Compliance verification activity type: Field Inspection
Team:
Regulated company: Emera Brunswick Pipeline Company Ltd.
Operating company: Emera Brunswick Pipeline Comapny Ltd.
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Rationale and scope:
Inspection of the implementation of Emera Brunswick's Watercourse Erosion Management Plan. Environmental field inspection focused on follow-up to access management issues on the Emera Brunswick Pipeline. In CVA 1516-028, Inspectors observed access management concerns and issued a Notice of Non-Compliance and Information Request. As result of the NNC Emera identified 15 water course crossings in Brunswick Pipeline Watercourse Erosion Management Plan identified for follow-up work due to erosion risk from third party access. This inspection verifies the commitments made in the Watercourse Erosion Management Plan.
Compliance tool(s) used:
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Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
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Observation 1 - General Observations
Date & time of visit: 2018-08-21 09:00
Discipline: Environmental Protection
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Facility:
Observations:
The first morning of the inspection, a safe work permit was completed by the company, and signed by both Emera Representatives and an NEB Officer. Each morning, a pre-job safety assessment was led by Emera Representatives to discuss potential hazards and appropriate mitigations for the day. This inspection focused on fifteen watercourse (WC) crossings identified for follow-up in the Brunswick Pipeline Watercourse Erosion Management Plan – April 29, 2016 (2016 Report). Officers and Emera Representatives traveled to fourteen[1] of the fifteen WC crossings during the inspection. Officers also reviewed the 2018 Brunswick Pipeline Erosion Survey – Results and Recommendations – 29 June 2018 (2018 Report) with respect to the fifteen crossings. The focus of these two Reports was on risk factors for erosion and potential sedimentation of sensitive receptors (the watercourses). Observations specific to each of location are documented under separate headings in this report.Officers reviewed several examples of completed Brunswick Pipeline Watercourse Crossing Re-Assessment Field Forms for 2017 and 2018. These documents supported discussions in the field that Emera Representatives have continued to monitor these watercourses for signs of erosion, bank stability, vegetation cover, recreational vehicle usage and more. If issues, changes or risks were identified, Emera Representatives indicated that a site would be added to the Environmental Issues List for follow-up. Officers discussed with Company Representatives regarding timing of implementation when issues arise or mitigations are needed. Company Representatives indicated that the management plan for these watercourses requires consultation with a qualified professional is the assessed erosion level is greater than a defined threshold (level II or level III).NEB IOs reviewed the Company’s New Brunswick Permit for Watercourse and Wetland (WAWA) permit, which includes permissions to upgrading or installing erosion and sediment control measures and more. The permit remains valid through September 2025. The Officers did not note any issues or concerns with the WAWA permit. During the Inspection, Emera Representatives discussed plans to re-evaluate the 2016 list of fifteen WC crossings with respect to risk of erosion and/or sedimentation using the field data from the last two years. New watercourses not currently on the list will be added to the list, if risk factors were noted during monitoring/inspections. Concurrently, Emera Representatives also indicated that during these activities, certain watercourses may be removed from the list if the crossing has been stable for some time. Such areas will still be observed, for example as part of Emera’s weekly flyovers and annual leak detection surveys. The NEB Officers note that this approach seemed reasonable and appropriate.Officers observed the right-of-way (RoW) to be generally free from garbage. During the inspection, Emera Representatives collected and removed any pieces of garbage encountered during the inspection.
Compliance tool used: No compliance tool used
Observation 2 - WC 921
Date & time of visit: 2018-08-21 09:47
The Lepreau River, the main WC crossing at this site, is stable and appeared low risk of erosion. The area of interest at this site is a secondary channel to the Lepreau River. Cobbles were added to the crossing at this location in order to increase stability. Vegetation on both banks appeared to be established and with good coverage. The channel was void of water at the time of the inspection, although the channel would be a preferential pathway for rainwater or spring freshet waters. Visual evidence suggestions that the added cobble appear to have successfully mitigated this location and that further work is not warranted at this time.
Observation 3 - WC924
Date & time of visit: 2018-08-21 11:29
The crossing, which was dry at the time of the inspection, was reinforced with rip rap. Vegetation appeared healthy and diverse, including small trees and shrubs. The vegetation in the nearby temporary workspace associated with this crossing appears to have reestablished well since construction.
Observation 4 - WC926
Date & time of visit: 2018-08-21 12:47
Access management measures are in place at this site in the form of large boulders that deter entry of trucks and/or vehicles from the road, effectively restricting access to All Terrain Vehicles (ATVs). Large boulder were observed further down the RoW from this site, which, restricted access from the opposite direction as well.Emera Representatives indicated that maintenance work to re-build berms in this area was completed in the recent past. At the time of the inspection, this site had healthy vegetation, including wetland species in areas. Evidence of third-party access (minor ruts from ATV tracks) were observed, but the area was undamaged in general. Emera Representatives indicated that this area is monitored weekly to look for erosion risks or impacts from third-parties.
Observation 5 - WC73
Date & time of visit: 2018-08-21 14:48
Medium-sized to large cobbles reinforce the crossing at this fish-bearing watercourse. The area has good vegetation cover, with diverse species. The 2016 and 2018 Reports did not recommend mitigations be implemented at this location. Officers concur that no work is warranted at this time – the crossing at this location looks very stable.
Observation 6 - WC928
Date & time of visit: 2018-08-21 15:10
WC crossing 928 was observed to be reinforced with small to medium-sized cobbles on the banks. The watercourse is large enough to be fish-bearing, with flowing water at the time of the inspection. Healthy and diverse vegetation including woody species, overhang the banks of the watercourse. Officers did not observe signs of erosion or sedimentation at the time of the inspection.The 2018 Report indicated that additional mitigations were recommended on the secondary channel at this site, however Officers note this may be a location error in the Report. The 2018 Report recommends the addition of additional rip rap material at a secondary crossing adjacent to the main ford. This area could not be located, the description appears consistent with WC927. Emera Representatives indicated that annual monitoring is planned for this site, which Officers support as appropriate.
Observation 7 - WC927
Date & time of visit: 2018-08-21 15:44
Emera Representatives indicated that the area was formerly impacted by ATV traffic, but has recovered well. Officers noted that at the time of the inspection, both the secondary drainage area and the primary WC crossing appeared stable. Officers understand that the company is considering additional measures to control access to the site in order to route any ATV traffic to the primary crossing location. Officers noted that the company’s management of this site appears to be appropriate, and consistent with the recommendations in the 2018 Report. Officers reviewed the Environmental Issues Report Form for WC927, dated May 18, 2018. Officers did not note concerns with the documentation.
Observation 8 - Unnamed Drainage (UN) 3
Date & time of visit: 2018-08-22 09:45
Emera Representatives indicated that UN3 was armored with rip rap in 2016. In addition, berms were reinforced in 2018 as part of a project of berm improvements over 4 kms of the RoW. UN3 was void of water at the time of the inspection, however Officers note that it would be a preferential pathway for drainage during rainfall events or a spring freshet. Emera Representatives indicated that the future plan for this site is to continue to monitor for signs of instability, especially following heavy rainfall. Officers note that the plans to monitor appears appropriate.
Observation 9 - UN21
Date & time of visit: 2018-08-22 10:59
This drainage was void of water at the time of the inspection. Medium-sized to large cobbles were in place to reinforce the bank slopes. Berms were also in place on the slopes leading to UN21. Emera Representatives indicated that in 2017, cobbles were added to the area and berms repaired, noting this is a high-use area for third-party traffic. Access management measures (fences) are in place at this location, however at the time of the inspection, each of the two gates were open and unlocked. Emera Representatives indicated that this site is on private land, and that plans are in place to contact the landowner to discuss shutting and locking the gates. Officers agree that this approach is appropriate based on the information available at the time of the inspection.Officers reviewed the May 14, 2018 Environmental Issues Report form focused on UN21 (and UN22), noting no concerns.
Observation 10 - UN22
Date & time of visit: 2018-08-22 11:09
Visual evidence suggests that ATV travel down a short, steep slope down from the roadway and through the drainage is occurring. Rutting was observed, and cobbles had deposited at the bottom of the slope at the end of the drainage area, likely due to ATV traffic. Officers note that mitigation measures are warranted at this location. Emera Representatives indicated that work is scheduled for 10 September 2018, and that a Notification of Operations and Maintenance work has already been filed with the NEB. Staff confirmed that the Notification (OM2018-345) has been received. Officers reviewed the May 14, 2018 Environmental Issues Report form focused on UN22 (and UN21), noting no concerns.
Observation 11 - WC109
Date & time of visit: 2018-08-22 13:37
Dennis Stream is a fish-bearing stream with stable banks and abundant, overhanging vegetation. Officers had no concerns with the primary ford area for this watercourse. Mild damage in the form of a secondary ATV trail was observed adjacent to the main crossing. Emera Representatives indicated that upon the recent discovery of the secondary crossing, primary discussions were held with the landowner. The landowner indicates that s/he is using this secondary area due to the steepness of the main crossing. Officers understand that this initial meeting is a first step towards a solution to encourage any traffic to use the primary crossing and therefor prevent erosion and/or sedimentation of the watercourse. Officers note that the company’s approach to managing this area appears reasonable.Officers reviewed the Environmental Issues Report Form dated July 4, 2018 focused on this location, with no concerns noted.
Observation 12 - UN101
Date & time of visit: 2018-08-22 14:31
At the time of the inspection, Officers noted that this location was stable, with no visible signs of erosion. Vegetation was abundant and healthy in this area. The 2018 Report indicated and Emera Representatives indicated that no work or mitigations are currently planned at this location, which Officers agree is appropriate.
Observation 13 - UN27
Date & time of visit: 2018-08-22 14:40
Rip rap is reinforcing the banks of the WC crossing at this location, which appears very stable. No signs or erosion risks were noted at this location. Vegetation cover is good, with a mix of terrestrial and wetland species, including small trees and shrubs.
Observation 14 - WC 104
Date & time of visit: 2018-08-23 10:03
Rocky steep slopes bookend this watercourse on either side. Berms are in place as erosion control on both banks. Vegetation including small trees are well established, where possible given the steep slope and rocky ground. Emera Representatives indicated that they continue to monitor this site, with no plans for the installation of additional mitigations at this time. Officers are of the opinion that this approach is reasonable and appropriate for the conditions at site during the time of the inspection.
Observation 15 - Fish Ladder near St. George, NB
Date & time of visit: 2018-08-23 12:10
This site is not one of the fifteen WC crossings that were the primary focus of the inspection, however Officers looked at the site while in the vicinity, and as a learning opportunity. The site consists of a series of pools of water that would allow migratory fish to travel upstream to nearby Digdeguash Lake. This off-RoW project was sponsored by Emera as part of a fish habitat compensation program. Officers had no concerns with this area.
Observation 16 - Lorneville (~KP 31)
Date & time of visit: 2018-08-23 14:28
Officers viewed access management measures in place at this site, which included large boulders and a locked gate to deter ATV traffic and the dumping of garbage on the RoW. Emera Representatives indicated that third-party garbage had been identified and removed from the RoW from this area several times, so the measures were installed. At the time of the inspection, it appeared that the access management measures were both effective and warranted.
Observation 17 - KP 35
Date & time of visit: 2018-08-23 14:53
Officers viewed this site as it included a long stretch of wetlands, inspected as an example of wetland recovery along the RoW. Wetlands in this area had healthy, well-established vegetation with good cover and diverse species. A small stream with stable banks was also observed. This area is likely used by ATV traffic, however no rutting or other impacts to the RoW were observed at the time of the inspection.
Observation 18 - WC76
Date & time of visit: 2018-08-21 16:24
A large amount of cobble was observed on the slope leading down to this fish-bearing stream. Cobbles also line each bank of the crossing, as well as the stream substrate, aiding the stability of this crossing. Emera Representatives indicated that this mitigation measure was installed in 2017. Together with berms, the cobble reinforces the slope, which appears stable with no signs of erosion observed at Red Rock Stream (WC76) at the time of the inspection.
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
