Compliance Verification Activity Report: CV2021-205 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-205
Start date: 2020-10-19
End date: 2020-10-23

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 TMEP Spread 5B to assess pre-construction preparedness / early works including biosecurity protocol compliance, survey and staking identification of sensitive areas and resources, heritage resources and traditional land use sites. With IAMC.

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: 2020-10-20 10:15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General Observations

Kick-off KP 987 (Starts in Spread 5A):

KP 987 to KP 988+680KP 994+250 to KP 995+000KP 1000 
KP 1006+700 Updated Access Road
KP 1019 Caroline Mine Road
Inspection team met with the Indigenous Monitor onsite and stated some of their daily activities including:

Compliance tool used: No compliance tool used

Observation 2 - Wildlife

Date & time of visit: 2020-10-20 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Oregon Forestsnail KP 1061-1062


Mountain Beaver KP 1009+680
Bears 
Sowaqua Spotted OwlCoastal Giant Salamander KP 1075+900

Compliance tool used: No compliance tool used

Observation 3 - Watercourse Crossings and Wetlands

Date & time of visit: 2020-10-27 14:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

KP 988+370 WT-1132
KP 994+250 Fallslake Creek (S3):
KP 995+00 Unnamed Channel (S6) and KP 994+880 Unnamed Drainage (NCD):KP 1006.75 Non-Classified Drainage
KP 1000 Boston Bar Creek (S5), and a Non-Classified DrainageKP 1006 + 700: WetlandKP 1009+800
KP 1017+600 Ladner Creek (fish-bearing)
KP 1019 Coquihalla River crossing (fish-bearing)
KP 1030 Coquihalla River crossing: 
 

Compliance tool used: No compliance tool used

Observation 4 - CNC #1 Construction Waste

Date & time of visit: 2020-10-20 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 20 October 2020, the inspection team observed an abundance of stakes and flagging on the ground between KP 1062+000 and KP 1062+300.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Remove construction waste from the RoW between KP 1062+000 and KP 1062+300 and provide photographs.
 

Due date: 2020-10-21

Date closed: 2020-10-21
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 Blasting Sign Not Visible

Date & time of visit: 2020-10-21 13:52

Discipline: Safety Management

Categories:

Facility:

Observations:

At KP 988+900 the blasting signage was not near the access pioneer trail and was not visible during active blasting activities.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Move blasting warning sign to the access trail in blasting area so all project personnel can see the signage.

Due date: 2020-10-21

Date closed: 2020-10-21
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 - CNC #3 Bridge Construction

Date & time of visit: 2020-10-21 16:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 21 October 2020, the CER inspection team observed a temporary bridge over watercourse BC-589 on the shoofly at KP 995. Sediment had entered the riparian area from a gap in the wing wall of the bridge. TMEP indicated it has been there for a few days and the contractor was instructed to remove it. TMEP indicated the bridge had already been repaired once before. The surface of the bridge was not maintained and was covered in mud.

At KP 990+495 watercourse BC 582a was observed by the CER inspection team and found the bridge was not functioning correctly and was dripping sediment laden water into the riparian area. TMEP indicated this bridge was repaired once before and appeared the geotextile fabric was not wrapped properly.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TMEP is required to make bridge repairs at KP 995 (BC-589) and KP 990+495 (BC 582a) that meet the requirements of the specifications before continuing clearing construction. TMEP will develop a mitigation plan for bridge construction and maintenance.

Due date: 2020-10-23

Date closed: 2020-10-23
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 - NNC #1 Surface Water Management

Date & time of visit: 2020-10-21 14:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 21 October 2020 between KP 987+000 and 995+000, surface water was not managed and ESC measures were not maintained sufficiently at multiple locations causing sedimentation off RoW. Recent rain events increased the amount of surface water flowing across the RoW. ESC measures were in place including straw wattles but they were saturated with sediment and catchment basins excavated to filter out the sediment were not excavated regularly. Additional ESC measures were required to prevent sediment from flowing off RoW. TMEP agreed to stop all clearing activities and develop a Water Management Plan to provide guidance to the contractor on how to control large volumes of surface water. The Chief EI stated all areas would be resolved before continuing clearing activities and construction crews would follow the new management plan going forward. 

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

Regulatory requirement:

Relevant section(s):

Company action required:

TMEP agreed to stop all clearing activities and develop a Water Management Plan to provide guidance to the contractor on how to control large volumes of surface water. The Chief EI stated all areas would be resolved before continuing with clearing activities and construction crews would follow the new management plan going forward.

Due date: 2020-11-16

Date closed: 2020-11-16
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 8 - IAMC Indigenous Monitor Observations #1

Date & time of visit: 2020-10-23 16:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

CV2021-205 WPCIB Observations
10/19/2020

10/20/2020~ C.E.R Inquired about status of environmental marking protocols? TM reply:  Flagging in place and signage in process ahead of activities.
 ~ Giant Salamander mitigations in place? – Planned for Aug.31- Nov.1 window.
    No survey has currently produced presence of salamander.
   ~ IM inquired if British Columbia’s new special tree designation act is being applied to oil&gas industry? TM reply: Unknow at the time.10/21/2020Indigenous Monitor concerns

Compliance tool used: No compliance tool used

Observation 9 - IAMC Indigenous Monitor Observations #2

Date & time of visit: 2020-10-23 16:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

Indigenous Monitor Observations
Date & time of visit: 2020-10-20 9:00
Discipline: Environmental Protection        
Categories: Facility:  TMEP 5B – Approximate KPs visited 1062, 1030, 1019, 1006, 1000, 994, 987
Observations: 
Summary
No major concerns identified with the procedures observed on the site.
We note that best practices may not be in place for all construction activities.  An example of this is placing drip trays beneath construction machines when parked, which I observed in the Burnaby terminal.  When this was raised, TMEP indicated that this was not a required practice in the field.  Given the scale and scope of the construction activity, why not incorporate this best practice?  Especially when flagged by an Indigenous Monitor?
 
 

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