[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Pages 50074-50076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.Line5TunnelEIS.com. 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 https://www.Line5TunnelEIS.com 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: www.Line5TunnelEIS.com.
    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]
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