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PART IIEnvironmental Terms and Conditions (continued)

Water Withdrawal, Water Discharge and Hydrostatic Testing (continued)

  •  (1) Foothills shall, when designing or operating a camp water system, compressor station water system, granular materials 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 by Foothills 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 establish procedures satisfactory to the designated officer

  • (a) to avoid spilling any test fluid used by Foothills 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 prevent water used by it for hydrostatic testing from being transferred from the Peace — Athabasca, Saskatchewan or Columbia watershed to any other watershed.

  •  (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

  •  (1) Subject to subsection (2), Foothills shall,

    • (a) when designing any access road or facility for use in any locality or region in the area through which the pipeline passes, or

    • (b) during the construction or operation of any access road or facility in any locality or region in that area,

    take into account, in a manner satisfactory to the designated officer, the local and regional environment.

  • (2) Subsection (1) does not apply to an access road or facility on the pipeline right-of-way.

 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

 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.

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 the pipeline and the land and water disturbed by the pipeline, evaluate the results of the inspection and, when directed by the designated officer, monitor the environmental impact of the pipeline.

  • (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 the 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 Fire Prevention and Suppression

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

 Foothills shall, for the purpose of fire prevention and suppression, modify, when necessary, its construction procedures in a manner compatible with the forest 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 fire suppression in respect of a fire in an area through which the pipeline passes.

Environmental Plans and Procedures Manual

  •  (1) Foothills shall prepare and submit to the designated officer an Environmental Plans and Procedures Manual, constituted in Parts, that sets out the procedures or measures Foothills intends 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) Each Part of the Environmental Plans and Procedures Manual referred to in subsection (1) shall be submitted to the designated officer for his approval.

  • (3) Where the designated officer approves a procedure or measure set out in a Part submitted by Foothills pursuant to subsection (2), Foothills shall thereupon carry out such procedure or measure.

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 Parts referred to in subsection 120(1); and

    • (b) construction scheduling and engineering design information necessary for a review and evaluation of the Parts referred to in subsection 120(1).

  • (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 62 or subsection 66(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 47, 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 120(1).

 Where, subsequent to the approval by the designated officer of any procedure or measure referred to in subsection 121(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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