Compliance Verification Activity Report 1516-464 – NOVA Gas Transmission Ltd.

Type of Compliance Verification Activity: Field Inspection

Activity #: 1516-464
Activity start: 2016-02-09
Activity End: 2016-02-11

Related Activity Numbers: 1516-432, 1516-434, 1516-442

Inspection Officer Number(s): 2558

Incident #:  
Landowner Complaint File #:  

Company: NOVA Gas Transmission Ltd.

Facility Name(s): Liege Lateral Loop 2 (Thornbury Section) Pipeline

Province(s): Alberta

Theme(s): Environmental Protection

Compliance Tools Used:  Corrected in field (Corrected Non-Compliance) (3)
Information Request (2)

Purpose

This activity was undertaken to verify compliance with the following regulatory requirements.

 X  NEB Act

 X  Onshore Pipeline Regulations

 X  CSA Standard Z662 Oil and Gas Pipeline Systems

    Other

    Electricity Regulations

    Processing Plant Regulations

    Pipeline Crossing Regulations Part I

    Pipeline Crossing Regulations Part II

Regulatory Instrument

XG-N081-003-2015

Observations & Discussion

Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 HDD site, Entry (East) Side of House River Environmental Protection Yes
Observations

- The drill was not active at the time of inspection due to a broken part on the pump.

- All items that were listed as Emergency Response Equipment in the 'Horizontal Directional Drill - Execution Plan' were checked and confirmed to be in the spill kit that was located in the Environment Response Unit. NGTL confirmed a smilar Environment Response Unit was located on the West side of the House River.

- The spare equipment trailer contained spare tools and chemicals used for equipment maintenance. See Observation entitled 'HDD Site - Spare Equipment Trailer

- Observed field analysis of drilling waste sampled from bins or entry pit. Field sampling and analysis was being conducted to determine if chemical and physical parameters were acceptable for drilling waste disposal by landspreading and mix bury cover. See Observation entitled HDD Site - Sump

- Designated smoking area was marked/fenced.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 HDD site - Spare equipment trailer Environmental Protection No
Observations
In the spare equipment trailer, two 20 litre white pails containing coloured liquids did not contain lids.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 HDD site - Sump/drilling waste disposal area Environmental Protection Yes
Observations

- Two slurry pits (sumps) have been constructed. One pit is in use, the second pit has not yet been used.

- The pit containing HDD slurry is lined with an impermeable liner due to the sandy composition of the soil.

- Discussed that the planned drilling waste disposal methods are landspreading and mix-bury-cover techniques. Slurry will be spread in the approved disposal area, then mixed to a depth of 40-50 cm, with a maximum depth of 10 cm in one location (landspreading) and/or by mixing it with soil within the unlined slurry pit (mix-bury-covered).

- Landspreading area is currently bermed to contain liquids, given current warm temperatures.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 KP 32- Shoofly House River Environmental Protection Yes
Observations

- Access trail to allow vehicle crossing of House River.

- The warm weather on the day of inspection led to a muddy layer on the surface of the access road to the House River. Road conditions were slippery due to the surface layer of mud. See Observation entitled KP 32 Shoofly - House River Travel on Steep Slopes

- A water hose for water withdrawal was present on the House River. The end of the hose had an adequate fish screen (less than 2.54 mm openings).

- A water pump hose with damaged fish screen near the mobile light stand was discussed and was confirmed to be out of service. The damaged fish screen was removed to avoid the accidental use of the torn screen.

- Met with consultant conducting water quality monitoring at the House River during the HDD. Consultant discussed that there are currently two dataloggers installed in the house river (one upstream, one downstream of the drill path). Grab samples are being taken approximately three times per day. Total suspended solids (TSS) are being analyzed in the field for those grab samples.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 KP 32- Shoofly House River - Mobile light stand Environmental Protection No
Observations

- A light stand was placed next to the House River. The light stand unit contained secondary containment.

- The light post did not contain a grounding rod.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-09 KP 32- House River Travel on Steep Slopes Environmental Protection No
Observations

- While visiting the House River, 4 pick up trucks were observed descending to the House River from the West side.

- The first pick up truck descended slowly down the access road with no obvious signs of losing traction.

- The second pick up truck slid sideways while descending down the access road.

- The third pick up truck descended slowly down the access road with no obvious signs of losing traction.

- The fourth pick up truck was winched down the hill by a bulldozer in a controlled manner.

- The three pick up trucks that descended, while on site, remained at the House River to wait for a tow up the East side access road.

- NGTL provided copies of documentation related to work and travel on the steep slopes and related documentation:

- A Field Level Hazard Assessment (FLHA) was completed on 9 February 2016, the day of inspection. The FLHA identified wet, muddy slippery conditions as a hazard for towing up steep inclines.

- A Steep Slope Daily Checklist was completed at 7:00 AM. All boxes were checked “yes” including:
- Have weather conditions or traffic adversely affected the slope? – “yes”
- Have weather conditions for the day been checked? – “yes”
- Does the slope need to be scarified? - “yes”

- Note on the checklist states “Check for icy snow covered areas”

- No additional checklist (e.g. following changes to ground conditions) was provided. No mention of warm weather related changes to ground conditions was noted.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 Borrow Pit Environmental Protection Yes
Observations

- Inspected site for which NGTL has Temporary Diversion License for project.

- A hydrovac truck was waiting at the site for the correct size of fish screen to become available. It is TCPL policy that all water withdrawal activities will use a fish screen on hose intakes for consistency purposes.

- The Daily Vehicle Inspection documentation of the hydrovan truck was reviewed. The inspection checklist was complete.

- Confirmed that vac truck has a a Water Draw Quantity Log within it. Discussed that the Water Draw Quantity logs are completed and submitted daily. The Log had no entries for today as no withdrawals had occurred yet as the operator was waiting on the fish screen.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 Borrow Pit - Mobile light stand Environmental Protection No
Observations

- A light stand was present at the Borrow Pit, which was adjacent to a large construction yard not under the jurisdiction of TCPL.

- The light post contained secondary containment and a grounding rod.

- Garbage in the form of a pop can and containers were located within the secondary containment structure and next to the light stand.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 3 - exit side of Hwy 63 HDD Environmental Protection Yes
Observations

- The RoW was cleared using minimum disturbance techniques at this location.

- The trench had been backfilled with further machine clean up to take place.

- Signage noting "Caribou Area" was in place

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 6.5 - Watercourse Crossing #1 Environmental Protection Yes
Observations

- A snow bridge was constructed across the watercourse.

- Silt fencing was placed on the edges of the snow bridge over the water course to prevent snow and dirt from the bridge entering the watercourse.

- Reclamation activity at this water course consisted of two tiers of subsoil covered with biodegradable soft wrap and willow cuttings planted between layers of the soft wrap.

- Woody fibre netting was placed on the stream bank as an erosion control measure.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 7.6 - Watercourse Crossing #3 Environmental Protection Yes
Observations

- This was an active work site at the time of inspection.

- A layer of geotextile, approximately 150 m in length, was placed on the ground in the wetland, parallel to the ditch line. The ditch material was stored on this piece of geotextile to avoid additional traffic in the wetland having to transport soil away from the frozen wetland.

- The topsoil was hauled away from the wetland, stockpiled, then replaced.

- The ditch was backfilled at this site and the geotextile will be removed once work activity is complete.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 8.6 Environmental Protection Yes
Observations

- This is a straight stretch of RoW, located in an upland area.

- This section of the RoW is not located within caribou range; however, due to terrain characteristics NGTL stated it is a potential location for caribou habitat restoration such as mounding and planting.

- NGTL indicated that caribou had been sighted at this location.

- NGTL indicated that it plans to implement caribou habitat restoration measures at this location.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 14.1 - Watercourse Crossing 4A Environmental Protection Yes
Observations

- A cave in of the trench bank occurred in this location. The water that had accumulated in the ditch was being pumped out of the ditch and discharged behind the ditch.

- Discharge was occurring through a filter bag on the end of the pump within a well-vegetated area per EPP commitments.

- Reclamation measures were commencing at the watercourse crossing. Subsoil was being wrapped in multiple tiers.

- For backhoe ID NC 105, confirmed equipment checklist was completed (no leaks or deficiencies were noted) and spill kit was available in the backhoe.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 14.6 - Watercourse Crossing #4 Environmental Protection Yes
Observations

- Reclamation measures have been completed at this watercourse crossing, for the winter season.

- Two tiers of subsoil were wrapped with biodegradable geotextile and willow cuttings placed between layers. The wrapping is staked into the ground for each tier.

- Two channels flow into this creek. The creek is also fed by an underground spring.

- Topography was kept consistent with pre-construction contours.

- Wood fibre netting placed on banks for additional sediment control and staked with wooden stakes.

- Seeding of banks was completed prior to laying down the wood fibre netting.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 22 - Watercourse Crossing #6, Drop-off Creek Environmental Protection Yes
Observations

- The vehicle crossing at Drop-off Creek was being re-built following the deterioration of the integrity of the snow bridge due to warm weather conditions.

- New snow was being hauled in to re-build the bridge.

- Watercourse crossing at this location is expected to be an isolation.

- NGTL discussed that this creek was a former water source with a temporary diversion license (TDL). Observed a tube on site for documentation regarding the TDL.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 25 Environmental Protection Yes
Observations

- NGTL stated stated that this section of the RoW, approximately 400-500 m in length, is a candidate for reclamation enhanced by the creation of microclimates through the spreading of woody debris across the RoW.

- NGTL stated woody debris would be spread in approximately 50 m long sections, across the width of the RoW and planting would occur following the spreading of woody debris.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 KP 29 + 64 Environmental Protection Yes
Observations

- The rare lichens located at KP 29.5 and 29.63 were removed from the RoW and attached to branches of a black spruce just outside of the RoW to the NE. The transplanted lichens were marked with flagging tape for monitoring.

- Observed stripped duff material stockpiled separately and marked. This material was from an area within 10 m of where rare plants were identified previously. This mitigation was implemented in accordance with the EPP. During clean-up, this material will be replaced on the RoW from where it was removed.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 HDD site Environmental Protection Yes
Observations

The HDD site was re-visited.

- All containers within the extra equipment trailer were covered with lids.

- The Daily Vehicle Inspection documentation of a hydrovac site was reviewed. The inspection checklist was complete.

Does this observation specifically reference the Canada Labour Code or its regulations? No

- The corrective action from CVA 1516-432 for the NNC involving food waste on the RoW stated that an orientation slide, containing messaging on the relationship between food habituation and wildlife was provided to the contractor for incorporation into the safety and environmental orientation delivered to all on-site workers.

- This slide was not part of the orientation on 9 February 2016, although garbage and housekeeping requirements were discussed during the orientation.

- The IO confirmed that the additional slide had been added to the orientation on 10 February 2016.

Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-02-10 Liege Lateral Safety and Environmental Orientation Environmental Protection No
Observations

- The corrective action from CVA 1516-432 for the NNC involving food waste on the RoW stated that an orientation slide, containing messaging on the relationship between food habituation and wildlife was provided to the contractor for incorporation into the safety and environmental orientation delivered to all on-site workers.

- This slide was not part of the orientation on 9 February 2016, although garbage and housekeeping requirements were discussed during the orientation.

- The IO confirmed that the additional slide had been added to the orientation on 10 February 2016.

Does this observation specifically reference the Canada Labour Code or its regulations? No

Compliance Summary

Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Corrected in field (Corrected Non-Compliance) 10/02/2016
Date/Time visited Location
2016-02-09 02:30 PM HDD site - Spare equipment trailer
Observations
In the spare equipment trailer, two 20 litre white pails containing coloured liquids did not contain lids.
Regulatory Requirements

Order XG-N081-003-2015 , Condition 3 states "NGTL shall implement or cause to be implemented all of the policies, practices, programs, mitigation measures, recommendations, procedures, and its commitments for the protection of the environment included in, or referred to in its application or in its related submissions".

The Environmental Protection Plan, Appendix F, Chemical and Waste Management Plan, Waste and Chemical Storage Item 10 states “Containers and tanks will be closed when not in use”.

Corrective Action or Request Required
Place lids on all containers.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Corrected in field (Corrected Non-Compliance) 12/02/2016
Date/Time visited Location
2016-02-09 03:50 PM KP 32- Shoofly House River - Mobile light stand
Observations

- A light stand was placed next to the House River. The light stand unit contained secondary containment.

- The light post did not contain a grounding rod.

Regulatory Requirements

Section 47 of the OPR states: "A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.”

TransCanada Pipelines Preliminary Site Specific Safety and Security Plan" Section 6, Electric Safety Best Practices states "All circuits, equipment, or conductor enclosures are grounded in accordance with the electrical code and manufacturers recommendations. Grounds shall be confirmed as part of the inspection process."

Corrective Action or Request Required
Install grounding rod on light post located at House River.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Information Request 10/03/2016
Date/Time visited Location
2016-02-09 03:50 PM KP 32- House River Travel on Steep Slopes
Observations

- While visiting the House River, 4 pick up trucks were observed descending to the House River from the West side.

- The first pick up truck descended slowly down the access road with no obvious signs of losing traction.

- The second pick up truck slid sideways while descending down the access road.

- The third pick up truck descended slowly down the access road with no obvious signs of losing traction.

- The fourth pick up truck was winched down the hill by a bulldozer in a controlled manner.

- The three pick up trucks that descended, while on site, remained at the House River to wait for a tow up the East side access road.

- NGTL provided copies of documentation related to work and travel on the steep slopes and related documentation:

- A Field Level Hazard Assessment (FLHA) was completed on 9 February 2016, the day of inspection. The FLHA identified wet, muddy slippery conditions as a hazard for towing up steep inclines.

- A Steep Slope Daily Checklist was completed at 7:00 AM. All boxes were checked “yes” including:
- Have weather conditions or traffic adversely affected the slope? - “yes”
- Have weather conditions for the day been checked? - “yes”
- Does the slope need to be scarified? - “yes”

- Note on the checklist states “Check for icy snow covered areas”

- No additional checklist (e.g. following changes to ground conditions) was provided. No mention of warm weather related changes to ground conditions was noted.

Regulatory Requirements

Section 47 of the OPR states: "A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.”

The Contractor for the project developed the Steep Slopes Safety Plan was specifically for travel up and down the steep slope located at KP 32. The Steep Slope Safety Plan includes the following requirements applicable to pickup truck travel on the steep slope:

- "Pickup trucks or light vehicles (such as UTV’s) will not be required to be towed/winched unless it is warranted due to poor weather or icy conditions”
- "While driving down the hill, tire chains and a steering chain will be used for increased braking ability if the conditions warrant it.”
- "Pickup Trucks are listed as Equipment on the Job Safety Analysis (JSA) form for Working on Steep Slopes.
- "Workers must constantly monitor the weather conditions and adjust work operations to reflect poor weather conditions.”

- Steep Slope Daily Checklist “This form will be utilized once per shift unless weather or ground condition changes occur. In the event of changes to conditions, a second dates sheet will be completed”

Corrective Action or Request Required

NGTL to provide the following information to the Inspection Officer via email:

1) the Steep Slopes Safety Plan states

"Light trucks and ATV/UTVs will be required to follow the following procedure: […]

- Pickup trucks or light vehicles (such as UTV’s) will not be required to be towed/winched unless it is warranted due to poor weather or icy conditions
- While driving down the hill, tire chains and a steering chain will be used for increased braking ability if the conditions warrant it.
- Pickup Trucks are listed as Equipment on the Job Safety Analysis (JSA) form for Working on Steep Slopes.
- Workers must constantly monitor the weather conditions and adjust work operations to reflect poor weather conditions.”

a) Please describe how NGTL or the contractor determines if the mitigation measures listed above such as winching are to be implemented. E.g. what criteria are used to assess “poor weather” or “if the conditions warrant”.
b) Please describe how, in addition to slippery conditions resulting from ice, slippery conditions resulting from warm weather are included/addressed in the
Steep Slopes Safety Plan.

2)
a) How are all crews informed of the hazards associated with and the requirements of travelling on the steep slope? How are crews and drivers made aware of
the Steep Slopes Safety Plan
b) Describe how the information, including mitigation measures listed on the FLHA completed by the Top of Hill Towing crew is communicated to all other crews
travelling on the road on a per trip or per day basis.
c) Demonstrate whether the steep slope is marked with appropriate signage.

Does this observation specifically reference the Canada Labour Code or its regulations? No
Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Corrected in field (Corrected Non-Compliance) 11/02/2016
Date/Time visited Location
2016-02-10 10:00 AM Borrow Pit - Mobile light stand
Observations

- A light stand was present at the Borrow Pit, which was adjacent to a large construction yard not under the jurisdiction of TCPL.

- The light post contained secondary containment and a grounding rod.

- Garbage in the form of a pop can and containers were located within the secondary containment structure and next to the light stand.

Regulatory Requirements

Order XG-N081-003-2015, Condition 3 states "NGTL shall implement or cause to be implemented all of the policies, practices, programs, mitigation measures, recommendations, procedures, and its commitments for the protection of the environment included in, or referred to in its application or in its related submissions".

The Environmental Protection Plan, Page 21 states ‘The Contractor will collect all construction debris and other waste material, and dispose of daily at an approved facility and in accordance with the Waste Management Plan as well as the Spill Contingency Plan unless otherwise authorized by the Environmental Inspector(s).

Corrective Action or Request Required
Pick up garbage under, and surrounding, the light post at the borrow pit.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Information Request 10/03/2016
Date/Time visited Location
2016-02-09 11:21 AM Liege Lateral Safety and Environmental Orientation
Observations

- The corrective action from CVA 1516-432 for the NNC involving food waste on the RoW stated that an orientation slide, containing messaging on the relationship between food habituation and wildlife was provided to the contractor for incorporation into the safety and environmental orientation delivered to all on-site workers.

- This slide was not part of the orientation on 9 February 2016, although garbage and housekeeping requirements were discussed during the orientation.

- The IO confirmed that the additional slide had been added to the orientation on 10 February 2016.

Regulatory Requirements

Condition 3 of Order XG-N081-003-2015 states "NGTL shall implement or cause to be implemented all of the policies, practices, programs, mitigation measures, recommendations, procedures and its commitments for the protection of the environment included in or referred to in its application or in its related submissions."

The EPP, Section 4 Environmental Compliance, Specific Measures, Project Training and Orientation, Page 10 states " Develop and implement and environmental orientation program to ensure that all personnel working on the construction of the Project are informed of the environmental requirements and sensitivities."

Corrective Action or Request Required

NGTL to provide the following information to the Inspection Officer via email:

- Describe the process by which NGTL verifies the information being provided to workers in the site specific safety and environmental orientations is accurate and up to date throughout a project.

Does this observation specifically reference the Canada Labour Code or its regulations? No

This notice reflects the observations of non-compliance with regulatory requirements or company commitments, made by the inspection officer during the compliance verification activity. If the corrective actions identified are implemented by the completion date, the matter is considered resolved. Any unresolved compliance matters will be addressed by the inspection officer and may be referred to NEB enforcement staff.

517 Tenth Avenue SW Calgary, Alberta  T2R 0A8
Telephone: 403-292-4800   Toll Free: 1-800-899-1265

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