DNR Announces Permitting Decisions For Proposed Enbridge Line 5 Relocation

MADISON, Wis. – After careful consideration of applicable state laws, all input received and the administrative record, the Wisconsin Department of Natural Resources (DNR) today announced its decision to issue an individual wetland and waterway permit with conditions and convey coverage under the department’s Wisconsin Pollution Discharge Elimination System (WPDES) General Permit for Construction Site Storm Water for Enbridge, Inc.’s proposal to replace a segment of its Line 5 liquid petroleum pipeline in Ashland and Iron counties.

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

The wetland and waterway permit authorizes Enbridge to conduct specific construction-related activities that impact navigable waterways and wetlands as specifically described in the permit application, associated plans and permit conditions. The permit contains more than 200 conditions to ensure compliance with the state's wetlands and waterways standards. 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 U.S. Army Corps are needed before the project can proceed. Additional DNR permits or approvals for discharge of hydrostatic test water, dewatering of groundwater, burning of slash and incidental take of listed species may also be required.   

Enbridge has also applied for a U.S. Army Corps of Engineers permit to discharge dredged or fill material to waters of the United States 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 serves as a determination that the project as proposed will meet State of Wisconsin water quality standards. The U.S. Army Corps will consider Wisconsin’s water quality certification as part of their permitting process. 

Operational since 1953, Line 5 is part of an extensive network of petroleum transport pipelines owned and operated by Enbridge Energy, LLC. The existing line runs for 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 routed entirely outside the reservation’s border.

For a list of frequently asked questions and answers, visit this DNR webpage.

For a general overview of the project, visit this DNR webpage.