Since Enbridge proposes to alter (fill and/or excavate) protected wetlands for the Line 3 project, the company has applied for a permit under Section 404 of the federal Clean Water Act (CWA), governing placement of dredged or fill material into wetlands. Section 404 permits are issued by the US Army Corps of Engineers, which oversees such activities.
The 404 permit requires the applicant to also request a water quality certification from the state under CWA Section 401. This allows the state (in this case the MPCA) to review the proposed activity in order to determine if it will comply with applicable water quality standards, and identify any conditions needed to ensure compliance. If the review finds that water quality will be protected, the 401 certification is issued and the certification and conditions become part of the 404 permit.
The MPCA follows the general process below for processing 401 certification requests. Steps in green indicate opportunities for public participation in the process.
Current status
On November 12, 2020, the MPCA granted final 401 water quality certification for Enbridge’s Line 3 Replacement Project. The MPCA reached its final decisions after comprehensive regulatory and technical analysis, extensive public participation, a contested case hearing that investigated the project’s water quality protections, and coordination with other state/federal agencies.
On November 23, 2020, the U.S. Army Corps of Engineers issued the federal 404 permit.
Final certification documents
Final 401 water quality certification for Enbridge Line 3 Project
Final 401 antidegradation determination for Enbridge Line 3 Project
Final 401 Findings of Fact for Enbridge Line 3 Project
Final Line 3 401 List of Comment Submittals
Final Line 3 401 Index of Comment Themes
Final Line 3 401 Themed Comment Responses
Final Line 3 401 Contested Case Hearing Comment Responses
Final certification request and supporting documents
Line 3 Replacement Project Revised Antidegradation Assessment Nov 2020
Attachment A - PUC Certificate of Need 2020
Attachment B - PUC Route Permit 2020
Attachment C - Receiving Waterbodies Tables Nov 2020
Attachment D - Wetland Impact Tables Nov 2020
Attachment E - Downstream Waters That Support Natural Wild Rice Stands Nov 2020
Attachment F - Water Quality Data Received from the MPCA Nov 2020
Attachment G - Anticipated Water Quality - Parameters of Concern and Waterbody Crossing Justifications Nov 2020
Attachment H - Environmental Protection Plan Nov 2020
Attachment I - Blasting Plan Nov 2020
Attachment J - Winter Construction Plan Nov 2020
Attachment K - Hydrofracture Analyses Nov 2020
Attachment L - Drilling Mud Additives Information 2020
Attachment M - HDD Inadvertent Release Response Plans Nov 2020
Attachment N - Post Construction Wetland & Waterbody Monitoring Plan Nov 2020
Attachment O - Sensitive Waters & Riparian Vegetation Communities Nov 2020
Attachment P - Compensatory Wetland Mitigation Plan Oct 2020
Attachment Q - Modflow Modeling Aug 2020
Attachment R - Contaminated Sites Management Plan 2020
Environmental Monitor Control Plan Oct 2020
Independent Environmental Monitor Staffing Plan Oct 2020
Operational Pipeline Plan Final
Draft certification documents
Enbridge Line 3 CCH order
Draft 401 Certification Line 3 (wq-wwprm1-54a)
Enbridge Line 3–Preliminary Antidegradation Determination for 401 Certification (wq-wwprm1-54b)
- View public comments submitted for the draft 401 water quality certification
Draft certification request and supporting documents
Line 3 Replacement Project 401 Certification Request Letter Nov 2019
Line 3 Replacement Project Revised Antidegradation Assessment
Attachment A - PUC Certificate of Need 2018
Attachment B - PUC Route Permit 2018
Attachment C - Receiving Waters Tables
Attachment D - Wetland Impact Tables
Attachment E - Wild Rice Waters Downstream of the Line 3 Replacement Project
Attachment F - Water Quality Data
Attachment G - Anticipated Water Quality
Attachment H - Environmental Protection Plan
Attachment I - Blasting Plan
Attachment J - Winter Construction Plan
Attachment K - Hydrofracture Analyses
Attachment L - Drilling Mud Additives Information
Attachment M - HDD Inadvertent Release Response Plans
Attachment N - Post Construction Wetland & Waterbody Monitoring Plan
Attachment O - Riparian Information at Waterbody Crossings
Attachment P - Compensatory Wetland Mitigation Plan
Contaminated Sites Mgmt Plan
Environmental Monitor Control Plan
Operational Pipeline Plan
- Line 3 Project review matrices
Previous documents
Enbridge Line 3 Replacement Project in Minnesota – Section 401 Water Quality Certification Denial
Enbridge Line 3 Joint Application for 401 Certification and 404 Permit (wq-wwprm1-52g)
Enbridge Oct 29, 2018, 401 Certification Cover Letter to MPCA (wq-wwprm1-52h)
Enbridge Antidegradation Assessment for Section 401 WQ Certification (wq-wwprm1-52i)