Compliance Verification Activity Report: CV2122-119 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-119
Start date: 2021-11-01
End date: 2021-11-05

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 Spreads 6 and 7A construction focusing on implementation of mitigation measures committed to in the EPP, Resource Specific Mitigation Tables, the SARA Permit and specific contingency plans. Spread 6 consists of new pipeline construction and installation of approximately 70km of 36 NPS pipeline, and the spread starts at KP 1075.10 and ends at KP1144.48. Spread 7A begins at 1144.48 and ends at 1165.20. Holmes Creek area on Spread 7B at KP 1175 was inspected as a result of a compliant from the public. Areas of focus during the inspection included HDD locations, timber clearing, protection of heritage resources, culturally modified tree mitigation measures, watercourses, wetlands, SARA listed species, and drainage, erosion and sediment control.

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 - Direct Pipe Installation (DPI) at the Sumas River KP 1112+300

Date & time of visit: 2021-11-02 13:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 2 - KP 1077+285 Popkum Indian Reserve at Bridal Falls

Date & time of visit: 2021-11-02 15:24

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 3 - Frasier Heights CWP 57 KP 1162+500 to KP 1163+800

Date & time of visit: 2021-11-03 08:45

Discipline: Socio-Economic

Categories:

Facility:

Observations:

 
KP 1163+150 BC774b Watercourse – not fish bearing and BC774c Watercourse – Pacific Water Shrew Habitat

Compliance tool used: No compliance tool used

Observation 4 - KP 1160+00 CWP 45 Bending Yard

Date & time of visit: 2021-11-03 12:40

Discipline: Environmental Protection

Categories:

Facility:

Observations:

3 November 2021

4 November 2021 9 November

Compliance tool used: No compliance tool used

Observation 5 - CWP 98 Spread 7B KP 1175 - Holmes Creek

Date & time of visit: 2021-11-04 10:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

 
CWP 98 Spread 7B BC-783a7 Non-fish bearing CWP 98 Spread 7B Holmes Creek BC-783b KP 1175+140 Non-fish bearing CWP 98 Spread 7B Austin Creek BC-784a KP1175+360 Fish bearing

Compliance tool used: No compliance tool used

Observation 6 - IR #1 KP 1160.0 Fueling Equipment

Discipline: Environmental Protection

Categories:

Facility:

Observations:

 

KP 1160 CWP 45 near Surrey Bend
  • Tank truck on site fuelling equipment
  • Interviewed EI regarding fuelling requirements within 100 m of a watercourse – he stated that all fuelling for Spread 6 & 7A will be conducted with two operators, one on the nozzle and one on the truck shut off
  • Interviewed truck operator to confirm compliance with fuelling requirements in the EPP – explanation was consistent with the EPP – he stated, “no fuelling ever within 100 m of a watercourse”. 
  • The statement by the truck operator is not consistent with the requirements specified by the EI. The operator stated that he was unaware of the change in procedure.
  • The fuel truck operator was unaware of where watercourse BC-771a2 was, and that he was fuelling within 100 m
  • The IO observed him up on the equipment providing a flashlight to the other operator while fuelling was likely being conducted

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. What are the new requirements for fueling equipment on Spread 6 and 7A?
  2. Is fueling now allowed within 100 m of watercourse or wetland?
  3. Why has Trans Mountain changed the requirement, and does it apply to other Spreads on the TMEP?
  4. Where are the new requirements documented and how has the work force been trained or informed?
  5. Explain why watercourse signage at KP 1160, CWP says “no fueling within 100 m” if fueling is now allowed within 100 m of a waterbody?
  6. Confirm that an adequate number of spill kits will be available at CWP 45 when work activity is being conducted.

Due date: 2021-12-06

Date closed: 2021-12-17
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 - IR #2 KP 1160.10 Amphibian 30 m Buffer Zone

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Observation #1

Opening meeting questions dated 2 November 2021
Terrestrial Harvesting location identification: iii, a. Yes, all locations are in the LRSMT which is updated each week.
 
i. Amphibian Salvage:
d. Salvage has been conducted at Fort Langley (Spread 7A): i. 1151.10‐1153.50
 
ii. Amphibian Buffers:
Spread 7a – all salvage locations have signage and buffers

Observation #2
Field Inspection dated 3 November Observation #3
The EI stated that the pipeline will be installed via a trench-less method for the wetland located at KP 1160.1

Observation #4 Observation #5
BC-771a4 (RBZ 20 m), WT1160.10 (RBZ 30 m) are both located on CWP 45

Observation #6
During the inspection the EI stated that he was not in attendance for the watercourse and wetland walkthrough with the contractor and construction management team at CWP 45.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Observation #1
  1. Please confirm that the LRSMT is updated each week and that all locations that require site specific mitigation are documented in the LRSMT
  2. On Spread 7A, amphibian salvage has been conducted at KP 1151.10 to 1153.50.  Is amphibian salvage required at WILD1160.1?  If not, please explain why not.
  3. Have signage and flagging of the buffer been installed at WILD1160.1 to protect the over winter habitat for amphibians?  If so, provide documentation demonstrating completion of this task.
  4. What work package is WILD1160.1 located in, and has work commenced at this location?
  Observation #2
  1. Please explain why wetland WT1160.10 (RBZ 30 m) listed in the LRSMT with “Amphibian Breeding Pond and Overwintering Site – General Amphibians” did not have a buffer zone flagged
  2. What date was the last survey for amphibians conducted by a Resources Specialist at WILD1160.1?
  3. What species of amphibians have been identified by the Resource Specialist at WILD1160.1
  4. Was an onsite meeting with the EI and CM conducted at CWP 45 to address resource specific issues and to review construction methodologies specified in the CWP? If so, provide the notes from the meeting.
  5. Provide the justification for not installing snow fencing at the watercourse and wetland to ensure protection of the riparian zones
Observation #3
  1. For Wetlands Abbo-Burn_W1129point5 and Abbo-Burn_W1129point51, please provide the KP location for each wetland, and the CWP#.
  2. Describe the minimal disturbance that will be required within the wetland boundaries for TWS.
  3. Will any of the drainage and erosion control measures specified in the CWP 45 DESC Plan impact the wetland WILD-1160.10 30 m buffer zone?
  4. Are the sediment ponds on the CWP 45 DESC located within the 30 m wetland buffer for WT1160.10?
Observation #4
  1. Will any of the drainage and erosion control measures specified in the CWP 45 DESC Plan impact the wetland WILD-1160.10 30 m buffer zone?
  2. Are the sediment ponds on the CWP 45 DESC located within the 30 m wetland buffer for WT1160.10?
  3. Will any of the drainage and erosion control measures specified in the CWP 45 DESC Plan impact the wetland WILD-1160.10 30 m buffer zone?
  4. Are the sediment ponds on the CWP 45 DESC located within the 30 m wetland buffer for WT1160.10?
Observation #5
  1. Provide the Provide the plan for enhancement of the riparian areas of BC-771a4 (RBZ 20 m), WT1160.10 (RBZ 30 m) and WT1117.12

Observation #6
  1. Provide an explanation of the work authorization process to ensure applicable environmental protection measures have been completed for work proposed for a specific day in a specific area as stated in the response to DLB-001-2021 Inspection Officer Order Specified Measures Response.
  2. Provide an explanation why the Environmental Inspector was not present for the environmental walkthrough for a new construction activity as stated in the TMEP Environmental Bulletin May 9 2021.
 

Due date: 2021-12-06

Date closed: 2022-04-04
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 - IR #3 KP 1160.3 Watercourse BC-771a3 Riparian Buffer Zone

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Explain why construction traffic was travelling between the RBZ buffer flagging and the watercourse.
  2. Explain who is accountable for ensuring the riparian habitat within the buffer zone is protected.
  3. Will any of the drainage and erosion control measures specified in the CWP 45 DESC Plan impact the watercourse BC-771a3 20 m buffer zone?
  4. Since this watercourse will not be crossed by the pipeline, rather the bending yard activities are working in proximity to the watercourse, will the 20m RBZ be maintained for the duration of the construction activity?If so, explain how.

Due date: 2021-12-06

Date closed: 2021-12-06
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 9 - IOO SLM-001-2021 Erosion and Sediment Control at Bending Yard CWP 45 (KP 1160)

Date & time of visit: 2021-11-03 14:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 3 November 2021, CER inspection officers conducted an inspection (CVA 2122-119) at construction work package 45 (CWP 45) at approximately KP 1160 and determined that sediment and erosion control did not meet the requirements.  At this location, there are two fish bearing watercourses, and two wetlands that require environmental protection measures specified in the Environmental Protection Plan (EPP) and in the Resource Specific Mitigation Tables (RSMT). The officers observed multiple pieces of equipment moving large piles of soil, sediment laden water migrating across the work site and ponding, work vehicles parked adjacent to watercourse BC771a3, and an access road within the 20 m riparian buffer zone (RBZ).

A small berm had recently been constructed to prevent the sediment laden water from entering the wetland at one location, a long straw wattle was laying on the ground and had not been secured in place, and a pump had recently been set up to remove sediment laden water from a settling pond excavated adjacent to the wetland.  Company representatives stated that the contractor had attempted to install sediment fence next to the wetland, but they said they were not able to hand dig into the soil. Work began at the site on 28 October 2021, and equipment started work at the site on 1 November 2021.  There have been multiple rain events that have resulted in soil saturation and water ponding.
An inspection was conducted at this site on 23 September 2021 (CVA 2122-118).  During that inspection a company representative stated that sediment erosion control measures would be implemented for the site prior to construction activity commencing in order to protect the watercourses and wetlands from sedimentation.

See attached for more details.

Compliance tool used: Inspection Officer Order (IOO)

Regulatory requirement:

Relevant section(s):

Company action required:

Based on the facts references herein, the inspection officer has reasonable grounds to believe
that there is or is likely to be a contravention of Parts 2 to 5 or section 335 of the Canadian
Energy Regulator Act (CER Act), or for a purpose referred to in subsection 102(2) CER Act, the
inspection officer may, by order, direct a person to

a. stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to
be stopped;
b. take any measure that is necessary in order to comply with Parts 2 to 5 or section 335
or mitigate the effects of non-compliance;
c. stop doing something that may cause a hazard to the safety or security of persons, or
damage to property or the environment or cause it to be stopped; or
d. take any measure that is necessary to prevent or mitigate the hazard to the safety or
security of persons or damage to property or the environment.


MEASURES TO BE TAKEN
Trans Mountain Pipeline ULC is ORDERED pursuant to subsections 109(1) and 109(2) of the
CER Act to:


Take measures specified as per (b) and (d) above
Stop doing something as per (a) and (c) above
Suspend work associated with a facility, including a regulated facility, abandoned facility or
ground disturbance until the hazardous or detrimental situation has been remedied to the
satisfaction of an inspection officer or the order is stayed or rescinded

Specified Measures
In relation to the Trans Mountain Expansion Project:
1) Stop all work at CWP 45 except to comply with Specified Measure 2.
2) Implement erosion and sediment control measures at construction work package 45 to
be maintained over the course of construction activities. During construction, the control
measures must be inspected by Trans Mountain Pipeline ULC reasonable intervals o
ensure functionality and that repairs will be completed as required (i.e., after rain events)
as described in the Pipeline Environmental Protection Plan, and as outlined in the Soil
Erosion and Sediment Control Contingency Plan.
 

Due date: 2021-11-03

Date closed: 2021-12-09
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 10 - Indigenous Monitor Observations #1

Date & time of visit: 2021-11-05 08:00

Discipline: Socio-Economic

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.

IAMC IM Tana Mussell observations:
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 at this time. 
 

Compliance tool used: No compliance tool used

Observation 11 - Indigenous Monitor Observations #2

Date & time of visit: 2021-11-05 08:00

Discipline: Socio-Economic

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.

  
 

Compliance tool used: No compliance tool used

Observation 12 - NNC #1 Environmental Buffers – Amphibien Habitat

Date & time of visit: 2021-11-03 15:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the 3 November inspection of CWP 45, the officers observed signage for a 30 m riparian buffer zone for WILD-11160.10 (Amphibian Breeding Pond and Overwintering Site – General Amphibians) and that the buffer had not been flagged or staked as required by the EPP, RSMT or specifed on the signage. 

During the 4 November inspection, the officers observed a settling pond being used that is located within the 30 m buffer for wetland WT1160.10.  The sediment pond is specified on the CWP 45 Contractors DESC Plan (Drainage, Erosion, Sediment Control) that was filed with the officers in response to the IO Order SLM-001-2021.

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

Regulatory requirement:

Relevant section(s):

Company action required:

On the TMEP, Spread 7A, CWP 45, KP 1160.10, WILD-11160.10, Amphibian Breeding Pond and Overwintering Site, install flagging and staking for a 30 m buffer as specified on the signage, in the Environmental Protection Plan (EPP), and on the Resource Specific Mitigation Table (LRMST), or apply to the CER for a variance to OC-065, condition 72.

Due date: 2022-01-14

Date closed: 2022-04-04
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 13 - NNC #2 Environmental Buffers – Watercourse, BC-771a3

Date & time of visit: 2021-11-03 15:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the 3 November inspection of CWP 45, the officers observed signage for a 20 m riparian buffer zone (RBZ) for watercourse BC-771a3.  The RBZ was partially staked and flagged, and no sediment fencing was in place to protect the watercourse from sedimentation (see IO Order SLM-001-2021).  Within the flagged 20 m RBZ, an access road was observed between the watercourse and the flagging.  Within the unflagged portion of the RBZ, 2 trucks were parked near the watercourse, and a worker was cutting vegetation with a motorized trimmer.

During the 4 November inspection of CWP 45, the officers observed the signage for the 20 m riparian buffer zone for BC-771a3, and that the 20 m flagging observed on 3 November had been removed. 
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

On the TMEP, Spread 7A, at CWP 45, watercourse BC-771a3, ensure flagging and staking for the 20 m riparian buffer zone (RBZ) specified on the signage is installed and maintained as required by the Environmental Protection Plan (EPP) and the Resource Specific Mitigation Table (RSMT), or apply to the CER for a variance to OC-065, condition 72.

 

Due date: 2022-01-14

Date closed: 2022-04-04
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:

- 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