Compliance Verification Activity Report: CV2223-039 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2275
• Inspector 2864

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2223-040

Rationale and scope:

Operations and maintenance (O&M) field inspection to assess reclamation of the Edmonton to Hardisty Pipeline Project. The five year reporting period completed in 2020, and the Post Construction Monitoring Reporting (PCMR) condition filing is closed. The scope of the inspection aimed to verify that the conditions of the 181 kilometer Right-of-Way are consistent with what has been described in the final year report, and that issues marked as 'unresolved' are being managed in accordance with Company O&M requirements and best practices.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (2)

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline right of way (ROW)

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 – Obligations of Pipeline Companies
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• PIPELINE ENVIRONMENTAL PROTECTION PLAN FOR THE ENBRIDGE PIPELINES INC. EDMONTON TO HARDISTY PIPELINE PROJECT. June 2014.
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2022-06-14 09:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Restoration
• Water Bodies - Non-Fish-bearing
• Reclamation
• Erosion
• Water Bodies - Fish-bearing
• Reclamation
• Erosion
• Vegetation
• Vegetation Control
• Invasive Plant Management
• Vegetation Reclamation
• Crop Productivity
• Housekeeping
• Waste Management

Facility:

Observations:

General Observations on the Right-of-Way (ROW) occurred from June 14 - 16, 2022, between kilometre posting (KP) 181.000 - 3.000, with the direction of the inspection starting in Hardisty, AB and ending within Edmonton city limits. Periods of heavy rainfall were persistent during the inspection week, creating some access issues. Access to private property was also challenging for some locations. However, the Inspection team was able to inspect a diverse range of reclaimed areas along the project ROW with several observations made in the following categories:

General ROW Conditions  

• ROW corridor parallels multiple lines, and vegetation establishment is uniform across the corridor.
• Vegetation establishment is comparable to Off-ROW conditions. Company indicated maintenance is performed annually, where required. 
• Where issues have been identified as 'Unresolved' in the PCMR, some noted issues were not observable due to vegetation establishment.
• Cattle grazing evident at certain locations, no significant impacts of reclamation observed.
• No major revegetation issues relating to compaction were observed. 
• Heavy equipment observed performing operational activities (e.g., topsoil stripping, grading). No issues noted.
• Nitrogen fixing plants (e.g., Alfalfa, clover) are providing good coverage in areas of sparse grass coverage.
• Ground squirrel and Badger activity (i.e., dens, holes) noted at several locations, and causing some hindrance to reclamation success. 

• Where weeds exist, post-construction monitoring is accurate on reporting of issues. Treatments will continue as per annual O&M plans.
• CER IO noted Canada Thistle infestation on RoW at KP 32.34. IO requested and reviewed vegetation master list to confirm appropriate controls in place at this location. Upon review of document in field, CER IO noted that list notes indicated the site was previously inspected on 11 July 2021, with this tract noted as resolved. At the time of the inspection the IO was of the view that additional management was required, and accordingly Enbridge amended the vegetation master list to a status of Monitor on this location.
  Enbridge later provided information noting that its vegetation management crew inspected the site one week following the CER inspection and determined the clusters of thistle on ROW matched off ROW conditions in the area and no further work was required. 
  The update wasn’t available at the time of inspection because the vegetation management crew had not yet completed their inspection.
  To verify compliance the CER IO requires additional information. Please refer to IR #1.
• Spraying and mechanical treatments of noxious weeds has achieved success at several locations with some issues now being resolved.
• Main species of noxious weeds observed were: Canada thistle, Dog mustard, Leafy spurge. No prohibited noxious weeds were observed. 

• Several locations noting contouring issues were observed, though concerns were not noticeably visible to IO's. Contouring is stated to be managed in consultation and coordination with private land owners.  
• Company personnel stated that contouring issues are being actively addressed. Some success is evident based on CER inspector observations.
• Minor subsidence issues were evident at certain locations. In field IR's have confirmed there are no landowner concerns relating to subsidence issues. Subsidence issues were largely non-observable on the ROW at most locations described as 'unresolved' in the PCMR. 
• Land use (e.g., crop production) has not been affected. Compensation initiatives were discussed for cases where land use has been affected.  

• No erosion or sedimentation issues were observed during the inspection.

• All wetlands observed are highly vegetated with emergent wetland vegetation comparable on and off ROW.
• Drainage and contour appropriately reinstated at traversed wetlands with no issues noted.
• Waterfowl, songbirds, amphibians and insects observed using many wetlands visited.
• No issues noted.

• Riparian areas observed with high vegetation re-establishment 
• Erosion issues at high-water marks are comparable to off-RoW conditions 
• Rip-rap and bank armouring still present at crossings; vegetation has established good coverage over these structures.
• No issues observed at both trenched and trenchless crossings inspected.
• No erosion issues observed. ESC measures have been removed at most locations. Please refer to CNC.1 for compliance information relevant to ESC controls (sediment fence) which was observed at a water crossing location overgrown with vegetation and no longer required.

Compliance tool used: No compliance tool used

Observation 2 - CNC.1 Waste Management

Date & time of visit: 2022-06-16 14:02

Discipline: Environmental Protection

Categories:

• Housekeeping
• Waste Management

Facility:

Observations:

Two instances of non- compliance were observed:
1) At Goldbar Creek, erosion and sediment control fencing remains in place post construction and is no longer required. Fencing observed in an unmaintained state, overgrown with vegetation and no longer serving its purpose. 

2) Near KP 53, fragments of geotextile fabric were observed buried in the soil, with several pieces exposed and visible. Company personnel made efforts to collect any visible pieces and dispose of them. Some fragments will require equipment to effectively remove from the ground and were added to the company deficiency list for follow up.   

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• PIPELINE ENVIRONMENTAL PROTECTION PLAN FOR THE ENBRIDGE PIPELINES INC. EDMONTON TO HARDISTY PIPELINE PROJECT. June 2014.

Relevant section(s):

• 12.0. Clean up and Reclamation. Activity/Concern: Debris. Mitigation Measure, 25. Collect and dispose of all construction-related garbage (including staking and flagging), debris, waste and hazardous material from the construction right-of-way in designated containers or at approved facilities. 12.0. Clean up and Reclamation. Activity/Concern: Silt Fence. Mitigation Measure, 29. Remove temporary silt fence installed during construction where directed by the Environmental Inspector where permanent erosion control measures have been installed or the silt fence is no longer warranted.

Company action required:

The Company will complete the following actions:

• Remove the remaining fragments of geotextile from the areas identified,
• Remove unnecessary erosion and sediment controls found at Goldbar Creek
• Provide written confirmation and supply photographic evidence of the corrected actions.  

Due date: 2022-07-29

Date closed: 2022-07-19
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

There are no observations with outstanding follow-up

Observation 3 - IR #1 - Noxious weeds

Date & time of visit: 2022-06-16 11:48

Discipline: Environmental Protection

Categories:

• Vegetation
• Invasive Plant Management

Facility:

Observations:

Weeds, and noxious weeds are noted at intermittent areas along the Right-of-Way. The five year post-construction monitoring report identified several areas where weed management is still an ongoing issue for operations and maintenance. Some locations observed have densities of noxious weeds not accurately captured in the report, or which are newly emergent including:

KP 32.340 - Multiple highly density clusters of Canada Thistle observed on ROW, as well as individuals across the corridor.  

On 19 Sep 2022 Enbridge provided additional information regarding the nature of this issue, following review of the information the CER IO determined that rather than a firm determination of non-compliance, additional information is required. This NNC was rescinded. Please refer to IR#1.

 

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:

Observation 4 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail

This information has been redacted pursuant to Section 144(5) of the Canada Labour Code