Compliance Verification Activity Report: CV2122-116 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2194
• Inspector 1897

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-205
• CV2223-128
• CV2223-129

Rationale and scope:

Environmental inspection of spread 5B construction focusing on implementation of mitigation measures committed to in the EPP, Resource Specific Mitigation Tables, the SARA Permit and specific contingency plans. Spread 5B consists of new pipeline construction and installation of a 36 NPS pipeline, and the Spread starts at the Coquihalla Summit at KP 990.30 and ends at KP 1075.92. Areas of focus during the inspection included Heritage Resources, SARA listed species, watercourses and sediment and erosion control.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (1)
• Information Request (IR) (1)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Condition 72 IR 4.1 Updated EPP Addendum October 1, 2019
• Project-specific plan or procedure
• Environmental Plans Volume 7 Resource Specific Mitigation Tables Spread 5b KP 990.30 to KP 1075.92 for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project February 2021 Rev 7
• Project-specific plan or procedure
• Condition 72 EAS, RSMT Rev7 Spd5B includes ETWS Feb 4, 2021

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-10-28 15:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Integrity
• Housekeeping
• Waste Management
• Temporary Structures

Facility:

Observations:

• Inspection team discussed water management and sediment and erosion control issues observed during inspection CVA2021-205 last year.
• TMEP representatives stated:
  •  a new prime contractor has been hired and they have utilized their learnings from previous issues last year. They also indicated that a change in construction management was made as well.
  •  prime contractor received sediment and erosion control training onsite last week.
  •  the prime contractor is currently on a standdown for an unauthorized crossing over the Enbridge line.
  • only approximately 7 km of pipe has been installed on Spread 5B.
  • the Wildlife Species of Concern Encounter and Discovery Contingency Plan was initiated when they discovered 2 additional locations of Oregon Forestsnails at KP 1071+910 and KP 1072+110. Additional CMTs have been identified as well as 3 pika habitat locations and 1 Marmot den. They are monitoring the areas, put wildlife buffer flagging in place and trapping and relocations are set to occur next spring.  There have been 21 Mountain Beaver relocations and they are being monitored by radio telemetry.
  • all of the CMT surveys are now complete.
  • the Work Authorization Procedure continues to have revisions and Inspection Team viewed two Environmental Walkthroughs.
  • there are two Trans Mountain Indigenous Monitors and ten Environmental Inspectors currently on Spread 5B.
• Two meter buffers staked from operating line.
• TLU and environmentally sensitive features were identified with appropriate flagging and signage.
• Inspection team discussed the large amount of deficiencies on the Corrective Action List and TMEP representatives indicated they have additional crews working on completing the deficiencies.
• Log rollback areas signed "do not remove".
• RoW boundaries flagged and no trespass evident.
• High weed density topsoil piles staked.
• Erosion and sediment control (ESC) mitigation installed where required and appears to be functioning as intended. 
   

• TMEP representatives indicated that ESC measures were recently updated in this area. They include rock and flume installations across the right of way (RoW), and straw wattles installed at the outfall to mitigate runoff.
• A drainage ditch was observed on the side of the RoW and sumps and french drains were also installed.
   

• TMEP representatives stated the horizontal directional drill feasibility pilot under the dry gultch was successful.
• BC Parks permit is required prior to starting drilling activities.
• Site boundaries were roped with flagging and the pilot excavation was fenced and signed.
• RoW matted through this area with flume installation to manage the water.

• Significant water management mitigation installed along RoW, including cross drains, culverts, check dams, rock-lined dugouts, and straw wattles. These ESC measures appear to be working effectively.
• Travel lane was matted.
• TMEP representatives stated the prime contractor has received some ESC training on installation and water management techniques.
• A single span bridge wrapped in geotextile was installed in July on the shoo-fly over BCVA-259. Straw wattles, sediment fence, concrete blocks, geotextile and t-bar were all used for ESC measures. Rock was also brought in to assist in water flow management.
• Rock lined waterbars and flumes were used across the RoW throughout this area.

• Environmentally sensitive area (i.e. area of potential TLU's and chance finds). Signage installed and area flagged.
• Presently demobilizing from clearing operations.
• Wildlife Feature sign was observed at the Amphibian Breeding Pond location with exclusion fencing lining the RoW. Amphibian pitfall traps were located on the outside of the fencing, but the traps were closed due to the cooler temperatures.
• CMT’s were fenced off with flagging off RoW and labeled.

• Provincially regulated Oregon Forestsnail area. TMEP utilized same mitigation here as in federal (SARA) requirements, including copper-lined fencing installed along both edges of the RoW. Also removed suitable habitat (removed vegetation, only soil left). The salvage occurred last fall in this area.
• Hillside seeded and CWD and rollback installed. 
• Boulders and jersey barriers have been installed for access control.

• Japanese Knotweed area. Cleaning station was installed.
• Archaeological are polygon roped off where digs were completed. TMEP representatives indicated that since this area is in a floodplain it has a high likelihood of discovering artifacts being found. They also said the archaeological site would be avoided and TMEP is planning to drill this area with a horizontal directional drill. The drill pad area was cleared and the topsoil and subsoil were separated and labeled.
   

• Topsoil removed and covered in geotextile material to avoid potential wind/water erosion.
• Narrow RoW workspace in this area. Air bridge in place along travel lane to enable travel over Line 1. 

• Five workers were observed scaling rock pulling off loose debris along the cliff edge.
• TMEP representatives indicated matting will be installed throughout this area.

Compliance tool used: No compliance tool used

Observation 2 - Watercourses and Wetlands

Date & time of visit: 2021-10-20 16:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Erosion

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Watercourse and wetland location observed during the inspection include:
KP 988+070 Wetland WT-1132 and KP 988+930 BC-582a

• Spill kits were on site at all watercourses.
• Riparian areas were buffered with flagging and rope.
• Only trees were cut within the riparian areas and root wads were still intact.
• Bridges were constructed to specifications and were lined with geotextile material.
• Signage was up as required.
• TMEP representatives stated work within riparian zones would not occur until just prior to the crossing.

• This is an amphibian breeding pond and frog fence was installed.
• Riparian buffer was in place.

• Trees were stumped but not grubbed providing stability within the riparian area.
• TMEP representatives indicated An Erosion and Sediment Control Plan – Watercourses with Steep Erodible Slopes would be developed for Fallslake Creek and other steep watercourses that meet the requirement of 21 degrees. An Interim Plan is to be completed upon execution of grading activities on the slope and a Final Plan is required upon execution of grade replacement during the final reclamation phase as stated in the template.
   

• Observed crews welding on the hydrostatic test head.
• TMEP representatives stated a fish salvage was required in the bell hole that were left over from the flood event.
• Stripped surface organics were replaced and riparian areas were covered with coconut matting.
• Observed signage for riparian rootball salvage.
• TMEP representatives stated that most of the riparian area was seeded.
• TMEP representatives indicated the landowner requested for course woody debris to not be placed in the riparian area but they would be doing some willow and alder planting as per their Watercourse Crossing Site Specific Execution Plan.
• Bed and banks were recontoured to the original configuration and alignment.
• Washed native cobble and boulders were used for bank armouring.
• Dewatering location was in a vegetated area and hoses were placed inside dewatering structures. Geotextile material was used as an energy dissipator to avoid scouring. Sediment was not observed from dewatering activities, but sediment was observed from the flooding event (see CVA2122-321 and INC2021-141). Vegetation was observed growing on the sediment and options on how to handle the sediment was discussed with TMEP representatives. There were 2 dewatering structures currently being used but there were originally 6 used during the crossing.

• Watercourses in area were dry at the time of the inspection, but TMEP representatives indicated they would become very saturated during the winter months.
• TMEP representatives stated an amphibian salvage was conducted prior to clearing activities.
• Course woody debris salvaged from instream was placed to the side of the RoW and labeled.
• TMEP representatives indicated that this area was being treated as a wetland for construction purposes.
• Sandbags lined one of the channels to indicate where the bed and banks would be.
• Bridges were installed as per specifications and wrapped in geotextile fabric.

• Straw wattles lined the edge of the RoW.
• TMEP representatives stated the crossing would be completed next year.
• Bridge edges were lined with boulders and geotextile fabric.

• TMEP representatives stated an Oregon Forestsnail salvage was conducted and they found approximately 50 snails.
• Archaeological clearances are pending and TMEP representatives said they may end up drilling underneath the site and creek.
• TLU Sto:lo-444 signage was present.

• Crossing was completed in July 2021.
• Reclamation was completed using coconut matting in the riparian area and cobble lining the creek bed.
• Vegetation growth observed in riparian area.
• Erosion and sediment control in place and foam breakers were used on the slopes.
• A sump was excavated to capture run-off.
• Course woody debris was labeled to be used during final clean-up.

• Watercourse was dry at the time of the inspection.
• Contractor was placing mats in the area.

Compliance tool used: No compliance tool used

Observation 3 - CNC #1

Date & time of visit: 2021-10-28 14:45

Discipline: Environmental Protection

Categories:

• Surface Water Management
• Containment and Drainage Structures

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

At KP 1063.04, a small amount of sediment laden water was flowing across the RoW extending past the project boundaries. Erosion and sediment controls were installed however the staked straw wattles were overwhelmed by water. One straw wattle was washed over the bank.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Condition 72 IR 4.1 Updated EPP Addendum October 1, 2019

Relevant section(s):

• Pg. 29, No. 117: Temporary drainage, erosion and sediment control measures will be implemented and will remain in place and be maintained over the course of construction activities. During construction, the control measures will be inspected to ensure functionality and repairs will be completed as required (i.e., rain event, after pipe installation).

Company action required:

1. Provide evidence as to whether ESC measures were fixed as previously identified on TMEP's deficiency list.
2. Complete ESC repairs as needed to mitigate inadequate ESC measures presently installed. Provide photographic evidence that these repairs have been completed.

Due date: 2021-10-29

Date closed: 2021-11-05
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 - IR #1 Heritage Resources Contingency Plan

Discipline: Socio-Economic

Categories:

• Effects on Indigenous interests
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

The CER Inspection team was informed that a potential heritage resource was discovered at the Coquihalla River at KP 1030+150 on 8 September 2021 during construction activities. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Condition 72 IR 4.1 Updated EPP Addendum October 1, 2019

Relevant section(s):

• Heritage Resource Discovery During Construction If suspected heritage resource sites are discovered during construction, implement the following measures: • Prohibit the collection of any historical, archaeological or palaeontological resources by Project personnel except for qualified Heritage Resource Specialists acting as authorized by the appropriate regulator/permit. • Suspend work immediately in the vicinity (within 30 m) of any newly identified archaeological, palaeontological or historical resource sites (e.g., modified bone, pottery fragments and fossils). • Clearly mark the site using fencing and flagging to ensure avoidance and create a no-go zone. • Notify the Environmental Inspector who will notify the Construction Manager, Heritage Resource Specialist and the Senior Compliance Advisor, who will notify the Appropriate Government Authority. • Work within the 30 m no-go zone of potential discovery may not resume until the measures as follows are implemented. - If confirmed to be a heritage resource, Trans Mountain will notify the Appropriate Government Authority and applicable Indigenous group(s), as required.

Company action required:

Provide: 

1.  A description of events including dates regarding a potential heritage resource discovery. 
2. An explanation as to whether the Heritage Resources Contingency Plan was required to be applied or not, and if so, provide evidence it was followed. 
3. Evidence to demonstrate that contractors and TMEP employees were aware of the Heritage Resource Contingency Plan and associated procedures. 

Due date: 2021-12-14

Date closed: 2022-01-18
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 Observation #1

Date & time of visit: 2021-10-22 17:00

Discipline: Socio-Economic

Categories:

• Effects on Indigenous interests
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

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.

Observation – Indigenous Monitor

Oct,19,2021
 

• 8am-10am - Visitor Orientation and Opening Meeting
   
• 10am-12pm - Travel from Chilliwack B.C to Britton Creek Rest Area on Coquihalla Highway
   
• 12:30pm - Travel to Kick-off site KP 987.00- KP 988.59 then travel down the Right of Way (ROW) South Bound
   
• 12:40pm - Tail Gate meeting, Signed off on Field Level Hazard Assessment Sheet (FLHAS)
   
• 12:36pm - Environmental Sensitive Area, Shackan Indian Band Site, # SIB-8, KP 987.351-KP 987.366
   
• 12:45pm - Bore Pad, KP 992.170
   
• 1:07pm - Wetland, ID- WT 1132, KP 988.07- KP 988.15
   
• 1:31pm - Traditional Land Use Site# 38 (TLU) KP 988.560- KP 990.270
   
• 1:33pm – Environmental Sensitive Area, Site # SIB-10 Shackan Indian Band, KP 988.903- KP 990.161
   
• 1:34pm – Traditional Land Use Site, Site# CWIB-039 Coldwater Indian Band, KP 988.371-988.939
   
• 1:57pm – Traditional Land Use Site, KP 990.270- KP 1001.490
   
• 2:15pm – Travelled back to Kick-off site then to Falls Lake Site
   
• 3:18pm – Tail Gate Falls Lake Site, Signed off on Field Level Hazard Assessment Sheet (FLHAS) KP 994.290- KP 997.720
   
• 3:27pm – Water Course, Class S3, ID# BC-588, KP 994.250, RBZ 20m
   
• 4:00pm – Left Falls Lake to Needle Peak on Coquihalla Highway
   
• 4:18pm – Traditional Land Use Site, TLU# Archaeological Site-1 Stantec-MJB-002, KP 1000.120-1000.380
   
• 4:30pm – Travel Back to Chilliwack B.C
   
   
  Summary:
   
  The inspection went well, no Non compliances to report for the day, I sent an Information Request for two sites. Traditional Land Use site, TLU# CWIB-039 at KP 988.371- KP 988.939 which is for the Coldwater Indian Band and an Environmental Sensitive Area, Site# SIB-8 at KP 987.351- KP 987.366 which is for the Shackan Indian Band. The Next day got information back for those sites as being Confidential, had to ask Both Bands for permission to request what was at those sites of interest, which would have been some process.
   
   
  Oct,20,2021
   
• 7am-9am - Travel to Falls Lake Creek from Chilliwack B.C
   
• 10am – Tailgate Falls Lake, Signed off on Field Level Hazard Assessment Sheet (FLHAS) KP 994.500- KP 994.700
   
• 10:30am – Erosion Control on measures sloped Right of Way, KP 994.8
   
• 10:37am – Amphibian Buffer, Site ID# Wild-99, Buffer Size 150m, KP 994.79- KP 995.22
   
• 10:46am – Water Course, Class S6, Site ID# BC-589, KP 994.99, RBZ 10m
   
• 12:15pm – Walked back to Falls Lake Creek site
   
• 12:50pm – left Falls Lake, traveled to Zopkios Brake check for lunch
   
• 1:15pm – Lunch Break
   
• 1:45pm – Environmental Sensitive Area, ID# S5B-367
   
• 2:15pm – travel to Othello Site
   
• 2:52pm – Arrived at Road 27 Othello Site
   
• 3:09pm – Sto-lo- 1614, KP 1030.172- KP 1030.192
   
• 3:45pm – Traveled to Karen Creek
   
• 4:30pm – Water Course, ID# 6332, KP 1021.51
   
• 4:39pm – Coastal Frog Habitat, ID# Wild-65A, KP 1021.615- KP 1022.050, 150m Buffer Zone
   
• 4:57pm – Water Course, KP 1021.781
   
• 5:00pm – Traveled back to Chilliwack B.C

• 8:30-9:00am – Travel to Popkum Subway restaurant to meet up with Canada Energy Regulator and Trans Mountain Reps
   
• 9:15am – traveled to Hunters Creek
   
• 9:35am – KP 1053.26- KP 1054.62
   
• 9:54am – Oregon Forest Snail (Critical Habitat) ID# WF-OFS-01, KP 1053.21- KP 1054.6
   
• 10:03am – ID# sto-Lo-444, KP 1053.12- KP 1053.19
   
• 10:26 am – Meet up with Company Indigenous Monitor
   
• 11:42 am - KP 1056.8 deep dig for archaeological, 2 meters in depth for deep digging, HDD pipe in area getting approval for some time in the new
  Year. 266m of drill pipe
   
• 12:16 pm - KP 1057.18-KP 1057.45
   
• 1:36 pm - water course, ID# BC-672, KP 1062.330, RBZ 10m
   
• 2:30 pm - water course, ID# BC- 676, KP 1063.27, RBZ 10m
•  2:48pm – Sediment control measure failure, KP 1063.0 

Compliance tool used: No compliance tool used

Observation 6 - Indigenous Monitor Observation #2

Date & time of visit: 2021-10-22 17:00

Discipline: Socio-Economic

Categories:

• Effects on Indigenous interests
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

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.

Observation – Indigenous Monitor
I attended this inspection with the CER, and my observations have been appropriately captured by the Inspection Officer observations. I have nothing further to add currently.

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: