Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Field inspection to verify implementation of environmental mitigation measures on spread 5B of the Trans Mountain Expansion Project, with specific focus on watercourse crossings, dewatering, erosion and sediment control, and sites of indigenous significance. Also included in this inspection included: spread 5A Coldwater River crossing and dewatering event at the Browne Creek wetlands on spread 6.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
IR from CER (Information Request sent from CER to company) Browne Creek Wetland Dewatering
Legislative Requirement : Canadian Energy Regulator Act (CERA)
Sections of the Act
Theme and Categories
Due Date : 2023-01-31
Review Response Acceptable
Follow-up Action Issue another IR
IR from CER (Information Request sent from CER to company) NNC #1 Sediment Laden Water Entering a Waterbody
Legislative Requirement : Project-specific Environmental Protection Plan (EPP)
Applicable Wording from Legislative Document Page 60 54. Place pumps into an impermeable barrier (i.e., secondary containment trays). Pump grey water at least 50 m from the nearest watercourse, wetland or lake in a manner that does not cause erosion or sediment-laden water to enter a waterbody. If, during pump-off, the pump-off water indirectly enters the watercourse or waterbody, pump-off activities will be suspended for re-assessment.
Due Date : 2023-03-14
Follow-up Action None
IR from CER (Information Request sent from CER to company) Site Specific Watercourse Crossing Plans for BC570
Due Date : 2023-01-23
Observation 1 - General Observations
Date & time of visit: 2023-01-26 16:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Dent Pit Archaeological sediments are removed from within select site boundaries and are to be stockpiled separately and screened. The soil will then be returned to the same location when construction is complete. The inspection team visited the dent pit site where archaeological sediments are processed and managed. A soil shaker on site sifts and sorts out material of all sizes. The bottom part of the machine was excavated underground, and the arms were lowered so the soil doesn’t have far to drop potentially damaging artifacts. Each soil pile was staked and signed and the site was well organized. CER inspection team reviewed the documentation requested including:
Compliance tool used: No compliance tool used
Observation 2 - Watercourse Crossings
BC688 (S5) KP 1070.12
Observation 3 - Pump-off at Browne Creek Wetlands
Date & time of visit: 2023-01-22 12:00
On 22 January 2023, a contractor (Michels) was pumping water from the Vedder River DPI bore bay at the Browne Creek wetlands (KP 1100.03) into a vegetated area 40 meters from Hopedale Slough (S2 watercourse BC-718). The CER received a public complaint that turbid water was entering the watercourse and contacted TMEP. CER IO met with TMEP representatives and inspected the site on 23 January 2023 (See NNC #1 and #2). During the CER inspection TMEP representatives stated:
Observation 4 - CNC #1 Waste Segregation
Date & time of visit: 2023-01-25 14:00
On 25 January 2023, a spent grease cartridge was found in the non-hazardous waste bin at the Dry Gulch HDD exit side at KP 994+250. Inspection team discussed waste segregation requirements with the contractor and TMEP representatives. The contractor acknowledged the issue and developed a bulletin to remind staff of the requirements.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Provide the bulletin developed and sent to all Direct Horizontal Drilling personnel as a reminder on what materials can be sorted and where they should be placed.
Due date: 2023-01-27
Date closed: 2023-01-27 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 - NNC #1 Sediment Laden Water Entering a Waterbody
Date & time of visit: 2023-01-23 14:00
On 22 January 2023, a contractor (Michels) was pumping water from the Vedder River DPI bore bay at the Browne Creek wetlands (KP 1100.03) into a vegetated area 40 meters from Hopedale Slough (S2 watercourse BC-718). The CER received a public complaint that turbid water was entering the watercourse and contacted TMEP. CER IO met with TMEP representatives and inspected the site on 23 January 2023. During the CER inspection TMEP representatives stated:
Compliance tool used: Notice of Non-compliance (NNC)
Trans Mountain provided the following documents the CER IO on 31 January 2023:
Due date: 2023-01-30
Date closed: 2023-02-08 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 6 - NNC #2 Not Following Project Plans and Procedures
Trans Mountain provided the following documents to the CER IO on 31 January 2023:
Due date: 2023-02-08
Observation 7 - NNC #3 Project Wide Corrective Actions Related to Implementation of EFG – Pump-off
During the inspection on Spread 5B the inspection team focused on dewatering activities and found pump-off logs were incomplete, a foreman was unaware of active pumping, required inspections/monitoring of pump-off locations are not being completed, and pump-off locations that have resulted in sediment deposition. Dewatering issues were also observed on Spread 6 in December (CV2223-131) and Spread 3/4A in February (CV2223-295) and there appears to be a systemic issue related to the implementation of the EFG-Pump-off on multiple spreads.
Trans Mountain developed corrective actions for the dewatering event that occurred at the Browne Creek Wetlands on 22 January 2023 to ensure contractors and Trans Mountain employees are following the mitigation measures outlined in the Pump-off EFG. Confirm the following corrective actions from the event report are completed project wide for all contractors. Include a plan for how the corrective actions from the event report will occur for all project contractors and include an implementation timeline. “4. Contractor to draft a plan on how they will ensure monitoring at pump‐off locations is completed as per the EFG. Include details on how monitoring of the discharge path to the final receptor will occur. The plan is to address the roles and responsibilities of both crew members and CECs. The plan is to be endorsed by Contractor senior management and reviewed with all construction personnel involved in water pump off. 5. Contractor to develop training session to review the EFG: Pump‐off and CPOMF with pump‐off crews and foreman. Include pump‐off as part of the contractors’ Daily Toolbox Topic and weekly safety meeting topic, including the review of the WA. As part of the training develop a quick reference guide to be approved by TM for field crews to follow during pump off activities. 8. Contractor to provide site specific plans for all dewatering locations, outlining plans for managing water, discharge locations and end points, monitoring plan for compliance to the EFG, mitigation to be implemented to minimize impact to environmental resources and planned duration by construction activity of water pump off for TM approval prior to pump off activities commencing at a particular site. New pump off sites can be added to the plan as construction progresses. 9. TM to complete more thorough reviews of pump‐off locations for approval. Approval documentation will evaluate the flow path of the water to the end point/final receptor. Focused Inspections throughout pump‐off will include a review of the flow path and final receptor.” In its 23 February 2023 response to CV2223-134 NNC #3 Trans Mountain stated it did not follow the requirements noted in the NNC, and instead provided alternative corrective actions without any discussion or approval of the CER IOs. Trans Mountain’s response to corrective action #4 and #8 indicated that these corrective actions will not be implemented project wide, despite the NNC requirement to do so, with rationale being these corrective actions are specific to the complex water management issues on Spread 6. The CER IO notes that widespread and systemic nature of non-compliances related to implementation and contractor oversight of the EFG-Pump-off, as noted in this NNC, remain an unresolved matter. Please note that NNC #3 corrective actions remain unfulfilled and the Trans Mountain response to this NNC is therefore rejected.
Due date: 2023-03-17
Date closed: 2023-03-24 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 #4 Bridge Repairs and ESC
Date & time of visit: 2023-01-26 12:00
Inspection team held onsite discussions with TMEP representatives and the contractor regarding the muddy RoW and the need for a rock amendment to be added to the travel lane. TMEP representatives stated the focus was on the steep slope erosion control measures, but it would be added to the priority list. Bridges were layered with mud and need regular maintenance to prevent sediment from entering the watercourses and flowing off RoW. There is a lot of dump truck traffic and TMEP representatives stated it will be ongoing for a while. KP 1034.01 BC-648a (S6) The geotextile layer underneath vehicle crossing deck has fallen away with gaps inside of crossing which is covered with mud from vehicle traffic at time of inspection. KP 1034.03 NCD BC-648a.1 The wingwall was not properly extended across to prevent sedimentation from entering the channel. KP 1034.14 BC-648b (S6) Bridge deck has a layer of mud from vehicle and rock truck traffic.
Due date: 2023-03-14
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
