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:
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:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
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
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]
Observation 3 - Sites of Indigenous Signficance
Discipline: Indigenous Monitoring
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 -
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
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
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.
Provide photo demonstrating installation of sediment fence adjacent to watercourse BC-645A.
Observation 6 - NNC 1 - Sedimentation at KP 1072.85 Watercourse NCD BC-698
Date & time of visit: 2022-02-16 14:45
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)
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.
Observation 7 - IR #1 Traditional Land Use Sites Discovery Contingency Plan
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)
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:
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.
Observation 8 - IR #2 Course Woody Debris at the Coquihalla River BC-645 KP 1030.15
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
65
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.
1. Please provide:
Observation 9 - Indigenous Monitor Observations
Date & time of visit: 2022-02-14 10:00
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
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