Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Province of Saskatchewan (SI/81-23)

54 Where, in this Part, Foothills is required to make plans, take measures or implement procedures in respect of the environment, Foothills shall

• (a) incorporate in such plans, measures and procedures those environmental practices and measures ordinarily followed in constructing and operating pipelines in the Province; and

• (b) comply with those standards established under the laws of the Province that are applicable to any pipeline constructed and operated under the laws of the Province except where such standards are inconsistent with the Act, any terms and conditions made thereunder or any other law of Canada.

Terrain, Landscape and Waterbodies

• 55 (1) Foothills shall minimize, to the satisfaction of the designated officer, the areas of land and the waterbodies to be used in the construction of the pipeline and the physical disturbance of any land or waterbody so used.

• (2) Foothills shall take measures in the planning and construction of the pipeline to 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.

56 Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval it 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 or any sandy terrain with a thin layer of topsoil through which the pipeline is proposed to pass.

Prevention of Erosion and Drainage Disturbances

57 Foothills shall submit to the designated officer information in respect of those areas in which, and the periods of time in respect of those areas during which, the terrain through which the pipeline will pass may be particularly sensitive to erosion.

58 Foothills shall, in the planning and construction of the pipeline, take such measures as are satisfactory to the designated officer to minimize the amount of construction in any area and during any period in respect of that area described in the information referred to in section 57.

59 Foothills shall design and implement such erosion control measures as are satisfactory to the designated officer to protect the pipeline, minimize interference with any other use of land or water and to protect the environment of any area through which the pipeline passes.

Reclamation and Revegetation

60 Foothills shall implement such measures as are satisfactory to the designated officer to reclaim land, other than land used for the production of cereal crops, disturbed by the construction or operation of the pipeline to a level of productivity equal to or greater than that existing before construction.

61 Foothills shall take measures to revegetate land to the satisfaction of the designated officer, other than land used for the production of cereal crops, disturbed by the construction or operation of the pipeline as soon as practicable and in a manner that complements any other measures Foothills takes to control drainage and erosion.

62 Where land is to be revegetated pursuant to section 61, Foothills shall revegetate such land with species of plants similar to the species disturbed or, where it is not possible to revegetate with such species of plants, Foothills shall use seeds of certified status, satisfactory to the designated officer.

63 Where land is to be reclaimed pursuant to section 60 or revegetated pursuant to section 61, Foothills shall give priority to the following objectives:

• (a) the control of erosion and its impact, and

• (b) the restoration of the aesthetic value of the land and its grazing or forage production capabilities

and such priority shall be given in the order set out in paragraphs (a) and (b).

• 64 (1) Foothills shall from time to time inspect the erosion control measures referred to in section 59, the reclamation measures in section 60 and the revegetation measures referred to in section 61 and evaluate the effectiveness of such measures.

• (2) 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.

Air Quality

65 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, in a manner satisfactory to the designated officer, include in the submission the measures it proposes

• (a) to control air pollution 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.

66 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; and

• (c) livestock.

• 67 (1) Foothills shall, at each compressor station selected by the designated officer, sample and analyze air quality in the vicinity of that compressor station by a method and at times satisfactory to the designated officer.

• (2) Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis referred to in subsection (1).

Noise

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

69 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 in section 72, whose continued existence is threatened in the areas of land and waterbodies set out in the information referred to in that section during the periods of time described in the information with respect to such wildlife; and

• (c) any livestock kept in a confined area in the vicinity of the pipeline right-of-way prior to the construction of the pipeline.

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

• (2) Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs or is likely to disturb the persons, wildlife or livestock referred to in section 69, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Rare and Endangered Species

71 Where, in any area through which the pipeline passes, there is any species of flora or fauna that, in the opinion of the designated officer,

• (a) exists in such small numbers or exists in such a restricted area that its survival is threatened,

• (b) is likely to become endangered unless the factors affecting its vulnerability are not reversed, or

• (c) is threatened with immediate extinction through all or a significant portion of its range owing to the action of man,

and which may be threatened by the construction or operation of the pipeline, Foothills shall take such measures as are satisfactory to the designated officer to minimize any impact on such area that may have an adverse effect on such species.

Wildlife

72 Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him information satisfactory to him in respect of 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.

73 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 described in the information referred to in section 72 is minimized.

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

• (a) to prevent big game animals from being obstructed or entrapped by the construction of the pipeline; and

• (b) to prevent unreasonable interference with trapping in the vicinity of the pipeline.

• 75 (1) Foothills shall, from time to time during construction of the pipeline, inspect those areas described in the information referred to in paragraph 72(a).

• (2) Foothills shall, in carrying out an inspection referred to in subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on wildlife and shall, when requested by the designated officer, report to him the results of the evaluation.

76 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 73 is such that it does not minimize the adverse impact on wildlife, or

• (b) the measures taken pursuant to paragraph 74(a) are ineffective,

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

Fisheries

• 77 (1) Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him information satisfactory to him in respect of 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 habitat, as those words are defined in the Fisheries Act for the purposes of sections 31, 33, 33.1 and 33.2 of that Act, 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 migration of fish.

78 Foothills shall in a manner satisfactory to the designated officer prepare construction schedules for the pipeline to ensure that when the construction of the pipeline is being carried out the adverse impact on the fish in any fish habitat and during any periods of time in respect of that habitat described in the information referred to in subsection 77(1) is minimized.

79 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 fish, 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 effects on fish and fish habitat.

80 Foothills shall implement construction and operation practices to protect, to the extent practicable, fish and fish habitat against any adverse effects of siltation, excavation of granular materials, spills of fuel or toxic chemicals, changes in water temperature and chemistry or the reduction of dissolved oxygen in any waterbody through which the pipeline passes.

• 81 (1) Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, during any period described in the information referred to in subsection 77(1) withdraw water from overwintering areas or from groundwater directly replenishing those areas.

• (2) Where Foothills, in constructing the pipeline, obstructs fish migration routes by any blockage, diversion or prolonged acceleration of water flow, Foothills shall install devices to ensure the passage of such fish.

82 Foothills shall take such measures as are satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, sport or commercial fishing.

83 Foothills shall inspect pipeline stream crossings for evidence of deterioration in bank stability and stream bed condition and, where required by the designated officer, take such measures as are satisfactory to him to mitigate any adverse environmental impact thereon.

Special Interest Areas

84 Prior to the commencement of construction, Foothills shall conduct, in a manner satisfactory to the designated officer, a historic resources investigation program in respect of the area through which the pipeline passes.

• 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 passes through 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 or salvage the natural and cultural values of that area.