Compliance Verification Activity Report: CV2223-123 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2558
• Inspector 2194

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-198
• CV2122-110
• CV2122-112
• CV2223-124
• CV2223-127
• INC2021-173
• INC2022-173

Rationale and scope:

TMX Spread 5A - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify mitigation measures at watercourse crossings, adequate erosion and sediment control measures, sites of indigenous significance, and hydrostatic testing sites. 

Compliance tool(s) used:

• Notice of Non-compliance (NNC) (2)

Facility details

Facilities:

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 July 2022
• Project-specific plan or procedure
• Water Quality Monitoring and Fish Salvage Plan TMEP Spreads 3-7A June 2021
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-065

Observations (no outstanding follow-up required)

Observation 1 - Field Information/Documentation Requests

Date & time of visit: 2022-11-21 10:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Direct Mortality of Fish
• Sedimentation/Turbidity
• Disturbance
• Chemical Spills/Releases

Facility:

Observations:

Over the course of the inspection documentation was requested:
Opening Meeting requests 21 Nov 2022

1. Daily Work Plan
2. CLAPPERTON CREEK BC-482 EXECUTION PLAN
3. Clapperton Creek drawing
4. Mill Creek Road drawing

1. Copy of the Triton assessment prior to installing the spawning deterrents at Coldwater 3 crossing.
2. Archeological amendments permit issued for DlRf-2 and 4.
3. Resource specialist assessment for the 5 mammal den sites identified in the LRSMT.

1. Explain 2 Person Fueling approval at KP 956.00:
2.  Provide a copy of the concrete coating testing procedure.
3. Provide a copy of the completed water course crossing phased checklist for Clapperton Creek
4. Provide a copy of the water quality monitoring plan for Clapperton Creek.
5. Provide photos of Clapperton creek once the bank has been replaced.
6. Provide results of the fish salvage (mortalities, number and species of fish salvaged, etc.)
7. At AK 11.2 provide information around the steep slope, including angle and what mitigations were in place for the access road under the work area.

Compliance tool used: No compliance tool used

Observation 2 - General Observations

Date & time of visit: 2023-11-16 16:00

Discipline: Socio-Economic

Categories:

• Effects on Indigenous interests
• General
• Consultation with Indigenous communities
• General

Facility:

Observations:

Heritage Resource DlRf-24

TMEP representatives stated:
 

• A Heritage Resource chance find was identified, and the Heritage Resources Contingency Plan was enacted. All construction activity stopped, and an archeologist was deployed to assess the area. The entire area was roped off and signed, but later the roped area was altered to only include the 2 polygons where the testing had identified artifacts. A clearing crew had disturbed the area in between the 2 polygons but the Heritage Resource Permit stated the polygon should remain as one with no disturbance (See IR #1).
• TMEP is in the progress of implementing a trenchless crossing at the site which will completely avoid disturbance to the archaeological site.
• At the time of inspection, the larger area was observed to have been roped off again, and no work was occurring in the area.

• Observed an unclassified drainage lined with poly and a culvert installed across the RoW.
• Signage indicating 2-person fueling requirement was in place.
• Inspection team discussed fueling within 100ms of a watercourse. TMEP representatives stated that it is at the discretion and approval of the EI. Documentation of approval for 2-person re-fueling within 100 m of a watercourse was requested and reviewed by the CER IO. No further follow-up required at this time.

• Observed backfilling on a steep slope and setting up to install bentonite bags and subdrain to control subsurface water flows.

• A Preliminary Event Report INC2022-173 was submitted to the CER on 27 September 2022. In this report it stated water was discharged on land approximately 200m from the bank of the North Thompson River. The water flowed overland to the edge of the river causing saturation and erosion of the riverbank and a short-term increase in turbidity. The Inspection team observed some sloughing on the bank edges in two separate locations. It was apparent that the sandy bank in this area is susceptible to erosion all along the area where the incident occurred.
• TMEP representative stated:

• The discharge location was not monitored properly, and it should have been relocated upon saturation.
• The area was seeded and will be reassessed in the spring to see if anything further can be done at this location.  
• The investigation report has not yet been completed.

Compliance tool used: No compliance tool used

Observation 3 - Watercourse Crossings

Date & time of visit: 2023-11-16 16:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Sedimentation/Turbidity
• Disturbance

Facility:

Observations:

KP 976+600 Coldwater #3 BC-570
TMEP representatives stated:

• During the installation of the spawning deterrents for Coho, October 21 to 26 2022, a Chinook salmon redd was identified on the proposed centerline. The spawning deterrents were installed around the redd. The current plan is that the redd will be within the isolated area, and that the trench line will be moved downstream of the redd.
• Resource specialists inspect the deterrents once a week to ensure they remain positioned and are functioning as intended.
• DFO had requested TMEP to conduct the crossing in a winter timing window January-March.
• Coldwater River BC-548 (KP954.46) will also be an isolated crossing and is scheduled to occur at the same time.
• The isolation plan is currently being reviewed by the CER.

• At the time of inspection, spawning deterrents, consisting of snow fencing weighted by larger rocks were in place.  Deterrents are approximately 38 m long upstream of the crossing location and extend for approximately 100 m downstream of the crossing location to cover the zone of influence.
• Observed an area where some of the deterrent snow fencing was lifting.  TMEP representatives indicated they contacted the resource specialist and confirmed this would be flattened down again.
• Received and reviewed a copy of the Resource Specialist’s Daily Environmental Inspection Report from October 19, 2022. CER IOs shared relevant information on this crossing with other CER staff involved in the review of the proposed crossing plan.

• On 22 November 2022, Clapperton Creek was isolated, and a fish salvage was conducted in preparation for the planned isolated watercourse crossing. The final concrete coating cure test was performed on the three sections of concrete on the same day. The middle section did not pass the test (See NNC #1). The TMEP Construction Manager stated they would repour the concrete on the one section that failed and would also prepare another piece of concrete coated pipe. They would use whichever pipe cures the fastest.

• CER IO requested the concrete coating testing procedure, water quality monitoring plan and data, fish salvage results and the completed watercourse crossing checklist for Clapperton Creek (See NNC #2).
• When the inspection team arrived on site in the morning of 23 November 2022, Resource Specialists were preparing to conduct and later began electrofishing in the isolated area. Given that the Construction Manager had decided earlier that day to remove the isolation, it is the IOs view that the electrofishing conducted the morning of 23 Nov 2022 was unnecessary.  The electrofishing was halted by the TMEP representative.
• While IOs were on site, the construction crew, including EIs discussed and developed a plan to remove the isolation, reconstruct the banks and install sediment and erosion control. They stated no instream work would be conducted while restoring and stabilizing the riparian area. Inspection team reviewed photographs of the watercourse, erosion and sediment control and stabilized banks.
• The inspection team observed the removal of the Watergate dam (isolation).
• Resource specialists remained upstream onsite during the removal of the Watergate dam, indicating they were watching for fish in the dam. After the instream work was completed, they walked downstream presumably to check turbidity levels (See IR#2 and NNC#2). 
• There were 2 primary pumps running with 2 back-ups onsite. Spill kits and additional erosion and sediment control measures were observed. Additional hoses were also present, and the foreman indicated they were all tested prior to the isolation. Dispersion matting was observed under the outflow of the hoses to prevent scouring.
• A well-constructed pig pen dewatering structure was observed onsite.

Compliance tool used: No compliance tool used

Observation 4 - Coldwater West Alternative Route

Date & time of visit: 2023-11-16 16:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Wildlife
• Disturbance

Facility:

Observations:

• Inspection team observed a steep slope at AK 1.8 and TMEP representatives stated a steep slope plan will be enacted during construction.
• Coldwater River Crossing #2 location at AK 1.4 was observed from the top of the slope and the DPI crossing will occur at a future date.
• There are many Heritage Resource sites throughout this area and the ones observed were flagged off with signage. Additional management buffers approximately 1 to 2m are put in place in addition to protect the area. TMEP representatives said they have obtained the Alteration Permits and an archeological monitor will be required to be onsite during ground disturbance.
• Course woody debris piles were observed onsite.
• TMEP representatives said the area was hand cleared and heli logged. 
• At AK 3.0 a retained wildlife tree and a TLU site was observed and required mitigations appeared to be in place.
• At AK 3.2 required mitigation measures were in place for: an amphibian breeding pond, Northern alligator lizard area, heritage resource sites, ant colony, rare plants, wetland, and Williamson’s Sapsucker Critical habitat. CER IOs note additional ant colonies from what is in the RSMTs had been moved and marked, demonstrating strong commitment to implement this mitigation given on field conditions and Resource Specialist observations.
• TMEP representatives stated the Wildlife Species of Concern Encounter and Discovery Contingency Plan was enacted when Northern alligator lizards were discovered. Some of the lizards were relocated off RoW and others were taken to the BC Wildlife Park to overwinter and will be released in the spring.
• Steep slope and acid rock signage was in place.
• Approximately 12 Culturally Modified Trees were cut and placed at the side of the RoW and TMEP representatives stated they will be given to local Indigenous Communities.
• At AK 10.8 a wildlife tree replacement was observed (marked WT049). TMEP representatives said an arborist modified a standing tree to obtain suitable nesting features to replace a wildlife tree removed elsewhere in the area. Removed trees are being replaced at a 1:1 ratio. In this case the work to create a suitable nest tree replacement included topping the tree, removing certain branches, girdling the tree, drilling holes, and application of a fungicide.
• Grading activities on a steep slope above the access road was observed at AK 11.2 (See IR #1)

Compliance tool used: No compliance tool used

Observation 5 - NNC #1 Preparedness for Commencing Instream Work

Date & time of visit: 2022-11-22 15:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Disturbance

Facility:

Observations:

On 22 November 2022, TMEP personnel informed the inspection team that the watercourse crossing at Clapperton Creek (BC-482 KP 912.58) would not be completed because one of the sections of concrete coating failed the final cure test. The watercourse crossing crew had already prepared the banks, installed the isolation, and conducted multiple passes of fish salvage over two days for most of the crossing area. Instream excavation had not yet occurred. A meeting was held with the TMEP Construction Manager the next morning and he indicated they would not be completing the crossing until the pipe, or a new concrete coated pipe was confirmed to meet all concrete coating test requirements (design standards) which might take up to a month. He stated the isolation would be pulled and the banks of the watercourse would be restored.

On the TMEP Isolated Watercourse Crossing -Phased Checklist, Section 8 states “Pipe section has been welded and coated, with appropriate testing and anti-buoyancy as required to ensure no delays with the installation of the crossing”. This section was checked off as complete on November 19 2022, however, as noted above, the pipe (concrete coating) did not meet the design standards.
 

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 July 2022

Relevant section(s):

• EPP requirement: Page 75 " 16. Ensure all necessary equipment, personnel and materials are on-site, and ready for installation prior to commencing instream work. Complete all work as quickly as practical to limit the duration of disturbance.

Company action required:

Provide the following:
 

1. An explanation of how section 8 of the Isolated Watercourse Crossing Phased Checklist was checked completed on November 19, 2022, if the concrete was not confirmed to be fully cured and did not meet all testing requirements.
2. An explanation why the final concrete coating cure test was not confirmed to pass prior to Clapperton Creek isolation.
3. Provide all corrective actions TMEP will apply project wide to prevent disturbance of a watercourse prior to confirmation that all materials and equipment are onsite and ready for the crossing to begin.

Due date: 2023-02-08

Date closed: 2023-03-22
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 6 - NNC #2 Water Quality Monitoring Data

Date & time of visit: 2023-01-12 13:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Sedimentation/Turbidity

Facility:

Observations:

CER IO reviewed the Resource Specialist Daily Environmental Inspection Reports for 21 and 22 November 2022 at Clapperton Creek BC-482 and the water quality monitoring data collected during the attempted crossing in November 2022 as well as the actual crossing completed in December 2022. The CER IO determined manual turbidity readings were not completed as per the TMEP Water Quality Monitoring and Fish Salvage Plan for the attempted crossing or the actual crossing. On 12 January 2023, CER IO met with TMEP representatives to discuss these findings and corrective actions for future watercourse crossings on the project.
 

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

Regulatory requirement:

• Project-specific plan or procedure
• Water Quality Monitoring and Fish Salvage Plan TMEP Spreads 3-7A June 2021

Relevant section(s):

• In the Water Quality Monitoring and Fish Salvage Plan June 2021 it states on Page 16: The goal of the monitoring program is to document changes to turbidity or TSS that result from instream construction activities. Manual turbidity readings will be taken approximately every two hours during construction, with the frequency of sampling increased during the installation and removal of the isolation, or during other events that could generate sediment.

Company action required:

Provide the corrective actions that will be completed for future water quality monitoring during watercourse crossings as per the Water Quality Monitoring and Fish Salvage Plan and provide confirmation Resource Specialists understand these requirements.
 

Due date: 2023-02-08

Date closed: 2023-03-22
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 7 - Indigenous Monitor Observation

Date & time of visit: 2023-01-16 15:19

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

Inspection
22/11/2022

Incursion Site
Note: IR request will be made for timeline of site plans.

KP 956.050 where mechanical work was being done (Welding)
Note: Question raised for refuelling less than 100ft from water course

KP 955.300 where back filling was happening
Note: Question raised for Steep Slope plan and other information regarding Steep Slope

KP 976.000 Water Course Crossing 3
Note: Question raised on the process. Site had concerns prior to visit.


Inspection
23/11/2022

KP 912.620 Water Course Crossing
Note: Question raised involving the workers and contractors in regards to what the time frame is for them to be there.
Questions on what other water course work permits are required.

KP 806.600 Hydro Release Site
Note: Happened previously, questions raised on the reclamation process.

Indigenous Monitor Concerns and Observations
IM was impressed with the dam and pump systems set up to keep water quantity flowing. Additionally a plan was made on how TMEP was going to build the banks back and what mitigation’s will be made.

Inspection
24/11/2022

AK 2 Steep Slope
Note: Question was raised on Steep Slope plan and work order of surrounding Archaeological sites

AK 3 Steep Slope, WTP, Amphibian Crossing, Ant Colony Salvage
Note: Questions raised on the boundary near the WTP, Maintenance of the Amphibian Crossing and the reclamation of the Ant Colonies.

Note: Time frame lost, multiple other sites were inspected along the alternate route where work was occurring. Majority of the sites visited this day all had Steep Slopes.

Indigenous Monitor Concerns and Observations
IM was impressed with identification and marking of WTPs, TMEP had mentioned they were doing a 1:1 ratio of Tree Modification for Williamson Sapsucker Wildlife Tree. IM was also impressed with the plan in relation to Ant Colony Reclamation process.

 

Compliance tool used: No compliance tool used

Observations (company follow-up required)

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