Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Northern British Columbia (SI/81-22)

82 Foothills shall,

• (a) where a revegetation measure referred to in section 79 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.

• 83 (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 76, the rehabilitation measures referred to in section 78, the revegetation measures referred to in section 79 and the measures relating to noxious weeds referred to in paragraphs 82(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

84 Foothills shall not leave significant quantities of deleterious substances, as defined in the Fisheries Act for the purposes 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.

• 85 (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.

86 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.

87 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

88 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.

89 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.

• 90 (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

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

92 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 94, where 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.

• 93 (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 92, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Wildlife

94 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.

95 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 area and during any periods of time in respect of that area set out in the list referred to in section 94 is minimized.

96 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.

• 97 (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 results of the monitoring.

98 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 95 is such that it does not minimize the adverse environmental impact on wildlife, or

• (b) the measures taken pursuant to section 96 are ineffective

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

99 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

• 100 (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.

101 Where Foothills prepares construction schedules for the pipeline, Foothills shall prepare the schedules in such a manner that when the construction of the pipeline is carried out any adverse impact 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 100(1) is minimized to the satisfaction of the designated officer.

102 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.

103 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.

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

• (a) obstruct fish migration routes during any period set out in the list referred to in subsection 100(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.

105 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 100(1).

106 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.

• 107 (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 101,

  • (b) the measures referred to in sections 102, 105 and 106, and

  • (c) the practices referred to in section 103

  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).

108 Where, in the opinion of the designated officer, the measures or practices referred to in section 102, 103, 105 or 106 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Special Interest Areas

• 109 (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.

110 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.