Public Notice. Proposed anchor structures, dredging, and discharge at the Enbridge Line 5 pipeline in the Straits of Mackinac, Michigan

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Morris Morgan
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1 US Army Corps of Engineers Detroit District Public Notice Applicant: Enbridge Pipelines (Lakehead), LLC In Reply Refer To: Corps File No. LRE N18 Date: January 29, 2019 Expires: February 17, 2019 Proposed anchor structures, dredging, and discharge at the Enbridge Line 5 pipeline in the Straits of Mackinac, Michigan Applicant: Enbridge Pipelines (Lakehead) LLC 26 East Superior Street, Suite 309, Duluth, MN Project Location: The site is located in the Straits of Mackinac between Point LaBarbe and McGulpin Point, Emmet and Mackinac Counties, Michigan. Federal Authority: The applicant has applied for a Department of the Army permit under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. State Authority: Section 401 of the Clean Water Act requires that all discharges of dredged or fill material must be certified by the State as complying with applicable effluent limitations and water quality standards. Coastal Zone Management Certification (or waiver thereof) is required from the State of Michigan if this proposed activity would occur within the designated coastal zone. Project Description: As shown on the attached plans, the applicant proposes to install 51 helical anchor structures on the existing pipeline, including the 48 anchors described in the USACE public notice of June 29, 2018, and 3 additional anchors proposed in September Anchors would consist of a helical anchoring system with saddle mounts. The anchors would be augured into the lakebed to a depth of approximately 10 feet. Work would be conducted from a barge with diver assistance. A total of up to 10 cubic yards of material would be dredged from an area approximately 4 feet long, 2 feet wide, and 1 foot deep, if needed to accommodate anchor saddle installation at some proposed anchor locations. A total of up to 5 cubic yards of material would be dredged from a similar sized area at 3 locations where anchors were authorized in 2017 but have not yet been installed. The dredged material would be discharged on the lakebed adjacent to the dredge area. The applicant further proposes to dredge and discharge lakebed sediment in association with the inspection of 128 existing pipeline anchor structures. A total of up to 300 cubic yards of sediment would be dredged from an area up to 40 feet long, 5

2 File No. LRE N18 January 29, 2019 feet wide, and 2 feet deep at up to 128 anchor sites by pumping, water jetting, and hand excavation to expose the pipeline for inspection, if needed. If coating repairs are needed in close proximity to an anchor, approximately 4 cubic yards of sand bags would be temporarily placed in a 6-foot by 6-foot area underneath the pipeline to support it as the anchor saddle is removed and replaced following coating repair. A total of 13 cubic yards would be dredged from areas approximately 5 feet wide and 3 feet deep, and discharged on the adjacent lakebed for pipeline coating inspection and possible repair at 3 locations not associated with anchor structures. The purpose of the proposed work is to maintain the existing pipeline in accordance with state and federal requirements. Avoidance & Minimization: The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: Enbridge has sought to minimize impacts to waters of the United States by limiting the extent of bottom disturbance to the minimal amount necessary to safely complete the proposed work activities. The extent of bottom disturbance described in our application is the maximum potential. The actual amount of bottom disturbance is anticipated to be significantly less. The Corps has not verified the adequacy of the applicant s avoidance and minimization statement at this time. Compensatory Mitigation: The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Enbridge believes compensatory mitigation should not be required for the work activities described in our applications due to the minimal footprint of bottom disturbance, all of which qualify under the nationwide permits. The Corps has not verified the adequacy of this mitigation proposal at this time. Other Authorizations: A permit is required from the Michigan Department of Environmental Quality under applicable provisions of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451. The State file number is 24- Enbridge Energy, LP - Straits of Mackinac Comments: We are publishing this notice in compliance with Title 33 Code of Federal Regulations Parts Comments on the project should be submitted in writing and postmarked or delivered by the expiration date of this public notice. Comments of a positive or negative nature may be submitted. All responses must refer to file number LRE N18. We will interpret a lack of response as meaning that there is no objection to the permit application. Comments should be filed with: 2

3 File No. LRE N18 January 29, 2019 Kerrie E. Kuhne Chief, Permit Evaluation Western Branch Regulatory Office Detroit District, Corps of Engineers 477 Michigan Avenue Detroit, Michigan Comments may be ed to: but must include a name and mailing address. Public Hearing: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Evaluation: The decision whether to issue the Department of the Army permit will be based on evaluation of the probable impacts of the proposed activity on the public interest. That decision will reflect the national concerns for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. This activity involves the discharge of dredged or fill material into waters of the United States. Therefore, the U.S. Army Corps of Engineers' evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by 3

4 File No. LRE N18 January 29, 2019 the Administrator of the Federal Environmental Protection Agency, under the authority of Section 404(b)(1) of the Clean Water Act. Endangered Species: We will review this application for the potential impact on threatened or endangered species pursuant to Section 7 of the Endangered Species Act as amended. We are not aware of the presence of any listed species or critical habitat at or in the vicinity of the proposed worksite. We invite information and/or comments regarding the potential presence of, or impacts to, any listed species or critical habitat. Cultural Resources: The District Staff has reviewed existing information on historic properties potentially affected by the proposed project, including the National Register of Historic Places. There are no recorded historic properties within the permit area. The proposed work is of such a limited nature and extent that little likelihood exists for the project to impinge upon an unrecorded historic property. The District Engineer invites responses to this public notice from federal, state and local agencies, historical and archaeological societies, Indian tribes, and other parties likely to have knowledge of or concerns with historic properties in the area. Additional Information: This public notice and drawings are also available for viewing/printing at: px. Questions concerning this application may be directed to Katie Otanez at the Corps of Engineers address listed above, or telephone number (313) FOR THE DISTRICT ENGINEER: Kerrie E. Kuhne Chief, Permit Evaluation Western Branch Regulatory Office NOTICE TO POSTMASTERS: We request that the above notice be conspicuously and continuously posted for the time period of this notice. 4

5 Supplemental Information Enbridge Pipelines (Lakehead) L.L.C Line 5 Anchor Installation Project Mackinac and Emmet Counties, Michigan PROJECT SUMMARY 3 Proposed Activities and Construction Methods Enbridge Pipelines (Lakehead) L.L.C. (Enbridge) is planning to conduct maintenance on the existing dual 20-inch-diameter pipelines beneath the Straits of Mackinac. Enbridge is proposing to install pipeline anchors at 48 locations to comply with federal consent decree (Case 1:16-cv-00914, ECF No. 3 filed 7/20/16) condition 68. These pipeline anchors are in addition to the 22 anchors applied for in 2017 (submission number 2RD-DFDK-Y35G). Enbridge, considering the history of previous pipeline anchor installation work, is seeking authorization to complete this project from the Michigan DEQ under Act 451, Section 325 and from USACE under Nationwide Permit 12. Project activities will involve the installation of pipeline anchors which consist of a helical anchoring system with saddle mounts around the pipeline at each of the proposed locations. The 48 anchors will be augured directly into the lake bed. Each anchor uses two 10-inch-diameter by 10-foot long screws. The total lake bottom impact from the anchors will be approximately 20 cubic yards with a total footprint of about 53 ft 2. The proposed locations for installation of the anchors are provided in Attachment A. Attachment B contains typical drawings depicting the auguring apparatus, as well as equipment that will be used for installation. Attachment C contains the anchor installation procedure. A marine infrastructure and utility contractor, Ballard Marine Construction, will work from barges to complete the anchor installation. No new on-land staging, temporary workspaces, or new access routes will be required for the Project. The Project is scheduled to begin in July Ballard Marine Construction will maintain a safety plan and an environmental protection plan for this work activity (Attachment D). In the unlikely event of pipeline damage during this project, Enbridge will implement a repair plan. If a release were to occur from the pipeline during this project, Enbridge would respond following the company Integrated Contingency Plan and Straits Tactical Response Plan. 4 Project Purpose, Use and Alternatives The installation of 48 pipeline anchors is being proposed to comply with federal consent decree (Case 1:16-cv-00914, ECF No. 3 filed 7/20/16) condition 68. This Project is pipeline maintenance and is not associated with a new utility installation. The proposed activities are for the sole purpose of maintaining the previously authorized 1

6 Supplemental Information Enbridge Pipelines (Lakehead) L.L.C Line 5 Anchor Installation Project Mackinac and Emmet Counties, Michigan pipelines, and are consistent with those activities authorized under Nationwide Permit 12. The method of anchor installation is anticipated to incur no environmental impacts. 2

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7 Canada WI Michigan IL IN OH WAP-3 WAP-4 WAP-5 WAP-6 WAP-7 WAP-8 WAP-9 WAP-10 WAP Miles 1 inch = 1 miles For Environmental Review Purposes Only WAP-12 WAP-13 WAP-14 WAP-15 WAP-16 WAP-17 WAP-18 WAP-19 WAP-20 WAP-1 WAP-2 EAP-1 EAP-2 EAP-3 EAP-4 EAP-5 EAP-6 EAP-7 EAP-8 EAP-9 EAP-10 EAP-11 EAP-12 EAP-13 EAP-14 EAP-15 EAP-16 EAP-17 EAP-18 EAP-19 EAP-20 EAP-21 EAP-22 EAP-23 EAP-24 EAP-25 EAP-26 EAP-27 EAP-28 Figure 1a Line 5 Straits of Mackinac Enbridge Pipelines (Lakehead) L.L.C Proposed Anchor Locations Copyright: 2013 National Geographic Society, i-cubed 2018 Proposed Anchor Locations Line 5 Date: (2/14/2018) Source: Z:\Clients\E_H\Enbridge\Line_5_Straits_of_Mackinac\Permitting\Maintenance\201802\L5_Straits_of_Mackinac_2018_Anchors_Overview_Topo.mxd

8 Supplemental Information Enbridge Pipelines (Lakehead) L.L.C. Line 5 Anchor Installation Project September 2018 Mackinac and Emmet Counties, Michigan PROJECT SUMMARY 3 Proposed Activities and Construction Methods Enbridge Pipelines (Lakehead) L.L.C. (Enbridge) is planning to conduct preventive maintenance on its existing dual 20-inch-diameter pipelines beneath the Straits of Mackinac following a visual survey. Enbridge is proposing to install three anchors along the pipelines to comply with federal consent decree (Case 1:16-cv-00914, ECF No. 3 filed 7/20/16) condition 68 and its subsequent modifications. Enbridge, considering the history of previous anchor installation work, is seeking authorization to complete this project from the Michigan Department of Environmental Quality (DEQ) under Act 451, Section 325 and from U.S. Army Corps of Engineers (USACE) under Nationwide Permit 12. These pipeline anchors are in addition to the application for the 48 anchors applied for earlier in 2018 (DEQ submission number HNC-AR90-WAHM0; USACE File N18). Project activities will involve the installation of a helical anchoring system with saddle mounts around the pipeline in each of the proposed locations. Two of the three installation locations will require minor excavations to properly install the anchors. Less than 1 cubic yard of sediment will need to be excavated at each location. The three anchors will be augured directly into the lake bed. Each anchor uses two 10-inch-diameter by 10-foot-long screws. The proposed locations for installation of the three anchors are provided in Attachment A. Attachment B contains typical drawings depicting the plan and profile view, auguring apparatus, as well as equipment that will be utilized for installation. Attachment C contains the anchor installation methodology. A marine infrastructure and utility contractor, Ballard Marine Construction, working from barges, will be used to complete the anchor installation. No new on-land staging, temporary workspaces, or new access routes will be required for the Project. The Project is expected to take approximately one week to complete, depending on weather. Ballard Marine Construction will maintain a safety plan and an environmental protection plan for this work activity (Attachment D). In the unlikely event of pipeline damage during this project, Enbridge will implement a repair plan. If a release were to occur from the pipeline during this project, Enbridge would respond following the company Integrated Contingency Plan and Straits Tactical Response Plan. 1

9 Supplemental Information Enbridge Pipelines (Lakehead) L.L.C. Line 5 Anchor Installation Project September 2018 Mackinac and Emmet Counties, Michigan 4 Project Purpose, Use and Alternatives These three proposed anchors are for compliance with federal consent decree (Case 1:16-cv-00914, ECF No. 3 filed 7/20/16) condition 68 and its subsequent modifications. This Project is not associated with a new utility installation. The proposed activities are for the sole purpose of maintaining the previously authorized pipelines and are consistent with those activities authorized under Nationwide Permit 12. The method of anchor installation is anticipated to incur no environmental impacts. 2

Canada WI Michigan WAP-21 OH EAP-29 (! (! EAP-30 Copyright: 2013 National Geographic Society, i-cubed 0 0.

10 Canada WI Michigan WAP-21 OH EAP-29 (! (! EAP-30 Copyright: 2013 National Geographic Society, i-cubed inch = 1 miles 1 Miles For Environmental Review Purposes Only 4 Figure 1a Line 5 Straits of Mackinac Enbridge Pipelines (Lakehead) L.L.C. Proposed Anchor Locations (! Proposed Anchor Locations Line 5 Source: Z:\Clients\E_H\Enbridge\Line_5_Straits_of_Mackinac\Permitting\Maintenance\201802\L5_Straits_of_Mackinac_2018_Anchors_Overview_Topo.mxd (! IN Date: (9/17/2018) IL

11 Supplemental Information Enbridge Pipelines (Lakehead) L.L.C Line 5 Anchor Installation Project Mackinac and Emmet Counties, Michigan 3

ENBRIDGE ENERGY LIMITED PARTNERSHIP SPECIAL USE PERMIT

Page 1 of 6 Chequamegon- Nicolet National Forest ENBRIDGE ENERGY LIMITED PARTNERSHIP SPECIAL USE PERMIT Fact Sheet July 5, 2017 Situation: Enbridge Energy Limited Partnership (Enbridge) has requested to