Compliance Verification Activity Report: CV2021-199 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-199
Start date: 2021-03-09
End date: 2021-03-12

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 instream watercourse crossings O&M work at Rockingham Creek and integrity digs associated with the reactivation in Jasper National Park and Mount Robson Provincial Park. The scope also included construction activities in Spread 2. IAMC Indigenous Monitors participated in this inspection.

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 - Reactivation - Rockingham Creek

Date & time of visit: 2021-03-09 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 2 - Reactivation - Integrity Digs

Date & time of visit: 2021-03-09 13:25

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Parks Canada (Parks) Environmental Survelliance Officer joined the inspection team for these sites, located in Jasper National Park.

Dig 30C
Company Representatives indicated that this dig was underway the week prior to the inspection and that potential contamination had been identified (visually and by odour), resulting in the implementation of the Contamination Discovery Contingency Plan. Company Representatives indicated that resource specialists would be on site later in the day to take samples.

The following observations were made during the inspection:
- The dig site was fenced off and the potentially contaminated material was place on and covered in an impermeable tarp. 
- Some water had accumulated in the ditch. Trans Mountain personnel indicated this appears to be related to high water table in this area.
- Topsoil pile was staked, labeled and covered along the matted access to the dig.
- Signage prohibiting refuelling was in place.
- An excavator bucket was wrapped in an impermeable tarp and labeled "disinfect" in the laydown area for the site.

Following the inspection, Trans Mountain submitted the results of the initial sampling and confirmed exceedences (i.e., confirmed contamination). The Reactivation Environmental Protection Plan (EPP) requires Trans Mountain to submit a Remediation Plan to the CER within 45 days of discovery of a previously unidentified site. Officers confirmed via email that Trans Mountain is on track to meet this 45 day requirement and have referred the file to the CER's Remediation Staff as this issue will now be addressed via the CER's Remediation Process Guide and no further follow-up is required through this CVA.

Digs 8, 9 and Sleeve 3
- These sites were located within 10 m of the highway and were in close proximity (~300 m of one another).
- At the time of the inspection, access clearing was underway.
- The dig sites were staked out.
- The area of the digs is a wetland complex, which was largely frozen at the time of the inspection. Company Representatives indicated the locations of the dewatering areas, which had been previously approved by Parks.

No non-compliances were identified at the time of the inspection.

Compliance tool used: No compliance tool used

Observation 3 - Spread 2 - General Observations

Date & time of visit: 2021-03-10 10:14

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Right-of-Way Construction
- Topsoil and spoil piles were observed throughout the RoW with separation, staking and labeling as outlined in the EPP. 
- Topsoil and transition pile stored with partial overlap as per amended EPP. Trans Mountain personnel indicated this amendment conserves workspace and also mitigates topsoil loss observed from water erosion in the gullies created between the topsoil and transition piles when these are stored toe to toe.
- Spill kits were observed where required.
- Signage for environmental features (e.g., wetlands, TLU sites, watercourses) and prohibiting refueling were observed where required.
- Lowering-in activities were underway at approximately KP 189. Conditions were wet and muddy at the time of the inspection, no major ruttting was observed. Ditch dewatering was occurring in the vicinity, the pumps were located within secondary containment and water discharge was occuring in a well-vegetated area off RoW within an appropriately constructed dewatering structure.
- Several minor pieces of construction waste (e.g., geotextile, flagging tape, stakes)  were observed along the RoW in various locations. Housekeeping was discussed with Company Representatives who indicated that clean up of refuse is required throughout construction and that a completion list is reviewed for each section on the RoW prior to final clean-up and that this includes a thorough walkthrough and check for any remaining waste materials. As final clean-up had not yet occurred, waste observed was immediately removed by Company Representatives, and there was no immediate environmental hazard presented by the litter, Officers have determined that the use of compliance tools for this matter is not warranted at this time.

Watercourse and Wetland Crossings

Pembina Horizontal Directional Drill (HDD) Site
- No active work was occuring as this HDD was completed in late 2020.
- At the west side of the HDD the pipe was capped and the area of the ditch/hole was fenced off with snow fence.
- Appropriate signage was in place. The steep bank was roped off. 

Wolf Creek (AB-129) HDD Site
- No active work was occuring as this HDD was completed in late 2020.
- The drill site was matted and lined with an impermenable geotextile.
- Some construction related materials were in place, stockpiled at the site edges. 
- The exposed pipe end was capped and the excavation was fenced off.
- Sediment fence was partially downed at the west end of the site. Company Representatives partially repaired it on site and added the location to the deficiency list for a more complete repair. Officers are satisfied with the action taken and no compliance tools are required as there was no immediate risk to the environment.

Ponds HDD Site
- This site was active at the time of the inspection. Company Representatives indicated that drilling for the pilot hole was underway.
- A sound barrier was observed at the south end of the site. Company Representatives stated that no noise complaints had been received to date.
- Hazardous material storage was observed to be in secondary containment, where required. A product "Clay Star" was observed in sealed buckets on a pallet. Officers requested the Safety Data Sheets (SDS) for this material, which was provided the following day, at which time Company Representatives indicated they had placed these buckets in secondary containment as a precaution as the SDS was unclear about aquatic toxicity. Officers are satisfied with the proactive measures taken by the company. 
- A seacan on site was confirmed to contain the equipment required to address an inadvertent fluid release (frac-out).
- Toolbox seacan inspected. Small volume hazardous products observed to be appropriately labelled and stored.
- Officers requested and received biosecurity cleaning records for an excavator on-site.
- The site was generally tidy and organized and waste segregation was checked and confirmed to be appropriate (general waste vs. hazardous materials). 

Trail Creek (AB-167)
- Clearing had occurred in the vicinity of this watercourse. The 30m riparian buffer zone (RBZ) was roped off with a "do not enter sign" and no clearing was observed within the RBZ. Company Representatives indicated that this mitigation was in place as this watercourse contains critical habitat for Athabasca Rainbow Trout and was currently under assessment by Fisheries and Oceans Canada, making it a no-go zone.
- Coarse woody debris (CWD) was observed to be stockpiled separately in the immediate vicinity.

Little Sundance Creek (AB-137)
- This location and a nearby wetland were in various stages of cleanup at the time of this inspection.
- Sediment fence in this area observed to be sagging slightly while functioning effectively to retain sediment. Trans Mountain indicated sediment fence sagging is unavoidable when installed on curving sites. No compliance issues noted at this time with respect to erosion and sediment control (ESC) in this area.
- Little Sundance Creek is a crossing with its clearing width narrowed by design, which was evident at the time of inspection, with narrowing up of the RoW and mature trees preserved in the riparian buffer.
- Trans Mountain personnel provided the Inspection Team with an overview of the construction technique used at this crossing, which involved a rock wall, with cable anchors to preserve the banks in this location. The banks were frozen and stable at the time of the inspection, however Trans Mountain indicated this material is very soft and loose in non-frozen conditions.

Spring Break-Up Preparation
- IOs requested Trans Mountain personnel to show an example site where spring break-up preparedness measures have been put in place, and a site at KP273+500 was chosen.
- Various erosion and sediment control measures were observed in place including diversion berms, waddles and silt fence.
- Trans Mountain personnel provided the Inspection Team with an overview of the spring break-up plan, and the various measures Trans Mountain uses to mitigate erosion and siltation during break up, as well as plans for dewatering and restarting construction heading into the summer months.
- Trans Mountain personnel indicated the ESC measures are installed as a best effort based on site specific assessment, then monitored on a risk based basis by EIs during break-up, and adapted as break up-occurs. Trans Mountain clarified that its Environmental group has 8 EIs and 3-4 IMs on staff. Monitoring will occur with any combination of these staff members pending shift rotation through the spring months.  will be focused on monitoring ESC locations, particularly in sensitive areas such as watercourse during break-up.
- Geotextile material was observed to be mixed into spoil piles at this location. Trans Mountain personnel indicated it is unlikely the source of this material related to TMEP construction but regardless this will be added to the deficiencies list to be addressed during cleanup. As final clean-up had not yet occurred, and accessible waste observed was immediately removed by Company Representatives, and there was no immediate environmental hazard presented by the litter, Officers have determined that the use of compliance tools for this matter is not warranted at this time.

Traditional Land Use (TLU) Sites
- Signage indicating the presence of confidential TLU sites was observed over the course of the inspection. Discussions were held in the field about management of these sites, including maintaining confidentiality and mitigation to be implemented. Officers had no concerns with the information provided and the sites observed.
- TLU 9, a cultural use site, is located in the proximity of the Pembina River. Officers confirmed that appropriate mitigation had been implemented at this location.
- The Inspection Team met with Trans Mountain Indigenous Monitors and held a discussion in the field to check in with progress on corrective actions related to the Trans Mountain Indigenous Program since the last inspection. Feedback gathered from Trans Mountain IMs was that positive changes have occurred with improved relationships between EIs and IMs since the last CER inspection and related corrective actions.

No non-compliances related to environmental protection were observed at the time of the inspection.

Compliance tool used: No compliance tool used

Observation 4 - Spread 2 - Corrected Non-Compliance (CNC) No. 1 - Inappropriate Materials

Date & time of visit: 2021-03-10 14:20

Discipline: Management System

Categories:

Facility:

Observations:

At approximately KP 188 a worker was observed with two inappropriate hardhat stickers - one sexually suggestive and the other with offensive language. When raised by the IO, Trans Mountain representatives immediately addressed the situation. Company Representatives reiterated Trans Mountain's commitment to remove materials of this sort from the workplace and confirmed that this was addressed at the Inspectors Meeting the following morning and that foremen would discuss this matter with workers as part of the safety tailgate that day.

Officers are satisfied with the corrective actions taken and no further follow-up is required to achieve compliance.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Officers consider the actions taken by Trans Mountain to be appropriate and no additional corrective action is required.

Due date: 2021-03-11

Date closed: 2021-03-22
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 - Spread 2 - Information Request No. 1 - Clearing in Riparian Buffers

Date & time of visit: 2021-03-10 14:39

Discipline: Environmental Protection

Categories:

Facility:

Observations:

In-field discussions were held at watercourses AB-118A (non-classified drainage) and AB-118 (Class C, fish-bearing) regarding clearing activities within riparian buffer zones (RBZs). These discussions continued at AB-168, an area where clearing was underway at the time of the inspection.

Officers noted full-width clearing within the RBZ at both watercourses. Discussions were held about the timing of clearing and whether the RoW was narrowed-up at watercourses to minimize clearing.

Company Representatives stated that clearing crews come through following survey and clear as is marked/staked by survey crews and that narrowing up of the RoW (i.e., reducing width) in the RBZ is done during the planning stage and reflected on the Environmental Alignment Sheets (EAS) and that this only occurs at certain crossings, generally at larger watercourses. Regarding whether narrowing up of the RoW was considered or discussed at the field-level during construction, Trans Mountain later clarified that the project was currently clearing (removal of merchantable and non-merchantable timber within the RBZ) to the limits of the approved footprint and as approved in the EPP. There were topics discussed at this time such as; safety factors like swing distances for various pieces of equipment (i.e, excavators, counterweight clearance for side booms). As well, the location of temporary vehicle crossings installed to support clearing activities will not be in the same location when access crews develop vehicle crossings to support mainline construction. At the time of inspection, Trans Mountain also explained that the vehicle crossing for mainline construction will be farther into the travel/workside.

The EPP states that each crossing requires pre-planning with the Environmental Inspector (EI) prior to commencement of clearing acitivities at watercourses, wetlands and non-classfied drainages (NCDs). Based on in-field conversations it is unclear whether this occurred. Additional information is required to verify compliance.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Explain in general how the EI is involved in pre-planning prior to the commencement of clearing activities.

2. For each of AB-118, AB-118A and AB-168 provide documentation that demonstrates that the pre-planning occurred. This should include the titles of personnel, dates, and site-specific information related to the pre-planning.

Due date: 2021-04-16

Date closed: 2021-04-26
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 6 - Notice of Non-Compliance No. 1 - Site Orientation & Environmental Handbook

Date & time of visit: 2021-03-09 08:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Prior to commencement of the field component of the inspection, the Inspection Team recieved the "visitor orientation" at the Jasper Yard for the Reactivation. This orientation included a video for the TMEP including specific environmental considerations.

The video indicated that all visitors to the RoW will received the TMEP Environmental Handbook (Handbook). This was not provided to the Inspection Team until it was requested. Officers then followed up with the contractor's environmental coordinator who indicated that the Handbook is only provided to those who complete the Level 1 Environmental Awareness Training.

Officers note that the Compliance Management Plan (CMP), which is part of the Project's Environmental Plan outlines the levels of environmental training, and details around the delivery method, materials, and content for personnel undertaking various roles for the TMEP, including visitors. Table 5-1: Summary of Environmental Compliance and Education Training states that the Handbook is to be distributed to each person completing the site orientation and that the Declaration Form (contained within the handbook) must be completed and signed. Table 5-1 further states that the Declaration Form will be handed to the training provider and that the contractor will track personnel who have completed Site Orientation Training.

The Handbook is a 42 page booklet that outlines Trans Mountain's Environmental Commitment and includes information on sensitive environmental features and a worker and visitor code of conduct.

Officers also note that the Declaration Form includes a statement referring to the completion of the Visitor Site Orientation.

Based on the information reviewed, Officers have determined that Trans Mountain is in non-compliance to the requirements around distribution of the Environmental Handbook for visitors. 

 

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Trans Mountain will indicate what specific steps will be taken to achieve compliance with respect to the Site Orientation and Environmental Handbook. Trans Mountain will confirm the scope of these corrective actions as they apply across to the Project in its response.

Due date: 2021-04-16

Date closed: 2021-04-26
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 7 - IAMC IM Observations

Date & time of visit: 2021-03-09 10:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

Overview
Overall, inspection sites were found to be well-organized, clean and free of garbage and debris
that is not naturally occurring. One small site with Geotech debris in soil was identified at KP
273+500.

Observations
Rockingham Creek
• Top-soil staked and labeled, covered with geotec
• Spill trays present under stationary equipment
• Rock coating on pipe for the creek section to weigh it down
• Creek isolated
• PFDs on site
• Fish salvage had occurred a couple days prior to inspection during which three
rainbow trout had been salvaged and released downstream
• Water discharge in place
• Water quality monitoring in progress
• Root ball salvage (conifer) – kept dormant by covering with snow and silva-cool

Dig 30C
• Open excavation with fencing in place
• Potentially historic contaminated site
• Wind sock present
• Rig matting in palce
• Material on site covered
• Danger signs present

 Dig 8-9, Sleave 3
• Flagging in place
• Wetland complex
• Slashing in progress
• Matting not yet in place

Pembina River Crossing
• Soil piles staked and labelled
• End of pipe from HDD – end caps visible
• Open excavation signage and fencing in place

Ponds HDD
• Sound barrier in place
• Drip trays present under stationary equipement
• Spill kits present
• Sediment fence in place
• Site was organized and clean
• Waste dispoal signage present
• Waste in proper containers

KP 189.500 to 189.00
• Drop trays present under stationary equipment
• Lowering-in taking place at time of inspection
• Proper signage in place
• Dewatering progress

KP 307+710
• Potential isolation through creek, pending DFO approval
• 30-m buffer roped and flagged-off
• Survey stakes and signage in place

KP 309+400
• Water course identification in place
• Stumping and grubbing in progress
• Sediment control in place
• Signage, flagging and staking in place

KP 273+500
• Stripped out
• Sediment control in place
• One side of right-of-way roped off
• Soil staked and labelled
• Pieces of Geotech mixed in soil in one small location, otherwise clean and wellmanaged

Little Sundance Creek
• Rough clean-up stage
• Well landscaped
• Erosion control in place at creek
• Temporary bridge removed a couple of weeks prior to inspection
• TMEP IMs present at site

KP 219+350
• Wolf Creek HDD, north side
• Geotech separation control in place, down in one small section
• Fencing around HDD excavation
• Geotech and some rig mats still in place
• Signage in place

Unresolved Issues / Observations
There are no observations or issues that did not get resolved in the field or that otherwise need
to be addressed through the Issues Management Process.

 

Compliance tool used: No compliance tool used

Observation 8 - IAMC IM Observations

Date & time of visit: 2021-03-09 10:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.


CER, Indigenous Monitors, Parks Canada Environmental Surveillance Officer and company
Representatives took part in this week's inspection. We looked at a number of sites in Jasper
and Edson on this Inspection.

Orientation at the yard to start the week
Weather conditions were mild to muddy and wet throughout the week
Rockingham reactivation water course crossing the set up of all equipment and pumps for the water diversions were in great condition for the construction operations that are underway. Two Aquatic Environment Specialists were on site and will remain on site for the duration of instream
work. the site looks to be in good operations, including the housekeeping cleanliness. The pumps on site of the water course was an impressive site to see no leaks. Looks good.

Another site we looked at had a constructed sound barrier wall, given there were no noise complaints from nearby residents. Observed the hazardous material container, waste bins, drip trays all were of compliance.
Confidential Traditional Land Use (TLU)site signage was in place and undisturbed which is excellent.
We also observed the reclamation stage of a site that underwent construction. The ground that was worked on seems to be in good condition, the temporary bridge at this site was removed in March 2020 given the time frame from then until now March 2021 site looks fairly clean there
were some pieces of geotextile ribbon tape,and such still on the ground in some places. Company representatives have stated that it will be picked up in the final cleanup.

To sum up everything that has been stated so far I have no concerns and look forward to working on another inspection in the future.
 

Compliance tool used: No compliance tool used

Observation 9 - Spread 2 - Information Request No. 1.2 - Clearing in Riparian Buffers

Date & time of visit: 2021-03-10 14:39

Discipline: Environmental Protection

Categories:

Facility:

Observations:

As outlined in IR No. 1, it was unclear whether narrowing up of the RoW and reducing the extent of clearing is considered at the field-level during construction at watercourse crossings.

In response to IR No. 1, Trans Mountain indicated that the EI's involvement relative to pre-planning of clearing and construction activities at watercourses includes:

The response did not indicate whether any planning is done in order to reduce the extent of clearing in riparian buffers.

Additional information is required to verify compliance.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Trans Mountain will describe the process it uses for determining whether full width clearing is essential at watercourse crossings. In its response, Trans Mountain can use AB-118, AB-118A and AB-168 to demonstrate how the clearing that was undertaken is/was essential for construction. This response should include, at a minimum, site-specific crossing plans and pre and post-clearing photographs.

 

Due date: 2021-05-05

Date closed: 2021-05-07
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