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

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 candidate area, historical or archaeological site, any vertebrate palaeontological site or any 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 or burial ground.

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

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

• (b) analyze the archaeological and associated palaeoecological materials and vertebrate fossils

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

89 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 program referred to in section 88 are deposited with the government of the Province or are retained at a place and under such arrangements as are approved by that government.

• 90 (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 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

• 91 (1) Foothills shall take such measures as are satisfactory to the designated officer to avoid adverse environmental impacts on agricultural land.

• (2) Where any adverse environmental impact on agricultural land cannot be avoided, Foothills shall take such measures as are satisfactory to the designated officer to mitigate such impact.

92 Where soil on agricultural land is disturbed or removed during construction of the pipeline, Foothills shall,

• (a) unless otherwise directed by the landowner or tenant of the land, as soon as possible after the disturbance or removal, take such measures as are satisfactory to the landowner or tenant to stabilize the surface or replace such soil of such agricultural land and return the land, as far as practicable, to its previous level of productivity; and

• (b) avoid mixing topsoil with subsoil and placing rocks in the tillage zone.

93 Foothills shall, in carrying out any measures pursuant to section 91 or 92, ensure that any revegetation is designed to be compatible with existing agricultural uses.

94 Where Foothills has stabilized the surface of agricultural land and returned it as far as practicable to its previous level of productivity pursuant to paragraph 92(1)(a), and where required by the designated officer, Foothills shall

• (a) inspect agricultural land that may have been or may be affected by the construction of the pipeline; and

• (b) take remedial measures in respect of any agricultural land discovered by the inspection to be affected by the construction of the pipeline.

95 Where, as 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 owner or tenant, construct and maintain a gate in the fence for such access.

Clearing

97 Foothills shall minimize to the satisfaction of the designated officer any adverse environmental impact of any vegetation-clearing operations by Foothills, including such impact on erosion-sensitive terrain.

98 Foothills shall, in respect of the construction of the pipeline,

• (a) clear vegetation from only those areas essential for the construction;

• (b) when required by the designated officer, leave a buffer strip, satisfactory to him, of undisturbed vegetation

  • (i) between any area cleared of vegetation and an adjacent waterbody, and

  • (ii) between any area cleared of vegetation and an adjacent road; and

• (c) promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills.

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

100 Foothills shall take such measures as are satisfactory to the designated officer to minimize the impact of clearing operations on visual resources.

Fuel and Other Hazardous Material

• 101 (1) Foothills shall, in consultation with the government of the Province, establish a list setting out those persons designated by Foothills to receive notification from Foothills in respect of fuel or other hazardous material that has been spilled by Foothills during the construction or operation of the pipeline.

• (2) Foothills shall forthwith submit to the designated officer the names of the persons set out in the list referred to in subsection (1).

102 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 storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody described in the information referred to in section 72, any fish habitat described in the information referred to in section 77 or any harvesting area for aquatic or terrestrial fauna; 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.

• 103 (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 4 600 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) Where a dyke is required pursuant to subsection (1), Foothills shall submit to the designated officer a typical design of that dyke for approval.

• 104 (1) Foothills shall inspect, in a manner satisfactory to the designated officer, facilities used by Foothills to handle and store fuel and other hazardous material to determine whether there has been any loss of such fuel or hazardous material.

• (2) Where any loss of fuel or other hazardous material referred to in subsection (1) occurs, Foothills shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to clean up any spill resulting from such loss and to prevent further loss.

Waste Management

• 105 (1) Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where directed by the designated officer, treated in a manner satisfactory to him.

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

106 Foothills shall establish procedures satisfactory to the designated officer to prevent access by wildlife to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attraction of wildlife to such sites.

107 Foothills shall handle and dispose of any wastes containing a hazardous material in such manner as is satisfactory to the designated officer.

• 108 (1) Where required by the designated officer, Foothills shall

  • (a) inspect the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharge therefrom; and

  • (b) evaluate the effectiveness of its solid waste management procedures.

• (2) Foothills shall take such remedial measures in respect of solid waste management and liquid waste treatment as directed by the designated officer.

Granular Materials, Borrow Pits and Quarries

109 Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer

• (a) the disturbance of the environment in the vicinity of the borrow pit or quarry;

• (b) the amount of land used for the borrow pit or quarry; and

• (c) the amount of materials extracted from the borrow pit or quarry.

110 Foothills shall, in a manner satisfactory to the designated officer, close or reclaim any borrow pit or quarry used by it.

111 Foothills shall leave a buffer strip of undisturbed vegetation of a width that is satisfactory to the designated officer between any borrow pit or quarry that it opens and any adjacent road.

112 Where Foothills uses a borrow pit or quarry within or adjacent to a waterbody, swamp, marsh, bog or fen, Foothills shall take such measures as are satisfactory to the designated officer to protect wildlife, wildlife habitat and fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

Blasting

113 Foothills shall establish blasting procedures and schedules satisfactory to the designated officer to minimize

• (a) any adverse effects on aquatic organisms, wildlife or livestock, and

• (b) any interference with hunting, trapping, farming or grazing,

in the area through which the pipeline passes.

114 Foothills shall minimize, to the extent possible, blasting in or adjacent to any waterbody, swamp, marsh, bog or fen.

115 Where Foothills intends to blast, it shall advise persons living in the vicinity of its intention and of the time of intended blasting.

Water Crossings

116 Foothills shall, when submitting construction schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristics of any water crossing by the pipeline.

117 Where Foothills submits a site-specific design for a water crossing to the designated officer for approval, Foothills shall include in such submission information on the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

118 Foothills shall, unless otherwise directed by the designated officer, on completion of any construction across a stream, restore in a manner satisfactory to the designated officer the natural drainage of the area affected by such construction.

119 Where water at any place where the pipeline crosses a waterbody is required by

• (a) persons who are licensed or authorized by the government of the Province to use such water,

• (b) holders of riparian rights, or

• (c) the Government of Canada and the government of the Province for international or interprovincial obligations in respect of water,

Foothills shall not, during the construction or operation of the pipeline, interfere with the quality, quantity or level of that water.

120 Foothills shall, in a manner satisfactory to the designated officer, regularly inspect and, when requested by the designated officer, monitor each place where the pipeline crosses a waterbody.

Water Withdrawal, Water Discharge and Hydrostatic Testing

121 Foothills shall, prior to withdrawing, diverting or impounding quantities of water from or discharging quantities of water into any waterbody or groundwater system, ensure to the satisfaction of the designated officer that water withdrawals and discharges 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 water from 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;

• (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;

• (g) the rights of persons to water where those rights have been granted by the government of the Province; and

• (h) any international or interprovincial obligations of the Government of Canada or of the government of the Province.