Compliance Verification Activity Report: CV1718-264 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 1957
• Inspector 2460

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection

Related events:

• CV1718-261
• CV1718-332
• CV1819-443

Rationale and scope:

Environmental field inspection of planned 9 November 2017 removal of spawning deterrent mats at Trans Mountain Expansion Project (TMEP) watercourse crossings BC-38 (Camp Creek), BC-110 (Serpentine Creek) and BC-112 (Chappell Creek), to verify compliance with Trans Mountain’s relevant commitments in their OC-62 Condition 43 filings and related Information Request (IR) responses, and commitments in Trans Mountain’s responses to the CV1718-332 Notice of Non-Compliance (NNC). Scope expanded in field to include TMEP watercourse crossings BC-32 (Swift Creek) and BC-82a (Albreda River).

Compliance tool(s) used:

• None

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• Other

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• National Energy Board Act (NEBA)
• National Energy Board Act (NEBA) 2016-06-19
• Plans And Procedures
• Project-specific plan or procedure
• Watercourse Crossing Inventory, NEB Condition 43, for the Trans Mountain Pipeline ULC Trans Mountain Expansion Project (A82366 etc.) and associated Condition Compliance Information Request (IR) responses 15.1 (A84547) and 35.3 (A85064)
• Project-specific plan or procedure
• Trans Mountain Response[s] to Final Inspection Report CV1718-332 dated 25 September 2017 (response to items 1 and 2) and 28 September 2017 (response to item 3: Trans Mountain Response to Inspection Report CV1718-332, Fish Spawning Deterrent Mat Compliance Plan, Trans Mountain Pipeline ULC Trans Mountain Expansion Project)

Regulatory instrument number(s):

• OC-064

Observations (no outstanding follow-up required)

Observation 1 - Spawning Deterrents – general

Date & time of visit: 2017-11-09 07:59

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

As of 6 November 2017, Trans Mountain communicated via email to the NEB's Operations Project Manager for TMEP that:

• after being partially removed by vandals, Trans Mountain contractors removed spawning deterrent mats from crossing BC-32 (Swift Creek) on 1 November 2017;
• vandals removed spawning deterrent mats from crossing BC-85 (Albreda River); and
• Trans Mountain contractors would remove spawning deterrent mats from crossings:
  • AB-153 (Rooster Creek) on 7 November 2017;
  • BC-38 (Camp Creek), BC-110 (Serpentine Creek) and BC-112 (Chappell Creek)  on 9 November 2017; and
  • BC-65a and BC-82a (both Albreda River) in the first week of December.

• "The initial plan for removing spawning deterrents involved the removal of deterrents from the Swift Creek site in early November, and the removal of all remaining deterrents in the first week of December (or prior to freeze-up)";
• "Trans Mountain has confirmed through site visits and previously documented timing of spawning within these three systems [BC-38, BC-110 and BC-112] that fishes are no longer actively spawning within each of these watercourses. This decision was made on November 1. Note, the previous intention was to remove all spawning deterrent mats around the same time, in line with the last mats to be removed (Albreda River BC-65a, and BC-85a). However, because of an earlier freeze-up than anticipated, and the threat of ongoing vandalism, the removal of mats that can be safely removed has been advanced."; and
• "Trans Mountain remains compliant with its previously provided methodology for the safe removal of spawning deterrents. No spawning mats are to be removed while fishes remain actively spawning within a given system."

• the contractor project manager / senior biologist inspected these sites in early November and confirmed that spawning was no longer occurring in these systems;
• they successfully removed spawning deterrent mats from AB-153 on 7 November; and
• they monitored the remaining Albreda River crossing locations (BC-65a and BC-82a) on  8 November, confirming that fish were continuing to spawn at BC-65a although none observed at BC-82a (see observation "BC-82a Albreda River" for more information).

• Sites were accessed via existing roads and vehicle access trails to the nearest available point to the crossings, and then by foot for the remainder.
• Spawning deterrent mats were constructed of lengths of orange snow fence laid on the bottom of the watercourses. Visibility of the mats was limited by ice, but where visible, IO observations confirmed that the fencing was laid flush on the watercourse substrate and anchored by large cobbles or small boulders (native substrate) placed on top of the fencing. Steel anchor pegs were not observed (Trans Mountain filings indicated these could be used as anchors in addition to native substrate; would not have been observable under conditions encountered in field; Trans Mountain contractors stated none present at these sites).

• On 27 November 2017, Trans Mountain's contractors monitored BC-38, BC-110 and BC-112 to check conditions following warmer weather since the 9 November 2017. The NEB gave permission to remove deterrents at these locations if feasible (as IOs had previously viewed these 3 crossings and were familiar with the environmental conditions, and travel to the site would have delayed the work). As all 3 locations were found to be ice free, mats were removed from BC-38 on 27 Nov 2017 and from BC-110 and BC-112 on 28 November 2017, and supporting documentation was provided to the IOs for verification.
• As of 27 November, Trans Mountain's contractors observed that Coho continued to spawn in the Albreda River at BC-65a and the river remained ice free, so mats were left in place pending completion of spawning activity (per ongoing monitoring).

Compliance tool used: No compliance tool used

Observation 2 - BC-38 Camp Creek

Date & time of visit: 2017-11-09 08:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

- "please do not disturb" signage, indicating the presence and purpose of installed spawning deterrents, was observed on both sides of creek and was installed in the path of an apparent ATV ford on the existing TMPU right of way (RoW)
- Trans Mountain contractor drawings showed that the mat at this location was a single width of fencing installed over shallow substrate adjacent to the north bank; the mat was not visible (from the south bank) through the ice covering the watercourse at the installed location
- watercourse was accessed from the south bank; in the vicinity of the mat, apparently thicker ice was present adjacent to both banks and thinner ice was present midchannel, and a mix of ice and open water was present upstream (Trans Mountain contractors estimated ice 0.2 m to 0.3 m thick in places); Trans Mountain contractors investigated upstream (on foot) but could not identify a safe location to cross to the north bank; an attempt was then made to access the watercourse from the north bank but the existing vehicle approach was blocked by fallen trees (given the apparent ice conditions at this location and observations at subsequent watercourse crossing locations, it is the IOs' opinion that it is unlikely that Trans Mountain contractors would have been successful in removing the mat, even if the north bank was accessed on foot all the way from the highway)

Update: Trans Mountain contractors monitored conditions and removed mat on 27 November 2017 (see "Spawning Deterrents - general"). Mat was rolled and removed by hand from the ice-free creek, the 2 signs were removed, and no rebar pins were used at this site.

Compliance tool used: No compliance tool used

Observation 3 - BC-110 Serpentine Creek

Date & time of visit: 2017-11-09 09:15

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

- "please do not disturb" signage not observed at this location; based on location and access, low risk of public inadvertently encountering and disturbing mats at this site; site is remote from existing TMPL RoW
- Trans Mountain contractor drawings and verbal description indicated that the mats at this location were an approximately 15 m long strip lengthwise in the channel with smaller (3-5 m strips) on either side of it
- upon arrival at this site, mats were fully covered by ice on the near (east) side of the watercourse and water was flowing in open channel closer to the opposite (west) bank
- Trans Mountain contractor entered watercourse on foot and used hand tools to chip away surficial ice and expose the west edge of the matting; mats largely frozen into anchor ice; Trans Mountain contractor tested removal of a small portion of the matting and came up in 3 small pieces encased in ice (3 pieces chipped out of encasing ice and removed from site; one small torn piece left in place firmly attached to anchored portion); Trans Mountain contractor measured water depth of 0.37 m to 0.49 m and ice thickness of 0.2 m to 0.25 m
- Trans Mountain contractor determined that full removal of mats not possible given current conditions, and partial removal of west edge not advisable due to safety concerns and potential to compromise anchoring of remaining matting through partial removal

Update: Trans Mountain contractors monitored conditions on 27 November 2017 and removed mats on 28 November 2017 (see "Spawning Deterrents - general"). Mats were rolled and removed by hand from the ice-free creek, anchoring substrate was deposited back into place as the mats were removed, and no rebar pins were used at this site.

Compliance tool used: No compliance tool used

Observation 4 - BC-112 Chappell Creek

Date & time of visit: 2017-11-09 10:30

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

- "please do not disturb" signage observed where existing TMPL RoW crosses creek
- Trans Mountain contractor drawings and verbal description indicated that the mats at this location were 5 small lengths (few metres) of matting placed adjacent to banks (2 on north side, 3 on south side); from observation points on north bank, 2 mats adjacent to south bank observed indistinctly through ice
- flowing water in creek appeared deep and fast with extensive surficial and anchor ice (and possible intermediate layers); Trans Mountain contractor determined creek unsafe to enter to attempt removal of mats

Update: Trans Mountain contractors monitored conditions on 27 November 2017 and removed 3 mats on 28 November 2017 (see "Spawning Deterrents - general"). Supporting documentation indicates that the 2 mats adjacent to the north bank had become dislodged and were removed on 2 Nov, and the remaining 3 mats (2 of which were visible on 9 Nov) were removed 28 Nov. No rebar pins were used at this site.

Compliance tool used: No compliance tool used

Observation 5 - BC-32 Swift Creek

Date & time of visit: 2017-11-09 11:45

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

- watercourse upstream (east) of existing TMPL RoW largely frozen over and visibility obscured by ice
- no spawning deterrent signage present and no remnants of orange fencing observed

Compliance tool used: No compliance tool used

Observation 6 - BC-82a Albreda River

Date & time of visit: 2017-11-09 12:30

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat
• Species of Concern

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

- "please do not disturb" signage observed where existing TMPL RoW and resource road / bridge crosses creek
- observed mats from the resource road bridge:

• main area of mats observed across majority of width of channel (except adjacent to west bank) for approximately 15 m long segment of river (per contractor drawing) upstream (north) of bridge
• additional mats observed adjacent to east bank upstream of bridge (extending approximately 5 m south of of main installation, per contractor drawing) and downstream of bridge (separate section approximately 12 m long, per contractor drawing)
• mats adjacent to east bank partially obscured by snow and ice, while those farther out in the river channel appeared ice-free

• show no fish or redds observed at BC-82a (contractors stated that the one observed juvenile salmonid was not recorded as focus is spawning adult fish)
• show that upstream at BC-65a, contractor monitored at least 150 m upstream of mats and 175 m downstream, and observed Coho salmon (44 total) and redds (7 separate areas) upstream, adjacent to and downstream of the deterrents

Compliance tool used: No compliance tool used

Observation 7 - Spawning Deterrents – changes to removal timing

Date & time of visit: 2017-11-09 13:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

Background / references:
 
Trans Mountain committed to location-specific approximate spawning deterrent removal timings in:
a) Trans Mountain’s 31 March 2017 Condition 43 filing, Appendices E-1 (A82369) and E-2 (A82390);
b) Trans Mountain’s 22 June 2017 response to condition compliance IR No 15 (A84547) response 15.1a Table 15.1-1; and
c) Trans Mountain’s 28 September 2017 response to the CV1718-332 NNC, item 3, section 3.4, Table 1.

Trans Mountain further specified:
d) in Trans Mountain’s 25 September 2017 response to the CV1718-332 NNC, item 2.4, that “The timing of removals is dependent on the specific species within each system. Typically, removal of deterrent mats will occur before freeze-up. However, some spawning deterrents have been proposed for both fall spawning species and spring spawning species within the same system, and are intended to remain in place across the winter and into the following spring. These sites were identified in Table 15.1-1 (see response to NEB Information Request No. 15.1 [Filing ID A84547]).”; and
e) in Trans Mountain’s 28 September 2017 response to the CV1718-332 NNC, item 3, section 3.5.2, that:
      i) “All matting material and associated J-hook pegs (if used) will be removed from the channel at the time deterrents are scheduled to be removed from each channel. Signage installed specifically for deterrent installations will also be removed from channel banks.” and
      ii) “Deterrent matting will not be removed while fish remain actively spawning within a system. Removal is to occur sufficiently after the respective spawning period of the target species within each system.”

The NEB’s compliance verification report CV1718-332, “closed” version dated 6 October 2017, stated that: “Going forward with regard to the already installed spawning deterrents … it is the IO’s view that there is potential for greater environmental harm should the company be required to remove the spawning deterrents while target fish remain actively spawning within the relevant systems. The IO is therefore satisfied that Trans Mountain should monitor, maintain and remove the previously installed spawning deterrents according to the measures and timing outlined in its Sept 25 and 28 NNC responses."

With regard to the TMEP watercourse crossings at which spawning deterrents were installed in BC:

• In references (a), (b) and (c) above, Trans Mountain committed to remove spawning deterrents “prior to freeze up (if feasible)”, “prior to freeze-up” and “prior to freeze-up 2017”, respectively.
• On 9 November 2017, spawning deterrents were observed to be frozen in at BC-32, BC-110 and BC-112 and could not feasibly be removed.
• On 9 November 2017, spawning deterrents were observed to be ice-covered at the east margin of the Albreda River at BC-82a, although spawning deterrents located mid-channel appeared ice-free. Following confirmation that all potential spawning fishes were absent from this reach of the Albreda River, Trans Mountain removed all mats from BC-82a "immediately prior to full freeze up" on 10 November 2017.
• Trans Mountain contractor monitoring records indicate that, as of 8 November 2017, Coho Salmon were still spawning in the Albreda River at BC-65a (approximately 8 km upstream of BC-82a). Trans Mountain communicated their intention to remove spawning deterrents in the first week of December, once fish are no longer actively spawning in this reach of the Albreda River.

• "Note, deterrent mat installations at Camp Creek (BC-38), Serpentine Creek (BC-110), and Chappell Creek (BC-112) were scheduled to be removed prior to freeze up, but were unable to be removed as a result of a much sooner than anticipated onset of freezing conditions. In 2016, all systems were deterrents were to be installed in 2017 had open water conditions into the first week of December. This was assumed to occur again in 2017."
• "Deterrent mat installations remaining at these three locations will now remain in place across the winter, with their removal in early spring, prior to any spring freshet flows. These deterrents are considered 'inert' and will remain covered in ice until early spring. They will not pose a threat to wildlife during this period. Spring conditions will be monitored closely to ensure removal of the deterrents occurs as soon as conditions allow."

Compliance tool used: No compliance tool used

Observation 8 - AB-153 Rooster Creek (supplementary information; not included in field inspection)

Date & time of visit: 2017-11-09 13:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Fish-bearing
• Destruction/Loss of Habitat

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

See observation "Spawning Deterrents – changes to removal timing" for references.
 
With regard to Rooster Creek, AB-153:

• In reference (b), Trans Mountain committed to “Install [spawning deterrents in] late summer prior to freeze-up; remove during winter construction or post-construction (before or after freshet)” and noted “construction may be completed prior to spring spawning period for RNTR”.
• In reference (c), Trans Mountain committed to “Remove [spawning deterrents] at time of winter construction (February/March, 2018) or before freshet.”
• In Trans Mountain’s 31 March 2017 Condition 43 filing, Appendix C, row for AB-153, Trans Mountain noted “use of spawning deterrents recommended for spring spawning species (RNTR [Rainbow Trout]) to minimize harm to incubating eggs or alevin outside the LRBW [Least Risk Biological Window]”.
• Trans Mountain’s 25 September 2017 response to the CV1718-332 NNC, item 2.1, Table 1, indicates that spawning deterrents were installed at AB-153 on 2 September 2017.
• This site was not visited within the scope of this inspection; however, information received in the course of the inspection indicated that spawning deterrents were removed from AB-153 on 7 November 2017.

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: