Notice2022-17444
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Line 5 Tunnel Project, Mackinac and Emmet Counties, Michigan
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Published
August 15, 2022
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Corps of Engineers (USACE), Detroit District, is reviewing an application pursuant to section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act for a Department of the Army (DA) permit by Enbridge Energy, Limited Partnership (Enbridge) (File LRE-2010-00463-56-A19) to construct a tunnel (the Line 5 Tunnel Project) that would house a replacement segment of Enbridge's Line 5 pipeline crossing the Straits of Mackinac (Straits) in Lake Michigan. The primary Federal involvement associated with the proposed action is the discharge of dredged or fill material into waters of the United States, and the construction of structures and/or work that may affect navigable waters. Federal authorizations for the proposed project would constitute a "major federal action." Based on the potential impacts of the proposed project, the USACE intends to prepare an Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the permit application. The USACE is also preparing an Ethnographic/ Traditional Cultural Landscape Study as part of the EIS and its responsibilities under section 106 of the National Historic Preservation Act.
Full Text
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<title>Federal Register, Volume 87 Issue 156 (Monday, August 15, 2022)</title>
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Pages 50074-50076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17444]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Line 5 Tunnel Project, Mackinac and Emmet Counties,
Michigan
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: The U.S. Army Corps of Engineers (USACE), Detroit District, is
reviewing an application pursuant to section 10 of the Rivers and
Harbors Act of 1899 and section 404 of the Clean Water Act for a
Department of the Army (DA) permit by Enbridge Energy, Limited
Partnership (Enbridge) (File LRE-2010-00463-56-A19) to construct a
tunnel (the Line 5 Tunnel Project) that would house a replacement
segment of Enbridge's Line 5 pipeline crossing the Straits of Mackinac
(Straits) in Lake Michigan. The primary Federal involvement associated
with the proposed action is the discharge of dredged or fill material
into waters of
[[Page 50075]]
the United States, and the construction of structures and/or work that
may affect navigable waters. Federal authorizations for the proposed
project would constitute a ``major federal action.'' Based on the
potential impacts of the proposed project, the USACE intends to prepare
an Environmental Impact Statement (EIS) in compliance with the National
Environmental Policy Act (NEPA) to render a final decision on the
permit application. The USACE is also preparing an Ethnographic/
Traditional Cultural Landscape Study as part of the EIS and its
responsibilities under section 106 of the National Historic
Preservation Act.
DATES: To ensure consideration, all comments regarding the proposed EIS
scope should be received by the Detroit District by October 14, 2022.
ADDRESSES: Written comments regarding the proposed EIS scope should be
addressed to: Line 5 Tunnel EIS, 16501 Shady Grove Road, P.O. Box
10178, Gaithersburg, MD 20898. Comments may also be submitted
electronically at: <a href="https://www.Line5TunnelEIS.com">https://www.Line5TunnelEIS.com</a>. Individuals can also
subscribe to receive EIS updates at this website.
FOR FURTHER INFORMATION CONTACT: For information about this project, to
be included on the mailing list for future updates and public meeting
announcements, or to receive a copy of the Draft EIS when it is issued,
visit <a href="https://www.Line5TunnelEIS.com">https://www.Line5TunnelEIS.com</a> or contact Ms. Katie Otanez at the
USACE at 313-226-5479.
SUPPLEMENTARY INFORMATION: The USACE, Detroit District, intends to
prepare an EIS for the proposed Line 5 Tunnel Project. As part of the
DA permit application review, the Detroit District issued a Public
Notice on May 15, 2020, and held a Public Hearing on December 7, 2020.
The purpose of the notice and hearing was to seek comments and
information to better enable the Detroit District to make a reasonable
decision on factors affecting the public interest. All comments
received to date will be considered by the Detroit District during EIS
preparation.
The USACE's decision will be to issue, issue with modification, or
deny the DA permit for the proposed action. The EIS will assess the
potential social, economic, cultural, and environmental impacts of the
proposed project and is intended to be sufficient in scope to address
Federal, State, and local requirements, and cultural, environmental,
socioeconomic, and Tribal factors related to the proposed action and
permit review.
1. Public Involvement: The USACE invites all affected Federal,
State, and local agencies, Native American Tribes, other interested
parties, and the general public to participate in the NEPA process
during development of the EIS. The purpose of the public scoping
process is to provide information to the public, identify potentially
significant environmental issues for in-depth analysis, serve as a
mechanism to solicit agency, Tribal, and public input on alternatives
and issues of concern, and ensure full and open participation in
scoping for the Draft EIS. To ensure that all of the issues related to
this proposed project are addressed, the USACE will conduct public
scoping meetings in which agencies, organizations, Tribes, and members
of the general public are invited to present comments or suggestions
with regard to the range of actions, alternatives, and potential
impacts to be considered in the EIS. The USACE invites comments on the
proposed scope and content of the EIS from all interested parties.
The USACE will coordinate its review under Section 106 of the
National Historic Preservation Act (section 106) with its NEPA process,
pursuant to 36 CFR 800.8(a) and will use the EIS scoping process to
facilitate consultation under Section 106. The USACE invites all
interested parties to provide comments on identification of and
potential effects to historic properties during the EIS scoping period.
In addition, individuals and organizations with a demonstrated interest
in the project may request to participate as a consulting party in the
USACE's Section 106 review. The USACE will determine whether to grant
such requests.
2. Scoping Meetings: The specific dates, times, and locations of
the meetings will be published in press releases and on the USACE's
project website: <a href="http://www.Line5TunnelEIS.com">www.Line5TunnelEIS.com</a>.
3. Public Comment Availability: Before including your address,
telephone number, email address, or other personal identifying
information in your comment, you should be aware that your entire
comment--including your personal identifying information--may be made
publicly available. While you can ask in your comment that your
personal identifying information be withheld from public review, the
USACE cannot guarantee that this will occur.
4. Proposed Action: Enbridge's Line 5, in operation since 1953,
transports light crude oil, light synthetic crude oil, light sweet
crude oil, and natural gas liquids. It supplies domestic and foreign
refineries throughout the region that produce products such as
gasoline, propane, butanes, diesel, jet fuel, asphalt, and other
consumer products. Line 5 extends for 645 miles between Superior,
Wisconsin and Sarnia, Ontario. In Michigan, Line 5 crosses the Straits,
an approximately 4-mile-long span of water that connects Lake Michigan
and Lake Huron. At the point of and for the duration of that crossing,
Line 5 currently consists of two 20-inch diameter pipes that rest on or
are anchored to the lakebed of the Straits (referred to as the ``Line 5
Dual Pipelines'' or ``Dual Pipelines''). Enbridge is proposing to
construct a tunnel underneath the lakebed of the Straits. This tunnel
would house a new 30-inch single pipeline for light crude oil, light
synthetic crude oil, light sweet crude oil, and natural gas liquids,
replacing the existing, dual pipelines crossing the Straits. The tunnel
would be constructed and operated by Enbridge and owned, upon the
completion of its construction, by the Mackinac Straits Corridor
Authority (Authority). In addition to Line 5, the tunnel would provide
the potential to accommodate other third-party utilities.
The tunnel is being pursued in accordance with the ``Tunnel
Agreement'' that was executed by Enbridge and the State of Michigan on
December 19, 2018. That Agreement was entered in furtherance of Public
Act 359, through which the State of Michigan established the Authority
and delegated to it the right to acquire, construct, maintain, improve,
repair, and manage a utility tunnel across the Straits. The State of
Michigan also granted an easement for the proposed tunnel in December
2018. The 1953 easement for the existing dual pipelines crossing of the
Straits was revoked on November 13, 2020, by Michigan Governor Whitmer
and the Michigan Department of Natural Resources. To date, Enbridge
continues to operate Line 5 through the Straits.
The proposed tunnel would cross below the lakebed of the Straits,
connecting Point La Barbe in Michigan's Upper Peninsula to McGulpin
Point in Michigan's Lower Peninsula, in Mackinac and Emmet Counties,
respectively. The distance between these two land points is
approximately 3.6 miles and represents the shortest distance between
Michigan's Upper and Lower Peninsulas. The tunnel would extend as near
as practicable to Enbridge's existing Line 5 North Straits Facility
located on the north side of the Straits to an opening point as near as
practicable to Enbridge's existing Line 5 Mackinaw Station located on
the south side of the Straits.
[[Page 50076]]
Except for the entrance points on either side of the Straits, the
tunnel would be constructed entirely within the bedrock at depths
between 30 feet and 370 feet beneath the lakebed of the Straits. Once
complete, the proposed tunnel's inside diameter would be approximately
21 feet. The tunnel would be constructed using a tunnel-boring machine.
Pre-cast concrete segmental lining would be installed as the tunnel is
constructed, and the space outside the tunnel's concrete lining would
be filled with low-permeability grout. The tunnel would provide
secondary containment, which is intended to minimize the potential for
leakage of fluids from Line 5 into the lakebed or the Straits. Tunnel
construction activities would result in removal of approximately
364,000 cubic yards of material from underneath the lakebed. The
material would be transported to offsite upland disposal sites.
A shallow launch portal between 400 and 1,000 feet long, 40 to 60
feet wide, and 50 to 80 feet deep would be constructed in uplands
within the southern work area (McGulpin Point) and would serve as the
entry point for the tunnel-boring machine. A circular shaft 70 feet in
diameter and 150 feet deep would be constructed in uplands at the
tunnel-boring machine exit point in the northern work area (Point La
Barbe). The construction area within the proposed limits of disturbance
would be covered in gravel fill. Temporary construction facilities in
uplands would include stormwater ponds, spoil storage and management
areas, a construction water treatment plant, materials storage and
staging areas, office and parking facilities, and a power substation
and generator. Permanent facilities constructed in uplands would
include stormwater ponds, outfall structures, access drives, and a
ventilation building at each end of the tunnel. Remaining areas within
the limits of disturbance would be revegetated.
The proposed project would involve placement of fill into a total
of approximately 0.13 acre of wetlands, including 0.10 acre of
permanent impact and 0.03 acre of temporary impact. The purposes of the
fill include: construction of two outfall structures (0.02 acre wetland
impact), widening Boulevard Drive to the south and east of the work
area for construction equipment access (0.08 acre), and providing
access to an upland materials staging area (0.03 acre). After
completion of construction, the fill in this 0.03-acre area would be
removed, and the area would be seeded with emergent wetland seed mix.
Two water intake structures for construction of the tunnel would be
installed offshore on each side of the Straits. A discharge pipe would
be connected to the southern intake, which would be used intermittently
to discharge treated process water into the Straits. Each intake
structure would be marked with a surface buoy. The offshore intake
structures and discharge pipe would be removed upon completion of
tunnel construction.
A new 30-inch pipeline would be installed within the tunnel and
connected to the existing portions of the Line 5 pipeline. Upon
completion, Enbridge proposes to decommission the existing submerged
Line 5 dual pipelines crossing the Straits by purging, cleaning, and
abandoning them in place.
5. Location: The proposed project is located within Mackinac County
in Michigan's Upper Peninsula and Emmet County within Michigan's Lower
Peninsula and includes subsurface crossing of the Straits. The project
can be located on the U.S. Geological Survey quadrangle map entitled
McGulpin Point, Michigan.
6. Purpose and Need: The purpose of the project is to provide
transportation of light crude oil, light synthetic crude oil, light
sweet crude oil, and natural gas liquids between Enbridge's existing
North Straits Facility and Mackinaw Station, and to approximately
maintain the existing capacity of the Line 5 pipeline while minimizing
environmental risks.
7. Alternatives: A number of project alternatives will be evaluated
in the EIS, including the applicant's proposed alternative and a No
Action alternative, which may entail permit denial, withdrawal, or
alternatives that do not require a DA permit. Additional alternatives
to be considered include alternatives that would avoid, minimize, and
compensate for impacts to the environment within the proposed project
footprint; alternatives that would avoid, minimize, and compensate for
impacts to the environment outside the footprint; alternatives using
alternative practices; and other reasonable alternatives that will be
developed through the project scoping process, that also meet the
identified purpose and need.
8. Scoping Process: The purpose of the public scoping process is to
identify relevant issues that will influence the scope of the
environmental analysis and EIS alternatives. General concerns in the
following categories have been identified to date: potential direct
effects to waters of the United States including wetlands; water and
sediment quality; aquatic species and fisheries; threatened and
endangered species; archaeological and cultural resources, including
the Straits as a Traditional Cultural Landscape; Tribal treaty rights
and interests; recreation and recreational resources; waste management;
aesthetics; noise; air quality; climate change, including greenhouse
gas emissions and the social cost of greenhouse gases; public health
and safety during construction and operations; navigation; erosion;
invasive species; energy needs; environmental justice; needs and
welfare of the people; and cumulative effects. All parties who express
interest will be given an opportunity to participate in the process.
9. Coordination: The proposed action is being coordinated with
Federal, State, regional, and local agencies, and Federally recognized
Tribes. As part of the NEPA process, the U.S. Environmental Protection
Agency, U.S. Coast Guard, Michigan State Historic Preservation Office
(SHPO), Bay Mills Indian Community, Grand Traverse Band of Ottawa and
Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse
Bay Bands of Odawa Indians,
Match[hyphen]E[hyphen]Be[hyphen]Nash[hyphen]She[hyphen]Wish Band of
Pottawatomi Indians, Nottawaseppi Huron Band of the Potawatomi, and
Sault Ste. Marie Tribe of Chippewa Indians have agreed to be
cooperating agencies in the preparation of the EIS. USACE will consult
with the SHPO, Federally recognized Tribes, and other consulting
parties to fulfill its responsibilities under Section 106 of the
National Historic Preservation Act and will consult with the U.S. Fish
and Wildlife Service to fulfill its responsibilities under Section 7 of
the Endangered Species Act.
10. Availability of Draft EIS and Public Comment: The Draft EIS is
estimated to be available for public review and comment in the fall of
2023. At that time a 60-day public review period will be provided for
individuals and agencies to review and comment on the Draft EIS.
Kimberly A. Peeples,
Brigadier General, U.S. Army, Commander, Great Lakes and Ohio River
Division.
[FR Doc. 2022-17444 Filed 8-12-22; 8:45 am]
BILLING CODE 3720-58-P
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</html>Indexed from Federal Register on August 15, 2022.
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