Compliance verification activity type: Field Inspection
Team:
Regulated company: TransCanada Keystone Pipeline GP Ltd.
Operating company: TransCanada PipeLines Limited
Province(s) / Territory(s):
Discipline(s):
Rationale and scope:
Environment inspection of clean up and reclamation activities related to the 2020 construction activities and previously completed HDD sites.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Pre-Inspection IR No. 1
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Information is required to assist with scoping and planning for the upcoming inspection.
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
Provide the following information:
Due date: 2021-06-22
Date closed: 2021-06-22 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 2 - General Observations
Date & time of visit: 2021-07-06 09:30
Right-of-Way Observations
Where the ROW was stripped and graded, soil piles segregated and labelled. Wetland soils were observed to be segregated and stored separately from top and subsoil piles. Company stated that topsoil piles were tackified with a lignon-based product in 2020.
Multiple erosion and sediment control (ESC) measures were observed to be not functioning properly at the time of inspection (see NNC No. 1 – Erosion and Sediment Control Measures). In some instances, sediment had trespassed off ROW (see NNC No. 2 – Trespass).
Observed topsoil pile trespassing onto road allowance at Monitor KP 43+600 (see NNC No. 2 – Trespass).
Non-listed weeds were present in varying quantities across the project. TCK stated they do weed control (either spraying, or manual removal in organic lands) prior to replacing the topsoil.
Observed the South Saskatchewan River HDD entry pad. Final clean up had taken place approx. 2 weeks prior to the inspection. Area seeded and covered with a combination of straw crimping and hydro-mulching. ESC measures were installed (geotech fencing, waddles and diversion berms).
Observed instances of litter on the ROW at the majority of sites visited, including: cigarette butt at approx. Monitor KP 11+915; two empty diesel exhaust fluid containers under access road matting at approx. Monitor KP 16+950; string and various pieces of construction debris at multiple places along the ROW including Bindloss KP 0+200, Oyen South KP 60+500). See NNC No. 3.
Upon arriving at parking area near Oyen South 56+500, 2 Michels trucks were observed idling (units BC-324 and BC-406) with no workers in sight. TCK representative turned the vehicles off when questioned by the IAMC IM. EPP states that idling is permitted for up to one hour in extreme temperatures. Given the temperature at the time of observation was ~30C, this considered to be in compliance. However, TCK representative stated at the closing meeting that staff were reminded to not idle at the 7 July 2021 morning meeting.
Bindloss Pump Station (PS)
Bindloss PS construction is essentially complete at the time of inspection. Fully fenced substation is also constructed adjacent to the Bindloss PS on the north side, but TCK does not have access/control over that site – the utility provider controls that site. Graveled laydown yard is adjacent to the PS, which is underlaid by heavy duty geotextile to make gravel removal easier. Power is not yet running to the Bindloss PS, power is provided by an on-site generator. TCK representative stated that workers are on site at least once per week for security purposes and to inspect and refill the generator.
ESC measures still installed, final clean up not yet completed at the site. Litter observed within the Bindloss PS fence line and outside of it. TCK representative stated that there are a few things on the deficiency list for the site that require correction. Observed areas of erosion and observed geotech fencing required maintenance or correction at a couple locations around the PS (see NNC 1 for additional details on ESC at the site).
Inspected a portion of the ROW adjacent to Bindloss PS. Final cleanup was complete on that section of the ROW – soil respread, seeded and straw crimped. TCK representative stated that straw is sourced from the landowners of the land, where possible. Unused straw is returned to owner or permission obtained to use in other parcels.
Ness Property
Visited a site, north of Access Road 51 at Monitor KP 11+915, where landowner concerns were identified in the Condition 18 (c.18) tracker. C.18 tracker indicated the concerns related to ESC measures and indicated most of the issues were referred for future monitoring.
Observed the slough referred to in the c.18 tracker, where concerns with water levels were identified. Wetland and no-refueling signage present. No sitting water was observed in the slough at the time of inspection. Officer noted other comparably sized wetlands in the area also appeared to be low or dry.
Observed downed geotech fencing across the slough on the north side, but were unable to assess up close given the proximity of heavy equipment working. In one area of down fencing appeared to be completely disconnected and another area appeared to be falling down.
Observed an area ~40m x 10m outside of some semi-permanent fencing on the south side of the slough. A length of geotech fencing was down on the outside of the fencing and mostly underneath what appeared to be disturbed soil (see NNC No. 1). TCK representative stated that there used to be mats around the slough when they were constructing and the water levels were high. Company provided a photo of what the set up looked like and a copy of the updated landowner agreement showing the agreed upon additional TWS.
Visited another area of the Ness Property, at approx. Monitor KP 16+950. Additional issues with ESC measures were observed (erosion, down geotech fencing) and some litter was observed in wetland WL-580 (see NNC No. 1 – ESC, and NNC No. 2 – litter).
Discussed how TCK's land rep follows up with landowners following these types of events/inspections. Land representative said he will reach out to the landowner and provide an update. TCK is to provide an updated copy of the c.18 tracker to reflect any additional concerns.
Compliance tool used: No compliance tool used
Observation 3 - IR - Traditional Knowledge (TK) and Heritage Sites
Discipline: Indigenous Monitoring
Background:
Explain what measures TCK implemented at the access road near TK-047 to prevent public access while the ROW was not actively being worked on. TCK's Condition 16 submission dated 25 May 2011 states "Keystone plans to employ a total of four Aboriginal Resource Technicians (ART or Aboriginal construction monitors), two per pipeline construction spread, whose specific duties will be to monitor mitigation activities for heritage and TK sites during construction." (emphasis added). TCK's Project EPP dated April 2020, outlines mitigations relating to Clean-up and Reclamation, including Topsoil/Strippings Replacement, in Section 8: Project Construction. During the inspection, CER and TCK discussed the feasibility of accomodating one of the Company IM's request to be present during Topsoil/Strippings Replacement at POI-001, which is culturally significant to their Nation. TCK stated that they needed to consult with additional stakeholders (e.g., land agent, crews, etc.) before it could state whether it would be able accomodate the request. Provide an update on what TCK has determined relating to the Company IM's request to be present duing soil replacement activities at POI-001.
Due date: 2021-08-13
Date closed: 2021-09-08 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 4 - IR - Species at Risk
Condition 7 Appendix C, in Table C-1: Wildlife Project-Specific Mitigation Measures outlined in the January 2019 Condition 7 filing (PDF pg. 135 of 136, A97058-3) outlines the following mitigations for Prairie Rattlesnake:
Date closed: 2021-10-01 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 5 - IR - PCEM Reporting
In the Opening Meeting, TCK stated that it plans to conduct post-construction environmental monitoring (PCEM) at all pump station and pipeline areas that had works completed, regardless of the level of construction completed. They will submit the PCEM reports, required by Condition 19, to the CER. First year PCEM is planned to be done next year, and the first report anticipated to be filed in 2023. TCK stated that if they can’t complete all of the final clean up in 2021, the PCEM in the delayed areas will start in 2022.
Confirm that TCK's plan for PCEM reporting is accurately reflected and provide any additional details that may be relevant to the CER. If it is inaccurate, describe TCK's plan for PCEM reporting.
Due date: 2021-08-20
Date closed: 2021-09-14 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 6 - NNC No. 1 - Erosion and Sediment Control Measures
Date & time of visit: 2021-07-08 17:30
Monitor Section
Compliance tool used: Notice of Non-compliance (NNC)
1. On or before 23 July 2021, TransCanada Keystone (TCK) must file an ESC Corrective Action Plan, outlining / including:a) Confirmation that TCK has had a qualified person inspect and assess all ESC measures across the Project, where any ground disturbance has taken place since Project approval;b) A prioritization system for the correction of any inadequate or ineffective ESC measures, or areas that require but do not yet have ESC measures, identified during the inspection required in part a);c) Section-specific tables that outline breakdown the number of sites for each prioritization within the respective sections; andd) A description as to how, and at what frequency, TCK will be carrying out ongoing monitoring of ESC measures going forward. 2. Ensure corrections of any inadequate or ineffective ESC measures are implemented, under the supervision of a qualified person, as follows:a) At a minimum, high priority sites shall be corrected on/before 6 August 2021. Provide confirmation, on/before 6 August 2021, that this has been completed as well as photos and the KP locations of each corrected high priority site.b) Low (+/- moderate) priority sites shall be corrected on/before 20 August 2021. Provide confirmation, on/before 20 August 2021, that this has been completed.
Date closed: 2021-09-23 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.
Observation 7 - NNC No. 2 – Trespass
Date & time of visit: 2021-07-06 10:00
At the closing meeting, TCK representatives confirmed that the areas of trespass identified during the inspection will be added to the list of sites to monitor during PCM.
Due date: 2021-07-09
Date closed: 2021-07-30 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 - NNC No. 3 – Litter and housekeeping
Date & time of visit: 2021-07-06 16:00
Explain how TCK has communicated the requirements and expectations regarding litter and construction waste along the construction footprint.
Observation 9 - NNC No. 4 - Working within timing restrictions for Species at Risk
Date & time of visit: 2021-09-27 10:11
The EPP states "Mainline construction activities from Oyen South KP 49+108 to 51+000 and Bindloss South KP 12+469 to 13+960 and 16+630 to 17+393 shall be conducted between October 1 and April 30, depending on conditions."Following the closing meeting, TCK provided a list of any mortalities of species listed under SARA that had occured since the start of project construction. TCK provided details of eight mortalities of Prarie Rattlesnakes (listed on Schedule 1 as a species of Special Concern), four of which occurred in June 2021 within the areas subject to timing restrictions. TCK provided the following additional information in response to IR - Species at Risk:
Provide documentation to demonstrate that AEP has been notified of the mortalities that occured within the restricted timing windows.
Due date: 2021-10-08
Date closed: 2021-11-09 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 10 - IAMC Observation - Metis Nation Region 3
Date & time of visit: 2021-07-08 17:00
1.0 INTRODUCTIONThe environmental reclamation inspection took place near the town of Oyen, and included visits to Bindloss, Oyen, Monitor and Lakesend Section of the KXL Pipeline Project between July 5-9, 2021. Overall, the Indigenous Monitors were pleased with the pipeline operations and the company representatives in explaining the operation as well as answering questions. 2.0 OBSERVATIONS2.1 ArcheologicalVisited TK 047, company IM elder wanted to show the site, and share their concerns. TC had debriefed us at our first meeting when we had arrived on July 5th. Many elders shared that these sites are important markers either as guides or warnings of what is ahead. There are not any records or documentation from the original assessment about the stones. TransCanada Keystone is undergoing internal research to find the original documents. The elder said there were photos taken in the original report, she has requested that report from her community. The area had been identified as an area of avoidance. There was signage in place as well as the area was roped off.Next site visited was TK 005 The company IM elder again concerned about the missing stones They could be buried under the topsoil piles next to the site There was conversation about being present when the construction crew is reclaiming those soils.2.2 VegetationMet with TC Energy personnel, at the Bindloss Pump Station(PS), and went through a JSA. Talked about the area around the substation, and the berm clean-up. Erosion Control fencing needed maintenance. Could see the ROW seeded area outside of the fenced PS. We asked about the seed mix being used, TC Environment person said it was a “agroeconomics” mix which is Canada Blue grass, and sheep fescue. Compatible to dry areas. The PS station site will be cleaned up in August, there was lots of debris around. North side of the PS the Erosion Control fencing was breached. We walked the seeded ROW, the straw is sourced locally, and the unused straw will be returned to the owner or used elsewhere.Stopped at a SARA listed species site – Tiny Cryptanthe. Fencing and signage in place. The seed mix in this area is #5, but not rare plants seeds. The TC Environment person talked about the rare plant seed mix, and that it would be applied in the fall.The next stop was to review another SARA species – Slender mouse ear cress. At the site there were two vehicles left idling, and no one around. The TC Environment person turned off the vehicles. We were told that in the EPP vehicles were allowed to idle for one hour in extreme temperatures. The temperature on that day was 30 degrees.2.3 WildlifeCER lead found small egg on the side of the road as we were walking back to vehicles. Called in wildlife specialists, AJM Environmental. This was a sparrow egg, a non-reportable observation.At the Bindloss PS inspection, near the porta potties, the TC Regulatory person spotted a rattlesnake just laying on the gravel.2.4 SoilsDrove along the ROW and stopped to review topsoil sites. Discussed the weed control measures for these sites.2.5 WetlandsVisit one of the Landowners and their concern about his slough listed in the Condition table is the slough is not maintaining water, at Access Road 42 – Monitor Segment. There were several places the silt fencing was down and needed to be fixed. A cigarette butt was found where the workers were having their morning meeting. The slough is located approximately Monitor KP 11+600, open cut. Several silt fencing down. The landowner had a fence up where there was a TWS, used to go around the slough. The question was raised about how that TWS now that it is fenced will be reclaimed. The area needs a final clean-up.Stopped at WL 764.The erosion barrier had been compromised. The silt was going into the TWS. The erosion silt fencing needs maintenance.2.6 Other ObservationsLoyalist Creek Access Road 51, the “No Vehicle” access ropes and signage down. Could see tire tracks on the ROW. This area was stripped and graded in Aug/Sept of 2020, no pipeline here. 3.0 NON-COMPLIANCES/COMPANY FOLLOW-UP REQUIREDAt every site visit, the erosion fencing needed repair, or there was debris on the ROW. TC was very open to conversation and resolution for the “missing” stones at the TK sites we visited. They are researching internally for the archived documents from the previous surveys and are committed to finding a solution. 4.0 SUMMARYIt was a very intriguing experience it be part of the field inspection group and working along with the CER, Michel’s KXL, and the IMs. I gained a lot of knowledge at every inspection and every stop along the ROW. At the end of day we would have a close out meeting and discuss highlights. Any questions that were asked some one would have a answer. The mitigative measures the prime contractor and the proponent put in place are working as intended and the companies are following the EPP.The company IMs were knowledgeable about the heritage sites, and shared their history of the area. The Proponent and the Prime Contractor went to great lengths to address questions and concerns, and we very open to “fix” any issues that the team pointed out.I was impressed how the Proponent and the Prime Contractor went to great lengths to ensure that the inspection team was able to visit as many sites as we did.Covid19 safety and Personnel safety were Number One.
Observation 11 - IAMC Observation - Thunderchild First Nation
Date & time of visit: 2021-07-08 16:00
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
