Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
TMX Spread 6/7A - Assess field implementation of the environmental protection plan and association resource specific plans for ongoing construction activities; verify adequacy of erosion and sediment control implementation, mitigation measures at watercourse crossings including HDDs, Browne Creek and associated wetlands, Bridal Veil Falls area, and heritage resource sites.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - CNC #1 Dewatering at Browne Creek DPI
Date & time of visit: 2022-12-14 14:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
On 14 Dec 2022, the Inspection Team visited the Browne Creek DPI entry site (approx. location 49.094689, -122.023307). At that site, water was being pumped across the worksite, into the DPI pit, and then pumped off from the DPI pit, through a sediment bag, onto a grassy area less than 10 to 20ms from a nearby water body (BC719.1). The water being pumped off was observed entering the waterbody which was turbid. Water quality sampling results was not provided or requested at the time of the Inspection. The EFG-Pumpoff requires sampling of the discharging water and the receiving waterbody (outside or upstream of the influence of the pump-off water) at minimum 3 times per day per Table 1 of the EFG-Pumpoff. After onsite discussions, Trans Mountain representatives confirmed they would make changes to the water management and dewatering at this site and had identified an alternate pumpoff location that would be greater than 50 m from the waterbody. It is unclear to the IOs why this alternate pumpoff site was not identified and used earlier, noting the EFG requirement “When all other pump-off options have been exhausted, the Contractor will be permitted, after consultation and approval from TM, to indirectly or directly release pump off water into a watercourse or waterbody where it can be demonstrated that the water meets the testing parameter limits in Table 1.” See IR 3 regarding the EFG-Pumpoff.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Trans Mountain representatives confirmed they have made changes to the water management and dewatering at this site and had identified an alternate pumpoff location that would be greater than 50 m from the waterbody. Refer to related NNCs in CV2223-134 for additional corrective actions.
Due date: 2022-12-16
Date closed: 2023-02-09 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 2 - NNC #1 Hoodie Strings
Date & time of visit: 2022-12-15 14:00
Discipline: Safety Management
On three separate occasions workers were observed wearing hoodies with dangling strings (approx. KP 1077.850, two at KP 1100). When raised by the CER IO, individuals all removed the strings promptly after being reminded of the policy.
Compliance tool used: Notice of Non-compliance (NNC)
Provide a response outlining the corrective actions taken and planned, project wide, to make workers aware of the hazards associated with hoodie strings and to ensure the requirement listed above is being followed bay all workers as stated in the Health and Safety Management Plan.
Due date: 2023-02-27
Date closed: 2023-03-29 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 3 - NNC #2 Repeated Inappropriate Hardhat Stickers
#1 At approximately KP 1118.00, an IO observed an offensive sticker on a contractor’s hard hat with offensive/non-inclusive language overlaid on a Canadian flag. The worker removed the sticker from the hard hat. #2 At KP 1076.81 , IOs observed an offensive sticker on a contractor’s hard hat, depicting a baby crying with a red line through it, worker removed sticker from his hard hat. Officers note that inappropriate materials have been identified on several other activities, and compliance tools have been issued to address the non-compliances:
Corrective actions were issued and a company response was made as part of CV2223-121 (Field Inspection, Spread 3/4A) and are expected to address this non-compliance. The stickers observed on site were immediately removed. No additional corrective actions or submissions are required to address this NNC in this activity.
Due date: 2023-02-22
Date closed: 2023-02-22 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: Full relief granted
Observation 4 - NNC # 3 Pump-off at KP 1134.800 BC744A
Date & time of visit: 2023-02-15 16:00
During the field Inspection on 15 Dec 2023, the inspection team visited a pump-off discharge location approximately 12 m from a watercourse BC744A (low fish potential per the RSMTs) near KP1134.800. IR # 4 Pump-off at KP 1134.8 BC744A was issued. The response to IR #4 demonstrated that the requirements found in the EFG-Pump-off were not implemented in this case given that: 1) The discharge location observed had not been approved by Trans Mountain. 2) An outdated version of the Pump-off Tracker Release to Land (rev 2) was used. The version is particularly relevant in this example because the later versions of the trackers and monitoring forms (Rev.3) require the contractor to clearly indicate whether pump-off location is approved by TMEP Rep (Y/N). The "PUMP-OFF TRACKER - DIRECT/INDIRECT RELEASE OF WATER INTO A WATERCOURSE / WATERBODY" might have been more appropriate for this site given the proximity to watercourse BC744A and because Trans Mountain could not confirm that water did not indirectly enter the nearby watercourse (per response to IR 2.8). The EPP is cited as the regulatory requirement for this NNC. The IOs highlight the EFG-pump-off states "The pump-off location will have a minimum buffer of 50 m from a watercourse or waterbody unless previously reviewed and approved by an Environmental Inspector (or designate) to ensure that an indirect release of water to a waterbody will not occur. On a site-by-site basis, the 50 m setback may be reduced pending topographic conditions and as approved by TM EI during the pump-off location selection process."
Project-wide corrective actions were identified as part of an NNC issued during CV2223-134 (Field Inspection, Spread 5B and 6, NNC #3 of that CVA). The actions identified as part of those NNCs include requiring Trans Mountain to develop a plan and timeline to take project-wide corrective actions aimed at ensuring the mitigation and requirements outlined in the EFG-Pump-off are implemented. Those corrective actions are expected to also address this non-compliance. No additional corrective actions or submissions are required to address this NNC issued as part of this activity.
Due date: 2023-02-23
Observation 5 - General Observations
Date & time of visit: 2022-12-16 08:00
Wetland WT 724 KP 1075+700 Site prep was ongoing at the time of inspection and the working side is matted. Cross-RoW drainage hoses were installed. Trans Mountain representative indicated:
Compliance tool used: No compliance tool used
Observation 6 - Watercourse Crossings
Anderson Creek KP 1096 (fish bearing) Large rocks on site comparable to surrounding substrate. Noted that upstream and downstream of the crossing small trees/shrubs are interspersed in the rocks. Discussed contaminated site that is up-slope from Anderson Creek. CER and Trans Mountain confirmed contaminated site had previously been reported to the CER and a remediation file is active. CER IO passed inspection findings to Environmental Analyst assigned to the site. (See IR #2.3). BC 706A1 KP 1075.824 (fish bearing) Several layers of mats and cross-RoW drainage in place. Observed several different species of trees/shrub stakes salvaged and stored in a tent including hemlock, cedar, willow, poplar, alder, and red dogwood. Some topsoil was stored in the riparian area and the inspection team discussed with Trans Mountain representatives that it is not ideal practice when alternate areas are available, due to potential for soil to enter river. Based on the configuration of the watercourse at this location, there is little risk of impact at this location. Amphibian fencing was in place. Vedder River DPI (exit side) and Peach Creek (fish bearing) A bentonite inadvertent fluid release, (IFR) had occurred on land and was contained by poly and sandbags. Trans Mountain representatives confirmed additional cleanup (flushing and vacuuming) would occur. (See IR# 2.5a). Inspection team observed the Peach Creek IFR site (CER incident INC2022-213). At the time of inspection there was approximately 3 m x 3 m x 80 cm depression in the creek where the fluid was contained. Discussed Trans Mountain’s current two phased approach to 1) clean up the fluid 2) leave the depression with monitoring through freshet, then determine the best course of action. Requested, received, and reviewed the Peach Creek IFR cleanup plan. (See IR #2.5b). Vedder River DPI (entry side) (fish bearing) Inspected the site of a terrestrial IFR. Trans Mountain representatives stated approximately 90 L of bentonite fluid had been released. Cleanup was complete at the time of inspection. The IAMC IM identified a dead salamander who appeared to have been trapped in the geotextile from the amphibian exclusion fencing along the access road. Trans Mountain representatives requested a resource specialist visit the entire DPI area to determine whether there were additional trapped/dead salamanders and to make recommendations on the configuration of the matting to prevent future entrapments or deaths. (See IR #2.6 a and b). Browne Creek DPI (fish bearing) Trans Mountain representatives stated that approximately 14 trees had been removed and full width RoW was stripped due to space needed to stack pipes and casing. The Browne Creek DPI entry pit was excavated in the incorrect location and the entire area is matted. See CNC #1 Dewatering at Browne Creek DPI. Street Creek BC 720, KP1100.80 (fish bearing) Trans Mountain representatives said the contractor isolated and attempted to complete the watercourse crossing but could not handle the amount of groundwater flowing into the excavation. They removed the isolation prior to installation and will use an auger bore to complete the crossing. The creek reclamation included soil wrap with coir matting, timbers in bank, seeded banks, and woody debris within watercourse. Trans Mountain representatives indicated planting would occur later. (See IR #6). Sumas Canal BC 725 (fish bearing) Trans Mountain representatives stated water from the Sumas Prairie onsite was being pumped from the treatment system and discharged to Sumas Canal via sprinklers. Cracks in the banks were observed during pump-off, so they shut down the activity and are consulting with the City of Abbotsford. BC 730 (fish bearing) Trans Mountain representatives stated the pipe was installed and in-stream work was completed at the end of October. Rocky substrate, including pools and riffles were included in the reclamation. IO noted no staking was included in the reclamation and the bed and banks consisted of a rocky substrate, whereas upstream and downstream areas have woody vegetation interspersed in the rocks. BC 706C Bridal Creek (fish bearing) Discussed the plan to conduct an open cut crossing for this site. Observed and discussed sawdust from tree cutting along the banks of the creeks. BC 744A KP 1134+800 (non-fish bearing) A temporary vehicle crossing (ramp and culvert) had been installed for clearing then was removed. Trans Mountain representatives discussed that additional erosion and sediment control measures had been required in this area. Currently onsite there is geotextile lined settling ponds for water management. Water is being pumped off from the site into a treed area/depression approximately 12m away from the watercourse. (See IR #3 and IR #4.) A heritage resource site was delineated and flagged and will be crossed using an auger bore for avoidance. BC 706C KP 1076.80 – Auger Bore Collapse Site (fish bearing) In the afternoon of 14 Dec 2022, The Trans Mountain representative and inspection team were made aware of an incident where an auger bore crossing resulted in collapse of the streambed in the Bridal Veil Falls area. When the inspection team arrived onsite, the void area within the creek had been isolated using poly and sandbags and bypass pumps. There was limited flow in the creek at the time of inspection. It appeared to the IOs that any water that would have been flowing would have entered the void, such that downstream sedimentation or turbidity increase would have been unlikely. Discussed and observed 2 salamanders on site that had been recovered from a small pool within the isolated area at the auger bore collapse location. The salamanders observed were later confirmed to be Coastal Giant Salamanders. A resource specialist was onsite at the time of inspection, and a second resource specialist arrived later. Additional information and details were provided later: 5 salamanders had initially been found at the site by the EI, however 3 disappeared when the EI was away from the immediate location. One of the two remaining salamanders was dormant and was relocated. The other salamander was dead. Inspection team discussed with Trans Mountain representatives:
Observation 7 - Spread 7
Date & time of visit: 2022-12-15 08:00
19 Oct 2022 Meeting with Heritage Resource Specialist from BC Archaeology Branch Ministry of Forests In preparation for the inspection, CER IO, CER Technical Specialist, CER RCO IM, and IAMC IMs met with a representative from BC Archeology Branch regarding primarily the Yorkson Creek site. Discussed status of the permit and permit process, previous on-site meeting, repository for artifacts, observation of salamanders in test pits, depth of test pits, qualifications of field personnel (SMEs). CWP # 21 Yorkson Creek HER Site Inspection team met with a Heritage Resource Specialist and Trans Mountain Indigenous Monitor onsite. Discussed previous archaeological investigations and findings for the site. Ropes demarking the limit of the site are onsite but downed in some areas. Trans Mountain representative confirmed that prior to work occurring in this site, the site markings and rope will be re-instated. This site is scheduled for an HDD and will not be disturbed (See IR #2.9). Trans Mountain representatives stated prior to any drilling activities IFR supplies would be brought in and stored near the watercourse as precautionary measures. A large chain-link fence is preventing unauthorized access to the site. East side of road, heritage resource area is flagged and avoided. Plywood is onsite where there was a previous walking path. The area surrounding the heritage resource site has been stripped, graded, and matted. CWP 59A KP 1164.7 Trenchless crossing (DPI) for Fraser River (fish bearing) The contractor is currently digging the bore bay and the site has had an extensive amount of cut/fill/grading prep work completed over the past three months. Sound barrier was in place and inspection team discussed sound monitoring. Trans Mountain representative confirmed there may have been times where limits were exceeded (e.g. during sheet piling). Workers get automatic notification using a phone app when limits are exceeded. Discussed and observed onsite surface water management which includes collecting the water into a sump using polyethylene, geotextile, gravel and mats then it drains to a City of Surrey storm drain. Trans Mountain representatives confirmed they have approval from the city and they follow the city’s turbidity guidelines. Sprinkler system to discharge water to slope is not in use due to geohazard concerns raised but the City of Surrey. Trans Mountain representative stated grey water in the pit will be treated differently, likely using a treatment facility.
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
