Compliance Verification Activity Report: CV2324-138 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2864

Regulated company: TransCanada Keystone Pipeline GP Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection

Related events:

• CV2122-154

Rationale and scope:

Inspection of the Keystone XL Pipeline Project, Alberta segment and reclamation phase to date, including assessment of year One (1) Post Construction Environmental Monitoring Report. Due to the cancelation of this Project in 2021, most of the Right-of-Way was not fully disturbed beyond topsoil stripping and grading, with some areas where pipe had been laid in the ground and back-filled. Construction has halted with no assurances of being reactivated. The Project is actively being reclaimed. 

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (1)

Facility details

Facilities:

• Keystone XL Pipeline
• BINDLOSS SOUTH PS

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)
• Pump station
• Valve site

Life-cycle Phases

• Post-Construction (Reclamation)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• ENVIRONMENTAL PROTECTION PLAN FOR THE PROPOSED KEYSTONE XL PIPELINE PROJECT April 2020
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Information Request

IR from CER (Information Request sent from CER to company)
IR1 - Documentation

Legislative Requirement : Onshore Pipeline Regulations (OPR) 2020-03-16

Sections of the Act

Theme and Categories

Due Date : 2023-10-09

Review Response
Acceptable

Follow-up Action
None

Observations (no outstanding follow-up required)

Observation 1 - General Observations ROW

Date & time of visit: 2023-10-11 12:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Surface Water Management
• Surface Water Management Plan
• Vegetation
• Vegetation Control
• Invasive Plant Management
• Vegetation Reclamation
• Species of Concern
• General
• General

Facility:

• Keystone XL Pipeline (Pipeline)

Observations:

TC Energy submitted year 1 Post Construction Environmental Monitoring (PCEM) Report on or before January 31, 2023, as part of Condition 19 in compliance with the approved certificate. PCEM work to date showed progress with vegetation re-establishment, weed control (nuisance and noxious), wetland and watercourse recovery. Overall, most areas observed on Right-of-Way (ROW) are on track with first year reclamation expectations. The following general observations were made in field during the inspection of the TC Energy Keystone XL Pipeline from October 11 - 12, 2023.

Soils and Ground Disturbance 

• Sparse patches of bare ground visible on ROW at KP 27+960 (Lakesend East). Ground disturbance repairs have been undertaken, or are scheduled for corrective actions before end of seasonal work - Confirmed via provided Issues Tracking List (ITL); a live document the company uses which informs of tasks to be completed.  
• Cattle grazing evident at multiple locations observed. Company reps stated that restricting access (i.e., keeping gates closed) to landowners has been challenging for reclamation success.
• Settling of the ground surface observed at a few locations above the pipeline centreline at KP 68+700 (Oyen South). Company verified additions to ITL.  
• Soil berms constructed to divert water off-ROW and and decrease run-off water velocity on ROW where slopes are steep and interact with drainage or watercourses.
• Monitor-South Pump Station site was stripped and graded. No development beyond foundation works. Settling pond constructed on site has geotextile liner holding some stagnant water. ESC measures in place where required. Some nuisance weed establishment but controlled through spraying activities. Management of site will continue with PCEM program. 
• Only select segments of the ROW have been subject to ground disturbance and pipe in the ground, whereas other segments were only stripped/graded with no further ground disturbance activities. 

• Straw wattle check dams are used as a mitigation in areas where water travels. Often supported with silt fencing in areas with water bodies.
• Coir netting and erosion blankets used to maintain integrity of ground surface at select locations and to reduce erosion potential and promote vegetation growth. 
• ESC was stated to be assessed annually (via PCEM and ITL), with many of the controls observed during the inspection likely to be removed during (or after) the following growing season.
• Inspection Officer re-visited locations from CV2122-154, and observed effectiveness of previously implemented corrective actions as follow up. Confirmed successes. These are areas of high water run off that created erosion issues and have since been mitigated; currently showing signs of vegetation re-establishment with support of ESC. 
• Cattle and livestock present through most tracts of land observed on ROW.

• Vegetation establishment across the ROW varies from 25% - 80% coverage, with most areas observed showing 60 - 80% coverage through seeding with cover crop and native seed mixes. 
• Cover crops consist of alphalpha, grasses and sedges. Effective coverage 1 year PCEM. 
• Several points of interest visited demonstrated the ROW was mowed during mid growing season as part of PCEM activities. Vegetation growth was observed as limited, likely due to a relatively dry year.
• Geographical area has been subject to drought and hindered growth of vegetation across geographical region (e.g., Alberta Badlands).
• Revisited site from previous inspection (CV2122-154) where NNC was issued; the site is recovering with some seeding and future maintenance planned. No issues observed and ESC has been removed. 
• At specified locations, ESC has been flagged for removal or has already been removed due to successful vegetation re-establishment. 

• Weed management and preventative treatments are evident at multiple locations observed for nuisance and noxious weeds.
• Spraying is the preferred treatment being implemented for control and to prevent further spread.
• Nuisance weeds observed in denser abundance than noxious weeds.
• No prohibited weed species observed.
• Rare plants are actively being tracked as part of condition 8 of the Keystone XL certificate and in conjunction a with the PCEM program. Observations in field line accurately align with what is stated in the reporting requirements with no re-emergence of rare plants observed on ROW to date.

• ESC observed mostly intact, consisting mainly of straw wattle check dams and silt fencing where required.
• Silt fence in place above waterbank and riparian area. Observed to be intact and in functional condition. No issues.
• Straw wattles damaged due to presence of livestock. Overall observed in functional condition and company has added any deficiencies to ITL - verified. 
• Vegetation cover in riparian is on good trajectory to post construction recovery with ~70% re-establishment.  
• Slopes on either side of the watercourse have vegetation re-establishment ranging from 40 - 60 %.
• Project stopped prior to construction of crossing (no ditching completed).
• No signage or markers required as no ditching or pipe installation occurred. Signs and markers present over base keystone ROW. 
• Nuisance weed presence is minimal with spraying evident as treatment (i.e., dead stems).

• Vegetation re-establishment on ROW leading down to the creek is on good trajectory with 60 - 80% coverage throughout the area inspected.
• Nuisance weeds present in sparse quantities with spraying evident as treatment (i,.e, dead stems).
• Mitigation measure implemented during construction at creek was to narrow temporary work space and stripping/grading activities through the crossing. 
• Project stopped prior to construction of crossing (no ditching completed).
• No signage or markers required as no ditching or pipe installation occurred. Signs and markers present over base keystone ROW. 
• Where the access bridge was placed, the area is reclaimed - no sign of disturbances and land use has returned to pre-disturbance conditions.
• Riparian area has returned to pre-disturbance conditions. No issues observed and ROW is indistinguishable from Off-ROW conditions.

• The South Saskatchewan River (SSR) crossing was visually inspected to verify the success of reclamation on the drill entry point. The access road leading down into the river valley was subject to erosion repairs with medium sized rock cobble. The access road was inherited by Trans Canada Keystone Company (TCKC) and they have been working with Alberta Special Areas Branch to mitigate any persistent concerns resulting from construction access activities. Overall, the general areas has seen effective re-vegetation efforts where disturbances occurred with some evidence of livestock grazing inhibiting success of reclamation measures. Several areas were observed subject to erosion and sediment controls still in place (e.g., coir netting, natural fibre erosion blankets, straw wattle check dams) or revisited to continue corrective and preventative actions. However, several areas of concern did exist related to proactive maintenance of erosion and sediment controls (e.g., straw wattle check dams and silt fence not maintained). See CNC - Erosion and Sediment Controls at SSR.

• The Red Deer River crossing was also visually inspected. This area has been subject to repetitive corrective maintenance to re-vegetate the ground where the drill entry pad was constructed with little success of natural reclamation. TCKC stated they have brought in a consultant/specialist to aid in enhanced recovery of the drill pad, as well as the ROW leading down slope into the river valley. Vegetation re-growth measures included transplants from local plants and grasses, and a revised seed mixture for dispersal across the site. The ground surface on the slope was observed being actively re-worked to achieve better establishment of vegetation and correct any erosion issues that have persisted. Erosion blankets and coir netting were observed covering the seeded areas of the slope. Maintenance crews were observed actively implementing mitigation measures at site. No compliance concerns.  

• Wetlands observed were documented to be in good order with lush vegetation establishment. 
• ESC in place where appropriate. Some areas flagged for removal after one more growing season.
• Drought has created dry conditions with minimal moving water in may locations observed.
• No issues observed.

• Bio-security protocols were in effect to enter agricultural fields. Bleach solution applied to boots before entering ROW.
• Multiple locations where bio-security stations existed were inspected to verify reclamation success. No instances of weed proliferation or other adverse effects from bio-security stations. 
• No evidence of residual contamination found at sites observed.
• No observations of rutting or compaction remain at sites observed. 
• Land use capability post construction is on appropriate trajectory to recovery.

• Sites of indigenous significance were observed where main mitigation measure used was avoidance - no observable issues.
• Company reps indicated a Point of Interest (not significant) mid-ROW where a feature may have existed on private property. Company worked with Land Owner to ensure it was returned to pre-disturbance conditions.

Compliance tool used: No compliance tool used

Observation 2 - Corrected Non-Compliance - Erosion and Sediment Controls SSR

Date & time of visit: 2023-10-12 10:28

Discipline: Environmental Protection

Categories:

• Surface Water Management
• Containment and Drainage Structures
• Housekeeping
• Temporary Structures

Facility:

• Keystone XL Pipeline (Pipeline)

Observations:

While observing reclamation success at the horizontal directional drilling (HDD) pad entry site, the inspecting officer observed and documented multiple locations within the area (KP 15+260 - 15+650) where erosion and sediment control (ESC) mitigation were deficient and requiring corrective actions. Observations include:

• At the base of the slope, in the temporary workspace, the existing silt fencing was observed in disarray and requires re-erecting
• Silt fencing observed in disarray at a drainage location which leads off-row
• Silt fencing down and not maintained on Right-of-Way
• Straw wattles observed in poor condition across location (torn up and trampled by cattle grazing)

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• ENVIRONMENTAL PROTECTION PLAN FOR THE PROPOSED KEYSTONE XL PIPELINE PROJECT April 2020

Relevant section(s):

• Pdf, Pg. 48. Section 8.8. Clean Up and Reclamation. Activity/Concern: Sedimentation / Erosion Control. Mitigation Measure, 51. Install sedimentation and erosion control measures, where required, in accordance with Dwgs. STDS-03-ML-05-001, STDS-03-ML-05-132, STDS-03-ML-05-603, STDS-03-ML-05-604, STDS-03-ML-05-606 and STDS-03-ML-05-608 in Appendix 1D, unless otherwise approved by the Environmental Inspector(s) or designate(s) to adjust for site conditions and suitability.

Company action required:

Trans Canada Keystone is required to adequately maintain any mitigation still designated to be in effect on the project. The erosion and sediment controls at the reclaimed HDD site for the South Saskatchewan River, described as ineffective by the inspecting officer, must receive corrective maintenance to ensure the controls are fully effective until designated for removal. Once corrective actions have been completed, evidence will be provided to the CER to confirm completion. This includes time stamped photographs indicating the corrective actions were implemented in a timely manner.    

Due date: 2023-10-13

Date closed: 2023-10-31
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: