Compliance Verification Activity Report: CV2122-117 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-117
Start date: 2021-08-23
End date: 2021-08-27

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental inspection of spread 5A construction focusing on implementation of mitigation measures committed to in the EPP, Resource Specific Mitigation Tables, the SARA Permit and specific contingency plans. Spread 5A consists of new pipeline construction and installation of approximately 183.5km of 36 NPS pipeline, and the Spread is divided into 3 sections: 5A-1 36 KM from Black Pines to Kamloops; 5A-2 82 KM from Kamloops to Merritt; and 5A-3 65 KM from Merritt to the Coquihalla Summit. Areas of focus during the inspection included Heritage Resources, SARA listed species, watercourses and sediment and erosion control.

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 - Opening Meeting Questions

Date & time of visit: 2021-08-24 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Inspection Team asked Trans Mountain representatives questions during the opening meeting regarding mitigation measures on Spread 6 and 7A for:


 

Compliance tool used: No compliance tool used

Observation 2 - General Observations

Date & time of visit: 2021-08-27 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 3 - Wildlife

Date & time of visit: 2021-08-27 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Wildlife
Snake Den - Lac du Bois KP 838+550

Great Basin Spadefoot Toad

Compliance tool used: No compliance tool used

Observation 4 - Watercourses and Wetlands

Date & time of visit: 2021-08-27 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Thompson River (S1A) KP 843+55

Lane Creek (S2) KP 821+540

Dairy Creek (S3) KP 824+370

BC-379a (S6 Unnamed Drainage) KP 823+710Moore Creek (S2) KP 889+360Wetland KP 822+800

Compliance tool used: No compliance tool used

Observation 5 - Heritage Resources and TLU Sites

Date & time of visit: 2021-08-27 08:00

Discipline: Socio-Economic

Categories:

Facility:

Observations:

KP 838+300 (EeRc-084)

KP 821+979 – KP 822+730 (MA-963, MA-965 and MB-1035)KP 822 (SP5a-CR1-0319-2021-F1-1)KP 811+700 to 813+500 (EfRb-48, 49, 45, and 47)KP 815.971 - KP 824.360 (B1-970 at Dairy Creek)KP 889+591 - KP 890+510 (ZK-1050 and IJ-1960 at Moore Creek)

Compliance tool used: No compliance tool used

Observation 6 - IR #1 Traditional Land Use - Confidential Sites

Discipline: Socio-Economic

Categories:

Facility:

Observations:

The Officers and IAMC Indigenous Monitors observed signs on the edge of the work area erected to designate a sensitive area with mitigation measures.  Within the 0.751 km length of the right-of-way there were 2 extra temporary work space (ETWS)  areas that had been cleared of vegetatoin and soil, and contained materials for construction of the pipeline.  Details below:

The Officers reviewed a paper copy of the Trans Mountain redacted confidential traditional land use (TLU) lists for SP5A and observed that ID: MA-965 and MB-1035 were listed. The TM Environmental Inspectors attending the CVA were unaware of the specific TLU resources to be protected at these locations, or if the ETWS stockpile locations had impacted the resources.  The Environmental Protection Plan (EPP) does not specify what mitigation measures will be implemented at this location, rather the information is stored in a Trans Mountain confidential database.  There is an agreement between TM and the CER that is specified in the EFG-Confidential TLU sites for Officers to obtain information in order to verify compliance to mitigation measures.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

The request below was provided via email on 26 August 2021 to the field personal.

Due date: 2021-09-24

Date closed: 2021-09-28
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 7 - CNC #1 Exceeding Designated Speed Limit

Date & time of visit: 2021-08-24 14:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Inspection team observed gravel truck drivers exceeding the required 10 KM/hr speed limit in critical habitat for Western Rattle Snake and Great Basin Gophersnake, and while passing workers. TM representatives indicated this was one of the mitigations that was developed in attempts to reduce or eliminate snake mortality. It is also a TM safety requirement when passing workers along the RoW.
 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

CER Officers requested TM representatives to emphasize the importance of the speed limit requirement with all contractor and subcontractor personnel and provide evidence of follow up actions.

Due date: 2021-08-25

Date closed: 2021-08-27
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 8 - NNC #1 Sediment and Erosion Control at Watercourses

Date & time of visit: 2021-08-25 11:53

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Lanes Creek KP 821.54 BC-376 (W1394.4) [S2]
The Inspection Team did not observe due diligence at Lanes Creek construction site for managing surface water from predicted rain events, potential soil erosion from surface water, or protection of a fish bearing watercourse from potential turbidity and sedimentation.  Installation of the pipeline at this location was predicted to take at least a week, with erosion and sediment control being installed by 1 September.

The watercourse has steep slopes where risk of erosion is high. Lane Creek is fish bearing, and 92 Rainbow Trout were salvaged and relocated downstream prior to instream construction activity.  At the time of the CVA, both of the slopes were graded, the dam and pump system for isolating the watercourse had been implemented, and excavation was planned to commence immediately.  Water quaility monitors were on site to record turbidity data during isolation activities, excavation and the release of the water after the creek bed is restored.  Two sediment fences were observed: one on the SW bottom side of the watercourse, and one across the bottom of the slope on the South side.  Neither of the sediment fences met the requirements of the EPP specification drawing, SEDIMENT FENCE - 687945, Drawing 5.  No other sediment and erosion control measures were observed at the site, e.g. erosion control berms, surface water catchment, rock lined drains or rock lined settlement ponds.

TM representatives directed the contractor to improve the fencing while the Officers and IAMC IMs were on site.

Diary Creek KP 824.37 BC-381 (W1399.3) [S3]
This watercourse has steep slopes where risk of erosion is high.  The erosion control berms on the SE slope were not reinforced or rock lined at the outlet for energy dispersion and sediment catchment to prevent further erosion and sedimentation off of the right-of-way.  One sediment fence was filled with sediment, and had approximately 9" of freeboard which required maintenance. Another fence was ripped to the ground and needed repair.  On the North side of the watercourse, at the NW corner,  the sediment fence was not long enough to protect the watercourse from sedimentation. 

There are no site specific erosion control plans for steep slopes where risk of erosion is high on the Trans Mountain Expansion Project. The measures stated throughout the Environmental Protection Plan for managing water erosion and sedimentation is not comprehensive, and there is not an adequate selection of specification drawings to support the contractor and inspectors to implement ESC designs specific to a location that requires sensitive resource protection, especially during construction.
 

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall provide:

  1. Confirmation via photograph that the sediment fences on the South side, and SW slope of Lanes Creek were installed as per the Pipeline EPP and specification dwg 687945 on 25 August 2021;
  2. The results of water quality monitoring for the period of time the watercourse was excavated for installation of the pipeline, and after each heavy rain event until adequate erosion control measures are installed to prevent sediment laden surface water from entering Lane Creek;
  3. File with the Officers a detailed Sediment and Erosion Control Plan for all steep erodable slopes and sensitive watercourses on Spread 5A, including and not limited to Lanes Creek, Dairy Creek, Moore Creek, Nicola River and the Coldwater River;
  4. A record of refresher training to be conducted as soon as possible for the SP5A workforce that will include those people accountable for supervising, inspecting, installing, and maintaining sediment fences.  Include the date, time, location and attendees; and
  5. Confirmation that the training includes and is not limited to the requirements of the detailed Sediment and Erosion Control Plan for Spread 5A, the Pipeline EPP, the Water Erosion Contingency Plan, and the Sediment Fence Drawing 687945.

Due date: 2021-09-24

Date closed: 2021-09-24
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 9 - Indigenous Monitor Observation #1

Date & time of visit: 2021-09-07 08:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

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.

Heritage/TLU sites
o Signage up
o Sites protected
o Company IM monitoring
o TMX is to give a 4 week notice prior to disturbance to allow communities to harvest
o IRT is to respond to access
KP 838.350 Archeology soil
o Requested report IAMC IM’S have not seen report
CMT KP 821.706
o Knife marks
o Stripping, 1’ length 4-6” wide
o Company IM onsite when CMT was stubbed
o 3-5m buffer around CMT
o IAMC IM’S requested reports on CMT, communities notified, site card, CMT survey report,
company IM daily report of the CMT. IAMC IM’S have not received any information of requests
KP 812.500 Arch site
o Polygon site marked
o Site boundary extended by STANTEC, boundary was NOT extended and the area was disturbed.
Waiting on archeologists (TERRA) investigation
o TMX to give a report on where the breakdown of communication happened
o Heritage resource contingency plan was not followed
Chance Find
o Chance find had 3 angular pieces and a rounded piece lined up perfectly
o Had discoloured soil around the chance find. Soil sent for testing
o Archeologist found 2 flaked pieces around the rounded piece
Stump Lake
o Company IM’S onsite CMT sweeps
o Company IM’S joined on CVA
o Company IM’S have mentioned they would like to join in on CVA’S
 

 


 

Compliance tool used: No compliance tool used

Observation 10 - Indigenous Monitor Observation #2

Date & time of visit: 2021-09-07 08:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

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.

Aug,24,2021
 
Kick off Meeting Started at 8am.
CER Inspectors did Land acknowledgement
Went over Visitor orientation, CER Inspectors went through all questions they had prepped asking all mitigations and protocols that were needed to be followed on the right of way before and after on the project. Information Request asked for Amphibian and Reptile Tracker, Chance Find Info Request for Locations and CMT Tracker information, we then Visited KP 843.55 VG 107 South Crossing Of Thompson River 13:40pm. A Section of pipe was left in river and abandoned due to complications, but filled and a new section was added in.
Next on the inspection was the Snake den Visit at KP 838.515 where we met an Environmental Inspector and snake Resource Specialist/Snake Handler.
Species of Newley made den were Northern Pacific Rattle Snake, Gopher Snake, Western Yellow Belly Snake and Rubber Boa. A non-Compliance was made for dump trucks driving too fast passed workers on site. and a plan of action was given to the Trans Mountain Rep, and they were given time to correct the problem.
 
Aug,25,2021
 
Met At Aberdeen Mall Parking lot 8am
10:48am Lanes Creek S2 Water Crossing, CMT on site Sp5A-CR1-0319-2021 KP 21.706 Species of tree was a Ponderosa Pine also a Chance find by the Company Indigenous Monitors. CMT Survey Repot Requested and Site Card All info on CMT By IAMC IM. Proceeded to water Crossing which was fish bearing 92 Rainbow Trout were caught and released up stream above the Navigable water crossing for Pipe Crossing.11:48am The Sediment Control Fence was viewed and noticed not to be built to code, control measures were set to be made and add control measures in event of major rain fall. proceeded to Dairy Creek Crossing, where we noticed that the Erosion Sediment Catch needed reinforcement at the End of berms.
 
Aug,26,2021
 
Met at 8am,
 
Travelled to Road #4, did on site Tailgate.
After Tail gate we were informed that the wildlife specialist may pull the traps for Spade foot toad. Met archeologist at 9:42am the Archy Monitor on site at 813. 500.went over mitigations for the site. They were very knowledgeable about their roll-on site and answered any questions best to his knowledge. They informed us that the site was under Investigation for Miscommunication on stripping of the site and that there was an extra polygon not given to the ground crew before stripping of top soil. Continued on to Moore Creek at KP 889.370 Met Trans Mountains IMs at this water Crossing was and bridge crossing was built up to the Canada Energy Regulators standards and was well planned out in case of a major Rain event.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Compliance tool used: No compliance tool used

Observation 11 - NNC #1 Follow-up IR

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Lanes Creek KP 821.54 BC-376 (W1394.4) [S2]
The company submitted the sediment and erosion control plan for Lanes Creek that included a marked up photo of the mitigation measures that have been implemented. The photo submitted does not clearly indicate how potential surface water runoff and sediment will be managed to prevent migration off of the right-of-way or into the creek.

Diary Creek KP 824.37 BC-381 (W1399.3) [S3]
The company submitted the sediment and erosion control plan for Diary Creek that included a marked up photo of the mitigation measures that have been implemented. The photo submitted does not clearly indicate how potential surface water runoff and sediment will be managed to prevent migration off of the right-of-way or into the creek.  For example, the erosion control berms on the SE slope have not been rock lined at the outlet for energy dispersion nor is therte sediment catchment to prevent further erosion and sedimentation off of the right-of-way.  

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Based on the forecasted rain events for the period of 25 to 31 October the CER officers request the following be submitted to confirm that sediment in surface water draining from the pipeline construction footprint has not adversely affected the surrounding terrain or any watercourses:

  1. Photographs of both slopes for Lanes Creek and Dairy Creek dated between 25 and 31 October 2021 demonstrating the effectiveness of the sediment and erosion control measures illustrated in the CVA 2122-119 NNC#1 submission.
  2. A record of the inspections and maintenance of sediment and erosion control mitigation measures at Lanes Creek and Dairy Creek between 25-31 October 2021.
  3. Confirmation that sediment has not entered either Lanes Creek or Dairy Creek from the right-of-way, and if it has, a description of the mitigation measures that have been implemented to prevent the continuation, and to restore the bed and banks of the watercourse.
  4. Confirmation that sediment has not migrated off of the right-of-way from the approach slopes to both Lanes Creek or Dairy Creek, and if it has, a description of the mitigation measures that have been implemented to prevent the continuation, and to restore the vegetation.

Due date: 2021-11-05

Date closed: 2021-12-13
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