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PART IIEnvironmental Terms and Conditions (continued)

Special Interest Areas (continued)

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

    • (a) unless otherwise directed by the designated officer, 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 fertility; and

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

  • (2) Foothills shall consult with the Department of Agriculture of the government of the Province on the grade and freedom from weed seed of the seed to be used in revegetating any agricultural land disturbed by the construction of the pipeline.

 Where Foothills has stabilized the surface of agricultural land and returned it as far as practicable to its previous level of fertility pursuant to subsection 80(1) 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.

 Foothills shall, unless otherwise directed by the designated officer, salvage topsoil on any agricultural land that it has disturbed during the construction of the pipeline.

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) cut, deck and arrange utilization of merchantable coniferous timber cleared by Foothills in such manner as is satisfactory to the designated officer;

  • (c) where required by the designated officer, leave a buffer strip, satisfactory to the designated officer, 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

  • (d) 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

 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 62, any fish habitat described in the information referred to in subsection 66(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.

  •  (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 52 m3 in capacity, Foothills shall surround that area by reinforced concrete or an earth dyke lined with plastic or other impervious material.

  • (2) Foothills shall submit to the designated officer for approval the design of a dyke referred to in subsection (1) and of the area that it surrounds.

  •  (1) Foothills shall inspect in such manner as is satisfactory to the designated officer facilities to handle and store fuel and other hazardous material to detect 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 prevent further loss.

Waste Management

  •  (1) Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where required by the designated officer, treated in a manner satisfactory to him.

  • (2) Foothills shall dispose of the liquid and solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer.

 Foothills shall establish procedures satisfactory to the designated officer to prevent access by fur-bearing carnivores or bears to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attractiveness of such sites to such carnivores or bears.

 Foothills shall handle and dispose of any wastes containing a hazardous material in such manner as is satisfactory to the designated officer.

  •  (1) Where required by the designated officer, Foothills shall

    • (a) inspect the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharge therefrom; and

    • (b) evaluate the effectiveness of its solid waste management procedures.

  • (2) Foothills shall take such remedial measures in respect of solid waste management and liquid waste treatment as directed by the designated officer.

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 a 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 not extract granular materials from the bed of a waterbody unless that part of the bed of the waterbody from which such materials are to be extracted is dry.

 Foothills shall leave a buffer strip that is at least 100 m wide of undisturbed vegetation between a 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 designed officer to protect fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

Blasting

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

  • (a) any adverse effects on bird, fish or mammal populations, and

  • (b) any interference with fishing, hunting or trapping

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.

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 or 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 the information in respect of the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

Water Withdrawal, Water Discharge and Hydrostatic Testing

 Foothills shall, prior to withdrawing significant quantities of water from or discharging significant quantities of water into any waterbody or groundwater system, ensure to the satisfaction of the designated officer that such 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; and

  • (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.

 
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