Defining Significant Water Crossings and

Sensitive Areas
In Response to the Proposed Energy East Pipeline

A DRAFT Report Prepared For: Common Voice Northwest, Energy East Task Force
Under the National Energy Board Participant Funding Program

April 21, 2017

349 Mooney Avenue

Thunder Bay, Ontario
Canada P7B 5L5
Business: (807) 345-5445
www.kbmrg.com
 Defining Significant Water Crossings and Sensitive Areas Common Voice Northwest

Executive Summary
The proposed Energy East pipeline consists largely of the conversion of an existing gas pipeline to transport
crude oil from Alberta and Saskatchewan to the refineries of Eastern Canada and a marine terminal in New
Brunswick. Because a significant portion of the pipeline already exists, the consolidated project application by
TransCanada and its assessment of effects was limited to new construction. TransCanada did not file
information about the hundreds of waterbodies crossed or in proximity to the converted pipeline, although a
pipeline failure could occur at any location along the pipeline route.
The scope of the review concerned Common Voice Northwest (CVNW), a not-for-profit organization that
researches public policy issues related to the economy of Northwestern Ontario. In April of 2016, CVNW
applied to obtain participant funding through the Participant Funding Program of the National Energy Board
to intervene in hearings on the Energy East Mainline project. The purpose of the review is to develop a NW
Ontario definition of s and identify sensitive areas to ensure proper safeguards for
these are in place, should the pipeline conversion be approved.
Feedback from a public engagement process carried out by KBM Resources Group in January 2017 included a
strongly-voiced response from some members of the public and participating interest groups that all water
was equally important and that it is not possible to rank some areas as more significant than others. We feel
it is important to reflect these concerns as they were voiced by participants. However, other viewpoints were
also represented and some participants did identify specific values in the public meeting forum and through
the online survey. The top three values of concern identified through public meetings and an online survey
were as follows:
1. Drinking water sources;
2. Fisheries and wildlife, especially species at risk; and,
3. Protected areas.
In addition to using public input, KBM reviewed available provincial data, conducted literature reviews and
interviewed local experts and stakeholders. This review suggests that several downstream areas have notable
and globally significant fisheries, including Lake Superior and all of its tributaries, as well as the Nipigon River.
Rivers with aquatic species at risk were also identified, including all those water bodies where critical lake
sturgeon habitat is found. Drinking water intakes for communities were also flagged as areas of high concern
ification of Major Water Crossings as well
as provincial protected areas were identified due to their regional significance or concentrations of values.
cant water
:
A significant water crossing is an area that is crossed by the pipeline and has downstream areas that:
1) Contain one or more of the key values identified during local public consultation
a. all community drinking water sources;
b. habitat for fish and wildlife, especially species at risk; and/or is
c. located in or upstream of a protected area.
3) Contain a concentration of values.
4) Are identified using standard methodology as an HSR (Highly Sensitive Receptor) due to one or more of
the following reasons:
a. populated area;

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 Defining Significant Water Crossings and Sensitive Areas Common Voice Northwest

b. commercially navigable waterway;

c. municipal drinking water intake (defined by number of residences served);
d. ecologically sensitive area.
analysis is a key input for identifying potentially
significant water crossings and sensitive areas. HSR are assessed and identified by the proponent, as per the
criteria listed above (e.g., populated area; commercially navigable waterway; municipal drinking water
intake; ecologically sensitive area).
Based on the available information from the consolidated application, KBM noted the following deficiencies
HSR assessment that may lead to questions about the credibility and thoroughness of the
HSR approach and analysis. These are as follows:
1. The criteria for Highly Sensitive Receptors (HSR) are too narrowly defined.
2. Only federal species at risk data was used in the assessment of HSR.
3. Only three unusually sensitive ecological HSR were identified in the 1,000+ km stretch of pipeline
from Hearst to the Manitoba border, crossing almost 400 streams and rivers:
o t in the TransCanada report are a) a rare plant
species not known to occur in Northwestern Ontario (white wood aster) and b) a
commercial fishery that is no longer operating (Nipigon Bay at Lake Superior).
4. The HSR analysis looks at values in isolation and does not consider concentrations of values.
While the HSR work submitted by TransCanada as part of its consolidated application may satisfy legal
requirements, we suggest it is not of sufficient depth to satisfy the public that all reasonable measures
have been taken to identify and ground-truth sensitive values to ensure that water and other significant
areas are appropriately protected.

approach to the identification of significant (major) water crossings and HSR:

1. TransCanada should make a summary list of all HSR (including operator-defined HSR) available to the
public as part of the consolidated application.
2.
data and assess occurrence and concentration of S1-S3 species.
3. TransCanada should include all protected areas (e.g., provincial parks and conservation reserves)
containing provincially significant values, rare plants, provincially listed species at risk and/or known
concentrations of values in its assessment of HSR.
4. TransCanada should review its assessment of commercial fisheries that could be affected by a
pipeline failure and provide a clearer rationale for why some, but not all, concentrations of
commercial fisheries are not included in the list of HSR (e.g., Lake Nipigon).
5. TransCanada should review the currency and credibility of data inputs to HSR assessment and
determination of MWC.
6. TransCanada should revisit the analysis of Major Water Crossings and shut-off valve siting following a
review to develop more inclusive HSR criteria as inputs to the valve siting optimization process.

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 Defining Significant Water Crossings and Sensitive Areas Common Voice Northwest

7. TransCanada should carry out a more detailed spatial analysis to identify areas or water crossings
with concentrations of values.
By aggregating information from community meetings, interviews, the online survey, and the HSR data
review and GIS exercise, KBM developed a list of regionally significant water crossings and other sensitive
values of interest in Northwestern Ontario that would be most directly and significantly impacted by a
pipeline failure and that require additional protection. This report details these findings.
The following locations were identified by participants and stakeholder groups as being areas of concern or
, based on the above criteria. It is not necessarily an exhaustive list, but provides a
starting point for a closer examination by TransCanada of risk to highly sensitive values along the NW Ontario
pipeline route that have not been sufficiently considered in the work submitted to date.
For example, TransCanada could review all stream locations that contain lake sturgeon populations or critical
habitat using provincial species at risk data and consider these for inclusion in list of HSR. Or alternatively,
provide a stronger rationale for why clearly sensitive values are not included or how they are protected.
Table 1. List of identified significant water crossings and sensitive areas.
Value/Crossing Rationale
All drinking water intakes As per community input all sources of drinking water are critical to
community well-being and represent a highly significant value.
TransCanada has identified municipal drinking water intakes as HSR.
Lake Superior and drainage basin Lake Superior and its tributaries are globally significant and home to many
overlapping values:
Drinking water for populated areas (e.g., Thunder Bay and Nipigon
water intakes)
Unique coaster brook trout population and other migratory fish that
travel and spawn in tributaries
Species at risk (lake sturgeon, shortjaw cisco)
Commercial fisheries
A concentration of shoreline recreational values along the coast
The Lake Superior National Marine Conservation Area
Provincial protected areas with These protected areas were designated as they contain concentrations of
concentrations of values, downstream of the values as follows:
pipeline, including: Part of the Lake Nipigon Basin Signature Site
1. Black Sturgeon River Provincial Park Species at risk (lake sturgeon)
2. Nipigon Palisades Conservation Reserve Species of management concern (northern brook lamprey)
3. Nipigon River Conservation Reserve Provincially rare plant species
World class trout fisheries
Native fisheries rehabilitation efforts1
Downstream drinking water intakes
World class recreational values
Nipigon River This river was identified as a Major Water Crossing by TransCanada. It
has very high regional significance for its many ecological, economic and
social values.
Lake Nipigon and any tributaries downstream Lake Nipigon contains:
of the pipeline

1
Black Bay & Black Sturgeon River Native Fisheries Rehabilitation. 2012. Ontario Ministry of Natural Resources and
Forestry. URL: https://dr6j45jk9xcmk.cloudfront.net/documents/2614/stdprod-101432.pdf

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 Defining Significant Water Crossings and Sensitive Areas Common Voice Northwest

Specially Designated Waters2

Pelicans and nesting colonies
Possible location of blackfin cisco population
Commercial fishery
World class recreational trout fishery
Blackwater River Drinking water source for Beardmore
Tributary to downstream Lake Nipigon
Critical habitat for aquatic species at risk The Great Lakes - Upper St. Lawrence River population of lake
sturgeon is provincially and federally threatened.
Critical habitat elements include: spawning areas, nursery areas,
overwintering areas, staging areas and the migration corridors
Dog/Kaministiqua River3 Provincially significant representation of a low gradient, strongly
meandering river with numerous well developed fluvial features such
as meander loops, oxbow lakes, meander scars and point bars.
Extensive and complex wetland communities provide
provincially significant moose habitat.
Significant walleye spawning habitat along the majority of the (Dog)
river length
Historically significant from fur trade
Lake sturgeon spawning area (Kaministiqua River)
Savanne River and Lac Des Mille Lacs Savanne River is main inflow to Lac Des Mille Lacs - a high watershed
that eventually feeds Kenora district via Seine River outflow
Complex shoreline habitats
Commercial walleye fishery
Specially Designated Waters
Regionally important socioeconomic value
English River White pine at the northern extent of its range, white elm and bur
oak, caribou habitat and calving locations
World class fisheries, including lake sturgeon
Archaeological sites
Historic travel corridor with significant tourism and recreational
attributes.
Winnipeg River This river was identified as a Major Water Crossing by TransCanada. It
has very high regional significance for its many ecological, economic and
social values.

Note:
A draft of this report was reviewed by the CVNW Energy East Task Force, edits suggested, and the draft
finalized by consensus. None of the technical or public input information was edited by the Task Force only
formatting and clarification of wording input was provided by the Task Force. Their input was designed to
ensure that the most comprehensive report was presented back to the region for review and further input.
The report is being distributed across the Northwest to participants and survey respondents who provided
email addresses to KBM. It will also be made available to the public through the KBM and CVNW web sites
with a request that it be reviewed and further input provided. Ultimately, the CVNW Energy East Task Force
in conjunction with the CVNW Board of Directors will finalize the report and submit it to the National Energy
Board.

2
Large, socially and economically important waters. URL:
https://dr6j45jk9xcmk.cloudfront.net/documents/2613/271145.pdf
3
http://files.ontario.ca/environment-and-energy/parks-and-protected-areas/mnr00_bcr0127.pdf