Compliance Verification Activity Report: CV1920-156 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-156
Start date: 2019-12-09
End date: 2019-12-13

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC (TransMountain)

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental program-based inspection of the Trans Mountain Expansion Project (TMEP), Spread 2. The primary focus area for this inspection was, but not be limited to, environmental protection. This inspection included verification of the implementation of mitigation measures, commitments, and other information associated with the Project Environmental Protection Plan (EPP), and any other relevant plans, manuals, and procedures. The scope of this inspection included, but was not be limited to the following: temporary sites (bone yards, construction sites/yards, staging areas), as well as ongoing right-of-way (RoW) activities that included survey, resource delineation, access, and forestry activities. Areas of interest included wildlife mitigation, wetland and watercourse crossings, waste management, storage and handling of hazardous materials, traditional lands & resource use, heritage sites, invasive species management, erosion and sediment controls (concentrating on pre-clearing survey methods), RoW delineation and staking, and biosecurity measures. In accordance with the Canada Energy Regulator (CER or Regulator) approach and terms of reference for the Indigenous Advisory and Monitoring Committee (IAMC), and pursuant to subsection 102(5) of the Canadian Energy Regulator Act (CERA), CER Inspection Officers conducted this inspection jointly with Indigenous Monitors (IMs) from the IAMC, whose independent observations are included within this report.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - Spread 2 Contractor Orientations

Date & time of visit: 2019-12-10 10:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Midwest Spread 2 Environmental Orientation
Included goals and objectives, environmental policy, management plans and documentation, roles and responsibilities, compliance and deficiencies, an overview of Spread 2, high risk activities, flagging standards, environmental considerations, sensitive wildlife species, Indigenous and community relations, and external communications. 

Midwest Quality Orientation
Included applicable quality policy, roles and responsibilities, quality assurance plans, inspections and test plans, audits and continuous improvements, and deficiencies (non-compliances vs. non-conformances vs. Midwest's 'quality catches').

Compliance tool used: No compliance tool used

Observation 2 - Morning Daily Meetings

Date & time of visit: 2019-12-10 06:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Inspectors Group Meetings
The inspection team attended the daily Inspector’s group meetings from 10-12 December 2019. These meetings are a daily opportunity for the Inspectors to review safety items, confirm assignments, go through the contractor’s planned activities, and discuss issues and concerns. Meetings began with safety moments, environmental reminders, and other projects reminders were also provided. On 11 December 2019 the contractor’s weekly safety meeting minutes were also review and discussed.

Environmental Inspector Meetings
The inspection team attended the daily Environmental Inspectors meetings from 11-12 December 2019. These meetings are a daily opportunity for the project Environmental Inspectors as well as Indigenous Monitors to review environmental items and concerns, confirm assignments, discuss requirements for the contractor’s planned activities, and discuss any issues and concerns.

Compliance tool used: No compliance tool used

Observation 3 - Edson Yards

Date & time of visit: 2019-12-10 08:30

Discipline: Safety Management

Categories:

Facility:

Observations:

General

Pipe YardMain Yard Equipment Yard

Compliance tool used: No compliance tool used

Observation 4 - Right-of-Way (RoW) Field Day #1

Date & time of visit: 2019-12-10 14:15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

KP 239+584 (Road 106 – Access #1)

KP 224+300 (Road 116 – Access #2)

Compliance tool used: No compliance tool used

Observation 5 - RoW Field Day #2

Date & time of visit: 2019-12-11 11:10

Discipline: Environmental Protection

Categories:

Facility:

Observations:

KP 280+000 (Road 178 – Access #4)

KP 170+000 (Road 177 – Access #3)Little Brule Creek

Compliance tool used: No compliance tool used

Observation 6 - RoW Field Day #3

Date & time of visit: 2019-12-12 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

KP 244+300

KP 236+000 (Road 116)KP 222+500KP 224+300KP 240+000

Compliance tool used: No compliance tool used

Observation 7 - Indigenous Monitor (IM) Observations

Date & time of visit: 2019-12-10 08:30

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional Observation recorded by IAMC Indigenous Monitors participating in the NEB Inspection.  Any compliance related observations that require specific regulatory follow-up have been recorded above.

Overview

During the TMX Spread 2 inspections three different yards at the Edson work site were visited and inspected: 1) Midwest pipe yard; 2) main contractor yard and warehouse; and, 3) yard with wash bays. At the time of inspections the areas were very organized, disposal bins are provided in each yard with clear labeling. Fire extinguishers were checked and were current, spill kits were in appropriate locations with gloves, and propane tanks were protected by jersey barriers. The fueling area included secondary containment installed flush with the ground. The wash bays were clean, convenient to use, and have overspray containment for added protection. The onsite environmental rescue trailers are available for quick response if needed.

TMX Spread 2 inspections also included ten KP locations. Observations at these locations were consistent with respect to appropriate staking and flagging, identifying buffer zones and boundaries. Wetlands, watercourses, biosecurity, heritage and traditional land use areas were identified, with good signage. Topsoil and subsoil storage piles were present, with silt fences installed properly where required. Powerlines had goal posts and flagging. Road signs were covered when construction was not in progress.

Communication was good and meetings effectively conveyed information of interest and answered questions. Morning meetings focused on awareness of the work area, including familiarization with important features in the work area. Environmental inspectors (EI) and Indigenous monitors (IM) hold morning meetings to discuss areas of interest, review upcoming work areas three to four days prior to work commencing, and verify signage is visible. It is important to inform others of mitigation and precautionary measures. Tran Mountain representatives were very informative and transparent in all our discussions. The approach, integration, and communication between IM’s with Trans Mountain Environmental Inspectors (EI) allows IM’s to choose areas of interest, allowing for increased learning and knowledge to better protect the land.
 
Specific Observations
 
Location: Midwest Pipe Yard     Date: December 10, 2019                              
• Pipe laydown area was clean and well organized. Daily inspections and equipment cleaning done via app/photos/reports.
• Each row of pipe is chalked and double nailed, no specific distance between rows.
• End caps on pipes.
• Designated smoking area.
• Fire extinguisher – good.
• Spill kit, complete with gloves.
• Catch tray under equipment.
• Eleven disposal bins, well labeled and organized (end caps, contaminated soil, epoxy, plastic, oily waste, aerosol, cardboard, garbage).
 
Location: KP 239     Date: December 10, 2019
• Two Environmental Inspectors on-site.
• A broken o-ring causing a hydraulic leak on a backhoe was reported and the leak was addressed with a spill kit, and the backhoe is scheduled for repair.
• Proper separation of topsoil and spoil
• Unidentified animal tracks (hoofed mammal)
• Wetland features identified with staking and flagging
•  Appropriate signage in place
• Level 1 clean with log book

Location: KP 224.5     Date: December 10, 2019

• Dense spruce and tamarack on both sides of existing right-of-way
• Difficult area to work, with unusual circumstances – crossing hotlines at the access point, salvaged subsoil from a wetland adjacent to the shoo fly and used the material to construct the access ramp
• Due to wet conditions there is not enough frost to bring in heavy clearing equipment. Smaller equipment will be brought in to clear trees and snow to allow frost formation.
• Sediment fencing in place.
 
Location: Main Contractor Yard & Warehouse     Date: December 11, 2019
• Three disposal bins – labelled with proper materials disposed
• Diesel shed with light plant – secondary containment in place
• Fuelling area – underground secondary containment with grating in place
• Fuel cans properly stored on secondary containment
• Permanent propane tanks are protected by jersey barriers
• Propane tanks are secured upright, off the ground with containment
• Generators are grounded. Double walled tank is sufficient for fuel containment.
• Eye wash, first aid kit, fire proof cabinets with venting and extinguishers are in place.
• Emergency response plan and project specific safety plan are posted at the entrance
• Very clean and well organized
 
Location: KP 280     Date: December 11, 2019
• Environmental Inspector on site
• Hydrovac had not yet arrived on site at time of inspection
• Difficult and congested area with slope’, high traffic and three hot lines
• Staking and flagging in place
 
Location: KP 170     Date: December 11, 2019
• Power lines – goal posts and flagging present
• Hydrovac to expose lines performed every 15m
• Topsoil is stripped and piled appropriately
• Wetland with buffer zone identified, appropriate signage, staking and flagging in place
• Alignment sheets showed larger wetland than what is staked, due to reassessment and adjustments made in the field. The staking and flagging of the wetland boundary is appropriate.
• Level 1 cleaning station on site.
 
Location: KP 172.45 Little Brule     Date: December 11, 2019
• No activity occurring at site yet.
• Flagging and staking is complete.
• Open cut and isolation will be the crossing method.
• Silt fence present from previous pipeline.
 
Location: Equipment Yard with Wash Bays     Date: December 12, 2019
• Midwest environmental response trailers are present. One for river spills and one for ground spills.
• Wash bay on site includes one equipment bay and one vehicle bay. These are well maintained with side barriers in place for containment. Removal and disposal of water occurs by hydrovac.
• Light plant has secondary containment in place.
• Eight disposal bins on site – all well marked. Proper disposal of waste.
• Fueling area – must use secondary containment provided (drip tray), scheduled to install an inground containment with grating, spill kit and extinguishers available.
• Fuel tanks have secondary containment and Geotech beneath.
 
Location: KP 244 Little Sundance Creek     Date: December 12, 2019
• No ongoing activities
• Overhead powerlines – have goal post and flagging in place
• Wetlands with spruce, tamarack and alder
• Staking and flagging identifying wetlands/buffer and Little Sundance Creek in place
• Mitigation for this class of wetland does not allow temporary work space through it
•  TMX representative explained crossing is isolation open cut, the challenges and the need for a wide width of ditch due to the large size of wetland.
• Unidentified animal tracks throughout area. TMEX representative noted they had seen an elk here previously.
• An owl (Great Grey) was seen. TMEX representative filed an animal sighting.
 
Location: KP 236 Bench Creek     Date: December 12, 2019
• Overhead power lines had goal posts and flagging in place.
• Geotech being laid in ditch for culvert installation.
• Staking and flagging for identified watercourse, and buffers.
 
Location: KP 222.5 McLeod River     Date: December 12, 2019
• Surveying crew, staking and flagging to the west, east side complete
• Looked at horizontal direction drill (HDD) location, TMEX discussed HDD procedures
 
Location: KP 224     Date: December 12, 2019
• Installed snow fence around pit with signage.
• Mulcher monitoring – after a half hour of mulching, mulching is stopped and depth assessed before proceeding with mulching
• TMX representative discussed boundary stakes, coarse woody debris, stacking and firewood for the landowner
• Feller buncher working at site was shut down due to hydraulic leak. TMEX foreman to assess situation. Spill kit was in place. Hoses to be replaced.
 
Location: KP 240     Date: December 12, 2019

• Hydrovac on small panther, west side of shoefly, good signage
• Feller buncher operating, east side of shoefly
• Foreman made note they ran into large rocks during grading at the horizontal direction drill location.

 

Compliance tool used: No compliance tool used

Observation 8 - IM Observations

Date & time of visit: 2019-12-10 08:30

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional Observation recorded by IAMC Indigenous Monitors participating in the NEB Inspection.  Any compliance related observations that require specific regulatory follow-up have been recorded above.

TMX - Canadian Energy Regulator - Spread 2 - Edson, Alberta

December 9, 2019
• Meet with CER crew, Midwest El's and Safety at the Edson Holiday Inn Boardroom
• Orientation - Midwest Orientation tomorrow morning@ 11 am
• West of Edson - (Access crew is East of Edson) (Pioneering crew)
• cleaning and access crews: Backwoods (2 crews), Pisim, Dechant, Murcat

December 10, 2019
• Cleaning station - Yards: Edson and Spruce Grove
• El - Trans Mountain will be on every Inspection on each Spread
• turn left to yard - 2nd intersection between 6-8 am/4-6 pm for traffic safety into Edson Yard
• 6:30 am Inspector Meetings daily
• Yard Inspections: Edson and Midwest Yards
• 9 total El's (Trans Mountain) on site IM's (2 Ermineskin First Nation) (1 Alexis Nakoda First Nation)

December 10, 2019
• Inspector Meeting @ 6:30 am - safety report: Backwoods clearing and mulching
• Pipe Yard - Edson @ 8:30 am *site Orientation
Yard Inspection: Extinguisher tags up to date, Inspect C-cans - supplies inside, organized, clean and bins are labeled
@ 10:30 am - Orientation - Nova Inn Edson: Security Orientation Trans Mountain Expansion (Security measures and Environment)
11:00 am - Midwest Environment Orientation - Spread 2 Edson (Environmental Plan, Contractor Environmental Execution Plan, Environmental Reference Documents, Environmental Alignment sheets)
• Spread 2 - 288.75 KM of NPS Green and White areas (divided into 5 segments)
• Approximate 179 watercourses; 189 wetlands
• Environmental Compliance - Mandatory Compliance and Deficiencies (reduce, contain, release, clean up, waste bins in Yards)
• High risk Activities - clubroot and weed management (red - High Risk, Yellow - Moderate Risk, Green - Low Risk) special soil handling procedures and cleaning
• cleaning stations available: Level 1 - Mechanical clean (physical removal), Level 2 - Pressure wash (wash stations in Yard), Level 3 - Disinfect station (Level 1 and Level 2 clean then bleach application)
• Water management: ensure compliance with regulatory approvals, water discharge, filter bags, erosion control devices
• Spills and releases: fueling 100 m away from watercourses, replenish spill kits after each use, use automatic shutoff valves when fueling, report and clean up all spills, use drip trays, tarps and proper disposal of waste material
• Water crossing: protect water quality and reestablish watercourse bed and banks to as near preconstruction conditions as possible, proper trench compaction
• Habitat areas: 10-30 m buffers depending on species
• Watercourses: TDL - monitor and log withdrawal rates and volumes
• Waste management: put in proper bins which are available and labeled, doors and lids (closed and secured), no cigarette butts on Yards or RoW are not acceptable, food and garbage contained at all times, use designated bathroom facilities
• Whirling disease: disease of salmonid fish that has infected some trout and whitefish populations in Alberta: Level 1 - WO (clean, drain, dry) Level 3 - (decantaminate)
• Flagging standard: EF tape, black standard ribbon
• Landowner concerns: close gates where needed after accessing, respect the land, don't block driveways, communications with landowners through supervisors only
• RoW Boundaries/Buffers/Signage: all work must stay in approved Right of Way
• Signage - watercourses, wetlands, Environmentally sensitive areas, cleaning stations, refueling within 100 m water sources
• Weed cleaning stations: Identified in alignment sheets, clean equipment, follow locations of cleaning stations
• Access/Hydrovac: know direction of work, measure access ramp placement, follow Hydrovac slurry management process
• Soil Handling: White area - agricultural lands and crown, strip to color change or the depth, spoil must be separated from top soil, place stakes
• Erosion control: any temp or perm measure to reduce erosion, control situation and ensure that sediment laden
• Archeological, Heritage Resources and Traditional Land Use: find anything - leave in place and report to supervisor
• Key Wildlife and Biodiversity Zones, Migratory Bird Nesting Zones, Grizzly Bear Zones, Western Toad - approx KM 265-267/297-299 (size 1.5 to 3 inches), Long toad salamander, Bald Eagle, Sharptaled Grouse, Trumpeter Swan
• Environmental Considerations: notify Environmental Team, report all incidents, report when you have hit wildlife, don't work alone, no pets allowed on site
• Waste reduction: reduce the amount of waste, pick up garbage and dispose of properly, recycle, use appropriate bins
• Reduce fuel and emission reduction: do not idle excessively
• Indigenous and Community relations: mitigation measures, reduce and effects to TLU, sign, stake, and flag environmental features and buffers
• Indigenous Monitors: Support Environmental Inspectors, TLU areas, cultural and Heritage sites

Observed: Road access@ 1:40 pm - Crew@ 2:00 pm
Equipment spill: cleaned up and reported, drill bores, minimal tree clearing
Level cleaning KP 239-584 (log in cleaning), walked through Righ of Way to observe the, grading and clearing
Access @ 3:30 pm KP 224 and 400 approx RD 110: construction of road access (ramp for access and hotline), tree fen, wetland, organics left, subsoil

December 11, 2019
@ 6:30 am - Inspector Meeting:
• road accesses at KP 239, 224, 300, 170+000, 280+000
• clearing: Backwoods KP 239+584, KP 224+300 grading on RoW
• Pisim - Equipment Inspection
• IM - 4 management coordinators, 2 IM's currently on site, planning on getting 5 more, work close with Els
• contractor has an environmental execution plan that compliments TM’s EPP’)
• Cleaning Station: Green crew, Yellow crew, Red crew
• Contractor Environment Execution Plan: TDL signage, fish screens on hoses, tracking all logs of withdrawals and volumes, permits to be kept in tubes available at sites
• Quality checks: checks and balances, non-conformance
• daily reports, on site communication
Edson @ 8:30 am - Yard Inspection observed fuel tanks, spill trays, bins, ware house, proper containment: clean, organized, signs in place and labeled, fuel tanks have secondary containment and some have their own containment
Road access 170: watercourse crossing
Bowman RD@ 11:00 am: signed onto FLHA with site foreman, waiting for Hydrovac to come on site, no access road yet, lathes up and marked existing lines
Hydrovac holes done every 15 m to locate existing lines
KP 172+700 Little Brule - open cut

December 12, 2019
@ 6:30 am Inspector meeting: safety reported spill yesterday at KP 236, ground crews ahead of access crews, Environment crew to ensure signs are up (sweep ahead of equipment)
went out to RD 110 and RD 106
Line 130 - mulcher: clearing (224.3 - Backwood, 239.0, 284.4 Pisim), added and deleted wetlands, updated tables
@ 7:30 am -
• Equipment Yard: observed equipment response trailers (filled and organized), construction bins: labeled, separated bin for materials properly labeled
• Wash Bay: organized, clean, proper containment of liquids and grates used with secondary trays for waste contaminated water
RD Access:
• Mcloed River - 222.5 access open
• Red River - 223 no access
• Bench Creek - 235 access open 
• Little Sundance - 249 access open
• 244.400/500 no access
• Wolf Creek - 219 no access
Went to KP244@ 10:00 am KP 239 RD 117: clearing trees, hydrovac on site

Midwest Environment Trailer: Follow up (closing meeting of Inspection) @ 4:30 pm Edson with El's, CER, IM's and Matrix Environment
Observation:
• Yard Site Inspection: walk through, fuel tanks housekeeping, warehouse, clean and organized, tidy, labeled with signs in place, propane placement, fire extinguishers, wash bay, waste bins product separation, general site secondary containment
• Fire Department Inspections regularly had been complete
• Operator Communication with persons walking through Right of Way – thumbs up signal when safe and cleared
• Resource: Environment features Identified, existing main lines and hotlines, damage prevention is great, proper flagging, fuel fitting is good
• Access: ramps, culverts, signage (flag/sign covered)
• FLHAs - crew's were great with presenting when approached, very informative
• Environment Inspectors: very informative, experienced, work closely together
• Records: observed, equipment spills (produced when requested), spill kits available everywhere, 2 emergency response trailers well equipped and available when needed
• Indigenous Monitor's: work closely with Environment Team, training and integrating

 

Compliance tool used: No compliance tool used

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