DNR announces permitting decisions for the proposed relocation of Enbridge Line 5

MADISON, Wis. (DNR PRESS RELEASE) – According to a news release from the Department of Natural Resources, they announced decisions Thursday regarding applications for the Waterways and Wetlands Permit Application, Water Quality Certification and WPDES Stormwater Permit Application for Construction Sites.

“After careful consideration of applicable state laws, all input received, and administrative data, the Wisconsin Department of Natural Resources (DNR) today decides to grant an individual water and waterways permit with conditions And transfer coverage under the department’s Wisconsin Pollution Discharge Elimination System (WPDES) General Permit for Construction Site Storm Water for the Enbridge, Inc. proposal. to replace a portion of its Line 5 liquid petroleum pipeline in Ashland and Iron counties.

The DNR’s review of these permits follows the prescribed standards in Ch. 30 and ss. 281.36 and 283.33, Wis.Stats., and associated administrative codes, which specify the criteria the DNR may consider.

The Wetlands and Waterways Permit authorizes Enbridge to conduct specific construction-related activities affecting navigable waterways and waterways as specifically described in the permit application, associated plans and permit conditions. The permit contains more than 200 conditions to ensure compliance with state standards for wetlands and waterways. Permit coverage under the WPDES Construction Site Storm Water General Permit authorizes Enbridge to conduct land-disturbing construction activities in accordance with the application for coverage and associated plans, including specific plans for erosion control and water quality protection.

Approvals from both the DNR and the U.S. Army Corps are needed before the project can move forward. Additional DNR permits or approvals may also be required for discharges of hydrostatic test water, groundwater dewatering, slash burning, and incidental taking of listed species.

Enbridge has also applied for a permit from the US Army Corps of Engineers to discharge dredged material or fill material into United States waters under Section 404 of the Clean Water Act, which is required before the project can proceed. The DNR has issued a water quality certification with conditions that serve to determine that the proposed project will meet the state of Wisconsin water quality standards. The US Army Corps will think about it Wisconsin Water Quality Certification as part of their licensing procedure.

Line 5 has been operational since 1953 and is part of an extensive network of oil transportation pipelines owned and operated by Enbridge Energy, LLC. The existing line runs 645 miles from Superior, Wisconsin, to Sarnia, Ontario, including a 12-mile segment that passes through the Bad River Reservation of the Bad River Band of Lake Superior Chippewa. Enbridge is proposing to replace 20 miles of existing pipeline, including the 12-mile segment within the reservation, with 41 miles of new pipeline located entirely outside the reservation boundary.

Visit this DNR webpage for a list of frequently asked questions and answers.

Visit this DNR webpage for a general overview of the project.