Compliance Verification Activity Report: CV2021-189 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2541
• Inspector 2619

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV1920-158
• OM2017-532

Rationale and scope:

Environmental protection inspection of operations and maintenance (O&M) activities on the Trans Mountain mainline (Line 1) in Jasper National Park, Alberta. The segment of NPS 24 pipeline undergoing O&M activities was deactivated in 2008 when the Anchor Loop pipeline project (i.e., Line 2) was completed. The O&M activities were largely completed in winter and spring 2020, and the focus of this inspection was reclamation at these sites, including the Snaring River. This inspection was conducted in conjunction with Indigenous Monitors representing the Indigenous Advisory Monitoring Committee.

Compliance tool(s) used:

• Information Request (IR) (2)

Facility details

Facilities:

• Mainline

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Operations
• Post-Construction (Reclamation)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Act (NEBA) 2016-06-19
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan for the Trans Mountain Pipeline ULC Pipeline Reactivation Program
• Project-specific plan or procedure
• Site Specific Environmental Protection Plan, Site Specific Watercourse Crossing Execution Plan & Site Specific Planting Plan

Regulatory instrument number(s):

• OC-2

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-08-18 12:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Soil Handling
• Vegetation
• Vegetation Reclamation

Facility:

• Mainline (Pipeline)

Observations:

The following sites were integrity digs and other maintenance activities that occurred in early 2020 (winter/spring). No active construction was occurring at the time of the inspection.
Dig 16 ~KP 350.282

• Matted staging area at base of steep slope – security on site
• Two pieces of heavy equipment parked – drip pans observed beneath
• Smoking area marked off; fire extinguisher current inspection tag
• Base of slope ~100 m of rig mats; geotextile lining under approximately first half
• Rig mats are showing wear and tear with some portions shredded/torn up – no mat shrapnel observed outside of mats; Company Representatives indicated that it will all be cleaned per commitment to Parks Canada
• Topsoil stockpiled along south side of slope, labeled and staked; covered with geotextile held in place with rocks and stakes
• Sediment fences (4) installed across Right-of-Way (RoW) – fences were keyed in and in good condition
• Boundary stakes in place, no trespass observed; sensitive environmental features were staked and flagged
• Discussed salvage of cryptogamic crust – Company Representatives indicated that salvaged crust is stored in Jasper Yard
• Light stand at the top of hill had secondary containment underneath (empty) and a fire extinguisher with an up to date inspection tag.
• Signs of wildlife activity at top of hill on the ROW.
• Trans Mountain staff indicated they are planning for a September timeframe to begin reclamation of the site.

• Access to Dig 16 included crossing an existing Parks Canada bridge over Vine Creek.
• Trans Mountain indicated they have reinforced the bridge; gravel approach on both sides, with geotextile lining and sediment fence. Sidewalls of bridge constructed of plywood, but not lined with geotextile, as required by the EPP for clear-span bridges. However, the reinforcement of existing bridges is not addressed in the EPP. Company Representatives indicated that Parks Canada had no concerns with the bridge.  Officers discussed with Parks Canada representative who indicated that the existing bridge (i.e., underneath reinforced decking and sidewalls)  was adequate to capture any dislodged debris, that the watercourse is not fish-bearing at this location and that the additional measures at the bridge were primarily to address the risk of sedimentation from the access ramps . Officers do not require any additional measures to be taken at this location.

• Mounded dirt rectangular area approximately 10m x 20 m adjacent to highway (~15 m from road) .Site has been reseeded with minimal success, approximately 10% cover of grasses. Some early stage dandelions observed at the edges of the site. Scentless chamomile observed on RoW but off dig site and was removed by Company Representative. Scentless chamomile was also observed in the area off RoW, so officers are satisfied and no additional weed control measures are required at this time.

• Access to dig 10 was matted and lined with geotextile.
• Site is located parallel to powerlines.
• Work area a mounded dirt rectangle approximately 20 m x 40m
• Newly planted spruce trees observed on east side, approximately 60% survival of the approximately 15 trees (~3 ft height)
• Sparse growth of grasses (~10%)
• No weeds observed

• At highway crossing on the road; approximately 20 x 15 m.
• Part of the highway was removed and replaced as part of the site work.
• Site has been seeded; seeds observed but no grasses observed. Site largely bare.
• No signs of erosion at the time of the inspection.
• Graveled area immediately adjacent to highway.

• Access to site via Parks Canada gravel road and walking through grasses on the existing Line 2 pipeline RoW. Company Representatives indicated that the existing RoW/access was matted during winter construction. At the time of the inspection, the access/RoW appeared undisturbed with equivalent vegetation to the surrounding area. This access was also used for Sleeve 10, Dig 27, and Sleeves 11, 12, 28 as these sites were all within approximately 1km of each other.
• Vegetation growth was abundant at the site for Dig 26, which was difficult to discern from the surrounding environment.
• Small patches of scentless chamomile (~2-4) were observed at the dig site and they were hand-pulled by Company Representatives.
• Surface water was running across the site due to a beaver dam upslope from the ROW.

• Site was well vegetated, with full cover of grasses
• Surface water was running across the site due to a beaver dam upslope from the ROW.

• Largely revegetated (>80% cover), willow stakings were observed (~50% success)
• Spruce plantings (5) approximately 0.5-1 m in height had 100% survival rate
• Surface water was running across the site due to a beaver dam upslope from the ROW.

• these dig sites were all immediately adjacent to one another – Company Representatives indicated that they were completed with one larger disturbance area (~100 m long x 15 m)
• variable vegetation cover throughout  the sites (overall ~50-70% cover), grasses (seeded) and some natural regeneration (rose bush) has come back onto the site;
• two small scentless chamomile observed – hand pulled by company representatives

• approximately 50% cover of grasses (seeded) and some natural regeneration including strawberry and poplar;
• moderate slope, no erosion and sediment control structures in place other than natural features (logs, rocks); no evidence of erosion was observed;

• site on a slope, natural erosion and sediment control measures consisting of numerous logs across the site and coarse woody debris.
• Soils very stony at this site.
• the site is relatively dry and shaded and had minimal vegetation cover ~10% with seeded grasses and some natural regeneration (poplar and strawberries); no weeds were observed

• Adjacent to roadside in Town of Jasper
• Area of disturbance ~10x20 m
• Good revegetation ~60-80% coverage of grasses; site relatively level and no evidence of erosion was observed;
• Evidence of pugging in soil – Company Representatives indicated that elk frequent the area

• Located between paved roadway and dirt road within Town of Jasper
• Site parallels powerlines running through town.
• Site relatively level, approximately 80% vegetation coverage from seeded grasses and natural regeneration; no evidence of erosion.
• Soils are very stony.

• Site access is on the edge of the rail yard in Jasper town site.
• excellent vegetation coverage (>80%) of grasses and natural regeneration. Site is mildly sloped, no evidence of erosion.

• site of integrity dig immediately adjacent to Highway 16, on either side of small creek (Cottonwood Creek).
• Riparian area appeared undisturbed and remainder of site was largely revegetated (~80-90% coverage);
• No erosion and sediment control measures in place, no evidence of erosion observed.
• Bike / walking trail cuts through the site.

Compliance tool used: No compliance tool used

Observation 2 - Weed Management

Date & time of visit: 2020-08-19 12:00

Discipline: Environmental Protection

Categories:

• Vegetation
• Invasive Plant Management

Facility:

• Mainline (Pipeline)

Observations:

• Isolated scentless chamomile patches were observed both on and off RoW throughout the inspection. Company representatives promptly addressed weeds by hand-pulling.
• Weed treatment (spraying) was observed within the Park while driving; Company Representatives indicated that an annual “Non Native Weed Management Program” is conducted and includes mechanical and chemical treatment of weeds along the RoW. Trans Mountain indicated that a report is provided to Parks Canada each year summarizing the annual program.
• Officers confirmed the expectations for weed management with a Parks Canada Environmental Surveillance Officer and are satisfied with the information provided by Trans Mountain. No further action is required at this time.

Compliance tool used: No compliance tool used

Observation 3 - Jasper Yard

Date & time of visit: 2020-08-20 09:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Soil Handling
• Housekeeping
• Waste Management

Facility:

• Mainline (Pipeline)

Observations:

• The construction yard for the O&M activities is located within Jasper National Park.
• Site was stripped of topsoil, which was stockpiled at either end of the site. Topsoil was covered with geotextile, which was secured with stakes and labeled.
• The yard was tidy and free of litter.
• Spill kits, fire extinguishers and drip pans were in use at all parked equipment
• Waste  bins were inspected and no improper waste disposal/segregation was observed;
• Hazardous materials (e.g., oil) were stored appropriately in secondary containment suitable for the volume of products.
• Several of the pipeline cut outs from the integrity dig sites were stored along the fence line wrapped in plastic.
• Additional soils removed from the Sleeve 4 dig site are currently being store in the Jasper yard. Company representatives indicated that once they receive permission from Parks they planned on moving the soil pile to a local gravel pit.
• The fueling area included the following:
  • Tanks were labeled “double-walled”; the three large tanks were within additional containment constructed of plywood and a heavy plastic liner;
  • Fueling grates were in place - fueling is to occur on these grates, and drip pans were also in place for use;
  • Fire extinguishers were in place throughout the fueling area, inspection tags were current
  • Approximately 10 spill kits were in place;
  • No evidence of spills were observed
• Cleaning records for biosecurity were requested for random pieces of equipment within the yard. The records matched the cleaning stickers on the equipment.
• Level 3 cleaning of equipment required prior to use in the Park.
• Cryptogamic crust salvaged from several dig sites was stored on the yard. Crust from each dig was stored independently in boxes labeled with the site, date of salvage and GPS coordinates from which it was salvaged. Company Representatives indicated that the crust would be restored in September or October under the supervision of a Resource Specialist and that they had additional more detailed records of precise locations from which the crust was salvaged at each site.

Compliance tool used: No compliance tool used

Observation 4 - Information Request No. 1 - Snaring River

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Reclamation
• Erosion

Facility:

• Mainline (Pipeline)

Observations:

North Bank

• Access via ~3 rig mats between Lines 1 & 2. Mats in good condition.
• Excavation at site – Company Representatives indicated this activity is a valve replacement and is separate from the Snaring River Pipe Replacement work that occurred in winter 2020. Pipe exposed and capped. Excavation fully fenced off; multiple access/egress points. Fire extinguisher with up to date inspection tag. Some water has collected in the pit, pumps and hoses observed stockpiled on site. No work activity at the time of the inspection.
• Riparian area has evidence of grasses (patchy); company Representatives indicated seeding via seed mix approved by Parks Canada in spring 2020. Willow stakes (~25) observed on north bank, minimal success (only 2 observed with leaves).
• Island in River (~20m from north bank) observed from north bank – erosion control blanket applied on banks, willow staking evident and approximately 50% success rate. North bank of island was armoured with rip rap.
• Area fenced off and covered with geotextile – stake labeled “Riparian topsoil” within. Geotextile appeared to be in good condition and no loss of topsoil outside storage area. Topsoil is stored approximately 10 m from bank of river on west side.
• Spill kit observed on site on north bank. Did not confirm its contents as it was sealed using a small zip tie.

• Access via RoW and through the Snaring River campground. Company representatives indicated that access was matted during winter construction. No evidence of disturbance in matted area, vegetation appears healthy.
• At river bank two areas of disturbance – existing Line 2 was used for access and temporary bridge to island; approximately 900m of disturbance along Line 1 for drag section of pipe.
• All areas had been reseeded with variable success from approximately 20 to 90% cover of grasses. Three levels of coir matting were in place, with grasses growing between them.
• Willow staking varying degrees of success; approximately 90% survival at base of bank immediately above armouring.
• Several (8-10) spruce trees (~1-2 feet high) were observed with approximately 70% survival.
• The site-specific environmental protection plan for the Snaring River indicate that shrubs will be planted in the riparian area and that plantings will occur in the spring with final reclamation activities.
• The site specific EPP for the Snaring River indicates the following species and planting densities in the Riparian Planting Plan:

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific plan or procedure
• Site Specific Environmental Protection Plan, Site Specific Watercourse Crossing Execution Plan & Site Specific Planting Plan

Relevant section(s):

• Site Specific Planting Plan 6. “Seedlings and plantings will occur as soon as possible following construction”

Company action required:

1. Provide a summary of woody species planted to date, including planting densities. If not all species outlined in the above table have been planted, provide justification.
2. Provide a timeline for any additional planting that is required at all parts of the Snaring River (south bank, island, north bank).
3. Outline the targets for survival of planted woody species and whether additional plantings will occur given the mortality of spruce observed at the site.

Due date: 2020-09-16

Date closed: 2020-10-26
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 5 - Information Request No. 2 - Dig 31A and Culturally Modified Tree

Discipline: Environmental Protection

Categories:

• Socio-economic
• Traditional Land and Resource Use

Facility:

• Mainline (Pipeline)

Observations:

Dig 31A

• This site was “in progress” at the time of the inspection but no active work was occurring as crews were on days off.
• Topsoil was stockpiled at the west end of the site, covered with geotextile and labeled with stakes
• Subsoil was stored under access mats with the use of a geotextile barrier and labeled;
• Approximately 200 m of rig mats were in place for access from the highway (access was parallel to the highway); mats were in relatively good condition, no broken pieces were observed outside the access road;
• Excavation was approximately 15 x 20 m and utilized trench boxes to shore up the walls of the excavation and was fenced off. Multiple access/egress points were in place.
• A sediment fence at the north side of the site was partially sagging, though still functional particularly given the dry conditions. When raised with Company Representatives it was immediately addressed (within ~3 hours) by installation of an additional stake, which was verified by Officers via photographs. Given that there was no environmental impact and the timeliness of repairs, Officers are of the opinion that this maintenance work on the fence does not require the use of any compliance tools.
• A drip pan was observed under an excavator parked on the access road; no evidence of drips or leaks was observed. A large barrel spill kit was in place at the entrance to the site.
• An Indigenous Monitor (IM) from the IAMC observed a potential Culturally Modified Tree (lodgepole pine) approximately 8 m to the north of the dig site. When pointed out to Company Representatives, they indicated this finding triggered the Traditional Land Use Site Discovery Contingency Plan.

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan for the Trans Mountain Pipeline ULC Pipeline Reactivation Program

Relevant section(s):

• Appendix B – Section 10.0 – Traditional Land Use (TLU) Sites Discovery Contingency Plan 10.2 – Traditional Land Use Sites Discovered During Construction If previously unidentified TLU sites are identified during reactivation of the pipeline, the following measures will be implemented, as warranted: - flag or fence off the previously unidentified TLU site. Work at that location may not resume until the following measures are conducted. Notify and Environmental Inspector or designate, who will notify the Construction Manager, or designate, the Indigenous Monitor and the Heritage Resource Specialist - The Heritage Resource Specialist and the Indigenous Monitor will assess the site and develop an appropriate mitigation plan… - The potentially affected Indigenous group(s) will be informed of the discovery and measures to be implemented.

Company action required:

1. Provide documentation demonstrating how the steps outlined above were implemented, including details such as dates, Indigenous group(s) notified and any measures taken. If any steps were not followed, explain why they were not warranted.
2. Provide confirmation of whether Parks Canada was notified, and when. If not, explain.

Due date: 2020-09-16

Date closed: 2020-10-26
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: