Murphy Buffer For Birds

FINAL REPORT
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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
Page 2
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June 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-of-
Way 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.
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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
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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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June 2008
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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, pre-
clearing 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.
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Figure 1
Location of the Murphy Oil Company Ltd. Proposed Tupper Pipeline

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1.2
RATIONALE
Golder Associates Ltd. (Golder) was retained by Murphy Oil to conduct pre-
clearing 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.
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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.
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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.
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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
was flagged using
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)
was flagged using
km 14 + ~700 m
312178
6149301
yellow warbler
a nest with three
eggs was found
with a female
observed close-
by (see photo 3)
was flagged using
km 15 + ~650 m
313121
6149262
white throated
sparrow
pair flushed from
ground, nest site
but nest could
not be located
was flagged using
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)
was flagged using
km 16 + 415 m
313728
6148969
white throated
sparrow
pair was flushed
from the ground,
however the nest
was not located
was flagged using
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. Clear with a 30m
buffer around all
songbird nests and
100 m buffer around
raptor nests (P.
Gregoire, pers.
comm., 2008)
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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
white-
throated
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
white-
throated
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)
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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
Lincoln’s sparrow
black-capped chickadee
Baltimore oriole
hairy woodpecker
American redstart
mourning warbler
yellow-rumped warbler
June 7, 2008
Wilson’s warbler
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Figure 2
Pre-Clearing Nest Sweep Survey Results Along the Murphy Oil
Company Ltd. Proposed Tupper Pipeline
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June 2008
08-1372-0021
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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).
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June 2008

08-1372-0021
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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
June 8, 2008
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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.
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June 2008
08-1372-0021
Golder Associates
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

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June 2008
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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
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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
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June 2008
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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
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June 2008
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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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FINAL REPORT

2008 PRE-CLEARING NEST SWEEP SURVEY

MURPHY OIL COMPANY LTD. TUPPER PIPELINE

Murphy Oil Company Ltd.

1700, 555 – 4 Avenue SW

Golder Associates Ltd.

300, 10525 – 170 Street

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

National Energy Board’s Order XG-M267-03-2008, Approval Condition 6.

or the damaging, destroying, removing or disturbing of nests” (ASRD 2007).

active migratory bird nest (P. Gregoire, pers. comm.).

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;

weeks and have a biologist complete a second pre-clearing nest sweep.

and no new nests are located.

• if clearing must occur immediately, a 30 m buffer around all active

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.

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

ALBERTA LAND PARCEL ..............................................................................................6

BRITISH COLUMBIA LAND

4 DISCUSSION AND RECOMMENDATIONS .............................................................

Breeding Bird Nest Locations within the Alberta Parcel ..........................................7

Probable Breeding Bird Nest Locations within the Alberta Parcel...........................8

Breeding Bird Species Observed within the Alberta Parcel Area to be

Ltd. Proposed Tupper Pipeline ..............................................................................10

APPENDIX 1 2008 Pre-clearing Nest Sweep Survey Photos

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

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).

proposed route traverses approximately 0.4 km of Crown land in BC (One Island

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

MBCA, it is prohibited to disturb migratory birds or to damage, destroy, remove or

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

commitment is to conduct clearing outside of the migratory bird nesting window

clearing 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

6 – 8, 2008 with clearing scheduled to begin on June 11, 2008.

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

Location of the Murphy Oil Company Ltd. Proposed Tupper Pipeline

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

Tupper Pipeline / Pre-Clearing Nest Sweep Survey

recorded, including singing males. In addition, general survey notes, incidental

wildlife observations and photo numbers were recorded.

Tupper Pipeline / Pre-Clearing Nest Sweep Survey