INSPECTION RECORD. Inspection Report Status: Trigger: Planned EAO Inspector(s): Chris Parks, Senior Compliance and Enforcement Officer (C&E Parks)

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1 Project Name: Site C Clean Energy Project Inspection Report Status: FINAL Certificate #: E14-02 Inspection No: Certificate Status: Certified Inspection Date: to Region: Peace Office: Victoria Trigger: Planned EAO Inspector(s): Chris Parks, Senior Compliance and Enforcement Officer (C&E Parks) Sector: Energy Location: 56 11'37.72"N, '26.66"W Location Description: The Site C Project is an up-to 1100 megawatt hydroelectric facility located approximately 7 km southwest of Fort St. John BC. The Project includes an approximately 77km transmission line consisting of two 500kV lines connecting the Project to the existing Peace Canyon Substation. The coordinates provided are for the Site C dam location. Incidents of Non- Yes Compliance Observed Inspection Summary: C&E Parks Inspected the Site C Clean Energy Project (Project) on the following dates: November 28-December 2, 2016 January 12-13, 2017 March 14-17, 2017 April 23, 24 and 26, 2017 C&E Parks completed a verbal debrief of inspection observations with BC Hydro representatives after each inspection noted above. BC Hydro was provided an opportunity to respond to this inspection record, and provided C&E Parks a written response on May 25, 2017 (Appendix F). That response was reviewed and the information provided considered prior to finalizing this record. After review of observations and information obtained during the inspections, and BC Hydro s response to the record, the following final compliance determinations have been made: 1. BC Hydro is noncompliant with EAC conditions 2 and 69, with respect to erosion and sediment control and the Orders to Remedy issued April 7, 2016 and March 3, 2017 (Appendix A). 2. BC Hydro is noncompliant with EAC conditions 4, 13, and 69 with respect to the requirement to maintain a machine free zone and retain non merchantable 1

2 riparian vegetation within 15m of watercourses while clearing the reservoir basin. 3. As of April 20, 2017, BC Hydro is compliant with EAC Condition 9, with respect to the requirement to develop and implement a rare plant translocation program during construction. 4. BC Hydro is noncompliant with EAC Condition 18, with respect to the requirement to store anthropogenic food sources that could act as wildlife attractants in verified bear-proof containers. 5. BC Hydro is compliant with EAC Condition 69, with respect to the requirement to ensure equipment working in-stream is utilizing non-toxic and biodegradable hydraulic fluid. Certificate or Act: Activity: Response: Please see the individual findings, Actions Required by Certificate Holder and Additional Comments, and Regulatory Considerations sections for additional information regarding these determinations. Environmental Assessment Certificate #E14-02 On Site EAC Noncompliance noted in this record will be addressed at the Warning level. Certificate Holder s Name: Certificate Holder s Contact(s): In Attendance: BC Hydro Greg SCARBOROUGH, Manager, Site C Environmental Compliance, Mitigation and Monitoring CERTIFICATE HOLDER REPRESENTATIVES Greg SCARBOROUGH, BC Hydro (March and April 2017 inspections) Matt BARNETTE, BC Hydro (December and January, 2017 inspections) Tracy Earle, BC Hydro (December and January, 2017 inspections) Steve ABBEY, BC Hydro (March and April, 2017 Inspections) Wade KENNEDY, Assistant Environmental Manager, Peace River Hydro Partners (PRHP) (all inspections on PHRP contractor areas) Matt Husband, PRHP, (December 2016 and January 2017 Inspections) INDEPENDENT ENVIRONMENTAL MONITOR Lori CARTER, Environmental Dynamics Ltd. (EDI) (December 2016 Inspection) Yonase GULBOT, EDI (March 2017 inspection) REGULATORY Autumn COUSINS, BC Environmental Assessment Offices Compliance and Enforcement 2

3 (January 2017 inspection) Michel VITOU, Canadian Environmental Assessment Agency (CEAA) (April 2017 inspection) Nicolas COURVILLE, CEAA (December 2016 and April 2017 inspections John COLES, Forests, Lands, and Natural Resource Operations Compliance and Enforcement (FLNRO C&E) (December 2016, January and March 2017 inspections) Shayla FRECHETTE, FLNRO C&E, (December 2016, January and March 2017 inspections) Mailing Address: BC Hydro Four Bentall Centre Dunsmuir Street Vancouver, B.C. V7X 1V5 Phone No: Fax No: Contact INSPECTION DETAILS Phase: Requirement Description: Findings: Construction Conditions 2 and 69, Erosion Control and Sediment Transport. Erosion and sediment control measures are required to be implemented during construction in accordance with DFO s Land Development Guidelines for the Protection of Aquatic Habitat and MoE s Standards and Best Practices for Instream Works to prevent the erosion of soils and the entry of sediment into watercourses. Spoil piles are required to be covered or vegetated. Runoff is required to be directed away from construction areas where excavation, spoil placement, and staging activities occur. See appendices B (Table of Conditions) and C (Construction Environmental Management Plan (CEMP)) for detailed requirements. C&E Parks noted noncompliance with conditions 2 and 69 on the north and south bank construction areas and in the L3 Ravine during the December 2016 and January, March, and April 2017 inspection events documented in this inspection record. See photos 1 through 8 for examples. In addition, IEM Reports up to and including the April 16-22, 2016 report identify ongoing noncompliance with water management, erosion control, and sediment control requirements (Appendix D). On April 24, 2017 C&E Parks noted that an excavator had recently entered the flood plain and an active side channel of the Moberly River, introducing sediment to the flowing watercourse (Photo 9). This work had not yet received its required Leave To Commence 3

4 Construction under the Water Sustainability Act. KENNEDY stated that this activity was a component of the installation of the Moberly River Debris Boom, and that construction staff halted this work when the mistake was identified. C&E Parks referred this occurrence to the Deputy Comptroller of Water Rights on April 26, In response to ongoing noncompliance with these requirements C&E Parks issued an Order to remedy under section 34 of the Environmental Assessment Act (Appendix A) on March 3, Note also that a previous Order specific to water management, erosion control, and sediment control requirements was issued on April 7, 2016 (see also Appendix A). All inspections since the April 7, 2016 Order and the March 3, 2017 Order have noted noncompliance with the orders. While there continues to be non-compliance, during the April 23, 24, and 26 inspection, C&E Parks noted that BC Hydro and its contractors were responsive in implementing or partially implementing erosion and sediment control measures in areas of concern as these were identified. C&E Parks considered the information presented in BC Hydro s May 15, 2017 response (Appendix F) to this Inspection Record. The information provided regarding BC Hydro and their contractors response to noncompliance noted during the inspections is noted. Please see Regulatory Considerations section for additional information. Photo 1: Sediment fence incorrectly and ineffectively installed, November

5 Photo 2: Unaddressed gulley erosion, L3 Ravine, January Photo 3: Confluence of L3 and Peace noting sediment staining indicating previous discharge. 5

6 Photo 4: Active discharge from River Road and Howe Pit to Peace River. Sediment plume from L3 visible entering from photo right (upstream). Photo 5: Sediment fence ineffectively installed River Road remediation works, April This fence represents the only mitigation in place to prevent discharge from this location to the Peace River. 6

7 Photo 6: evidence of previous sediment discharge to Peace River from River Road remediation works below sediment fence noted in Photo 5. Photo 7: April Erosion control measures installed not in accordance with BMP documentation attached to April 2016 Order under the EA Act. To be functional and not increase erosion straw roles should be installed horizontally. Note also ineffective surface control installed in mid-photo. 7

8 Photo 8: Ineffective check dam and flocculent sock meant to address previously noted discharge of sediment laden water to peace River, River Road ditch line April Photo 9: Excavator track on Moberly floodplain and bank. Note sediment deposited in Moberly side channel. This work occurred in advance of required Leave to Commence Construction under the Water Sustainability Act. 8

9 Compliance: Out November 28 to December 2, 2016 Out January 12-13, 2017 Out March 14-17, 2017 Out April 23, 24, 26, 2017 Types of Compliance: Requirement Description: Construction Condition 4, 13, and 69, 15m Machine Free Zone along watercourses Conditions 4 and 13 require that BC Hydro maintain a 15m Machine Free Zone along watercourses during reservoir clearing. Condition 69, via the CEMP section 4.5 requires that BC Hydro retain a 15 m machine-free riparian buffer from the Ordinary High Water Mark of watercourses and waterbodies during clearing. Findings: C&E Parks inspected machine free zones and riparian buffers as required by conditions 4 and 69 along the Peace River, Moberly River, Cache Creek, and a tributary to Cache Creek (locally referred to as Chicken Creek ) during the March and April 2017 inspection. Buffers and machine free areas appear to have been observed as required, with the exception of Chicken Creek. In response to a complaint from a member of the public, C&E Parks inspected Chicken Creek on April 26, Chicken Creek is a tributary to Cache Creek, entering the watercourse approximately 1km upstream from the Highway 29 Bridge. At this location mulchers maintained the 15m machine free buffer along Cache Creek, but appear to have mulched through the Chicken Creek riparian retention and machine free zones and channel. The Chicken Creek channel is well defined through the 15m riparian buffer along cache creek, and cut banks and a meandering creek course is visible through the mulched section. See photos 10 and 11. C&E Parks considered the information presented in BC Hydro s May 15, 2017 response (Appendix F) to this Inspection Record. In that response BC Hydro disputes the finding that Chicken Creek is a watercourse, and therefore subject to the 15m machine free buffer, and states that Watercourse is not defined within the EAC, the CEMP, or the Water Sustainability Act. In finalizing this compliance determination C&E Parks noted that Chicken Creek exhibits the characteristics of a stream including a bed, banks, defined channel, and direct connectivity to a fish-bearing watercourse (Cache Creek) as noted on April 26, C&E Parks also notes that a Watercourse is included within the definition of a stream under the Water Sustainability Act as follows: "stream" means (a) a natural watercourse, including a natural glacier course, or a natural body of water, whether or not the stream channel of the stream has been modified, or (b) a natural source of water supply, including, without limitation, a lake, pond, river, creek, 9

10 spring, ravine, gulch, wetland or glacier, whether or not usually containing water, including ice, but does not include an aquifer; Note also that the mulching of riparian vegetation and operation of mulchers within Chicken Creek is also likely not compliant with the Water Sustainability Act. EAO C&E has forwarded this information to FLNRO C&E for their assessment and follow up under the Water Sustainability Act. Photo 10: Chicken Creek within the 15m riparian reserve of Cache Creek, showing defined channel and confluence of Chicken Creek and Cache Creek. 10

11 Photo 11: Chicken Creek from top of west bank bluff above Cache Creek. Note defined channel and approximate course of creek through mulched area as shown with red line and arrow. Compliance: Not Inspected November 28 to December 2, 2016 Inspection Not Inspected January 12-13, 2017 Inspection IN March 14-17, 2017 Inspection OUT April 23, 24, 26, 2017 Inspection Types of Compliance: Requirement Description: Findings: Construction Condition 9, Rare Plant Translocation Condition 9 requires that BC Hydro develop and implement a Rare Plant Translocation Program during construction to the satisfaction of EAO, in consultation with the Ministry of Environment. See Appendix B for the specific wording of Condition 9. In response to a complaint from a member of the public, C&E Parks gathered evidence to reach a compliance determination regarding the development and implementation of a Rare Plant Translocation Program, as required by Condition 9. This included: Discussions with the MOE representative on the project Vegetation and Wildlife Technical Committee, who expressed concern that clearing had occurred on the project without the required program in place, that individual occurrences of rare plants may have been impacted by the Project, and that not all species of concern 11

12 were being considered for the program; and Review of rare plant surveys conducted in 2015 and 2016, and inspection against these surveys to determine if areas with rare plant occurrences have been cleared prior to the implementation of a Rare Plant Translocation Program. Compliance: In As of April 20, 2017 On April 20, 2017, the MOE representative contacted C&E Parks and noted that MOE was now confident that the Rare Plant Translocation Program would satisfy the concerns previously expressed by MOE, given that the program now included all species of concern, and that the program would be implemented in 2017 prior to any further Project clearing. See also the letter included as Appendix E in which BC Hydro confirms the expansion of the program to meet MOE concerns. EAO C&E will inspect against the implementation of the Rare Plant Translocation Program during future inspections. Types of Compliance: Requirement Description: Findings: Construction Condition 18, Human-Wildlife Conflict. Condition 18 requires that all construction areas be clean and free of discarded anthropogenic food sources and that garbage be securely stored in verified bear-proof containers or removed from site. See Appendix B for the specific wording of Condition 18. C&E Parks observed that the Site C Project continues to manage anthropogenic food waste wildlife attractants well, with the exception of isolated instances of food waste attractants disposed of in non bear-proof receptacles noted at three locations (ForeverGreen laydown on west of the Moberly, PRHP left bank boat launch, and PRHP L3 laydown). See photos 12 and 13. No food waste was identified outside of waste receptacles. C&E Parks notes BC Hydro s efforts to address noncompliance with Condition 18, including removal of non bearproof recycling bins, as detailed in Appendix F. 12

13 Photo 12: Food waste in non bear-proof receptacle, ForeverGreen right bank laydown January Compliance: Photo 13: Non bear-proof recycling bin, L3 laydown. Bin contained wildlife attractants. Not Inspected November 28 to December 2, 2016 Inspection Not Inspected January 12-13, 2017 Inspection OUT March 14-17, 2017 Inspection OUT April 23, 24, 26, 2017 Inspection 13

14 Types of Compliance: Requirement Description: Findings: Construction Condition 69 CEMP, section 4.5 Fisheries and Aquatic Habitat Management The CEMP requires that instream works be completed in accordance with Standards and Best Practices for Instream Works (MWLAP, 2004). The Standards and Best Practices for Instream Works document requires the use of hydraulic fluids that are non-toxic to aquatic life and that are readily or inherently biodegradable. On December 2, 2016, C&E Parks noted an excavator working within a wetted area of the Peace River. Upon inspection the excavator was noted to be running biodegradable hydraulic fluids, as required by Condition 69 via the CEMP. See photos 14 and 15. Photo 14: Excavator working instream, December 2,

15 Photo 15: Confirmation that excavator identified in Photo 14 is retrofitted with biodegradable hydraulic fluid. Compliance: Not Inspected November 28 to December 2, 2016 Inspection Not Inspected January 12-13, 2017 Inspection IN March 14-17, 2017 Inspection Not Inspected April 23, 24, 26, 2017 Inspection 15

16 Actions Required by Proponent(s) & Additional Comments: BC HYDRO IS HEREBY WARNED THAT THE PROJECT IS NOT COMPLIANT WITH CONDITIONS 2, 4, 13, 18, AND 69 OF EAC#E EAO C&E WILL INSPECT TO DETERMINE IF THE SITE C CLEAN ENERGY PROJECT HAS BEEN BROUGHT BACK INTO COMPLIANCE WITH THESE REQUIREMENTS. CONTINUED NON COMPLIANCE WITH THESE REQUIREMENTS MAY RESULT IN ADDITIONAL ENFORCEMENT UNDER THE ENVIRONMENTAL ASSESSMENT ACT. SEE REGULATORY CONSIDERATIONS SECTION FOR ADDITIONAL INFORMATION. Inspection Conducted by: Signature: Chris Parks Date Signed: Enclosure(s) to Proponent(s) & Description: Appendix A: Orders to Remedy under section 34 of the Environmental Assessment Act, issued April and March 3, Appendix B: Table of Conditions Appendix C: Site C Construction Environmental Management Plan Appendix D: Independent Environmental Monitoring Reports December 2016 through April 2017 Appendix E: Letter from SCARBOROUGH, BC Hydro, to FLNRO regarding Rare Plant Translocation Program Appendix F: BC Hydro response to draft Inspection Record Regulatory Considerations: EAO Compliance and Enforcement facilitated a compliance tour for senior BC Hydro and BC Government staff of the Project on April 25, The purpose of the tour was to ensure a common understanding of the compliance challenges the Project has experienced specific to water management, erosion control, and sediment control requirements set out in EAC conditions 2 and 69. As identified to BC Hydro representatives on the site tour, in order to confirm compliance with EAC conditions 2 and 69, inspectors must be able to identify that water management, erosion control, and sediment control mitigations have been installed and maintained, commensurate with the risk of sediment transport to an aquatic habitat receptor (watercourses and wetlands). While there continues to be non-compliance, during the April 23, 24, and 26 inspection, C&E Parks noted that BC Hydro and its contractors were responsive in implementing or partially implementing erosion and sediment control measures in areas of concern as these were identified. In light of BC Hydro s commitment expressed during the site tour to address the non-compliances, EAO Compliance and Enforcement will consider if enforcement is required after considering future IEM reports and inspections by EAO and other agencies. To date EAO C&E has issued multiple warnings and 2 Orders to Remedy under section 34(2) of the Environmental Assessment Act regarding noncompliance with water management, erosion control, and sediment control requirements. Given the ongoing noncompliance with conditions 2 and 69, in the event of future identified noncompliance, EAO C&E will consider escalated enforcement, including issuing Orders to Cease specific Project activities under section 34(1) of the Environmental Assessment Act. Environmental Assessment Office Mailing Address: Telephone:

17 PO Box 9426 Stn Prov Govt Victoria BC V8W 9V1 Fax: Website: