Compliance Verification Activity Report: CV2122-280 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-280
Start date: 2021-06-09
End date: 2021-06-09

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Inspection of the Sumas River Crossing Replacement Project. The Project is to decommission the existing Sumas River Crossing, and to replace it with a new segment of pipe, approximately 405 m in length. Inspection focused on the implementation of the project Environmental Protection Plan mitigation measures and protection of Sites of Indigenous Significance, specifically Heritage Resources, plant gathering sites, engagement with Indigenous groups, asbestos management and the Raptor Nest Management plan.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Additional Project-specific requirements or conditions:

Environmental Protection Plan

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-07-21 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The following information was provided during the opening meeting with the company:
• StanTech Archaeologist and Sto:lo Research and Resource Management Centre (SRRMC) Archaelogy Monitor on site observing ground disturbance as per the authorizations: on the East side of Sumas River for > 70 cm excavation, and for the West side all excavation
• Tail gate meetings emphasize the heritage resources on site – 3 records requested
• The entire worksite has been covered in non-woven geotextile matting overlain with wooden matting.  An Agrologist from the consulting company McTavish participated in the design and will monitor impacts to the soil during wet weather events and for add mixing during topsoil stripping
• Matting is the primary mitigation for managing invasive plant species from spreading on the site and there will be a post construction comparison of the baseline to the post-construction weed survey
• Triton consulting provides the environmental monitoring for the site. There are three inspectors for construction.
• There is one TM-IM from Semá:th.
• Navigable waters signage will likely be installed on the Sumas River by July 1
• TLU Discovery Contingency Plan – company met with Indigenous communities to engage for planning for the Project – walk throughs on site bi-weekly – no sites have been discovered to date
• Raptor nest survey has been completed and a wildlife biologist routinely assesses and conducts a behavioural assessment of the active nest.  A Nest Management Plan has been implemented – requested copy via IR 2.
• Oregon Forest Snail, a SARA listed species have been salvaged from the site (9 individuals) and stinging nettle and big leaf maple habitat exists
• The Painted Turtle, a SARA listed species has not been observed on site
• Indigenous groups have been notified of construction activity – requested documentation via IR 2.
• There are no specific Indigenous plant gathering locations on site - requested documentation via IR 2.
• There is continued collaboration with the Semá:th First Nation and the Archaelogy Branch for delineation of the Lightning Rock sacred site.  The primary mitigation measure for this site is avoidance, and access to the site and has been covered in geotextile and wooden matting. Signage and flagging in place. Access was designed in collaboration with Semá:th.
• Nest surveys continue for new construction activities and Triton Consulting provides the qualified biologist when notified by TMPL personal
• Semá:th First Nation IM Liaison stated that they have been on site continuously and is satisfied from Fall 2020

While onsite, Inspection Officers observed the following:

Compliance tool used: No compliance tool used

Observation 2 - Information Request 1 - Pre-inspection Document Review

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Documents are required for review prior to the inspection.



 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Company action required:

  1. Sumas River Trenchless Crossing Execution Plan  
  2. Water Quality Monitoring Plan – Sumas River requirements 

Due date: 2021-06-07

Date closed: 2021-07-09
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 - Excavation >70 cm

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Excavations on the east side of the Sumas River require an Archeologist to monitor excavations that exceed 70 cm. The Stó:lö Resource and Research Management Centre Archaeology Monitor reported to the IAMC IM’s that the archaeologist stepped away for a short period of time during excavation work on 8 June 2021 and that work continued in their absence. The machine operator stated that while the excavator was working to move soil piles, no excavation work took place during that time. The Archaeologist Monitor continued to express concerns regarding this event and potential for future gaps in archaeological oversight.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Company action required:

TMC to provide:
1) the root cause of this occurrence;
2) what will be changed to ensure this is not repeated and;
3) how the requirements have been communicated to the workforce after the 9 June 2021 discussion in the field with the IAMC IMs and CER Representatives.

 

Due date: 2021-07-21

Date closed: 2021-07-29
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 - Document Request from Closing Meeting

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Several documents were requested for review during the inspection. Given the short timeframe of the inspection, Trans Mountain was unable to produce all documents prior to the close of inspection.

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Company action required:

The following information was requested at the closing meeting and filed on 21 June 2021:

  1. Copies of Heritage Resource authorizations
  2. Record of Indigenous groups contacted with the construction schedule and Project details
  3. Describe the work with IM’s regarding locations of known plant gathering sites and site-specific mitigation measures
  4. Procedure for managing asbestos at the Sumas River Pipeline Replacement
  5. Raptor Nest Management Plan
  6. Record of 3 morning meetings with the workforce that records the protection of heritage resources being emphasized

Due date: 2021-06-21

Date closed: 2021-07-15
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 - Indigenous Monitor #1

Date & time of visit: 2021-06-09 09:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by Indigenous Advisory and Monitoring Committee (IAMC) Indigenous Monitors (IMs) participating in the CER inspection are recorded in this observation. Any compliance-related observations that require specific regulatory follow-up have been recorded in the preceding observations.

IM Observations:
I attended this inspection with the CER and my observations have been appropriate captured by the inspection officer observations. I have nothing further to add at this time.

Compliance tool used: No compliance tool used

Observation 6 - Indigenous Monitor #2

Date & time of visit: 2021-06-09 09:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by IAMC IMs participating in the CER inspection are recorded in this observation. Any compliance-related observations that require specific regulatory follow-up have been recorded in the preceding observations.

IM Observations:

To be added when received.

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:

- 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