Compliance Verification Activity Report: CV1819-063 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector In Training 2864T
• Inspector 2275

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

• Saskatchewan

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Rationale and scope:

This inspection verified compliance measures on Spread 2 of Enbridge's Line 3 Replacement Project. The focus of this inspection was verification of Enbridge's implementation of environmental mitigation measures during the construction phase, ensuring the company abides by the conditions under certificate OC-063, granted by the NEB in December 2016. Concurrently, the inspection verified compliance to The National Energy Board Act, Onshore Pipeline Regulations (OPR), Damage Prevention Regulations (DPR), and such standards as CSA Z662. Clearing for the project initially occurred in 2017 but all other activities were postponed until August 2018. Spread 2 spans approximately 120 kilometers and is located in the West Central Region of Saskatchewan and is characterized by mixed-moist grasslands. Construction begins northwest of Kerrobert, SK, moving southeast toward (and beyond) Rosetown, SK.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (2)
• Information Request (IR) (1)

Facility details

Facilities:

• Line 3

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Pipeline Damage Prevention Regulations – Authorizations
• National Energy Board Act (NEBA) 2016-06-19
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan For Enbridge Pipelines Inc. Line 3 Replacement Program. Rev 3, February 2018.
• Standards
• CSA Z662-15 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-063

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2018-10-05 09:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Biosecurity
• Water Bodies - Fish-bearing
• Sedimentation/Turbidity
• Erosion
• Temporary Access Structures
• Vegetation
• Invasive Plant Management
• Housekeeping
• Waste Management
• Socio-economic
• Traditional Land and Resource Use
• Heritage Resources
• Training and Documentation
• Documentation Available/Up to Date

Facility:

Observations:

This field inspection of spread 2 occurred from October 2nd- 5th, with only selected sites observed due to adverse weather conditions that made for poor accessibility of the entire right-of-way (RoW). NEB inspectors and IAMC monitors were able to observe a variety of activities taking place between KP 160 - KP 265, which included active topsoil stripping, grading, watercourse crossing construction, bore hole sites, stringing, bending and lowering-in.

A summary of observations is provided below:

Biosecurity     

• Prior to beginning the inspection and before entering the RoW at selected locations, both NEB and Enbridge vehicles were cleaned at a local car wash in Kindersley, followed by a disinfecting spray of the truck tires and personal boots of the inspectors and monitors using a bleach solution.
• Cleaning stations (fine and mechanical) were observed along the RoW at marked locations; most stations inactive and fenced/flagged off.
• Enbridge representatives state that most of the observed cleaning stations are inactive because topsoil stripping has already occurred for the immediate area and equipment and vehicles are now travelling on subsoil.
• Heavy equipment on the RoW was spot checked for up to date inspection tags to assess adequate record keeping; several equipment numbers were recorded for in field verification (i.e., SB 402, SB 439, EX 330, EX 331, and R16-823).
  • Note: All heavy equipment spot checked had biosecuirty records available. No issues noted.
• NEB inspectors and IAMC monitors observed an active fine cleaning station with a dozer (TD 299) in the bay with sufficient containment to capture dirty water runoff; field level hazards were identified and FLHA signed by all personnel on site

• Noxious weeds (Narrow-leaved hawksbeard and Kochia) were observed establishing on topsoil berms in the area of KP 160. Narrow-leaved hawksbeard appeared at intermittent locations and most abundantly on a topsoil windrow within a wetland. NEB Inspectors note this species was also observe in off RoW locations in this area. Kochia was the more predominant weed species noted as abundantly present on topsoil piles in this area.
• It was unclear whether these areas had been treated with herbicide during the growing season (Please refer to IR #1).

• Several rare plants on the RoW were observed with locations marked and clearly labelled signs to advise work crews of their presence on site.
• Plots were flagged off with adequate buffers in place to prevent access in the delineated area.

• Temporary access structures were observed at one tributary and two main channels of Eagle Creek, a fish-bearing watercourse. A clear-span bridge was constructed at the tributary with the required controls in place to prevent sedimentation and turbidity of the watercourse. The watercourse crossing on the second main channel of Eagle Creek was under construction at the time of this inspection.
• Erosion and sediment controls (ESC) were generally adequate with the exception of one sloped area adjacent to Eagle Creek where additional ESC measures were required and installed by Enbridge during the inspection. Please refer to CNC #1.
• Wetlands were observed with required signage in place and visible, including signs for areas of rare plant plots, native prairie, and heritage sites that were in close vicinity. NEB inspectors noted appropriate narrowing of the RoW  through wetlands and other environmentally sensitive areas.

• Soil segregation observed as appropriate at sites visited
• RoW boundaries respected with no soil pile trespass observed
• Equipment inspected was free of leaks, with no evidence of drips or leaks on RoW.
• No issues noted

Compliance tool used: No compliance tool used

Observation 2 - CNC 1 - Subsoil on topsoil at damaged bar ditch ramp

Date & time of visit: 2018-10-03 13:11

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Soil Handling

Facility:

• Line 3 (Pipeline)

Observations:

Access Road 119 (Bar Ditch):
- Rural road intersects with shoo-fly access road 119 near tributary to Eagle creek. Corner of bar ditch ramp at this location has been damaged by equipment. Geotextile fabric used to prevent admixing of soil horizons has been graded over and subsoil was observed on top of topsoil.
 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan For Enbridge Pipelines Inc. Line 3 Replacement Program. Rev 3, February 2018.

Relevant section(s):

• Section 7.0 - Surveying, Access and Clearing - Contractor Measures. Activity/Concern: Bar Ditch Ramps. 6. Ensure proper separation between bar ditch topsoil and imported subsoil or gravel material during ramp installation (e.g., geotextile or equivalent).

Company action required:

Enbridge will remove subsoil from topsoil and re-erect the geotextile barrier with wing walls to prevent admixing.

Due date: 2018-10-05

Date closed: 2018-10-03
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 3 - CNC 2 - Erosion and Sediment Control Measures

Date & time of visit: 2018-10-03 14:48

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Sedimentation/Turbidity

Facility:

• Line 3 (Pipeline)

Observations:

KP 221+910 @ Eagle Creek:
- NEB Inspectors observed a subsoil ramp constructed in the riparian area of Eagle Creek without erosion and sediment control measures in place between ramp and watercourse. Side walls erected using silt fence, but no containment wall observed between subsoil ramp and watercourse. A slope from the toe of the subsoil ramp towards the watercourse was noted.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan For Enbridge Pipelines Inc. Line 3 Replacement Program. Rev 3, February 2018.

Relevant section(s):

• Section 6.0 - General Environmental Protection Measures - Contractor Measures. Activity/Concern: Erosion and Siltation. 65. Prevent or control soil erosion and water siltation, where reasonable and necessary.

Company action required:

Enbridge will install appropriate erosion and sediment control measures to protect Eagle Creek.

Due date: 2018-10-05

Date closed: 2018-10-03
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 4 - IR - Noxious Weeds

Date & time of visit: 2018-10-02 12:24

Discipline: Environmental Protection

Categories:

• Vegetation
• Invasive Plant Management

Facility:

• Line 3 (Pipeline)

Observations:

Two species of noxious weeds were observed on the Right-of-Way. Both species have been designated as Schedule II, Noxious Weeds under The Weed Control Act in Saskatchewan:

1. Kochia (Kochia scoparia; Bassia scoparia) was observed in abundance on disturbed topsoil berms located at, and extending beyond, KP 161+500 on the west bank of the Right-of-Way.
2.  Narrow-leaved hawksbeard (Crepis tectorum L.) was observed in abundance on disturbed topsoil berms located, and extending beyond, KP 160+500 on the east bank of the Right-of-Way.

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan For Enbridge Pipelines Inc. Line 3 Replacement Program. Rev 3, February 2018.

Relevant section(s):

• Appendix G – Biosecurity Management Plan. Section 2.1 – Legislative Requirements, stated under paragraph two: “In Saskatchewan, all Prohibited Noxious weeds and/or isolated infestations of Noxious weeds must be eradicated (kill all growing parts of the weed) and the reproductive mechanisms rendered non-viable. Plants designated as Noxious must be contained (eradicate at the perimeter of the land to prevent further spread) or controlled (prevent the spread of all negative effects of weeds), while nuisance weeds must be controlled”.

Company action required:

The NEB requests documentation that outlines Enbridge’s procedure for the containment and control of the Schedule II - Noxious weeds identified above. This IR pertains specifically for noxious weeds listed in Saskatchewan (Spread 2). Please provide the following information:

1. Confirmation that invasive plant management has been undertaken by Enbridge in the areas noted above. If so, please discuss how the hazards presented by these noxious weeds are being controlled and how applicable legislative requirements are being met.
2. Discussion of preventative measures in place to preserve rare plants that are in the vicinity of on-going noxious weed treatments.
3. The approximate area specified fo rthis observation (KP 160+500 - 161+500) is within range wetlands (Wetland Report ID: SK-051a – SK-054. Updated EAS, July 2018). Please provide a response noting how Enbridge intends to meet the legislative requirements without putting the water bodies at risk if herbicide is the applied (or intended) control method.
4. Electronic copies of the noxious weed control logs, including herbicide application and other ocntrols (pertaining to noxious weeds) implemented at the locations between KP 159+500 - 162+000. 

Due date: 2018-11-30

Date closed: 2018-12-14
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

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: