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PART IIEnvironmental Terms and Conditions (continued)

Granular Materials, Borrow Pits and Quarries

 Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer

  • (a) the disturbance of the environment in the vicinity of the borrow pit or quarry;

  • (b) the amount of land used for the borrow pit or quarry; and

  • (c) the amount of materials extracted from the borrow pit or quarry.

 Foothills shall, in a manner satisfactory to the designated officer, close or reclaim any borrow pit or quarry used by it.

 Foothills shall leave a buffer strip of undisturbed vegetation of a width that is satisfactory to the designated officer between any borrow pit or quarry that it opens and any adjacent road.

 Where Foothills uses a borrow pit or quarry within or adjacent to a waterbody, swamp, marsh, bog or fen, Foothills shall take such measures as are satisfactory to the designated officer to protect wildlife, wildlife habitat and fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

Blasting

 Foothills shall establish blasting procedures and schedules satisfactory to the designated officer to minimize

  • (a) any adverse effects on aquatic organisms, wildlife or livestock, and

  • (b) any interference with hunting, trapping, farming or grazing,

in the area through which the pipeline passes.

 Foothills shall minimize, to the extent possible, blasting in or adjacent to any waterbody, swamp, marsh, bog or fen.

 Where Foothills intends to blast, it shall advise persons living in the vicinity of its intention and of the time of intended blasting.

Water Crossings

 Foothills shall, when submitting construction schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristics of any water crossing by the pipeline.

 Where Foothills submits a site-specific design for a water crossing to the designated officer for approval, Foothills shall include in such submission information on the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

 Foothills shall, unless otherwise directed by the designated officer, on completion of any construction across a stream, restore in a manner satisfactory to the designated officer the natural drainage of the area affected by such construction.

 Where water at any place where the pipeline crosses a waterbody is required by

  • (a) persons who are licensed or authorized by the government of the Province to use such water,

  • (b) holders of riparian rights, or

  • (c) the Government of Canada and the government of the Province for international or interprovincial obligations in respect of water,

Foothills shall not, during the construction or operation of the pipeline, interfere with the quality, quantity or level of that water.

 Foothills shall, in a manner satisfactory to the designated officer, regularly inspect and, when requested by the designated officer, monitor each place where the pipeline crosses a waterbody.

Water Withdrawal, Water Discharge and Hydrostatic Testing

 Foothills shall, prior to withdrawing, diverting or impounding quantities of water from or discharging quantities of water into any waterbody or groundwater system, ensure to the satisfaction of the designated officer that water withdrawals and discharges will not have an unreasonably adverse effect on

  • (a) the level or rate of flow of water in the waterbody or well from which the water withdrawal is made or into which the discharge is made;

  • (b) the existing use of water from the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (c) the transportation on or access to the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (d) the trapping or fishing by persons residing in the vicinity of the pipeline;

  • (e) the fish populations in or dependent on the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (f) any waterfowl or mammal populations using any waterbody or its margins from which the water withdrawal is made or into which the discharge is made;

  • (g) the rights of persons to water where those rights have been granted by the government of the Province; and

  • (h) any international or interprovincial obligations of the Government of Canada or of the government of the Province.

  •  (1) Foothills shall, when designing or operating a camp water system, compressor station water system, granular material washing system or any other water-related system, design or operate the system, as the case may be, in a manner that will minimize the use of water.

  • (2) Foothills shall, when carrying out hydrostatic testing of the pipeline, carry out such tests in a manner that will minimize the use of water.

 Foothills shall appoint a qualified person to supervise the withdrawal or discharge of water used for constructing or testing the pipeline.

 Foothills shall, in a manner satisfactory to the designated officer, provide site-specific information in respect of each water withdrawal or discharge used for constructing or testing the pipeline.

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

  • (a) to avoid spilling any test fluid other than a spill caused by the failure of a pipe when being tested; and

  • (b) to contain and remedy the effect of any test fluid that has been spilled.

 Foothills shall, prior to discharging any hydrostatic test fluid, ensure that the fluid meets such standards of composition as are satisfactory to the designated officer.

 Where Foothills obtains water from

  • (a) the South Saskatchewan River basin or sub-basin,

  • (b) the Cypress Hills basin or sub-basin,

  • (c) the Missouri River and its basin or sub-basin, or

  • (d) the Old Wives Lake basin or sub-basin

for use in hydrostatic testing, the water shall be returned to the basin or sub-basin from which it was obtained unless the designated officer permits or directs Foothills to discharge the water, in a manner satisfactory to him, into any other basin or sub-basin.

  •  (1) Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative.

  • (2) Foothills shall appoint qualified personnel to supervise all hydrostatic tests of the pipeline.

Roads and Other Facilities

 Foothills shall, wherever possible, use existing roads in the construction and operation of the pipeline.

 Foothills shall, in the design, construction or operation of any access road or facility, other than an access road or facility located in the right-of-way of the pipeline, take into account, in a manner satisfactory to the designated officer, the local and regional environment.

 Foothills shall consult with the government of the Province in respect of

  • (a) the road network required for the pipeline; and

  • (b) the nature, location and use of any

    • (i) storage area,

    • (ii) camp site,

    • (iii) staging area, or

    • (iv) facility site.

 Foothills shall, unless the designated officer otherwise directs, render any access road built by it, other than a road to be used by Foothills in the maintenance of the pipeline, impassable in a manner satisfactory to the designated officer.

 Foothills shall reclaim for agricultural use any access road built by it on agricultural land other than a road to be used by Foothills in the maintenance of the pipeline where so requested by the landowner or tenant of the land.

Machinery, Transportation and Construction Equipment

 Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place during such time and in such manner as is satisfactory to the designated officer in respect of that waterbody.

Inspection and Monitoring

  •  (1) Foothills shall, in a manner satisfactory to the designated officer, inspect, evaluate and, when directed by the designated officer, monitor the pipeline and the environment affected by its construction and operation.

  • (2) When requested by the designated officer, Foothills shall, within a reasonable period of time, report the results of the inspection, evaluation and monitoring referred to in subsection (1) to the designated officer.

 Where the designated officer is of the opinion that construction or operation of the pipeline has caused or is likely to cause a significant adverse environmental impact, Foothills shall take such measures as are satisfactory to the designated officer to mitigate or remedy the environmental impact and to prevent its recurrence.

Protection of Shelter Belts

  •  (1) Foothills shall, where practicable, avoid the removal of any trees or shrubs from any shelter belt or wind break on any agricultural land.

  • (2) Where, in the construction of the pipeline, Foothills removes trees or shrubs from a shelter belt or wind break on any agricultural land, Foothills shall take such remedial measures as are satisfactory to the landowner or tenant of the land as soon as possible after the removal.

Forest and Prairie Fire Prevention and Suppression

 Foothills shall develop such measures as are satisfactory to the designated officer for forest and prairie fire prevention and suppression.

 Foothills shall, for the purpose of forest and prairie fire prevention and suppression, modify, when necessary, its construction procedures in a manner compatible with the forest and prairie fire hazard rating applicable to the area in which the construction of the pipeline is taking place.

 Foothills shall be prepared to assist in any forest or prairie fire suppression in respect of a fire in an area through which the pipeline passes.

Environmental Plans and Procedures Manual

  •  (1) Foothills shall prepare for the approval of the designated officer, and submit to him, at a time satisfactory to him, an Environmental Plans and Procedures Manual that sets out the measures and procedures Foothills proposes to take to

    • (a) comply with this Part;

    • (b) carry out any environmental requirements imposed by law; and

    • (c) prevent, mitigate or remedy any adverse environmental impact that may result from the construction or operation of the pipeline.

  • (2) When the Environmental Plans and Procedures Manual referred to in subsection (1) is approved by the designated officer, Foothills shall thereupon carry out the measures and procedures set out therein.

Submissions

  •  (1) Foothills shall submit to the designated officer, in accordance with a schedule approved by him,

    • (a) the environmental information used by it in preparing the manual referred to in subsection 141(1); and

    • (b) construction scheduling and engineering design information necessary for a review and evaluation of the manual.

  • (2) Foothills shall, when requested by the designated officer, submit to him any studies, reports, analyses or other material on which the information submitted pursuant to section 72 or subsection 77(1) was based.

  • (3) Where Foothills conducts studies or gathers data or information when considering the effect, if any, of the construction or operation of the pipeline on the existing or potential use of any land or waterbody through which the pipeline passes for the purpose of taking into account such effect pursuant to section 56, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.

 When requested by the designated officer and in a manner satisfactory to him, Foothills shall submit to him any procedures or measures proposed by Foothills as alternatives to the procedures or measures referred to in subsection 141(1).

 Where, subsequent to the approval by the designated officer of any procedure or measure referred to in subsection 141(1), Foothills obtains additional information of environmental significance relating to that procedure or measure, Foothills shall forthwith report such information to the designated officer.

 

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