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:
Environmental inspection of TMEP ongoing construction at Spread 3/4A conducted with IAMC Indigenous Monitors. The inspection focused on vegetation (e.g., rare plants), watercourse crossings and mainline construction activities.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Information Request (IR) (pre-inspection ) No. 1 - Rare Plant and Rare Ecological Community Mitigation
Discipline: Environmental Protection
Categories:
Facility:
Observations:
The Resource Specific Mitigation Table (RSMT) for Spread 3/4A outlines site-specific mitigation and is part of the Pipeline Environmental Protection Plan. Table 1 below outlines some information from RSMT Table 5.1-2: Summary of Rare Plants and Rare Ecological Communities in British Columbia (Spread 3/4A).Table 1: Select Vegetation Features – Spread 3/4A
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
Due date: 2020-11-20
Date closed: 2020-12-11 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 2 - IR No. 2 (pre-inspection) - Whitebark Pine
Whitebark pine is listed as Endangered on Schedule 1 of the Species at Risk Act and a Proposed Recovery Strategy is available The Resource Specific Mitigation Table for Spread 3/4A indicates the location of whitebark pine proposed critical habitat along the pipeline spread, based on proposed critical habitat provided by Environment and Climate Change Canada. Table 1 below summarizes information from the RSMT. Table 1 – Whitebark pine proposed regeneration critical habitat – Spread 3/4A
Date closed: 2020-11-27 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.
Observation 3 - IR No. 3 (pre-inspection) - Bark Beetle and Other Forest Health Concerns
As outlined in Table 5.2-1 of the RSMT for Spread 3/4A, the Project intersects Old Growth Management Areas (OGMAs) in the following approximate KP ranges:
For each OGMA landscape unit in Spread 3/4A, provide:
Due date: 2020-11-06
Date closed: 2021-03-26 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.
Observation 4 - Waterbodies
Date & time of visit: 2020-11-24 10:15
Moonbeam Creek (BC-94)
Compliance tool used: No compliance tool used
Observation 5 - Valemount Yard (VAL 026.1)
Date & time of visit: 2020-11-25 15:00
Observation 6 - RoW Construction at KP 503
Date & time of visit: 2020-11-25 12:35
Observation 7 - IR No. 4 - Danger Tree Removal
Several discussions were held in-field with the Inspection Team and Company Representatives around the removal of danger trees. Specifically, the Section 8.0: Survey and Clearing states:49. Reduce or avoid damage to trees on the edge of the pipeline construction footprint to limit the potential for infection and spread of forest health pathogens. Remove trees that are inadvertently damaged or determined to be a danger tree. The “Activity/Concern” for this mitigation measures is listed as “Forest Health Measures – General”. At Moonbeam Creek, Company Representatives indicated that cut trees that land outside RoW boundaries will be pulled in and danger trees that fall outside the RoW boundary will be left for habitat. When discussing danger trees in a wetland at ~KP 490, the Inspection Team asked about removal of danger trees and referenced the above mitigation. In response, Company Representatives indicated that the mitigation point doesn’t specify when trees will be removed. It is unclear whether “remove trees” refers to removing the hazard by cutting the tree or removing the felled tree from the environment. However, given that the activity/concern is Forest Health, it is unclear how leaving danger trees where they fall will appropriately mitigate this concern.
1. Clarify the requirement referenced above in plain language. Specifically, confirm whether “remove trees” means the trees will be removed from the surrounding environment. 2. If the intent of mitigation is to leave the danger trees where they fall, explain the effect of this on forest health.
Due date: 2021-01-25
Date closed: 2021-04-19 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.
Observation 8 - IR No. 5 - Danger Trees and Wildlife Value
Swift Creek (BC-32) area, KP~518In the log deck, the Inspection Team identified a log of a Black cottonwood (Populus balsamifera) tree. The tree had been cut by hand, indicating it was a danger tree.The Inspection Team requested the danger tree assessment (DTA) for the area. The following was noted from the DTA:
1. What is the intended fate of the logs seen stacked at Swift Creek? 2. Confirm whether the Wildlife Danger Tree Assessor’s Course and the Harvesting & Silviculture module is the standard expected for the entire Project. If not, provide the standards that are being used.3. Provide photos and additional documentation from danger tree removal at this location.
Observation 9 - NNC No. 1 - Waste Management
Several pieces of garbage were observed around the Valemount Yard, including:
Compliance tool used: Notice of Non-compliance (NNC)
The Company is to provide evidence that the yard has been swept for litter, and that workers have been reminded of their responsibility to dispose of all wastes and recyclables appropriately (this can take the form of meeting minutes, or a copy of a memo to staff).
Due date: 2021-01-21
Date closed: 2021-01-26 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.
Observation 10 - NNC No. 2 - Secondary Containment
Drip pans were in place as secondary containment throughout the yard, including under generators and for small hazardous materials (e.g., batteries). Numerous drip pans were found to have built up accumulation of snow and water, which reduces the capacity that can be contained within the pan. Observations of water accumulation in drip pans include the following:
The Company is to provide evidence to confirm
Observation 11 - NNC No. 3 - Idling vehicle
Date & time of visit: 2020-11-26 08:35
While parked in the Valemount yard, the Inspection Team observed a pick-up truck that was running with no one in the vehicle. The Inspection Team continued to observe the vehicle while discussing the inspection logistics and noted that this vehicle was idling for at least 30 minutes before the operator drove away. The matter was discussed with Trans Mountain’s Chief EI shortly after it was first observed, who indicated that the EPP did not have idling restrictions at temperatures below 0Celsius. Officers confirmed that the EPP does not restrict idling below zero, however, it also includes a requirement to abide by Municipal non-idling by-laws, where applicable. The temperature at the time, as noted on the display of the IO’s vehicle, was -3C.
Provide a copy of the information provided to staff and contractors regarding idling vehicles.
Observation 12 - NNC No. 4 - Dog on RoW
Date & time of visit: 2020-11-26 10:00
A large dog (>50 lbs) was observed on the RoW near the cleaning station in the vicinity of Swift Creek. The dog appeared to live at the adjacent property and appeared unafraid of the activities underway. A worker indicated that the dog had been around before. Pets are prohibited from the RoW. There are risks to the safety of workers and the dog itself.
1. Explain how dogs and other pets will be kept from the RoW in general.2. For this situation, provide details on measures Trans Mountain has taken to prevent re-occurrence.
Observation 13 - Indigenous Monitor Observation
Date & time of visit: 2020-11-25 12:00
Discipline: Indigenous Monitoring
11/24/202007:00 Cleared through security gate~ Completed Covid-19 screening. (Temperature and declaration)~ Inspection opening meeting.
Moonbeam Creek site visit.~ Weather = Snow fall at times/ winter conditions.
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
