Compliance verification activity type: Field Inspection
Team:
Regulated company: NOVA Gas Transmission Ltd.
Operating company: TransCanada PipeLines Limited
Province(s) / Territory(s):
Discipline(s):
Rationale and scope:
This field inspection focused on the NGTL 2021 construction project, Grande Prairie West Section (Valhalla and Elmworth spreads). The scope of the inspection included environmental mitigation measures for machine and final clean-up activities.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Valhalla General Observations
Date & time of visit: 2021-10-19 10:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Andersen Creek (75-WC-01,02,03), KP 27 +505
Compliance tool used: No compliance tool used
Observation 2 - Elmworth General Observations
Date & time of visit: 2021-10-20 15:10
Wapiti River North, KP 25 + 800, October 19, Time 15:10
Observation 3 - Wapiti River South - Silt Fencing
Date & time of visit: 2021-10-20 11:00
KP 24 + 500CER Inspection Officers observed that sediment fencing around the workspace was not maintained and ineffective in multiple locations due to sediment loading.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Demonstrate through submission of photos that silt fencing is maintained such that it is an effective erosion control measure. Submit photos to CER Inspection Officers.
Due date: 2021-10-22
Date closed: 2021-10-22 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 - Wapiti River South - General Observations
KP 24 + 500
Observation 5 - Weather Conditions and Documentation
Date & time of visit: 2021-10-19 08:00
Weather ConditionsSnowfall on 17 October 2021, followed by above zero temperatures during the week of October 18-21, resulted in very wet and muddy conditions, both on and off road. Certain locations along the RoW were not accessible due to the muddy conditions as it was not possible to walk or drive through the mud. CER Inspectors prioritized the health and safety of the inspection team and NGTL staff, and avoidance of environmental damage such as rutting, over accessing additional sites.DocumentationDocuments requested for review by CER Inspection Team. All information requests were submitted to the CER Inspection Officers by 27 October 2021:1) Diagram of erosion and sediment control measures or erosion control plan for the north and south slopes of the Wapiti River crossing.The following diagrams were submitted to the CER Inspection team: Grande Prairie Mainline Elmworth III - North Wapiti River Typical Details, Grande Prairie Mainline Elmworth III - North Wapiti River Reclamation Drainage Plan Detail, Grande Prairie Mainline Elmworth III - North Wapiti River Reclamation Typical Details, Grande Prairie Mainline Elmworth III - South Wapiti River Typical Details, Grande Prairie Mainline Elmworth III - South Wapiti River Reclamation Drainage Plan.The CER Inspection team has no further requests related to these submissions.2) The most recent 10 Environmental Inspector (EI) and Aboriginal Construction Participation Program (ACPP) participant daily reports. NGTL provided 5 NGTL EI and 5 ACPP participant daily reports for the Valhalla spread and 5 NGTL EI and 5 ACPP participant daily reports for the Elmworth spread. The CER Inspection team has no further requests related to these submissions.
Observation 6 - Documentation - Cultural Resource Discovery Contingency Plan
Company stated that during the course of wildlife field surveys on June 18, 2021, a stone tool was found at the surface of the ground in the middle of a cultivated field on freehold land. It was located approximately five meters north of the ROW at KP 29+800. The CER Inspection team requested the following information during the inspection: 1) The date and method by which potentially affected Aboriginal groups were informed of the discovery of the chance find which was initially assessed to be a stone tool, as per step 3 of NGTL’s Cultural Resource Contingency Plan. ‘Step 3: Engagement and consultation (TLRU): Any potentially affected Aboriginal groups will be informed of the discovery and the mitigation to be implemented’. TC Energy response: As per the Cultural Resource Discovery Contingency Plan and based upon the outcomes of the assessment by a Heritage Resource Sepcialist, applicable steps of 1-4 for a Heritage Site were implemented. The CER Inspection team is satisfied that the actions taken by NGTL were in compliance with the Cultural Resource Contigency Plan. The CER Inspection team notes that NGTL discovered a tool that was classified as a heritage resource but possibly used by Indigenous People, and NGTL's plan does not require NGTL to engage communities when finding heritage resources, only when finding TLRU sites. IOs are looking to better understand 1) what is considered a chance find under the category of traditional land resource use and 2) the difference between NGTL's definition of TLRU and heritage resources.
Compliance tool used: Information Request (IR)
The CER Inspection team is requesting further information as to the definition and classification of a traditional land use resource site and heritage site to better understand the finds which will trigger the Cultural Resource Discovery Contingency Plan and lead to notification of potentially affected Aboriginal groups. Provide the definition for the following terms, whose discovery will trigger the implementation of the Cultural Resource Discovery Contingency Plan 1) traditional land and resource (TLRU) site 2) heritage site 3) unanticipated cultural resouce site
Due date: 2022-01-07
Date closed: 2022-01-14 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 7 - Indigenous Monitor Observation
Date & time of visit: 2021-10-20 09:00
Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.Indigenous Monitor Observation Report CV 2122-194Sucker Creek First Nations Indigenous MonitorOctober 19th to October 21st, 2021 GlossaryCER – Canadian Energy RegulatorIM – indigenous MonitorIR – Information RequestNNC- notice of Non-ComplianceCNC- Corrected Non-ComplianceFN – First NationsTLU – Traditional Land UseHDD – Horizontal Directional DrillDTA – Department of Transportation of AlbertaKP – Kilometre Point Introduction:Inspection was completed on October 19th to 21st on the Valhalla/Elmworth section of the NGTL pipeline. Inspection was completed by two environmental inspectors from the CER and two Indigenous Monitors from Sucker Creek First Nation & Erminskin First Nation. The CVA consisted of inspection of the Valhalla/Elmworth ROW, the company IM program and because it was the end of the pipeline construction period, we looked into the water crossing mitigations, ACPP career development, community notifications and wrap up activities. Observation/Inspection:We inspected the Wapiti South crossing at kp 24 + 435 for erosion mitigation measures and area around the HDD site. Approach:We noted that there was a generous amount of diamond willow in the area, also noted that there were off ROW along the access road to the HDD site. Inquired about notifications to communities about the diamond willow, they were given the opportunity to harvest prior to construction. Monthly constructions reports are given to affect communities to keep them inform. The ACPP were also notified of the TLU plants in the area.We were informed that the access road to site will be decommissioned in the coming construction period – no set date. Notification of the decommissioning of the road will also be in the monthly construction report given to the communities. Decommissioning of the road is to be done to decrease recreational access to area as a further protection measure. Outcome/Recommendations:Recommendation was given to the company to give the affected communities a more detailed notification of the decommissioning of the road and possibly an opportunity to come harvest or transplant prior to decommission for access after will be quite difficult for Elders. Talk in field with the ACPP coordinator will look into a plan possibly with the ACPP members to coordinate a harvest prior to decommission. Observation/Inspection:During the opening and closing meeting we were informed that there hasn’t been no contingency plans that been triggered in the last 2 months.Also informed of an archeology tool that was found in July that triggered the chance find protocol. Approach:Inquired what chance finds protocol was implemented – for it was found to be a tool the archeology/heritage protocol was implemented. The site was frozen and an archeologist was called to site to investigate. Inquired why the ACPP members were not part of the consultation process or communities notified of the find for it was possibly an Indigenous tool that was found. Outcome/Recommendation:Was discussed with the CER & company that possibly in the future that ACPP members be a part of the consultation process to better inform communities of the find, for training/career development and to possibly give insight in a process that may be beneficial for all parties. Even though it is an archeology/heritage site it may have significant indigenous values that may have been missed due to not being a part of the process and can be used a learning moment for future projects and instances.Conclusion:Everyone in the company was very informative and transparent of all processes. I was also very pleased to see the NGTL staff to be very open to recommendations and eager to improve their ACPP program. I agree with all the observations made by the CER Officers. I was not able to look into career development and training further due to am issues management process has been triggered on prior CVA and a remote CVA is possibly in the works to inquire further into these questions.
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
