Order AML-001-2018 to Enbridge Pipelines Inc. pursuant to section 51.1 of the National Energy Board Act

INSPECTION OFFICER ORDER NO. AML-001-2018

IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1

is employed by Enbridge Pipelines Inc. (Enbridge), and/or is a person conducting a ground disturbance or construction on or near a facility located near Virden, Manitoba.

On or about 21-23 August 2018, the undersigned National Energy Board Inspection Officer conducted an inspection of the Line 3 Replacement Program, Spread 7, wetland complex MB 1039 in the vicinity of KP 816-817. The Inspection Officer has determined that a hazard is being or will be caused based on the following facts:

• Enbridge was unable to produce documentation demonstrating how the wetland boundaries and buffers at wetland complex MB 1039 were delineated during summer 2018 surveys;
• At wetlands MB 1039-2 and MB 1039-3 (Class III wetlands) the stakes labeled “wetland 10 m buffer” were observed closer than 10 m to wetland vegetation;
• At wetland MB 1039-1 (Class IV) wetland, the Inspection Officer was unable to locate the stakes delineating the 10 m buffer on 21 August 2018;
• At wetland MB 1039-1, 10 m buffer stakes were observed on 23 August 2018;
• Enbridge indicated that wetland buffers were determined by external biologists during summer 2018 surveys;
• Enbridge indicated that external biologists were not on-site between 21 and 23 August 2018;
• Enbridge was unable to produce documentation or procedures demonstrating how damaged or removed buffers could be re-staked in the correct location;
• No fewer than five mitigation measures for the protection of wetlands in the Environmental Protection Plan (EPP) for the Line 3 Replacement Program reference the 10 m buffer and/or wetland boundary; and
• Vegetation clearing and topsoil salvage activities had begun within the immediate vicinity of wetland complex MB 1039 at the time of the inspection.

Based on the above mentioned, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by the construction, operation, maintenance or abandonment of the pipeline, or any part of a pipeline, an abandoned pipeline or any part of it, or a ground disturbance or the construction of a facility.

Therefore, is HEREBY ORDERED, pursuant to subsections 51.1(1) and 51.1(2) of the National Energy Board Act, to

Specified Measures:

Enbridge shall:

1. Stop all work within 20 m of all Class III and higher wetlands on Spread 7 with the exception of ramping for travel purposes;
2. Provide confirmation that wetland complex MB 1039 has been appropriately delineated and staked by a qualified wetland subject matter expert for the purpose of applicable wetland buffers and boundaries. In the event that impacts have been identified inside accurate wetland buffers or boundaries determined by the wetland subject matter expert, Enbridge will include a plan to mitigate these impacts.
3. Develop and implement a plan indicating corrective actions taken to ensure that wetland buffers and boundaries are appropriately delineated by a qualified wetland subject matter expert. The plan shall include:
   1. A description of how Enbridge will ensure that current delineations of boundaries and buffers for Class III and higher wetlands are accurate; and
   2. A description of how original delineations of boundaries and buffers completed by the wetland subject matter expert can be reproduced in the event that the stakes are dislodged or removed.

Inspection Officer

Inspection Officer	2619	__________________________________ Signature
	IO Designation #
	23 August 2018
	Date
	210-517 10 Ave SW, Calgary AB  T2R 0A8

CVA #: 1819-525

Date modified:

2023-05-18