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)

78 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 significant fish populations, 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 significant fish populations and fish habitat.

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

80 Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer,

• (a) obstruct fish migration routes during any periods set out in the list referred to in subsection 76(1) by any blockage, diversion or prolonged acceleration of water flow; or

• (b) during such period, withdraw water from overwintering areas or from groundwater directly replenishing those areas.

81 Where Foothills places a culvert in a waterbody frequented by fish populations, Foothills shall take such measures as are satisfactory to the designated officer to allow the passage of fish populations through the culvert during any period set out in the list referred to in subsection 76(1).

82 Foothills shall take measures satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with any domestic, commercial or sport fishing or adversely affecting any fishing area in any area through which the pipeline passes.

• 83 (1) When requested by the designated officer, Foothills shall, in a manner satisfactory to him, monitor fish movements and fish habitat utilization during the construction of the pipeline.

• (2) Foothills shall, in carrying out the monitoring referred to in subsection (1), evaluate the effectiveness of

  • (a) the construction schedule referred to in section 77,

  • (b) the measures referred to in sections 78, 81 and 82, and

  • (c) the practices referred to in section 79

  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 monitoring referred to in subsection (1).

84 Where, in the opinion of the designated officer, the measures or practices referred to in section 78, 79, 81 or 82 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Special Interest Areas

• 85 (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.

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

87 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, archaeological site or burial ground.

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

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

• (b) analyze archaeological and associated palaeoecological materials

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

89 Foothills shall, at any time at the request of the designated officer and at the termination of the archaeological program referred to in section 88, submit to the designated officer a report satisfactory to the designated officer of the results of that program.

90 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 88 are retained at a place and under such arrangements as are approved by the government of the Province.

91 Foothills shall immediately report any discovery of a historical or archaeological site to the designated officer and shall not disturb the site without his prior approval.

• 92 (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 the 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

93 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.

94 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 return it, as far as is practicable, to its previous level of productivity.

95 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.

96 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.

97 Where Foothills has stabilized the surface of agricultural land and returned it as far as is practicable to its previous level of productivity pursuant to section 94, 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, within a reasonable period of time, 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 affected by the pipeline.

Clearing

98 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.

99 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 measures satisfactory to the designated officer to minimize windthrow in buffer strips.

• 100 (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.

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

102 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

103 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 set out in the list referred to in section 70, any fish habitat set out in the list referred to in subsection 76(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.

104 Foothills shall not, in constructing the pipeline,

• (a) use bladder tanks to store fuel; or

• (b) store fuel within 300 m of a waterbody unless it has obtained the approval of the designated officer.

• 105 (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 5 000 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) Where Foothills stores more than 5 000 l of fuel in storage facilities at any place, it shall

  • (a) establish procedures satisfactory to the designated officer to detect any loss of fuel from such storage facilities; and

  • (b) record all fuel transfers to and from such facilities.

• (2) Where Foothills determines that a loss of fuel has occurred from a storage facility referred to in subsection (1), it shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss.

• 107 (1) Foothills shall establish procedures satisfactory to the designated officer to detect any loss of hazardous material at any storage or handling facility used by Foothills.

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

108 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

• 109 (1) Foothills shall collect any liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline and, where required by the designated officer, treat them in a manner satisfactory to the designated officer.

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