FINAL REPORT http://74.125.47.132/search?q=cache%3ARSyZL7XJS1MJ%3Ahttps%3A%2F %2Fwww.one-neb.gc.ca%2Fll-fre%2Flivelink.

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http://docs.google.com/viewer?a=v&q=cache:RSyZL7XJS1MJ:https://www.oneneb.gc.ca/ll-fre/livelink.exe%3Ffunc%3Dll%26objId%3D405920%26objAction %3DOpen+murphy+oil+buffer&hl=en&gl=us&pid=bl&srcid=ADGEESjuswW5f8-2fJiM56g4dFNwk65yUJev9lrRdCFIxYQzRqJNEkg4b2UYBi8_1HjAAyB4d_X50DhXDs Gd0LltiAk7oFhoEcxcWtXrnzXjPZBvxKSkjjfB20JI2N21pKYFanFUJk&sig=AHIEtbTxLIKORpwUrgnJACQCbllbu8HhA 2008 PRE-CLEARING NEST SWEEP SURVEY FOR THE MURPHY OIL COMPANY LTD. TUPPER PIPELINE Submitted to: Murphy Oil Company Ltd. 1700, 555 – 4 Avenue SW Calgary, AB T2P 3E7 Prepared by: Golder Associates Ltd. 300, 10525 – 170 Street Edmonton, AB T5P 4W2 2008 08-1372-0021

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Murphy Oil Company Ltd. -iJune 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

EXECUTIVE SUMMARY
A pre-clearing nest sweep survey was conducted by Golder Associates Ltd. (Golder) of Edmonton Alberta from June 6 - 8, 2008. The purpose of this survey was to evaluate the presence of active migratory bird nest occurrences along two parcels of land along the Murphy Oil Company Ltd. Tupper Pipeline Right-ofWay that was not cleared in the winter of 2007/2008 in accordance with the National Energy Board’s Order XG-M267-03-2008, Approval Condition 6. The Migratory Birds Convection Act prohibits the disruption “of migratory birds or the damaging, destroying, removing or disturbing of nests” (ASRD 2007). Primary mitigation for compliance with the act is to conduct clearing outside of the migratory bird nesting window (typically May 1 to July 31, ASRD 2007). If clearing during the migratory bird nesting window cannot be avoided, due diligence must be shown that precautions are taken to not disturb or destroy an active migratory bird nest (P. Gregoire, pers. comm.). Twelve active nesting sites and three probable nesting sites were observed on the Alberta parcel of the proposed Tupper Pipeline. Additionally, two active nests were found on the British Columbia parcel. As such, Golder recommends the following based on personal communication with Paul Gregoire of the Canadian Wildlife Service (CWS): • delay all clearing until July 31, 2008;

• should the date of July 31, 2008 not be acceptable, wait two to three weeks and have a biologist complete a second pre-clearing nest sweep. Clearing could then commence if the active nests are deemed inactive and no new nests are located. • if clearing must occur immediately, a 30 m buffer around all active songbird nests and 100 m around raptor nests (including the red-tailed hawk nest) must be maintained. This may prove to be difficult as the nests are along a proposed 18 m right of way. • bore under all active nest sites, leaving the 30 m buffer.

Page 3 Murphy Oil Company Ltd. - ii June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY ................................................................................................... I 1 INTRODUCTION......................................................................................................... 1 1.1 BACKGROUND ...............................................................................................................1 1.2 RATIONALE ....................................................................................................................4

2 METHODS .................................................................................................................. 5 3 RESULTS.................................................................................................................... 6 3.1 ALBERTA LAND PARCEL ..............................................................................................6 3.2 BRITISH COLUMBIA LAND PARCEL...........................................................................11 4 DISCUSSION AND RECOMMENDATIONS ............................................................. 13 5 CLOSURE ................................................................................................................. 14 6 REFERENCES.......................................................................................................... 15 LIST OF TABLES Table 1 Breeding Bird Nest Locations within the Alberta Parcel ..........................................7 Table 2 Probable Breeding Bird Nest Locations within the Alberta Parcel...........................8 Table 3 Breeding Bird Species Observed within the Alberta Parcel Area to be Cleared ....................................................................................................................9 Table 4 Breeding Bird Nest Locations within the British Columbia Parcel .........................11 Table 5 Breeding Bird Species Observed within the British Columbia Parcel Area to be Cleared .........................................................................................................12 LIST OF FIGURES Figure 1 Location of the Murphy Oil Company Ltd. Proposed Tupper Pipeline ....................3

Figure 2 Pre-Clearing Nest Sweep Survey Results Along the Murphy Oil Company Ltd. Proposed Tupper Pipeline ..............................................................................10 LIST OF APPENDICES APPENDIX 1 2008 Pre-clearing Nest Sweep Survey Photos

Page 4 Murphy Oil Company Ltd. -1June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

1 INTRODUCTION
1.1 BACKGROUND The proposed 323.9 mm O.D. (12”) Tupper pipeline will transport sweet natural gas across the Alberta (AB)/British Columbia (BC) border between Dawson Creek, BC and Grande Prairie, AB (Figure 1) (TERA 2007). The pipeline will extend from a proposed Murphy Gas Plant in a-21-B/93-P-9 approximately 5 kilometres southwest of Tomslake, BC and connect to a tie-in point into TransCanada PipeLine’s (TCPL) proposed Brainard Meter Station in NE 7-74-12 W6M (TERA 2007). The Tupper Pipeline right-of-way (ROW) parallels an existing EnCana Oil & Gas Partnership (EnCana) pipeline for the majority of the route. The construction for the proposed Tupper Pipeline ROW will be 18 m wide with additional temporary work

spaces at road, creek, and drainage crossings, bore sites and log deck locations. The proposed route traverses approximately 0.4 km of Crown land in BC (One Island Lake Grazing Reserve) and approximately 4.8 km of Crown land in AB. (TERA 2007). Regulatory approvals were granted for the proposed ROW to be cleared with the majority of the ROW cleared in the winter of 2007/08; however, two parcels of land, one in BC and one in AB were not cleared and are scheduled to be cleared in June 2008. For the areas not cleared in the winter of 2007/2008, Murphy Oil must comply with Approval Condition 6 (below) in accordance with the National Energy Board’s Order XG-M267-03-2008: 6. Murphy shall retain a qualified biologist to carry out a survey to identify any migratory birds and nests located near any proposed construction activities that are to be undertaken from 1 May to 31 July 2008. The Company shall file with the Board: i. evidence to demonstrate that the survey was conducted; ii. the results of the survey; and iii. mitigation strategies developed in consultation with Environment Canada to protect any identified migratory birds and nests. Approval Condition 6 is to ensure that the Tupper Pipeline is constructed in accordance with Canada’s Migratory Birds Convention Act (MBCA). Under the MBCA, it is prohibited to disturb migratory birds or to damage, destroy, remove or disturb nests. Murphy Oil Company Ltd. (Murphy Oil) is committed to protecting migratory birds and their nests. As such, primary mitigation to achieve this

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Murphy Oil Company Ltd. -2June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates commitment is to conduct clearing outside of the migratory bird nesting window (typically May 1 to July 31, ASRD 2007). However,, clearing during the nesting period could not be avoided for the remaining areas not cleared along the Tupper Pipeline in winter 2007/2008. To avoid disturbance to active breeding bird nests, preclearing nesting surveys were conducted by a qualified biologist (CPEC 2004). As pre-clearing nesting surveys should be conducted as close to timing of clearing activities as possible (one to two days prior to clearing recommended by Environment Canada; P. Gregoire, pers. comm.), surveys were completed from June 6 – 8, 2008 with clearing scheduled to begin on June 11, 2008.

Page 6 Murphy Oil Company Ltd. -3June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Figure 1 Location of the Murphy Oil Company Ltd. Proposed Tupper Pipeline

Page 7 Murphy Oil Company Ltd. -4June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates 1.2 RATIONALE Golder Associates Ltd. (Golder) was retained by Murphy Oil to conduct preclearing nest sweep surveys for portions of the proposed Tupper Pipeline (the Project) that were not cleared in the winter of 2007/2008. Pre-clearing nest sweep surveys are completed to demonstrate due diligence that precautions are taken to not disturb or destroy any active breeding bird nests during the bird nesting window (typically May 1 to July 31) as per the Migratory Birds Convention Act.

Page 8 Murphy Oil Company Ltd. -5June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

2 METHODS

The purpose of the pre-clearing nest sweep survey was to locate and mark any active migratory bird nests within the AB and BC parcels that were not cleared during the 2007/2008 winter. The surveys were conducted to document bird breeding behaviour and locate active nests. Nest surveys consist of a wildlife biologist (Warren Fleming, M.Sc., P.Biol., Bird Specialist) walking along the pipeline ROW, which consists of forested areas, searching for nests (stick nests, mud nests, ground nests, tree cavities) and recording bird breeding behaviour (e.g., carrying nesting material, singing males, aggressive behaviour). Active nests were flagged and a location coordinate was determined using a Geographical Positioning System (GPS). Although fixed radius point count surveys were not completed, all observations of birds within the area to be cleared were recorded, including singing males. In addition, general survey notes, incidental wildlife observations and photo numbers were recorded.

Page 9 Murphy Oil Company Ltd. -6June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

3 RESULTS
3.1 ALBERTA LAND PARCEL A total of approximately 4.8 km of the proposed Tupper Pipeline on the Alberta

side located between NW-31-74-13 W6M and NE-28-74-13 W6M is scheduled to be cleared in June 2008. A pre-clearing nest sweep survey for the Alberta portion of the proposed Tupper Pipeline scheduled for clearing was conducted on June 6 and 7, 2008 by Warren Fleming of Golder Associates and Donald Fergusson, Junior of Horse Lake First Nation. The complete portions of the ROW scheduled for clearing was surveyed. Twelve nests were identified during the survey (Table 1). Survey results are summarized in Table 1 and the location of all nests are depicted in Figure 2. Additionally, three probable nest sites (nesting behaviour was observed but nests were not located) were also identified (Table 2, Figure 2). Table 3 summarizes all birds observed exhibiting breeding bird territorial behaviour (singing) within the area to be cleared. Although nests were not observed for these individuals, it is likely that nests are present but were not located.

Page 10 Murphy Oil Company Ltd. -7June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Table 1 Breeding Bird Nest Locations within the Alberta Parcel
Waypoint location (WGS 84) Tupper Pipeline Kilometer Marker

Easting Northing Species Observed Notes Flagging Recommendations km 13 +~400 m 311306 6149992 white-throated sparrow definite nest site, however, nest could not be located nest was not flagged km 13 + ~520 m 311421 6149979 yellow warbler definite nest site, however, nest not located nest was not flagged km 13 + ~530 m 311433 6149992 yellow warbler birds observed

building a nest 10 m diameter circle was flagged using orange flagging tape km 13 +~800 m 311510 6149854 uncertain – likely a least flycatcher female observed on nest (see photo 1) Nest could not be found again to flag the area km 13 +~820 m 311535 6149844 yellow warbler nest observed high in tree within workspace 10 m diameter circle was flagged using orange flagging tape km 14 + ~400 m 311781 6149367 red-tailed hawk

nest was defended by pair of adults. Nest is located ~40 m outside planned clearing Area was not flagged km 14 + 405 m 311874 6149311 black-capped chickadee two adults were observed feeding young (see photo 2) 10 m diameter circle was flagged using orange flagging tape km 14 + ~700 m 312178 6149301 yellow warbler a nest with three eggs was found with a female observed closeby (see photo 3) 10 m diameter circle

was flagged using orange flagging tape km 15 + ~650 m 313121 6149262 white throated sparrow pair flushed from ground, nest site but nest could not be located 10 m diameter circle was flagged using orange flagging tape km 13 + ~550 m 311460 6149984 spotted sandpiper nest scrape observed on the existing EnCana RoW adjacent to an EnCana compressor station (photo 4) Sticks with orange flagging were placed in the ground surrounding the nest

km 16 + ~225 m 313683 6149163 yellow-bellied sapsucker female was observed entering nesting cavity (see photo 6) 10 m diameter circle was flagged using orange flagging tape km 16 + 415 m 313728 6148969 white throated sparrow pair was flushed from the ground, however the nest was not located 10 m diameter circle was flagged using orange flagging tape 1. If clearing cannot be deferred until July 31, defer clearing for 2-3 weeks and re-

survey. Clearing can commence once nests are deemed inactive. 2. Clear with a 30m buffer around all songbird nests and 100 m buffer around raptor nests (P. Gregoire, pers. comm., 2008)

Page 11 Murphy Oil Company Ltd. -8June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Table 2 Probable Breeding Bird Nest Locations within the Alberta Parcel
Waypoint location (WGS 84) Tupper Pipeline Kilometer Marker Easting Northing

Species Observed Notes Flagging Recommendations km 14 +~800 m 312272 6149290 whitethroated sparrow nesting behaviour observed – female flushed from the ground and stayed nearby, however a nest was not found area was not flagged km 15 + ~360 m 312841 6149273 whitethroated sparrow nesting behaviour observed – female flushed from the ground

and stayed nearby, however a nest was not found area was not flagged km 15 + ~85 m 312565 6149304 house wren many cavities in an old tree were found with a pair of adults demonstrating aggressive behaviour area was not flagged 1. If clearing cannot be deferred until July 31, defer clearing for 2-3 weeks and re-survey. Clearing can commence once nests are deemed in-active. 2. If clearing occurs prior to nests being deemed in-active, a 30m buffer around all songbird nests and a 100m buffer around raptor nests will be maintained (P. Gregoire,

pers. comm., 2008)

Page 12 Murphy Oil Company Ltd. -9June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Table 3 Breeding Bird Species Observed within the Alberta Parcel Area to be Cleared Date Species Observed yellow warbler Lincoln’s sparrow least flycatcher black and white warbler warbling vireo brown-headed cowbird northern waterthrush western wood-peewee blackpoll warbler black capped chickadee yellow rumped warbler American redstart

white-throated sparrow mourning warbler rose-breasted grosbeak dark-eyed junco Connecticut warbler red-eyed vireo June 6, 2008 olive-sided flycatcher red-breasted nuthatch least flycatcher yellow warbler rose-breasted grosbeak white-throated sparrow Lincoln’s sparrow black-capped chickadee Baltimore oriole hairy woodpecker American redstart mourning warbler yellow-rumped warbler June 7, 2008 Wilson’s warbler

Page 13 Murphy Oil Company Ltd. - 10 -

June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Figure 2 Pre-Clearing Nest Sweep Survey Results Along the Murphy Oil Company Ltd. Proposed Tupper Pipeline

Page 14 Murphy Oil Company Ltd. - 11 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates 3.2 BRITISH COLUMBIA LAND PARCEL Approximately 0.4 km of the proposed Tupper Pipeline within BC, located within b&c-7-A/93-P-9 is scheduled to be cleared in June 2008. A pre-clearing nest sweep survey for the BC portion of the proposed Tupper Pipeline scheduled for clearing was conducted on June 8, 2008 by Warren Fleming of Golder Associates and Beatrice Paton of Saulteau First Nation. Two yellow warbler nests with eggs were observed within the area to be cleared (Table 4, Figure 2). Table 5 summarizes all birds observed exhibiting breeding bird territorial behaviour (singing) within the area to be cleared. Although nests were not observed for all of these individuals, it is likely that nests are present but

were not located. Table 4 Breeding Bird Nest Locations within the British Columbia Parcel
Waypoint location (WGS 84) Tupper Pipeline Kilometer Marker Easting Northing Species Observed Notes Flagging Recommendations km 4 +~500 m 684153 6154704 yellow warbler nest with eggs found 10 m diameter circle was flagged using yellow flagging tape km 4 + ~620 m

684179 6154608 yellow warbler nest with eggs found 10 m diameter circle was flagged using yellow flagging tape 1. Nests occur along a straight stretch of the RoW. Extension of an existing planned bore to be investigated. A 30 m buffer on either side of the nests should be maintained if a bore is pursued. 2. If a bore under the nests is not feasible, clearing will be deferred for 2-3 weeks and the area will be re-surveyed for nests. Clearing can commence once nests are deemed in-active (P. Gregoire, pers. comm., 2008).

Page 15 Murphy Oil Company Ltd. - 12 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey

08-1372-0021 Golder Associates Table 5 Breeding Bird Species Observed within the British Columbia Parcel Area to be Cleared Date Species Observed yellow warbler chipping sparrow least flycatcher hairy woodpecker black and white warbler Lincoln’s sparrow western wood-peewee American redstart white-throated sparrow June 8, 2008 rose-breasted grosbeak

Page 16 Murphy Oil Company Ltd. - 13 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

4 DISCUSSION AND RECOMMENDATIONS
The Migratory Birds Convection Act prohibits the disruption “of migratory birds or the damaging, destroying, removing or disturbing of nests” (ASRD 2007). Primary mitigation for compliance with the act is to conduct clearing outside of the migratory bird nesting window (typically May 1 to July 31, ASRD 2007). If clearing during the migratory bird nesting window cannot be avoided due diligence must be shown that precautions are taken to not disturb or destroy an active nest (P. Gregoire, pers. comm.). Twelve active nesting sites and three probable nesting sites were observed on the Alberta parcel of the proposed Tupper Pipeline. Additionally, two active nests were found on the British Columbia parcel. As such, Golder has the following recommendations, based on personal communications with Paul Gregoire (Environment Canada, Canadian Wildlife Service), Dave Stepnisky (Alberta Sustainable Resource Development, Fish and Wildlife) and the Tupper Pipeline construction team: • Where clearing cannot be delayed until July 31, 2008, recommend that a biologist complete a second pre-clearing nest sweep in the areas to be cleared. Given the time required for nest incubation and fledging of young, the existing nests may be in-active at that time. Clearing could then commence if the active nests are deemed inactive and no new active nests are located. Follow-up pre-clearing nest sweep surveys can than be conducted on a weekly basis until all nests are in-active and clearing of the remaining forested areas can proceed. Relevant reporting of follow-up pre-clearing nest sweep surveys will be submitted to the NEB and CWS to meet Approval Condition 6.

• If clearing must occur immediately, a 30 m buffer around all active songbird nests and 100 m around raptor nests (including the red-tailed hawk nest) must be maintained. A bore under the active nests within the BC land parcel should be investigated. Boring under these nests should also maintain the 30 m buffer.

Page 17 Murphy Oil Company Ltd. - 14 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

5 CLOSURE
We trust the above meets your present requirements. If you have any questions or require additional details, please contact the undersigned. GOLDER ASSOCIATES LTD. Report prepared by: Report reviewed by: Brandi Hall, B.Sc. Corey De La Mare, B.Sc., P. Biol. Terrestrial Biologist Senior Biologist, Associate Paula Bentham, M.Sc., P.Biol. Senior Wildlife Biologist

Page 18 Murphy Oil Company Ltd. - 15 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates

6 REFERENCES
Alberta Sustainable Resource Development (ASRD). 2007. Wildlife Guidelines for Land Use Activities in the Smoky Area. Canadian Pipeline Environment Committee (CPEC). 2004. The Pipeline Industry and the Migratory Birds Convention Act. TERA Environmental Consultants (TERA). 2007. Murphy Oil Company Ltd. Application to the National Energy Board Pursuant to Sections 58 of the National Energy Board Act for the Tupper Pipeline. Prepared for: Murphy Oil Company Ltd., Calgary, AB. Prepared by: TERA Environmental Consultants, Calgary, AB. Personal Communication Paul Gregoire, Canadian Wildlife Service, Prairies Region. Personal Communication with Paula Bentham (Golder Associates) on April 27, 2007 and June 9, 2008.

Page 19 APPENDIX 1

2008 PRE-CLEARING NEST SWEEP SURVEY PHOTOS

Page 20 Murphy Oil Company Ltd. A1:1 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Photo 1 Probable least flycatcher on nest, approx. km 13 + 800 metres. Photo 2 Black-capped chickadee nest cavity, at corner, distance 14km + 405 metres.

Page 21 Murphy Oil Company Ltd. A1:2 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Photo 3 Yellow warbler nest at distance 14km + 700 metres. Photo 4 Spotted sandpiper nest scrape, on existing RoW within 5 metres of edge.

Approx. distance 13km + 550 metres.

Page 22 Murphy Oil Company Ltd. A1:3 June 2008 Tupper Pipeline / Pre-Clearing Nest Sweep Survey 08-1372-0021 Golder Associates Photo 5 From same location as photo 4, looking approximately north toward existing station. Photo 6 Yellow-bellied sapsucker nest cavity, at corner, distance approx. 16km + 225 metres.

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