CA PDF Page 1 of 46 Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Wabun Tribal Council WABUN TRIBAL COUNCIL Wabun Tribal Council (WTC) (1080) is a community-driven Regional Chiefs’ Council based in Timmins, Ontario (AANDC 2016a, WTC 2016). Incorporated in 1989 under the Indian and Northern Affairs Canada (INAC) Devolution Policy, Wabun Tribal Council’s primary purpose is to promote self-reliance and deliver federal and provincial government services to its six member First Nation communities: Beaverhouse First Nation, Brunswick House First Nation, Chapleau Ojibwe First Nation, Flying Post First Nation, Matachewan First Nation, and Mattagami First Nation (WTC 2016). The Wabun Tribal Council is accountable to and receives direction from its six member First Nation communities by way of its Board of Directors (WTC 2016). All of the First Nation communities, except Beaverhouse First Nation, participated in the Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Project (WTC 2015b). Wabun Tribal Council’s role, with respect to the Project, is to coordinate and disseminate information for the five participating First Nation communities, with a focus on “cumulative effects at the regional level” (WTC 2015). Brunswick House First Nation is located in the Sudbury District of Ontario, 5 km from the town of Chapleau, which is 200 km west of Timmins (BHFN 2009). Brunswick House First Nation has two reserves: Duck Lake 76B (260 ha), near Chapleau, and Mountbatten 76A (9,054 ha) (AANDC 2016b). Duck Lake 76B is 184 km from the Project development area (PDA) and the conversion pipeline, and Mountbatten 76A is 185 km from the PDA and the conversion pipeline. Chapleau Ojibwe First Nation is located in the Chapleau Township, 2 km south of Chapleau, Ontario (WTC 2015b). Chapleau Ojibwe First Nation has three reserves: Chapleau 61A (67 ha), Chapleau 74 (65 ha), and Chapleau 74A (759 ha) (AANDC 2016c). Chapleau 61A is the closest to the Project and is185 km from the PDA and the conversion pipeline. Flying Post First Nation has one reserve, Flying Post 73 (5,957 ha), located 40 km southwest of Smooth Rock Falls, Ontario (AANDC 2016d). Flying Post 73 is 76 km from the PDA and the conversion pipeline. The transcript from the oral traditional evidence (OTE) presented by Flying Post First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table. Matachewan First Nation has one reserve, Matachewan 72 (4,159 ha), located in the Timiskaming District of Ontario, 75 km southeast of Timmins (AANDC 2015e; WTC 2015b). Matachewan 72 is 33 km from the PDA and 27 km from the conversion pipeline. The transcript from the OTE presented by Matachewan First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table. Mattagami First Nation has one reserve, Mattagami 71 (5,261 ha), located 100 km southwest of Timmins, Ontario; the administrative centre is located in Gogama (AANDC 2015f; WTC 2015b). Mattagami 71 is 101 km from the PDA and 97 km from the conversion pipeline. The transcript from the OTE presented by Mattagami First Nation was reviewed and information was incorporated into the corresponding TLRU information and mitigation table. LOCATION RELATIVE TO THE PROJECT The traditional territory of Wabun Tribal Council member First Nations falls within the area covered by Treaty 9 (WTC 2015c). “The site-specific data clearly show that the proposed Project traverses core areas and territory used by Wabun Tribal Council members that are critical to the continued meaningful practice of their traditional mode of life” (WTC 2015b). The study area chosen by Wabun Tribal Council for the traditional land and resource use (TLRU) study was based on the Project footprint (within 250 m), a local study area (within 5 km), and a regional study area (within 25 km) (WTC 2015b). TLRU INFORMATION SOURCE Wabun Tribal Council and five of its member First Nations (not including Beaverhouse First Nation) conducted an independent TLRU study with assistance from the Firelight Group Research Cooperative. Data were compiled from previously collected TLRU data, as a well as mapping interviews conducted with 100 Wabun Tribal Council members between January 6 and February 6, 2015. A validation workshop was held with selected Wabun Tribal Council study participants to verify the initial results of the interview process, followed by a presentation to Chief and Council and legal counsel. Overall, the study focused on describing and contextualizing the knowledge, use, occupancy, and interests of member First Nations in relation to the Project, and assessing potential effects from the Project (WTC 2015b). From this study, an interim report was provided in March 2015 (WTC 2015a) and a final report (WTC 2015b) provided in November 2015 by Wabun Tribal Council for use in the regulatory process for the Project. Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipelines Limited’s Proposed Energy East Project (WTC 2015a) and Interim Report for the Wabun Tribal Council Traditional Use Study and Assessment for TransCanada Pipelines Ltd.’s Proposed Energy East Pipeline Project (WTC 2015a) were reviewed and incorporated into Table 11, columns “Traditional Land and Resource Use Information” and “Wabun Tribal Council Mitigation Recommendations.” KEY TOPICS IDENTIFIED BY WABUN TRIBAL COUNCIL IN RELATION TO THE PROJECT The following key topics were identified from TLRU information provided by Wabun Tribal Council in relation to the Project (WTC 2015b): • Potential for the Project to disrupt the ability to practice Aboriginal interests and treaty rights. • Areas of intensive use intersected by the Project include the section from the Eagle Head pump station to the Geraldton pump station and the section from the Smooth Rock Falls pump station to the Marten River pump station. • Potential for environmental, social, economic and health effects on associated Wabun Tribal Council First Nations members’ abilities to carry out traditional and cultural practices due to factors associated with industrial development. • Potential effects from the Project on the surrounding ecosystem due to a pipeline accident or malfunction, and the associated effects on Wabun Tribal Council’s member First Nations’ health and ability to carry out traditional practices. Energy East Pipeline Ltd. May 2016 1 CA PDF Page 2 of 46 Energy East Project Wabun Tribal Council Volume 25, Binder 2: Mitigation Tables – Boreal Region • Concern related to water quality, including contamination of watersheds and the potential for Project effects on drinking water in the event of a pipeline accident or malfunction. • Potential for Project and cumulative effects on cultural continuity, and the consequential generational gaps in knowledge, and cultural division and disturbance. • Potential for Project and cumulative effects on travel routes and habitation sites, and disturbance of archaeological, ceremonial, and culturally significant sites. • Concern regarding cumulative effects on water resources and harvesting sites, areas, and activities. • Existing effects to the surrounding ecosystem due to previous development, such as a decreased abundance of aquatic and terrestrial animals and plants, and the effect on ceremonial and spiritual practices. Wabun Tribal Council has identified 3 sites within the local assessment area (LAA), and 16 sites within the TLRU regional assessment area (RAA). In addition, Wabun Tribal Council has identified 356 sites that may be intersected by the PDA or be located within the TLRU LAA, 446 sites that may be located within the TLRU LAA or RAA, and 874 sites that may be located within the TLRU 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 11, that are expected to effectively address potential effects from the Project on these sites. Energy East is committed to meeting with Wabun Tribal Council to discuss these mitigation measures and determine if additional mitigation measures are required. Wabun Tribal Council provided an initial characterization of potential effects from the Project to water, fishing, hunting and trapping, gathering of subsistence plants and medicines, and cultural continuity and ceremonial practices; characterizations were provided separately for normal operations and for a failure scenario resulting in an oil spill. The characterization of potential effects from the Project provided by Wabun Tribal Council differs from the residual effects characterization of the TLRU assessment presented in the Project ESA filed in October 2014. Energy East is committed to ongoing engagement with Aboriginal groups regarding Project activities, and is prepared to review the results of the ESA with Wabun Tribal Council. WTC requested a “full consideration of effects on CEAA 5(1)(c) factors in both the normal course of construction and operations and failure mode scenarios once the above noted studies and review of the ESA by subject matter experts is complete.” WTC noted that, “in keeping