Applicant: Enbridge Energy

Public Notice

Applicant: Enbridge Energy

Refer To: MVP-2020-00260

ISSUED: 11 April 2025

EXPIRES: 13 June 2025

SECTION: 404 - Clean Water Act

401(a)(2) - Clean Water Act

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the United States Army Corps of Engineers, St. Paul

District (Corps), will conduct a virtual public hearing on May 13-14, 2025. The Corps is

conducting this public hearing in response to an objection received from the Bad River

Band of Lake Superior Chippewa (BRB), under Section 401 (a)(2) of the Clean Water

Act (CWA), for the application from Enbridge Energy to discharge dredged and/or fill

material in waters of the U.S., including wetlands, for the Line 5 Wisconsin Segment

Relocation Project (Project) and in response to a request from BRB that we conduct a

public hearing.

BACKGROUND: The BRB is a federally recognized tribe and Sovereign Nation. The

BRB is a “state” with neighboring jurisdiction pursuant to Section 401(a)(2) of the CWA.

The BRB, under Section 401(a)(2) of the CWA, objected to the water quality certification

issued by the Wisconsin Department of Natural Resources on November 14, 2024, for

the Project. On February 11, 2025, the BRB notified the Environmental Protection

Agency (EPA) and the Corps that it objects to the issuance of a Corps permit to

authorize the proposed discharges of dredged and/or fill material in waters of the U.S.,

including wetlands, for the construction of the Project, that the discharges would violate

BRB water quality requirements, and requested a public hearing on its objection. The

Corps cannot finalize a permit decision until the 401(a)(2) process is concluded.

Additional information about the Project may be accessed here:

https://www.mvp.usace.army.mil/Enbridge_Line5-WI/.

We are following procedures for this public hearing as specified in 40 CFR 121.15, 33

CFR 325.2(b)(1), and 33 CFR 327. We are conducting this public hearing for the

purpose of collecting information or evidence specifically related to whether the

proposed discharges would or would not violate BRB water quality requirements and if

conditions are available and necessary to ensure compliance. On May 13th, evaluations

and recommendations will be heard from the EPA, followed by Enbridge Energy, and

ending with the BRB. On May 14th, the BRB will conclude their evaluations and

recommendations from 10 a.m. - 12 p.m. and public verbal statements will be received

from registered speakers from 1 p.m. - 7 p.m. (See PUBLIC INVOLVEMENT below for

information on registering). Instructions on how to access the virtual hearing will be

posted at https://www.mvp.usace.army.mil/Enbridge_Line5-WI/ at least one week prior

to the hearing. Consistent with 33 CFR Part 327, cross-examination of any witness will

not be permitted. Written evaluations, recommendations, rebuttals, and/or other

evidence may be submitted by 11:59 p.m. June 13, 2025 (see WRITTEN

STATEMENTS below for additional information). The Corps will give all written

comments the same consideration as verbal comments.

Regulatory Division File No. MVP-2020-00260, WiL5R 401(a)(2) Public Hearing Notice

PURPOSE: The purpose of the public hearing is to acquire information to support

decision making pursuant to Section 401(a)(2) of the CWA. Specifically, the Corps is

seeking information relevant to whether the proposed discharges of dredged and/or fill

material in waters of the U.S., including wetlands, associated with the construction of

the Project would or would not violate the BRB’s water quality requirements. Further,

the Corps is seeking information on whether there are conditions that could be added

to a potential permit to ensure compliance with applicable water quality requirements

of the BRB. The Corps will consider all relevant information presented at the public

hearing and submitted written statements to inform our final permit decision.

GROUND RULES: The Corps’ acting Commander will serve as the presiding officer and

will offer opening and closing remarks each day, to include an overview of the

expectation that participants will follow the agenda (See Attachment 1), with no crossexamination of witnesses (reference 33 CFR 327.8(d)).

All verbal and written statements should focus on whether the proposed discharges of

dredged and/or fill material in waters of the U.S., including wetlands, would or would not

violate the BRB’s water quality requirements and whether conditions could be added to

a potential permit to ensure compliance. Statements expressing support or opposition

to the Project or addressing any topic other than BRB water quality requirements are

not germane to the purpose of the hearing and the necessary decision pursuant to

Section 401(a)(2) of the CWA.

PUBLIC INVOLVEMENT: All interested parties are welcome to listen to the virtual

hearing sessions from 8 a.m. - 5 p.m. CST on May 13th and 10 a.m. - 7 p.m. CST on

May 14th. Verbal statements from members of the public may be provided at the May

14th virtual hearing session between 1 p.m. - 7 p.m. CST. Instructions on how to access

the virtual hearing, as well information on how to register to provide verbal testimony on

May 14th, will be posted at https://www.mvp.usace.army.mil/Enbridge_Line5-WI/ at

least one week prior to the hearing. Please note, there may not be sufficient time to

hear verbal statements from all registered parties. Written evaluations,

recommendations, and/or other evidence regarding compliance with BRB water quality

requirements will be accepted in writing through June 13, 2025. The entirety of the

hearing will be recorded and a link to the recordings will be provided at

https://www.mvp.usace.army.mil/Enbridge_Line5-WI/ within 7 days of the hearing’s

close.

Each registered individual providing verbal statements will be given three minutes. If

you are part of a group or organization, please consider consolidating the verbal

statements for a representative spokesperson to afford the greatest opportunity for

presentation of substantive facts and to reduce duplication or views that express

statements of support or opposition without presentation of facts related to BRB water

quality requirements. All proceedings from the public hearing will be recorded and

transcribed for the official record. Please note that all verbal statements will be

transcribed and will become part of our administrative record and may be available to

the public under provisions of the Freedom of Information Act.

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Regulatory Division File No. MVP-2020-00260, WiL5R 401(a)(2) Public Hearing Notice

WRITTEN STATEMENTS: Written recommendations, evaluations, rebuttals, and/or

other evidence related to effects of the proposed discharges on BRB water quality

requirements can be electronically submitted at the following link

https://rrs.usace.army.mil/rrs/public-notices (St. Paul District file number MVP-202000260) or mailed, with a postmark date no later than June 13, 2025, to the following

address:

U.S. Army Corps of Engineers

St Paul District, Regulatory Division

332 Minnesota Street, Suite E1500

St. Paul, MN 55101-1323

Be advised that all written recommendations, evaluations, rebuttals, and/or other evidence

received in our administrative record on this action may be available to the public under

provisions of the Freedom of Information Act.

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Regulatory Division File No. MVP-2020-00260, WiL5R 401(a)(2) Public Hearing Notice

ATTACHMENT 1

Corps of Engineers St Paul District Clean Water Act 401(a)(2) Public Hearing

Bad River Band of Lake Superior Chippewa (BRB) objection to Section 404 Clean Water Act permit

for the Enbridge Line 5 Wisconsin Segment Relocation Project and the Band’s determination the

Project will affect its downstream waters.

May 13-14, 2025 (note all times are in CST and subject to adjustment)

May 13, 2025:

8:00 - 8:15 Presiding officer provides welcome and opens hearing

8:15 - 9:15 EPA provides overview of its evaluation and recommendations

9:15 - 11:15 Enbridge provides opinions and recommendations

11:15 - 12:00 BRB views, opinions, and recommendations begins

12:00 - 1:00 Recess/Lunch

1:00 - 5:00 BRB views, opinions, recommendations, and rebuttals continued

5:00 - 5:05 Presiding officer provides closing remarks and adjourns hearing

May 14, 2025:

10:00 - 10:05 Presiding officer provides welcome and opens hearing

10:05 - 12:00 BRB views, opinions, recommendations, and rebuttals continued

12:00 - 1:00 Recess/Lunch

1:00 - 7:00 Public Verbal Statements

7:00 - 7:05 Presiding officer offers closing remarks and adjourns hearing

(Note: the Presiding Officer may announce 15-minute recesses as needed)

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