CA PDF Page 1 of 14 Energy East Project Volume 25, Binder 2: Mitigation Tables – Boreal Region Mattagami First Nation MATTAGAMI FIRST NATION Mattagami First Nation (MaFN) (Band No. 226) is an Ojibway-Cree Nation affiliated with the Wabun Tribal Council as well as the Nishnawbe Aski Nation and is a signatory of Treaty 9 (AANDC 2016; MaFN 2016). Mattagami First Nation falls under the Indian Act election provisions, with a Chief and five Councillors elected to a two-year term (AANDC 2016; MaFN 2016). Mattagami First Nation has one reserve, Mattagami 71 (5,261 ha), located 113 km southwest of Kirkland Lake, Ontario (AANDC 2016). As of March 2016, Mattagami First Nation had a registered population of 566 members, with 171 members on reserve, 6 members on other reserves, 6 members on Crown land and 383 members living off reserve (AANDC 2016). LOCATION RELATIVE TO THE PROJECT Mattagami 71 Reserve is located 101.7 km from the Project development area (PDA) and 97.1 km from the existing right-of-way (RoW). Mattagami First Nation Traditional Territory includes the area between the proposed Smooth Rock Falls and Haileybury pump stations, as well as the Mattagami and Grassy rivers, two watercourses crossed by the RoW (MaFN 2015a). TLRU INFORMATION SOURCES One member of Mattagami 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 (MaFN 2015b), is a source of traditional land and resource use (TLRU) information for Mattagami First Nation considered in this report. The transcript was reviewed and information was incorporated into Table 7, columns “Traditional Land and Resource Use Information” and “Mattagami First Nation Mitigation Recommendations”. Additionally, Mattagami First Nation participated in an independent TLRU study with the Wabun Tribal Council. From this study, Wabun Tribal Council produced the Wabun Tribal Council Traditional Use Study and Assessment Final Report for TransCanada Pipeline Limited’s Proposed Energy East Project for use in the regulatory process for the Project in November 2015 (WTC 2015). Mattagami First Nation TLRU information from this source is reported on within the Wabun Tribal Council section of this Volume 25. KEY TOPICS IDENTIFIED BY MATTAGAMI FIRST NATION IN RELATION TO THE PROJECT The following key topics were identified from OTE information provided by Mattagami First Nation in relation to the Project (MaFN 2015b): • Continued practice of traditional ways of life and importance of transmitting knowledge to younger generations. • Use of the land is important to Mattagami First Nation and members of Mattagami First Nation hunt along the proposed RoW. • Potential pipeline spill which could contaminate the land, including medicinal plants and plant harvesting areas, and would displace wildlife. • Mattagami First Nation would no longer harvest from lands contaminated by a pipeline leak. • Use of pesticides and adverse effects on wildlife; effects of mining and forestry industries near Timmins. • Two CN derailments which have affected the Mattagami River system; downstream from these spills, the water is not suitable for drinking, fish cannot be consumed and wildlife is no longer harvested. Mattagami First Nation 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 7, that are expected to effectively address potential effects from the Project to these sites. Energy East is committed to meeting with Mattagami First Nation to discuss these mitigation measures and determine if additional mitigation measures are required. Mattagami First Nation noted that there are existing mines and forestry projects near Timmins. Industry activities such as aerial spraying with pesticides affect the animals. “Once a certain area is replanted and then sprayed with these which is called pesticides, I believe it is, and there’s nothing living in around in that area at all once it’s sprayed” (MaFN 2015b). Mattagami First Nation identified two CN railway derailments that occurred in March 2015. The derailment near Gogama resulted in train cars entering the Mattagami River, spilling thousands of litres of oil into the river system (MaFN 2015b). “Right now is that we’re seeing dead fish in our river system, dead ducks. Our walleye didn’t even spawn in that river anymore where it was a very, very nice spawning bed. The whitefish didn’t go up the river to spawn this fall. Our animals moved out of there” (MaFN 2015b). Mattagami First Nation added that there are also human effects resulting from the derailments; community members restrict their use of the river (MaFN 2015b). Energy East Pipeline Ltd. May 2016 1 CA PDF Page 2 of 14 Energy East Project Mattagami First Nation Volume 25, Binder 2: Mitigation Tables – Boreal Region MATTAGAMI FIRST NATION 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. Mattagami First Nation has identified the following locations farther than 50 km from the PDA: Grassy River is 63 km from the PDA; and 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. • 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 7 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