DAKOTA TIPI FIRST NATION

Transcription

1 CA PDF Page 1 of 26 DAKOTA TIPI FIRST NATION (DTFN) (Band No. 295) is located 4 km southwest of Portage La Prairie, Manitoba and 80 km west of Winnipeg, Manitoba (DTFN 2015). falls under the Indian Act election provisions, with a Chief and three Councillors elected to a two-year term (AANDC 2016). consists of one reserve, Dakota Tipi 1 (59.3 ha) (AANDC 2016). The reserve comprises Parish Lot 25 and Parish Lot 24; in 1985 the reserve also acquired Parish Lots 16, 17, and 18 for a total of ha (DTFN 2015). As of March 2016, has a registered population of 398 members, with 195 members on reserve, 2 members on other reserves, 200 members off reserve, and 1 member living on Crown land (AANDC 2016). LOCATION RELATIVE TO THE PROJECT The Dakota Tipi 1 Reserve is located 6 km from the Project development area (PDA); the traditional land and resource use (TLRU) figures indicate Dakota Tipi 1 Reserve is directly south of the Portage La Prairie Pump Station (DTFN 2015). The TLRU study area includes the PDA and areas where project effects may be experienced (DTFN 2015). noted that the study area includes construction and operation of new build pump stations, pipeline segments to be repurposed to oil service, the Moosomin tank terminal and the Cromer lateral (DTFN 2015). TLRU INFORMATION SOURCE conducted a TLRU study that included community input into research design, determination of existing historical and cultural use information, and initial interviews with Elders, land users and knowledge holders. From this study, produced an interim report (December 2015) for use in the regulatory process for the Project. Interim Report: Traditional Land Use and Occupancy/Traditional Ecological Knowledge Report (DTFN 2015) was reviewed and information was incorporated into, columns and Mitigation Recommendations. is working with Stantec to plan and implement a field research program in Additional tasks pending TLRU study completion include reviewing field research results with community, conducting additional review of archival sources and map review workshops, and validating the final report with study participants and leadership (DTFN 2015). KEY TOPICS IDENTIFIED BY DAKOTA TIPI FIRST NATION IN RELATION TO THE PROJECT The following key topics were identified from the preliminary TLRU information provided by in relation to the Project (DTFN 2015): Potential effects from the Project to TLRU activities as well as access and travel to TLRU areas. Potential effects from the Project to wildlife, furbearers, game birds, fish and raptors. Increased access to Crown land areas on and adjacent to the existing right-of-way (RoW) resulting in a decline in ungulate populations and loss of traditional use plants, thereby affecting s use of land and resources. Disturbance of Crown lands where the RoW intersects with main rivers, which may impact wildlife populations, as well as plants typically harvested for food and medicine. Maintaining and improving water quality in the Assiniboine River, given proximity to the proposed RoW crossing and sustenance fishing carried out by members. Risks associated with converting an existing pipeline to transport oil through Traditional Territory. Request for independent information regarding how potential spills of varying sizes could affect rivers within Traditional Territory, including the Assiniboine River. has identified one site within the TLRU regional assessment area (RAA). As described in Volume 16, Part B, Section 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 local assessment area (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, outlined in, that should effectively address potential effects from the Project to these sites. Energy East is committed to meeting with to discuss these mitigation measures and determine if additional mitigation measures are required. assert they never adhered to a treaty and thus retain, hold and assert Aboriginal Rights and Title to areas traversed by the Project (DTFN 2015). noted: Some of the Aboriginal Rights that the DTFN exercise and assert includes (but is not limited to) the right to hunt, fish, harvest land and water based resources, practice various forms of cultivation, build and occupy settlements, build and occupy camps and cabins, the ability to travel to and access resource activity areas. The DTFN also asserts and maintains that it has never ceded its Title or interests to its ancient homelands or traditional territory nor its inherent jurisdiction and decision making authority in relation to lands, waters and resources. (DTFN 2015) maintain that further consultation will be required regarding mitigation measures and access management plans to reduce project effects on rights, interests and traditional uses (DTFN 2015). Energy East Pipeline Ltd. May

2 CA PDF Page 2 of 26 DAKOTA TIPI FIRST NATION TLRU INFORMATION AND MITIGATION TABLE PROJECT DESCRIPTION 1 FOR SASKATCHEWAN AND MANITOBA SEGMENT: This segment includes a portion of the Cromer lateral (2.4 km in Saskatchewan; 55.4 km in Manitoba), 21 pump stations (12 in Saskatchewan; 9 in Manitoba), a tank terminal at Moosomin, Saskatchewan, permanent access roads to aboveground facilities, installation of mainline valves, watercourse crossings on the Cromer lateral, and conversion of approximately 1,078 km of natural gas pipeline to oil pipeline (612 km in Saskatchewan; 466 km in Manitoba). In Manitoba, the Assiniboine River crossing will be replaced, and there is one re-alignment around existing TransCanada facilities at Iles des Chenes mainline valve Environmental protection measures for construction are included in the New Pipeline Environmental Protection Plan (EPP), Conversion Segments EPP, Pump Station EPP, Temporary Facilities EPP and Tank Terminal EPP (see Volume 21). There are three preliminary camp locations in Saskatchewan and none planned in Manitoba. The existing RoW was not included in the PDA that was assessed as part of the ESA. During operation, maintenance 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 southern Saskatchewan and southern Manitoba. has not identified locations farther than 50 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 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 trails and travelways) and during ongoing engagement as possibly resulting in interactions with the PDA will be reviewed to determine whether they meet criteria to be identified as heritage resource sites. If required, sites and areas will be evaluated through the appropriate provincial regulatory process for heritage resources. Sites and areas deemed to be heritage resources may potentially require mitigation (including avoidance) if they occur within the PDA. TLRU ASSESSMENT: The effects considered are as follows: temporary or permanent loss of hunting areas or opportunities temporary or permanent loss of fishing areas or opportunities 1 For the complete Project Description, see Volume 14, Section 2. 2 May 2016 Energy East Pipeline Ltd.

3 CA PDF Page 3 of 26 temporary or permanent loss of trapping areas or opportunities temporary or permanent loss of plant harvesting areas or opportunities temporary or permanent loss of trails and travelways, or their use (including navigation) temporary or permanent loss of habitation sites or their use temporary or permanent loss of cultural and spiritual practices or sites Other categories (e.g., accidents and malfunctions, cumulative effects) that may affect TLRU are also included, based on information provided by. TLRU and Mitigation DTFN identified important TLRU activities: Hunting Fishing Trapping Plant harvesting Practicing agriculture Accessing and travelling to TLRU areas Building and maintaining camps Conducting cultural and spiritual activities Harvesting earth materials Traditional Land and Resource Use (Volume 16 Part B) Fish and Fish Habitat Vegetation and Wetlands Wildlife and Wildlife Habitat Human Occupancy and Resource Use (Volume 16 Part B) Heritage Resources (Volume 16 Part B) In the TLRU assessment, Project effects on hunting, fishing, trapping, plant harvesting, travel, habitation, and cultural or spiritual practices and sites for traditional purposes are addressed through consideration of temporary or permanent loss of hunting areas or opportunities, temporary or permanent loss of fishing areas or opportunities, temporary or permanent loss of trapping areas or opportunities, temporary or permanent loss of plant harvesting areas or opportunities, temporary or permanent loss of trails or travelways, or their use (including navigation), temporary or permanent loss of habitation sites or their use and temporary or permanent loss of cultural or spiritual practices or sites. In the Consolidated ESA, Project effects on the biophysical and socio-economic environment were assessed under the following valued components: fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat; human occupancy and resource use; and heritage resources. With the application of recommended mitigation measures during construction and operation, residual Project effects on fish and fish habitat, heritage resource sites, and access to lands used for fishing, hunting, and trapping and changes in vegetation and wetlands, and wildlife and wildlife habitat are predicted to be not significant over the life of the Project. Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. Refer to the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP, and for a list of general mitigation measures that mitigate potential effects pertaining to construction and maintenance activities in Saskatchewan and Manitoba (see "Project Description for the Saskatchewan and Manitoba Segment") on fish and fish habitat, access to waterbodies used for fishing, traditional use plants, wildlife and wildlife habitat, lands used for hunting and trapping, and heritage resources. 2 The recommendations for mitigation in this column have been provided to Energy East by Aboriginal groups through the results of a TLRU Study or an OTE hearing. Energy East will discuss the recommendations here, as well as any additional measures, with each Aboriginal group. Energy East Pipeline Ltd. May

4 CA PDF Page 4 of 26 TLRU and Mitigation DTFN never adhered to a treaty and thus retain, hold and assert Aboriginal rights and title to areas within southern Manitoba, and areas that the Project traverses (DTFN 2015). DTFN noted that these include hunting, fishing, harvesting land and water resources, cultivating the land, building and occupying settlements, camps and cabins, as well as accessing and travelling to use areas. Traditional Land and Resource Use (Volume 16 Part B) Surface Water Resources Groundwater Resources Fish and Fish Habitat Vegetation and Wetlands Wildlife and Wildlife Habitat Human Occupancy and Resource Use (Volume 16 Part B) Heritage Resources (Volume 16 Part B) In the TLRU assessment, Project effects on hunting, fishing, trapping, plant harvesting, travel, habitation, and cultural or spiritual practices and sites for traditional purposes are addressed through consideration of temporary or permanent loss of hunting areas or opportunities, temporary or permanent loss of fishing areas or opportunities, temporary or permanent loss of trapping areas or opportunities, temporary or permanent loss of plant harvesting areas or opportunities, temporary or permanent loss of trails or travelways, or their use (including navigation), temporary or permanent loss of habitation sites or their use and temporary or permanent loss of cultural or spiritual practices or sites. In the Consolidated ESA, Project effects on the biophysical and socio-economic environment were assessed under the following valued components: surface water resources, groundwater resources, fish and fish habitat; vegetation and wetlands; wildlife and wildlife habitat; human occupancy and resource use; and heritage resources. With the application of recommended mitigation measures during construction and operation, residual Project effects on fish and fish habitat, heritage resource sites, and access to lands used for fishing, hunting, and trapping and changes in vegetation and wetlands, and wildlife and wildlife habitat are predicted to be not significant over the life of the Project. DTFN asks that Energy East begins its consideration of any potential known biophysical and socio-economic effects against these noted broad rights categories through portions of Southern Saskatchewan, Southern Manitoba, and Southern Ontario (DTFN 2015). Energy East acknowledges this request for consideration of potential effects against these noted broad rights categories; Energy East will discuss the recommendations here, as well as any additional measures, with DTFN. Refer to the TLRU mitigation measures listed above this table to mitigate potential effects from the Project on TLRU. Refer to the Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP, and for a list of general mitigation measures that mitigate potential effects pertaining to construction and maintenance activities in Saskatchewan and Manitoba (see "Project Description for the Saskatchewan and Manitoba Segment") on surface water resources, groundwater resources, fish and fish habitat, access to waterbodies used for fishing, traditional use plants, wildlife and wildlife habitat, lands used for hunting and trapping, and heritage resources. Temporary or Permanent Loss of Hunting Areas or Opportunities Free-ranging buffalo was an important species historically. Species harvested by DTFN include moose, elk, mule deer, badger, ducks, geese and grouse. Traditional Land and Resource Use (Volume 16 Part B) Wildlife and Wildlife Habitat Human Occupancy and Resource Use (Volume 16 Part B) In the TLRU assessment, Project effects on hunting for traditional purposes are addressed through consideration of temporary or permanent loss of hunting areas or opportunities. In the human occupancy and resource use assessment, the Project effects on lands used for hunting are addressed through consideration of the temporary or permanent loss of use for fishing, hunting, or trapping. Energy East acknowledges this historical activity by DTFN and the importance of buffalo hunting as it relates to contemporary use. Refer to mitigation measures for TLRU that mitigate potential effects from the Project on similar current practices and activities. There are general mitigation measures as outlined below that mitigate potential effects on wildlife and wildlife habitat and lands used for hunting that pertain to construction and maintenance activities in Saskatchewan and Manitoba (see Project Description for the Saskatchewan and Manitoba Segment ). TLRU In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or permanent loss of hunting areas or opportunities, the following mitigation could be implemented by Energy East, subject to engagement (see Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP): See also the wildlife and wildlife habitat assessment where mule deer and sharp-tailed grouse are listed as species of management concern (SOMC). 4 May 2016 Energy East Pipeline Ltd.

5 CA PDF Page 5 of 26 TLRU and Mitigation DTFN members have adopted hunting strategies to access and hunt ungulates, ducks, geese, and other species based on detailed knowledge of where Crown land parcels are located. DTFN indicated that the Project could affect the use of Crown land near major rivers. DTFN noted that any construction disturbance near major rivers could displace game, especially in late fall and winter when DTFN members hunt. This would further restrict hunting, given the already limited Crown land available for access and hunting. Traditional Land and Resource Use (Volume 16 Part B) Wildlife and Wildlife Habitat Human Occupancy and Resource Use (Volume 16 Part B) For selected wildlife species, habitat types (e.g., forested lands and wetlands) are used to assess change in habitat availability and change in habitat connectivity. Habitat suitability for select wildlife species is determined using habitat associations (i.e., based on species preference of the habitat types). The change in mortality risk is considered for selected wildlife species. As determined in the wildlife and wildlife habitat in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA. Similarly, for the human occupancy and resource use assessment, the Project will not change or disrupt current resource use (e.g., hunting) in the RAA. In the TLRU assessment, Project effects on hunting for traditional purposes are addressed through consideration of temporary or permanent loss of hunting areas or opportunities. In the wildlife and wildlife habitat assessment, habitat types (e.g., forested lands and wetlands) for selected wildlife species are used to assess change in habitat availability and change in habitat connectivity. Habitat suitability for select wildlife species is determined using habitat associations (i.e., based on species preference of the habitat types). The change in mortality risk is considered for selected wildlife species. See also the human occupancy and resource use assessment, where the Project effects on lands used for, hunting, are addressed through consideration of the effect of temporary or permanent loss of use for fishing, hunting, or trapping. As determined in the wildlife and wildlife habitat in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA. Similarly, for the human occupancy and resource use assessment, the Project will not change or disrupt current resource use (e.g., hunting) in the RAA. The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, rollback) and strung pipe at obvious drainages and wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across the right-of-way. Locations where gaps are appropriate will be determined in the field by the Environmental Inspector(s). Gaps should align. The Environmental Inspector(s) will identify and notify the Contractor of the appropriate locations for gaps. All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Project personnel are not permitted to hunt on the work site Resource-Specific There are mitigation measures outlined below that mitigate potential effects on sharp-tailed grouse and migratory birds (see New Pipeline EPP and Conversion EPP): Where grouse leks are recorded, add perch deterrents to aboveground structures within 1 km of leks to reduce predation (AER 2013). If construction takes place between September 16 and October 31, time of day restrictions apply. There shall be no construction and reclamation activity (including accessing the site) between sunrise and 10 AM within the lek intersection zone (500 m on either side of the lek). Exceptions will be reviewed by Energy East and a qualified Wildlife Biologist on a case by case basis. In the event of clearing or construction activities occurring within the restricted activity period (RAP) for migratory birds (April 1 to August 31) the footprint should be surveyed by a qualified wildlife biologist for active migratory bird nests within 7 days of work commencing. Follow the Bird Nest Mitigation Plan (see EPP). Active nests must not be damaged or destroyed Construction Prior to construction, mitigation measures include: Undertake seasonally appropriate surveys to identify key habitat and habitat features (e.g., wetlands, burrows, nests) of SOMC before undertaking construction. During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Stations EPP, Tank Terminals, New Pipeline EPP and Conversion Segments EPP): The Contractor will monitor the open trench for trapped wildlife. Should any wildlife be identified, the Contractor will contact the Energy East Pipeline Ltd. May

6 CA PDF Page 6 of 26 TLRU and Mitigation Environmental Inspector(s) and Construction Manager. The Environmental Inspector(s) will contact the appropriate provincial regulatory agency or a Wildlife Resource Specialist, where required, for direction. If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the right-of-way or facility site. Firearms are not permitted in Project vehicles, on the right-of-way, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the right-of-way and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: Follow TransCanada s health, safety and environment (HSE) management framework during maintenance activities. DTFN members currently use areas on and adjacent to the existing ROW in Crown land areas between Ille Des Cheines 3, Spruce and Falcon Lake proposed pump station locations (DTFN 2015) for ungulate hunting and other traditional activities. Crown Land, between and adjacent to Ile Des Chenes, 4, is intersected by the PDA, including the Spruce and Falcon Lake pump stations, four mainline valves, and associated access roads. Traditional Land and Resource Use (Volume 16 Part B) Wildlife and Wildlife Habitat Human Occupancy and Resource Use (Volume 16 Part B) In the TLRU assessment, Project effects on hunting for traditional purposes are addressed through consideration of temporary or permanent loss of hunting areas or opportunities. In the wildlife and wildlife habitat assessment, the habitat types (e.g., forested lands and wetlands) are used to assess change in habitat availability and change in habitat connectivity. Habitat suitability for selected wildlife species is determined using habitat associations (i.e., based on species preference of the habitat types). The change in mortality risk is considered for selected wildlife species. DTFN asks that Energy East work with DTFN to identify access management strategies and mitigation measures and develop and implement a subregional access management plan to lessen effects of the existing RoW on DTFN rights and interests and DTFN uses and interests related to ungulate populations and its use and enjoyment of the area. (DTFN 2015) Energy East acknowledges this request for identification of an access management strategy through engagement with DTFN; Energy East will discuss the recommendations here, as well as any additional measures, with DTFN. There are general mitigation measures as outlined below that mitigate potential effects on wildlife and wildlife habitat and lands used for hunting that pertain to construction and maintenance activities in Manitoba (see Project Description for the Saskatchewan and Manitoba Segment ). TLRU In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or permanent loss of hunting areas or opportunities, the following mitigation could be implemented by Energy East, subject to engagement (see Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. 3 Assumed to be Ile Des Chenes pump station. 4 The extent of this area was not defined by DTFN. Crown land included here either intersects the PDA from Ile Des Chenes Pump Station area to Falcon Lake Pump Station area, or is within 30 m of the existing RoW. 6 May 2016 Energy East Pipeline Ltd.

7 CA PDF Page 7 of 26 TLRU and Mitigation See also the human occupancy and resource use assessment, where the Project effects on lands used for hunting are addressed through consideration of temporary or permanent loss of use for fishing, hunting, or trapping. Within the PDA, the Project will have an effect on lands used for hunting as well as wildlife habitat during construction. During the life of the Project, the PDA of the facilities and access roads will not be available for hunting or for wildlife habitat. Habitat adjacent to the facilities may be affected during operations due to sensory disturbance. As determined in the wildlife and wildlife habitat assessment in the Consolidated ESA, the Project will not threaten the long-term viability of wildlife within the RAA of the wildlife and wildlife habitat assessment. Similarly, for the human occupancy and resource use assessment, the Project will not change or disrupt current resource use (e.g., hunting) in the RAA. Leave gaps in windrows (i.e., grubbing piles, topsoil, grade spoil, rollback) and strung pipe at obvious drainages and wildlife trails, and to allow for wildlife, livestock and vehicle/machinery passage across the right-of-way. Locations where gaps are appropriate will be determined in the field by the Environmental Inspector(s). Gaps should align. The Environmental Inspector(s) will identify and notify the Contractor of the appropriate locations for gaps. All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Project personnel are not permitted to hunt on the work site Construction Prior to construction, mitigation measures include: Undertake seasonally appropriate surveys to identify key habitat and habitat features (e.g., wetlands, burrows, nests) of SOMC before undertaking construction. During construction, mitigation measures include (see the Temporary Facilities EPP, Pump Stations EPP, Tank Terminals, New Pipeline EPP and Conversion Segments EPP): The Contractor will monitor the open trench for trapped wildlife. Should any wildlife be identified, the Contractor will contact the Environmental Inspector(s) and Construction Manager. The Environmental Inspector(s) will contact the appropriate provincial regulatory agency or a Wildlife Resource Specialist, where required, for direction. If listed or sensitive wildlife species are identified during construction of the Project, implement the Wildlife Species of Concern Discovery Contingency Plan (see EPP). Do not harass or feed wildlife. Do not permit construction personnel to have dogs on the right-of-way or facility site. Firearms are not permitted in Project vehicles, on the right-of-way, pump station site, or at associated Project facilities. In addition, prohibit the recreational use of all-terrain vehicles (ATVs) or snowmobiles by construction personnel on the right-of-way and pump station sites. Report any incidents with nuisance wildlife or collisions with wildlife to provincial regulators and the local police detachment, if applicable. Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. Energy East Pipeline Ltd. May

8 CA PDF Page 8 of 26 TLRU and Mitigation Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: Follow TransCanada s health, safety and environment (HSE) management framework during maintenance activities. Temporary or Permanent Loss of Fishing Areas or Opportunities Species currently fished by DTFN include sturgeon, goldeye, northern pike or jackfish, burbot, sauger, walleye and sucker. Traditional Land and Resource Use (Volume 16 Part B) Fish and Fish Habitat Human Occupancy and Resource Use (Volume 16 Part B) In the TLRU assessment, Project effects on fishing for traditional purposes are addressed through consideration of temporary or permanent loss of fishing areas or opportunities. In the fish and fish habitat assessment, fish species that can be fished for subsistence are considered under commercial, recreational, and Aboriginal (CRA) fisheries. Lake Sturgeon is listed as a SOMC and also included under CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourse and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs are applicable for all species considered for CRA fisheries and are considered in recommended mitigation measures. The potential effects from the Project on fish and fish habitat are change in fish habitat, change in fish movement, migration and fish passage, change in fish mortality and the introduction of deleterious substances. See also the human occupancy and resource use assessment, where the Project effects on access to waterbodies used for fishing are addressed through temporary or permanent loss of use for fishing, hunting, or trapping. As determined in the Consolidated ESA, the Project effects on fish and fish habitat are predicted to be not significant. Similarly, for the human occupancy and resource use assessment, the Project will not change or disrupt current resource use (e.g., fishing) in the RAA. There are general mitigation measures as outlined below that mitigate potential effects on fish and fish habitat and access to waterbodies used for fishing that pertain to construction and maintenance activities in Saskatchewan and Manitoba (see Project Description for the Saskatchewan and Manitoba Segment ). TLRU In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or permanent loss of fishing areas or opportunities, the following mitigation could be implemented by Energy East, subject to engagement (see Temporary Facilities EPP, Pump Station EPP, Tank Terminal EPP, New Pipeline EPP, and Conversion Segments EPP): Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. Adhere to regulations, standards and guidelines for watercourse crossings as outlined in the EPP. All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Create new, temporary portages to allow transport of watercraft around active construction areas. Project personnel are not permitted to fish on the work site Construction During construction, the following mitigation measures will be implemented (see the Temporary Facilities EPP, Pump Stations EPP New Pipeline EPP, Tank Terminals EPP and Conversion Segments EPP): 8 May 2016 Energy East Pipeline Ltd.

9 CA PDF Page 9 of 26 TLRU and Mitigation Energy East will obtain all applicable permits and/or authorizations prior to the commencement of the crossings. Postpone watercourse crossing construction if excessive flows or flood conditions exist or are anticipated, and construction methods cannot be modified to cope with the increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP). Post signs immediately following clearing (including name, number and KP) for watercourses. Signs will be posted 100 m from the watercourse or at the top of the valley slope, whichever is greater, to alert the Contractor of the upcoming watercourse. The Contractor shall develop a detailed site specific watercourse crossing plan and submit the plan to Energy East prior to initiating watercourse crossing activities (for pipeline and road crossing). Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The right-of-way will be narrowed through the riparian area, if possible. No construction activity will occur within the RAP or outside the instream work window of least risk for any watercourse crossing unless: it is dry or frozen to the bottom at the time of construction; if trenchless techniques are employed; or approval from the appropriate regulatory agency is obtained. Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. Implement permanent bank reclamation measures to re-establish riparian vegetation and fish habitat as a part of backfill operations (see Typical Drawings). Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). For detailed description for mitigation during construction for fish and fish habitat refer to Section 8.4 (Watercourse Crossings) of the New Pipeline EPP. Other mitigation within Section 8.4 deals with establishment of riparian buffers, direction on grading near waterbodies, and establishment of sediment and erosion control measures, including the Soil and Erosion Control Contingency Plan (see EPP). It also includes mitigation measures for vehicle crossings in both frozen and unfrozen conditions, and mitigation measures for crossing methods (open cut, isolated, and trenchless crossings). Where required (i.e., for an isolated crossing), conduct fish salvage, Energy East Pipeline Ltd. May

10 CA PDF Page 10 of 26 TLRU and Mitigation in accordance with permit conditions, using appropriate methods and equipment. Release all captured fish to areas outside of the work area that provide suitable habitat. A Flood and Excess Flow Contingency Plan (see EPP) is included in the event of flooding or high flow events. Appropriate signs will be posted along access roads and in the vicinity of construction activities to warn the general public of construction activities. Where and when required (e.g., construction activities potentially interfering with road traffic); staff shall be assigned to direct traffic. Operation Following the completion of construction, TransCanada Operating Procedures (TOP) will be used during operation in conjunction with the EPPs where appropriate. For example, during operation mitigation measures include: Follow TransCanada s health, safety and environment (HSE) management framework during maintenance activities. Assiniboine River is used for fishing year-round for sustenance and cultural purposes. DTFN members fish above and below the water control works adjacent to the Reserve (Dakota Tipi 1), and expressed concern that siltation and turbidity could increase in DTFN fishing areas if the Project undertakes instream work instead of going under the river. Assiniboine River is intersected by the PDA and the existing RoW. The existing watercourse crossing at the Assiniboine River along the conversion pipeline will be replaced during construction via an open-cut crossing method (i.e., trenched method in flowing conditions). The PDA associated with the Assiniboine River watercourse crossing replacement is upstream of the water control works; the area described for fishing above and below the water control works is within the TLRU RAA. Traditional Land and Resource Use (Volume 16 Part B) Fish and Fish Habitat Surface Water Resources Human Occupancy and Resource Use (Volume 16 Part B) In the TLRU assessment, Project effects on fishing for traditional purposes are addressed through consideration of temporary or permanent loss of fishing areas or opportunities. In the fish and fish habitat assessment, fish species that can be fished for subsistence are considered under CRA fisheries. Habitat potential for fish species that contribute to a CRA fishery in watercourses and waterbodies crossed by the Project is determined through existing information and field surveys. RAPs are applicable for all species considered for CRA fisheries and are considered in recommended mitigation measures. Field surveys and baseline data analysis were conducted for the Assiniboine River to evaluate substrate and the potential effects of sediment during construction of the Assiniboine River watercourse crossing replacement. The potential effects from the Project on fish and fish habitat are change in fish habitat, change in fish movement, migration and fish passage, change in fish mortality and the introduction of deleterious substances. See also the human occupancy and resource use assessment, where the Project effects on access to waterbodies used for fishing are addressed through consideration of temporary or permanent loss of use for fishing, hunting, or trapping. There are general mitigation measures as outlined below that mitigate potential effects on fish and fish habitat, surface water resources and access to waterbodies used for fishing that pertain to construction and maintenance activities in Manitoba (see Project Description for the Saskatchewan and Manitoba Segment ). TLRU In addition to the TLRU mitigation measures listed above this table, to mitigate potential effects from the Project of temporary or permanent loss of fishing areas or opportunities, the following mitigation could be implemented by Energy East, subject to engagement (see Temporary Facilities EPP, Pump Station EPP, and Conversion Segments EPP): Prohibit the use of herbicides within 30 m of an open body of water, unless the herbicide application is conducted by ground application equipment, or otherwise approved by the relevant regulatory agency, where applicable. The EPPs include seasonal timing constraints for wildlife and fisheries resources. These timing constraints are to be followed unless otherwise approved by an appropriate regulatory authority. Adhere to regulations, standards and guidelines for watercourse crossings as outlined in the EPP. All construction traffic will adhere to safety and road closure regulations. Speed limits will be established as per the traffic control management plan. Refer to the Traffic Control Management Plan (see EPP). Clearly delineate areas that have access restrictions. Restrict access to essential construction personnel only. Direct all other personnel to the RoW via alternate access routes. Reclaim disturbed areas following completion of construction; restore access to and use of affected areas not required for permanent facilities. Create new, temporary portages to allow transport of watercraft around active construction areas. Project personnel are not permitted to fish on the work site 10 May 2016 Energy East Pipeline Ltd.

11 CA PDF Page 11 of 26 TLRU and Mitigation Resource Specific There are mitigation measures outlined below that mitigate potential effects on fish and fish habitat at the Assiniboine River watercourse crossing replacement (see Conversion Pipeline EPP): Schedule instream activity for low flow periods and limit the duration of instream work to the extent possible. Conduct work outside the RAP of April 1 to June 30. Incorporate DFO s measures to avoid harm to fish and fish habitat where possible. Construction During construction, the following mitigation measures will be implemented (see the Conversion Segments EPP): Energy East will obtain all applicable permits and/or authorizations prior to the commencement of the crossings. Postpone watercourse crossing construction if excessive flows or flood conditions exist or are anticipated, and construction methods cannot be modified to cope with the increased flow, follow the Flood and Excessive Flow Contingency Plan (see EPP). Post signs immediately following clearing (including name, number and KP) for watercourses. Signs will be posted 100 m from the watercourse or at the top of the valley slope, whichever is greater, to alert the Contractor of the upcoming watercourse. The Contractor shall develop a detailed site specific watercourse crossing plan and submit the plan to Energy East prior to initiating watercourse crossing activities (for pipeline and road crossing). Establish and clearly identify a riparian buffer or minimal disturbance zone (MDZ) for all watercourses before the start of clearing activities. RoWs should be narrowed in these areas to the extent practical. Disturbance in the MDZ should be restricted to allow access crossing installation (if required), excavation of the trench, and installation of the pipeline. MDZ will range from 3 m to 10 m based on site specific conditions (e.g., potential for erosion). Prohibit clearing of extra temporary workspace within 10 m to 30 m of a watercourse to protect riparian areas, based on site-specific conditions and provincial requirements. This area shall be clearly marked prior to clearing operations. The right-of-way will be narrowed through the riparian area, if possible. No construction activity will occur within the RAP or outside the instream work window of least risk for any watercourse crossing unless: it is dry or frozen to the bottom at the time of construction; if trenchless techniques are employed; or approval from the appropriate regulatory agency is obtained. Limit clearing at watercourse crossings to the removal of trees and shrubs to the ditch line and work side areas required for vehicle crossings. Implement permanent bank reclamation measures to re-establish riparian vegetation and fish habitat as a part of backfill operations (see Typical Drawings). See also the surface water resources assessment where the Project effects on surface water resources are change in surface water quality and change in surface water quantity. Several CRA fish species, including lake sturgeon, have been documented in proximity of the Assiniboine River watercourse crossing replacement. The existing watercourse crossing of Assiniboine River will be replaced using an open-cut construction method in flowing conditions which may affect fish and fish habitat. In addition, navigation and fishing areas or opportunities will be temporarily disrupted during construction of the watercourse crossing replacement. Within the PDA, the Project will have an effect on surface water resources, fishing activities, and potentially on fish and fish habitat, during construction. The Project will not affect surface water resources, fishing activities and fish species in areas that are located outside of the LAA for the surface water resources, fish and fish habitat, and human occupancy and resource uses assessments. As determined in the fish and fish habitat assessment in the Consolidated ESA, the Project effects on fish and fish habitat are predicted to be not significant. Similarly, for the surface water resources assessment, the Project will not result in reductions or degradation of surface water quality and quantity; sustainable flows will meet present and future use and support aquatic life. Similarly, for the human occupancy and resource use assessment, the Project will not change or disrupt current resource use (e.g., fishing) in the RAA. Energy East Pipeline Ltd. May

12 CA PDF Page 12 of 26 TLRU and Mitigation Seed disturbed banks and riparian areas with an approved native seed mixture. The Environmental Inspector(s) will determine onsite whether other restoration methods need to be applied to stabilize banks (e.g., soil wraps, brush layers, and matting). For detailed description for mitigation during construction for fish and fish habitat refer to Section 8.4 (Watercourse Crossings) of the New Pipeline EPP. Other mitigation within Section 8.4 deals with establishment of riparian buffers, direction on grading near waterbodies, and establishment of sediment and erosion control measures, including the Soil and Erosion Control Contingency Plan (see EPP). It also includes mitigation measures for vehicle crossings in both frozen and unfrozen conditions, and mitigation measures for crossing methods (open cut, isolated, and trenchless crossings). Where required (i.e., for an isolated crossing), conduct fish salvage, in accordance with permit conditions, using appropriate methods and equipment. Release all captured fish to areas outside of the work area that provide suitable habitat. A Flood and Excess Flow Contingency Plan (see EPP) is included in the event of flooding or high flow events. Install drainage swales or culverts where permanent and temporary access roads cross wetlands. Maintain cross-drainage to allow water to move from one side of the access road to the other. Refer to Watercourse Crossings and Recommended Crossing Methods (see EPP Section 8.4). Clean-up activities will follow completion of backfill operations as closely as possible. If reclamation is postponed, contact the relevant regulatory agencies and landowners before the initiation of the reclamation activities and notify upon completion, as required. Natural recovery is the preferred method of reclamation for wetlands. Do not seed wetland areas. Ensure maintenance of downstream flow at all times when constructing an isolated crossing. Have contingency equipment (e.g., back-up pumps and hoses) available onsite, and where instream conditions allow, install to allow for rapid deployment if required. Ensure that ice bridges or snowfills do not interfere with or impede winter flows. Conduct all hydrostatic testing activities in accordance with the NEB Onshore Pipeline Regulations, provincial regulations, as well as the latest version of CSA Z662. Leave gaps in windrows, at obvious drainages, on sidehill terrain and wherever seepage occurs to reduce interference with natural drainage patterns. Runoff from the Project site / access roads shall be directed into stable areas (preferably vegetated), in a controlled manner. Approval is required from the Crown and lessee on Crown Lands or from the landowner or occupant on private land if runoff is directed to off-site areas. Refer to Erosion and Sediment Control Plan (see EPP). Direct grading away from waterbodies. Do not place fill material in a waterbody during grading. 12 May 2016 Energy East Pipeline Ltd.