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

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-106
Start date: 2022-03-07
End date: 2022-03-11

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

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:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Information Request

IR from CER (Information Request sent from CER to company)
IR #1 Sandy Hills ESC Plan

Legislative Requirement : Project-specific Environmental Protection Plan (EPP)

Applicable Wording from Legislative Document
7.0 GENERAL PIPELINE CONSTRUCTION MITIGATION MEASURES Watercourses 95. Install and maintain appropriate drainage, erosion and sediment control measures (e.g., Sediment Fence Dwg. 5 provided in Appendix C) to prevent sediment from disturbed areas from being transported into watercourses

Theme and Categories

Environmental Protection
  • Soils and Soil Productivity
    • Erosion

Due Date : 2022-03-11

Review Response
Acceptable

Follow-up Action
None

IR from CER (Information Request sent from CER to company)
IR #2 Watercourse BC-70 ESC Plan

Legislative Requirement : Project-specific Environmental Protection Plan (EPP)

Applicable Wording from Legislative Document
7.0 GENERAL PIPELINE CONSTRUCTION MITIGATION MEASURES Watercourses 95. Install and maintain appropriate drainage, erosion and sediment control measures (e.g., Sediment Fence Dwg. 5 provided in Appendix C) to prevent sediment from disturbed areas from being transported into watercourses

Theme and Categories

Environmental Protection
  • Soils and Soil Productivity
    • Erosion

Due Date : 2022-03-18

Review Response
Acceptable

Follow-up Action
None

IR from CER (Information Request sent from CER to company)
IR #3 Nesting Migratory Birds

Legislative Requirement : Project-specific Environmental Protection Plan (EPP)

Applicable Wording from Legislative Document
EPP, s.6.0 #16. Complete migratory bird nest sweeps as necessary prior to construction depending upon the timing of construction (refer to Section 7.0 Wildlife). #18. Stake or flag environmental features and buffers on or adjacent to the pipeline construction footprint to avoid the site (see Narrowed Workspace Dwg. 1 in Appendix C). #19. Where narrowing on the work side or spoil side is sufficient to protect the feature, reduce the workspace to as narrow as practical to isolate the feature from construction activities. #22. Post signs in the vicinity of environmental features to alert construction personnel of their presence. EPP, s.7.0 #6. Where feasible, initiate or complete clearing activities outside of the migratory bird nesting period to reduce the risk of encountering migratory birds nesting (Environment Canada 2017). #8. In the event that clearing or construction activities are scheduled to commence within the migratory bird nesting period, or there are extended periods of inactivity between construction activities (i.e., a period greater than 7 days) within the nesting period, consult with an Environmental Inspector or Wildlife Resource Specialist to determine the need to conduct a non-intrusive area search for evidence of nesting (e.g., presence of territorial males, alarm calls, distraction displays, adults carrying nesting material/food). Searches for evidence of nesting should occur within 7 days prior to the construction activity. #9. In the event an active nest is found, the nest will be subject to site specific mitigation measures (e.g., clearly marked species-specific buffer around the nest or non-intrusive monitoring). The appropriate mitigation measures will be selected by an Environmental Inspector, in consultation with a Resource Specialist (see also the Wildlife Species of Concern Encounter and Discovery Contingency Plan in Appendix B). #11. Adhere to applicable setback distances, associated timing constraints and mitigation measures outlined in Section 4.0 of the Resource Specific Mitigation Table (RSMT). #13. Maintain a tight construction spread (i.e., stringing to backfilling) and construct the pipeline in an efficient manner to limit the duration of sensory disturbance to wildlife.

Theme and Categories

Environmental Protection
  • Wildlife
    • Species of Concern

Due Date : 2022-04-15

Review Response
Acceptable

Follow-up Action
None

Observations (no outstanding follow-up required)

Observation 1 - General Observations

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

Discipline: Environmental Protection

Categories:

Facility:

Observations:

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

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

KP 1117+800 to 1118+600 Sandy Hills KP 1164+700 CWP 59 Horizontal Directional Drilling (HDD) Drill Site KP 1163+330 CWP 57 Fraser Heights KP 1151+010 to 1153+250 CPW 17 and 18 Laydown Yard KP 1112+300  Direct Pipe Installation (DPI) Sumas River   KP 1146+900 CPW 7 Salmon River HDD Drag Section KP 1160 CWP 45 Ditching and Bending Yard 

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:

Facility:

Observations:

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

KP 1077+290 BC-707b - Bridal Falls Area - Unnamed Channel, RBZ 10, No Fish KP 1077+560 BC-707c - Bridal Falls Area- Unnamed Channel, RBZ 10, No Fish KP 1118+190 BC-730 - Ledgeview Golf Course - Unnamed Channel, RBZ 10, Fish Bearing KP 1151+010 to 1151+250 Wetland WT-1118.44, RBZ 10 KP 1153+250 to 1153+750 Wetland Complex 53  KP 1153+310 BC-766a  - Unnamed Drainage, RBZ 20, NCD, No Fish KP1153+310 Watercourse BC-776c KP1153+210 to 1153+350 Watercourses BC-767a/BC-766a KP 1146+100 BC-753 (SAR) Salmon River KP 1160+14 BC-771a3 SP7-CR1-0510-F1 Roadside Ditch - CWP 45 KP 1163+150 BC774b not fish bearing and BC774c Watercourse 

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:

Facility:

Observations:

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

“An archaeological impact assessment (AIA) was conducted under Heritage Conservation Act (HCA)
inspection permit 2015-0258 in response to the addition of the temporary workspace at KP 1118.1. An
archaeological site was identified as part of the AIA. In response to the site discovery and consistent with mitigation measures outlined in Trans Mountain
s Compliance to Condition 100 - Heritage Resources, the Project plans to avoid the archaeological site. As such, a Heritage Conservation Act alteration permit is not required. The archaeological site has been demarcated in the field to facilitate avoidance as shown in the attached archaeological site plan (Refer to Archaeological Site Plan_S6-194, S6-200, and 22-Stantec-JN-003.RevB.pdf).”


KP 1135 Proposed Access Road Location KP 1146 Salmon River HDD KP 1153 + 500 CPW 20/21 KP 1163 - ARKY  21-Stantec-KNB-008, 007, 006a and 006b or (KP1162.760 to 1165.554 TLU Stō:lo -AQ61b)?  KP 1163+330 CWP 57 Fraser Heights KP 1164+700 CWP 59 Horizontal Directional Drilling (HDD) Drill Site & 21-Stantec-KNB-002

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:

Facility:

Observations:

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

  KP 1077.300 to 1077.50 WF-OFS-03 KP 1077.300 to 1077.50 Bird Nest Buffer FIBHE – Great Blue Heron (GBHE) KP 1164+700 CWP 59  KP 1163+330 CWP 57 Fraser Heights  KP 1112+300  Direct Pipe Installation (DPI) Sumas River KP 1146+900 CPW 7 Salmon River HDD Drag Section

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:

Facility:

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:

Facility:

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:

Relevant section(s):

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.
Trans mountain stated the timeline for these corrective actions to be completed include:
1. Project-wide communication on Lower Mainland nesting period: March 7, 2022.
2. Migratory Bird refresher communication
3. Contractor Leadership Meetings: March 8-24, 2022
4. Tail-Gate Meetings: March 10 – April 22, 2022
5. TMEP Town Hall: March 2022


CER held an implementation assessment meeting and verified these actions were completed. No further action required.

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:

- 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