Compliance Verification Activity Report: CV2021-069 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2194

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

• Manitoba
• Saskatchewan

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-068
• CV2324-032

Rationale and scope:

Environmental post-construction inspection of Enbridge Pipelines Inc.'s (Enbridge) Line 3 Pipeline Replacement Project, Spreads 6 to 9. This inspection was conducted in conjunction with monitors from the Indigenous Advisory Monitoring Committee (IAMC). The scope of the inspection included, but was not limited to, the following: traditional land & resource use and heritage resource sites, watercourse crossings, reclamation, erosion and sediment control, waste management, soil handling, and biosecurity.

Compliance tool(s) used:

• None

Facility details

Facilities:

• Line 3

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Post-Construction (Reclamation)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Enbridge Pipelines Inc. Line 3 Replacement Program February 2018
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-063

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-09-29 17:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Chemical Spills/Releases
• Restoration
• Surface Water Management
• Containment and Drainage Structures
• Water Bodies - Non-Fish-bearing
• Sedimentation/Turbidity
• Reclamation
• Erosion
• Water Bodies - Fish-bearing
• Sedimentation/Turbidity
• Disturbance
• Reclamation
• Erosion
• Vegetation
• Invasive Plant Management
• Vegetation Reclamation
• Crop Productivity
• Housekeeping
• Waste Management

Facility:

• Line 3 (Pipeline)

Observations:

• In January 2019, dewatering activities occurred at KP 819+500 (Access Road 12). There were some sediment releases into a vegetated area when the containment structures failed. At the time of the inspection the area was clean and free of any sediment remaining. The area was re-seeded at the end of August 2020 due to lack of vegetation regrowth.
• Geotech fabric was discovered in the wetland on the Alberta Clipper Pipeline RoW at KP 840+550. It was removed later that day and appeared it was left from the Alberta Clipper Pipeline construction.
• On the border of Spread 8 at KP 908+100, the soil was finally dry enough to complete reclamation. Company Representatives stated they honoured the landowner request to level out the RoW and beyond the footprint to the property treeline.
• Observed the contractor completing reclamation repairs at KP 908+400 including subsidence, decompaction and crowning issues. Company Representatives indicated the landowner requested the company to also repair his drainage issues off RoW. Aboriginal Monitors were onsite and stated they were satisfied with the work being conducted.
• REM 2018-203 at KP 976+800 was observed and the contaminated area was being delineated for future remediation. Core samples were being collected.
• Company Representatives indicated there have been no reclamation issues with the construction technique of placing mulch over the Alberta Clipper Pipeline to use for topsoil storage. This was observed at KP 976+800.
• Inspection Team met with Swan Lake First Nation to discuss project reclamation and the CER inspection. They mentioned some concerns with weed control on the agricultural land at KP 975+00. This land was observed during a CER inspection during the summer of 2019 and the adjacent RoW (Alberta Clipper) contained many weeds. The company representatives indicated the land was in between tenants and they did not seed the area but it would be disked. The Inspection team observed the area and no concerns were noted. The land was farmed and free of weeds. Company Representatives stated they had completed some touch-up seeding.

• Additional topsoil was spread out next to the road in the summer of 2020 in efforts to encourage vegetation growth.
• Company Representatives stated the slope was reseeded with Winter Wheat in the summer of 2020 but a strip of the RoW on the North side remains unvegetated as it was during the CER inspection in the summer of 2019. The issue was discussed with Company Representatives and a soil assessment was completed that afternoon using 3 lateral transects. The test indicated the topsoil depth was consistent across the RoW and there was no soil compaction. Some possibilities for the lack of germination would be the seeds were placed too deep or the soil dried out producing larger aggregates. Company Representatives stated there were no landowner concerns.
• Signage by the road was present.
   

Compliance tool used: No compliance tool used

Observation 2 - Wetlands

Date & time of visit: 2020-10-01 17:00

Discipline: Environmental Protection

Categories:

• Surface Water Management
• Containment and Drainage Structures
• Surface Water Management Plan
• Soils and Soil Productivity
• Crowns/Subsidence
• Restoration
• Vegetation
• Invasive Plant Management
• Vegetation Reclamation

Facility:

• Line 3 (Pipeline)

Observations:

KP 768+200

• Wetland drainage contours were restored but there was some pooling and crowning over the ditchline. Company Representatives indicated the crowning should subside over the next year or so and the area would continue to be monitored.Surface hydrology patterns were maintained and in good condition.
• Vegetation was naturally regenerating but bare in patches. 

• Lack of vegetation where the ramp was placed. Company Representatives thought it might be due to frost killing the roots of the cattails and stated they would monitor the area in the spring 2021.
• Crowning over ditchline was evident but was still connected to the wetland by low spots. Company Representatives indicated it would likely subside.

•  Some areas that did not reach the 50% vegetation success rate were reseeded and weed control was completed. Cattails have not grown back at the ramped locations but were growing within the riparian areas.
• The RoW was narrowed through the wetland locations.
• The area west of the wetland was disked and reseeded and Company Representatives stated it would be monitored in the spring on the ATV tour of the RoW.
   

Compliance tool used: No compliance tool used

Observation 3 - Watercourses

Date & time of visit: 2020-10-01 17:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Non-Fish-bearing
• Sedimentation/Turbidity
• Use/Overuse/Flow
• Reclamation
• Erosion
• Water Bodies - Fish-bearing
• Sedimentation/Turbidity
• Use/Overuse/Flow
• Destruction/Loss of Habitat
• Disturbance
• Reclamation
• Erosion
• Vegetation
• Vegetation Control
• Invasive Plant Management
• Vegetation Reclamation

Facility:

• Line 3 (Pipeline)

Observations:

Little Pipestone Creek KP 751+770

• Company representatives stated the Little Pipestone Creek was the last site on the spread for reclamation because Canadian Wildlife Service wanted the work completed outside of the migratory bird window.
• Company Representatives claimed the riparian area was seeded and straw crimped the first week of September 2020 and some vegetation regrowth was observed.
• Rocks and boulders were brought in to line the bottom and banks of the creek.
• Sediment fence was observed on both sides of the creek. Company Representatives stated they remove erosion control measures from the riparian area when 50% of the area has vegetation growing and there is less than 25% of bare ground.
• Straw wattles and coconut matting was observed with vegetation growing underneath.
• Leading up to the creek, the RoW contained a lot of rocks but it was consistent with the farm land off RoW.
• Two cows were observed within the reclaimed area and Company Representatives indicated that were not supposed to be there. They made a phone call to have the cows removed. No damage to the ESC was observed.

• Valve site at KP 805+250 was fenced and clean with appropriate signage.
• TLU Site 151 has remained roped off with “Do Not Enter” signage. Company Representatives indicated the Enbridge Cultural and Indigenous and Engagement Group was in communication with local Indigenous communities in the area to develop a long term plan for the site.
• Both banks of the creek were well vegetated and stable with 4X4 cribbing.
• Subsidence was repaired on both banks and was completed last fall.
• Willows were growing well on the west side but the east side had minimal growth and Company Representatives indicated that they would monitor the willow growth and possibly replant next year.
• A beaver built a home on the west bank just outside the RoW boundary.
• All of the rocks were removed from the area on the east side of the creek and the low areas noted last year were repaired at the end of June 2020. The area was seeded and straw crimped.
• Some weeds were observed in the area. Company Representatives stated the Canada thistle was sprayed and the rest were mechanically removed.
• Subsidence in the wetland on the east side observed last year was also repaired last spring and vegetation was established.
• Previously used dewatering sites were inspected with no evidence of any sediment remaining or garbage.

• BGC Engineering was onsite the previous week to inspect the slope stability and check the sediment and erosion control. Additional erosion control blankets and straw wattles were added in some areas. Company Representatives stated the engineers were satisfied with the stability of the slope.
• The entire slope was well vegetated with Fall Rye.
• Sediment that extended past the RoW boundaries in 2019 was still evident but Company Representatives indicated the landowner wanted minimal disturbance in the treed area and the area was seeded. There was some vegetation growth evident under the leaf litter. They also claimed there was no additional run-off in 2020.
• A rock berm was in place to slow down and filter water before leaving the RoW. 

• The banks were well vegetated and stable. Vegetation was well established along the RoW in the area and minimal weeds were observed.
• The bed and banks were recontoured to their preconstruction profile.

• Company Representatives indicated the bridge was removed at the beginning of 2019 and repairs were made to the rocks on the east bank to prevent siltation issues.
• Bank establishment was stable with rock armour and vegetation.
• No sign of erosion or weeds.
• Company Representatives stated weeds were not sprayed within the 2m aquatic buffer and they refer to the product recommendations for application as well as the provincial permit. Weed control methods are also discussed with the landowner.

• Willows were observed on both sides of the bank and cattle pugging was evident within the creek.
• Some large rocks were placed in the bottom of the creek.
• Company Representatives indicated the bottom of the slope leading up to the creek was reseeded in July 2020 due to water flowing down and pooling at the bottom. Straw wattles were added and scarring on the slope was repaired. At the time of the inspection the area was stable and well vegetated. .

• Pipe was installed in 2018 and topsoil was returned to the RoW in 2019.
• Willows are growing in the banks.
• Company Representatives stated the slope close to the watercourse has been seeded 4 times using different methods. Vegetation was growing in patches and no rilling or erosion was observed. Compaction testing was completed indicating there were no compaction issues causing the lack of vegetation regrowth. The area will continue to be monitored.

• The crossing was completed in the fall of 2018.
• Observed two vegetated drainages leading up to the watercourse.
• Cattle were observed on the well vegetated RoW.
• The cribbing, soil wraps and banks were stable with an abundance of vegetation.
• Weeds were maintained by mowing and spot spraying.

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: