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

• 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.

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.