WRITTEN EVIDENCE of the Copetown Landowners Group

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1 NATIONAL ENERGY BOARD IN THE MATTER OF the National Energy Board Act, R.S.C. 1985, c. N-7, as amended, and the Regulations made thereunder; AND IN THE MATTER OF an application by Enbridge Pipelines Inc. for the Line 10 Westover Segment Replacement Project; AND IN THE MATTER OF Hearing Order OH and NEB File No. OF-Fac-Oil-E WRITTEN EVIDENCE of the Copetown Landowners Group 1. The Copetown Landowners Group ( CLG ) consists of landowners whose properties are situated on or near the route deviation proposed by Enbridge Pipelines Inc. ( Enbridge ) for its Line 10 Westover Segment Replacement Pipeline in the Copetown, Ontario area. The proposed deviation would avoid Enbridge s existing Line 10 and Line 11 pipeline corridor that runs through two area golf courses. 2. CLG members own properties in four locations directly affected by the proposed route deviation: Landowner(s) Property Address Property Identifier Number(s) Ontario Inc. (Gowland Farms) Andrew Guiducci and Julia Guiducci John Neeb and Terri Neeb Sian McGregor nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON 2525 Governors Rd., RR2, Lynden, ON 2532 Governors Rd., RR2, Lynden, ON LT LT LT LT LT 3. Other CLG members own residential properties in the close vicinity of the proposed route deviation: Landowner(s) Kelly Van Heurn and Tom Van Heurn Property Address 150 Orkney Road, Lynden, ON

2 CLG Written Evidence June 20, Paul Fiorentino and Martha Fiorentino Ian Flatt and Evelyn Flatt Ron Thomson and Nellie Thomson Eric Schmidt and Anne Schmidt Mark Crowther and Roberta Crowther Jean Griffin and Patrick Griffin nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON nd Conc. Rd. W., RR1, Lynden, ON 4. No CLG members own lands located along the existing Enbridge Line 10 and Line 11 corridor. 5. CLG s members are opposed to Enbridge s proposed route deviation in their area and will request that the NEB reject the proposed route deviation. The NEB should only approve Enbridge s Line 10 Westover Segment Replacement Project on the basis that it must follow Enbridge s existing Line 10 and Line 11 corridor in the Copetown area. 6. Enbridge has an existing, long-established corridor for its Line 10 and Line 11 pipelines and is capable of installing and operating its proposed Line 10 replacement pipeline in or along the same corridor. Use of the proposed deviation route in the Copetown area will result in unwarranted and unjustifiable negative environmental and socio-economic impacts. 7. Enbridge has also requested that its project be exempt from the requirement to file a Plan, Profile and Book of Reference so as to deprive landowners affected by the project of the right to require detailed route hearings Enbridge has confirmed that it is seeking an order of the NEB in the current hearing process approving the final detailed route for its project. 8. CLG opposes Enbridge s exemption request and opposes Enbridge s request that the NEB approve the final detailed route for its project on the basis of its Section 58 Application to the NEB. 9. If the NEB decides to approve the general route of the proposed Line 10 replacement pipeline with the route deviation in the Copetown area, CLG will request in the alternative that the NEB reject Enbridge s exemption request so that CLG landowners will have the opportunity to require detailed route hearings for their properties for the determination of the best possible detailed route of the pipeline and the most appropriate methods and timing of construction of the pipeline.

3 CLG Written Evidence June 20, CLG applied for and received an award of participant funding for this hearing process. However, the participant funding award is not sufficient to cover CLG s anticipated legal and expert consultant costs. In contrast, landowners may be reimbursed for their actual costs reasonably incurred in connection with a detailed route hearing. Enbridge Route Deviation 11. Since filing its Section 58 Application with the NEB in December, 2015, Enbridge has made multiple changes to its proposed route for the Line 10 replacement pipeline. CLG understands the currently proposed route to be the one set out in the mapping provided by Enbridge dated April 29, Excerpts from Enbridge Route Map dated April 29, 2016 Attachment When Enbridge disclosed that it had made changes to its proposed route in its Additional Evidence filing on April 18, 2016, CLG s counsel wrote to counsel for Enbridge to request that updated Environmental Alignment Sheets be provided. To date, no updated Alignment Sheets have been provided to CLG or filed with the NEB. 13. Enbridge is proposing to construct a 20 inch diameter oil pipeline through and near CLG member properties within a permanent 10 metre wide easement. To CLG s understanding, there are currently no pipeline easements crossing these properties. 14. The 10 metre wide permanent easement proposed by Enbridge is designed to accommodate the Line 10 replacement pipeline and future pipelines that may be proposed by Enbridge. Enbridge has already replaced a segment of its Line 11 pipeline. If the route deviation in the Copetown area is approved by the NEB and a new Enbridge pipeline corridor is established, any future Enbridge pipeline, including any Line 11 replacement pipeline, will follow the new corridor in the Copetown area. 15. The form of easement agreement proposed by Enbridge for this project provides for multiple pipelines to be installed and operated within the proposed permanent easement, and provides that Enbridge will have a right of ingress and egress over the entire property affected by the easement. 16. In the proposed easement agreement, Enbridge also reserves to itself sole discretion over the disposition of any pipeline that is removed from service. Enbridge would have the contractual option to release its easement and walk away from any pipeline it has installed.

4 CLG Written Evidence June 20, In addition to the 10 metre wide permanent easement being proposed by Enbridge for the CLG properties for the Line 10 replacement pipeline (and the associated temporary work space during the construction period), CLG properties would also be subject to the restrictions imposed by Section 112 of the NEB Act that go beyond the boundary of the pipeline easement. The restricted area has measured 30 metres (100 feet) from the edge of the easement and may extend beyond the boundaries of the properties on which the actual easement is located. 18. If the route deviation is approved, all CLG landowners and their properties will be negatively affected by Enbridge s construction and operation of its Line 10 replacement pipeline both now and into the future. The negative impacts of pipeline construction and operation on residences and on agricultural operations are well-established and identified and acknowledged by Enbridge in its application and evidence. Gowland Farms Property Tracts 23 and Gowland Farms owns the two parcels of land designated by Enbridge as Tracts 23 and 24 for its project. The parcels comprise a farm measuring about 200 acres in size that was purchased by Gowland Farms in or about Excerpt from Enbridge Section 87 Notice (Map) Attachment 2 The farm has an extensive systematic tile drainage system (composed mainly of clay tile) and irrigation system. The farm was previously owned by Gordon Forth Farms Limited and was used for the production of broccoli under the brand name, Barry Brand Iced Broccoli. 21. Aerial Photograph of farm showing tile runs Attachment 3 Clay Tile System Drawing Attachment 4 Photographs of farm showing proposed pipeline route Attachment 5 Barry Brand Iced Broccoli Trademark Information Attachment 6 Although Gowland Farms is currently growing corn on the property, the farm is capable of producing premium value vegetable crops such as broccoli. Gowland Farms will consider returning to the production of vegetable crops on the property in the future. All of the buildings and infrastructure used by Gordon Forth Farms Limited for broccoli production remain in place. 22. At present there is no pipeline crossing the Gowland Farms property. Enbridge proposes to install and operate its Line 10 replacement pipeline on a diagonal line through the middle of the farm. The proposed construction and establishment of the pipeline will

5 CLG Written Evidence June 20, irreparably disturb the tile drainage and irrigation system on the property and will permanently impair the soils and their productivity. 23. Gowland Farms also rents the cultivated land owned by Hydro One Networks Inc. ( HONI ) adjacent to the Gowland Farms property on the east side (designated as Tract 22 by Enbridge). Enbridge s proposed route deviation crosses that farm as well. In addition to HONI s transmission towers and lines, there are three gas pipelines located on that property that would be crossed by Enbridge s Line 10 replacement pipeline. HONI Parcel Register for Tract 22 Property Attachment 7 PIN Map showing HONI property and adjacent properties Attachment 8 PIN Map showing intersection of adjacent affected properties Attachment 9 Drainage Diagram showing intersection of affected properties Attachment 10 Guiducci Property Tract Andrew and Julia Guiducci own the property designated as Tract 27 for its project. They purchased the 103-acre property in 2011 through their company and are currently building a house on the property where they will reside. 25. Enbridge s originally proposed deviation route ran directly through the west side of the property, including the provincially significant wetland located on the property. 26. Original Enbridge Section 87 Notice Attachment 11 Enbridge recently changed its proposed route so as to cross the wetland primarily on the properties located to the west of the Guiducci property. However, the Line 10 replacement pipeline would still run through the front of the Guiducci property and immediately adjacent to its west boundary. The proposed route still runs through the centre of the same wetland that is located on the Guiducci property. 27. Revised Enbridge Section 87 Notice Attachment 12 PIN Map showing Guiducci Property Attachment 13 Guiducci Property Photographs Attachment 14 Guiducci Ducks Unlimited Wetland Project Map Updated Attachment 15 Grand Valley Conservation Authority Map Attachment 16 The proposed route will run through the hazelnut tree field planted at the front of the Guiducci property. This is a test plot as future expansion is being considered. It takes five years to reach hazelnut production; the currently planted trees are in the third year. Pipeline construction through this area will set back these plans. 28. There is also tile drainage located on the property that will be affected by any pipeline construction and operation.

6 CLG Written Evidence June 20, Andrew Guiducci first learned of Enbridge s proposed project in the summer of 2013 and attended Enbridge open houses related to the project. He expressed his concerns about the proposed route deviation to Enbridge personnel, including at the August, 2013 open house. At that time, Enbridge personnel advised Andrew Guiducci that, in spite of Enbridge s project mapping that showed the route deviation in the Copetown area, Enbridge s primary option for the Line 10 replacement pipeline was to horizontal bore it through the two golf courses (Copetown Woods and Flamborough Hills) adjacent to the existing Line 10 and Line 11 corridor. 30. Andrew Guiducci August 12, 2013 Letter Attachment 17 Hamilton Spectator Article dated August 29, 2013 Attachment 18 The owner of the Copetown Woods golf course also supported the routing of the Line 10 replacement pipeline along the existing corridor through the golf course. 31. In 2015, Enbridge s land agent, Glen Beach, was still telling Andrew Guiducci that Enbridge s primary option for the Line 10 replacement pipeline was to follow the existing Line 10 and Line 11 corridor through the two golf courses. 32. Andrew Guiducci June 29, Correspondence Attachment 19 However, following discussions with Glen Beach in the summer of 2015, Andrew and Julia Guiducci were served with a Section 87 Notice by Enbridge that confirmed that Enbridge s true plan was to install its Line 10 replacement pipeline following the route deviation around the golf courses and through the Guiducci property. Neeb Property Tract John and Terri Neeb own the 67-acre property designated by Enbridge as Tract 34 for its project. They purchased the property in Enbridge Section 87 Notice Attachment 20 PIN Map showing Neeb Property Attachment 21 The Neebs residence is located on the property. They have previously grown vegetables on the farm, including potatoes, but currently grow corn and soybeans. The cultivation of premium value vegetable crops remains an option. 35. Due to the location of the property, surface water from nearly 200 acres of land, including the land surrounding the Neeb property, drains through the Neeb property. A series of tile drains and grassed waterways have been developed to provide for this drainage.

7 CLG Written Evidence June 20, Neeb Soil Sampling Map Attachment 22 Neeb Drainage Diagram Attachment 23 Enbridge has proposed to install its Line 10 replacement pipeline right through the middle of the Neeb farm, which will irreparably disturb the drainage system on the property and will permanently impair the soils and their productivity. 37. Photos of Neeb Property Attachment 24 Due to the configuration of the farm, construction by Enbridge will also cut off access to some of the fields. McGregor Property Tract Sian McGregor owns the property designated by Enbridge as Tract 36 for its project. She purchased the property in 2002 and lives there with her family. The McGregor property is located on the south side of Governor s Road directly across from the Neeb property. 39. Original Enbridge Section 87 Notice Attachment 25 Revised Enbridge Section 87 Notice Attachment 26 PIN Map showing McGregor property Attachment 27 Sian McGregor has plans to develop a landscape construction and nursery stock business on the property. Presently, the cultivated land on the property is rented by John Neeb for cash crop production. 40. Photographs of McGregor Property Attachment 28 Enbridge construction will cut off access to the two west fields on the McGregor property, and will irreparably disturb the drainage system (clay tile) on the property and permanently impair the soils and their productivity. 41. McGregor Farm soil map Attachment 29 There is also a provincially significant wetland located on the McGregor property directly adjacent to Enbridge s proposed deviation route. Grand Valley Conservation Authority Map Attachment 30 Golf Course Impacts 42. Enbridge has proposed to install and operate its Line 10 replacement pipeline through the CLG properties in order to avoid using its existing Line 10 and Line 11 corridor through the two Copetown-area golf courses: Copetown Woods Golf Course and Flamborough Hills Golf Course. CLG understands that Enbridge s primary reason for

8 CLG Written Evidence June 20, avoiding the existing corridor is that construction through the existing corridor will be more expensive than construction along the route deviation. 43. However, the environmental and socio-economic impacts of construction along the existing corridor through the golf courses will be significantly less than the impacts associated with construction and operation of the Line 10 replacement pipeline on the route deviation through the CLG properties and other affected properties. 44. Enbridge has extensive experience in constructing and operating oil pipelines through golf courses, including Line 10 and Line 11 through the Copetown Woods and Flamborough Hills golf courses. Enbridge has on several recent projects submitted environmental assessments and mitigation plans to the NEB dealing specifically with the mitigation of impacts of pipeline construction and operation on golf courses. 45. Excerpts from Terrace Phase I ESEIA Attachment 31 Excerpts from Terrace Phase I As-Built Env. Report Attachment 32 Excerpts from Alberta Clipper ESA Attachment 33 Excerpts from Alberta Clipper EPP Attachment 34 Excerpts from Edmonton to Hardisty ESA Attachment 35 Enbridge already has easement agreements providing permanent easement rights for multiple pipelines on the two golf course properties. The Flamborough Hills golf course was developed in the early 1960s around the time that Enbridge (the then Interprovincial Pipe Line Company) developed its Line 10 pipeline. The easement agreement for the Flamborough Hills property was modified from the standard form to specify that compensation would be payable for damages related to golf course facilities. 46. The Flamborough Hills golf course was already in place when Enbridge (the then Interprovincial Pipe Line Company) planned and constructed its Line 11 pipeline through the property in the early 1970s. 47. The Copetown Woods golf course was constructed after both the Line 10 and Line 11 pipelines were already in place. The golf course was specifically designed to accommodate the Enbridge pipelines as well as the HONI transmission corridor and the three adjacent gas pipelines. 48. The golf course is owned by and was developed by Gordon Forth, the former owner of the Gowland Farms property. He formerly grew broccoli on the farm where the golf course is now located, but developed the golf course there because it was challenging to

9 CLG Written Evidence June 20, grow broccoli and vegetables on the property due to soil conditions (in contrast to the Gowland Farms property where vegetables continued to be grown). Copetown Woods Golf Course History from Website Attachment Enbridge has sufficient room within its existing permanent easement through the golf courses for the installation of its proposed Line 10 replacement pipeline. Enbridge has the necessary easement rights to remove the existing Line 10 pipeline and replace it in the same location. Alternatively, Enbridge can install the replacement Line 10 pipeline within the 6.1 metre area between Line 11 and the eastern edge of Enbridge s easement. 50. If the replacement Line 11 pipeline is located 3 metres away from Line 11 (which is the same separation distance that exists between Line 10 and Line 11 currently), there will be the same amount of space between the replacement Line 10 and the eastern edge of the easement as there is between the existing Line 10 and the western edge of the easement. It is apparent that Enbridge (then Interprovincial Pipe Line Company) designed the Line 10 and Line 11 corridor to accommodate a third pipeline on the western side of Line 11 in the area of the two golf course properties. 51. To the extent that additional permanent easement is required for the Line 10 replacement pipeline, Enbridge can take that additional easement from the golf course properties. 52. To the extent that Enbridge chooses to avoid open trench construction on the golf course properties (although that was the method used for construction of the existing Line 10 and Line 11 pipelines, and was the method of construction used by Enbridge on the recent projects for which golf course environmental assessments and mitigation plans were submitted to the NEB), Enbridge is capable of horizontally boring or horizontally direct drilling ( HDD ) the line through the golf courses. 53. To the extent that Enbridge wishes to avoid the impact of HDD on the properties that lie to the north of the Copetown Woods golf course and to the south of the Flamborough Hills golf course, the areas to be used for the HDD can be restricted to the golf course properties themselves. 54. For the Copetown Woods golf course, lands to be used for any HDD construction would be restricted to the south side of the 2 nd Concession Road West. Any part of the Line 10 replacement pipeline that cannot be installed through HDD can be installed using the traditional open trench method.

10 CLG Written Evidence June 20, PIN Map showing Enbridge crossing of 2 nd Conc. Rd. W. Attachment 37 For the Flamborough Hills golf course, lands to be used for any HDD construction would be restricted to the north side of the CNR tracks. Alternatively, the Line 10 replacement pipeline south of the CNR tracks (which form the southern boundary of the Flamborough Hills golf course property) could be re-routed slightly to the west to avoid any impact on the residential house and workshop that are located directly adjacent to the existing Line 10 and Line 11 corridor. There is sufficient room to the west and possibly to the east of the existing corridor in which Enbridge can construct its proposed pipeline. 56. Enbridge Line 10 Operation and Maintenance Notification Attachment 38 Also, it is not likely that the construction of the Line 10 replacement pipeline through the golf courses (whether by open trench, boring or HDD) will have any significant impact on the golf course properties or their operations. 57. There are already two Enbridge pipelines located within the golf courses and the courses have been designed to accommodate those pipelines. 58. Flamborough Hills consists of three 9-hole courses and even if construction took place during the golfing season, no fewer than 11 holes and the driving range could remain open for use. 59. Flamborough Hills Course Layout from Facebook Page Attachment 39 Copetown Woods was constructed after Line 10 and Line 11 were already in place, and its course accommodates the pipeline corridor. TransCanada has as recently as 2005 undertaken work through the golf course and filed impact mitigation information with the NEB. 60. Golf Course Planning Documentation submitted to City of Hamilton Attachment 40 TransCanada 2005 Cathodic Protection Program Attachment 41 In any event, Enbridge is proposing late Fall and Winter construction as it has done in previous projects to avoid conflict with golf course operations entirely. There appears to be no reason why the same mitigation measures cannot mitigate impacts to the golf courses from Enbridge s proposed Line 10 replacement pipeline.

11 CLG Written Evidence June 20, Collins Farm Produce 61. In its alternative route analysis narrative for the Copetown area, Enbridge has suggested that the route deviation is necessary not only to avoid the golf courses, but also to avoid negative impacts on the nearby Collins Farm Produce operation. 62. However, it does not appear that installation of the Line 10 replacement pipeline along the existing Line 10 and Line 11 corridor through the Collins Farm Produce property (owned by J. Collins & Sons Limited and Charles John Collins, which is designated by Enbridge as Tract 18 for its project) would have any significant impact on the Collins Farm Produce property or business. The property appears to be used mainly for the production of soybeans, not vegetable crops. 63. Photos showing Enbridge easement through Collins Farm Produce Attachment 42 PIN Map showing Collins Farm Produce property Attachment 43 Rather than following the existing Line 10 and Line 11 corridor that runs almost entirely on a straight line down the side of the property, Enbridge has proposed to veer off on a diagonal line across the Collins Farm Produce property. The route deviation then crosses over into the property owned by Joseph Betzner and Terry Betzner (designated by Enbridge as Tract 21 for its project). From there, the route deviation crosses the HONI property through to the Gowland Farms property. 64. PIN Map showing Betzner property Attachment 44 As with the golf course properties, Enbridge already has permanent easement rights to install multiple pipelines on the Collins Farm Produce and Betzner properties. 65. Parcel Register for Collins Farm Produce property Attachment 45 Enbridge Easement Agreement for Collins Farm Produce property Attachment 46 Parcel Register for Betzner property Attachment 47 Enbridge has also obtained option agreements for the Collins Farm Produce and Betzner properties for the Line 10 Replacement pipeline. 66. Notice of Enbridge Option for Collins Farm Produce Property Attachment 48 Notice of Enbridge Option for Betzner property Attachment 49 Enbridge can construct and operate its Line 10 replacement pipeline within or immediately adjacent to the existing Line 10 and Line 11 corridor on the Collins Farm Produce and Betzner properties.

12 CLG Written Evidence June 20, Alternatively, if a route deviation on the Collins Farm Produce property is necessary to mitigate project impacts on the Collins Farm Produce property and business, Enbridge can restrict its route deviation to that property. Rather than veering westward toward the Betzner, HONI and Gowland Farms properties, Enbridge s Line 10 replacement pipeline can be routed back eastward to the existing Line 10 and Line 11 corridor. OEB Guidelines for Construction 68. Rather than proposing to construct its Line 10 replacement pipeline along the existing and previously disturbed Line 10 and Line 11 corridor in the Copetown area, Enbridge proposes to install and operate its new pipeline through prime agricultural lands, including the CLG properties, where there are no pipelines currently in place. 69. Enbridge s proposal is contrary to the Environmental Guidelines for the Location, Construction and Operation of Hydrocarbon Pipelines and Facilities in Ontario, which provide at Section 4.3.5: (a) (b) (c) (d) The disruption of farmlands by pipelines and related facilities should be minimized. Accordingly, the use of the lowest capability agricultural land is preferred. Pipeline and facilities siting should avoid disruption of prime agricultural lands. If it is essential that the route or site traverse prime agricultural lands, all reasonable efforts to parallel property lines and other rights-of-way should be made. Diagonal field severance should be avoided. Environmental Guidelines, 2011 Attachment 50 Greenbelt Plan Enbridge s proposed route deviation is also contrary to Ontario s Greenbelt Plan, which applies to the Copetown area. 71. Section of the Greenbelt Plan 2005 provides that, for lands falling within the Protected Countryside, the location and construction of infrastructure and expansions, operations and maintenance are subject to:

13 CLG Written Evidence June 20, (a) (b) (c) Planning, design and construction practices shall minimize, wherever possible, the amount of the Greenbelt, and particularly the Natural Heritage System, traversed and/or occupied by such infrastructure. Where practicable, existing capacity and coordination with different infrastructure services is optimized so that the rural and existing character of the Protected Countryside and the overall urban structure for southern Ontario established by Greenbelt and any provincial growth management initiatives are supported and reinforced. New or expanding infrastructure shall avoid key natural heritage features or key hydrologic features unless need has been demonstrated and it has been established that there is no reasonable alternative. Greenbelt Plan 2005 Attachment Enbridge has indicated that its project includes route deviations totaling 13 km in length. Whereas its current Line 10 pipeline runs approximately 32 km in length in a single corridor, Enbridge s project as proposed would result in a total length of 45 km in multiple connected corridors. 73. And Enbridge s proposed route deviation in the Copetown area is designed to run directly through or directly adjacent to multiple provincially significant wetlands and other natural heritage systems. 74. Enbridge s route deviations for its Line 10 replacement pipeline project would result in the unnecessary and wasteful creation of a third major utility corridor in the Copetown area (in addition to the existing Enbridge corridor and the HONI/gas pipeline corridor). 75. In contrast, Enbridge s environmental assessment in support of its recent Line 11 replacement pipeline project found that the best option was to follow Enbridge s existing Line 10 and Line 11 corridor. Enbridge Line 11 ESA Attachment Jim Harris, the owner of the Knollwood Golf Course, an intervenor in the NEB hearing process, made a presentation to the City of Hamilton Council opposing the creation of new corridors by Enbridge in contravention of the Greenbelt Plan. As requested, the City of Hamilton has filed a letter with the NEB stating its opposition to the creation of a new corridor.

14 CLG Written Evidence June 20, Minutes of Presentations to City of Hamilton Council Attachment 53 City of Hamilton Report PED15208/LS15036) Attachment 54 Mr. Harris has had much recent experience with Enbridge construction operations through his golf course. A few years ago, Enbridge conducted a series of pipeline maintenance digs on the Knollwood Golf Course property and had in place agreements with the golf course concerning the mitigation of impacts. Enbridge Letter to NEB re maintenance operations Attachment 55 Additional CLG Written Evidence 78. In addition to the written evidence above, CLG will be filing with the NEB expert written evidence prepared by the firm of Hardy Stevenson and Associates with respect to routing of the proposed Enbridge Line 10 replacement pipeline. 79. CLG also reserves its right to file additional written evidence in respect of any further information request responses provided by Enbridge in connection with CLG s pending motion or any further evidence filed by Enbridge, as permitted by the NEB.