Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Kinder Morgan Canada Inc
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
TMX Spread 6/7A construction inspection - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify erosion and sediment control measures (specifically at watercourse crossings), sites of Indigenous significance, and mitigation for migratory birds.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Bridal Falls KP 1075.57
Date & time of visit: 2022-05-31 10:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Compliance tool used: No compliance tool used
Observation 2 - Ledgeview Golf Course KP 1117.06 to KP 1117.09
Date & time of visit: 2022-05-31 14:25
Observation 3 - Sandyhill KP 1117 to KP 1118
Date & time of visit: 2022-05-31 16:00
Sandyhill KP 1117 to KP 1118
Observation 4 - KP 1147.4 to KP 1147.83
Date & time of visit: 2022-06-01 09:52
KP 1147.4
Observation 5 - KP 1151.5 to KP 1154.5
Date & time of visit: 2022-06-01 11:53
KP 1151.5 CWP 19
Observation 6 - KP 1158.52 to KP 1160
Date & time of visit: 2022-06-01 16:00
KP 1158.52 WC BC-770C NCD 0m RBZ
Observation 7 - KP 1135.28, KP 1145.58 to KP 1145.66
Date & time of visit: 2022-06-02 08:00
KP 1135.28
Observation 8 - Frasier Heights KP 1162.5 to KP 1163.6
Date & time of visit: 2022-06-02 15:00
KP 1162.5 Frasier Heights CWP 57 East
Observation 9 - Indigenous Monitor Observations
Date & time of visit: 2022-05-30 09:00
Discipline: Indigenous Monitoring
Additional observations recorded by independent Indigenous Monitors participating in the CER inspection. Any compliance-related observations which require specific regulatory follow-up have been recorded above.
Indigenous Monitor Observation Report CV 2223-130
Sucker Creek First Nations Indigenous Monitor
May 30th to June 2nd, 2022
Glossary
CER – Canadian Energy Regulator
IM – indigenous Monitor
IR – Information Request
NNC- notice of Non-Compliance
CNC- Corrected Non-Compliance
FN – First Nations
TLU – Traditional Land Use
HDD – Horizontal Directional Drill
DTA – Department of Transportation of Alberta
KP – Kilometre Point
Introduction:
This inspection was an environmental inspection conducted in spread 6 and 7A in the Abbotsford area. There were two inspections officers from the CER and one Indigenous monitor from Sucker Creek First Nation. The focus of the inspection of the migratory bird act, bird sweeps and erosion control measures.
Observations/Inspection: TLU Sites KP 1075.072-1091.6, BC 730 KP 1118.6, BC 729
We inspected the site for buffer zones, flagged, signage and bird sweeps were in place. During inspection we were notified than an active Robin nest was identified, monitored and buffer zone in place at KP 1075-1091
Approach:
Inspected that all buffer zones and signage were in place at the site. Clearly identified and security considerations were also taken into consideration for the protection of the TLU sites.
The active bird site was clearly identified, buffer zone in place and saw that the wildlife monitor was checking on the site to ensure that no detrimental were happening to the migratory bird due to construction activities. Also note that all workers were aware of the site mitigation measures.
Pre-construction walk through was also completed prior to construction. CMT identification training was completed by supervisory staff and chance find protocols are known and gone over regularly with all workers.
Outcomes/Recommendations:
Chance find protocols continue to be a topic in tailgates to ensure no complacency happens. Also, might be a good idea to show photos of CMT’s to all clearing crew and hazard tree removal crew to add an extra set of eyes to protect CMT’s from accidental removal.
I also talked with the TMX regulatory representative, and she indicated that the notification for harvest has been sent out to all affect first nation communities. I have seen proof of that notification has been sent out as well.
Continue with pre-construction walkthroughs – might also be a good idea for bird sweep crew to also have some training (even given photos of CMT markers) in CMT identification to add an extra set of eyes in the protection of CMT’s. Reviewing of chance find protocol in tailgate may also be a good idea for bird sweep crew to ensure it is the foremind of all workers.
Ensure that all first nations are notified of harvest opportunities, work with company indigenous monitors to facilitate.
Observation/Inspection: KP 1147.7, CWP 25 KP 1154+500 & KP 1135
These areas were archaeology sites or sites indicated that an archaeological monitor was needed on site. We also were able to inspect an active archaeological dig site. We talked about the protocols and the protection measures in place for these sites. Also inspected the buffer zones, flagged and signage were in place.
Was indicated that even if there was a negative result done by testing an archaeology monitor is still needed to be on site dure ground disturbance activity to ensure that chance finds protocols are being adhered too and possible finds can be protected. Also indicated that the archaeological representative must give permission to conduct ground disturbance without a monitor or have a monitor be on site prior to any construction.
All workers are aware of the chance find protocol and was noted by workers that they are regularly and will add a refresh to tailgates to ensure complacency doesn’t happen.
Also noted by the indigenous archaeology monitor that if an artifact is found is first taken to the Stantec lab for analysis and documentation than it is given to the Stolo repository in Chilliwack. Which it is than kept at the museum there for safe keeping & preservation, but the first nations of the artifact do have the opportunity to request the re-patriotism of the artifact.
Outcome/Recommendations:
Review chance find protocols in tailgates often to ensure there is no complacency. May be a good idea to have photos of possible artifacts (especially shown to green hats) so they know what to look out for while working.
Very impressed with the care that is taken with the archaeology department and the working relationship they have and how the entire construction team is working with the schedule of the archaeology department.
Conclusion:
Firstly, I agree with all the of the observations made by the CER environmental team and no further observations to their report. I would also like to note that great working relationship I noticed between TMX and the Indigenous Monitors. I truly felt that they were a part of the TMX team, well informed, well trained and very knowledgeable of the construction activities. I also did see with the archaeology dig group that everyone was very inclusive and receptive to the spiritual protocols of the indigenous representative, and everyone participated in the activity with no hesitation or malice – very nice to see and that comes from the culture that TMX has, great improvement happy to see. It was a very good inspection, everyone was very friendly, knowledgeable, receptive and welcoming. I look forward to the next inspection and working with TMX & CER soon.
Sincerely
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
