Compliance Verification Activity Report: CV1920-247 - Westcoast Energy Inc., carrying on business as Spectra Energy Transmission

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-247
Start date: 2019-08-19
End date: 2019-08-22

Team:

Regulated company: Westcoast Energy Inc., carrying on business as Spectra Energy Transmission

Operating company: Westcoast Energy Inc. carrying on business as Spectra Energy Transmission

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

The Project consisted of the construction of the North Loop (9.4 km NPS 42 sweet natural gas pipeline) and South Loop (29.8 km NPS 42 sweet natural gas pipeline), as well as the installation of a compressor unit at the Sunset Compressor Station (CS 16). This Project occurred in complex terrain with numerous non-compliances and multiple IO Orders on past inspections. The Project is located in Caribou habitat and has conditions specific to Caribou habitat protection and reclamation. Construction was completed in 2018. This post-construction inspection focused on reclamation and sediment and erosion control.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2019-08-22 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspection Officers (Officers) conducted the majority of the inspection (2.5 of the 3 days) on the south loop of the Project. The south loop included several steep slopes and numerous watercourse crossings. The inspection was conducted by air (helicopter) with landings for ground-based inspection at locations of sensitive environmental features, or where non-compliances were identified during construction inspections.
Caribou Habitat Mitigation

Weed ManagementWildlife Vegetation
South LoopNorth LoopSediment and Erosion Control
South LoopNorth Loop

Compliance tool used: No compliance tool used

Observation 2 - Information Request #1 - Post-Construction Monitoring

Date & time of visit: 2019-08-20 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the inspection, Officers visited sites along the RoW subject to previous enforcement action; in particular, the location of off-RoW sediment releases near watercourses 22 and 23 (see CV1819-297 and IO Order JFB-001-2018 for details).

At the locations of the off-RoW sediment releases, areas of sediment deposition was observed. Some vegetation was observed growing through the sediment (approximately 10% cover). No trees or shrubs in the area showed any signs of decay or ill health at the time of the inspection.

Officers note that longer term monitoring in these locations is required in order to verify compliance and that these locations should be clearly tracked in future post-construction monitoring reports. This was discussed with Company Representatives in the field, who indicated that this would be included.

Additionally, Officers and Company Representatives discussed the two re-vegetation treatments in use on the RoW (i.e., natural regeneration except for seeding over the centerline) and agreed it is appropriate to monitor and report on the two treatments separately in post-construction monitoring.


 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide an outline of a table or other tool that will be included in the post-construction monitoring reports to allow for long-term monitoring of locations identified during NEB inspections.
  2. Indicate which other areas of non-compliance with long-term monitoring requirements will be included in the PCMR, required by Condition 5, and the tool from part 1.
  3. Describe how the two revegetation treatments will be monitored and reported in PCMRs.

Due date: 2019-09-27

Date closed: 2019-09-30
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 3 - Information Request #2 - Side Slope Slumping

Date & time of visit: 2019-08-22 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At approximately KP 21, an area of soil slumping was observed. The RoW is sloped from east to west in this location, to the centerline. The area immediately east of the RoW is forested. Company representatives indicated that the soil was removed from the area during construction and that the slope was reconstructed.
At the time of the inspection, Officers observed the soil from the constructed slope slumping away from the natural landscape. The slumps ranged in depth from approximately 0.5 m to 1.5 m. The length of the slumping was approximately 200 m along the eastern edge of the RoW. Some cracking of the soil, up to approximately 0.3 m deep, was also observed in this area.
Company Representatives indicated that the area was being monitored. Officers reviewed the ‘High Pine Spring Monitoring Plan’ which notes the following at this location:

It is unclear to IOs whether the notes in the spring monitoring plan refer to the same area given that no slumping was noted and the issue is noted as resolved.
NEB Inspection Officers note that the Onshore Pipeline Regulations require that the RoW be restored to a condition similar to the surrounding environment. No slumping or cracking was observed in the surrounding environment. Additional information is required to verify compliance.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide an assessment of the site, including the extent of the slumping.
  2. Provide an assessment of potential environmental impacts both on and off RoW.
  3. Indicate how the site will be monitored, including timelines and a description of monitoring methodology.
  4. Provide a discussion about possible causes of the slumping.
  5. Provide photographs of the site from construction.

Due date: 2019-10-11

Date closed: 2019-09-30
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 - Information Request #3 - Revegetation of North Loop

Date & time of visit: 2019-08-22 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Officers completed a flyover inspection of the North Loop and landed at a slope near the south end of the loop. Vegetation along the north loop was patchy, with some areas approaching near 100% vegetation cover, while other areas had bare patches extending the width of the right of way. Some bare areas were approximately 200-500 m in length (estimate from the air). Company representatives indicated that the north slope was seeded in 2017 and had, therefore, completed nearly two growing seasons. Company stated that formal post-construction monitoring assessments would be completed next year at the same time as the South Loop.


 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide the plan, including timelines, that has been developed to address the bare areas and slopes on the north loop.

Due date: 2019-09-27

Date closed: 2019-09-30
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 - Corrected Non-Compliance #1 - Construction Waste

Date & time of visit: 2019-08-22 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Over the course of the inspection, Officers observed several pieces of construction waste, including pieces of 2x4, approximately 4 pieces of sediment fence (partially buried in soil) and other waste including flagging tape and broken signage. All observed waste was removed from the RoW by Company Representatives when identified. Officers note that the Project EPP requires the removal of all waste from the construction RoW.
 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Remove all construction waste from RoW.
All waste observed during the inspection was removed. No further action is required.

Due date: 2019-08-22

Date closed: 2019-09-06
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 - Corrected Non-Compliance #2 - Erosion and Sediment Control (ESC)

Date & time of visit: 2019-08-22 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the inspection, IOs observed two areas where ESC was not in place or required additional maintenance.

At KP 0 on the south loop a gully had formed along the east side of the RoW. Although several straw wattles were in place, they were overwhelmed in places and one had been removed (possibly due to wildlife activity). The gully was transporting sediment-laden water off the east side of the RoW to a well-vegetated area on the adjacent Westcoast RoW.

South of watercourse 22 (KP 23+800) several rills were observed on a side slope which flowed into a gully along the east side of the RoW. Company representatives agreed that additional erosion and sediment control measures would be beneficial in this location.


 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Repair or replace the erosion and sediment control measures at KP 0.
2. Implement appropriate erosion and sediment control measures at approximately KP 23+800 to address the erosion identified.
Note these actions were undertaken while Officers were in the field. No additional follow-up is required.

Due date: 2019-08-22

Date closed: 2019-09-06
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 - Notice of Non-Compliance (NNC) #1 - Watercourse Crossing Signage

Date & time of visit: 2019-08-20 15:11

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Officers visited several watercourse crossings over the course of the inspection (on foot and/or from helicopter). Officers note that signage indicating the presence of a high-pressure gas line, the operator and an emergency number were present at some watercourses. However, signage was missing from other watercourses, including WC-22 and WC-23. Officers did not complete a thorough inventory of signage; however, signs are required at all watercourse crossings.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide Westcoast’s policy for signage at watercourse crossings.
  2. Provide an inventory/list of:
    • watercourses on the Project the company identified as requiring signage at the time of completion of construction;
    • watercourses that have signage installed; and
    • watercourses that still require signage to be installed.
  3. Install signs where required and provide photographs demonstrating that this has been done. If it cannot be completed by the requested date, provide dates (must be prior to the winter season) when Westcoast will complete it.

Due date: 2019-09-27

Date closed: 2019-09-30
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:

- 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