West Path Delivery 2022 and 2023 Projects

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Attachment BC Environmental Assessment Office-Provincial Authority Advice Response

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of BC Environmental Assessment Office
  • Reference number: 34
  • Submitted: 2020-04-20
  • Hello Aleksandra and Andrea,   Thank you for seeking feedback from the EAO regarding IAAC’s designation request for West Path deliver 2022 and 2023. I would like to follow up from our brief phone call on this.   As discussed, we have been in communication with TC Energy about this proposed project. At this time, we understand that this project would not exceed any of the thresholds in our Reviewable Projects Regulation and therefore it would not require an assessment under our Environmental Assessment Act (2018). In addition, no Indigenous nation or other party has been in contact with us expressing any views or concerns on this project; in particularly, we have not received any designation request.   Lastly, as discussed, we are not a permitting agency. There are typically provincial permitting requirements on federally regulated projects; although I am not certain what specific requirements there may be for this project. I would recommend contacting the Oil and Gas Commission (Garth Thoroughgood) and the Ministry of Energy, Mines and Petroleum Resources (Michelle Schwabe) for more information and to seek feedback on this request.   Best regards,   Nathan Braun Executive Project Director Environmental Assessment Office Government of British Columbia OFFICE: 778-698-9280 MOBILE: <personal information removed>

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Attachment Stoney Nakoda Nations Information Response to IAAC

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Stoney Tribal Council
  • Reference number: 28
  • Submitted: 2020-04-13
  • Please see the attachment.
  • Attachment included
  • 1 Susan Tiege Impact Assessment Agency 1145-9700 Jasper Avenue Edmonton, Alberta, T5J 4C3 Canada April 13, 2020 Dear Ms. Tiege, RE: Request for further information pertaining to the Stoney Nakoda Nations request for designation of projects under the West Path Delivery Program This letter is sent on behalf of the Stoney Tribal Council. The Stoney Tribal Council represents the three distinct Nations of Stoney Nakoda Nations (“SNN”): Wesley First Nation, Bearspaw First Nation and Chiniki First Nation. The Chiefs and Councils of SNN have the authority to protect the collective rights and interests of SNN as recognized by Treaty 7 and the Natural Resources Transfer Act, 1930, protected by Section 35 of the Constitution Act, 1982 (“Section 35 Rights”). This letter is sent as a follow-up to the request for designation filed on February 21, 2020 by SNN to the Minister Johnathan Wilkinson and the Impact Assessment Agency (“IAAC”) for the four TC Energy projects that comprise the West Path Delivery Program1 and the subsequent conversations between SNN and the IAAC.2 On March 27, 2020, SNN was contacted by the IAAC enquiring if SNN intended to file further evidence of how the four projects will impact SNN’s Section 35 Rights. During this call SNN informed IAAC that this could not occur for several key reasons: 1) No provision of capacity As SNN noted in its initial letter sent on February 21, 2020, without the provision of capacity SNN is strangled in consultation process and is unable to meaningfully participate in consultation activities including identifying project-impacts to SNN’s Section 35 Rights. At this time, no capacity has been provided to SNN by the IAAC ...

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Attachment Parks Canada Agency-Federal Authority Advise Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Parks Canada Agency
  • Reference number: 19
  • Submitted: 2020-04-08
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Parks Canada Agency Lead Contact Heather Cherry Full Address Box 220, Radium, BC, V0A 1M0 Email Heather.Cherry2@canada.ca Telephone 236-334-6239 Alternate Departmental Contact 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? The Parks Canada Agency has not exercised any power, performed a duty or function, or taken any action that would enable the Project to proceed to-date. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? Yes. It is anticipated that the preferred route for the proposed Western Alberta System Mainline (WASML) Loop No. 2 Longview Section (Option A) segment of pipeline, 30km south of High River (West Path Delivery 2023 Project) is adjacent to an existing ROW through the Bar-U National Historic Site for a portion of that pipeline segment. The Bar-U National Historic Site comprises federal lands under the administration of the Parks Canada Agency, managed by the Waterton Lakes National Park (WLNP) Field Unit . Pursuant to the Real Property and Federal Immovables Act, land tenure agreements would be required for a new pipeline right-of-way through the National Historic Site. No ...

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Attachment Women and Gender Equality Canada-Federal Authority Advise Record Response

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Women and Gender Equality Canada
  • Reference number: 18
  • Submitted: 2020-04-07
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Women and gender Equality Canada (WAGE) Lead Contact Denise Gareau Full Address 22 Eddy Street, Gatineau QC Email CFC.EvaluationImpacts-ImpactsAssessment.SWC@cfc-swc.gc.ca Telephone 819-938-1132 Alternate Departmental Contact Debbie Gray 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. WAGE does not hold any regulatory power, function or duties 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. N/A 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? Specify as appropriate. N / A 4. Is your department or agency in possession of specialist or expert information or knowledge that may be relevant to any potential adverse effects within federal jurisdiction caused by the Project or adverse direct or incidental effects stemming from the Project? Specify as appropriate. WAGE holds expertise in the application of GBA+ and intersectional analysis as well as information ...

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Attachment Fisheries and Oceans Canada- Federal Authority Advise Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of DFO-MPO
  • Reference number: 24
  • Submitted: 2020-04-03
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Fisheries and Oceans Canada Lead Contact Lisa Wren Full Address 867 Lakeshore Rd. Burlington, ON L7S1A1 Email Lisa.wren@dfo-mpo.gc.ca Telephone Alternate Departmental Contact Michael Engelsjord (Michael.engelsjord@dfo-mpo.gc.ca) 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? A Species at Risk Act permit was issued by Fisheries and Oceans Canada to Stantec Consulting on February 27, 2020. The permit was to conduct initial fish community sampling for habitat a ssessment at proposed crossing locations. Permit number 19-HCAA-01917. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? A Fisheries Act paragraph 35(2)(b) Authorization will be required if the project is likely to cause the harmful alteration, disruption, or destruction to fish habitat and/or a Fisheries Act paragraph 34.4(2)(b) Authorization if the project is likely to result in the death of fish. The proponent should submit a Request for Review for DFO which outlines the specific impacts of the project on fish and fish habitat for review under the Fisheries Act. Fisheries and Oceans Canada also review projects for effects to listed ...

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Attachment BC Oil and Gas Commission- Provincial Authority Advice Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of BC Oil and Gas Commission
  • Reference number: 26
  • Submitted: 2020-04-03
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: March 11, 2020 Provincial Advice Record: Designation Request under IAA Response requested by March 29, 2020 West Path Delivery Program Ministry BC Oil and Gas Commission (Crown corporation) Lead Contact Garth Thoroughgood Full Address 2950 Jutland Road, Victoria BC, V8T 5K2 Email Garth.Thoroughgood@bcogc.ca Telephone 250-419-6601 Alternate Ministry Contact Hardy Friedrich, hardy.friedrich@bcogc.ca 1. In general terms, please confirm and describe your ministry’s role (if applicable) in the review of the Project. The British Columbia Oil and Gas Commission (BC OGC) is the single window regulator for oil and gas related activities including pipelines. For pipelines that are regulated by the Canadian Energy Regulator the BC OGC issues permits related to pipeline right-of-ways, roads and other works that may include stream crossings. 2. Please provide the contact information of the person or persons responsible for managing your ministry’s oversight of the Project (if different from lead contact above). See above. 3. Describe the provincial legislative or regulatory process or approvals administered by your ministry that may assess or manage the potential adverse effects of the Project. For each mechanism or approval, please provide information regarding the following:  Name of the process or authorization (e.g. certificate, licence, permit or approval) and the associated legislative framework;  Whether (for each) the authorization would set conditions and if yes, what issues would those conditions address;  Whether (for each) the authorization would require public and/or Indigenous consultation and if yes, provide information on the ...

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Attachment Employment and Social Development Canada-Federal Authority Advise Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Employment and Social Development Canada
  • Reference number: 22
  • Submitted: 2020-04-02
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada. (Uncertain at this time which programs may be able to assist to fund such a project). 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? N/A. ESDC does not participate in permitting processes 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? N/A Department/Agency Employment and Social Development Canada Lead Contact Brodie Berrigan Full Address 140 Place du Portage, Gatineau QC, K1A 0J9 Email Brodie.Berrigan@hrsdc-rhdcc.gc.ca Telephone 819 654 5599 Alternate Departmental Contact George Rae ...

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Attachment Environment and Climate Change Canada-Federal Authority Advise Record (see related document 11)

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Environment and Climate Change Canada
  • Reference number: 40
  • Submitted: 2020-04-02
  • Please see the attached submission.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Environment and Climate Change Canada (ECCC) Lead Contact Heather Konopski Full Address VIA Rail Station 123 Main Street, Winnipeg, MB R3C 1A3 Email Heather.Konopski@canada.ca Telephone 204-983-8080 Alternate Departmental Contact Jody Small: Jody.Small@canada.ca 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Par liament in relation to the Project; or taken any course of action ( inc luding prov ision of financial assis tance) that would allow the Project to proceed in whole or in part? Specify as appropriate. Based on the lim ited information provided, ECCC is not able to determine whether we have an interest in the project. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legis lative source. ECCC does not expect that it will be required to exerc ise a power or perform a duty or function related to the Project to enable it to proceed based on the Project Notifications. On ce the Agency establishes the scope of the project and of the assessment, ECCC may need to issue permits related to the M igratory B ird Convention Act (M BCA) and Species at Risk Act (SARA) as additional project activ ities or components could come into sco pe. 3. If your department or agency will exercise a power or ...

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Attachment Natural Resources Canada-Federal Authority Advise Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Natural Resources Canada
  • Reference number: 20
  • Submitted: 2020-04-01
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Natural Resources Canada Lead Contact Shelley Ball Full Address 588 Booth Street, Ottawa, ON Email shelley.ball@canada.ca Telephone 613-240-1696 Alternate Departmental Contact John Clarke 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. NRCan does not have an interest in the project, nor has it exercised a power, duty or function in relation to this project. The proposed pipeline is approximately 33 km in length, of which approximately 8.2 km will not be along an existing right of way. The length of the proposed pipeline is below the 40 km threshold for requiring Governor in Council approval under the Canada Energy Regulator Act. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. Based on the information provided, NRCan is unlikely to be required to exercise a power, duty, or function in relation to this project. 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous ...

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Attachment Canada Energy Regulator-Federal Authority Advise Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Canada Energy Regulator
  • Reference number: 25
  • Submitted: 2020-03-30
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Life Cycle Regulator Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Ministry Canada Energy Regulator Lead Contact Shannon Vollema, Director Facilities Adjudication, Central/North Full Address Canada Energy Regulator Suite 210, 517 Tenth Avenue SW Calgary, AB T2R 0A8 Email Shannon.Vollema@cer-rec.gc.ca Telephone 403-390-8634 Alternate Ministry Contact Kurt McAllister, Director Facilities Adjudication, West 1. In general terms, please confirm and describe your ministry’s role (if applicable) in the review of the Project. The Canada Energy Regulator (CER) is an independent energy regulatory body that is responsible for ensuring that pipeline, power line and offshore renewable energy projects within Parliament’s jurisdiction are constructed, operated and abandoned in a safe and secure manner that protects people, property and the environment. The CER regulates pipelines, energy development and trade in the Canadian public interest. The Commission of the CER (the Commission) is responsible for adjudicative decisions, operating as a quasi-judicial body that is arm’s length from other parts of the CER governance structure and Natural Resources Canada. The four proposed pipeline projects (the Projects) and associated facilities are subject to the requirements of the Canadian Energy Regulator Act (CER Act) and its regulations. The CER is a lifecycle regulator, and has regulatory oversight of the Projects through all lifecycle phases. This includes: • Early Engagement and Planning Phase • Application Phase • Construction Phase • Operation Phase • Abandonment ...

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Attachment Health Canada-Federal Authority Advise Record Response

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Health Canada
  • Reference number: 21
  • Submitted: 2020-03-30
  • Please see the attachment.
  • Attachment included
  • Page 1 of 2 Dear Andrea Raska, Thank you for your email dated March 10, 2020 requesting Health Canada’s comments on the request to designate the West Path Delivery 2022/2023 Projects under the Impact Assessment Act (IAA). Health Canada participates in the impact assessment process as a federal authority under the IAA. Health Canada makes available specialist or expert information or knowledge in its possession, at the request of the Impact Assessment Agency of Canada (the Agency), review panels, and responsible authorities, among others. The objective and scope of Health Canada’s review of the available information is to determine if the Projects have potential health impacts for the purpose of determining whether the Projects should be designated under the IAA. Health Canada has reviewed the information provided by the Agency and available on the Canadian Impact Assessment Registry. As requested by the Agency, Health Canada has provided input, where appropriate, in the attached Federal Authority Advice Record (FAAR). Should the Projects be designated under the IAA, Health Canada can provide expertise on issues that are addressed within its departmental mandate. Assessment Act for the West Path Delivery 2022/2023 Projects Subject: Health Canada’s Response to the Designation Request under the Impact V6C 3M2 Vancouver, BC Suite 210A, 757 West Hastings Street Pacific and Yukon Region Impact Assessment Agency of Canada Project Manager Andrea Raska March 30, 2020 T5J 4G3 Edmonton, AB Suite 910, 9700 Jasper Avenue Regulatory Operations and Enforcement Branch, Health Canada Environmental Health Program Page 2 of 2 ...

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Attachment Transport Canada-Federal Authority Advice Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Transport Canada
  • Reference number: 23
  • Submitted: 2020-03-27
  • Please see the attachment.
  • Attachment included
  • ATTACHMENT: Federal Authority Advice Record: Designation Request under IAA Response due by March 30, 2020 NGTL and Foothills West Path Delivery 2022/2023 Projects Department/Agency Transport Canada Lead Contact Amy Tran Full Address 344 Edmonton Street, Winnipeg MB R3C 0P6 Email Amy.tran@tc.gc.ca Telephone Alternate Departmental Contact Adam Downing 1. Has your department or agency considered whether it has an interest in the Project; exercised a power or performed a duty or function under any Act of Parliament in relation to the Project; or taken any course of action (including provision of financial assistance) that would allow the Project to proceed in whole or in part? Specify as appropriate. Transport Canada does not have an interest in the Project, or anticipate issuing any power, duty, or function that will enable the Project to proceed. 2. Is it probable that your department or agency may be required to exercise a power or perform a duty or function related to the Project to enable it to proceed? If yes, specify that power, duty or function and its legislative source. Transport Canada does not anticipate issuing any power, duty, or function that will enable the Project to proceed. 3. If your department or agency will exercise a power or perform a duty or function under any Act of Parliament in relation to the Project, will it involve public and Indigenous consultation? Specify as appropriate. N/A 4. Is your department or agency in possession of specialist or expert information or knowledge that may be relevant to any potential adverse effects within federal jurisdiction caused by the Project or adverse direct or incidental ...

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Attachment Alberta Energy Regulator- Provincial Authority Advice Record

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of Alberta Energy Regulator
  • Reference number: 27
  • Submitted: 2020-03-24
  • Please see the attachment.
  • Attachment included
  • March 24, 2020 By email only Greg Bosse, Project Manager, Prairie and Northern Region Impact Assessment Agency of Canada / Government of Canada 9700 Jasper Avenue, Suite 1145 Edmonton, AB T5J 4C3 Email: greg.bosse@canada.ca Dear Mr. Bosse: Further to your email of March 11, 2020, please be advised that the Alberta Energy Regulator (AER) will not provide advice to the Impact Assessment Agency of Canada on the following proposed projects: • NOVA Gas Transmission Ltd. West Path Delivery 2022, • Foothills Pipe Lines Ltd. Zone 8 West Path Delivery 2022, • Nova Gas Transmission Ltd. West Path Delivery 2023, and Foothills Pipe Lines Ltd. Zone 8 West Path Delivery 2023. As outlined in Alberta’s Oil and Gas Pipeline Regulation – At a Glance (Government of Alberta 2016), the primary regulator for these projects is the Canadian Energy Regulator, with secondary authorizations provided by Alberta Environment & Parks. It is outside of the AER’s jurisdiction to respond to any inquires relating to whether this project should be designated under the Impact Assessment Act, 2019. If you have any questions regarding the above matter, please contact Catrina Duffy at (780) 427-2671. Sincerely, Nellshah Khakoo Acting Manager, Authorizations Branch Alberta Energy Regulator NK/cd cc: Camille Almeida, AER Susan Tiege, IAAC Aleksandra Afanasyeva, IAAC <original signed by>

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Attachment Letter to Minister- Regarding Request for Designation West Path Delivery 2022 and 2023 Projects

  • West Path Delivery 2022 and 2023 Projects
  • Author: Administrator on behalf of TC Energy
  • Reference number: 29
  • Submitted: 2020-03-16
  • Please see the attachment.
  • Attachment included
  • 450 – 1 Street SW Calgary, Alberta T2P 5H1 Tel: (403) 920-2563 Fax: (403) 920-2347 Email: matthew_ducharme@tcenergy.com March 16, 2020 Environment and Climate Change Canada 200, Sacré-Coeur Blvd, 2nd Floor Gatineau, Quebec K1A 0H3 Canada Attention: The Honourable Jonathan Wilkinson Dear Minister Wilkinson: Re: Stoney Tribal Council Request for Designation NOVA Gas Transmission Ltd. (NGTL) & Foothills Pipe Lines (South B.C) Ltd. (Foothills) 2022 and 2023 West Path Delivery Projects NGTL and Foothills are in receipt of a letter submitted February 26, 2020 by the Stoney Tribal Council (STC), representing the three Nations of the Stoney Nakoda Nations (SNN): Wesley First Nation; Bearspaw First Nation; and Chiniki First Nation. In its letter, the SNN request that the Minister designate the following projects under Section 9 of the Impact Assessment Act (IA Act)1: • NGTL West Path Delivery 2022: 18 km of Nominal Pipe Size (NPS) 48 pipeline (Edson Mainline Loop No. 4 Raven River Section), 6 km of NPS 48 pipeline (Western Alberta System Mainline Loop No. 2 Alberta British Columbia Section), and the ABC Border Meter Station Expansion • Foothills Zone 8 West Path Delivery 2022: Approximately 4 km of NPS 48 pipeline (British Columbia Mainline Loop No. 2 Crowsnest Section) and 13 km of NPS 48 pipeline (British Columbia Mainline Loop No. 2 Yahk Section) • NGTL West Path Delivery 2023: Approximately 23 km NPS 48 pipeline (Western Alberta System Mainline Loop No. 2 Turner Valley Section), 7 km NPS 48 pipeline (Western Alberta System Mainline Loop No. 2 Lundbreck Section), and 10 km of NPS 48 pipeline (Western Alberta System Mainline Loop No. 2 Longview Section) • Foothills Zone 8 ...

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