Army Corps of Engineers greenlights public comment period on Line 5 tunnel

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The Mackinac Bridge in the Straits of Mackinac, May 27, 2024 | Susan J. Demas
Enbridge Energy's controversial Line 5 tunnel project will move forward to a 30-day public comment period after the U.S. Army Corps of Engineers on Friday released a draft environmental impact statement, which did not clear the project of all and potentially significant environmental concerns raised by activists and lawmakers opposed to the pipeline and its proposed tunnel.
The proposed plan is to construct a 3.6 mile tunnel under the lakebed of the Straits of Mackinac that would house a replacement segment of Line 5. The pipeline consists of two 20-inch diameter pipes that are buried in sediment near the shore and rest on, or are anchored to, the lakebed of the Stratis, the U.S. Army Corps of Engineers said.
Enbridge's aim is to have that tunnel approved for permitting by the federal government through the Army Corp's review process. It is their preferred alternative to no action from the Corps, which the company has said could result in less environmental security and certainty. Other alternatives include bolstering the tunnel with protective materials or the decommissioning of the pipeline altogether, which is what Gov. Gretchen Whitmer and Attorney General Dana Nessel set out to do shortly after they entered office in 2018.
Enbridge called the release of the impact statement and opening the public comment period a significant milestone for the project.
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'It is the result of more than five years of rigorous and comprehensive permit review and stakeholder engagement including input from Tribes and is a critical step forward in planning a project that will modernize energy infrastructure, protect the Great Lakes, and ensure long-term energy reliability for Michigan and the broader region,' said Enbridge spokesperson Ryan Duffy. 'We appreciate the extensive technical work that went into this document and the opportunity to contribute detailed responses to numerous data and information requests – demonstrating our commitment to transparency and environmental, social and cultural responsibility.'
Duffy added that it was Enbridge's goal for the proposed tunnel and the existing line to have 'the smallest possible environmental footprint.'
'The tunnel design already reflects that intent, and we will use the USACE's findings from the [impact statement] to further refine the project,' he said.
Some activists who have fought against the continued operation of the line said this week that more work was needed to prevent the project from moving forward, while others said were disappointed in the state's efforts to shut down Line 5.
Andrea Pierce, founder of the Michigan Anishinaabek caucus and policy director at the Michigan Environmental Justice Coalition, said Michigan needed to have good, clean, safe water for them to drink, to fish, to hunt, to gather. Those were also the hallmarks of the treaty rights granted to Tribes in Michigan.
Pierce was critical of Whitmer's actions thus far.
'Governor Whitmer has done some things. She has [attempted to] shut them down. She revoked their easement. But that's it,' Pierce said. 'What else is being done? It's operating illegally. That pipeline for years now [has been] operating illegally. They're still making a profit off of us, off of Michigan citizens. They are making a profit, these Canadian companies, that needs to stop.'
Enbridge initially filed to apply for permits to build the tunnel in April 2020. The U.S. Army Corps of Engineers has been working on the draft economic statement since then. In April, the Corps said its evaluation would move forward on a shortened timeline following an executive order from President Donald Trump.
U.S. Army Corps of Engineers confirms Line 5 tunnel review to move forward under shortened timeline
Meanwhile, the existence of Line 5 and its continued operation has been fought out in a winding legal battle that remains active even as the project hit a milestone of forward progress on Friday.
Public comment on the project will end on June 30. Virtual public meetings are scheduled for June 18 and June 25, and comments will be collected online or through written submissions, which can be mailed to 6501 Shady Grove Road, P.O. Box 10178, Gaithersburg, MD 20898.
The impact statement released Friday factored in many rounds of previous public comment and input from Tribal organizations, as well as analysis of the project plans and potential alternatives.
The upshot: Enbridge's tunnel project could have numerous consequences for land ownership and land use, land and water-based recreation, water resources, area aesthetics and air quality, as well as biological, cultural and soil resources.
As to the cultural resources affected, construction and operation of the tunnel would have adverse effects on archaeological sites and an existing archaeological district. Each of the activities associated with construction were listed as events that would destroy archaeological resources within the project footprint.
Impacts to Tribal treaty rights were not noted in the report, but the Corps said those issues would be determined in its decision materials following the new round of public comment.
A change of land ownership might be necessary at certain laydown areas as Enbridge would have to purchase land within the sites or acquire temporary or permanent easements.
Direct, long-term and permanent detrimental impacts were associated with the project, the Corps said, as it related to undeveloped forest land that would need to be transformed into industrial sites, permanently altering the geology along the proposed tunnel site.
Direct and detrimental effects to nearby recreational sites were noted due to the noise and aesthetic impacts of construction. Those impacts would likely end when construction was completed, however.
Groundwater could be affected, but aquifer testing along the tunnel alignment site showed the surrounding aquifer would recover in a matter of days following construction. There is, however, concern for the potential release of drilling fluids and other contaminants associated with onshore material storage and the use of heavy equipment.
That said, the Corps noted that those impacts would also end once construction ceased – but with a heavy caveat that the construction contractor would have to adhere to a spill plan and monitor onsite and nearby well water for up to two years following completion.
To that end, surface water could be greatly affected by the project, as it would disturb the Straits during the installation of a water intake pipe. Approximately 20,000 gallons of drilling fluid – consisting of water and bentonite – would be released. The features would be removed following construction.
The turbidity and sedimentation in the area would be affected on a limited basis in the work area, but direct and detrimental impacts were noted to surface water adjacent to the construction site due to erosion and sedimentation.
An adherence to mitigation measures as a part of any approved permits would alleviate some of those concerns, and any long-term increases in stormwater would be managed by a permanent stormwater system.
Again, the Corps noted detrimental impacts associated with the unintended release of contaminants like equipment fuel.
Vegetation and wildlife disturbances in the area were also listed as factors, the latter of which would come from blasting activities during site preparation and the presence of workers in wildlife areas. The loss of approximately eight acres of habitat for protected species was noted, which would require ongoing coordination with the federal government and the Michigan Department of Natural Resources.
Air quality would also be disturbed during construction, and proposed ventilation fans would add to noise nuisance, but only on an intermittent basis. The possibility of harmful emissions were noted to be significantly higher with Enbridge's proposed version of the tunnel project compared to an alternative that includes a gravel and protective rock cover.
The reliability of the tunnel and its safety assurances were also analyzed by the U.S. Army Corps of Engineers, but the report noted that the possibility of a catastrophic anchor strike, which could potentially release oil into the Great Lakes, would be eliminated with the presence of a tunnel.
Decommissioning the line also carried some potential localized and short-term consequences, the Army Corps said.
Reactions to the project's forward progress were mixed, at best.
Great Lakes Michigan Jobs – a business coalition composed of the Detroit Regional Chamber, the Grand Rapids Chamber, economic development organization InvestUP and the Upper Peninsula Construction Council – said in a joint statement issued Friday that they were ready to support the tunnel project as the public comment period commenced.
The group also said that it was time to grant the project its permits to build the tunnel.
'Line 5 is an important piece of energy infrastructure for the continent, providing Michiganders with critical light crude and propane extracted from Canada,' Brian Shoaf, vice president of Public Policy and Business Advocacy with the Detroit Regional Chamber, said in a statement.
Josh Lunger, vice president of government affairs with the Grand Rapids Chamber, said the tunnel wasn't just an energy project, it was a strategic infrastructure investment.
'Across the entire state, we count on Line 5. It powers our businesses, our job sites, and even our homes,' Lunger said in a statement. 'The Army Corps has been reviewing permit applications for more than five years. It's time to grant the permits.'
Those who have been opposed to the project have said for years that the pipeline is a danger to the Great Lakes and the Straits of Mackinac. The tunnel project, in their view, would not alleviate the environmental concerns, but only stands to exacerbate them.
As lawmakers and business leaders met for the Detroit Regional Chamber Mackinac Policy Conference this week on Mackinac Island, including Gov. Gretchen Whitmer, who gave a speech to the conference Thursday night, so too did activists gather to express concerns over Line 5.
Ahead of the governor's annual speech, protesters marched through downtown Mackinac Island, where they planned to rally outside the Grand Hotel for a press conference denouncing the tunnel project.
The protesters, however, were turned away at the bottom of the hill approaching the hotel by a person who said he was there on behalf of the hotel. The man informed the protesters that the sidewalks and roads leading to the hill were private property owned by the Grand Hotel.
That did not deter the protesters from being heard, even as they were diverted away from the hotel.
'Governor Whitmer has stood up for the Great Lakes and all of us before, by revoking Line 5's illegal easement, but her work isn't done,' said Beth Wallace, the Great Lakes climate and energy director at the National Wildlife Federation. 'Now, Enbridge wants to blast and drill through the Great Lakes for years just to extend [the] life of a pipeline that will soon reach 80 years old and has already spilled at least 35 times. Meanwhile, the Great Lakes business network and regional experts confirm the project is absolutely not needed,'
Wallace added that decommissioning Line 5 was 'the only honorable path forward, and means we're honoring treaties and public trust, supporting domestic energy supplies and alternatives, creating more jobs in decommissioning, avoiding noticeable price increases, and it's important to notice we are paying for the tunnel.'
'Those price increases are going to happen in the rates that Enbridge is already setting,' Wallace said. 'The proposed tunnel isn't about safety or providing our communities with energy, it's about Enbridge's profits.'
Michigan Advance reporter Kyle Davidson contributed to this report.
This story was updated to reflect that the correct name is the Michigan Anishinaabek caucus.