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 watercourse crossings on on Spread 2 in conjunction with DFO and IMs from the IAMC. Scope was focused on pre-construction conditions at watercourses with critical habitat for Athabasca Rainbow Trout (Species at Risk).
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Additional Project-specific requirements or conditions:
Observation 1 - Pre-Inspection Information Request (IR) No. 1 - Watercourse Crossing Construction Activities
Discipline: Environmental Protection
Categories:
Facility:
Observations:
The Inspection Officer has received information from Fisheries and Oceans Canada (DFO) regarding construction activities at Spread 2 watercourse crossings. The information was self-reported by Trans Mountain to DFO and is summarized in the table below. The Inspection Officer notes Condition 43 requires Trans Mountain to file an inventory of watercourse crossings at least 5 months prior to commencing any watercourse crossing activities. On 2 October 2020, Trans Mountain filed an update to Condition 43 related to Spreads 1 & 2. Watercourses in bold, italicized text below had not been provided to the Commission as part of this inventory prior to 2 October 2020. Additional information is required to verify compliance.
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
1. For each of the watercourse crossings outlined in Table 1, provide the following information:
Due date: 2020-10-08
Date closed: 2020-12-14 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 - Pre-Inspection IR No. 2 - Timing of Riparian Clearing
As outlined in IR No. 1, clearing has occurred at multiple watercourse crossings 1-2 years prior to watercourse crossing construction.While the Pipeline EPP states “merchantable and non-merchantable timber can be removed within the riparian buffers, unless otherwise stipulated in a regulatory approval” (Section 8, Pt. 9), Condition 71 states that “Clearing activities will be limited in buffers adjacent to watercourse crossings until just before construction” (Table 5.2-1) (empasis added).This is also stated in Appendix G of the Pipeline EPP, Table G.8-5.Letter Report No. 10 (C03225), which approved the Pipeline EPP, states:The Commission reminds Trans Mountain that all mitigations in the individual approved or accepted plans, which may have been filed pursuant to other conditions, must be implemented, even if a measure was inadvertently not copied across into the updated Pipeline EPP. Further, in the case of any inconsistency the most stringent mitigation described in either the individual plans filed pursuant to other conditions, or the Pipeline EPP must be implemented. (emphasis added). Based on the information outlined in IR No. 1 (Table 1), eight watercourses were cleared approximately 1-2 years ahead of planned watercourse crossing construction.Additional information is required to verify compliance.
1. For each of the watercourses outlined as having been cleared in winter 2020 in table 1, please provide the planned timing of watercourse crossing construction.2. Explain how Trans Mountain is in compliance with the above requirement, including justification of how 1-2 years is “just before construction”.
Due date: 2020-10-16
Date closed: 2020-12-03 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 - Post Construction Site Visit - Little Sundance Creek
Date & time of visit: 2020-10-14 12:00
Little Sundance Creek (AB-137; ~KP 290.46)No active work was occurring in the vicinity of Little Sundance Creek at the time of the inspection. Trans Mountain indicated the construction of the crossing was completed in March 2020 and that final clean-up was to occur in winter 2020/21.DFO indicated this was a post-construction site visit as a Species at Risk Act (SARA) permit had been issued for this site for the handling of Species at Risk (SAR). The Officer observed the following:- A clear span bridge was in place for vehicle access. The inner geotextile layer on the sidewalls was damaged (torn) in some areas, but the outer liner was fully intact. Trans Mountain indicated the bridge wold be repaired before work resumes in the area.- Log cribbing was in place on both banks.- The disturbance of riparian vegetation appeared to have been limited to space required for the bridge and pipeline crossing.- Willow staking was in place on the east bank. Due to the terrain the Officer was unable to view the stakes closely, but no fresh growth was evident from a distance.- Signage in place for navigation and for biosecurity cleaning (whirling disease).
Compliance tool used: No compliance tool used
Observation 4 - Pre-Construction Site Visits
Several watercourses (14) in Spread 2 contain critical habitat for Athabasca Rainbow Trout, a species at risk. DFO required information about pre-construction conditions at these watercourses as part of the process under the Fisheries Act and Species at Risk Act. Nine (9) of the 14 watercourses were visited during this inspection. As noted in IR No. 1, Trans Mountain provided updates on the critical habitat watercourses in advance of construction. The conditions observed in the field were consistent with the information provided by Trans Mountain, with the exception of Ponoka Creek, where clearing had not taken place within the riparian buffer.The observations made at individual watercourses are summarized in the table below.
Observation 5 - IR No. 3 - Clearing Species at Risk Habitat
In-field discussions were held with the Inspection Officer, DFO Biologists and Trans Mountain regarding the clearing of critical habitat watercourses over winter 2019/20.DFO indicated that a Fisheries Act authorization and SARA permit would be required for the 14 watercourses and that no work should occur within the 30 m riparian buffer at any of the 14 watercourses until DFO has completed their assessments. Company Representative confirmed a full freeze would occur on the list of 14 crossings.Vehicle crossings were briefly discussed, and it was determined that Trans Mountain should discuss the matter further with DFO.
Due date: 2021-01-31
Date closed: 2021-02-02 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.
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
