Compliance Verification Activity Report: CV2122-221 - Pembina Prairie Facilities Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2463
• Inspector 1897

Regulated company: Pembina Prairie Facilities Ltd.

Operating company: Pembina Pipeline Corporation

Province(s) / Territory(s):

• Saskatchewan

Discipline(s):

• Environmental Protection

Related events:

• OM2021-353

Rationale and scope:

Field inspection of the Vantage Pipeline to verify successful reclamation of watercourse crossings, wetland function, and native prairie.

Compliance tool(s) used:

• Information Request (IR) (1)
• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

• VANTAGE

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Post-Construction (Reclamation)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canada Occupational Health and Safety Regulations (COHSR) 2016-06-14
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-059

Additional Project-specific requirements or conditions:

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-07-22 13:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Crowns/Subsidence
• Restoration
• Water Bodies - Non-Fish-bearing
• Reclamation
• Erosion
• Water Bodies - Fish-bearing
• Reclamation
• Erosion
• Vegetation
• Vegetation Control
• Vegetation Reclamation
• Crop Productivity
• Species of Concern
• Wildlife
• Habitat Restoration/Offsets
• Training and Documentation
• Inspections

Facility:

• VANTAGE (Pipeline)

Observations:

Rare Plants / Wildlife habitat
 

• CER Officers and Pembina Representatives identified several areas with burrow and track activity in Ord’s Kangaroo Rat habitat areas along and adjacent to the Right-of-Way (RoW).
• Rare Plant locations inspected had similar vegetative species mix including Crested Wheatgrass.
• On-RoW vegetation was similar to off-RoW, and land contouring generally similar as well.

• In general, contouring along the RoW is consistent or slight roach is present over the trench line of the Pipeline.
• Some areas of slight crowning observed; however this does not appear to be affecting drainage or otherwise affecting land use (grazing).
• Some areas of slight subsidence observed. Where identified, these sites were associated with tie-in locations, and were not of concern with land use (grazing).
• Several areas continue to have cattle exclusion fencing present. CER Officers discussed that as Improved Pasture (IP) sites have been assessed as sufficiently established, cattle exclusion fencing (when present) may not be required anymore. However, CER Officers are satisfied that such fencing could be removed at the request of landowners of leaseholders.
• Crested Wheat Grass noted to be a predominant species along RoW within exclusion fencing.
• No signs of water or wind erosion.
• Areas where sparse vegetation establishment could be identified or areas with some bare soils (particularly in sandy soils) is predominantly associated with land use. Through discussions with Pembina Representatives, CER Officers are satisfied that the few areas observed with lesser native prairie establishment are influenced by land use - notably cattle pugging and grazing.
• Some areas with invasive species noted (primarily Thistle). CER officers note that in areas visited the distribution and presence of such weeds was similar to off-RoW conditions. Further, CER Officers acknowledge that the present distribution and establishment of these weedy species are influenced by land use, notably cattle pugging and grazing.
• Company pipeline identification signage present in appropriate locations along the RoW such as fencing/property lines, maintained and unmaintained road allowances. 

• In a few fields inspected, some areas of very slight subsidence observed. These sites were associated with tie-in locations and did not appear to be affecting current land use (cropped lands).
• In one location, a slight decrease in alfalfa growth was visible at a bell-hole location of a hay field. Further to some shovel tests onsite and discussion with Pembina Representatives, CER Officers are satisfied that depth of topsoil and compaction of soils appears similar to off-RoW conditions.
• In one location, slight decrease in crop germination noted. Further to discussions with Pembina representatives, CER Officers note that the area is small, and that effects are likely associated to some admixing but remains similar to off-RoW conditions and appears to be influenced by agricultural practices in the field.
• No instances of erosion were observed in cropped areas.
• Crop vigor, color, height, and growth at sites inspected were generally comparable to off-RoW conditions.  
• No construction waste was observed.

• Several wetlands inspected were noted to be cultivated through, particularly Class III wetlands.
• Where land use (agriculture) is not affecting the riparian areas near wetlands, aquatic vegetation on RoW is equivalent to off-RoW conditions. 
• CER Officers note that this season is particularly dry, and that for those wetlands with water (Class IV and Class V), water levels are lower than in previous years in comparison to construction alignment sheet arial imagery.
• Generally, RoW through wetlands inspected were hardly distinguishable. It was discussed onsite that construction method was open cut.
• In some instances, crowning over the trenchline or minor subsidence was noted. However, in all instances, these areas were well vegetated and there were no discernable effects to drainage, water retention, and no erosion was present. Therefore, CER Officers are of the view there would be little benefit in conducting further repairs or reclamation (i.e. adding additional disturbance to sites). 
• Land use (cropped lands) is the main driver of wetland health and function along the RoW.

• Creeks and watercourses inspected (excluding Bone Creek), were either dry to the bottom or had little to no waterflow and stagnant water conditions.
• Bone Creek: well-established riparian and aquatic vegetation along bed and banks. Waterflow was observed.
• Cattle pugging present in watercourses with dry or nearly dry beds (unless exclusion fencing was present). 
• Vegetation establishment appropriate along riparian areas and approaches to watercourses within the RoW. In a few areas along steep hill or vegetated berms, slightly sparser vegetation was observed. However, no instances of vegetation density at less than 80% were observed.
• Vegetated water deflection berms in place at steep slopes were functioning as intended.
• No construction or sediment control waste was found along slopes/approaches.
• Appropriate pipeline identification signage in place.
• Watercourse banks and slopes appeared stable with no wind or water erosion concerns.  

Compliance tool used: No compliance tool used

Observation 2 - Information Requests - Historical Monitoring and Information

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Crowns/Subsidence
• Restoration
• Water Bodies - Fish-bearing
• Reclamation
• Vegetation
• Vegetation Reclamation
• Crop Productivity

Facility:

• VANTAGE (Pipeline)

Observations:

The five-year Post Construction Monitoring Report states that reclamation of the RoW is complete; however, during the inspection, Officers noted potential outstanding reclamation issues at the following locations:

(1) Rare Plant (5-17-9-14 W3M);
(2) Watercourse Crossing (3-17-8-7 W3M);
(3) Wetland (13-34-4-21 W2M); and
(4) Native Prairie (34-4-21 W2M). 

To verify appropriateness of statements and assements of the five-year Post Construction Monitoring Report, as well as determin potential needs for additional monitoring or corrective measures at these locations, CER Officers require additional information from historical records to:
-assess the adequacy of reclamation along RoW and Temporary Work Space (TWS);
-identify what recommendations for follow-up were included to address issues; and
-verify that reclamation activities have occurred as described in Post Construction Monitoring Reports (PCMRs) since construction of the Pipeline. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Canadian Energy Regulator Act (CERA)

Relevant section(s):

• • Administration and Enforcement
    • Powers on entry
      103 (2) The inspection officer may, for that purpose,
      • (d) prepare a document, or cause one to be prepared, based on the data;
    • Duty to assist
      103 (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspection officer to perform their duties and functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

Company action required:

Pembina will submit a response, based on the data and information from pre-construction, construction, and year 1,3,and 5 PMCRs outlining relevant information for each location.

Due date: 2021-08-13

Date closed: 2021-10-31
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 - Reclamation at Pinto Creek

Date & time of visit: 2021-08-18 12:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Reclamation
• Vegetation
• Vegetation Control
• Invasive Plant Management
• Vegetation Reclamation

Facility:

• VANTAGE (Pipeline)

Observations:

• Pipeline identification signage present on both sides of the watercourse.
• Watercourse is dry to the bottom. 
• Bed and banks are stable, well vegetated with similar aquatic species present as bed and banks adjacent to RoW.  
• Vegetation established on the northwestern and southeastern riparian zone (in the flood plain) consists primarily of weedy species. CER Officers are satisfied that conditions are similar on and off RoW, establishment of weeds in the flood plain area is influenced by seed load from annual floods. 
• Areas of subsidence as well as areas of crowning/mounding over trenchline present on southeastern side of the watercourse for a distance of approximately 80m along the RoW. Areas of subsidence as well as areas of crowing over trenchline are present on the northwestern side of the crossing from the bank of the watercourse, along RoW and TWS to the cropped field. This is in non-compliance to Section 4(1)(d), specifically Clause 10.5.8 of CSA Z662, and Section 21 of the OPR. 
• On the northwestern side of the watercourse crossing, a continuous berm/dyke parallels the watercourse along the edge of a cultivated field adjacent the northwest riparian zone. This berm is absent (missing/discontinuous) where the RoW and construction TWS cross it. This is in non-compliance to Section 4(1)(d), specifically Clause 6.2.9 of CSA Z662, and Section 21 of the OPR. 
• On the northwestern side of the crossing, CER Officers identified an area of soil erosion/scour along RoW (around the edge of berm) between the area were the berm is missing over the RoW and the cultivated field to the North. Erroded area is  ~0.5m deep, 1.5m wide, and 3m long. Pembina Representatives immediately proceeded to locate the Pipeline and confirmed that the eroded area is adjacent to the Pipeline and not directly over the pipe. Pembina Represntatives, upon field location, indicated the there was ~75cm depth of cover over the Pipeline and the edge of the eroded area was at ~60cm from the Pipeline.  

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 21. After a pipeline is constructed, the right-of-way and temporary work areas of the pipeline shall be restored to a condition similar to the surrounding environment and consistent with the current land use.

Company action required:

Pembina Prairie Facilities Ltd. (Pembina) will:
 

1. Provide to CER Officers a scope of work for repairs at the Pinto Creek site (Pinto Repair) that correct, manage, and mitigate issues associated with crowning, mounding, and settlement of soils on the Pipeline trench RoW, as well as the identified area of soil erosion (loss of pipe cover) next to the Pipeline and the adjacent soil berm.

Due date: 2021-11-30

Date closed: 2021-11-29
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: