Enbridge Line 3 Pipeline Replacement Project

Enbridge is continuing restoration work around its new Line 3 crude oil pipeline across Minnesota. The project replaces and expands the capacity of the original Line 3 pipeline. The Minnesota Public Utilities Commission issued a Certificate of Need and Route Permit to Enbridge for construction of the Line 3 Pipeline Replacement.

A number of permits, licenses and other approvals from the Minnesota Department of Natural Resources were required for the project. See DNR Decisions section below for further details on these permits. The project also received additional approvals from other agencies and entities, including the Minnesota Pollution Control Agency.

map of minnesota with line across northern half showing route of pipeline
Click to download route map

Recent developments

July 27, 2023

Line 3 aquifer breach investigation near Moose Lake

The Minnesota Department of Natural Resources is investigating Line 3-related construction impacts near Moose Lake. This is a remote and hydraulically complex site near Swatara in Aitkin County.

Through our ongoing investigation, including review of a series of groundwater reports that the DNR ordered, we have recently confirmed that there is a confined aquifer breach at the site. The groundwater flow at the surface from the Moose Lake aquifer breach is estimated at 10-15 gallons/minute, considerably lower than the 100-300+ gallons/minute initially observed at the three other confirmed aquifer breach sites previously investigated by the DNR (Clearbrook, LaSalle Creek and Mile Post 1102.5). 

As part of our investigation, the DNR has required Enbridge to submit a corrective action plan and we will evaluate all corrective action options. The DNR will continue to assess all available information regarding construction-related impacts and restoration work along the Line 3 corridor.

 

October 17, 2022

DNR Line 3 enforcement update

The DNR and MPCA released a joint announcement regarding the results from extensive enforcement investigations of aquifer breaches and water quality violations related to Enbridge Energy’s Line 3 pipeline construction project in northern Minnesota. Combined with previous DNR actions, and in partnership with Fond du Lac Band of Lake Superior Chippewa, these investigations have resulted in more than $11 million in payments, environmental projects, and financial assurances from Enbridge.

 

March 21, 2022

Line 3 aquifer breach investigation and enforcement

The DNR has completed its investigation of three aquifer breaches that occurred during the construction of Enbridge’s Line 3 Replacement Project. This update outlines the results of the investigation and the status of restoration work at each site, building upon the information provided by DNR in the fall of 2021. The DNR continues to work on a comprehensive enforcement resolution, with the goal of addressing restoration, mitigation, and additional penalties associated with the three breach locations. The DNR will not be providing further detail regarding the comprehensive enforcement resolution at this time, but will release a statement upon completion of any final action. You can read the full statement here.

Supporting documents

Clearbrook Terminal Aquifer Breach Site, Clearwater County

LaSalle Creek Aquifer Breach Site, Hubbard County

Mile Post 1102.5 Aquifer Breach Site, St. Louis County

 

January 18, 2022

On January 18, 2022, Enbridge informed the DNR that it has successfully stopped the flow of groundwater at the Clearbrook site. DNR will continue to assess current conditions and monitor the aquifer breach repair for long-term effectiveness.  

In addition, the DNR continues to work on its ongoing investigation and a comprehensive enforcement resolution that will address restoration, mitigation, and additional penalties associated with Clearbrook as well as two other aquifer breaches.

 

October 15, 2021

Minnesota Department of Natural Resources initiates comprehensive enforcement resolution related to Line 3 replacement construction

The Minnesota Department of Natural Resources (DNR) is taking additional actions related to an unauthorized groundwater appropriation by Enbridge during the construction of the Line 3 replacement project near the company’s Clearbrook Terminal. Enbridge will comply with DNR’s previous enforcement actions and work with the DNR on a comprehensive enforcement resolution to this and any other uncontrolled groundwater flows.

The DNR’s initial enforcement actions issued on September 16, 2021 required Enbridge to implement a restoration plan to stop the unauthorized groundwater flow near the Clearbrook Terminal within 30 days. While Enbridge has made progress toward stopping the flow, the company notified the DNR that this work won’t be complete by the DNR’s deadline.

The comprehensive enforcement resolution will hold Enbridge accountable for adherence to all terms of DNR’s previous restoration order and Administrative Penalty Order (APO), as well as require compensation for the additional loss of groundwater during the increased time it takes to complete the work to stop the groundwater flow.

As a condition of initiating this new comprehensive enforcement resolution, Enbridge has agreed to the following terms.

  • Enbridge will provide $3.32 million in penalty and mitigation funds due under the September enforcement action. This includes payment of:
    • $550,000 in initial mitigation and monitoring funds due under the restoration order (received October 14),
    • $20,000 nonforgivable penalty due under the APO, the maximum allowed under state law (received October 14), and
    • $2.75 million in escrow for any necessary fen restoration and mitigation by November 1.
  • Enbridge has also paid an additional $40,000 as compensation to the state for the last 30 days of groundwater resources lost due to uncontrolled flow and agreed to pay for additional future losses.
  • Enbridge will be held accountable for any additional violations under DNR’s jurisdiction. This includes any violations identified through the independent inspection required in the September restoration order.
  • Enbridge will forgo appeal of the September 16 restoration order and APO and meet all corrective action requirements.

As noted above, the comprehensive enforcement resolution will address any other uncontrolled groundwater flows. The DNR is currently investigating two additional sites of uncontrolled flow due to breaches of the confining layers of artesian aquifers. While DNR cannot comment further on these sites due to the ongoing investigation, the comprehensive nature of the enforcement resolution ensures that Enbridge will be held accountable for the loss of groundwater and any other environmental damages under DNR’s jurisdiction that result from these breaches.

DNR Commissioner Sarah Strommen stated: “The comprehensive enforcement resolution builds on our previous enforcement actions and ensures Enbridge is held fully accountable for damages to Minnesota’s valued natural resources and violations of state law.”

Enbridge Project and Higgins Eye Pearlymussel

DNR Statement Regarding Enbridge project and Higgins eye pearlymussel (8/7/21)

Enbridge construction and water appropriation suspensions

Update regarding Enbridge construction and water suspensions (7/23/2021)

Enbridge construction and surface water appropriation permits

Enbridge had two separate surface water appropriation permits that authorized water use from several different surface waters. One permit was for dust control (No. 2018-3421) and the other was for hydrostatic testing and horizontal directional drilling (No. 2018-3690). These permits ended on November 12, 2021, as pipeline construction transitioned to restoration work.

Trench and Construction Dewatering Permit Amendment

On June 4, 2021, the DNR amended Enbridge’s Trench and Construction Dewatering Permit (#2018-3420) to increase the authorized volume of dewatering from 510.5 million gallons to 4,982.7 million gallons. Enbridge requested this amendment after winter and spring construction required significantly more dewatering than was anticipated.

Enbridge subsequently requested an amendment to extend the expiration date and reduce the authorized volume of dewatering to 1,000 million gallons. The DNR issued the current amended permit August 12, 2022, with an extended expiration date of December 31, 2023.

By its nature, trench dewatering is only needed when groundwater seeps into a construction trench. The trench dewatering itself has very little impact in terms of affecting water resources in the construction area. Dewatering occurs at any single location for only a few days. The shallow water table in that area is temporarily lowered during dewatering operations. This water is then infiltrated back into the ground in close proximity to where it was removed, to help mitigate the temporary impact. Temporary dewatering of trenches for the Line 3 project is not expected to have any significant impact on nearby wetlands or other surface waters.

DNR decisions

These decisions mean that the proposed project meets the applicable State of Minnesota environmental regulatory requirements to receive these approvals.

*Signed versions of these permits are available upon request.

Decision documents

November 12, 2020: The DNR has made decisions granting an additional eight of ten required DNR permits, licenses and approvals for the proposed Enbridge Line 3 pipeline replacement project. After careful consideration of applicable state laws, all input received and the administrative record, the DNR has issued the following eight permits/approvals:

Utility Crossing License for Public Land Utility Crossing License for Public Water Threatened and Endangered Species Taking Permit Work in Public Waters for Willow River Bridge Permit* Work in Public Waters for Public Water Wetlands on Private Land Permit Water Appropriation for Dust Suppression Permit*

October 19, 2020: The DNR has made decisions granting two of ten required DNR permits, licenses and approvals for the proposed Enbridge Line 3 pipeline replacement project. After careful consideration of applicable state laws, all input received and the administrative record, the DNR has issued the following two permits/approvals:

Notice of Gully 30 Calcareous Fen Management Plan Permit Gully 30 Fen Water Appropriation Permit Water Appropriation for Hydrostatic Testing and Horizontal Directional Drilling (HDD) Permit*

On June 4, 2021 the DNR issued an amended water appropriation permit to Enbridge for trench and construction dewatering. The amendment was issued in response to an Enbridge request due to encountering greater amounts of groundwater during construction than was anticipated. The original October 19, 2020 permit and October 19, 2020 decision may be accessed. The amended permit and decision document are below.

Enbridge subsequently requested an amendment to extend the expiration date and reduce the authorized volume of dewatering to 1,000 million gallons. The DNR issued the current amended permit August 12, 2022, with an extended expiration date of December 31, 2023. The amended permit is below.

Enbridge applications

Enbridge has submitted applications for the DNR permits and licenses. The DNR has reviewed the applications for completeness and compliance with Minnesota statutes and rules.

Final Applications

Utility crossing licenses

Prior to crossing state land or public waters with a utility infrastructure project, companies must obtain a utility crossing license from the DNR. Utility licenses are for a term of 25 or 50 years, and may be renewed when they expire.

Utility crossing license for public land

Enbridge needs a utility crossing license for construction and operation of the pipeline on state lands. The proposed pipeline route will cross state forests, school trust land, state trails, and an aquatic management area.

Status: Approved

Utility crossing license for public water

Enbridge needs a utility crossing license for construction and operation of the pipeline on public waters. The proposed pipeline route would cross 68 lakes and rivers designated as public waters.

Status: Approved

Public waters work permits

Proposed projects that might affect the course, current, or cross-section of lakes, wetlands and streams identified on the Public Waters Inventory may require a public waters work permit.

Public water wetlands on private land

Enbridge does not need public waters work permits for areas that are subject to the Utility Crossing License for public waters. A public waters work permit is needed for areas where the pipeline proposes to cross a public water wetland on non-state land.

Status: Approved

Willow River Bridge

Enbridge proposes to install a bridge over the Willow River for access to a proposed valve site. A work in public waters permit would be required for this installation.

Status: Approved.

Water appropriation permits

A water appropriation (use) permit is required for all users withdrawing more than 10,000 gallons of water per day or 1 million gallons per year.

The Line 3 Pipeline Replacement Project would require a water appropriation permit for several types of activities. The DNR required Enbridge to apply for four separate water appropriation applications based on the type of proposed use:

Water for hydrostatic testing and horizontal directional drilling

Water would be needed for hydrostatic testing of the newly constructed pipe and also needed as a source for horizontal directional drilling. Most of this water would come from surface waters near the proposed construction activities.

Status: Approved

Trench and construction dewatering

Water appropriation permits would be needed to allow Enbridge to remove water from pipeline trenches and other construction areas during project construction.

Status: Approved

Dust control

Water would be needed for dust control during construction activities. Most of this water would come from surface waters near the proposed construction activities.

Status: Approved

Construction near gully 30 (calcareous fen)

A specific water appropriation would be needed for construction activities near the Gully 30 calcareous fen.

Status: Approved

Threatened and endangered species takings permit

A permit is required for activities that impact endangered or threatened plants or animals.

The Line 3 Replacement Pipeline Project would need a permit for the take of endangered and threatened plant species that cannot be avoided along the route.

Status: Approved

Calcareous fen management plan

Calcareous fens may not be filled, drained or otherwise degraded, wholly or partially, by any activity, unless the commissioner of natural resources expressly allows such impact under an approved management plan.

The Line 3 Pipeline Replacement project proposes construction through a calcareous fen (Gully 30) located in Polk County.

Status: Approved (An amended Notice of Decision was issued on November 10, 2020. This amendment corrected typographical errors in the previous decision. No substantive changes have been made.)

The DNR also required Enbridge to apply for a separate water appropriation permit for construction dewatering activities near the Gully 30 Fen because of the fen's sensitivity to disturbance.

DNR access leases

Enbridge is required to secure short- and long-term leases for construction and operation of the Line 3 Replacement Pipeline on DNR-administered land. These leases would accommodate needs such as temporary workspaces on DNR-administered land that are outside of the Utility Crossing License right-of-way.

The Line 3 Pipeline Replacement Project would need state land leases for access roads and temporary workspaces on DNR-administered land that are outside of the Utility Crossing License right-of-way.

Status: Approved

More information

Online informational webinars

The DNR held three informational webinars focused on the project, the DNR's decision-making process and how people can comment on the company's applications. Each webinar was approximately 90 minutes and included a 30-minute question and answer period.

Webinar 1 - Project overview and DNR's role in permitting, Monday, April 29, 2019.

Webinar 2 - Project application information, Tuesday, April 30, 2019.

Webinar 3 - Project application information, Monday, May 6, 2019.

Other agencies

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