Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Kinder Morgan Canada Inc
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
TMX Spread 5B - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify mitigation measures at watercourse crossings, specifically adequacy of erosion and sediment control measures and sites of Indigenous significance.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
IR from CER (Information Request sent from CER to company) Falls Lake Creek - Corrective Actions
Legislative Requirement : Onshore Pipeline Regulations (OPR) 2020-03-16
Sections of the Act
Theme and Categories
Due Date : 2022-11-24
Review Response Acceptable
Follow-up Action None
Observation 1 - Watercourse crossings and sites of interest
Date & time of visit: 2022-11-02 11:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
KP1005+680 to KP1003.1 – Watercourse crossings BC594 and BC594.2 CER/IAMC inspection team (Inspection Team) identified this site to inspect adequacy of Corrective Action Log (CAL) deficiency follow up and corrective actions completed by the company. Site added to CAL on October 27th with initial deadline October 31st. Work still in progress at time of inspection to improve drainage and erosion and sediment control (DESC) measures. Priority action and strategy on completing backfill and reestablishing conveyance at specific drainage locations. This includes geotextile structures to keep water flow clean and off Right-of-Way (RoW). Contingency pump and equipment observed in place at BC594.3. French drain structures installed across RoW to intercept long runs of water on travel lane, with silt fence catches down gradient. Retention strategy of check ditch at base of upgradient exposed slope discussed. Idea being to keep water clean and outside of workspace. Silt laden water observed in wetland WT708b Company indicated and demonstrated it had previously identified in CAL log on October 30th and target date of completion was November 2nd - priority high. This corrective action was also related to corrective actions to improve upgradient DESC measures in KP1005+680 area. Inspection Team and TMEP personnel discussed strategies in place for wetland CAL which included identifying water sources and dirty water flows off RoW. Company environmental inspector (EI) indicated crews have been working installing French drains, DESC and conveyances across ditch with telescoping flumes and at time of inspection. CER IO notes all water flowing off RoW is flowing clear at time of inspection. EI indicated this will be monitored during next rain event. CER IO notes due date for this CAL item is today. EI indicated they work closely with contractor environmental coordinators (CECs) to determine corrective actions. Risk informed strategies, timelines and prioritization of CAL items discussed with company representatives. In this case, corrective actions taken and related timelines were deemed reasonable by CER IO following on site discussions with company representatives and inspectors. KP1002+400 French drains with Siltron high flow fabric on down gradient sediment fences observed. Foreman indicated CAL repairs in progress with note on tailgate sheet indicating same. No issues noted. WT709a and WILD92B amphibian breeding pond for long toed salamander in area. Amphibian exclusion fencing also in place at this location and down gradient of RoW near WT708b. Wetland signage in place. Soil segregation and layering on grade cut described by company lead environmental inspector (LEI). CER IO observed segregation via geotextile fabric between overlapping piles. Water observed flowing in ditch and dewatering catch point inspected with active pumps in place. Dewatering location inspected on rocky down gradient side of RoW. Water flowing clear out of filter bags at time of inspection. Blasting and rock crushing activities in place to generate rock cover for RoW. LEI indicated crews and equipment on RoW can be redirected to complete CAL corrective actions such as DESC installations and repairs as needed. Confederate flag license plate observed on crew truck by IAMC IM and CER inspection team. TMEP crew member removed immediately and indicated it was his grandfather’s truck. TMEP personnel indicated this matter will be brought up in inspection meeting and construction meeting. Please refer to NNC #1. KP994.300 Falls Lake Creek (BC-588) watercourse crossing RoW in this area parallels dry gulch horizontal direction drill (HDD) drag section extra temporary workspace. Bridge install for HDD drag section being installed at time of inspection above isolated creek crossing. CER IO notes that CAL log for this site is noted as closed at time of inspection. Crossing is under active isolation at time of inspection. Redundant hose and pipes in place 12” running and 6” running pumps running. 2x12” backups in place at time of inspection. Temperature near freezing at time of inspection and clear skies no precipitation. Forecast heavy rain at end of week. Discussion with LEI revealed that during last rain event pump redundant capacity was run at full volume and yet water had still overflowed isolation. CER IO asked whether additional capacity had been added and LEI indicated it had not. CER IO inspected upstream isolation and observed deficiencies including isolation not installed to EPP typical drawing, with a hose directed through meter bag dam, partially open plywood tops on velocity boxes/cages with electrical cables stowed on top of these within watercourse. CER IO directed LEI to reassess situation given impending heavy rain event and LEI immediately engaged construction manager to discuss solutions. CER IO requested formal response by end of day with plan to rectify. Formal response provided by TMEP that evening included decision that TMEP would, among other things, permanently remove this isolation until the next construction window is available to isolate and open-cut the crossing, with work commencing on removal the following day. CER IO used discretion given the timely corrective action and proactive solutions proposed by TMEP, including removal of this isolation, that no additional enforcement tools were warranted at the time of inspection. Watercourse crossing BC-660 Pipe in ground tie in and crossing under active isolation at time of inspection. CER IO confirmed pumping configuration and contingency pumps as per EPP specification. CER IO interviewed contractor, labourers, and foreman conducting maintenance of the isolation and confirm testing of contingency equipment, as well as presence of night shift crews, and protocols they are to follow in the event of a requirement for additional assistance. Contractor foreman indicated night shift fuels pumps, cleans screens and monitors pumps and hoses, visits once or twice night with increased monitoring depending on volumes. Contractor foreman indicated entire crew has access to group chat discussion and can message group chat in event of emergency and up-resource as required. Radio frequency LAD4 available for this as well and contractor utility crews available at night. Night supervisor on duty as well who checks in and monitors status of developing situations. Medics on site as well. Crews interviewed indicated that every day back up pumps are tested and cycled to rest and minimize wear on pumps. Trash pumps also readied, tested, and primed. CER IO observed hydraulic grease on rocks in riparian area. This was cleaned up to the satisfaction of the CER IO by the TMEP LEI. Please refer to CNC #2. Watercourse crossing BC-628 CER IO observed the downstream hose without a diffuser discharging on the bank of the channel, with energy directed towards bank rather than onto rock riprap which creates risk of erosion and sedimentation. Contractor took action under direction of LEI and switch discharge to a pump with a downstream diffuser installed until such time that appropriate safety measures could be put in place to access and install an additional diffuser. Please refer to CNC #2. CER IO reviewed Site Specific Watercourse Crossing Execution Plan as well as Isolated Watercourse Crossing Phased Checklist. IO notes that scope of work is culvert install for access. TMEP personnel indicated that these documents apply to pipe install and will involve new scope of work, with culvert installed by that point in time. Watercourse crossings BC-625 Signage in place and isolation equipment being demobilized at time of inspection. 2m culvert in place pre-construction, and TMEP indicated that the plan will be revisited with change in method of crossing to use existing culvert as flume. TMEP indicated it had not provided notification to CER for change in crossing method as this is not a change to a trenchless method, which would trigger notification pursuant to Condition 74 for noise mitigation. CER IO observed appropriate DESC in place including cobble ditch adjacent to RoW as well as sediment fence keyed into graded bank which would prevent silt laden water from entering watercourse. No issues noted. Archaeological site inspected at undisclosed location TMEP archaeological contractor indicated site was discovered during topsoil stripping when artifacts were encountered. Company contractor labourers observed onsite sifting soil at time of inspection. Appropriate signage in place marking and limiting access to site. No issues noted.
Compliance tool used: No compliance tool used
Observation 2 - Indigenous Matters
Date & time of visit: 2022-11-04 16:30
Discipline: Socio-Economic
- Trans Mountain provided a document showing appropriate communication between the company and the surrounding communities. - Trans Mountain had provided appropriate time for the archaeologist and Indigenous monitors to collect the findings, and have them assessed as well as given back to the community. - CER IAMC inspection team notes Traditional Land Use (TLU) Sites are protected by the mitigation measures made by the company with the community’s involvement.
Observation 3 - CNC #1 grease on watercourse bank
Date & time of visit: 2022-11-03 14:35
The CER Inspection Officer observed hydraulic grease on a rock armoured bank of watercourse BC 660. At the time of the inspection, contractor employees were observed walking by this area without noticing the contamination or completing cleanup.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Trans Mountain will conduct appropriate clean up the released product to the satisfaction of the CER IO.
Due date: 2022-11-03
Date closed: 2022-11-03 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 - CNC #2 - BC-628 risk of erosion and sedimentation
Date & time of visit: 2022-11-03 12:50
At watercourse crossing BC-628 CER IO observed the downstream end of the bypass hose positioned in an area with potential for erosion and had no energy dissipating measures in place to prevent erosion, which creates risk of erosion and sedimentation.
TMEP will implement corrective actions to minimize the risk of erosion at the downstream discharge point of the watercourse crossing.
Observation 5 - NNC #1 - Inappropriate materials on hardhat and contractor vehicle
Date & time of visit: 2022-11-02 14:17
Discipline: Safety Management
During the inspection, CER IO observed an inappropriate hardhat sticker on a foreman's hardhat. The sticker was of a rat crossed out suggesting a culture of non-disclosure of workplace hazards. The inspection team raised their concerns directly with the worker stating it was offensive and not appropriate for the workplace. The worker immediately removed the sticker. The inspection team also observed a confederate flag license plate on a contractor personal vehicle on the RoW. The license plate was removed during the course of the inspection, but was observed resting on the front bumped following its removal. Officers note that inappropriate materials have been identified on several other activities:
Compliance tool used: Notice of Non-compliance (NNC)
Corrective actions were issued as part of for CV2223-121 (Field Inspection, Spread 3/4A) and are expected to address this observation and non-compliance at this time. The sticker and license plate observed on site were immediately removed. No additional corrective actions or submissions are required to address this NNC.
Due date: 2022-11-02
Date closed: 2022-11-02 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.
Identified non-compliances to company plans or procedures are non-compliances either to:
- the condition of an authorization document that requires the implementation of that plan or procedure; or
- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program
