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PART IIEnvironmental Terms and Conditions (continued)

Wildlife

 Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval a list setting out those areas of land and waterbodies in which, and the periods of time in respect of those areas and waterbodies during which, the construction or operation of the pipeline may

  • (a) threaten the continued existence of significant wildlife populations; or

  • (b) result in significant adverse effects on significant wildlife populations.

 Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline and propose the location of the pipeline in such a manner that when the construction of the pipeline is being carried out the adverse impact on wildlife in any area and during any periods of time in respect of that area set out in the list referred to in section 94 is minimized.

 Foothills shall take such measures as are satisfactory to the designated officer to prevent big game animals from being obstructed or entrapped by the construction of the pipeline.

  •  (1) Where requested by the designated officer, Foothills shall, during the construction and operation of the pipeline, monitor, at such locations and times and for such periods as are satisfactory to the designated officer, the impact resulting from the construction and operation of the pipeline on the habitat, seasonal distribution and movement of significant wildlife populations.

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

 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 95 is such that it does not minimize the adverse environmental impact on wildlife, or

  • (b) the measures taken pursuant to section 96 are ineffective

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

 Foothills shall take such measures as are satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with hunting, guiding or trapping in the vicinity of the pipeline.

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 a list setting out 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 and rearing grounds, overwintering areas and migration routes in the 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 and rearing and migration of the fish.

 Where Foothills prepares construction schedules for the pipeline, Foothills shall prepare the schedules in such a manner that when the construction of the pipeline is carried out any adverse impact on the fish in any fish habitat and during the periods of time in respect of that habitat set out in the list referred to in subsection 100(1) is minimized to the satisfaction of the designated officer.

 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 significant fish populations, 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 significant fish populations and fish habitat.

 Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, significant fish populations and fish habitat against any adverse effect of any siltation, excavation of granular materials, spills of fuel or toxic chemicals, 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,

  • (a) obstruct fish migration routes during any period set out in the list referred to in subsection 100(1) by any blockage, diversion or prolonged acceleration of water flow; or

  • (b) during such period, withdraw water from overwintering areas or from groundwater directly replenishing those areas.

 Where Foothills places a culvert in a waterbody frequented by fish populations, Foothills shall take such measures as are satisfactory to the designated officer to allow the passage of fish populations through the culvert during any period set out in the list referred to in subsection 100(1).

 Foothills shall take measures satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with any domestic, commercial or sport fishing or adversely affecting any fishing area in any area through which the pipeline passes.

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

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

    • (a) the construction schedule referred to in section 101,

    • (b) the measures referred to in sections 102, 105 and 106, and

    • (c) the practices referred to in section 103

    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 monitoring referred to in subsection (1).

 Where, in the opinion of the designated officer, the measures or practices referred to in section 102, 103, 105 or 106 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 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 site, historical or archaeological site or 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, archaeological site or burial ground.

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

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

  • (b) analyze archaeological and associated palaeoecological materials

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

 Foothills shall, at any time at the request of the designated officer and at the termination of the archaeological program referred to in section 112, submit to the designated officer a report satisfactory to the designated officer of the results of that program.

 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 112 are retained at a place and under such arrangements as are approved by the government of the Province.

 Foothills shall immediately report any discovery of a historical or archaeological site to the designated officer 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 the 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.

 
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