Resources

Public Notice

Permit Application
Some appendices contain personally identifiable or confidential information and are not included.

Permit application
Appendix A - Aerial Route Maps
Appendix B - Topographic Route Maps
Appendix C - List of Adjacent Landowners (Contains personally identifiable information)
Appendix D - Alternatives
Appendix E - Route Adjustments
Appendix F - Hydrotest Plan
Appendix G - Waterbody Bridging Drawings
Appendix H - HDD and Guided Bore Drawings
Appendix I - SSURGO Soil Maps
Appendix J - Wetland and Waterbody Delineation Report (SEE BELOW)
Appendix K - Wetland and Waterbody Crossing Table
Appendix L - Stream Restoration Drawings
Appendix M - Protected Species Survey Reports and Consultation- CONFIDENTIAL
Appendix N - Timing Restriction Wavier Request Form
Appendix O - Land Use Maps
Appendix P - Archaeological Survey Report- CONFIDENTIAL
Appendix Q - Traditional Cultural Properties Report- CONFIDENTIAL
Supplemental Filing

Appendix J - Wetland Delineation Report

2020 Wetland Delineation Report
2020 Wetland Delineation Supplement
Wetland Delineation Appendix D - Part 1
Wetland Delineation Appendix D - Part 2
Wetland Delineation Appendix D - Part 3
Wetland Delineation Appendix D - Part 4
Wetland Delineation Appendix D - Part 5
Wetland Delineation Appendix D - Part 6
Wetland Delineation Appendix D - Part 7
Wetland Delineation Appendix D - Part 8
Wetland Delineation Appendix D - Part 9
Wetland Delineation Appendix D - Part 10
Wetland Delineation Appendix D - Part 11
Wetland Delineation Appendix D - Part 12
Wetland Delineation Appendix E - Waterbody Summary Table
Wetland Delineation Appendix F - Part 1
​Wetland Delineation Appendix F - Part 2
​Wetland Delineation Appendix F - Part 3
Wetland Delineation Appendix G - No-point Summary and NWB photos
Wetland Delineation Appendix H - No-point Data Sheets
Wetland Delineation Appendix I - Maps 1
Wetland Delineation Appendix I - Maps 2
Wetland Delineation Revised Waterbody Data Forms - July 16, 2021

Environmental Impact Report

Report
EIR Attachment A - Ag Protection Plan
EIR Attachment B - Unant Disc Plan
EIR Attachment C - Proposed Route
EIR Attachment C RA-01
EIR Attachment C RA-02
EIR Attachment C RA-03
EIR Attachment D - Environment Protection Plan
EIR Attachment E - Blasting Plan
EIR Attachment F - Wisconsin Invasive Species
EIR Attachment G - Land Cover Maps
EIR Attachment G - Part 1
EIR Attachment G - Part 2
EIR Attachment G - Part 3
EIR Attachment G - Part 4
EIR Attachment G - Slopes

Reference Documents

Waterway Crossing Table 
Wetland Crossing Table
Mitigation Plan

Enbridge Line 5 - Wisconsin segment relocation

***Update***

The USACE waterbody crossing table has been updated to include features identified as ditches and swales in Appendices A, B and K of the permit application, but inadvertently not included in the original waterbody table. 

Permit request

The St. Paul District of the U.S. Army Corps of Engineers has received a permit application from Enbridge Energy, Limited Partnership (Enbridge). This application has been submitted pursuant to Section 10 of the Rivers and Harbor Act of 1899 (Section 10) for work under a navigable water of the United States and Section 404 of the Clean Water Act (Section 404) for discharges of dredged or fill material into waters of the United States. 

Background 

The existing Enbridge Line 5 pipeline is a 645 mile long, 30-inch diameter crude oil/natural gas liquid pipeline that has been operational since 1953. It originates at Enbridge’s Superior Terminal in Superior, Wisconsin, continues through northern Wisconsin and the Upper and Lower Peninsulas of Michigan, and terminates near Sarnia, Canada. In Wisconsin, the existing Line 5 pipeline crosses Douglas, Bayfield, Ashland and Iron counties. Within Ashland County, the existing Line 5 pipeline crosses through 12 miles of the Bad River Reservation. In 2019, the Bad River Band of the Lake Superior Tribe of Chippewa Indians filed a federal lawsuit to require Enbridge to remove 12 miles of pipeline from their reservation.

Project description

Enbridge developed the proposed Line 5 Wisconsin segment relocation project to reroute the existing Line 5 pipeline around the external boundaries of the Bad River Reservation while still maintaining current deliveries of oil and natural gas liquids. The proposed project would replace approximately 20 miles of the existing Line 5 pipeline, including approximate 12 miles of pipeline within the Bad River Reservation, with 41 miles of a new 30-inch diameter pipeline segment that would be located entirely outside the boundaries of the reservation. The proposed project route begins 4.5 miles west of the western boundary of the reservation near the intersection of State Highways 137 and 112 in Ashland County and ends 3.3 miles east of the eastern border of the reservation near the intersection of U.S. Highway 2 and State Highway 169 in Iron County. Enbridge proposes to cease pipeline operation within the reservation once the proposed Line 5 Wisconsin segment pipe is in service.

Regulatory authority

The U.S. Army Corps of Engineers regulates work or structures in, over or under navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899. Section 10 authorization is required for the proposed horizontal directional drill of the White River.

The U.S. Army Corps of Engineers regulates discharges of dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act. Section 404 authorization is required for proposed permanent and temporary discharges of dredged or fill material in waters of the United States for the construction of aboveground facilities and for the placement of construction matting, trench and backfill activities, and additional workspace. For purposes of Enbridge’s permit request, the St. Paul District is treating all aquatic resources along the route as waters of the United States.

Under the authorities listed above, the U.S. Army Corps of Engineers, does not regulate the overall construction or operation of pipelines, nor does it regulate the siting of any type of pipeline/utility line, or any substance being transported within a pipeline. The Corps of Engineers does not have control over the entire pipeline and is one of several permitting agencies to review the project; no federal agency has congressional authority to regulate construction of oil pipelines.

Proposed project impacts to aquatic resources, review mechanism

Enbridge is proposing the permanent discharge of fill material into 0.02 acre of waters of the United States, and temporary discharges of dredged or fill material into 101.08 acres of wetlands and 0.2 acre of non-wetland waters of the United States associated with the construction of the proposed Line 5 Wisconsin segment relocation project. In addition, Enbridge proposes horizontal directional drilling (HDD) under the White River, a navigable water of the United States. Once activities resulting in temporary discharges are completed, 67.13 acres of wetlands would be allowed to revert to the original cover type. The remaining 33.95 acres of wetlands, originally forested and scrub-shrub, are proposed to be maintained as emergent wetland within the permanently maintained right-of-way. Enbridge proposes to provide compensatory wetland mitigation for the proposed permanent wetland fill of 0.02 acre, the conversion of 33.95 acres of scrub-shrub and forested wetlands to emergent wetlands, and temporal loss of wetland functions.

The St. Paul District is evaluating the request for Department of the Army authorization using a standard individual permit process. The evaluation includes opportunity for public comment and preparation of an Environmental Assessment. 

Public notice

Comments will be accepted through March 22, 2022. Electronic comments may be submitted via email: CEMVP-L5WSR-PN-Comments@usace.army.mil

Links:
Public Notice

Contact information

U.S. Army Corps of Engineers
St. Paul District, Regulatory Branch
180 5th Street E, Suite 700
Saint Paul, MN 55101

Email: CEMVP-L5WSR-PN-Comments@usace.army.mil

Project location

Proposed replacement pipeline location

Proposed replacement pipeline location starred (click for a larger version)

close-up of the Wisconsin portion of the proposed replacement pipeline location

Close-up of the proposed Line 5 Wisconsin segment relocation project (click for a larger version)

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