Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Province of Alberta (SI/80-127)

51 Foothills shall take measures to revegetate land, other than agricultural land, to the satisfaction of the designated officer, disturbed by the construction or operation of the pipeline as soon as practicable and in a manner that complements any other measure Foothills takes to control drainage and erosion.

52 Where land is to be reclaimed pursuant to section 50 or revegetated pursuant to section 51, Foothills shall give priority to the following objectives:

• (a) the control of erosion and its impact, and

• (b) the restoration of the aesthetic value of the land

and such priority shall be given in the order set out in paragraphs (a) and (b).

• 53 (1) Where measures referred to in section 51 are taken that involve the seeding of land, Foothills shall use only seed mixes of certified status.

• (2) Where a seed mix of certified status is not available in sufficient quantity for any revegetation referred to in section 51, Foothills shall take such measures as are satisfactory to the designated officer to encourage the invasion of plants native to the Province for such revegetation.

• 54 (1) Foothills shall, from time to time, inspect the erosion control measures referred to in section 49, the reclamation measures in section 50 and the revegetation measures referred to in section 51 and evaluate the effectiveness of such measures.

• (2) Where, in the opinion of the designated officer, the measures referred to in subsection (1) are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer.

Air Quality

55 Where Foothills submits to the designated officer for his approval proposals for the design and location of a compressor station for the pipeline, Foothills shall include in the submission the measures it proposes

• (a) to control air pollution and to disperse and, where possible, reduce any ice fog resulting from the operation of the pipeline; and

• (b) to preserve the aesthetic value of the landscape in the vicinity of the pipeline.

56 Foothills shall, in the operation of a compressor station, take such measures as are satisfactory to the designated officer to minimize any adverse effects of air pollution and ice fog resulting from the operation of the pipeline on

• (a) the health or recreation of any person; or

• (b) transportation.

• 57 (1) Foothills shall, at each compressor station selected by the designated officer, sample and analyze air quality in the vicinity of that compressor station by a method and at such times as are satisfactory to the designated officer.

• (2) Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis referred to in subsection (1).

Noise

58 Foothills shall incorporate noise abatement devices in the design of any compressor station it installs for the pipeline.

59 Foothills shall, in the construction and operation of the pipeline, take such noise abatement measures as are satisfactory to the designated officer to minimize the disturbance by noise of

• (a) persons residing in the vicinity of the pipeline; and

• (b) wildlife, referred to in paragraph 62(a), in the areas of land and waterbodies during the periods of time described in the information referred to in section 62 in respect of such wildlife.

• 60 (1) Foothills shall, when requested by the designated officer and in a manner satisfactory to him, record noise levels caused by the operation of pipeline facilities and equipment and shall report, within a reasonable period of time, the noise levels so recorded to the designated officer.

• (2) Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs or is likely to disturb the persons or wildlife referred to in section 59, Foothills shall take such remedial measures to lower that noise level as are satisfactory to the designated officer.

Wildlife

61 Foothills shall take such measures as are satisfactory to the designated officer to minimize any adverse impact resulting from the construction or operation of the pipeline on any indigenous species of birds, mammals, reptiles or amphibians that occupy areas or exist in numbers so small that, in the opinion of the designated officer, their existence would likely be threatened by the construction or operation of the pipeline.

62 Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him information satisfactory to the designated officer in respect of 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.

63 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 areas and during any periods of time in respect of those areas described in the information referred to in section 62 is minimized.

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

• (a) to prevent big game animals from being obstructed or entrapped by the construction of the pipeline; and

• (b) to prevent unreasonable interference with trapping in the vicinity of the pipeline.

• 65 (1) Foothills shall, from time to time during construction of the pipeline, inspect those areas described in the information referred to in section 62 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.

Fisheries

• 66 (1) Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him information satisfactory to the designated officer 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 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 migration of fish.

67 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 66(1) is minimized.

68 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, 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 effects on fish and fish habitat.

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

• 70 (1) Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, during any period described in the information referred to in subsection 66(1) withdraw water from overwintering areas or from groundwater directly replenishing those areas.

• (2) Where Foothills, in constructing the pipeline, disrupts fish migration routes by any blockage, diversion or prolonged acceleration of water flow, Foothills shall install devices to ensure the passage of such fish.

71 Foothills shall take such measures as are satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic or sport fishing.

72 Foothills shall inspect pipeline stream crossings for evidence of deterioration in bank stability and stream bed condition and take such measures as are satisfactory to the designated officer to mitigate any adverse environmental impact thereon.

Special Interest Areas

73 Prior to the commencement of construction, Foothills shall conduct, in a manner satisfactory to the designated officer, a historic resources investigation program in respect of the area through which the pipeline passes.

• 74 (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 or cultural values of that area.

75 Foothills shall take such measures as are satisfactory to the designated officer to minimize the adverse environmental impact of the construction of the pipeline within 2 km of the limits of any park, wildlife or game sanctuary, ecological preserve, International Biological Program site, historical or archaeological site or research, conservation or recreational site proposed or established under any law of Canada or of the Province.

76 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 or burial ground.

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

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

• (b) analyze the archaeological and associated palaeoecological materials

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

78 Foothills shall provide, when requested by the designated officer, evidence satisfactory to the designated officer that any archaeological specimens and related materials, field notes, plans and maps, photographs, analyses and other relevant documents collected during the archaeological program referred to in section 77 are deposited with the government of the Province or are retained at a place and under such arrangements as are approved by that government.

• 79 (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

• 80 (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.

81 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.