The Wisconsin Department of Natural Resources announced Thursday afternoon its decision to issue permits with conditions as part of Enbridge’s proposal to replace a segment of Line 5.
The reroute will go through Ashland and Iron Counties in Wisconsin.
In 2019, the Bad River Band filed a lawsuit arguing Enbridge was trespassing on its Reservation and sought immediate removal of the pipeline.
Since then, Enbridge has been working to reroute the pipeline south of the reservation.
The existing line runs for 645 miles from Superior, Wisconsin to Ontario, including a 12-mile segment that passes through the Bad River Reservation.
Enbridge is proposing to replace 20 miles of existing pipeline with 41 miles of new pipeline routed entirely outside the reservation’s border.
The Wisconsin DNR said the wetland and waterway permit “authorizes Enbridge to conduct specific construction-related activities that impact navigable waterways and wetlands as specifically described in the permit application, associated plans and permit conditions.”
The permit contains more than 200 conditions to ensure compliance with the state's wetlands and waterways standards.
Approvals from both the DNR and U.S. Army Corps are needed before the project can proceed.
Additional DNR permits or approvals for discharge of hydrostatic test water, dewatering of groundwater, burning of slash and incidental take of listed species may also be required.
According to the DNR, Enbridge has also applied for a U.S. Army Corps of Engineers permit to discharge dredged or fill material to waters of the United States under Section 404 of the Clean Water Act, which is required before the project can proceed. The DNR has issued a water quality certification with conditions that serves as a determination that the project as proposed will meet State of Wisconsin water quality standards. The U.S. Army Corps will consider Wisconsin’s water quality certification as part of their permitting process.
