Compliance Verification Activity Report: CV1920-277 - NOVA Gas Transmission Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-277
Start date: 2019-12-02
End date: 2019-12-06

Team:

Regulated company: NOVA Gas Transmission Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

Discipline(s):

Rationale and scope:

Environmental oversight of construction activities of NOVA Gas Transmission Ltd. (NGTL) Clearwater West Expansion Project Grand Prairie Mainline Loop No. 3 (Elmworth Section 1-23.7km) and Loop No. 2 (Huallen Section-13km). The focus of the inspection was to verify compliance with the Clearwater West Project Environmental Protection Plans, the relevant portions of the Environmental Manual for Construction Projects in Canada (3rd Edition) and applicable legislation. The scope of the inspection included, but was not limited to, erosion and sediment control, mitigation measures implemented for Key Wildlife Biodiversity Zones, waste management, archaeological and traditional ecological knowledge sites, and wetlands and watercourse crossings.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - General Right-of-Way Observations

Date & time of visit: 2019-12-03 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

CER Inspection Officers (IOs) and the accompanying Indigenous Monitor (IM) made the following general observations on the Huallen Section (White Area), and Elmworth Section 1 (Green Area), of the Project while observing a variety of construction operations and activities.

Observations occurring on 3 December 2019:
Attend Inspectors meeting -6:30 AM

Huallen KP 0+275 
Huallen KP 1+550
Huallen ~ KP 2+000
Huallen -Beaverlodge River KP 2+398 
Huallen -Harold Creek KP 3+000 
Observations occurring on 4 December 2019:
Attend contractors meeting -7:30 AM 
Elmworth1 Kickoff site (area located adjacent to KP 0+000) 
Elmworth1 -KP 0+000 
Elmworth1 -KP 1+100 
Elmworth1 -KP 1+700 
Elmworth1 KP 2+198 to 2+290 Unnamed Tributary to Campbell Creek 
Elmworth1 KP 2+700 to 2+900Elmworth1 -Bald Mountain Creek KP 7+215
Elmworth1 Big Mountain Creek KP 15+750 
Observations for 5 December 2019:
 Morning debrief and document review - 8:05 AM
Elmworth1 -KP 18+800 - 17+100 
Elmworth1 -Gold Creek Compressor Station KP 23+000 
Huallen -Road Bore -KP 5+250 
Huallen -KP 12+700

Compliance tool used: No compliance tool used

Observation 2 - CNC #1 –Elmworth1 KP 2+355 Equipment Within 100m of a Waterbody

Date & time of visit: 2019-12-04 11:11

Discipline: Environmental Protection

Categories:

Facility:

Observations:

While inspecting an Unnamed Tributary to Campbell Creek and a wetland at KP 2+355, IOs observed a piece of heavy equipment parked roughly ~80 m from the banks of the waterbody without secondary containment. A spill kit was not present inside or outside the cab and the fire extinguisher attached had not been inspected since September 2019.

 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1) Move the piece of equipment outside of the 100m buffer of the wetland boundary. If repairs are required for mobilization place a spill tray under to catch possible leaks.
2) Check the out-of-date fire extinguisher and update the tag.
3) Provide IOs with photographic evidence confirming the issues have been resolved.  
 

Due date: 2019-12-06

Date closed: 2019-12-06
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 –Erosion and Sediment Control Elmworth 15+400 Wetland WL001a

Date & time of visit: 2019-12-04 16:16

Discipline: Environmental Protection

Categories:

Facility:

Observations:

While inspecting Big Mountain Creek, IOs observed dewatering activities associated with the DPI work. Upon closer observation of an area located on the middle bench of a slope where the water storage tanks were held, IOs observed ESC fencing with a wing wall that was down. There were no work crews in the immediate area and light snow fall had covered the fence.
 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TC/NGTL are required to re-erect the ESC at the site and provide photographic evidence to confirm corrective actions have been implemented.

 

Due date: 2019-12-06

Date closed: 2019-12-16
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 4 - CNC #3 Topsoil Off RoW -Huallan KP 11+300

Date & time of visit: 2019-12-05 14:49

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 5 December 2019, at KP 11+300, the IOs identified topsoil outside of the temporary workspace boundary that had rolled from the top of the topsoil pile. The area of the soil off RoW was approximately 2 m x 0.5 m in a canola field.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TC/NGTL is required to pullback the topsoil that has migrated past the temporary workspace boundaries and provide photographic evidence of the corrective action.  
 

Due date: 2019-12-06

Date closed: 2019-12-06
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 5 - IR - Misrepresentation of Data Associated with Environmental Alignment Sheets and Environmental Protection Plan

Date & time of visit: 2019-12-04 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During preliminary, desktop document review, IOs noticed inaccurate information displayed between the Environmental Alignment Sheets (EAS) and the Environmental Protection Plan (EPP). Discrepancies in the EAS were noted on both the Huallen and Elmoworth1 sections. Specifically, on the Huallen section - the watercourse crossings titled, "Beaverlodge River" and "Harold Creek", did not indicate that a watercourse crossing was present.  According to the GIS Legend, water course crossings are to be indicated by a blue "X" that was not present on the applicable sheet. On the Elmworth1 section - Resource Mitigation Codes for certain features (e.g., wetlands and woodlands) in the EAS were not accurately representing features when used in conjunction with the EPP and GIS data on the alignment sheets. Furthermore, woodlands were delineated as wetlands in the EAS, and the legend data did not accurately reflect the applicable topography.      

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide an explanation as to why the inaccurate information was overlooked and how the environmental consultant that developed the EAS would prevent such discrepancies in the future.  

Due date: 2019-12-06

Date closed: 2019-12-06
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