Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)

Terrain, Landscape and Waterbodies

53 Foothills shall, in the planning and construction of the pipeline, minimize to the satisfaction of the designated officer any adverse environmental impact on land through which the pipeline passes and on waterbodies or groundwater in the vicinity of the pipeline.

54 Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval, it shall, in a manner satisfactory to the designated officer, take into account the effect, if any, of the construction or operation of the pipeline on the existing or potential uses of any land or waterbody through which the pipeline is proposed to pass.

Drainage, Erosion Control, Rehabilitation and Revegetation

55 Foothills shall, in the planning and construction of the pipeline, take such measures as are satisfactory to the designated officer to

• (a) minimize disturbance on erosion-sensitive terrain; and

• (b) minimize construction on erosion-sensitive terrain during periods in which erosion is most likely to be initiated.

56 Foothills shall design and implement erosion control measures satisfactory to the designated officer to protect the pipeline, minimize interference with any other use of land or water and to protect the environment of any area through which the pipeline passes.

57 Foothills shall, in the construction and operation of the pipeline, minimize to the satisfaction of the designated officer the development of subsurface channels along the pipeline and

• (a) any change in the natural drainage patterns, and

• (b) any increase in the sediment loading in waterbodies

of those areas through which the pipeline passes.

58 Foothills shall implement such measures as are satisfactory to the designated officer to rehabilitate land, other than agricultural land, disturbed by the construction or operation of the pipeline.

59 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 in a manner that complements any other measure Foothills takes to control drainage and erosion.

60 Where land is to be rehabilitated pursuant to section 58 or revegetated pursuant to section 59, Foothills shall rehabilitate or revegetate, as the case may be, the land in a manner consistent with present land use practices employed in that portion of the Province through which the pipeline passes and shall give priority to the following objectives:

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

• (b) the protection of important wildlife habitat, and

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

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

61 Where Foothills has backfilled any part of the pipeline under construction, Foothills shall, unless otherwise authorized by the designated officer, commence as soon as practicable but, in any event, within one year of the backfilling, the erosion control measures referred to in section 56, the rehabilitation measures referred to in section 58 and the revegetation measures referred to in section 59.

62 Foothills shall,

• (a) where a revegetation measure referred to in section 59 is taken that involves the seeding of land, use only seed mixes acceptable to the government of the Province;

• (b) take such measures as are satisfactory to the designated officer to ensure that noxious weeds are not brought into the area through which the pipeline passes on construction equipment used by Foothills; and

• (c) take measures satisfactory to the designated officer to eradicate infestations of noxious weeds caused by the construction of the pipeline.

63 Foothills shall, from time to time, inspect in a manner satisfactory to the designated officer the implementation of the erosion control measures referred to in section 56, the rehabilitation measures referred to in section 58, the revegetation measures referred to in section 59 and the measures relating to noxious weeds referred to in paragraphs 62(b) and (c).

• 64 (1) Foothills shall, in carrying out the inspection pursuant to section 63, evaluate the effectiveness of the measures referred to in that section and, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results and evaluation of such inspection.

• (2) Where, in the opinion of the designated officer, the measures referred to in section 63 are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer.

Water Quality

65 Foothills shall take such measures as are satisfactory to the designated officer to ensure that significant quantities of deleterious substances, as defined in the Fisheries Act, sediment, silt or wood chips resulting from the construction of the pipeline are not left in an area where they are likely to enter into any waterbody.

• 66 (1) Foothills shall take such measures as are satisfactory to the designated officer to minimize the entry into any waterbody of any aqueous run-off or discharge resulting from the construction of the pipeline.

• (2) Where there is any aqueous run-off or discharge referred to in subsection (1) and that run-off or discharge enters a waterbody, Foothills shall take such measures as are satisfactory to the designated officer to protect the quality of the water in the waterbody.

67 Where the construction or operation of the pipeline takes place within a waterbody, Foothills shall take such measures as are satisfactory to the designated officer to protect the quality of the water in that waterbody.

Air Quality

68 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 a description of the measures Foothills intends to implement

• (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.

69 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;

• (b) transportation; or

• (c) wildlife and wildlife habitat.

• 70 (1) Foothills shall, at each compressor station selected by the designated officer,

  • (a) sample and analyze air quality in the vicinity of that compressor station,

  • (b) sample and analyze gaseous emissions from the compressor station,

  • (c) measure precipitation, wind speed and direction and air mass stability in the vicinity of the compressor station, and

  • (d) record the quantity and type of fuel consumed by that compressor station

  by a method and at such times as are approved by the designated officer.

• (2) Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis and measurements referred to in paragraphs (1)(a) to (c) and the record of the quantity and type of fuel consumed referred to in paragraph (1)(d).

Noise

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

72 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;

• (b) wildlife referred to in paragraph 74(a) in the areas of land and waterbodies during the periods of time described in the information referred to in section 74 in respect of such wildlife; and

• (c) livestock in the vicinity of the pipeline.

• 73 (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 persons, wildlife or livestock referred to in section 72, Foothills shall take such remedial measures to lower that noise level as are satisfactory to the designated officer.

Wildlife

74 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 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.

75 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 74 is minimized.

76 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 ensure that the construction or operation of the pipeline does not unreasonably interfere with guiding and trapping in the vicinity of the pipeline.

• 77 (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.

78 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

• 79 (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.

80 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.

81 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.

82 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.