-specific locations for access management will be refined in the field based on factors such as availability of material and storage space, the construction techniques used, and ongoing consultation and engagement. The Plan was developed in consideration of the current regulatory policies, as well as consultation with Appropriate Government Authorities. Applicable Aboriginal Traditional Land Use and Traditional Ecological Knowledge are also incorporated. This Plan will be included as part of the Environmental Management Plans (Section 6, Volume 6 of the Environmental Plans) to ensure that the mitigation and restoration measures are implemented. Additionally, the results of PCEM for grizzly bear will be provided in the PCEM reports to be filed by Trans Mountain as per NEB Condition 151. 01-13283-GG-0000-CHE-RPT-0009 Page ii Trans Mountain Pipeline ULC Grizzly Bear Mitigation Plan Trans Mountain Expansion Project 687945/March 2018 TABLE OF CONTENTS Page TABLE OF CONCORDANCE ........................................................................................................................ I EXECUTIVE SUMMARY .............................................................................................................................. II 1.0 INTRODUCTION .............................................................................................................................