Compliance Verification Activity Report: CV2122-115 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-115
Start date: 2022-02-11
End date: 2022-02-21

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 Trans Mountain Expansion Project, Spread 5B, during construction. The compliance verification activity focused on the implementation of mitigation measures required by the Environmental Protection Plan and related management plans. Specific attention was given to watercourse crossings and sites of Indigenous significance.

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 - General Observations

Date & time of visit: 2022-02-14 08:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

KP1032.2 – Water Management System

KP1030.14 to 1030.67 - WFA-37 Spotted Owl and Coastal Tailed Frog Chance Find

KP1064.7 (#93)

~KP1044 - Archeology Site 

KP1053.26 to KP1054.62 – High Density Weeds

KP1058.85 – Lorezetta Creek And S5B347 Archeological Site

KP1064.7  

KP1064.5 - VG220a BROTROE Moss – SARA listed species

 

Compliance tool used: No compliance tool used

Observation 2 - Watercourse Crossings

Date & time of visit: 2022-02-14 14:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General

KP 1030.17 to 1030.19 – BC 645 - Coquihalla River – West side

KP1030.14 – BC 645 - Coquihalla River – East side

KP1033.89 –  BC648.1 Sp5b-ARC2-0708-F4 Unnamed Drainage

KP1034.01 –  BC648a Unnamed Channel [S6] 

KP1034.4 – BC648b Unnamed Channel [S6] 

KP 1071.165 – BC-693b (BCVA-307) Unnamed Drainage (NCD) SP5B-CR01-0125-F02 

KP 1071.1 – BC-693a (BCVA-307A) Unnamed Drainage (NCD) SP5B-CR01-0125-F01

KP1071.02 – BC-693 Unnamed Channel [S6/S3]

KP1070.73 - BC-690 Unnamed Channel [S1B] Fish bearing

KP1044 + 527+300.31 – BC-657 Silverhope Creek [S1B] Fish bearing

KP1064.1 - BC-678 Unnamed Channel (Phillips Creek) [S6/S3]

KP1062.3 - BC-672 Unnamed Channel [S6]

KP1072.3 BC-696 Unnamed Channel [S6]

Compliance tool used: No compliance tool used

Observation 3 - Sites of Indigenous Signficance

Date & time of visit: 2022-02-14 08:30

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Discussions at Popkum Yard:

KP1070.59 and KP1064.78 - TLU sites

KP1045.24 to KP1045.26 - TLU Sites

KP 1064.782 - SP5b-CR1-1216-2021-F1-1

KP1064.3 – TLU Chance Find

KP1072.6 to KP1072.7 -

Compliance tool used: No compliance tool used

Observation 4 - CNC #1 - Litter at Coquihalla River (BC-645) KP 1029.5 to 1030.2

Date & time of visit: 2022-02-14 14:08

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Litter at the Coquihalla River KP1029.5 to KP1030.2 – photo provided in the field showing litter that has been removed from the site.  Compliance has been met.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide photographic confirmation that litter has been removed on the RoW at the Coquihalla River.

Due date: 2022-02-15

Date closed: 2022-03-16
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 5 - CNC #2 - Sediment Fence at Watercourse BC-645A ~KP 1029.5

Date & time of visit: 2022-02-14 14:08

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Sediment fence at Coquihalla River side channel BC-645A ~ KP1029.5  – photo provided in the field showing the installation of a sediment fence adjacent to a side channel to prevent potential sedimentation from the construction RoW. Compliance has been met.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide photo demonstrating installation of sediment fence adjacent to watercourse BC-645A.

Due date: 2022-02-15

Date closed: 2022-03-16
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 6 - NNC 1 - Sedimentation at KP 1072.85 Watercourse NCD BC-698

Date & time of visit: 2022-02-16 14:45

Discipline: Environmental Protection

Categories:

Facility:

Observations:

IOs note that while the scale of the November rain events was larger than could reasonably be predicted, it is TMPU’s obligation to mitigate the adverse environmental effects caused or amplified by the construction of the project.  It is the IOs’ expectation that TMPU assess the remainder of the RoW and areas off-Row affected by the clearing and construction of the project and manage the effects found.

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide an assessment conducted by a qualified Resource Specialist of the extent of the sedimentation of Watercourse BC 698 located at KP 1072.85, and a plan for mitigating the potential impacts that could occur when high water flushes the sediment in the watercourse channel towards the Fraser River.
  2. Provide the plan for reclamation of the watercourse channel and riparian area that crosses the exposed soil on the construction RoW to minimize future sedimentation.
  3. Provide confirmation of whether the Flood and Excessive Flow Contingency Plan was implemented for this location. If so, provide the record of notification by the Environmental Inspector or the Construction Manager that contingency measures were being initiated, a list of measures implemented, and any notification to regulators and Indigenous communities. If not, provide a rationale for why not.
  4. Provide a record of inspections for spread 5B to assess the effects of the November rain events on the RoW construction footprint and any off-RoW effects related to the RoW construction.

Due date: 2022-03-25

Date closed: 2022-04-06
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 - IR #1 Traditional Land Use Sites Discovery Contingency Plan

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

For this inspection we verified the implementation of the TLU Sites Discovery Contingency Plan. 

While on inspection we heard that there was a day long meeting with one of the Indigenous communities, and that the 8 people participating went with company personal to 6 different locations on the construction RoW.  We met 2 TM-IMS at specific sites of Indigenous significance, and they, along with the TM-EI were very generous in answering our questions about how the Contingency Plan had been applied.  To formalize the questions asked in the field, we request documentation via information request IR#1. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Please provide documentation that demonstrates compliance to the TMEP Environmental Protection Plan, s.12 Traditional Land Use Sites Discovery Contingency Plan for the following Gathering Places and Sacred Areas:

KP 1070.59, SP5b-CR1-1266-F1-4

KP 1064.782 SP5b-CR1-1216-2021-F1-1

2. Based on the requirements of the TMEP Traditional Land Use Sites Discovery Contingency Plan (Plan), please provide the following:

a. The location of each TLU site with respect to the pipeline construction footprint.
b. The relative importance of the TLU site to the applicable Indigenous community(s).
c. A description of any alteration of construction activities to be implemented to reduce disturbance.
d. During discussions about the identified TLU sites, what alternative site-specific mitigation strategies have been recommended by Indigenous communities, the Traditional Land Use Resource Specialist or the TM Indigenous Monitor(s)?
e. The date of each step in the process for complying with the Plan.

Due date: 2022-03-04

Date closed: 2022-04-07
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 - IR #2 Course Woody Debris at the Coquihalla River BC-645 KP 1030.15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At the Coquihalla River pipeline crossings, course woody debris has not been installed as specified in the Resource Specific Mitigation Table for reclamation of the entire 50 m riparian zone on each side of the river.

RSMT Site Specific Reclamation Notes

 

Coquihalla River – Course Woody Debris

Location

RBZ

Target volume of CWD (m3)

Target # Stumps

Reclamation

KP1018.57 to KP1018.83

50

55

45

Retain CWD if available and compatible with surrounding land use.

KP1018.91 to KP1019.14 

50

65

55

Retain CWD if available and compatible with surrounding land use. At least 1 m3 of the target volume CWD is required for each side of stream for streambank stability. Streambank logs > 20 cm diameter preferred.

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Please provide:

  1. Justification for not installing the CWD as specified in the EPP and RSMT at the Coquihalla River located at KP1018.57 to KP1019.14.
  2. Documentation that provides notification or a variance request to the CER for the change in reclamation methodology at the Coquihalla River.
  3. Confirmation that other regulators e.g. EEEC and BCOGC accept that CWD will not be installed on either side of the Coquihalla River for the full extent of the riparian buffer zone that extends to 50m on either side.

Due date: 2022-03-04

Date closed: 2022-04-07
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 Observations

Date & time of visit: 2022-02-14 10:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

The CER had not yet received observations from the Indigenous Monitors on this CVA at the time this report was drafted. The CER will update the report and add observations if and when received

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:

- 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