Foothills shall implement construction and operation practices to protect, to the extent practicable, fish and fish habitat against any adverse effects of siltation, excavation of granular materials, spills of fuel or toxic chemicals, changes in water temperature and chemistry or the reduction of dissolved oxygen in any waterbody through which the pipeline passes.

  •  (1) Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, during any period described in the information referred to in subsection 77(1) withdraw water from overwintering areas or from groundwater directly replenishing those areas.

  • (2) Where Foothills, in constructing the pipeline, obstructs fish migration routes by any blockage, diversion or prolonged acceleration of water flow, Foothills shall install devices to ensure the passage of such fish.

 Foothills shall take such measures as are satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, sport or commercial fishing.

 Foothills shall inspect pipeline stream crossings for evidence of deterioration in bank stability and stream bed condition and, where required by the designated officer, take such measures as are satisfactory to him to mitigate any adverse environmental impact thereon.

Special Interest Areas

 Prior to the commencement of construction, Foothills shall conduct, in a manner satisfactory to the designated officer, a historic resources investigation program in respect of the area through which the pipeline passes.

  •  (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 passes through 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 or salvage the natural and cultural values of that area.

 Foothills shall take such measures as are satisfactory to the designated officer to minimize the adverse impact of the construction of the pipeline within 2 km of the limits of any park, wildlife or game sanctuary, ecological reserve, International Biological Program candidate area, historical or archaeological site, any vertebrate palaeontological site or any research, conservation or recreation site proposed or established under any law of Canada or of the Province.

 Foothills shall obtain the approval of the designated officer before commencing the construction of any portion of the pipeline within 30 m of a monument or burial ground.

 Foothills shall establish and conduct a program satisfactory to the designated officer to

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

  • (b) analyze the archaeological and associated palaeoecological materials and vertebrate fossils

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

 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 program referred to in section 88 are deposited with the government of the Province or are retained at a place and under such arrangements as are approved by that government.

  •  (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

  •  (1) Foothills shall take such measures as are satisfactory to the designated officer to avoid adverse environmental impacts on agricultural land.

  • (2) Where any adverse environmental impact on agricultural land cannot be avoided, Foothills shall take such measures as are satisfactory to the designated officer to mitigate such impact.

 Where soil on agricultural land is disturbed or removed during construction of the pipeline, Foothills shall,

  • (a) unless otherwise directed by the landowner or tenant of the land, as soon as possible after the disturbance or removal, take such measures as are satisfactory to the landowner or tenant to stabilize the surface or replace such soil of such agricultural land and return the land, as far as practicable, to its previous level of productivity; and

  • (b) avoid mixing topsoil with subsoil and placing rocks in the tillage zone.

 Foothills shall, in carrying out any measures pursuant to section 91 or 92, ensure that any revegetation is designed to be compatible with existing agricultural uses.

 Where Foothills has stabilized the surface of agricultural land and returned it as far as practicable to its previous level of productivity pursuant to paragraph 92(1)(a), and where required by the designated officer, Foothills shall

  • (a) inspect agricultural land that may have been or may be affected by the construction of the pipeline; and

  • (b) take remedial measures in respect of any agricultural land discovered by the inspection to be affected by the construction of the pipeline.

 Where, as 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 owner or tenant, construct and maintain a gate in the fence for such access.

Clearing

 Foothills shall minimize to the satisfaction of the designated officer any adverse environmental impact of any 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) when required by the designated officer, leave a buffer strip, satisfactory to him, of undisturbed vegetation

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

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

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

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

 Foothills shall take such measures as are satisfactory to the designated officer to minimize the impact of clearing operations on visual resources.

Fuel and Other Hazardous Material

  •  (1) Foothills shall, in consultation with the government of the Province, establish a list setting out those persons designated by Foothills to receive notification from Foothills in respect of fuel or other hazardous material that has been spilled by Foothills during the construction or operation of the pipeline.

  • (2) Foothills shall forthwith submit to the designated officer the names of the persons set out in the list referred to in subsection (1).

 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 storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody described in the information referred to in section 72, any fish habitat described in the information referred to in section 77 or any harvesting area for aquatic or terrestrial fauna; 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.

  •  (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) Where a dyke is required pursuant to subsection (1), Foothills shall submit to the designated officer a typical design of that dyke for approval.

  •  (1) Foothills shall inspect, in a manner satisfactory to the designated officer, facilities used by Foothills to handle and store fuel and other hazardous material to determine whether there has been any loss of such fuel or hazardous material.

  • (2) Where any loss of fuel or other hazardous material referred to in subsection (1) occurs, Foothills shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to clean up any spill resulting from such loss and to prevent further loss.

 
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