Public comment period now open
The public notice period for 401 water quality certification is now open. The public notice, draft 401 Water Quality Certification, and preliminary antidegradation determination can be viewed above or on the MPCA’s public notice webpage. To be part of the official record, comments must be in writing and received by 4:30 PM on Friday, April 10, 2020.
Submit comments online: http://401wqc.mpca.commentinput.com/
Submit comments by mail:
Enbridge Line 3 Public Comments
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155-4194
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.
On Friday, November 15, 2019, the MPCA received a new request for 401 certification for the Line 3 replacement project.
- Draft 401 Certification Line 3 (wq-wwprm1-54a)
- Enbridge Line 3–Preliminary Antidegradation Determination for 401 Certification (wq-wwprm1-54b)
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
- 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)