Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

Terrain, Landscape and Waterbodies

47 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.

48 Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval, Foothills 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.

Permafrost and Frozen Ground

49 Foothills shall, in the construction and operation of the pipeline, take measures satisfactory to the designated officer to minimize to the satisfaction of the designated officer any change in the existing physical or biological conditions arising from the consequences of thaw settlement.

50 Foothills shall inspect, to the satisfaction of the designated officer, the implementation of the measures referred to in section 49 and shall, when requested by the designated officer, monitor to the satisfaction of the designated officer, the effectiveness of those measures.

Drainage, Erosion Control and Revegetation

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

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

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

52 Foothills shall design and implement erosion control measures satisfactory to the designated officer in respect of those areas through which the pipeline passes to minimize any interference with any other use of land or water and to protect the environment.

53 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.

54 Foothills shall implement such measures as are satisfactory to the designated officer to rehabilitate land disturbed by the construction or operation of the pipeline.

55 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.

56 Where land is to be rehabilitated pursuant to section 54 or revegetated pursuant to section 55, 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 impacts,

• (b) the protection or enhancement 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).

57 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 52, the rehabilitation measures referred to in section 54 and the revegetation measures referred to in section 55.

58 Foothills shall,

• (a) where a revegetation measure referred to in section 55 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 minimize the entry of noxious weeds into the area through which the pipeline passes on construction equipment used by Foothills; and

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

• 59 (1) 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 52, the rehabilitation measures referred to in section 54, the revegetation measures referred to in section 55 and the measures relating to noxious weeds referred to in paragraphs 58(b) and (c).

• (2) Foothills shall, in carrying out the inspection pursuant to subsection (1), evaluate the effectiveness of the measures referred to in that subsection 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.

• (3) 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.

Water Quality

60 Foothills shall not leave significant quantities of deleterious substances, as defined in the Fisheries Act for the purpose of sections 31, 33, 33.1 and 33.2 of that Act, sediment, silt or wood chips resulting from the construction of the pipeline in any area where they are likely to enter into any waterbody.

• 61 (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.

62 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.

63 Foothills shall, when requested by the designated officer and at such intervals as are satisfactory to him, sample the water receiving aqueous run-off or discharge resulting from the construction or operation of the pipeline and analyze its quality by a method satisfactory to the designated officer.

Air Quality

64 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.

65 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.

• 66 (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, and

  • (c) record the quantity and type of fuel consumed at that compressor station

  by a method and at times 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) and (b) and the record of the quantity and type of fuel consumed referred to in paragraph (1)(c).

Noise

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

68 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 section 70, whose continued existence is threatened in the areas of land and waterbodies set out in the list referred to in that section during the periods of time set out in the list in respect of such wildlife; and

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

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

• (2) Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs persons, wildlife or livestock referred to in section 68, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Wildlife

70 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.

71 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 set out in the list referred to in section 70 is minimized.

72 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.

• 73 (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 result of such monitoring.

74 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 71 is such that it does not minimize the adverse environmental impact on wildlife, or

• (b) the measures taken pursuant to section 72 are ineffective

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

75 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

• 76 (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.

77 Where Foothills prepares construction schedules for the pipeline, Foothills shall prepare the schedule in such a manner that when the construction of the pipeline is carried out any adverse impact of the construction of the pipeline 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 76(1) is minimized to the satisfaction of the designated officer.