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

• 118 (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 similar to that in existence before the excavation of the borrow pit.

119 Where Foothills uses any granular materials, such granular materials shall be used in a manner satisfactory to the designated officer and compatible with any other use of such materials in that portion of the Province through which the pipeline passes.

Blasting

120 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 or trapping

in the area through which the pipeline passes.

121 Foothills shall minimize blasting in or adjacent to any waterbody, swamp or marsh.

122 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

123 Foothills shall, when submitting construction procedures and schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristic of any water crossing by the pipeline.

124 Where Foothills submits a site-specific design for a water crossing to the designated officer for approval, Foothills shall include in the submission the information in respect of the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

• 125 (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 a manner satisfactory to the designated officer.

• (2) Foothills shall report, within a reasonable period of time, to the designated officer 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).

126 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.

127 Where an impervious seam is cut in the bed of a waterbody during a trench excavation at a water crossing, Foothills shall take such measures as are satisfactory to the designated officer to restore water movements above the seam to their original pattern.

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

129 Foothills shall, unless otherwise directed by the designated officer, on completion of any pipeline construction across a stream, restore the bed of the stream to its original shape by using the original materials of the stream bed or other material of equivalent stability.

Water Withdrawal, Water Discharge and Hydrostatic Testing

130 Foothills shall take such measures as are satisfactory to the designated officer to ensure to the satisfaction of the designated officer that water withdrawals and discharges will not have an unreasonable 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 a water withdrawal is made or into which the discharge is made;

• (c) the transportation on or access to the waterbody from which a 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 a water withdrawal is made or into which a discharge is made.

• 131 (1) Subject to subsection (2), Foothills shall ensure that, during any withdrawal of water from a waterbody for hydrostatic testing, the rate of flow or depth of water in that waterbody does not 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.

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

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

134 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.

135 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 constructing or testing the pipeline.

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

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

• (b) to contain and remedy the effect of any test fluid that has been spilled.

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

138 Foothills shall, prior to discharging any hydrostatic test fluid, ensure that the fluid meets such standards of composition as are satisfactory to the designated officer.

Roads and Other Facilities

139 Where Foothills is required to submit to the designated officer for approval the design and location of any 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 construction, operation or abandonment of that 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.

140 Foothills shall maintain any right-of-way travelling surface so that cross drainage is both efficient and effective without causing accelerated erosion or ponding.

141 Where Foothills submits to the designated officer for approval a proposed crossing of a waterbody by an access road, Foothills shall propose the installation of bridges or culverts where, in the opinion of the designated officer, they are required to protect fish and fish habitat.

142 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.

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

Machinery, Transportation and Construction Equipment

144 Foothills shall take such measures as are satisfactory to the designated officer to minimize the use by Foothills of vehicles and transportation and construction equipment in any area other than on public and access roads and the pipeline right-of-way.

145 Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place in respect of that waterbody during such time and in such manner as is satisfactory to the designated officer.

146 Foothills shall equip and maintain all machinery and transportation and construction equipment with factory standard emission and noise control devices.

Inspection and Monitoring

• 147 (1) Foothills shall, in a manner satisfactory to the designated officer, inspect the pipeline and the land and water disturbed by the pipeline, evaluate the results of the inspection and, when directed by the designated officer, monitor the environmental impact of the pipeline.

• (2) When requested by the designated officer, Foothills shall, within a reasonable period of time, report the results of the inspection, evaluation and monitoring referred to in subsection (1) to the designated officer.

148 Where the designated officer is of the opinion that the construction or operation of the pipeline has caused or is likely to cause a significant adverse environmental impact, Foothills shall take such measures as are satisfactory to the designated officer to mitigate or remedy the environmental impact and to prevent its recurrence.

Environmental Plans and Procedures Manual

• 149 (1) Foothills shall prepare and submit to the designated officer an Environmental Plans and Procedures Manual, constituted in Parts, that sets out the procedures and measures Foothills intends to take to

  • (a) comply with this Part;

  • (b) carry out any environmental requirements imposed by law; and

  • (c) prevent, mitigate or remedy any adverse environmental impact that may result from the construction or operation of the pipeline.

• (2) Each Part of the Environmental Plans and Procedures Manual referred to in subsection (1) shall be submitted to the designated officer for his approval in accordance with the schedule referred to in subsection (3).

• (3) Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a Parts schedule for his approval that sets out the procedures and measures to be dealt with in each Part referred to in subsection (1) and the date that each Part is to be submitted to the designated officer.

• (4) The Parts schedule referred to in subsection (3), when approved by the designated officer, constitutes Foothills’ Parts schedule and Foothills shall comply therewith.

• (5) Where the designated officer approves a procedure or measure set out in a Part submitted by Foothills pursuant to subsection (2), Foothills shall thereupon carry out such procedure or measure.

Submissions

• 150 (1) Foothills shall submit to the designated officer, in accordance with a schedule approved by him,

  • (a) the environmental information used by it in preparing the Parts referred to in subsection 149(1); and

  • (b) construction scheduling and engineering design information necessary for a review and evaluation of the Parts referred to in subsection 149(1).

• (2) Foothills shall, when requested by the designated officer, submit to him any studies, reports, analyses or other material on which the information submitted pursuant to section 74 or subsection 79(1) was based.

• (3) Where Foothills conducts studies or gathers data or information when considering the effect, if any, of the construction or operation of the pipeline on the existing or potential use of any land or waterbody through which the pipeline passes for the purpose of taking into account such effect pursuant to section 54, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.

151 When requested by the designated officer and in a manner satisfactory to him, Foothills shall submit to him any procedures or measures proposed by Foothills as alternatives to the procedures or measures referred to in subsection 149(1).

152 Where, subsequent to the approval by the designated officer of any procedure or measure referred to in subsection 149(1), Foothills obtains additional information of environmental significance relating to that procedure or measure, Foothills shall forthwith report such information to the designated officer.