Compliance Verification Activity Report: CV2324-117 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector In Training 3102T
• Inspector 2507

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• INC2023-127

Rationale and scope:

Environmental inspection of ongoing construction on Spread 6 of the Trans Mountain Expansion Project. The scope was focused on watercourse crossings, implementation of erosion and sediment control measures, dewatering requirements, Sites of Indigenous Significance (SIS) and reclamation.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (1)
• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project dated September 2019
• Project-specific plan or procedure
• Environmental Plans Volume 7 Resource Specific Mitigation Tables Spread 6 KP 1075.10 to KP 1144.48 for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project March 2020 Rev 6
• Project-specific plan or procedure
• Environmental Plans Volume 7 Resource Specific Mitigation Tables Spread 6 KP 1075.10 to KP 1144.48 for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project March 2020 Rev 6
• Project-specific plan or procedure
• Environmental Plans Volume 8 - Environmental Alignment Sheet Package for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project NEB Condition 72 March 2020 Rev 6
• Project-specific plan or procedure
• TMEP Environmental Protection Plan, s.12 Traditional Land Use Sites Discovery Contingency Plan
• Project-specific plan or procedure
• OC-065, c. 43 Watercourse Crossing Inventory

Regulatory instrument number(s):

• OC-065

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2023-08-29 08:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Restoration
• Wildlife
• Direct Mortality
• Vegetation
• Invasive Plant Management
• General
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Bridal Veil Falls Provincial Park (KP 1076+550)

• Site was recently reclaimed, with lots of large coarse woody debris (CWD) present along the access and right-of-way (ROW).
• Oregon Forest Snail (OFS) exclusion fencing and sandbags in good condition.
• A company representative stated that the planted areas (including stinging nettle and shrubs) in the fenced OFS habitat are watered frequently.
• Some CWD and leaf litter was incorporated in the fenced OFS habitat, although a company representative stated that they may have to use mulch as they are currently having trouble obtaining enough leaf litter.
• Two OFS were observed just off-ROW outside the exclusion fencing.
• Observed a previously noted area of subsidence in the creek that had been repaired.
• BC-707a was grubbed where the vehicle access was previously located. The company representative was not sure if this part was seeded although confirmed that the other areas were seeded and covered with erosion control blankets. Regvegetation was noted in this area.
• Rock wall protection berms were installed in a section of ROW that is landslide-prone; spaces were left between the berms for drainage.

• The dewatering discharge location was changed from Elk Creek to BC-712 and BC-713a (bar ditches) due to an increase in the volume of water being pumped.
• Observed tiger dams in the cranberry bog which were installed by Trans Mountain.
• Turbidity and iron levels in the discharged water are monitored every hour.
• CER Inspection Officers (IOs) reviewed the contractor’s pump-off monitoring forms and noted that nighttime monitoring was infrequent (averaging 1-2 times per night). A company representative stated that if it is safe to conduct a monitoring shift throughout the night, they do more of a ‘line check’ as opposed to turbidity and iron monitoring due to safety concerns.

• Work activity happening at the time of the inspection included disassembling a trench box, tie-ins, ditch backfill, and unloading pipe.
• Using the ‘stove piping’ method where pipe segments are installed one at a time.
• Trans Mountain has been working at this site for three years, starting with the Sumas River Line Replacement Project. A company representative noted access mats remained from this project which is why some of them were in poor condition.
• Company representatives stated that a Redtail Hawk had delayed work for awhile as they waited for it to leave the site.
• Topsoil piles were covered with tarps and labeled.
• Reviewed the Level 1 cleaning logbook, which is not currently required as topsoil is stripped. There were only four entries since 27 June 2023, with the last one on 2 August 2023. A company representative stated that topsoil was stripped from the site within the last six weeks. 

• The area was stripped and graded for the pipe install, and workers were using a hydrovac to expose Line 1 in preparation for ditching.
• Observed a large slurry pit where hydrovac materials were dumped.
• During the inspection, two Japanese Knotweed plants were identified just off-RoW requiring signage. A company representative took note of the plant locations.
• Observed a number of archaeological sites in the vicinity of this location which were delineated with pink ribbon, most of which only require monitoring.
• IOs requested and received an updated copy of the erosion and sediment control plan for SF-14 East.

• Workers were preparing to continue screening and processing soil piles for artifacts from soil sourced from KP 1127.5 over an approximately 10x60 m area.
• A two-lift system is being implemented at KP 1127.5 and soil has been stripped to a depth of approximately 80 cm.
• A company representative stated that they had so far discovered more than 1000 lithics at this location.
• The laydown area was previously used for road bores which had since been completed. A company representative stated that soil is processed on site in areas with other archaeological site finds.
• The inspection team attended the morning tailgate meeting and signed off on an FLHA for the power screener machine.
• Any solids found in the soil piles will be moved to separate areas using a skid steer.
• Several soil piles were covered with tarps while waiting to be processed.
• A logbook at the Level 3 boot cleaning station had previously been filled out by workers but was not currently required as topsoil had been stripped.

Compliance tool used: No compliance tool used

Observation 2 - Watercourses

Date & time of visit: 2023-08-29 08:00

Discipline: Environmental Protection

Categories:

• Surface Water Management
• Surface Water Management Plan
• Water Bodies - Non-Fish-bearing
• Sedimentation/Turbidity
• Reclamation
• Erosion
• Temporary Access Structures
• Water Bodies - Fish-bearing
• Direct Mortality of Fish
• Sedimentation/Turbidity
• Destruction/Loss of Habitat
• Reclamation
• Erosion

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

BC-715 Chilliwack Creek Area

• A company representative walked the inspection group through recent incidents that took place at this location:
  • INC2023-126
  • INC2023-127
  • INC2023-128
  • INC2023-131
  • INC2023-136
• IOs did not note any concerns with corrective actions taken, incident follow-up is being continued under CV2324-258 and CV2324-259.

• Observed where a pipeline upheaval occurred in the channel bed during a pipe-pull activity.
• A company representative stated that they are currently waiting on Engineering to do a final sign-off on the crossing.
• It was further stated that wildlife specialists assessed the upheaval and determined that it would be more invasive to remove it, and it may create habitat for fish and turtles. The risk of scour is low.
• IOs requested a copy of Trans Mountain’s environmental investigation report as well as the resource specialist habitat assessment of the pipeline upheaval.
• A nearby archaeological site that was discovered during construction was fenced off with double T post and ribbon.
• IOs reviewed the as-built drawing and archaeological site plan kept in a plastic tube and noted that there were no measurements on the as-built (mitigation states that workers must be notified if posts are moved). When questioned how they would know if posts have been moved, an Indigenous Monitor stated that they have access to the required GPS coordinates.
• Topsoil piles on the east side of the slough in the eco village were covered with fall rye, and some weeds had been sprayed on topsoil piles on the non-organic side. Topsoil piles on the organic side were covered with tarps. An 8 m buffer was maintained between the tarped and sprayed topsoil piles on organic vs. non-organic land.
• IOs reviewed the cleaning station logbook for the Level 2 cleaning station off of SF 19 on the west side of Stewart Slough (water only, sign stated the requirement to clean boots before walking on topsoil). It was noted that the logbook was last signed on 31 July 2023, a company representative stated that most workers come over from the access on the other side of Stewart Slough where they would be required to clean their boots.
• IOs reviewed the cleaning station logbook for the Level 2 cleaning station (titled ‘boot cleaning station’) at the access on the east side of Stewart Slough. The sign at the cleaning station said ‘clean before entry’ but did not explicitly state that the requirement was to clean boots only if walking on topsoil. It was noted that there were only four entries, including one entry on 14 August 2023, one entry on 22 August 2023, and two entries on 23 August 2023 where the two workers were observed filling out the logbook as the inspection team entered the site.
• A worker was observed walking where there was unstripped topsoil from the east to west side of Stewart Slough who was not one of the two workers observed signing the logbook when the inspection team arrived at the east access side. Please refer to the observation titled ‘Corrected Non-Compliance’.
• IOs requested and received a copy of the Line List for the Yarrow Eco Village, no concerns.

• BC-726c was stripped and graded over, and drainage will be restored during reclamation.
• A section of exclusion fencing was in disrepair near the 100 m fueling sign, a company representative logged it to be fixed.
• Two layers of wing walls were installed behind the RBZ topsoil.
• Erosion control blankets covered both slopes.
• Poly sheeting covered part of the drainage bed leading from the culvert into vegetation off-ROW.
• Some garbage, water and debris were noted in a nearby contingency tank, Trans Mountain provided photographic evidence that it had been cleaned up. No further concerns.
• IOs noted that the supports on one side of the ramp and culvert at BC-727e were leaning heavily outward and requested that Trans Mountain provide an assessment of the structural integrity and safety of the crossing. The Chief Inspector indicated that the flume pipe, rig mat and digging mats were not associated with the ramp crossing and the integrity of the travel lane. No further concerns.

• Open cut crossing and initial clean-up were completed in the previous two weeks, and workers were currently installing a slide rail in the vicinity.
• A company representative stated that they plan on bringing in smaller and more rounded rock to make the channel bed less homogenous, and the current rock installed is for scour protection.
• Four more tiers of coir wrap/logs will be installed as part of reclamation work.
• A company representative stated that the CWD for this site is being stored at the top of the bank (was not observed).
• Spare piles of untreated coir logs, erosion control blankets, foam pillows, and sandbags were placed along the edge of the access ramp.
• Observed clear netting installed across the channel as exclusion fencing for the Pacific Water Shrew.
• A small soil/vegetation pile on the embankment was covered with a green tarp weighed down with rocks.
• There were some fallen posts in the channel; a company representative indicated that clean-up work will be resuming at this location soon.
• Old soil stabilization material (mesh) and geotextile from Line 1 was poking through soil at the channel bed, a company representative stated that although it is the responsibility of the Trans Mountain operations department, they would request it to be fixed during other reclamation activities.
• IOs reviewed the site-specific watercourse crossing execution plan while on site and noted that the company plans to use reclamation method D at this location.
• Observed a pump-off location up hill not currently in use, filter bag and pump-off plan were still in place.
• IOs noted that the supports on one side of the vehicle crossing were tilting outward, and requested Trans Mountain to provide an assessment of the structural integrity and safety of the crossing. Trans Mountain provided a response on 18 of September 2023, no further concerns.

• Segregated topsoil piles were noted at the top of the hill (e.g., labelled as “archy”, “side hill”), the “archy” pile had been hydroseeded.
• Isolation installation was completed the previous week and workers were now in the process of installing pipe on the west bank.
• Initial reclamation work was completed, diversion berms and CWD will be installed after pipe installation is complete.
• Planting of the riparian area will occur next year.
• Erosion control blankets, coconut matting, soil wrap and sediment fencing were installed along the banks while gravel, boulders of varying size and logs were placed within the creek bed (low flow).
• Steep bank on the east side was stripped and covered with poly sheeting, and company representatives stated that permanent sheet piling will be installed along the bank at the landowner’s request.
• IOs requested and received a copy of the site-specific watercourse crossing execution plan.
• Sediment fencing was in disrepair in a few locations, including the wing walls on both the east and west sides of the access ramp and along the boundary line (including a section going into the watercourse), please see the observation ‘Notice of Non-Compliance’.
• IOs noted that part of the east slope leading from the poly sheeting to the open excavation was exposed with inadequate erosion and sediment control, company representatives stated that they would not be working on this side of the crossing until the next week. Please see the observation ‘Notice of Non-Compliance’.

• Drilling of the watercourse crossing is complete and crews are now tying in.
• Aggregate had overwhelmed a section of sediment fencing near the top of a steep access road, a company representative stated that it had already been noted in the corrective action log and read the note to the IOs.
• Large trunks and CWD stored along the side of the ROW under mesh.
• RBZ ribbon was kept in place on a tree as well as a fence post in a cleared area where work was occurring, a company representative stated that they were trying to keep a straight line for worker awareness of the RBZ area.
• Rows of sediment fences were installed across the new ROW down both steep slopes leading to the creek and poly sheeting covered topsoil piles.
• A company representative stated that they will be creating diversion berms that key into the existing Line 1 berms.
• Mesh was placed over bush as a bird deterrent to prevent nesting.

• Reclamation mostly complete as of June, watercourse crossings were hydroseeded and left ‘rough’ as better habitat for the OFS.
• A company representative stated that they were considering planting stinging nettle at this location as preferred vegetation of the OFS.
• Planting of the riparian area is currently planned for next spring.
• Some waddles installed across the slopes.
• Mix of small and large CWD was spread across the slopes, however some will be removed at the landowner’s request.
• A company representative stated that they have been conducting regular inspections at these locations, particularly after large rain events.

• Over the last few days workers had backfilled and rough graded the site.
• Next steps include final grade, installing diversion berms and seeding the area.
• Erosion control blanket installed over the culvert, with a few large clumps of soil sitting on top. Company representatives could not confirm why the clumps were there (i.e., if they were intentional or not).
• A spill kit, fire extinguisher and generator placed in secondary containment were directly adjacent to the watercourse crossing on the edge of the access.
• IOs reviewed the site-specific watercourse crossing execution plan while on site and noted that the company plans to use reclamation method D at this location.

Compliance tool used: No compliance tool used

Observation 3 - Corrected Non-Compliance - Level 2 Cleaning Station

Date & time of visit: 2023-08-30 09:30

Discipline: Environmental Protection

Categories:

• Vegetation
• Access Control

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

• CER IOs reviewed the cleaning station logbook for the Level 2 cleaning station off of SF 19 on the west side of Stewart Slough (water only, sign stated the requirement to clean boots before walking on topsoil). It was noted that the logbook was last signed on 31 July 2023, a company representative stated that most workers come over from the access on the other side of Stewart Slough where they would be required to clean their boots.
• IOs reviewed the cleaning station logbook for the Level 2 cleaning station (titled ‘boot cleaning station’) at the access on the east side of Stewart Slough. The sign at the cleaning station said ‘clean before entry’ but did not explicitly state that the requirement was to clean boots only if walking on topsoil. It was noted that there were only four entries, including one entry on 14 August 2023, one entry on 22 August 2023, and two entries on 23 August 2023 where the two workers were observed filling out the logbook as the inspection team entered the site.
• A worker was observed walking where there was unstripped topsoil from the east to the west side of Stewart Slough who was not one of the two workers observed signing the logbook when the inspection team arrived at the east access side.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project dated September 2019

Relevant section(s):

• Appendix G – Consolidation of Environmental Management Plans 2. Socio-Economic Management 2.3 Biosecurity Management Plan 2.3.3 Cleaning and Sanitation Where contact cannot be avoided, practicing good sanitation (cleaning, washing and disinfection) of machinery, equipment and foot wear is the primary method that will restrict the movement of potentially infested soil and soil-borne pathogens, weeds and pests along the Project. Measures to prevent or mitigate the potential spread or introduction of noxious/prohibited noxious/invasive weeds, soil-borne pathogens and other crop pests, or aquatic pests will be implemented based on the determined level of risk associated with each location. Levels 1, 2 and 3 cleaning measures described in Table G.2-3 are elaborated on in more detail as follows. When cleaning is conducted at a cleaning station, a record of inspection must be completed. Ensure cleaning is completed in designated areas and a visual inspection of the equipment or vehicles is completed before leaving the site. For equipment and vehicles, a cleaning log will be maintained to document all Level 1 cleanings and a record of cleaning must be completed for each vehicle or piece of equipment that is Level 2 and/or 3 cleaned at each station.

Company action required:

IOs received confirmation during the inspection that the contractor installed 'no entry' and 'topsoil, level 2 cleaning required' signage on both sides of Stewart Slough crossing to prevent workers from crossing it without proper cleaning.

Due date: 2023-08-30

Date closed: 2023-09-21
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 4 - Notice of Non-Compliance - Wingwalls and Sediment Fence down at Coligny Creek

Date & time of visit: 2023-08-29 10:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Reclamation
• Erosion

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

During the inspection of Coligny Creek (BC-736 KP1129) the CER inspection team identified wingwalls not attached to the bridge and fallen sediment fence at the watercourse. IOs requested addition sediment fence be installed at the top of the slope to prevent erosion in case of a rain event. Trans Mountain provide photographic evidence of completed wing wall and ESC repair at this location. 

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project dated September 2019

Relevant section(s):

• 7.0 GENERAL PIPELINE CONSTRUCTION MITIGATION MEASURES 95. Install and maintain appropriate drainage, erosion and sediment control measures (e.g., Sediment Fence Dwg. 5 provided in Appendix C) to prevent sediment from disturbed areas from being transported into watercourses.

Company action required:

Photographic evidence provided. No further actions required.

Due date: 2023-09-20

Date closed: 2023-09-20
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: