Agricultural Land

 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.

 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 return it, as far as is practicable, to its previous level of productivity.

 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.

 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.

 Where Foothills has stabilized the surface of agricultural land and returned it as far as is practicable to its previous level of productivity pursuant to section 118, 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 within a reasonable period of time 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 affected by the pipeline.

Clearing

 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.

 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 measures satisfactory to the designated officer to minimize windthrow in buffer strips.