Compliance Verification Activity Report: CV2223-126 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 1897
• Inspector In Training T

Regulated company: Trans Mountain Pipeline ULC

Operating company:

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-191
• CV2021-195
• CV2021-204
• CV2122-117
• CV2122-121

Rationale and scope:

TMX Spread 5A - Assess field implementation of the environmental protection plan and associated resource specific plans for ongoing construction activities; verify mitigation measures at watercourse crossings, adequate erosion and sediment control measures, mitigation for sites of Indigenous significance, and mitigation for bird nesting.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (1)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project dated September 2019
• Project-specific plan or procedure
• Resource Specific Mitigation Tables
• Project-specific plan or procedure
• TM Environmental Field Guide - Nesting Bird Risk Assessment

Regulatory instrument number(s):

• OC-065

Observations (no outstanding follow-up required)

Observation 1 - General Right-of-Way (RoW)

Date & time of visit: 2022-07-19 12:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Surface Water Management
• Containment and Drainage Structures
• Wildlife
• Destruction/Loss of Habitat
• Species of Concern
• Vegetation
• Invasive Plant Management
• Housekeeping
• Waste Management
• Temporary Structures

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Note: all KPs and AKs are approximate.

General

• Prior to heading out to the field the Inspection team washed and bleached their vehicles as per the required biosecurity measures.
• Historical and environmentally sensitive features included buffered areas, were identified with appropriate flagging and signage.
• RoW boundaries flagged and no soil or project worker trespass was evident.
• Topsoil piles labeled, and staked with weed identification where required.
• Erosion and sediment control (ESC) mitigation installed where required and appears to be functioning as intended. 
• Housekeeping was in good order (i.e. construction debris and garbage picked up and disposed of).
• Trans Mountain Project personnel were wearing appropriate personal protective equipment.
• Consistent wildlife crossing gaps were observed in soil pile windrows.

• Currently there is no construction activity in this area.
• Bird nesting area (several) where clearing was previously undertaken. Bird nesting mitigation included appropriate buffers and  installed signage, rope with flagging, and stakes.

• Columbia Spotted Frog pond.
• Clearing has been completed in this area.
• Amphibian exclusion fencing was installed as required, and signage was installed.
• Several Bird nest buffer signs installed along with rope/flagging and stakes.

• Clearing and topsoil stripping has been completed in this area.
• Several Archaeological (Arky) sites in the area contained an appropriate buffer, and were signed, flagged/roped off. Trans Mountain representatives discussed that Arky monitors are onsite for clearing/topsoil stripping.
• A Snake habitat area contains staking and signage, and a buffer remains in place.
• Trans Mountain crews in the area have recently been finishing work at 1 pm due to a higher fire rating.

• Topsoil windrows were labeled.
• Two Culturally modified trees (CMTs) in the area included buffers.
• Bird nest buffers in place including signage, stakes, and rope/flagging.
• Seconday containment was in place under Jerry cans.
• A track hoe and a dump truck were checked for stickers indicating these had been been cleaned for the Project. The inspection team also checked equipment cleaning records which indicated that this equipment had gone through the appropriate level 2 and 3 cleaning process.

• This area has been previously cleared and there is currently no construction activity occurring.
• Several bird nests have been located in the area. Bird nest signage and rope/flagging/stakes were installed, and a bird buffer area was intact.

• This area has been cleared.
• Several signs in the area indicating Amphibians (e.g. Columbia Spotted Frog) and bird nests.
• Amphibian exclusion fencing in place as required.
• Trans Mountain representatives discussed that Northern Alligator Lizard was found in this area. Signage has been installed to identify this.

• Clearing and topsoil stripping has been completed in the area.
• Snake habitat staked and signage installed.
• The fire rating has increased in the area so Project crews finish work by 1 pm.
• Several Arky sites were signed and roped with ribbon ahead of construction clearing.

• Topsoil windrow labeled with staking.
• Two CMT buffers in place (roped off).
• Bird buffer left in place and signage installed.
• Secondary containment was installed underneath jerry cans.
• Two pieces of equipment were randomly checked for project cleaning stickers. Trans Mountain representatives sent the cleaning records for this equipment to the inspection team. The records indicate equipment was cleaned as required.
• Inspection Team discussed the engagement process for chance finds on the Coldwater re-route. Trans Mountain responded to two information requests, demonstrating that several chance finds had gone through the engagement process. In the second IR response, Trans Mountain demonstrated that there is a three step process in place for chance finds. No concerns.

Compliance tool used: No compliance tool used

Observation 2 - Watercourse Crossings

Date & time of visit: 2022-07-19 11:30

Discipline: Environmental Protection

Categories:

• Water Bodies - Non-Fish-bearing
• Chemical Spills/Releases
• Sedimentation/Turbidity
• Erosion
• Temporary Access Structures
• Water Bodies - Fish-bearing
• Direct Mortality of Fish
• Sedimentation/Turbidity
• Destruction/Loss of Habitat
• Disturbance
• Chemical Spills/Releases
• Erosion
• Temporary Access Structures

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Note: all KPs are approximate.

KP 924.15

• Northeast side of the Nicola River.
• Currently there was no active construction in this area.
• Topsoil windrow has tackifier applied and a cover crop seeded.
• Installed signage included environmentally sensitive area (ESA) and rare plants.
• Wetland is signed appropriately including "no fueling within 100 m".
• Raptor nest signage installed including roped/flagged area.
• Front edge of the RoW includes a keyed in cut, however at the lowest point the cut is not quite as deep into the soil. The other half of the RoW had sediment fencing installed, and Trans Mountain could consider extending the fence as a preventative measure. The next day Trans Mountain extended the sediment fence.  
• RoW footprint was flagged as required to prevent construction activity and soil trespass.

• Shuta Creek.
• Cleared and topsoil has been stripped.
• Three CMTs in the area. Buffers are signed, roped and flagged. A small section of one of the buffers could use some maintenance (upright ropes and staking), however there is no active construction in the area, and there is a closed fence gate in place. Trans Mountain representatives stated that prior to construction resuming in this area they would be correcting and adding any mitigation measures needed. Also, a "No Entry " sign was added as a mitigative measure for birds nesting in the area.
• Bird nesting area was missing signage. See Corrected Non-compliance regarding bird nesting mitigation.

• Clapperton Creek (fish-bearing).
• Watercourse crossing signage in place including riparian buffer zone sign.
• Trees have been hand-cut in the area.
• ESC measures were installed including cuts in the soil, berms, and straw wattles.
• ESA signage and buffers in place, also three Arky sites included a buffer and signage installed.
• On the southwest side of the creek, berms were installed on a steep slope, and appear to be functioning as intended.

• Coldwater River directional drill in-progress (reaming). Inspection team observed the drilling entry and exit sites.
• Trans Mountain representatives discussed that no frac-outs had occurred at this point in time.
• Light stands in the area were double-walled and/or had drip trays placed underneath. Jerry cans onsite were contained in a secondary containment bin.
• A spill kit on site was checked and was full with what appeared to be the required materials.
• Inspection team discussed water quality checks with onsite Triton representatives. Turbidity checks are conducted 4x/day in five locations (one location upstream and four downstream). Readings have not exceeded 1 NTU.
• An onsite environmental response trailer contains appropriate materials for the work being undertaken.
• Trans Mountain representatives discussed that frac monitoring (walks) is undertaken four times per day, and the monitors are in constant communication with drilling staff.
• Sediment fencing and berms were observed at various locations throughout the site and appeared to be functioning as intended.
• A fire response trailer is onsite. Trans Mountain representatives discussed that the trailer is started weekly to help ensure it is operational.
• Signage at the site included watercourse crossing signage (including signs for an Unnamed Channel - BC-581, and no fuelling within 100 m of a watercourse), a wetland, and three signs for environmentally sensitive areas.
• A temporary travel bridge was installed for the HDD and for the Unnamed Channel. The bridge includes appropriate side curbs and wing walls.

• BC-254 Unnamed Drainage.
• Coastal Tailed Frog area (ESA) included signage. Trans Mountain representatives discussed that Resource Specialists have completed a frog salvage and the salvage activities have been continuous during construction. Amphibian fencing installed as required.
• Culvert was recently installed and water was being pumped around the site. On the exit side of the pump there was
  Geotextile material installed as an energy dissipator to avoid creek bed scouring.
• Watercourse crossing signage in place.
• A spill kit was onsite and secondary containment was observed under a jerry can and other project equipment.
• Topsoil windrow labelled, and wildlife gaps were observed along the soil windrow.

• Jacko Lake - Project crews were finishing building the hole for micro tunnelling process. Inspection team visited Pad No. 1 and No. 4. 
• The area Foreman was asked for the bird map and eventually the area Inspector was able to retrieve the map. Trans Mountain representative confirmed that the Foreman was added to the bird map email list. Inspection team discussed bird awareness with Company IMs and confirmed that this is brought to their attention on a regular basis.
• Sediment fencing is installed around the perimeter of the matted and raised gravel work pad.
• A water pump-off containment area included geotextile fencing and a filter bag.
• A topsoil pile was seeded and sediment fencing placed around the perimeter.
• Secondary containment measures were placed under project equipment (e.g. generator).

• Anderson Creek (fish-bearing), a Non-Classified drainage, and a wetland in this area.
• In the creek riparian area, erosion control matting was installed, salvaged root balls re-planted, and coarse woody debris added.
• Installed straw wattles, sediment fencing, sand bags, and berms were functioning as intended.
• Installed signage included watercourse crossing, wetland crossing, amphibian breeding pond, ESA, and American Badger critical habitat.
• Soil piles were labelled in the area.
• Travel access over the Creek culvert included Geotextile installed along the sides.

Compliance tool used: No compliance tool used

Observation 3 - Corrected Non-Compliance (CNC)

Date & time of visit: 2022-07-19 13:30

Discipline: Environmental Protection

Categories:

• Wildlife
• Disturbance

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

At KP 915 (approximate) - Shuta Creek, bird nests were previously located in the area. Some mitigation was installed including a buffer with rope, posts, and flagging, however bird nest buffer signage was missing.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific plan or procedure
• TM Environmental Field Guide - Nesting Bird Risk Assessment

Relevant section(s):

• 5.4 Active Nest Discovery Protocol -2. Resource Specialists will install appropriate signage at each bird nest buffer location.

Company action required:

TMEP will install bird nesting area signage as required by its Environmental Field Guide.

Due date: 2022-07-21

Date closed: 2022-07-26
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

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: