Compliance Verification Activity Report: CV2223-128 - Trans Mountain Pipeline ULC


Compliance verification activity type: Field Inspection

Activity #: CV2223-128
Start date: 2022-04-25
End date: 2022-04-29


Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):


Related events:

Rationale and scope:

TMX Spread 5B - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify adequate erosion and sediment control measures, specifically at watercourse crossings, mitigation at site of Indigenous significance, and nesting bird mitigation measures. 

Compliance tool(s) used:

Facility details


Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - General construction observations

Date & time of visit: 2022-04-26 11:15

Discipline: Environmental Protection




KP 1047.8 - Bore crossing under Archaeological site

-DTH (Down the hole hammer) bore used due to local subsurface geology.
-Bore excavations dry and free of water at time of inspection. Dewatering points described by foreman however no active dewatering at time of inspection.
-Various erosion and sediment control (ESC) mitigations observed in place to protect topsoil and spoil piles including seeding with fall rye, covering piles with geotech fabric as well as black poly sheeting in instances where fall rye didn’t take.
-Soil piles staked and segregated appropriately with geotextile barriers separating topsoil from spoil to conserve space on narrowed RoW footprint.
-Site is gravelled with crush which appears to be effectively preventing dirtying of water and associated sediment transport offsite.
-Cut edges surrounding rig mat access also noted as an effective ESC measure at this site.
-Site is well-maintained with good housekeeping and no construction waste observed.
-Archaeological site plan reviewed. No issues noted.
- Trans Mountain personnel indicated that the archaeological site was discovered during a chance find by BC Hydro.
-Signage at site indicates “environmentally sensitive area” which was done consciously to mitigate risk of public looting of archaeological feature.
-Buffer in place surrounding entire polygon of archaeological site which is completely delineated and avoided by construction. Avoidance of feature at this site involved extending road bore drill by approximately 30 m.
-Archaeological site is traversed by matting and gravel on work side of RoW. No ground disturbance observed within feature polygon.
-Nesting bird mitigation tested at site. IO interviewed foreman and straw to confirm that bird maps were available and emailed in the morning to each of their phones. Straw confirmed that nesting bird mitigation is discussed with crews at morning tailgate meetings. Foreman and straw confirmed awareness of two active nests at site which has been green for a construction given off RoW buffer limits.
-Work authorization form reviewed. Date is April 26, 2022. Work authorization indicates bird sweeps and Environmental Inspector (EI) walk-through completed from KP 1045.5 to 1048.0.
-Right-of-Way in area is narrowed as it traverses campground and residential features in this area. Security fencing in place at RoW boundary. No issues noted.

Railway Creek Crossing

-Interviewed foreman to test nesting bird mitigation. Foreman presented nesting bird maps upon IO request and demonstrated appropriate awareness of nesting bird mitigation as well as communication protocols with crews.
-Inspected invasive plant mitigation at site (Japanese knot weed @ KP 1031+870). Topsoil and spoil stripped, staked and segregated appropriately with signage in place clearly identifying both piles. These soil piles are fenced off and appropriately segregated from workspace.
-Dewatering in progress at site. Trans Mountain personnel indicated high water table is persistent in this area and that water will be managed using sandpoint system as excavation begins.
-Small culvert on the edge of right of way covered with poly and sandbags is being used to divert water from Non-classified drainage (NCD BC-647) and keep water clean as it leaves the site rather than pooling on and interacting with disturbed workspace on RoW.
-Inspected watercourse 646a. Trans Mountain personnel indicated site conditions have changed significantly since the flood with large rock, cobble, log and sediment deposition having occurred during flooding in this area. Trans Mountain personnel indicated that resource specialists delineated new 10 m buffer an area in accordance with rock deposition and new watercourse bank locations following the flood event.
-Dewatering point inspected in this area. At the time of inspection water leaving filter bag is in small rivulets removing leaf litter and duff from forest floor. Trans Mountain confirmed that additional monitoring may be required to prevent erosion in the event that dewatering activities increased flow of discharge or a larger pump was needed for the water in the worksite.
-Sideboom spot check inspection confirmed equipment is free of leaks and has spill kit on board.
-Wildlife feature (WILD-67 @ KP 1030.62) inspected. Trans Mountain personnel described mitigation which has already been implemented for Coastal Tailed Frogs (a SARA listed species) in this area includes salvage followed by habitat removal to prevent tadpole stage from re-entering the workspace. Once habitat was removed construction activity had proceeded. Mitigation within Railway Creek described to be salvage followed by rock removal during isolation to remove habitat. Once salvage complete and habitat removed construction activity will proceed.
-Deposition of flood debris discussed with Trans Mountain personnel. Contractor foreman described plan to mix amalgamated flood debris (primarily gravels and cobbles) with subsoil during backfill. Plan is to blend material into spoil during reclamation and grade evenly across RoW during clean up.
-Railway Creek crossing inspected. Trans Mountain team described how following the flood event, creek channel was restored to redirect water towards existing highway culvert. Trans Mountain personnel indicated ongoing planning is underway to determine best crossing methodology either via open cut or trenchless crossing. Leanings are towards trenchless crossing due to site specific conditions and to minimize disturbance.
-Amphibian salvage to occur in area prior to further construction on opposite side of Railway Creek towards Coquihalla River.

KP 1067 - Clearing crew #2 at Road 88/89

-Vehicle crossing access inspected at BC 682 (access crossing is downstream of RoW crossing, which is uphill from access). Wing walls and geotextile wrapped bridge well-maintained and free of debris.
-No evidence of dirt or sedimentation entering watercourse from vehicle crossing
-Right of way in area shows good housekeeping practices with no construction waste or debris observed in area.
-Soil piles appropriately signed, staked and segregated in area.
-Right of way and workspace appears tidy and well organized.
-Wing walls surrounding riparian buffer zone topsoil pile are in need of maintenance. No topsoil had left containment, nonetheless Trans Mountain repaired the wingwalls during the inspection.
-Spill kit in place at vehicle crossing
-Appropriate environmental signage in place for water crossing.
-Robust drainage (rock armoured swale) on site constructed out of course cobbles and feeding into culvert with geotextile rap observed beneath cobbles. No signs of erosion or sedimentation on or off site at time of inspection.
-WC crossing BC-682 on RoW inspected. 30m buffer in place with appropriate signage and visual barrier. No evidence of grubbing or stumping within riparian buffer zone. Foreman indicated clearing within buffer had been completed by hand falling trees and brush. No evidence of debris falling within water course observed at time of inspection.
-Rollback conservation and requirements discussed with foreman. No issues noted.
-Foreman demonstrated appropriate awareness of environmental mitigation including nesting birds situational awareness and was able to provide up to date bird maps upon request.
-Foreman appropriately described environmental protection measures for minimizing disturbance adjacent to watercourse crossings.
-Right of way narrowed at up-gradient section of watercourse, conserving riparian brush, trees and vegetation.
-Spill kit in place adjacent to water crossing.
-Excavator working adjacent to water crossing inspected and observed to be free of leaks during equipment spot check.
-Geotextile wingwalls on vehicle aerial crossing well maintained and bridge clean and free of debris. Crews actively working on cleaning and repairs at time of inspection.

KP 1064.26 – Active bird buffer location
-Nesting bird is American Robin. Bird buffer signage and fencing appropriate and clear visual barrier across RoW to prevent access. Buffer fencing is yellow nylon rope with flagging ribbons, staked out 30 m buffer from nest location.
-Resource specialist biologists from AEW consultant (which is partner with local FN communities) on site conducting observations of bird nest.
-Resource specialists interviewed and indicated new nests have been identified in area north of right of way, which will have partially overlapping buffer with previously identified nest location.
-Erosion and sediment control measures in this area include various grades of rock armoured swales, gravel check dams and well gravelled roads to minimize erosion and siltation of runoff. No issues noted.
-Topsoil pile at site covered with coir matting to mitigate erosion during rain events.

KP 987+280
-Small volume hazardous products stored in weatherproof secondary containment
-Spill kits on site.
-Verify compliance with erosion and sediment control mitigation
-CER IO observed sediment deposited offsite and off project footprint in ditch adjacent to highway infrastructure. At time of inspection small volume of silt laden water leaving site through small retention pond created by straw waddles. TMEP representatives indicated that upon discovery of the dirty water leaving site, they had responded by damming the water using waddles, and installed a dewatering system with pump and filter bag in approved location. Inspection team followed trail of sedimentation approximately 20 m and observed sediment deposition off right of way partially beneath snow, as well as an additional 20 m further beyond fence off right of way towards roadway. No sensitive features observed in this area at time of inspection. Trans Mountain indicated it is currently assessing impact of sediment deposition off right of way prior to determining if additional cleanup measures will be warranted and if this is in fact a deficiency to be added to its deficiency list. IO requested information including parameters assessing sediment deposition, how impacts would be assessed and if this would be identified as a deficiency and added to the deficiency list to ensure cleanup of sediment deposits following snow melt. Trans Mountain agreed to provide this information the following morning. Upon review IO notes this matter is being appropriately managed at this time.
- WT 1132 sediment fence appropriately keyed in and installed at wetland boundary.
-TLU and environmentally sensitive area signage in place on RoW.

KP989.002 environmental sensitive area 

-Wet bars (cobble cross drain channels across RoW) installed and being maintained in area at time of inspection. Crews were also maintaining flumes and ditches in this area to ensure proper dewatering of RoW to allow continuance of project during spring breakup.
-Water flowing offsite with small amount of silt in water. No evidence of sedimentation or sensitive down stream receptors Prior to leaving RoW, water is entering rock lined settling basin.  IO assessment at time of inspection is that degree of sediment laden water is minor enough that an impact would not be created. This is in consideration of downstream receptors which at time of inspection is a heavily forested area with utility corridor crossing the area.
-Spring break up preparedness work and progress on right away underway.
-Trans Mountain personal explained how coarse woody debris (CWD) and roll back has been used to shield topsoil pile from erosion. IO observed CWD on topsoil piles used as erosion control. No issues noted.

KP1062.2 road 83 
-Row in this area traverses steep slope adjacent to watercourse in Oregon Forest Snail habitat.
-Appropriate ESC measures installed on right of way in this area.
-Spot check downgradient of RoW revealed no sediment deposition beyond ESC controls or transport of sediments beyond project footprint.
-Sections of RoW in this area have undergone final cleanup and inspection of these areas revealed appropriate re-contour of grade and replacement of topsoil. Coarse woody debris, rocks and wood chips observed installed to maintain appropriate micro-topography for Oregon Forest Snail within these areas.
-Exclusion fencing for Oregon Forest Snail observed appropriately installed and well maintained on both sides of RoW.
-Lead EI described additional mitigation for Oregon Forest Snail during cleanup and reclamation will include plantation of stinging nettle plots to reclaim species habitat.
-Lead EI described cleanup and reclamation measures implemented as per the site specific reclamation plan at this location.
-Inspection team visited reclaimed slope approaching water course in this area. ESC mitigations observed at site include diversion berms, coarse woody debris including logs and root structures, as well as rocks and boulders.  Roughed up micro-topography and wood debris mixed into organic layer are anticipated to further support effective ESC. Straw waddles observed installed at kick offs downgradient of diversion berms. Coir matting observed installed on appropriately recontoured banks of water course. Watercourse channel and bed reinstalled with rock cobbles, with water observed flowing in two distinct channel features at time of inspection. Sloped area was observed to be seeded at time of inspection. No issues noted.

KP1039.4 Archaeological site 
-Trans Mountain personnel confirmed that BC Heritage branch has issued alteration permit which authorizes work at site. Permit requires matting and geotextile covering of site areas outside of ditchline to protect site, which was consistent with observations at time of inspection.
-Polygon for archaeological site on RoW appropriately delineated with visual buffer at time of inspection.
-Inspection team met with project archaeologists who had discovered two artifacts within soil test hole on trench line just prior to inspection team arrival at site.
-Spiritual mitigation (red ochre/tumeth) was offered to the inspection team by the company consultant.
-Visited chance find site on right of way at approximate KP 1039. 6. Site was appropriately roped off with buffer and no access signage. Observed archaeological crew sifting through salvaged topsoil pile from chance find location.
-Signage indicating environmentally sensitive area environmental monitor required observed on site to noting broader archaeological site polygon. Trans Mountain indicated that signage indicating environmentally sensitive areas consciously chosen to protect archaeological resources and limit public interest looting of resources.


Compliance tool used: No compliance tool used

Observation 2 - Observation of Indigenous Perspective

Date & time of visit: 2022-04-26 08:00

Discipline: Socio-Economic




 Indigenous Monitoring Program
- Met with company Indigenous Monitors.
- The focus was the Company IMs and what they do in a day, and following up on observations made during a previous IAMC IM-led inspection (CV2021-193).
- Company IMs stated they travel up and down the spread stopping at areas of interest a few days apart making sure they are not being disturbed and mitigation is being applied as needed.
- Inspection Officers and Company IMs and EI observed an area of focus to the IMs where there were Sites of Indigenous Significance, Culturally Modified Tree (CMT)  and Chance finds.
-IMs noted to consider community interests in their work and in their contribution to the TMEP inspection program.
- Officers asked questions about the capacity building of the IMs on the spread. Discussions indicate that Trans Mountain supports the training that would help develop the skills and careers of the Trans Mountain Indigenous Monitors.  Discussed with the company IMs the training they were receiving from Trans Mountain and if they wanted to build their capacity, whether they had a person to reach out to. IM explained their role and education, as well as relations and role with respect to IM coordinator and broader inspection program. The company noted there was a designated EI for IMs to ask questions and relay concerns. 
- Confirmed that quarterly meetings are being held with the TM IM Coordinator and the IMs, as required.

Sites of Indigenous Significance
-Erosion and sediment control measures adjacent to Sites of Indigenous Significance observed to be appropriately installed and adequately maintained.
-Traditional Land Use (TLU) areas traditionally used for hunting observed with appropriate water and soil pile management to maintain watering holes for wildlife use.
- Over the course of the inspection, observed TLU, and other sites of indigenous significance that were marked and avoided.  Discussed TLU sites and the mitigation that was applied.
- Observed a Heritage Resource site being actively monitored by an archaeologist. Oral confirmation about the area is that there were stone tools in the area. Discussed that there maybe other Heritage Resource sites in the area.  
- The Company IM shared stories about the people that had previously migrated in the area. This indicates the area is of Indigenous significance.

Road 97
-Met with Trans Mountain IM and Indigenous EI who provides IM support. EI described background, education and training gleaned from work with Trans Mountain on the TMEP, as well role with respect to IM coordination.
-CMT location inspected. Appropriate buffer and boundary in place with flagging rope surrounding CMT location. Trans Mountain IM who had accompanied the inspection team for the day indicated that another CMT which needed to be cleared for construction in this area was appropriately removed and provided to his community.
-Signage indicating authorized personnel only in place at site buffer with CMTs inside buffer flagged off with environmental flagging tape.
-Erosion and sediment control measures at this location and adjacent to CMT site adequate and well maintained, and included rock armored drainages with gravel check dams.
-Signage in place at CMT buffer facing RoW noting TLU and environmentally sensitive areas identified at this location.


Compliance tool used: No compliance tool used

Observation 3 - Indigenous Monitoring

Date & time of visit: 2022-04-26 08:00

Discipline: Indigenous Monitoring




The CER had not yet received observations from the Indigenous Monitors on this CVA at the time this report was drafted. The CER will update the report and add observations if and 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