ARCHIVED - Order LMR-001-2013 to Vantage Pipeline Canada ULC pursuant to Section 51.1 of the National Energy Board Act
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IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1
is employed by Vantage Pipeline Canada ULC (Vantage), or is a person conducting an excavation or construction on or near a facility located at Spread B, Vantage Pipeline Project.
On 16 January 2013, the undersigned National Energy Board inspection officer conducted an inspection of Spread B, Vantage Pipeline Project.
The inspection officer has noted the following:
During an inspection of the Project, several non-compliances were observed in environmentally sensitive areas at the following approximate kilometre post (KP) locations:Unnamed Tributary at KP 149
During topsoil stripping and grading activities: a 10 m buffer zone has not been respected, topsoil was not adequately separated from subsoil, no appropriate vehicle crossing installed across the tributary, and temporary workspace encroaching within the 10 m buffer; andWetland at KP 195
During Horizontal Directional Drilling activities: no appropriate vehicle crossing was installed across the wetland, excavations were conducted directly within the wetland boundaries, temporary workspace encroaching within the 10 m buffer, and wetland boundaries not identified / marked.
These observations represent non-compliances with Condition 3 of Certificate of Public Convenience and Necessity OC-059 and Subsection 19(a) of the Onshore Pipeline Regulation, 1999.
Based on the above mention, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public, or 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.
Therefore, Vantage Pipeline ULC is HEREBY ORDERED, pursuant to section 51.1 of the National Energy Board Act, to
- A site specific plan for construction activities is reviewed with the Vantage Environmental Inspector;
- The Vantage Environmental Inspector is satisfied that the proposed activities will be completed in compliance with required environmental mitigation and commitments of the EPP; and
- The above noted environmentally sensitive areas have been identified / marked as required by the EPP.
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