Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)

67 Where the construction or operation of the pipeline takes place within a waterbody, Foothills shall take such measures as are satisfactory to the designated officer to protect the quality of the water in that waterbody.

Air Quality

68 Where Foothills submits to the designated officer for his approval proposals for the design and location of a compressor station for the pipeline, Foothills shall include in the submission a description of the measures Foothills intends to implement

• (a) to control air pollution and to disperse and, where possible, reduce any ice fog resulting from the operation of the pipeline; and

• (b) to preserve the aesthetic value of the landscape in the vicinity of the pipeline.

69 Foothills shall, in the operation of a compressor station, take such measures as are satisfactory to the designated officer to minimize any adverse effects of air pollution and ice fog resulting from the operation of the pipeline on

• (a) the health or recreation of any person;

• (b) transportation; or

• (c) wildlife and wildlife habitat.

• 70 (1) Foothills shall, at each compressor station selected by the designated officer,

  • (a) sample and analyze air quality in the vicinity of that compressor station,

  • (b) sample and analyze gaseous emissions from the compressor station,

  • (c) measure precipitation, wind speed and direction and air mass stability in the vicinity of the compressor station, and

  • (d) record the quantity and type of fuel consumed by that compressor station

  by a method and at such times as are approved by the designated officer.

• (2) Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis and measurements referred to in paragraphs (1)(a) to (c) and the record of the quantity and type of fuel consumed referred to in paragraph (1)(d).

Noise

71 Foothills shall incorporate noise abatement devices in the design of any compressor station it installs for the pipeline.

72 Foothills shall, in the construction and operation of the pipeline, take such noise abatement measures as are satisfactory to the designated officer to minimize the disturbance by noise of

• (a) persons residing in the vicinity of the pipeline;

• (b) wildlife referred to in paragraph 74(a) in the areas of land and waterbodies during the periods of time described in the information referred to in section 74 in respect of such wildlife; and

• (c) livestock in the vicinity of the pipeline.

• 73 (1) Foothills shall, when requested by the designated officer and in a manner satisfactory to him, record noise levels caused by the operation of pipeline facilities and equipment and shall report, within a reasonable period of time, the noise levels so recorded to the designated officer.

• (2) Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs or is likely to disturb persons, wildlife or livestock referred to in section 72, Foothills shall take such remedial measures to lower that noise level as are satisfactory to the designated officer.

Wildlife

74 Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval information in respect of those areas of land and waterbodies in which, and the periods of time in respect of those areas and waterbodies during which, the construction or operation of the pipeline may

• (a) threaten the continued existence of significant wildlife populations; or

• (b) result in significant adverse effects on significant wildlife populations.

75 Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline and propose the location of the pipeline in such a manner that when the construction of the pipeline is being carried out the adverse impact on wildlife in any areas and during any periods of time in respect of those areas described in the information referred to in section 74 is minimized.

76 Foothills shall take such measures as are satisfactory to the designated officer

• (a) to prevent big game animals from being obstructed or entrapped by the construction of the pipeline; and

• (b) to ensure that the construction or operation of the pipeline does not unreasonably interfere with guiding and trapping in the vicinity of the pipeline.

• 77 (1) Foothills shall, from time to time during the construction of the pipeline, inspect those areas described in the information referred to in section 74 in which the continued existence of significant wildlife populations may be threatened.

• (2) Foothills shall, in carrying out an inspection referred to in subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on wildlife and shall, when requested by the designated officer, report to him the results of the evaluation.

78 Where, in the opinion of the designated officer,

• (a) the proposed location of the pipeline or the construction schedule of the pipeline referred to in section 75 is such that it does not minimize the adverse environmental impact on wildlife, or

• (b) the measures taken pursuant to paragraph 76(a) are ineffective,

Foothills shall take such remedial measures as are satisfactory to the designated officer.

Fisheries

• 79 (1) Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval information in respect of those areas of fish habitat in which, and the periods of time in respect of those areas during which, the construction or operation of the pipeline may threaten the continued existence of significant fish populations.

• (2) The areas referred to in subsection (1) shall include fish spawning grounds, significant overwintering areas and migration routes in waterbodies through which the pipeline passes.

• (3) The periods of time referred to in subsection (1) shall include those periods for the spawning, incubation, emergence, rearing and migration of fish.

80 Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline to ensure that when the construction of the pipeline is being carried out any adverse impact on the fish in any fish habitat and during any periods of time in respect of that habitat described in the information referred to in subsection 79(1) is minimized.

81 Where the pipeline or any facility is

• (a) scheduled to be constructed at a time, or

• (b) located at a place

that may be disruptive to fish and fish habitat, Foothills shall take such measures as are satisfactory to the designated officer to avoid or minimize, to the satisfaction of the designated officer, any adverse environmental effects on fish and fish habitat.

82 Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, fish and fish habitat against any adverse effect of any siltation, excavation of grandular materials, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes.

83 Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, obstruct fish migration by any blockage, diversion or prolonged acceleration of water flow.

84 Foothills shall take measures satisfactory to the designated officer to ensure that any culvert placed in a waterbody frequented by fish does not prevent the passage, during any period set out in the information referred to in subsection 79(1), of fish frequenting such waterbody.

85 Foothills shall take measures satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, commercial or sport fishing or adversely affect any fishing area in any area through which the pipeline passes.

• 86 (1) Foothills shall, in a manner satisfactory to the designated officer, inspect fish movements and fish habitat utilization during construction of the pipeline.

• (2) Foothills shall, in carrying out the inspection referred to in subsection (1), evaluate the effectiveness of

  • (a) the construction schedule referred to in section 80,

  • (b) the measures referred to in sections 81, 84 and 85, and

  • (c) the practices referred to in section 82,

  and shall, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results of the evaluation and of the inspection referred to in subsection (1).

87 Where, in the opinion of the designated officer, the measures referred to in section 81 or 84 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Special Interest Areas

• 88 (1) Foothills shall, in consultation with the government of the Province, identify each area of natural or cultural significance in the vicinity of the proposed route of the pipeline and shall propose a location of the pipeline that, insofar as possible, does not pass through that area.

• (2) Where the location referred to in subsection (1) of the pipeline is in an area identified under that subsection and the location of the pipeline has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect the natural and cultural values of that area.

89 Foothills shall obtain the approval of the designated officer before commencing construction of the pipeline within 30 m of a monument, archaeological site or burial ground.

90 Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to

• (a) identify and protect or excavate, salvage and investigate historical and archaeological sites, and

• (b) analyze historical, archaeological and associated palaeoecological materials

on land used for or disturbed by the construction of the pipeline.

91 Foothills shall provide, when requested by the designated officer, evidence satisfactory to the designated officer that any archaeological and related materials, field notes, plans and maps, photographs, analyses and other relevant documents collected during the archaeological program referred to in section 90 are retained at a place and under such arrangements as are approved by the government of the Province.

92 Foothills shall report immediately to the designated officer any discovery of a historical or archaeological site and shall not disturb the site without his prior approval.

• 93 (1) In constructing the pipeline, Foothills shall avoid, where practicable, disturbance of geodetic or legal survey monuments.

• (2) Where a geodetic monument is disturbed in the course of construction of the pipeline, Foothills shall report such disturbance forthwith to the designated officer.

• (3) Where a geodetic monument is disturbed, Foothills shall, at its expense and in accordance with the instructions of the Dominion Geodesist, cause the monument to be restored or re-established.

Agricultural Land

94 Foothills shall, when constructing the pipeline on land comprising part of an agricultural land reserve or grazing reserve, take into account the provisions set out in the document entitled “Terms and Conditions for Linear Development in Agricultural Land Reserves and Grazing Reserves” issued by the Ministry of Agriculture of the government of the Province.

95 Where topsoil on agricultural land is disturbed or removed during construction of the pipeline, Foothills shall take such measures as are satisfactory to the landowner or tenant, as soon as possible after the disturbance or removal, to stabilize the surface or replace such topsoil of such agricultural land and, to the extent possible, to return it to its previous level of fertility.

96 Where, as a consequence of the construction of the pipeline a fence or gate is damaged or destroyed by Foothills, Foothills shall, in consultation with the owner of the land on which the fence or gate is situated or the tenant thereof, repair or replace that fence or gate.

97 Where Foothills requires access to the pipeline for the purpose of maintenance through land that is fenced, Foothills shall, in consultation with the landowner or tenant, construct and maintain a gate in the fence for such access.

98 Where Foothills has stabilized the surface of agricultural land and to the extent possible returned it to its previous level of fertility pursuant to section 95, Foothills shall

• (a) inspect to the satisfaction of the landowner or tenant agricultural land that may have been or may be affected by the pipeline;

• (b) report forthwith to the designated officer any evidence of any adverse environmental impact on agricultural land; and

• (c) take such remedial measures as directed by the designated officer in respect of any agricultural land discovered by the inspection to be adversely affected by the pipeline.

Clearing

99 Foothills shall minimize to the satisfaction of the designated officer any adverse environmental impact of vegetation clearing operations by Foothills, including such impact on erosion-sensitive terrain.

100 Foothills shall, in respect of the construction of the pipeline,

• (a) clear vegetation from only those areas essential for the construction;

• (b) cut, stack and dispose of any merchantable timber cleared by Foothills in such manner as is satisfactory to the designated officer;

• (c) leave a buffer strip of undisturbed vegetation satisfactory to the designated officer

  • (i) between any area cleared by Foothills of vegetation and an adjacent waterbody, and

  • (ii) between any area cleared of vegetation and an adjacent road;

• (d) promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills; and

• (e) take such measures as are satisfactory to the designated officer to minimize windthrow in buffer strips.

• 101 (1) Foothills shall, when clearing any area for construction, take measures to minimize to the satisfaction of the designated officer the operation of any machinery along or across any permanent or intermittent river or stream channel.

• (2) Foothills shall not skid any logs along or across any unfrozen permanent river or stream channel or along any unfrozen intermittent stream channel.

102 Foothills shall dispose of any debris resulting from the clearing of vegetation by Foothills in such manner as is satisfactory to the designated officer.

103 Foothills shall not pile any debris resulting from the construction of the pipeline in a manner that creates a continuous barrier to big game animal movements.

Fuel and Other Hazardous Material

104 Foothills shall

• (a) establish procedures satisfactory to the designated officer to minimize the possibility of an accident occurring during the storage, handling and use of fuel or any other hazardous material;

• (b) locate, in a manner satisfactory to the designated officer, storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody described in the information referred to in section 74, any fish habitat described in the information referred to in subsection 79(1) or any important fish harvesting area; and

• (c) establish procedures satisfactory to the designated officer to contain and clean up any fuel or other hazardous material spilled, misused or allowed to escape.

• 105 (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 4 600 l in capacity, Foothills shall surround that area by a dyke of reinforced concrete or a dyke of earth lined with plastic or other impervious material.

• (2) Foothills shall, in constructing a dyke referred to in subsection (1), comply with any requirements established by the designated officer for the design and location of the dyke and of the area that it surrounds.