Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Environmental inspection of spread 5A construction. The scope of this inspection was focused on observing sites where construction work was actively occurring, and implementation of environmental mitigation measures in those areas. Spread 5A is approximately 184 kilometers in length, heading south from Merritt BC to the Coquihalla Summit Recreation Area north of Hope. Over the course of the inspection, the Inspection Team observed sites along the spectrum of pipeline construction progress from early phases to late phases, including clearing, topsoil salvage, grading, blasting, HDD watercourse crossing, micro-tunneling, backfill, water pump-off, topsoil replacement, and reclaimed watercourse crossing. Focus areas for this inspection included verifying implementation of wildlife, notably bird surveys, erosion and sediment control, and water management.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Wildlife and Vegetation
Date & time of visit: 2022-03-17 14:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Bird Sweeps Discussed and verified wildlife and bird sweeps were being conducted over the course of the inspection. In general, project workers seemed aware of bird sweeps and required mitigation measures. Spot checked bird sweep documentation with foreman at three locations with different crews. It was present and available to field staff (e.g. KP864.5 Edith Wetland, Coldwater 4 HDD and KP921.5), and resource specialists were observed in the field preparing to conduct wildlife surveys. It was noted that on spreads further west, migration and nesting season had occurred earlier than expected. Wildlife Mitigation Measures Approx. KPs 949 - 951 Williamson Sapsucker area KP951.0-951.6. Discussed that although only small sections of the RoW are pre-identified as Williamson sapsucker areas, habitat and wildlife surveys are being conducted in the whole area. Observed wildlife resource specialists in the field preparing to complete their surveys. KP 950.680 – (WILD-451) observed relocated ant colony approximately 100m from original location within Williamson’s sapsucker critical habitat. Wildlife trees – Discussed process of identifying and marking potential wildlife trees and other features prior to clearing. Trans Mountain (TM) representatives stated marked trees are not cleared during the initial clearing and that an assessment is made regarding whether the tree requires removal to enable construction. If removal is required, trees are hand-felled. The hand felled trees are retained on site (at the edge of the RoW) in an effort to maintain habitat. Observed Tree WILD453 that was marked and not yet cleared (awaiting hand-felling). Reviewed the onsite listing of wildlife trees and features. See IR 3. KP 868 -Amphibian exclusion fencing is in place. KP 864.5 Edith Wetland - Western Screech Owl Critical Habitat. TM representatives confirmed that nocturnal call-back surveys were conducted and there was no evidence of Western Screech Owl observed. Reviewed current bird survey results. KP 867.500 -Snake hibernaculum chance find (i.e. not noted in initial RSMTs) was marked and avoided. KP 929.650 -American Badger Critical Habitat Area – TM representatives confirmed American Badger surveys were completed. KP 919.800 -Inspection team observed multiple bald eagles in the area. Discussed raptor nest sweeps which were described by the TM representative as occurring initially (majority) from the RoW. CER IOs noted that raptor nest buffers can be large depending on the species, such that the area investigated for nests should equally be large. TM representative indicated that environmental resource specialists can go off site if needed. Current information for this site indicates no known eagle nests nearby. The Nicola River is south-southeast of this work area. Bond Valley Road In areas where there were excessive amounts of mud on the road it was observed splashing over sediment fencing installed to protect watercourses or drainages. Crews were observed onsite addressing it. TM representative indicated work in the area is planned to be shut down for several days allowing the sediment and erosion control issues to be addressed. Because the company had previously identified this deficiency and was actively addressing it, a compliance tool is not being applied at this time. See IR 5. KP 901 to 902 VG-141 Rare plant sites in this area were delineated, marked and avoided. TM representatives noted the plants are associated with the wetlands and indicated the mitigations in the RSMT would be followed during construction.
Compliance tool used: No compliance tool used
Observation 2 - Watercourses and Wetlands
KP 861.3-861.5 Anderson Creek Fish Bearing Non-Classified Drainage (NCD). Reclaimed, rootball salvage and replacement was implemented, coco matting, and woody debris were in place. Trench breakers were confirmed at KP 861.555 and marked for implementation during backfill. Amphibian exclusion fencing and spill kit (drum) onsite. Silt fence at the south side of the crossing and the splash guard along the travel way required repair and sediment and erosion control upslope. See CNC 1. Edith Wetland (KP864.5) Secondary containment for jerry cans and spill kit were on site. The dewatering structure was in good condition and water discharging from the filter bags was running clear. Coldwater Crossing No. 4 (HDD) Drilling activities have been ongoing since the fall. They are drilling through hard rock with no loss of fluid to date. Discussed cuttings disposal is at Craigmont Mine (Rep stated this is an approved waste receiver for the project, that deals with mining waste) See IR 1. Requested and reviewed laboratory analysis for cuttings/returns prior to disposal. No concerns noted. Appropriate secondary containment observed under equipment. Discussed frac walks with the contractors conducting the walks that are occurring 24 hr/day. Discussed turbidity monitoring with TM representatives and they indicated sondes are in place recording turbidity levels 24hr/day and NTU numbers are checked in the morning. Levels are also being monitored and recorded manually during daylight hours. NCD BC542A KP 950.290 and BC542B KP 950.350 At this site, topsoil has been stripped adjacent to the existing pipeline prior to grading. TM representatives stated that prior to construction the NCD was not visibly flowing at surface. At these areas where the surface soil has been removed, shallow groundwater that previously flowed beneath the surface is now flowing at surface. Inspection team reviewed photographs of the BC542A site pre-disturbance. At BC542B KP 950.350, water was observed flowing in a westerly direction across the right of way (downslope). At the start of the surface flow (east side of RoW), the water was flowing clear, but by the end of the stripped area (west side of RoW) the flowing water was turbid, having picked up fines while flowing at surface across the stripped RoW. Two sumps and straw wattles had been installed toward the western edge. TM representatives indicated that this area had recently been stripped and the settling sumps had been installed to slow the water but acknowledged it wasn’t working, and that they had planned to install more permanent mitigation the following week. Discussed what other options would be available in the meantime. The contractor indicated that geotextile and poly could be installed to create a flow path across the RoW that would prevent water from picking up sediment as it flowed across the RoW. Photos were provided the next day, showing improvement. CER IO stressed that where possible permanent solutions to erosion and sediment control issues need to be implemented early such that maintenance does not become unachievable and overwhelming. The CER IOs do not believe a compliance tool is required at this time, given that the site had only recently been stripped revealing the issue, work had been undertaken in an effort to prevent sedimentation of the water flowing off RoW (sumps and wattles), plans were in place to improve the situation, and the company and contractor immediately identified and implemented other solutions during onsite discussions.
Observation 3 - Heritage and Cultural Resources and other commitments to the public
Discipline: Socio-Economic
Observed implementation of avoidance mitigation at various HER and TLU sites. (Note: KPs shown below are approximate and details regarding sites are omitted). KP 852.95 Micro tunnel A long section (approximately 4 km) of pipe is being installed via micro tunnelling, in response to a commitment. Five pads with vertical shafts will be built and used to allow the micro tunnel pipe installation. At the time of inspection work was not actively occurring. Digging the shaft had progressed to 6m of a total planned depth of 23m. The walls of the shaft were covered with shotcrete. TM representatives stated excavated rock was being hauled off site, and the mud to be used for the drilling portion would be mostly water with some bentonite. A centrifuge process would be used to remove the solids and bentonite to enable them to recycle the water. Stripped topsoil in this area had been covered with geotextile, presumably to mitigate erosion. KP 949.805 A culturally modified tree (CMT) was stored at the side of the RoW. TM representatives stated that this tree was hand-felled and placed at the edge of the RoW. Discussed that communities were notified of the tree and that the tree may be provided to a community at the communities request. The Inspection team requested and reviewed the “site card” and documented list of communities that were engaged regarding the CMT, including the next steps for the tree (i.e. where the tree will be going). KP 950 A culturally sensitive area was blocked off/protected with tall blue metal temporary fencing. Various locations along Bond Valley Road – Observed fenced and marked sensitive features. KP 929 Marked, signed, flagged and avoided HER resource site. TM representatives showed the inspection team the onsite Archeological Site Plan that identifies this area as a “red zone” until a further assessment is made, and mitigation is developed and approved.
Observation 4 - Metal Leaching and Acid Rock Drainage (MLARD)
KP 899.600 Met on site with Metal Leaching and Acid Rock Drainage (MLARD) Subject Matter Experts (SMEs) and discussed mitigation being implemented at acid rock generating locations. In this area, blasting for grading and trenching is ongoing. At ARD stockpile 400.2, discussed that the material at this stockpile was classified as CMC 5, with low potential for metal leaching, and no acid generating potential. Per the MLARD Plan, this material is acceptable for re-use on the RoW as backfill, with a plan to be developed for where it will be used (MLARD plan requires it to be >25 m from a waterbody), noting the location of re-use will be tracked. Discussed a surface water sampling plan. CER IOs onsite requested Trans Mountain provide an additional written description of the stockpile and any associated mitigations applied. The information provided showed geotextile between the rock pile and topsoil. The response confirms that the stockpile is material obtained from the local area, approx. 60 m from the stockpile site (i.e. this is not considered an off-site stockpile, or off-site temporary holding site as contemplated in the MLARD Plan). It discusses the water sampling that has occurred and what is planned for the areas surrounding this pile. The stockpile is not lined underneath and or covered. The stockpile conditions are appropriate per the MLARD Plan based on: this is an on-site stockpile, the surface water sampling plan was demonstrated to be implemented, and the stockpiled material is not considered to be high risk for MLARD (i.e. is borderline for metal leaching – additional confirmation samples had been submitted). Discussed the general process for MLARD assessment (sampling): prior to disturbance, exposed bedrock was sampled. Samples were obtained from the entirety of the RoW, even areas where RSMTs had not previously indicated MLARD potential. Additional samples are obtained once the RoW is cleared (i.e. more rock is accessible), and if additional rock is exposed during construction, additional samples are obtained. Discussed that in general, SMEs indicated it would take approximately 3 months of exposure for acid or metal leaching potential to be detected. TM representatives indicated that mitigation for exposed rock cuts includes covering with shotcrete at the recontouring phase of pipeline construction. The CER IOs note that this could result in high-risk bedrock being exposed for more than three months. See IR 2. KP865.5 – Exposed bedrock (rock cut) was observed during the inspection. Trans Mountain’s MLARD SME showed data demonstrating that sampling had occurred and that no additional mitigation was required (rock was classified as CMC 1).
Observation 5 - CNC 1 Sediment and Erosion Control
Date & time of visit: 2022-03-15 11:48
On the south side of Anderson Creek (fish bearing watercourse), sediment laden water was flowing out of the side slope and entering the riparian area through a gap in the silt fence potentially flowing into the watercourse. TM representatives stated a temporary diversion berm would be installed to divert the water from flowing into the watercourse and after the grade cut is reestablished a permanent berm would be installed. A bridge splash guard on the bridge was unattached, but the lower sediment fence was in good repair. TM representatives provided photographs confirming the splash guard was repaired later that day and the diversion berm was installed.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Provide photographs of the sediment fence repairs and sediment and erosion control measures to prevent sediment laden water from entering the watercourse.
Due date: 2022-03-18
Date closed: 2022-03-16 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 6 - CNC 2 Inappropriate Drawing on Cardboard Pipe Cap
Date & time of visit: 2022-03-15 15:20
Discipline: Safety Management
Travelling on the RoW between KP 864.5 and 867.5, CER IOs observed a cardboard pipe cap on a section of pipe embellished with an inappropriate hand drawing. This type of behaviour is inappropriate and is not tolerable in the workplace. It does not align with the expectations laid out and implied in the TMEP code of conduct or the CER’s expectations of respectful and professional conduct at the workplace. The TMEP Code of Conduct requires workers to “conduct themselves in an appropriate manner at all times.”
Trans Mountain representatives confirmed the drawing on the pipe cap was removed and the issue was raised the next morning during the inspector and tailgate meetings to go over expectations and policies that are in place regarding workplace conduct.
Due date: 2022-03-16
Observation 7 - CNC 3 Topsoil Off RoW
Date & time of visit: 2022-03-17 13:25
Between KP 901.100 and KP 901.900 the inspection team observed soil stockpiles that extended past the RoW boundary stakes. At KP 901.900, soil was estimated to be approximately 2 m off-site for a length of 50 to 60 m. After the issue was identified an EI inspected the topsoil piles between KP900.70 and KP 903.00 and found:
Remove soil and any other construction related debris from off RoW areas. Conduct an assessment to identify other areas of trespass along this section of Spread 5A RoW and conduct cleanup as required. Provide photos demonstrating the sites of off-RoW soil piles that were identified by the IOs around KP 901 have been addressed.
Date closed: 2022-03-18 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 - Indigenous Monitor Observations
Date & time of visit: 2022-04-26 13:00
Discipline: Indigenous Monitoring
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.
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
