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The following information is for applicable EGLE resource permits related to Line 5.
Enbridge Energy submitted a reissuance application for a Part 31, Water Resources Protection, National Pollutant Discharge Elimination System (NPDES) permit and permits under Part 303, Wetlands Protection, and Part 325, Great Lakes Submerged Lands, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The applications request authorization for surface facilities associated with the proposed tunnel and issuance of permits would not constitute authorization for construction of the tunnel.
Both permit applications are currently being reviewed for administrative completeness. Once the applications are determined to be administratively complete, the formal permit processing period will begin. This process includes a thorough technical and statutory review by Department of Environment, Great Lakes, and Energy (EGLE) staff, and opportunities for public comment.
The NPDES, Wetlands Protection and Great Lakes Submerged Lands permit application submissions are renewals of 5-year permits issued in 2021. The applications request the following minor modifications.
Enbridge would need to get Part 91 (Soil Erosion) permit from Emmet and Mackinac County first and then the state would review those permits.
Enbridge has requested a wetland permit under Part 303 which impacts less than 1/5 of an acre. They have filed a mitigation plan.
There is some work around rare plant species in the area that would be impacted and mitigation steps that will be taken by Enbridge.
The Great Lakes Submerged Lands Act is used primarily in the regulation of marinas and structures built on the bottomlands of the lake. In this situation, it will assess whether construction and operation of the tunnel and the pipeline within lake bottomlands will impair public uses of the Great Lakes such as fishing and navigation.
Enbridge submitted a letter expressing their opinion that Part 325 did not apply, but Enbridge did submit a permit application.
The application notes that Enbridge may request water withdrawals from the Straits of Mackinac (the Straits) on both the north and south for purposes of tunnel construction.
The National Pollutant Discharge Elimination System (NPDES) permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States. Created in 1972 by the Clean Water Act, the NPDES permit program is authorized to state governments by EPA to perform many permitting, administrative, and enforcement aspects of the program.
The application identifies potential sources of water for use during construction including municipal water and a proposed surface water intake on the south side. The water intake will not exceed a withdrawal of 2 million gallons per day.
Water to support construction activities on the north side will be provided via trucks carrying water from the south side.
Under the proposed tunnel construction plan, Enbridge or their contractors would excavate materials out of the tunnel in the form of a slurry. Some of the material would be processed, a portion reused, and the remainder sent to an on-site treatment plant.
This construction wastewater, along with any infiltrating groundwater, will be sent to the treatment plant and will be treated to meet water quality standards before being discharged to the Straits.
It is anticipated that approximately 16,500 gallons per day of stormwater and groundwater infiltrating into the shaft and tunnel will be generated during post-construction.
This water will be captured and handled in a manner that treats contaminants before being discharged into the Straits on the south side.
The proposed system described in the permit application could handle flows up to five times higher than the amount anticipated.
If constructed, the finished pipeline is first filled with water and pressurized to ensure it has been properly constructed and does not leak.
This is called a hydrostatic test. Approximately one million gallons of water would be used for the hydrostatic test and would be a one-time use of the water. The application describes using municipal water or water from the south side water intake as the source water.
After the test is performed, the water would be pumped into the on-site water treatment plant, any contaminants removed, and discharged back into the Straits on the north side.
Whenever a permit issued by EGLE may result in pollution and impairment of the environment, the Michigan Environmental Protection Act requires the department to explore whether there are feasible and prudent alternatives to the activity covered by the permit.
An example of this type of analysis is included in Enbridge's application and was prepared by Enbridge in 2018 as part of its earlier agreements with the Snyder administration.
Information on the Line 5 tunnel project proposal by Enbridge, including overview, timelines, recent permit documents and decisions, and more.
