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:
The focus of this inspection was on erosion and sediment control (ESC) measures for spring break-up preparedness, and included Sites of Indigenous Significance.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - General Construction Observations
Date & time of visit: 2022-02-22 09:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
23 Feb 2022
KP 764+080 BC-344 Lindquist Creek crossing
KP 763+780 BC-343 Darlington Creek crossing
KP 763+400 Road bore crossing area and WX BC342a unnamed drainage
KP 747+950 to 748+800 Archaeological sites (ARKY)
KP 747-840 BC-332 Eakin Creek
KP 750+850 BC-335 Spokane Creek and Archaeological sites
24 February 2022
KP 726+661 Road 33
KP 750+55 Mann Creek
KP 712+700 to 712+740 Raft River crossing and ARKY sites
KP 714+750 School Creek crossing
KP 721-150 Clearwater DPI site
Compliance tool used: No compliance tool used
Observation 2 - CNC #1 Missing snow fencing at excavations
Date & time of visit: 2022-02-23 09:13
The CER observed missing and or downed snow fences surround three excavations visited during the inspection. Sites noted included a bellhole at Lindquist Creek, Mann Creek HDD entry hole subsidence and School Creek ESC drainage basin.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Trans Mountain will rectify the observed deficiencies via repairing existing fences at Lindquist and Mann Creek locations, and installing fence at School Creek location.
Due date: 2022-02-25
Date closed: 2022-02-25 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 - NNC #1 Missing sediment and erosion control measures at Clearwater DPI crossing location
Date & time of visit: 2022-02-24 15:32
Steep slope observed fully stripped adjacent to drill site with no ESC controls in place. Environmental setting is within a sensitive area adjacent to watercourse, with base of slope approximately150m from river. Without ESC controls the risk of a heavy rain event transporting sediment laden water to the river presents an unmitigated hazard. TMEP personnel indicated the site was stripped in the September/October time frame.
Compliance tool used: Notice of Non-compliance (NNC)
Trans Mountain will:
1. Develop and implement a plan to install appropriate Erosion and Sediment Control (ESC) measures on this slope in a timely manner.
2. Provide the CER IO with the plan as well as the planned timing of its execution.
3. Provide photos of the completed ESC measures installation to the CER IO. 4. Provide a response indicating corrective actions taken by TMEP to prevent future instances of this non-compliance in other locations.
Due date: 2022-04-27
Date closed: 2022-06-15 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.
Observation 4 - Indigenous Monitor Observation #1
Date & time of visit: 2022-02-23 09:00
Discipline: Socio-Economic
Additional observations recorded by independent Indigenous Monitors participating in the CER inspection. Any compliance-related observations which require specific regulatory follow-up have been recorded above. CVA-2122-121 2-14-2022 Received preliminary inspection details, logistics, required PPE, listed information requested from company. 2-15-2022 Pre-inspection meeting with inspection team. Areas of focus for IO’s shared = Subsidence follow up at manning creek, Spring break up plans, Clearwater River “DPI” (direct Pipe Installation), Spokane creek possible activity. Areas of focus for IM = Any incident bulletins or reports relevant to spread or activities? Any recent Sights of indigenous significance (chance finds), EiRb-30 follow up. Opportunity for TMX IM meet and great. Indigenous commitments. 2-17-2022 Opening inspection meeting with TMX. Information requested pre inspection listed below. ~ TMX Indigenous monitor Reports 5-day sample. = IAMC IM Received 2-22-2022. 2-23-2022 1st inspection filed day ~ Meet at Banister at the Covid testing and employee transport parking site where employees park personal vehicles and board private charter buses/vans. Lindquist creek crossing site (ID# BC344) visit. Fish bearing. ~ Site observations = Private land, Low activity, snow covered conditions, ice still in creeks, signs for plows to not push snow off the side bridge decks. ~ Clearing completed by previous contractor (2020) similar state to last IM visit. Signs in place. ~Clear span bridge still in place with erosion and sediment control in place. ~ Company IM noted the erosion and sediment control measures in place have been adequate long term through site visits with little adjustment at this crossing due to limited activity. ~IO requested the snow fence around one side of the crossing preparation be repaired to maintain its effectiveness. IM inquired why only one side of the crossing had wildlife exclusion fencing. Response= the grade on the opposite approach was deemed adequate. Darlington creek site (BC-343) visit. Fish bearing ~ Site observations = Private land, Low activity, snow covered conditions, ice still in creeks, signs for plows to not push snow off the side bridge decks. ~ Clearing completed by previous contractor (2020) similar state to last IM visit. Signs in place, Plans in weatherproof container. ~Clear span bridge still in place with erosion and sediment control in place. ~IM observed Coarse wood debris still in place from previous visit with active sediment fence in place. Spill barrels still adjacent to water coarse. ~ IM observed a high wildlife value tree adjacent to crossing that had hazard mitigation in place with temporary tie backs being utilized to stabilize the top third of the main tree stem. HDD site near KP763.300 visit. ~IM observed recent bird kill on ROW soil storage. It is believed that this was due to natural predation. ~ IM had concerns around soil and rock storage close to wetland (WT-285a) at KP763+300 to 764+400 and Water course unnamed drainage (BC-342a) KP763+300 three of the storage piles are placed on the low side of the ROW next to or behind the Banister environmental sensitive site signs see picture 1.1. TMX EI response= It’s not with in the representative polygon on provided mapping also allowed IM to view electronic GIS map. ~IM asked about bird visual deterrents on site. TMX response = approved variance for work outside approved windows, a resource specialist creates a plan and ensures it is understood and communicated by crews completing work. Access road west of KP763 HDD Exit ~ IM observed Acid rock isolation piles awaiting transport to approved facility (CMC25). TMX shared there are currently two sites with the acid rock. ~TMX shared examples of erosion sediment controls with gravel trench across ROW with sumps in place surrounded by wildlife exclusion fencing. See Picture 1.2 EiRb-30 Site visit and follow up from previous inspection. ~ Team observed sign line of site was not clear. TMX response corrected as soon as possible. ~Observed all soil being isolated in storage and labelled. Confirmed site plans in weatherproof container with notification and sensitivity requirements. See Picture 1.3 ~ IM observed small scale erosion on backside of storage piles. ~matting on ROW to limit disturbance. EiRb-29a site visit. Multiple footprint ~ IM site observations = Site sign in place, single rope exclusion with metal fence in areas, Matting and geotextile cloth in place on ROW to limit disturbance if entered. ~IM inquired about topsoil location. TMX post site visit response = was not stripped to date. C211-T238 site visit (site of indigenous significance) visit ~IM observed site signs in place double rope exclusion fence as buffer boundary. No works observed in footprint. Site plans and notification sheets in weatherproof container onsite. Spokane Creek crossing (BC-335) site visit. ~Clear span bridge still in place with erosion and sediment control in place. Signs in place, spill barrels on site. ~ IM inquired about onsite generator secondary containment; further investigation showed it had built in secondary containment.
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
