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:
TMX Spread 3/4A construction inspection - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify adequate erosion and sediment control measures, specifically at watercourse crossings, mitigation at Sites of Indigenous Significance, and mitigation for any clearing occurring during the migratory bird window.
Compliance tool(s) used:
Facilities:
Regulatory requirements that apply to this activity:
IR from CER (Information Request sent from CER to company) IR.1 - Dark soil at base of used oil container
Legislative Requirement : Project-specific Environmental Protection Plan (EPP)
Applicable Wording from Legislative Document 7.0. General Pipeline Construction Mitigation Measures. Activity/Concern: Hazardous Material Storage. Mitigation Measure. 123. Follow measures outlined in the Waste Management section in Appendix G, for storage of waste or hazardous materials on the work site.
Theme and Categories
Due Date : 2022-07-04
Review Response Acceptable
Follow-up Action None
IR from CER (Information Request sent from CER to company) IR.2 - Montana Creek Instream Mitigation
Applicable Wording from Legislative Document 14.0. Watercourse Crossings. 14.1. General Measures. Activity/Concern: General Watercourse/Wetland Crossing Construction. Mitigation Measure. 11. Install the access and pipeline at each crossing using the technique as outlined in the Watercourse Crossing Inventory (Section 8.8 of Volume 6 of the Environmental Plans) unless otherwise approved. Ensure that the technique is implemented as per the reports, notifications and/or applications provided to Appropriate Government Authorities.
IR from CER (Information Request sent from CER to company) IR.3 - Geotextile Fencing at N. Thompson 7 HDD
Applicable Wording from Legislative Document 7.0. General Pipeline Construction Mitigation Measures. Activity/Concern: Wildlife. Mitigation Measure, 11. Adhere to applicable setback distances, associated timing constraints and mitigation measures outlined in Section 4.0 of the RSMT.
Follow-up Action Issue Non-Compliance
IR from CER (Information Request sent from CER to company) IR.4- Danger tree at cranberry creek
Applicable Wording from Legislative Document 14.0. Water Crossings. 14.1. General Measures. Activity/Concern: Best Practices. Mitigation Measure, 28. Adhere to the best practices and measures for all activities in the vicinity of a watercourse, wetland or lake.
IR from CER (Information Request sent from CER to company) IR.5 - Dust Management at Ledcor Yard
Applicable Wording from Legislative Document 7.0. General Pipeline Construction Mitigation Measures. Activity/Concern: Dust Control. Mitigation Measure, 59. If there is potential for landowners and/or occupants to be affected by dust emissions from construction, consult with a Land Agent to provide opportunity to report on issues and implement corrective actions, if warranted.
IR from CER (Information Request sent from CER to company) IR.6 - Groundwater Monitoring Wells Unlocked
Legislative Requirement : Onshore Pipeline Regulations (OPR) 2020-03-16
Sections of the Act
Observation 1 - General Observations
Date & time of visit: 2022-05-02 16:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
The following observations, based on category, were made during the week May 2 - 6, 2022, on spreads 3 and 4A in British Colombia. The use of compliance tools, which includes information requests (IR) and non-compliances (NC), are provided elsewhere in the report. Deficiencies that were corrected in the field can be found in the RDIMS document attached. Right of Way (RoW) Conditions
Compliance tool used: No compliance tool used
Observation 2 - CNC.1 - Valemount Yard, Amphibian Exclusion Fencing Torn
Date & time of visit: 2022-05-02 16:30
During the inspection of the yard, a torn segment of amphibian exclusion fence was noted to be deficient. Upon closer observation, the fence (e.g., geotextile fabric, keyed in) was cut (or torn) and a metal crate had passed through. The fencing had been mended with steel wire, looped through the fence and connected to the metal crate, indicating that this was done purposefully, thereby creating clear open passage for amphibians to migrate through and onto the yard footprint. No amphibians were observed in the immediate area at that time.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
The company is required to correctly/ adequately mitigate the amphibian exclusion fencing where the tear was observed.
Due date: 2022-05-08
Date closed: 2022-05-20 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 - Watercourse Management at BC-213
Date & time of visit: 2022-05-03 16:04
While inspecting a amphibian breeding pond that was adjacent to highway BC-5, the inspection team, comprised of three (3) vehicles, traveled on right-of-way (ROW) to the location of the pond. No issues were observed at the pond. However, after turning around and passing back through the same access route, a slow flowing stream spanning across the ROW was observed as turbid and spilling over the erosion and sediment control (ESC) measures that were in place. The water was pooling against the ESC and slowly spilling into a temporary work space (TWS) for retained course woody debris (CWD). Upon closer inspection, the water was originating from a unnamed channel (BC-213). The channel originally meandered along a vegetated path off-ROW, and crossed the ROW through a downstream culvert that had been installed appropriately; however, due to the rainy conditions, and likely attributed to excessive seasonal water flows, the channel had caused an unintended diversion of water through/around a topsoil pile that was present at the ROW edge, creating a new, un-managed watercourse path. The water flowing across the ROW and pooling against the ESC mitigation's was initially running clean, and it was as a result of the inspection team vehicles that turbidity was created. The potential for an adverse event still existed as the location had gone unchecked for some time as a moderate amount of sediment was observed building up against the geotextile ESC. Potential for adverse events to the downstream wetland and amphibian breeding pond were discussed with the Company EI, but due to the circumstances and ongoing observations that the sediments were being filtered by the CWD retention area, this matter was not escalated any higher than available corrective action tools by the Inspecting Officer.
The Company must immediately develop a corrective action plan to be implemented at the location of BC-213. This will require:
Due date: 2022-05-06
Observation 4 - CNC.3 - Required Watercourse Signage
Date & time of visit: 2022-05-04 10:15
At multiple locations across spreads 3 and 4A, the inspection team observed watercourses that were missing required signage or instances where the required signage had blown over, fallen down and was not visible to project personnel. This included signs for watercourse identification that indicate stream class and riparian buffer zone setbacks, signs for refueling setback distances, and other miscellaneous signage. The following watercourses were observed to be non-compliant: Montana Creek - Watercourse ID sign down on NE side BC-285b - Watercourse ID sign down on South side Finn Creek - Watercourse ID sign Missing on South side Froth Creek - Open excavation sign down (corrected immediately); No fuelling w/in 100m sign is down Miledge Creek - Watercourse ID sign down on North side; Sign indicating old growth management area (OGMA) was down
The Company and/or contractors will re-erect or replace missing/ downed signage as required on the project for notification to Project personnel and work crews.
Observation 5 - CNC.4 - Waste Management at Valemount Yard
Date & time of visit: 2022-05-02 17:37
Waste segregation at the Valemount lay-down yard was observed to be mostly compliant. All hazardous materials and construction wastes were properly segregated as required in the appropriate and labeled bins. The instance of non-compliance in this case was recyclable bottles and cans found in the 'General Waste' bin as well as in the 'Paper/cardboard' bin.
The Company and/or its contractors will remove the bottles and cans from the 'General Waste' bin and the 'Paper/cardboard' bin, and place them in the appropriate container.
Observation 6 - CNC.5 - Spill Kits
Date & time of visit: 2022-05-04 14:28
Spill kits at the following two (2) individual watercourse crossings were noted to be deficient, requiring replacement to be effective in the event of an adverse event, and be adequately maintained during the active construction phase of the Project. At Camp Creek (BC-38), spill kits were present on both sides of the completed and reclaimed crossing. During routine inspection of the materials inside of the sealed bin on the NE side, the inspector noticed items that were either missing or not supposed to be there. The interior of the barrel was wet, indicating the bin was previously opened. The item list and some personal protective equipment materials were not present inside the bin. A larger size 'ziploc' sample bag was present inside the bin, sealed and containing a material that resembled peppercorns and turbid water - no one present was sure what it was or why it was put there. At Cranberry Creek (BC-33) a tie-in was being performed after completion of a auger bore. The spill kit on the North side of the matted crossing was inspected only to find that the lid was significantly cracked and all materials were saturated with water due to the inclement weather at the time, or possibly longer.
The spill kits identified as deficient at both Camp Creek (BC-38) on the NE side, and at Cranberry Creek (BC-33) on the North side, are to be removed from the current positions and/or replaced with adequate spill kits.
Due date: 2022-06-03
Date closed: 2022-07-21 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 7 - CNC.6 - Groundwater Monitoring Wells Unlocked
During inspection of Finn Creek watercourse crossing, the inspection team noticed several groundwater monitoring (GWM) wells in the corridor which were unlocked. Four (4) unlocked wells were observed to be on the TMEP right-of way.
No actions required. Refer to IR.6 Trans Mountain was required to: 1. Confirmation of the purpose of the GWM wells. 2. Confirmation of whether the GWM wells are required to be locked during construction of the pipeline, or based on other operational requirements.
Date closed: 2022-07-22 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 8 - CNC.7 - Drainage, Erosion and Sediment Controls
Date & time of visit: 2022-05-03 14:30
While visiting this HDD site, the inspection team observed a mitigation measure in disrepair (e.g., sediment fence or exclusion fence) within an amphibian breeding wetland, and extending approximately 50 feet away from the matted ROW. The ROW was mitigated with wood mats to reduce compaction, in conjunction with keyed in erosion and sediment controls at the edges which was stated by Company EI to also act as exclusion fence for amphibians. The inspecting officer (IO) initially noted the non-functional mitigation as a deficiency based on an in field conversation with the EI. However, there was some confusion regarding the intended purpose of the mitigation post-inspection, and a formal Information Request (IR) was sent to Trans Mountain to clarify the circumstances (Refer to IR.3).
No action required. Refer to IR.3 Trans Mountain was to provide the IO with confirmation of the purpose of the mitigation (e.g., sediment/exclsuion fence) observed in disrepair. Was it intended to act as ESC or amphibian exclusion fence, or other purpose? Trans Mountain's response: The sediment fencing was initially installed to prevent the movement of topsoil into the adjacent swale, as well as function as interim exclusion fencing during the 2021 amphibian salvage program. Since the installation of a matted access underlain with geotextile to support the North Thompson 7 HDD program in 2022, the purpose of the sediment fencing was for topsoil containment as the geotextile wall (underlain under mats and winged up) acts as the exclusion barrier for amphibians. The sediment fence in question was repaired to continue to prevent the movement of topsoil into the adjacent swale.
Due date: 2022-05-09
Observation 9 - NNC.1 - Waste Management in Riparian Zone
Date & time of visit: 2022-05-05 09:09
During the inspection, two completed and reclaimed watercourses were noted to have non-compliant issues within the riparian zones. At Miledge Creek, buried geotextile fabric was noted in two different locations - under a sediment pile that was not labelled or staked, and where a clear-span bridge (temporary access location) that was noted to have never been installed (as stated by the Company), but the fabric remained in place. Trace amounts of construction debris including small pieces of geotextile, wood stakes and plastics were also observed within the area. At Clemina Creek, a large piece of geotextile fabric was observed at the waters edge, it was somewhat submerged at the high-water mark, and also migrating off-ROW. Other construction debris and general waste items were also observed within the riparian zone including a piece of tire, a small pile of plastic bottles, ribbon and wood stakes.
Compliance tool used: Notice of Non-compliance (NNC)
To achieve compliance, the Company must rectify the following:
Observation 10 - NNC.2 - Waste Management at N.Thompson HDD 5 Exit
Date & time of visit: 2022-05-04 15:40
While inspecting a segment of the ROW between the North Thompson River HDD 5 entry pad (South side of the crossing), and the location of an active raptors nest at KP 578+050 (mitigated with a 200 M buffer), the inspection team observed an abundance of construction waste on both sides of the ROW.
This non-compliant issue needs to be addressed at both the Project management level, and at the field personnel level. The issue is one of repetitive improper waste management of a polymer substance that has potential to impact micro-biota and inhibit reclamation of the area in question. During the inspection, the question was asked by the inspecting Officer as to the cause of such a lack of appropriate mitigation measures taken to reduce the impact to the environment. The Company responded in field stating, the reason for so much poly plastic was likely to have happened during the pipeline welding/coating phase, where the work crews would lay poly plastic strips down as a catchment surface, however the poly would freeze into the ground and they would only remove what they could, thereby leaving the frozen fragments in place and moving on to the next location, only to repeat the same process. The Officer relayed his opinion, stating that lessons can be learned at the management level to prevent such repetitive actions. In order to achieve compliance on this matter:
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
