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

83 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.

84 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.

85 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.

• 86 (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).

87 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

• 88 (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.

89 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.

90 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.

91 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.

92 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.

• 93 (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

94 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.

95 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.

96 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.

97 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.

98 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

99 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.

100 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.

• 101 (1) Foothills shall, when clearing any area for construction, take measures to minimize to the satisfaction of the designated officer the operation of any machinery along or across any permanent or intermittent river or stream channel.

• (2) Foothills shall not skid any logs along or across any unfrozen permanent river or stream channel or along any unfrozen intermittent stream channel.

102 Foothills shall dispose of any debris resulting from the clearing of vegetation by Foothills in such manner as is satisfactory to the designated officer.

103 Foothills shall not pile any debris resulting from the construction of the pipeline in a manner that creates a continuous barrier to big game animal movements.

Fuel and Other Hazardous Material

104 Foothills shall

• (a) establish procedures satisfactory to the designated officer to minimize the possibility of an accident occurring during the storage, handling and use of fuel or any other hazardous material;

• (b) locate, in a manner satisfactory to the designated officer, storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody described in the information referred to in section 74, any fish habitat described in the information referred to in subsection 79(1) or any important fish harvesting area; and

• (c) establish procedures satisfactory to the designated officer to contain and clean up any fuel or other hazardous material spilled, misused or allowed to escape.

• 105 (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 4 600 l in capacity, Foothills shall surround that area by a dyke of reinforced concrete or a dyke of earth lined with plastic or other impervious material.

• (2) Foothills shall, in constructing a dyke referred to in subsection (1), comply with any requirements established by the designated officer for the design and location of the dyke and of the area that it surrounds.

• 106 (1) Foothills shall establish such procedures as are satisfactory to the designated officer to detect any loss of fuel or other hazardous material at any storage and handling facility.

• (2) Where any loss of fuel or other hazardous material referred to in subsection (1) occurs, Foothills shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss.

107 Foothills shall not

• (a) use, transport or dispose of any radioactive materials, or

• (b) use herbicides or pesticides except for domestic use,

unless such use, transportation or disposition, as the case may be, is approved by the designated officer.

Waste Management

• 108 (1) Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where required by the designated officer, treated in a manner satisfactory to the designated officer.

• (2) Foothills shall dispose of the liquid and solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer.

109 Foothills shall not use borrow pits as liquid or solid waste disposal sites unless such use is approved by the designated officer.

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

111 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.

• 112 (1) Foothills shall

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

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

  at such times as directed by the designated officer.

• (2) Foothills shall, within a reasonable time, report the results of the monitoring referred to in subsection (1) to the designated officer.

• (3) Foothills shall take any remedial measures with respect to solid waste management and liquid waste treatment as directed by the designated officer.

Granular Materials, Borrow Pits and Quarries

113 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.

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

115 Foothills shall not extract granular materials from the bed of a waterbody unless that part of the bed of the waterbody from which such materials are to be extracted is dry.

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

• 117 (1) Foothills shall not, without the approval of the designated officer, use a borrow pit or quarry within or adjacent to 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 protect fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.