Compliance Verification Activity Report: CV2122-106 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 1680
• Inspector In Training T

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:

• CV2122-119
• CV2223-130
• CV2223-131
• CV2223-246

Rationale and scope:

Environmental inspection of Spreads 6 and 7A construction focusing on implementation of mitigation measures committed to in the EPP, Resource Specific Mitigation Tables, SARA Permits and specific contingency plans. Spread 6 consists of new pipeline construction and installation of approximately 70km of 36 NPS pipeline, and the spread starts at KP 1075.10 and ends at KP1144.48. Spread 7A begins at 1144.48 and ends at 1165.20. Specific attention for compliance verification was given to watercourse crossings, species of concern and sites of Indigenous significance.

Compliance tool(s) used:

• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• 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)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Trans Mountain Pipeline ULC (“Trans Mountain”), Condition 72 Environmental Protection Plan dated 19 October 2019
• Project-specific plan or procedure
• Environmental Plans Volume 7 Resource Specific Mitigation Tables Spread 6 KP 1075.10 to KP 1144.48 for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project March 2020 Rev 6
• Project-specific plan or procedure
• Environmental Plans Volume 7 Resource Specific Mitigation Tables Spread 6 KP 1075.10 to KP 1144.48 for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project March 2020 Rev 6
• Project-specific plan or procedure
• Environmental Plans Volume 8 - Environmental Alignment Sheet Package for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project NEB Condition 72 March 2020 Rev 6
• Project-specific plan or procedure
• TMEP Environmental Protection Plan, s.12 Traditional Land Use Sites Discovery Contingency Plan
• Project-specific plan or procedure
• OC-065, c. 43 Watercourse Crossing Inventory

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2022-03-08 10:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Surface Water Management
• Containment and Drainage Structures
• Vegetation
• Invasive Plant Management
• Wildlife
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

KP 1076+600 to 1078 Bridal Falls Golf Course/Popkum Indian Reserve 

• Topsoil and subsoil along the right-of-way (RoW) separated, fencing erected to delineate the piles, and identification signs in place. Tackifier applied to topsoil piles to prevent erosion.
• Erosion and sediment control (ESC) systems in place that includes small settling ponds and course gravel being used as natural erosion control.  A list of 11 site specific erosion and sediment control plans was provided to the inspectors, plus one plan that was submitted to the City of Surrey (01-13283-S7A-M002-EV-PLN-0003_0_IFU_2021-07-20_01 MICHELS).
• Landslide area within Great Blue Heron buffer from the recent flood event had no access and was flagged off.  Evidence of waterflow and debris still present, and the majority of the disturbance to the greens had been cleaned up.
• Level 1 bio-security cleaning for boots done prior to leaving the site KP 1077+285 for high density weed area. The High Frequency Weeds (HFW) signs were present.

KP 1077.130 VG-1077.13a Roell’s brotherella (R.B.) Moss

• R.B Moss, a very rare SARA listed species, observed on a birch tree that has been temporarily conserved in the centre of the RoW. A 10 m  buffer of soil surrounding the tree will be salvaged and replaced after construction in case there are moss spores present. The tree will be removed and conserved once construction begins in the area.

• Striping and grading activities occurring at the Ledgeview Golf Course (KP 1116+900) at the time of the inspection in preparation for installing the pipeline 2 sections at a time (stove piping) to reduce disturbance, and maintain the integrity of the soil. Sign at entrance of golf course with all traditional land use (TLU) and wildlife critical habitats listed.
• Topsoil and subsoil separated and stacked on geotextile fabric, and signage is on each pile. ESC designed and includes an erosion control channel with a check dam/settling pond, and a perimeter channel with settling box. Sod layer to be removed and composted.
• Confirmed filter bag to reduce sedimentation and erosion present at the end of the pump off hose and located within a well vegetated area.
• Steep hill at KP 1118+190. Ditch breakers present along the slope. Stripping not yet conducted. The Site Specific Erosion and Sediment Control (ESC) Plan was requested (IR #1). Rock rip rap to be installed to reduce the potential for erosion down the slope towards Watercourse BC-730.
• TM is working with the golf course owner to retain trees where possible on the RoW for aesthetic values.

• At KP 1174+75 there is a very steep slope towards Highway 17. It is anticipated that the open cut will be completed by summer 2023. The contractor has a resource accountable for designing the ESC for the spread.  
• Access road has been built to access the pipeline RoW on top of a walking path (163 Street entrance). Good condition and erosion control installed.

• At KP 1163+500 to 1162+500 an in-depth reclamation plan is being developed with the City of Surrey as a permit requirement, and will include a multi-use recreational pathway. The pathway will run through pacific water shrew habitat and locations currently under survey for heritage resources.  Anticipated timing for development of the trail is Fall 2023.
• ESC is in place and includes a windrow of CWD to prevent erosion.

• First laydown area for entire spread. Double matting present because the site is so wet.
• The surface water for this location is being managed with a pumping and containment system. Sediment laden water is treated with flocculant and discharged into a filter bag prior to pump-off in a well vegetated area.
• KP 1151.01-1151.25 preparing to access area for construction. Partially stripped and topsoil has been salvaged and will be replaced in the wetland area during reclamation.
• The 10 m RBZ flagging for the wetland complex KP 1153 + 250 located at 208 St West was not in place at the time of the inspection and was adjusted to "RBZ as staked in the field". (Attached: RBZ for Wetland Complex 1153+25).

• The nearby Lighting Rock sacred site was discussed, and an Indigenous cultural practice using cedar boughs to manage negative energy was described.
• DPI activities in progress and punched through 2 days ago. Tooling being removed.
• Spill kit barrel was opened and was full of response materials.
• Temporary mitigation of scouring implemented after rainfall event to prevent erosion on the slope next to the DPI operation. Sediment as a result of the flooding in the Fall is within the Red Tailed Hawk buffer, and is to be removed once the Resource Specialist determines there will not be a negetive impact on the RTH.

• Drill date to be determined, possible start in a few months. Drill section will extend beneath Salmon River, Belmont Golf Course, and a residential area. Approximately 1.5 km length (includes drilling under residences).  Vehicle access wood matting in place on the exit side, and no work being conducted on the entrance side until nesting bird sweeps are completed.
• Site Specific DESC plan for CWP 57 west section states that poly must be used to cover all windrows. This specification is inconsistent with erosion control requirements on the other Spread. 

• ESDC Plan  developed and implemented. Pumps collect water from the low area of the site into large containers where the water is treated with flocculant, then pumped to a large filter bag or lined containment pen (pig pen) prior to dispersal. Approximately 400 gallons processed per minute.  The specification for pumping water was provided to the inspectors (01-13283-GG-0000-EV-GDL-0053_IFI_Rev 3 PUMP OFF).
• Soil from the surface of the yard did not meet compaction requirements for the site so it was piled and covered with poly. Fill brought in to build a solid surface to work off of, and rock material used for access road and for water collection areas.
• Previously the site was a lumber yard, and prior to pipeline construction a MOT soil storage site (Industrial area).
• Secondary contaminant confirmed for the bending machine on site.
• Level 3 bio-security cleaning station water is collected by hydrovac and disposed of at a Terrapure treatment facility.

Compliance tool used: No compliance tool used

Observation 2 - Watercourse Crossings and Wetlands

Date & time of visit: 2022-03-08 10:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Surface Water Management
• Surface Water Management Plan
• Water Bodies - Fish-bearing
• Reclamation
• Erosion
• Water Bodies - Non-Fish-bearing
• Erosion
• Temporary Access Structures

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

KP 1077+060 BC-707a - Bridal Falls Area - Unnamed Channel, RBZ 10, No Fish

• RBZ flagged and watercourse identification and fueling restriction signage in place.
• Bridge in place for temporary access and included splash guard with wings backed up with straw wattle sediment control.
• Evidence of mineral sediment from flood event within the area of the watercourse.

• This watercourse is within the 300 m buffer for the Great Blue Heron rookery, clearing of vegetation for the RoW has been completed.
• As a result of the flooding in the Fall, there is the possibility of debris being transported down from the nearby slope onto the RoW, therefore, when there is greater than 20 mm of rain, work activity is shutdown within the hazard zone. 

• Riparian buffer zone flagging in place (RBZ), watercourse identification and fueling restriction signage erected.  
• Sedimentation and gravel were present within the buffer zone from the recent flood event and the channel has been re-established.
• Splash guards on the vehicle access, wood matting for vehicle travel in place, and CWD present to re-establish OFS habitat. A trenchless crossing will be implemented to protect the OFS habitat.

• No fueling within 100 m sign, and high density weed area signage in place.
• The watercourse is located at the bottom of a steep, sandy hill with a very confined workspace. A trenchless method will be implemented to install the pipeline, and because of the topography the machine will be set up within the RBZ. The Inspectors requested a copy of the ESC Plan for this slope (IR #2).
• At the watercourse channel, the bank is undercut from the flooding event and there is refuse that has been dumped within the ravine.

• RBZ has been staked and flagged and sediment fence is in place.
• The topsoil/organic layer has been stripped, piled, covered in poly sheeting and signed.

• The 10 m RBZ flagging was removed for current work activities and will be replaced once complete.

• IM indicated that the drainage does have fish present at certain times of the year (Stickleback), the Discovery Contingency Plan has been implemented. This new information has been recorded on the Living Resource Specific Mitigation Table (LRSMT) and signage will be updated prior to construction activity.  Likely, no work will occur at this location in 2022.
• Walk over bridge present for hand clearing activities. 
• HDD drilling proposed for the drainage and adjacent wetland.
• Habitat for Oregon Spotted Frog WF-OSF-51. Salvage of frogs by resource specialists will occur prior to construction activity.

• Green Oregon Spotted Frog exclusion fencing for watercourse.
• No work at this location planned because of nesting bird and archeology restrictions.

• Amphibian site signage in place at road entrance.
• A matted entrance may be installed over the archeological site in order to continue RoW preparation for the watercourse depending on results of request to the provincial regulator for Heritage Resources.  Once the results of an EU are submitted to the regulator, it may take 6 to 8 months to receive authorization from the Provincial Regulator to proceed with construction activity.

• HDD drill proposed. Construction to begin in a few months.

• Flagged and signed. Fish bearing.

• Pacific Water Shrew habitat. Salvage has not yet occurred.

Compliance tool used: No compliance tool used

Observation 3 - Sites of Indigenous Significance

Date & time of visit: 2022-03-08 10:30

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

KP1118+130 to 1118+160 Archeology Site Sto:lo 1367a

• Identification signage in place.
• New extra temporary workspace was planned at this location, and due to the results of the archeology survey the site will be avoided during construction activity. The Archeological Site Plan for the location states “As part of the FCR, TMEP must ensure that an EI and an IM monitor the clearing and access development within the area, while ensuring that the EPP Heritage Resource Contingency Plan and the EFG: TLU and Heritage Resources Chance Find Communications remain a focus of discussions and inspections.
• Trans Mountain provided documentation to demonstrate compliance to the archeology requirements and stated the following:

• Archeologists active at the time of the inspection. Shovel tests being conducted. High potential area since close to fresh water, hunting resources and a gently sloping dry area. No finds at the time of the inspection.
• TM demonstrated how the project mapping for this location indicates “no go” for the construction workforce.
• One of the Archeologists and the IAMC-IM explained the practice of “Temelh” when conducting investigative digs at locations of high potential for finding Indigenous heritage resources.

• Potential ARKY site identified by IMs. Previous canoe travel area before it was altered by human activity. No running water present. Signage not required.

• Archeological crew active at the time of inspection. Approximately 200 shovel tests and 10 EUs completed for this CPW to date. Further investigations probable at this location.
• This site is of special interest by the Stō:lo Material Cultural Repository in Chilliwack, and the Katzie First Nation.

• Viewed Archaeology (ARKY) sites to confirm no ground disturbance was occurring and hand felling methods were being used for clearing vegetation. Sites were flagged and had signage. Work complete at all ARKY sites. Shovel tests and evaluation units (EUs) completed, reporting being completed to be submitted to the Provincial Heritage Resources Branch. No significant finds.
• Shrew salvage (EEEC SARA Permit) at TLU Sto:lo A0616 on hold as area is currently restricted due to nesting birds that have now closed the area for work activity.

• Over 400 archeological shovel tests have been conducted within a 200m stretch of the RoW, and an archeology resource monitor will be onsite during construction activities once permit approval has been obtained.  The signage and flagging is in compliance with the EFG-Flagging and Staking for protection of the site.

• This is a site where an archeological dig was conducted, covered with soil and wood sheeting for protection.  This location is in the reporting stage for a verified site, TM is waiting for an Alteration Permit – no disturbance allowed including wooden matting to allow work activity over the site.

Compliance tool used: No compliance tool used

Observation 4 - Wildlife and Nesting Birds Observations

Date & time of visit: 2022-03-07 10:30

Discipline: Environmental Protection

Categories:

• Wildlife
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

KP 1076+600 to 1078 Bridal Falls Golf Course/Popkum Indian Reserve 

• Wildlife retention trees identified and marked, and TM is working with the golf course operator to retain trees for aesthetic values.  The right-of-way (RoW) has been narrowed as much as possible to reduce disturbance to the landscape. 
• No Barn Owl sightings this year. Wildlife sign WF-BO-11 sign present – potential for Barn Owl, Salamander, and Oregon Forest Snail (OFS) habitat.

• OFS exclusion fencing installed on either side of the Row to prevent mortality as per the SARA permit. Greater than 300 hours of effort has been dedicated to removing OFS from the RoW at this location.  Maintenance will be conducted on the fencing prior to emergence of the OFS’s.
• Relocation plots contain ~300 OFS individuals, 123 pieces of course woody debris (CWD), ~ 500 stinging nettle seedlings planted, salvaged leaf litter, and the area was seeded with approved native seed mix. The control plot has approximately 300 snails. Copper netting present on one side of the exclusion fencing to prevent snails from leaving the enclosure.
• Telemetry is being used to record travel distance for each individual over the winter season.

• The GBHE rookery has been identified as Popkum GBHE Colony (KP1076.87-1077.48) Nest Management Plan REV 1.pdf
• Great Blue Herons identified during a sweep conducted on March  7, 2022. Construction work was halted in the buffer zone and bith the EPP requirements, and the Environmental Field Guide for Nesting Birds (EFG: Nesting Bird Risk Assessment) were implemented. Several individuals were being monitored at the time of the inspection. Heavy equipment within the quiet zone had not been demobilized.
• The current restriction is foot traffic, and only if authorized by a TM-EI.  The area is signed, staked and flagged.

• Removal of felled trees and CWD occurring on site until March 11, 2022, when the work permit expires. Further clearing halted due to nesting birds in the area.
• GCC - Michels site foreman interviewed by the lead inspection officer at 8:35 am. He was asked how he is notified that areas within the RoW have restricted access due to nesting birds. He said the sweeps are uploaded into the system every night and he reviews before work each day. He presented the media pad with the mapping information but was unable to identify the locations that were open or closed due to color blindness, and because of poor connectivity.  He stated he uses exel tables instead of the digital mapping to get the information he needs to inform the workforce about what the status of the RoW is for nesting bird surveys and  to confirm where work is allowed.
• A hummingbird nest was discovered on March 4, 2022 at KP 1163+750 in a rhododendron shrub that is next to a large cedar tree on the edge of the RoW. The EI described the sequence of events, and stated that the logger stopped work once the hummingbird was observed going to the shrub.  When the EI and RS arrived on site, they observed the GCC work crew installing metal panel fencing close to the nest and within the 50 m buffer and were requested to leave the site. The egg fell out of the nest and was determined by a Resource Specialist (RS) to be unviable. While on site, the EI confirmed that the EFG-Nesting Bird Assessment Guide and the EPP - Wildlife Species of Concern Encounter and Discovery Contingency Plan were both implemented. See IR 3 information request and response.
• The CER Inspectors reviewed the TM Work Authorization for Tuesday March 8, 2022 for this site that documents that a bird sweep was conducted and valid for 5 days as long as the contractor is active on site, therefore no need for an additional survey, and this is determined by the TM Environmental Inspector (TM-EI).

• Pacific water shrew habitat KP 1163+150 staked and flagged, and overlaps with a riparian buffer and an archeological site.
• Shrew salvage (BC-774b and BC-774c) on hold since the area is currently restricted due to nesting birds and waiting for a survey to be conducted by a Resource Specialist.

• Red Tail Hawk monitoring by a Resource Specialist was being conducted. A 45 m buffer zone for nesting hawks flagged and signs are present.  
• Documentation showing compliance to the Wildlife Species of Concern Discovery and Encounter Contingency Plan and the Environmental Field Guide (EFG) for nesting birds and any other requirements that apply including the nest management plan for Sumas DPI was requested. The request includes the Red Tail Hawk, Great Blue Heron, and Hummingbird nesting locations. Included in the submission confirmation that the workforce received a presentation about the requirements on the TMEP for nesting bird mitigation and the documentation to support the content of the presentation.  See IR 3
• TM representative provided as series of 8 reports documenting nesting bird observations produced by a Qualified Environmental Professional (QEP) from 14 February to 6 March 2022 labeled McTavish Resource Specialist Field Summary Report Spread 6 - RBN KP: 1111.8 to 1112.8.
• The reporting states a “monitor will observe the nest from a safe vantage point and document all hawk observations including time of arrival and departure from the nest and any behavioral notes”. And that “The monitor will have the authority to halt all works observed to be negatively affecting the nesting hawks.”

• Amphibian buffer zone signed and flagged. Salvage not required since the habitat was deemed unsuitable by a Resource Specialist.

Compliance tool used: No compliance tool used

Observation 5 - Indigenous Monitor Observations

Date & time of visit: 2022-04-14 14:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

The CER had not yet received observations from the Indigenous Monitors on this CVA at the time this report was drafted. The CER will update the report and add observations if and when received.
 

Compliance tool used: No compliance tool used

Observation 6 - NNC1 - Work inside Nest Buffer

Date & time of visit: 2022-03-04 09:30

Discipline: Environmental Protection

Categories:

• Wildlife
• Destruction/Loss of Habitat
• Disturbance

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

On 4 March 2022 at approximately 9:30 am the hand falling crew observed a hummingbird nest with an egg inside a rhododendron shrub. It had recently been cut down near the edge of the RoW at KP 1163+750. Upon discovery of the nest the Assistant Construction Manager notified the Environmental Inspector, and a Resource Specialist (RS) was consulted. A 50m buffer was installed and all work halted in the vicinity. In efforts to protect the nest TMEP Spread 7A Construction Team requested the contractor to install security fencing around the nest to keep the public outside of the buffer. The Lead Environmental Inspector and the Resource Specialist were not informed or consulted about the security fence as required in the Environmental Field Guide Nesting Bird Risk Assessment. When they arrived on site the contractor was inside the buffer at very close proximity to the nest. The Lead Environmental Inspector and Resource Specialist observed the egg out of the nest and deemed the nest unviable.

The CER expects the regulated company to take all actions necessary to meet the requirements of the Canada Energy Regulator Act and Regulation, the Migratory Bird Convention Act, and the OC-065 Certificate conditions to protect the environment, and specifically nesting migratory birds.

 

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

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 6.5
    • (1) A company shall, as part of its management system and the programs referred to in section 55,
      • (j) establish and implement a process for developing competency requirements and training programs that provide employees and other persons working with or on behalf of the company with the training that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;
      • (k) establish and implement a process for verifying that employees and other persons working with or on behalf of the company are trained and competent and for supervising them to ensure that they perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;
      • (o) establish and implement a process for preparing, reviewing, revising and controlling those documents, including a process for obtaining approval of the documents by the appropriate authority;
      • (q) establish and implement a process for coordinating and controlling the operational activities of employees and other people working with or on behalf of the company so that each person is aware of the activities of others and has the information that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;

Company action required:

Trans Mountain informed the CER Inspection Officer of the following corrective actions to be completed:

1. The Resource Specialist determined the nesting season in the Lower Mainland commenced earlier than anticipated. As a result, Trans Mountain elected to implement the required policies and procedures for activities within the migratory bird restricted activity period starting on March 7 2022 on Spreads 6, 7A and 7B.
2. Trans Mountain moved up the rollout of the refresher training on applicable polices and procedures, including mitigation measures for the protection of migratory birds and nests during the breeding season. This information will be communicated to Trans Mountain personnel, contractor personnel and field staff through existing mechanisms including tailgate meetings, contractor leadership meetings and company-wide Town Hall meetings.

Due date: 2022-06-10

Date closed: 2022-06-10
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: