Contested Case Hearing For DNR Permit #IP-NO-2020-2-N00471 To Enbridge Energy
Date: 03/31/2025
Time: 10:00 a.m. - End of Agenda
Location: Virtual
State of Wisconsin Division of Hearings and Appeals, 608-266-7709
On Nov. 14, 2024, the Wisconsin Department of Natural Resources (DNR) issued Permit #IP-NO-2020-2-N00471 to Enbridge Energy, LP (Enbridge). On Dec. 12, 2024, the Bad River Band of Lake Superior Chippewa, by its attorneys, Earthjustice, and 350 Wisconsin, League of Women Voters of Wisconsin, and Sierra Club, by their attorneys Midwest Environmental Advocates and Clean Wisconsin, filed Petitions for a Contested Case Hearing with the DNR pursuant to Wis. Stat. §§ 227.42, 30.209, and 281.36(3q).
By letter dated Jan. 2, 2025, the DNR granted the requests for a contested case hearing on the following issues:
- Whether activities authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and wetland permitting standards under Wis. Stat. § 281.36(3n)(c) and Wis. Admin. Code Ch NR 103.
- Whether wetland compensatory mitigation required by Permit #IP-NO-2020-2-N00471 meets state wetland mitigation requirements under Wis. Stat. § 281.36(3r) and Wis. Admin. Code Ch. NR 350.
- Whether structures and deposits in navigable waters authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and waterway permitting standards under Wis. Stat. § 30.12.
- Whether the removal of material from the beds of navigable waters authorized by Permit #IP-NO-2020-2-N00471 meets state requirements and waterway permitting standards under Wis. Stat. § 30.20.
- Whether temporary clear span bridges authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and waterway permitting standards under Wis. Stat. § 30.123.
- Whether activities authorized by Permit #IP-NO-2020-2-N00471 meet state water quality certification standards under Wis. Admin. Code § 299.04.
- Whether the DNR’s Final Environmental Impact Statement (EIS) described the purpose of the proposed project and reasonable alternatives to the proposed project in accordance with Wis. Stat. § 1.11(2)(c)3. and Wis. Admin. Code §§ NR 150.30(2)(b) and (e).
- Whether the EIS contained a complete environmental analysis in accordance with Wis. Stat. § 1.11(2)(c) and Wis. Admin. Code §§ NR 150.30(2)(f), (g), and (h).
- Whether the construction activities proposed in the notice of intent meet the terms and conditions for coverage under the WPDES Construction Site Stormwater General Permit No. WI-S067831-6.
On Jan. 24, 2025, the Division of Hearings and Appeals received, for filing, an original request for hearing from the Department. The parties have conferred and agreed to a date for a prehearing conference.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, at 10:00 a.m. on March 31, 2025, via Microsoft Teams. Interested persons may request an email invitation to the Teams Telephone Conference by contacting the Division of Hearings and Appeals at 608-266-7709. In the alternative, those interested may participate by telephone by calling 608-571-2209 and entering Phone Conference ID 887 279 823#.
Any person, organization or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference. However, a date may be selected for a contested case hearing.
The hearing is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the fair play provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.
The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file related to the permit may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.
Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at 608-266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
