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

• 146 (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 on such ground surface.

147 Where Foothills uses any granular materials for the construction of the pipeline, it shall use such granular materials in a manner satisfactory to the designated officer and compatible with any other use of such materials by persons residing in that portion of the Province through which the pipeline passes.

Blasting

148 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 the fishing, hunting, guiding or trapping

in the area through which the pipeline passes.

149 Foothills shall not blast within 20 m of any waterbody, swamp or marsh without the approval of the designated officer.

150 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

151 Foothills shall, when requested by the designated officer, submit to him site-specific data satisfactory to him on the hydrological or geotechnical conditions at any place where the pipeline crosses any waterbody.

• 152 (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 such manner as is satisfactory to the designated officer.

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

153 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.

154 Foothills shall,

• (a) in respect of every waterbody referred to in the list required to be submitted pursuant to section 94 in respect of the threatened existence of wildlife, and

• (b) in respect of every waterbody containing a fish habitat area referred to in the list required to be submitted pursuant to subsection 100(1),

in which groundwater contributes significantly to winterflow in or under the bed of that waterbody, take such measures as are satisfactory to the designated officer to maintain adequate winter groundwater and channel flow in such waterbody.

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

156 Where the natural action of a stream will not restore the bed of such stream to its original shape and extent after the completion of construction, Foothills shall, unless otherwise directed by the designated officer, take measures to restore the stream to its original shape and extent by using the original material of the stream bed or other material of equivalent stability.

Water Withdrawal, Water Discharge and Hydrostatic Testing

157 Where Foothills withdraws water from or discharges water into a waterbody, it shall withdraw or discharge the water in a manner satisfactory to the designated officer and in a manner that will not have an unreasonably 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 the water withdrawal is made or into which the discharge is made;

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

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

159 Foothills shall, when designing or operating a camp water system, compressor station water system, granular material washing system or any other water-related system, design or operate, as the case may be, that system in a manner that will minimize the use of water.

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

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

162 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.

163 Foothills shall, in a manner satisfactory to the officer, furnish him with the details in respect of each water withdrawal or discharge used for testing the pipeline.

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

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

• (b) to clean up the effect of any hydrostatic fluid that has been spilled.

165 Foothills shall not discharge any hydrostatic test fluid unless the fluid meets such standards of composition for such test fluid as are satisfactory to the designated officer.

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

Roads and Other Facilities

167 Where Foothills is required to submit to the designated officer for approval the design and location of any permanent 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 constructing, operating or abandonment of the 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.

168 Foothills shall maintain every road surface in such a manner that cross drainage is both efficient and effective without causing accelerated erosion or ponding.

169 Unless otherwise directed by the designated officer, Foothills shall install a bridge or culvert at every place where a road crosses a permanent or intermittent river or stream.

170 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.

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

172 Where Foothills builds any snow access road it shall

• (a) locate such road in a manner that minimizes disturbance to vegetation; and

• (b) breach such road, where necessary, in preparation for spring run-off.

• 173 (1) Where Foothills builds any ice bridge it shall locate such ice bridge in a manner that minimizes approach grades and cuts in the river or stream over which the bridge is built.

• (2) Foothills shall not use debris or fill in the construction of an ice bridge referred to in subsection (1).

Machinery, Transportation and Construction Equipment

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

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

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

Inspection and Monitoring

• 177 (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.

178 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.

Submission and Implementation of Environmental Plans

• 179 (1) Foothills shall submit to the designated officer for approval one or more plans or manuals that set out the procedures and measures by which Foothills intends to

  • (a) comply with this Part;

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

  • (c) carry out the protection of the environment other than by measures required by this Part.

• (2) Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a plan schedule for his approval that sets out the date each plan or manual referred to in subsection (1) is to be submitted to the designated officer.

• (3) The plan schedule referred to in subsection (2), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith.

180 Where the designated officer approves a procedure or measure set out in a plan or manual submitted by Foothills pursuant to subsection 179(1), Foothills shall thereupon carry out such procedure or measure.

181 Where, subsequent to the approval by the designated officer of any of the measures or procedures referred to in subsection 179(1), Foothills obtains any additional information of environmental significance relating thereto, Foothills shall forthwith report such information to the designated officer.

• 182 (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 plans or manuals referred to in subsection 179(1);

  • (b) construction scheduling and engineering design information necessary for a review and evaluation of the plans or manuals referred to in subsection 179(1);

  • (c) environmental information necessary to evaluate potential environmental impacts; and

  • (d) information in respect of the environment in the vicinity of the pipeline prior to the commencement of the construction of the pipeline necessary to measure any environmental impact.

• (2) When requested by the designated officer Foothills shall submit to him

  • (a) information in respect of those areas where thaw settlement may require measures to be taken to comply with section 73; and

  • (b) any studies, reports, analyses or other material on which the information submitted pursuant to sections 94 and 100 are 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 72, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.