Compliance Verification Activity Report: CV2122-118 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2194
• Inspector 2850

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-188
• CV2223-130
• CV2223-131

Rationale and scope:

An early environmental inspection of Spread 6 and 7A focusing on implementation of mitigation measure commitments in the EPP, Resource Specific Mitigation Tables, SARA Permits and specific contingency plans prior to clearing activities. Focus areas will be Oregon Forestsnail salvage, archeological shovel testing/TLU sites and potential HDD watercourse crossing sites.

Compliance tool(s) used:

• None

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Life-cycle Phases

• Pre-Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Act (NEBA) 2016-06-19
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Pipeline Environmental Protection Plan for the Trans Mountain Pipeline ULC Trans Mountain Pipeline Project September 19 Rev 6
• Project-specific plan or procedure
• Resource Specific Mitigtion Tables Spread 6 Trans Mountain Pipeline Project July 8 2021 Rev. 6
• Project-specific plan or procedure
• Resource Specific Mitigtion Tables Spread 7 Trans Mountain Pipeline Project October 2019 Rev. 6
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-065

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-09-23 08:00

Discipline: Environmental Protection

Categories:

• Housekeeping
• Waste Management

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

General Observations
Inspection team met with company representatives at the Imasco Minerals yard. The yard is located beside the Fraser River. The entire yard is poly-lined and filled with gravel for containment and sediment fence surrounds the perimeter. Erosion and sediment controls and equipment are stored at the yard. Parking is limited and workers are shuttled to work site. Waste bins for spill materials and other items were labeled as required. Most of the equipment arriving onsite is brand new. Signage was in place at all required locations and vehicles were observed maintaining the speed limit. Company representatives indicated they are planning to use this site at the Fraser River as a water withdrawal area.

The pipeline will cross 4 golf courses on Spread 6 and 7A. The inspection team observed Ledgeview Golf Club at KP 1117+900. Most of the new pipeline on Spread 6 will parallel Line 1 whereas it deviates on Spread 7A.

Inspection team observed the contractor laydown yard at KP 1160+00. Crews were seen conducting line locates and the boundaries were staked. A wetland is located within the area. Bird nesting mitigations during the nesting season was discussed with company representatives and they indicated they would be put in place during the bird window. There are 3 road crossings that will be completed in this area where workspace is limited and will likely be very technical to complete. Company representatives indicated a permanent retaining wall will be installed on the steep slope and sediment fence will be placed around the wetland.

Compliance tool used: No compliance tool used

Observation 2 - Heritage Resources

Date & time of visit: 2021-09-21 13:00

Discipline: Socio-Economic

Categories:

• Effects on Indigenous interests
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Heritage Resources
During the opening meeting company representatives stated they have obtained a Heritage Conservation Act Site Alteration Permit for some of the required sites but are still waiting for others to come in. Currently there are no construction activities at these sites, but Indigenous Monitors and Environmental Inspectors will provide regular monitoring of these areas during construction. The project crosses Popkum 2 Indian Reserve, Matsqui Main Indian Reserve and Tzeachten Indian Reserve.
 
KP 1163+500
Inspection team met with archeologists conducting shovel testing and they provided a detailed explanation of how they conduct their activities and a few locations they have tested. The areas being tested have a high potential for artifact discovery. A 5m grid is set up and holes are hand dug to a depth of 70 cm. The soil is screened using a ¼ inch mesh and all artifacts are collected and analysed. Company Indigenous Monitor accompanied the inspection team during the inspection of this site and provided details of their observations.

Compliance tool used: No compliance tool used

Observation 3 - Oregon Forestsnail Salvage

Date & time of visit: 2021-09-22 11:00

Discipline: Environmental Protection

Categories:

• Wildlife
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Oregon Forest Snail
Popkum IR Area KP 1076+760 to KP 1077+180
Inspection team requested and received a copy of the Species at Risk Act (SARA) Permit to review site specific mitigation measures. Resource Specialists set up two translocation plots and one control plot off RoW. Company representatives indicated the Resource Specialists were working with ECCC to develop the habitat in the relocation plots. Personnel are currently working on habitat enhancements of the plots (24m by 24m and 36m by 18m) including:

• Increasing amount of leaf litter and course woody debris
• Planting approximately 550 stinging nettle plants and placing seeds this fall
• Sediment fence was installed with the required copper strip

Compliance tool used: No compliance tool used

Observation 4 - Watercourse Crossings

Date & time of visit: 2021-09-15 09:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Use/Overuse/Flow

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Watercourses Observed
BC774c (S6) KP 1163+190
Environmental feature and high-water mark flagging were in place.
Company representatives stated:

• A Pacific Water Shrew salvage is planned prior to the crossing and would take at least 8 days depending on weather conditions.
• A clear span bridge will be installed and possibly security fencing.

• Amphibian salvage is planned for this watercourse prior to construction.
• The drag section for the HDD of the adjacent wetland would be across this location and is scheduled to begin next summer.
• Roots of the vegetation would attempt to be salvaged and replanted.

Compliance tool used: No compliance tool used

Observation 5 - Wildlife

Date & time of visit: 2021-09-22 10:00

Discipline: Environmental Protection

Categories:

• Wildlife
• Destruction/Loss of Habitat
• Disturbance
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Wildlife
There are many wildlife species of concern and SARA listed species identified on Spread 6 and 7A. During the opening meeting these species were discussed and some of the responses from company representatives included:

• There are 19 amphibian breeding ponds identified on Spread 6 and 7A.
• Wildlife buffers have not been staked or installed yet.
• Provincial wildlife permits overlap between spreads and are based on pond or stream habitat type.
• Trans Mountain EI, contractor foreman, clearing inspector, forestry inspector, and Indigenous Monitor will conduct walk throughs prior to clearing activities.
• Course woody debris will be stockpiled in windrows or temporary workspace in all forested areas.
• Coastal Giant Salamanders were not identified during pre-construction surveys so salvages may not be required. Mitigation requirements to vibrate the ground may not be necessary if salamanders are not found.
• Some trees have already been identified for retention by EIs and Resource Specialists, but additional trees will also be identified during pre-construction walkthroughs.
• Townsend’s Mole pre-construction surveys have been completed and no mole mounds were identified. A Pacific Coast Mole mound has been identified but no specific mitigation measures are required.
• Salvage has not been completed for the Western Painted Turtle and timing is yet to be determined. Construction is scheduled outside of the least risk window and mitigations will be applied. Instream features will be identified, and site-specific mitigations will be put into watercourse crossing plans. These instream features will be stored and replaced immediately prior to construction.
• Barn Owl and Western Screech Owl nests or nesting trees have not been identified. Trees will be reassessed during preconstruction surveys. It will be determined in the field where the RoW will be able to be narrowed if possible.
• Oregon Spotted Frog salvage will be conducted prior to October 31st as required per Provincial permit.
• Oregon Forest Snail (OFS) fencing along the RoW still needs to be installed at the Popkum IR.  A copper strip will be sewn into the fabric to deter the snails from climbing over the fence. This is only a requirement of the ECCC sites of Popkum 2 and Matsqui Main 2 IR's. Other areas of the RoW where OFS are salvaged and excluded do not require the copper strip nor are they limited by an October 31 deadline like the SARA permit requirement in ECCC sites. Active periods are dependent upon weather and generally occur from: – March 15 to June 30; or – September 1 to October 15 prior to winter hibernation. However, a Provincial Permit is not required outside of Federal Lands for OFS salvage. Any salvage will be conducted by a qualified Wildlife Resource Specialist and so the timing is flexible and based broadly on weather conditions/snail hibernation.   Additional salvage locations have been identified and will be added to the living RSMTs. Salvage will be completed by October 31 as per the SARA permit requirement. 

Compliance tool used: No compliance tool used

Observation 6 - Indigenous Monitor Observation #1

Date & time of visit: 2021-09-23 14:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

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.

Observation – Indigenous Monitor
CVA BACKGROUND
This Compliance Verification Activity was assigned February 2021 originally as Virtual CVA 2122-188. In March the Canada Energy Regulators decided to postpone it until summer since the scope was focused on the Species at Risk Act compliance and Trans Mountain Expansion Project hadn’t received the SARA permits. This CVA 2122-188 was reassigned as CVA 2122-118 and rescheduled for August 23-27, 2021 however due to the wild fire season CVA 2122-118 was postponed to September 20-24, 2021.
 
CVA 2122-118: IO-IM MEET & GREET
Date: September 8, 2021
Two Indigenous Monitors met with two Canada Energy Regulators. Collectively the group reviewed the Compliance Verification Activity Scope. The scope for this CVA was to verify Species at Risk Act compliance and wildlife-related requirements. The Scope was adapted to the early phase of construction, the mitigation measures and implementation process plan for Trans Mountain Expansion Project Spread 6 and 7A. Besides the Environmental Alignment Sheets, the Resource Specific Mitigation Plan, and the Mitigation Plans provided to review for the SARA listed species of interest are:

1. American Badger
2. Barn Owl
3. Coastal Gian Salamander
4. Great Basin Spade Foot
5. Williamson’s Sapsucker / Lewis’ Woodpecker
6. Oregon Forestsnail
7. Oregon Spotted Frog
8. Pacific Water Shrew

1.  Heritage Resources & Paleontology
2. Is construction activity in progress at DhRk-33, DhRk-35, DgRl-44, DgRl-46, DgRn-51, and DgRo-21 which are pending issuance of Heritage Conservation Act Site Alteration permit. If so are cultural monitors designated at these sites.? Do you have any HCA Site Alteration permits for these sites?
3. Request a copy of HCA Permit 2017-0180.
4. Is construction activity in progress at either DgRl-47 or DgRm-16 which is specified in the RSMT as HCA Permit 2017-0180 (Surface inspection, and/or construction monitoring. Protective fencing to demarcate site boundaries)? Is there or will Cultural Monitors be designated at these sites when construction activity is in progress.
5. Did you engage the affected Aboriginal Groups about management of 15-Stantec-MB-001 and 17-Stantec-MB-005? Please provide a summary of the management recommendations including the engagement date.
    

• DhRk-33, DhRk-35, DRl-44, DgRl-46, DgRn-51, DgRo-21: Pending issuance of Heritage Conservation Act Site Alteration permit. TM: No construction activity within these KP ranges identified. The Enviro group and IM’s will be regular monitoring these areas during construction.
• DgRl-47: HCA Permit 2017-0180: Surface inspection, and/or construction monitoring. Protective fencing to demarcate site boundaries & DgRm-16:TM: No construction activity within these KP ranges identified. The Enviro group and IM’s will be regularly monitoring these areas during construction. These areas will be flagged and have appropriate signage.
• 17-Stantec-MB-001 & 17-Stantec-MB-005: Engaged with applicable Aboriginal groups for management recommendations. TM: Will need to discuss this item with Arch group.

1. Traditional Land and Resource Use
2. Were any of the following traditional plant gathering sites TLU-45, TLU-46, TLU-47, TLU-48, TLU-49 locations reviewed prior to construction activities to determine whether the site will be impacted?
3. Which traditional plants were impacted?
4. Were the aboriginal groups that were impacted notified a minimum of four weeks in advance and did they harvest?

• TLU-45, TLU-46, TLU-47, TLU-48, TLU-49: Plant Gathering Sites: TM: No impacts at this point but there could be some going forward and therefore engagement will occur with the communities. Will have to follow up with our aboriginal relations groups to understand this better. Notification of construction has gone out to initiate this process to mitigate impacts. This goes out 4-weeks prior. Some TLU’s have been identified but not all areas have been identified at this point. CER asked whether the 4-week timing is appropriate for harvesting.

1. In reference to this site-specific mitigation for Popkum Indian Reserve #2 did you receive a permit under Section 73 of SARA prior to commencing Project activities and what are Permit Conditions for site-specific mitigation measures?

1. In reference to the site-specific mitigation for Tzeachten Indian Reserve #13 and Matsqui Main Indian Reserve #2 did you acquire a permit under Section 73 of SARA prior to commencing Project activities and what are the Permit Conditions for site-specific mitigation measures?
    

• Tzeachten Indian Reserve No. 13 & Matsqui Main Indian Reserve No. 2: TM: Yes, CER sent this permit to IM Sept 20. No permits needed for Tzeachten as no species were identified.

1. Wetland Complex 51-Open Water Component
2. Wetland Complex 51- Basin Marsh (riparian marsh)
3. WT-747- Basin Marsh (seasonal emergent marsh/reed canary)
4. WT-782/WT-783- Riparian Swamp (shrubby swamp) (Ws03)
5. WT-1382-Riparian Swamp (shrubby swamp)
6. WT-1224-Flat Swamp (shrubby swamp)

1. Are the site-specific mitigations including both shrub staking and bare root stock completed?

• TM: Site specific mitigations are part of the contractor execution plan including reclamation notes. None of what is listed has been salvaged to date but will occur before construction takes place.

1. Will any salmon spawners will be impacted at this site considering the site-specific mitigation prescribed?

1. Will any salmon spawners will be impacted at this site considering the site-specific mitigations prescribed?
    

• TM: TM will not be entering the watercourse as there will be a direct drill underneath the watercourse and therefore no mitigations needed for Salmon spawners. There will also be water quality monitoring during direct install work.

1. Do any of these spans contain acid rock and is there a Resource Specialist on-site during grading and trench excavations? What is your safe handling and storage process of Acid Rock?
    

• TM: TM has not completed this given the construction activity schedule. Plans will be developed accordingly when identified. Heavy precipitation periods were discussed and the concern this brings to the watercourses. Safe handling and storage plans will be developed in the future.

1. Have you received an HCA Site Alteration permit for DhRq-103 (KP1158.92-KP1159.16) and DhRr-414 (1175.27-1175.49)?
2. Have you made any changes to the design plans for HDD methods at DhRq-34 (KP1167.60-KP1167.84) that require the review of a qualified archaeologist?
    

• Resource Specific Mitigation Tables: Spread 7A KP 1144: TM has not seen any HCA Site Alteration permits for DhRq-103 & DhRr-414 as of yet.

1. Were either plant gathering sites TLU-50 (KP1161.63-KP1161.83) or TLU-51 (KP1166.43-KP1166.64) impacted by construction activity? If so, which traditional plants were impacted and were the indigenous groups that are impacted notified four weeks in advance to provide an opportunity to harvest?
    

• TLU-50: Plant Gathering Site & TLU-51: Plant Gathering Site: No impacts as of yet as there has been no construction activities.
   
  SITE VISITS

Compliance tool used: No compliance tool used

Observation 7 - Indigenous Monitor Observation #2

Date & time of visit: 2021-09-22 17:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

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.

Observation – Indigenous Monitor
I attended this inspection with the CER, and my observations have been appropriately captured by the Inspection Officer observations. I have nothing further to add currently.

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: