ENBRIDGE VIOLATIONS

With 321 miles of two separate pipes to install, the size of the Enbridge Pipeline construction operation is unprecedented in Wisconsin. Two to four construction spreads may be active at any one time, with numerous contractors and construction crews at each site. Even with the oversight of several Enbridge-employed environmental inspectors and three Independent Environmental Monitors reporting directly to WDNR, we see widespread non-compliance with wetland and waterway protection permit conditions.

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Read on for summaries and photographs of wetland and waterway permit compliance concerns including:
>> Violations of mandatory best management practices for the restoration of wetland soil
>> Violations of mandatory best management practices for erosion control
>> Rutting and compaction of wetland and stream bank soils
>> Violations of mandatory best management practices related to trench dewatering activities
>> Other miscellaneous incidents



Violations of mandatory best management practices for the restoration of wetland soil

Between March 5, 2007 and September 14, 2007, environmental monitoring reports showed 28 incidents of violations of mandatory best management practices for the restoration of wetland soil. Examples include: failure to separate topsoils from subsoils: failure to separate wetland soils from upland soils: thorough mixing of topsoils and subsoils; inappropriate placement of trench spoils in wetlands; spreading of wetland topsoils in areas other than directly above the trench from which they were dredged, and others. These incidents violate permit conditions #37 & 61 and details of approved Environmental Construction Plans and Environmental Mitigation Plans.



Quote from open record document report #: 2-JV-072
Non-Compliance - MP 165.6, sub-soil excavated for a bell hole for tying in the 42-inch pipeline was placed on the temporary work side of the right-of-way. Topsoil stripped previously by another crew from the 42-inch trench line had been stored along the outer edge of the timber mats, and when sub-soil was placed off the mats the topsoil was covered or partially covered, making recovery difficult or impossible.


Quote from open record document report #: 4-DD-032
Communication –Wetland MQ-W10 (MP 243.8). The segregated topsoil from the ditch line in the wetland was being spread across existing lines 6A and 14…the topsoil was segregated over the trench line only and should be returned there. Now, only a thin layer of topsoil over the trench remains with the subsoil exposed in places. Also, spreading the topsoil across the existing lines reduces the perception of a crown, which is evident throughout the wetland in places.

Why this matters: Careful segregation and replacement of wetland subsoils and topsoils is critically important to the successful restoration of wetlands along the route because the topsoils contain the native seed bank and the right soil properties for the re-establishment of native plant communities.



Violations of mandatory best management practices for erosion control

Between March 5, 2007 and September 14th, 2007, environmental monitoring reports showed 22 incidents of violations of mandatory best management practices for erosion control. These include failure to install and secure erosion control devices, failure to repair damaged erosion control devices, and the direct failure of erosion control devices during rain events. Many of these violations led to the delivery of substantial amounts of construction sediment to wetlands and waterways. As of 9/12/07 problems identified after an 8/28/07 rain event had still not been repaired and cleaned-up. These incidents include violations of permit conditions #31, #39, #40, & #41.



Quote from open record document report # 1C-ST-019:
Noncompliance: MP 68.45. SA-S3, Tributary to Hauer Creek. Water Bar and Straw Bale erosion control measures placed across the travel lane were not maintained. Overnight Rain event caused significant sedimentation into the stream. Sediment deposits extend 100 yard off right of way covering much of the rocky stream bottom. Erosion control measures placed around the spoil pile at the top of the south approach failed. Sediment flowed down slope into the stream.


Quote from open record document report #4-DD-045:
Incident - The waterbars installed on the slope immediately north of Wetland JE-W1 (MP 296.7) apparently failed sometime during the rain events that occurred last week, resulting in gully erosion on the slope and a substantial amount of sediment entering the wetland. The silt fence installed across the wetland boundary was easily overwhelmed, judging by the amount of area that was affected in the wetland. The sediment covered an area up to 100 feet long and 75 feet wide on the ditch side of the ROW.

Why this matters: Sediment deliver to wetlands and waterways reduces water quality, and thus habitat values, for fish and aquatic life. Sediment deposition also changes the bottom elevation of streams, altering substrate and habitat values. Subtle changes in wetland elevation are widely understood, among other things, to impact wetland hydrology and often create conditions conducive to the proliferation of nuisance plants.



Rutting and compaction of wetland and stream bank soils

Between March 5, 2007 and September 14th, 2007, environmental monitoring reports revealed 10 incidents of rutting and compaction of wetland and stream bank soils. The most common cause of soil rutting and compaction was the failure of construction crews to use or stay on timber mat roads in wetlands. Timber mats are used to distribute the weight of construction equipment to minimize soil disturbance during construction. These incidents include violations of permit condition #82 and a variety of best management practices required by the approved Environmental Construction Plan.



Quote from open record document report #: 1C-ST-026:
Communication: Set on Weights that were placed along the west side of the mats within Wetland SA-W16 appears to be sinking.


Quote from open record document report # 4-DD-040:
Noncompliance - Excessive rutting (> 6 inches) occurred when vehicles were driven off the equipment mats within the temporary work space in Wetland AD-W8 (MP 213.8).

Why this matters: Rutting and soil compaction can lead to altered hydrology. Wetland hydrology exerts a strong influence plant colonization and survival and other habitat features.



Violations of mandatory best management practices related to trench dewatering activities

Between March 5, 2007 and September 14th, 2007, environmental monitoring reports document numerous incidents of the placement of trench dewatering filter bags in wetlands and some incidents of equipment failure with these bags leading to the discharge of sediment-laden water to wetlands.

Quote from Report # 4-DD-043:
Communication: The contractor (Michels) was dewatering the ditch line in Wetland MQ-W16 at ~MP 251.3 in an attempt to lower the water level prior to trench excavation. The discharge was directed into a filter bag that was located in a well-vegetated area just north of Grouse Road. The water exiting the filter bag was acceptable; however, the water picked up sediment immediately adjacent to the road and silt-laden water subsequently crossed over the road into Wetland MQ-W17.

Why this matters: See above.



Other miscellaneous incidents

In addition to the common problems mentioned above, between March 5th and September 14th, environmental monitoring reports identified more than 20 other incidents of permit violations including: failure to remove construction debris from wetlands; failure to adequately identify or mark wetlands (#81); clearing of trees and vegetation from wetlands without prior approval; widespread crowning of soils above trenches after backfilling (#25, 94); soil subsidence in wetlands and stream banks (#25); collapse of stream banks; removal of timber mats before completion of wetland restoration (#83); failure to clean soils off of timber mats before moving them to new locations (#104); and the tracking of upland soils on timber mats.

Quote from Report # 4-DD-036:
Incident - During the 42-inch diameter pipeline crossing of Trib. #2 to Fordham Creek AD-S15 (MP 225.3), the trench walls were collapsing just beyond the row of sheet pile on both sides of the creek. The north side of the creek was more severe with the cave-in extending well under the equipment mats on the working side.


All photographs and photo captions on this page are excerpted directly from Environmental Monitoring Reports provided by Independent Environmental Monitors to WDNR. Our authority to review and distribute this information is protected under Wisconsin’s Open Records law.



Additional information about the project is available at the following links:

  • Enbridge project Environmental Assessment
  • Corps' public notice for the Enbridge project
  • Project documents from Enbridge’s permit applications