Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

• 128. (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).

129. 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.

130. Foothills shall,

• (a) in respect of every waterbody referred to in the list required to be submitted pursuant to section 70 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 76(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.

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

132. 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.

133. 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.