Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

110 Foothills shall not use

• (a) a natural waterbody, swamp, marsh, bog or fen as a lagoon for the containment of any liquid or solid wastes referred to in subsection 109(1); or

• (b) borrow pits as liquid or solid waste disposal sites unless such use is approved by the designated officer.

111 Foothills shall submit to the designated officer for approval any proposed location for a liquid waste lagoon or solid waste disposal site for use by Foothills during the construction of the pipeline.

112 Foothills shall minimize to the satisfaction of the designated officer any contamination of any waterbody or groundwater by waste from solid waste disposal sites.

113 Foothills shall establish procedures satisfactory to the designated officer for the handling and disposal of any waste containing a hazardous material.

• 114 (1) Foothills shall meet any standards of composition as may be specified by the designated officer for the effluent from a liquid waste treatment system used by Foothills.

• (2) Foothills shall discharge the effluent referred to in subsection (1) at times and under such conditions as are satisfactory to the designated officer.

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

116 Foothills shall dispose of waste soil, rock, stumps, vegetation and other materials resulting from pipeline construction in such a manner as is satisfactory to the designated officer.

• 117 (1) Foothills shall, in such a manner as is satisfactory to the designated officer,

  • (a) monitor the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharges therefrom, and

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

  at such times as directed by the designated officer.

• (2) Foothills shall forthwith report the results of the monitoring referred to in subsection (1) to the designated officer.

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

Granular Materials, Borrow Pits and Quarries

118 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.

119 Foothills shall, where possible, use existing roads, trails or cutlines for access to borrow pits or quarries.

120 Foothills shall leave buffer strips of undisturbed vegetation between any borrow pit or quarry that it opens and any adjacent road.

• 121 (1) Foothills shall not, without the approval of the designated officer, use a borrow pit or quarry adjacent to or within a waterbody, swamp, marsh, bog or fen.

• (2) Where the use of a borrow pit or quarry referred to in subsection (1) has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to minimize siltation in that waterbody, swamp, marsh, bog or fen, as the case may be.

• 122 (1) When directed by the designated officer, Foothills shall close and rehabilitate, in a manner satisfactory to the designated officer, any borrow pit or quarry that it uses.

• (2) Where Foothills is required to rehabilitate a borrow pit or quarry pursuant to subsection (1), it shall, to the satisfaction of the designated officer,

  • (a) stabilize the ground surface; and

  • (b) re-establish vegetation on such ground surface.

123 Where Foothills uses any granular materials for the construction of the pipeline, it shall use such granular materials in a manner satisfactory to the designated officer and compatible with any other use of such materials by persons residing in that portion of the Province through which the pipeline passes.

Blasting

124 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, guiding or trapping

in the area through which the pipeline passes.

125 Foothills shall not blast within 20 m of any waterbody, swamp or marsh without the approval of the designated officer.

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

Water Crossings

127 Foothills shall, when requested by the designated officer, submit to him site-specific data satisfactory to him on the hydrological or geotechnical conditions at any place where the pipeline crosses any waterbody.

• 128 (1) Foothills shall

  • (a) inspect every pipeline water crossing for evidence of deterioration in bank stability and stream bed condition, and

  • (b) when directed by the designated officer, monitor the consequences of any pipeline water crossing

  in such manner as is satisfactory to the designated officer.

• (2) Foothills shall report to the designated officer, within a reasonable period of time, the results of the inspection referred to in paragraph (1)(a) and, when required by the designated officer, the results of the monitoring referred to in paragraph (1)(b).

129 Where the designated officer is of the opinion that remedial measures are necessary at a pipeline water crossing, Foothills shall take such remedial measures as are satisfactory to the designated officer.

130 Foothills shall,

• (a) in respect of every waterbody referred to in the list required to be submitted pursuant to section 70 in respect of the threatened existence of wildlife, and

• (b) in respect of every waterbody containing a fish habitat area referred to in the list required to be submitted pursuant to subsection 76(1),

in which groundwater contributes significantly to winterflow in or under the bed of that waterbody, take such measures as are satisfactory to the designated officer to maintain adequate winter groundwater and channel flow in such waterbody.

131 When constructing the pipeline across a stream, Foothills shall trench, lay pipe and backfill the banks of the stream as expeditiously as possible.

132 Where the natural action of a stream will not restore the bed of such stream to its original shape and extent after the completion of construction, Foothills shall, unless otherwise directed by the designated officer, take measures to restore the stream to its original shape and extent by using the original material of the stream bed or other material of equivalent stability.

Water Withdrawal, Water Discharge and Hydrostatic Testing

133 Where Foothills withdraws water from or discharges water into a waterbody, it shall withdraw or discharge the water in a manner satisfactory to the designated officer and in a manner that 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 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.

• 134 (1) Subject to subsection (2), Foothills shall not allow, during any withdrawal of water from a waterbody for hydrostatic testing, the rate of flow or depth of water in that waterbody to fall below such minimum as is specified by the designated officer.

• (2) Foothills may withdraw water referred to in subsection (1) where the rate of flow and depth of water in the waterbody is below the minimum specified pursuant to that subsection if such withdrawal is approved by the designated officer.

135 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, as the case may be, that system in a manner that will minimize the use of water.

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

137 Foothills shall appoint a qualified person to supervise the withdrawal and discharge of water for the construction or testing of the pipeline.

138 Where Foothills withdraws water for the construction or testing of the pipeline, it shall install screens satisfactory to the designated officer on all water intakes.

139 Foothills shall, in a manner satisfactory to the designated officer, furnish him with the details in respect of each water withdrawal or discharge used for testing the pipeline.

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

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

• (b) to clean up the effect of any hydrostatic fluid that has been spilled.

141 Foothills shall not discharge any hydrostatic test fluid unless the fluid meets such standards of composition for such test fluid as are satisfactory to the designated officer.

142 Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative.

Roads and Other Facilities

143 Where Foothills is required to submit to the designated officer for approval the design and location of any permanent access road or pipeline facility, other than a road or facility on the pipeline right-of-way, and the procedures to be used in the constructing, operating or abandonment of the road or facility, Foothills shall take into account the local and regional environment including the following:

• (a) hydrological characteristics;

• (b) terrain conditions;

• (c) ground thermal regime;

• (d) wildlife and fish populations;

• (e) land and water use for purposes other than for the pipeline;

• (f) archaeological sites; and

• (g) aesthetic value of the landscape and waterbodies.

144 Foothills shall maintain every road surface in such a manner that cross drainage is both efficient and effective without causing accelerated erosion or ponding.

145 Unless otherwise directed by the designated officer, Foothills shall install a bridge or culvert at every place where a road crosses a permanent or intermittent river or stream.

146 Foothills shall, where required by the designated officer, render any access road built or rehabilitated by it, other than a road to be used by Foothills in the maintenance of the pipeline, impassable and take such measures as are satisfactory to the designated officer to control erosion of such road.

147 Foothills shall not construct or use a bridge over a waterbody that consists of logs on top of which earth has been placed.

148 Where Foothills builds any snow access road, it shall,

• (a) locate such road in a manner that minimizes disturbance to vegetation; and

• (b) breach such road, where necessary, in preparation for spring run-off.