Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Province of Alberta (SI/80-127)

82 Foothills shall, unless otherwise directed by the designated officer, salvage topsoil on any agricultural land that it has disturbed during the construction of the pipeline.

Clearing

83 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.

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

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

• (b) cut, deck and arrange utilization of merchantable coniferous timber cleared by Foothills in such manner as is satisfactory to the designated officer;

• (c) where required by the designated officer, leave a buffer strip, satisfactory to the designated officer, 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

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

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

86 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

87 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 62, any fish habitat described in the information referred to in subsection 66(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.

• 88 (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 52 m³ in capacity, Foothills shall surround that area by reinforced concrete or an earth dyke lined with plastic or other impervious material.

• (2) Foothills shall submit to the designated officer for approval the design of a dyke referred to in subsection (1) and of the area that it surrounds.

• 89 (1) Foothills shall inspect in such manner as is satisfactory to the designated officer facilities to handle and store fuel and other hazardous material to detect 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 prevent further loss.

Waste Management

• 90 (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 required 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.

91 Foothills shall establish procedures satisfactory to the designated officer to prevent access by fur-bearing carnivores or bears to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attractiveness of such sites to such carnivores or bears.

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

• 93 (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

94 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 a borrow pit or quarry.

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

96 Foothills shall not extract granular materials from the bed of a waterbody unless that part of the bed of the waterbody from which such materials are to be extracted is dry.

97 Foothills shall leave a buffer strip that is at least 100 m wide of undisturbed vegetation between a borrow pit or quarry that it opens and any adjacent road.

98 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 designed officer to protect fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

Blasting

99 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 fishing, hunting or trapping

in the area through which the pipeline passes.

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

Water Crossings

101 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 or any water crossing by the pipeline.

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

Water Withdrawal, Water Discharge and Hydrostatic Testing

103 Foothills shall, prior to withdrawing significant quantities of water from or discharging significant quantities of water into any waterbody or groundwater system, ensure to the satisfaction of the designated officer that such 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; 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.

• 104 (1) Foothills shall, when designing or operating a camp water system, compressor station water system, granular materials washing system or any other water related system, design or operate the system, as the case may be, in a manner that will minimize the use of water.

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

105 Foothills shall appoint a qualified person to supervise the withdrawal or discharge of water used by Foothills for constructing or testing the pipeline.

106 Foothills shall, in a manner satisfactory to the designated officer, provide site-specific information in respect of each water withdrawal or discharge used for constructing or testing the pipeline.

107 Foothills shall establish procedures satisfactory to the designated officer

• (a) to avoid spilling any test fluid used by Foothills other than a spill caused by the failure of a pipe when being tested; and

• (b) to contain and remedy the effect of any test fluid that has been spilled.

108 Foothills shall prevent water used by it for hydrostatic testing from being transferred from the Peace — Athabasca, Saskatchewan or Columbia watershed to any other watershed.

• 109 (1) Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative.

• (2) Foothills shall appoint qualified personnel to supervise all hydrostatic tests of the pipeline.

Roads and Other Facilities

• 110 (1) Subject to subsection (2), Foothills shall,

  • (a) when designing any access road or facility for use in any locality or region in the area through which the pipeline passes, or

  • (b) during the construction or operation of any access road or facility in any locality or region in that area,

  take into account, in a manner satisfactory to the designated officer, the local and regional environment.

• (2) Subsection (1) does not apply to an access road or facility on the pipeline right-of-way.

111 Foothills shall consult with the government of the Province in respect of

• (a) the road network required for the pipeline; and

• (b) the nature, location and use of any

  • (i) storage area,

  • (ii) camp site,

  • (iii) staging area, or

  • (iv) facility site.

112 Foothills shall, unless the designated officer otherwise directs, render any access road built by it, other than a road to be used by Foothills in the maintenance of the pipeline, impassable in a manner satisfactory to the designated officer.

Machinery, Transportation and Construction Equipment

113 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 in respect of that waterbody.

Inspection and Monitoring

• 114 (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.

115 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.

Protection of Shelter Belts

• 116 (1) Foothills shall, where practicable, avoid the removal of any trees or shrubs from any shelter belt or wind break on any agricultural land.

• (2) Where, in the construction of the pipeline, Foothills removes trees or shrubs from a shelter belt or wind break on any agricultural land, Foothills shall take such remedial measures as are satisfactory to the landowner or tenant of the land as soon as possible after the removal.

Forest Fire Prevention and Suppression

117 Foothills shall develop such measures as are satisfactory to the designated officer for forest fire prevention and suppression.