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)