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PART IIEnvironmental Terms and Conditions (continued)

Wildlife (continued)

  •  (1) Foothills shall, from time to time during the construction of the pipeline, inspect those areas described in the information referred to in section 74 in which the continued existence of significant wildlife populations may be threatened.

  • (2) Foothills shall, in carrying out an inspection referred to in subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on wildlife and shall, when requested by the designated officer, report to him the results of the evaluation.

 Where, in the opinion of the designated officer,

  • (a) the proposed location of the pipeline or the construction schedule of the pipeline referred to in section 75 is such that it does not minimize the adverse environmental impact on wildlife, or

  • (b) the measures taken pursuant to paragraph 76(a) are ineffective,

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

Fisheries

  •  (1) Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval information in respect of those areas of fish habitat in which, and the periods of time in respect of those areas during which, the construction or operation of the pipeline may threaten the continued existence of significant fish populations.

  • (2) The areas referred to in subsection (1) shall include fish spawning grounds, significant overwintering areas and migration routes in waterbodies through which the pipeline passes.

  • (3) The periods of time referred to in subsection (1) shall include those periods for the spawning, incubation, emergence, rearing and migration of fish.

 Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline to ensure that when the construction of the pipeline is being carried out any adverse impact on the fish in any fish habitat and during any periods of time in respect of that habitat described in the information referred to in subsection 79(1) is minimized.

 Where the pipeline or any facility is

  • (a) scheduled to be constructed at a time, or

  • (b) located at a place

that may be disruptive to fish and fish habitat, Foothills shall take such measures as are satisfactory to the designated officer to avoid or minimize, to the satisfaction of the designated officer, any adverse environmental effects on fish and fish habitat.

 Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, fish and fish habitat against any adverse effect of any siltation, excavation of grandular materials, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes.

 Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, obstruct fish migration by any blockage, diversion or prolonged acceleration of water flow.

 Foothills shall take measures satisfactory to the designated officer to ensure that any culvert placed in a waterbody frequented by fish does not prevent the passage, during any period set out in the information referred to in subsection 79(1), of fish frequenting such waterbody.

 Foothills shall take measures satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, commercial or sport fishing or adversely affect any fishing area in any area through which the pipeline passes.

  •  (1) Foothills shall, in a manner satisfactory to the designated officer, inspect fish movements and fish habitat utilization during construction of the pipeline.

  • (2) Foothills shall, in carrying out the inspection referred to in subsection (1), evaluate the effectiveness of

    • (a) the construction schedule referred to in section 80,

    • (b) the measures referred to in sections 81, 84 and 85, and

    • (c) the practices referred to in section 82,

    and shall, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results of the evaluation and of the inspection referred to in subsection (1).

 Where, in the opinion of the designated officer, the measures referred to in section 81 or 84 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Special Interest Areas

  •  (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 is in 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 the natural and cultural values of that area.

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

 Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to

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

  • (b) analyze historical, archaeological and associated palaeoecological materials

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 archaeological program referred to in section 90 are retained at a place and under such arrangements as are approved by the government of the Province.

 Foothills shall report immediately to the designated officer any discovery of a historical or archaeological site and shall not disturb the site without his prior approval.

  •  (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

 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 the extent possible, to return it to its previous level of fertility.

 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 to the extent possible returned it to its previous level of fertility pursuant to section 95, 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 forthwith 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 adversely 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 such measures as are satisfactory to the designated officer to minimize windthrow in buffer strips.

 
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