Compliance Verification Activity Report: CV2021-193 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-193
Start date: 2020-09-07
End date: 2020-09-11

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

The scope focused on Traditional Land Use (TLU) sites and training of Trans Mountain IMs. Environmental inspection of the Trans Mountain Expansion Project spread 2 construction with specific focus on Traditional Land Use (TLU) sites and training of Company Monitors.

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 - Watercourse and RoW observations

Date & time of visit: 2020-09-29 09:36

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Bench Creek crossing:

-Crossing observed to be reclaimed with diversion berms and erosion control coir matting appropriately installed.

-Grade recontour of slopes adjacent to watercourse aligned with adjacent topography.

-Riparian area erosion control logs and posts installed with coir wraps and willow staking observed in place.

-Conversation with TMEP IMs at site involving Elder consultation - IOs asked if Elders are available in the event of a need for assistance in discussing an identified sacred or cultural resource. IMs indicated it would be helpful if Elders were available and trained to respond in a timely manner similar to a resource specialist in the event that the need arose. (Note: CV2021-202 conducted further follow up on this discussion. Please reference the CV2021-202 report for additional discussion on this matter).

Carrot Creek crossing:

-No construction apart from survey staking observed at crossing at the time of inspection.
-Canada thistle plants observed in area on and off RoW. IOs discussed TMEP approach to invasive plant management - TMEP representatives indicated this is a responsibility shared with Trans Mountain operations outside of the project. Also discussed potential for integration of TLU sites into Trans Mountain Integrated Weed Management Plan (Note: CV2021-202 conducted further follow up on this discussion. Please reference the CV2021-202 report for additional discussion on this matter).
- Signage indicating "Whirling Disease cleaning required" in place at crossing. TMEP representatives indicated knowledge on requirements for "rinse, drain, dry" of equipment to mitigate spread of whirling disease in Alberta.


RoW in area of KP 204

- Weed management signage in place.
- Met and had a conversation with local landowner, who indicated no concerns with construction at time of inspection.
- TLU site mitigation discussed. Signage for "no mulching, stumping or grubbing" in place adjacent to site.
- Discussion with TMEP IMs revealed awareness of this site as a plant gathering site
- Evidence of burnpile adjacent to wetland WT204+410 appeared to have scorched topsoil and concerns were raised regarding potential burn of slash timber on topsoil. Upon researching records of activities that had occurred in the area, TMEP representatives confirmed that a burning sloop was used and no material was burnt directly on topsoil.

Compliance tool used: No compliance tool used

Observation 2 - IAMC IM led meetings

Date & time of visit: 2020-09-08 13:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

IAMC Indigenous Monitors led a discussion which verified TMEP compliance with commitments regarding training and development of its Indigenous Monitors and the TMEP Indigenous Monitoring program.

The Inspection Team met first with TMEP representatives and a contingent of TMEP IMs. Then the Inspection Team were joined by additional TMEP IMs and met with just the TMEP IM contingent to have additional discussion around their training, development and awareness of TMEP commitments and mitigations to protect cultural resources and sacred sites.

During these meetings the Inspection Team discovered potential gaps in the training and development components of TMEP's Indigenous Monitoring program. 

Due to the postponement of this inspection, these potential compliance matters were not pursued at this time and were further explored and addressed in a follow up inspection meant to finalize work begun during this activity. Follow up to this activity was completed under activity CV2021-202.

Compliance tool used: No compliance tool used

Observation 3 - IAMC Observations

Date & time of visit: 2020-09-08 13:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

As the full scope of this inspection was postponed, please refer to CV2021-202 for IAMC observations, as that activity provided continuance of this inspection.

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