HomeMy WebLinkAbout5.a.b. Flint Hills Site Plan Review, Setback Variance and Screening Variance Requests4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
Board of Appeals and Adjustments Meeting: February 26, 2013
Tentative City Council Meeting: March 19, 2013
AGENDA ITEM: Case 13- 06 -SP; 13 -07 -V; 13 -08 -V; Flint Hills
Resources Site Plan Review, Setback
AGENDA SECTION:
Variance, and Screening Variance Request
Public Hearing
for Rail Car Storage and Associated Rail
Tracks.
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO. 5.a. and
5.b.
ATTACHMENTS: Site Location Map; Aerial Imagery; Rail
Staging Addition /Future 140th Street with
Landscaping; Project Narrative; Investing in
the Future of the Pine Bend Refinery;
Proposed Propylene Sphere Grading Plan;
APPROVED BY:
Loading Track Plan; South Yard Plan;
Dakota County EAW Comment Letter;
Minnesota Department of Transportation
EAW Comment Letter; Rosemount EAW
Comment Letter; Metropolitan Council EAW
Comment Letter.
RECOMMENDED ACTION: MOTION to Approve a Variance allowing No (Zero Foot)
Setback for the Rail Car Storage from the Union Pacific Railroad Property Line.
MOTION to Deny the Variance from the Outdoor Storage Screening Requirement from US
Highway 52.
(Need to recess Board of Appeals Meeting and re- convene regular Planning Commission meeting before making the
following motion.)
MOTION to Approve the Site Plan for the Rail Car Storage and Associated Railroad Tracks,
Subject to the Following Conditions:
1. Provision of a Letter of Credit for 110% of the Value of the Landscaping required for
screening from US Highway 52.
2. Installation of one -third of the required landscaping in each year of 2013, 2014, and
2015.
3. Negative Declaration of Need for an EIS by the Minnesota Pollution Control Agency
regarding the Environmental Assessment Worksheet or Satisfactory Completion of
an EIS as required by the MnPCA.
4. Conformance with the City Engineer's Memorandum dated February 22.
SUMMARY
Applicant & Property Owner: Flint Hills Pine Bend, LLC
Location: North of 140th Street; West of US Highway 52; East of
Blaine Avenue /Rich Valley Blvd
Comp. Guide Plan Designation: GI — General Industrial
Current Zoning: HI — Heavy Industrial
Flint Hills is proposing a tank expansion, loading spur track, and a rail car storage area with associated
railroad track. The three proposals are designed to store and ship propylene. The tanks and loading spur
are interior to the refinery, adjacent to other tanks and loading spurs, and therefore those two proposals
are minor expansions to existing infrastructure and do not require site plan review by the Planning
Commission. The rail car storage is located south of the refinery and on an area of Flint Hills property
that currently does not contain trackage or rail car storage. Because of that difference, both in geography
and ownership, the rail car storage (and associated railroad tracks) requires site plan review by the Planning
Commission under the Outdoor Storage standards of the HI: Heavy Industrial zoning district. Because the
request represents a visible change in activity along the south side of Flint Hills, staff is scheduling Council
review of these items for their March 19`h meeting.
To approve the rail car storage, Flint Hills has submitted three applications and supporting plans. The
three applications are a Site Plan Review, a Variance requesting a zero setback from the Union Pacific
railroad tracks, and a Variance from the screening requirement from US Highway 52. Staff is supportive
of the Site Plan Review and the setback Variance, but does not support the screening Variance. Analysis
of the staff recommendations is provided in detail below.
BACKGROUND
Flint Hills refinery currently produces propylene, a chemical relative of propane. Flint Hills has identified
a market where Flint Hills can sell its refinery grade propylene (RGP) to plastic manufacturers to be used
in making clear plastic films and disposable cloth. To collect the propylene in quantities that they can
supply to the plastics market, Flint Hills proposes to construct two 84 foot diameter storage spheres
(located adjacent to five existing propane storage sphere), two parallel loading track spurs, (loaded west of
the coke loading spurs), and five parallel tracks about 2,000 feet long each to store up to 120 rail cars. The
rail storage tracks are located directly south of the Union Pacific rail line and about 1,000 feet north of the
140`h Street.
As summarized above, since the two new tanks and the two parallel loading spurs are adjacent to other
tanks and loading spurs, they are a minor expansion to existing uses and therefore do not require Site Plan
Review approval from the Planning Commission. The five parallel rail car storage tracks do happen to be
adjacent to (directly south of) other rail tracks, but those tracks are on Union Pacific owned property and
are exempt from local review. Over the last several years, Staff has had numerous discussions with the City
Attorney regarding regulation of railroads and railroad property. In a nutshell, activities that would qualify
as relating to interstate commerce are not regulated by the City. Four of the five new tracks will be located
on Flint Hills owned property, used for storage and not transportation, and therefore are subject to local
review and approval. The City Code looks at the new track and the rail car storage as a new use on the
property and therefore requires a Site Plan Review by the Planning Commission under the Outdoor
Storage standards of the HI: Heavy Industrial zoning district.
Before evaluating these standards, staff will provide some background on the other plans approved for this
area. Over a decade ago, the Minnesota Department of Transportation (MnDOT) constructed the bridge
decks north of 140`h Street to allow the Union Pacific rail line to travel under US Highway 52 and
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elimination of the at -grade rail line crossing that had existed north of 117`h Street. As a part of that
reconstruction, the City worked with MnDOT and Dakota County to ensure that 140`h Street can be
relocated under US Highway 52 and provide a way to travel from western to eastern Rosemount without
traveling through the County Road 42 /US Highway 52 interchange. Following that construction, the City
acquired an easement within the Union Pacific property, under the bridge deck, that would allow for the
construction of 140`h Street south of the rail lines and a trail south of the new 140`h Street. The City has
designed a road alignment with a 35 mph design speed to construct the new road under the bridge decks.
The City does not have any easements or right -of -way to construct the road across the Flint Hills property.
The road is planned, but construction may not happen until the County Road 42 /US Highway 52
interchange is constructed. Flint Hills has redesigned it five rail car storage lines to stop short of the right -
of -way line needed for the future 140`h Street alignment.
Last year, the Metropolitan Council approved the Rosemount Interpretive Trail Corridor that will connect
Lebanon Hills Regional Park through Downtown Rosemount and onto the Mississippi River Trail
Corridor. The trail alignment uses the easement within the Union Pacific property to travel under US
Highway 52. Because Flint Hills redesigned its rail car storage tracks to stop short of the future 140`h
Street right -of -way, the regional trail corridor will not be impacted by the Flint Hills proposal.
ISSUE ANALYSIS — OUTDOOR STORAGE STANDARDS
Below is the analysis and finding of the proposed outdoor storage of rail cars about 1,000 feet north of the
existing 140`h street.
Heavy Industrial Zoning District Accessory Uses; 11- 4 -16 -1 C.:
Outdoor storage, subject to the following.•
1. Outdoor storage uses are exempt from the site and building standards outlined in subsection 11-4 -16G of this
chapter of the general industrial district.
There are no buildings proposed with the rail car storage and associated tracks.
2. The outdoor storage area shall be designed to limit its effects on adjacent properties and public rights) of way.
The properties adjacent to the rail car storage are zoned either GI: General Industrial of HI: Heavy
Industrial and will not be affected. The redesigned rail car storage tracks do not have an effect on
the existing public rights -of -way and will stop short of the future right -of -way needed for the 140`h
Street realignment under US Highway 52.
3. The storage area shall be covered withpaving, porouspaving, gravel, vegetation, or a combination thereof. If
necessary, this covering shall include additional materials so as to comply with subsection 11 -9 -1 C, "Dust, Dirt,
Smoke, Odor, Gases ", of this title.
The rail storage tracks will be installed upon gravel or rock ballast and therefore will meet this
standard.
4. The storage area shall not take up, or interfere with access to, any required parking, loading, maneuvering or
pedestrian area.
The redesigned storage tracks will stop short of the future 140`h Street realignment and therefore
do not interfere with any existing maneuvering or pedestrian area nor any planned future
maneuvering or pedestrian area.
5. The storage area shall be maintained in a neat and orderly fashion.
The rail cars will be pressurized gas rail cars on five parallel tracks in a neat and orderly fashion.
9
6. No public address system shall be audible from a noncommercial or nonindustrial use or district. This subsection
shall not be read to prohibit or proscribe safety alarms or sirens.
No public address system is needed nor provided for the rail car storage area.
7. The storage area shall be clearly identified on the approved site plan for the project, may only be located in either a
side or rearyard, and shall not encroach into any required accessory structure or building setback
Flint Hills has provided a site plan that clearly identifies the rail car storage area. The storage
tracks are proposed within the side yard of the property adjacent to the Union Pacific rail lines, but
Flint Hills has requested a variance to remove the side yard setback requirement. Staff is
supportive of the variance and that the justification is provided in detail below.
8. All outdoor storage areas shall be set back and screened as outlined below. In no case shall any outdoor storage area
be located within seventy five feet (75') of any public right of way or proper y line.
a. If an outdoor storage area is located between seventy five feet (75) and three hundred feet (300) of a public right
of way, it shall be screened from eye level view from the public right of way by a one hundred percent (100 01o)
opacity screen to a height equal to the items being screened, but not more than thirty five feet (35 ). Screening
shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a
combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than
one hundred feet (/ 00 ) without a change in architecture to reduce its mass and appearance.
The rail car storage track is more than 1,000 feet from 140`'' Street and therefore is exempt
from this provision. The rail storage is within 300 feet of US Highway 52. While Flint Hills
has requested a variance to this standard, staff is not supportive of this variance request. Staff
recommends that landscaping be installed north of the future 140`h Street and south of the new
storage tracks that is within 300 feet of US Highway 52. As a compromise, staff would
recommend a condition that the landscaping be installed incrementally, over the next three
years, provided that Flint Hills provides a Letter of Credit for 110% of the value of the entirety
of the landscaping required.
b. If an outdoor storage area is located between three hundred feet (300) and one thousand feet (1,000) from a
public right of way, it shall be screened from the eye level view from the public tight of way by a seventy five
percent (75 01o) opacity screen to a height equal to the items being screened but not more than thirty five feet (35').
Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening
wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend
more than three hundred feet (300) without a change in architecture to reduce its mass and appearance.
The rail car storage track is more than 1,000 feet from 140`h street and therefore is exempt
from this provision. The rail storage is within 1,000 feet of US Highway 52. While Flint Hills
has requested a variance to this standard, staff is not supportive of this variance. Staff
recommends that landscaping be installed north of the future 140`' Street and south of the new
storage tracks that is within 1,000 feet of US Highway 52. As a compromise, staff would
recommend a condition that the landscaping be installed incrementally, over the next three
years provided that Flint Hills provides a Letter of Credit for 110% of the value of the entirety
of the landscaping required.
c. If an outdoor storage area is located more than one thousand fe et (1,000) from a public right of way, no
screening shall be required.
The rail car storage track is more than 1,000 feet from 140`h Street. No landscaping is required
for the section of storage tracks located more than 1,000 feet from US Highway 52.
4
Based on these findings, staff recommends approval of the Site Plan Review with the four conditions
provided in the recommended motion.
ISSUE ANALYSIS — SETBACK VARIANCE STANDARDS
Below is the analysis and finding of the requested variance for no (zero feet) setback from the Union
Pacific right -of -way.
1. Is variance in harmony with purposes and intent of the ordinance?
The variance request is to reduce the setback from the Union Pacific right -of -way from 75 feet to
zero feet. Since the proposed use within the reduced setback is railroad track similar to the railroad
tracks within the Union Pacific right -of -way, purposes and intents of the HI: Heavy Industry
zoning district are in harmony with the requested variance.
2. Is variance consistent with the comprehensive plan?
The subject property is guided GI — General Industrial by the Comprehensive Plan. This section
of the Plan emphasizes uses that have heavy transportation needs, such as railroad tracks and their
associated rail cars. The proposed setback variance does not conflict with the development
characteristics emphasized by the General Industrial section of the Comprehensive Plan. As a
result, staff finds the variance consistent with the City's Comprehensive Plan.
3. Does proposal put property to use in a reasonable manner?
Staff finds that location railroad tracks adjacent to existing railroad tracks as a reasonable use of the
property. Requiring that the new railroad tracks be installed 75 feet from the existing Union
Pacific tracks would be unreasonable and result in tracks being located closer to the existing 140`"
Street than is proposed. This would be counter to the Ordinance's intention of using distance to
buffer the impact of heavy industrial uses from the public right -of -way.
4. Are there unique circumstances to the pmpery not created by the landowner?
Heavy industrial uses commonly require railroad service. Railroads own the property under their
main lines and therefore a property line in created by receiving railroad service. Construction of
the Flint Hills owned railroad tracks for train car storage should not require a setback simply due
to different ownership of the land under the tracks.
5. Will the variance, ifgranted, alter the essential character of the locality?
The area is planned for general industrial and zoned HI: Heavy Industrial. Granting the reduction
of the setback to construct the new railroad tracks will not alter the industrial character of the
locality.
Based on these findings, staff recommends approval of the variance for no setback from the Union Pacific
right -of -way.
ISSUE ANALYSIS — LANDSCAPING /SCREENING VARIANCE STANDARDS
Below is the analysis and finding of the requested variance to not require the screening requirement from
US Highway 52.
Is variance in harmony with purposes and intent of the ordinance?
The variance request to not require screening from US Highway 52 is not in harmony with the
purpose and intent of the Ordinance. The intent of the HI: Heavy Industrial zoning district is to
use distance as a buffer from the disruptive nature of heavy industrial uses. Screening, through
landscaping or other means, is required when a setback of 1,000 feet cannot be achieved.
Eliminating this screening requirement would not meet the buffering intent.
2. Is variance consistent with the comprehensive plan?
The Comprehensive Plan identifies that industrial uses are necessary to the community but must
be buffered from residential uses or public rights -of -way. Eliminating this screening requirement
would not be consistent with the Comprehensive Plan.
3. Doer proposal put property to use in a reasonable manner?
Construction of railroad tracks with a proper screen from the public right -of -way is a reasonable
use of the property.
4. Are there unique circumstances to the property not created by the landowner?
There are no unique circumstances that would prevent the installation landscaping to screening the
rail car storage from US Highway 52.
5. Will the variance, iifgranted, alter the essential character of the locality?
Eliminating the screening requirement would alter the character of locality of the other
improvement construction in the area that met the screening requirements.
Based on these findings, staff recommends denial of the variance to not require screening from US
Highway 52. As a compromise, staff has recommended a condition within the site plan review approval
that the landscaping be allowed to be installed incrementally over the next three year provided that Flint
Hills provides a Letter of Credit for 110% of the value of the entirety of the landscaping required.
RECOMMENDATION
Staff recommends approval of Site Plan Review and the Variance for no setback from the Union Pacific
right -of -way. Staff recommends denial of the Variance request to not require screening from US Highway
52.
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1601 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 2/22/2013
Current Features O
N Figure 2a
Proposed Features
Approximate Impact Area
Plant Boundary 1,200
Southern Property Boundary of Land Owned
by FHR and Union Pacific Railroad
1 inch = 1,200 feet SITE PLAN
AERIAL IMAGERY - PROJECT DETAILS
0 1,200 Propylene Tanks and Piping
Flint Hills Pine Bend, LLC
Feet Rosemount, Minnesota
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FLINT HILLS
resources®
Pine Bend Refinery
January 29, 2013
Mr. Eric Zweber
Senior Planner
City of Rosemount
2875145th Street West
Rosemount, Minnesota 55068 -4997
RE: Flint Hills Resources Pine Bend, LLC; Site Plans for the Propylene Storage and Distribution
Project
Dear Mr. Zweber:
Attached please find a package of drawings and additional information related to the Propylene Storage
and Distribution Project proposed for the Flint Hills Resources Pine Bend, LLC (FHR) petroleum refinery.
This information is intended to meet the requirements of the Planning Commission for site plan review
of this project. Also attached are two variance requests associated with the proposed project.
Enclosed is Check #3944 in the amount of $1200 for the Site Plan Review FEE. FHR is in the process of
obtaining checks for the Variance fees. We intend to have those to you by February 1.
The primary purpose of the project is to give FHR the flexibility to diversify our product mix by marketing
refinery grade propylene (RGP) that is already produced at the refinery and is a key ingredient in the
manufacture of plastics.
In order to accomplish this, certain additions are needed as described in the MPCA's Environmental
Assessment Worksheet (EAW), which as you know, was published for public comment on January 18th,
2013 (copy attached). The public comment period is due to close on February 20th. It is our hope that
we can obtain copies of any public comments and forward those to the Planning Commission prior to
the Commission's February 26th scheduled meeting.
Following are key components of the project as described in that EAW:
The proposed Project consists of the construction of redundant dryer beds, two steel RGP storage
spheres (total volume 40,000 barrels each, net capacity 32,000 barrels each), and a RGP rail loading rack
as well as piping between these units. The proposed Project also includes building an addition to the
existing rail staging area at the south side of the Refinery.
The propylene spheres would operate at high pressures ( >250 pounds per square inch) and have 8 foot
tall supporting platform below, resulting in an installed height of nearly 84 feet. Figures 2, 2a, and 3
show areas of construction associated with the Project.
As shown in Figure 4, if the proposed Project is implemented, some or all of the RGP that is currently
sent to the Facility's Dimersol Unit would be pumped, via four -inch diameter above ground piping to
two new steel RGP storage spheres. The RGP would remain in the storage spheres until it is sold, at
which time it would be pumped to the proposed RGP rail loading rack and into closed rail cars. The RGP
loading rack would include a vapor combustion unit (VCU). The VCU would capture and destroy residual
volatile organic compounds (VOC) in the RGP supply line.
The proposed additional RGP rail staging area would include five tracks adjacent to an existing rail
staging area to the south of the Refinery fence line on property owned by FHR and Union Pacific
Railroad. The new staging area would accommodate approximately 150 additional rail cars. [FHR added
clarification: Note that the east end of the rail staging area, near Highway 52, will be shortened slightly
to address concerns pointed out recently by the City Engineer. An enlarged view of that portion (draft
form) is attached to this Site Plan review package. ]
Rail cars will be used to bring RGP to market. The limited number of additional rail cars will likely be
absorbed by current rail capacity, so we wouldn't expect a noticeable impact on local rail traffic.
During the loading processes, liquid RGP would be pumped form one of the storage spheres to a new
propylene rack in the Refinery's existing West Tank Farm. During rail car loading, one sphere can be
emptied while the other can concurrently be filled with RGP. Empty FHR -owned rail cars are expected to
be exclusively loaded with RGP to maintain product quality.
The proposed Project does not involve significant demolition or removal of existing structures. The
proposed new storage spheres fit within the Refinery's West Tank Farm without removing any existing
structures. The project is not anticipated to include any new underground process piping. Existing
underground petroleum piping would be sleeved at the point where new rail track crosses over these
lines.
The project is anticipated to begin April, 2013 with a target completion of approximately September,
2014. FHR anticipates that the first rail car would be loaded with propylene for transfer offsite in the fall
of 2014.
There will be no increase in permitted capacity of any processing units and we expect only a slight
increase in total air emissions as a result of this project.
If you have any questions on any of this information, please contact me directly at 651 - 438 -1701.
Sincerely,
Mark W. Colchin
Project Manager
Enclosures
Cc (cover only): Mayor Bill Droste
Kim Lindquist, Community Development Director
Andy Brotzler, City Engineer
FLINT HILLS
r e s o u r c e so
Since it was established as the Great Northern Oil Company in 1955, the
Flint Hills Resources Pine Bend refinery has played a pivotal role in provid
the transportation fuels that power Minnesota and the Midwest. Today, wii
a capacity of 320,000 barrels per day, Pine Bend is among the nation's to
producers of fuels and other petroleum -based products that are essential
to the economy and modern life. Most importantly, Pine Bend is one of the
safest and cleanest refineries operating in the United States, and it contirn
to improve. Since 1997 the Pine Bend refinery has lowered emissions of
traditional criteria pollutants by 70 %, while increasing production to help
meet demand for transportation fuels. The refinery has reduced total on -sii
emissions in 10 of the last 11 years, and its emissions per barrel are 50%
lower than the industry average for large refineries. Pine Bend has also
realized new standards in safety, earning recertification as a Minnesota ST
worksite and reducing injuries by more than 80% over the past 15 years.
Pine Bend is committed to building on its success. With a number of
projects underway and others proposed for implementation over the next
several years, the refinery is focused on maintaining a safe work environmE
becoming more efficient, continuing to lower key emissions, and remaininc
fully compliant with all state and federal regulations. These projects range
in scope from a recently completed $2 million staircase safety structure
around one of Pine Bend's major units to a series of proposed reliability ar
efficiency improvement projects, costing approximately $400 million, whic'
will reduce key emissions and improve the refinery's ability to convert crud
oil into transportation fuels. These new projects are expected to create as
many as 4 million hours of new work, increasing the temporary contract
workforce from a daily average of about 500 people today to more.than
1,000 over at least the next five years. The projects require a permit from t
Minnesota Pollution Control Agency and still must receive final approval fn
Flint Hills Resources management.
Flint Hills Resources is planning a number of projects at Pine Bend that are in various stages of development. Some of
these projects may require permits, and each project is subject to final management
>t!ir _pt wi —gives the
refinery the flexibility to diversify its product mix by
marketing a key ingredient in the manufacturing of
plastics. The project involves building a rail rack and
staging area on Flint Hills Resources' property as wi
as adding two storage spheres.
Crude/ Coker lr pr vers;enL prrjir�cts — involves
replacing three less efficient heaters with two new
state -of- the -art heaters, upgrading an existing process
heater, and making improvements to the refinery's
cooling towers. The new and modified heaters will
include best available control equipment for nitrogen
oxide emissions and will use cleaner- burning natural
gas or fuel gas. The new equipment and process
improvements will lead to more efficient operations,
allowing the refinery to operate closer to its current
design capacity of 320,000 barrels per day while
continuing to make reductions in key emissions.
Wastewater Treatment Pla nt— strengthens
the refinery's wastewater treatment capability and
improves its ability to remove materials from its water
ischa ic
h will help ensure the refinery remains
s eIow its permit limits. Among other things, the
V iect includes adding a large equalization tank and
adding additional oil /water separation equipment.
. r;= tMityg f;epla ,s mpnt— improves the safety
and reliability of essential equipment that allows the
refinery to convert petroleum to fuel. The project
involves replacing two large, 10 -story coke drums that
are reaching the end of their useful lives with newly
fabricated vessels of the same size. One of the largest
cranes in the U.S. will be on site in the fall of 2013 to
install the new drums.
New tAldings— provide space for personnel and
equipment, including adding up to 100,000 square
feet for construction and project management offices,
contractor offices, engineering space, machine shops,
and an upgraded lab. As part of the ongoing safety
improvements, approximately 30 state -of- the -art,
reinforced office modules will be added to provide
contractors a place inside the refinery for regular
breaks and meetings.
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In the last 10 years, Flint Hills Resources' project
investments at Pine Bend have equaled the resources
,required to build more than five Minnesota Twins
baseball stadiums.
Flint Hills spends and invests roughly $300 -400 million
annually to operate and maintain the refinery, which
is a top local employer and Minnesota's most active
continuous construction site.
The Flint Hills Resources Pine Bend refinery employs
more than 900 people full -time and can have between
400 and 2,000 contract workers on -site on any given day.
Statewide, Flint Hills Resources employs more
than 1,000 full -time workers. Separate studies by
Harrah Analytics and the Minnesota Department of
Employment and Economic Development estimate
that Flint Hills Resources is responsible for creating
5,400-7,500 jobs annually in Minnesota.
Newly proposed reliability and efficiency improvement
projects (crude /coker improvement projects),
estimated at $400 million, are expected to create as
many as 4 million hours of new work, increasing the
temporary contract workforce from a daily average of
about 500 people to more than 1,000 over at least
the next five years.
Flint Hills Resources is proud to support many
organizations and programs that help make Minnesota a
special place to live and work.
The annual Flint Hills International Children's Festival in
partnership with the Ordway Center for the Performing Arts
Science Museum of Minnesota programming, school
assemblies, and overnight field trips
Minnesota Zoo traveling "Zoomobile" and school
assemblies
The annual Girls and Science exhibition in partnership
with FOX 9
Ducks Unlimited statewide wildlife preservation and
habitat restoration programs
Pine Bend Bluffs natural prairie and habitat restoration
project in partnership with Friends of the Mississippi
River and Great River Greening
Project Green Fleet and the Minnesota Clean Air
Dialogue in partnership with Environmental Initiative
DARTS Learning Buddies program
Flint Hills Resources Discovery Scholarships
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Physical Development Division
February 15, 2013
Lynn Thompson, Director
Dakota County
Western Service Center
Minnesota Pollution Control Agency
14955 Galaxle Avenue
Steve Sommer
Apple Valley, MN 55124 -8579
520 Lafayette Road North
952.891.7000
St. Paul, MN 55155
Fax 952.891.7031
www.dakatacaunty.us
Re: Flint Hills Resources - Propylene Storage and Distribution Project
Environmental Mgmt. Department
Office of GIs
Mr. Sommer,
Parks and Open Space Department
Surveyor's Office
Transit Office
Thank you for the opportunity to comment on the Environmental Assessment Worksheet
Transportation Department
(EAW) for the Propylene Storage and Distribution Project proposed at the Flint Hills
Water Resources Department
Resources site.
Dakota County and the city of Rosemount have recently completed a master plan for the
Rosemount Regional Greenway adopted by the City, the County, and the Metropolitan
Council. The alignment for the greenway trail passes under Highway 52 at the existing
underpass location, on the south side of future 145th Street, in the area of the proposed rail
yard expansion. The Highway 52 underpass was designed by MnDOT to accommodate the
railroad track, future 145th street, and a trail. The City of Rosemount has an easement of UP
property at this location for the trail and road. The proposed rail yard expansion should be
configured in a manner that would accommodate the Rosemount Regional Greenway Trail
and the future 145th street. Dakota County staff are available to meet with Flint Hills
Resources and Rosemount city staff to discuss how the proposed rail yard, 145th street
connection, and Greenway alignment can be designed to share the underpass at Highway
52.
Thank you again for the opportunity to review the EAW. If you have questions or concerns
regarding Dakota County's comments, please contact Kurt Chatfield in the County Office of
Planning and Analysis by phone at 952 - 891 -7022 or by email at
ku rt.chatfieid(&co.dakota.m n.us.
Sincerely,
Lynn hompson
Director, Dakota County Physical Development Division
CC: Commissioner Mike Slavik, District 1
Commissioner Nancy Schouweiler, District 4
Brandt Richardson, County Administrator
0
Fumed - —yded p4-
"s lax (ad�cv�xmarwane.
M EQVAL OfFCJtTU IT Vy OYM
„p�0 "' Minnesota Department of Transportation
Metropolitan District
V Waters Edge Building
OF 1500 County Road B2 West
Roseville, MN 55113
February 15, 2013
Steve Sommer
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155 — 4194
SUBJECT: Flint Hills Resources — Storage Tanks
MnDOT Review # EAW 13 -001
West side of US 52, across from TH 55
Rosemount, Dakota County
Control Section 1906
Dear Mr. Sommer:
Thank you for the opportunity to review the EAW for the Flint Hills Resources Propylene
Storage and Distribution Project. MnDOT has reviewed the EAW and has the following
comment:
Permits:
Any use of or work within or affecting MnDOT right -of -way requires a permit. It is
anticipated that more specific impacts to MnDOT right -of -way will be determined during
the FEIS and Preliminary Engineering phases. Permit forms are available from
MnDOT's utility website at www.dot.state.mn.us /tecsup /utility.
Please include one 11 x 17 plan set and one full size plan set with each permit
application. Please direct any questions regarding permit requirements to Buck Craig
(651- 234 -7911 or buck.craiggstate.mn.us) of MnDOT's Metro Permits Section.
Review Submittal Options:
MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in
electronically can usually be turned around faster. There are four submittal options.
Please submit either:
1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via
e -mail at metrodevreviews.dotgstate.mn.us provided that each separate e-
mail is under 20 megabytes.
2. Three (3) sets of full size plans. Although submitting seven sets of full size
plans will expedite the review process. Plans can be sent to:
MnDOT — Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B -2
Roseville, MN 55113
3. One (1) compact disc.
4. Plans can also be submitted to MnDOT's External FTP Site. Please send files
to: ftp: / /ftp2. dot. state.mn.us / pub / incoming /MetroWatersEdg_e /Planning
Internet Explorer doesn't work using ftp so please use an FTP Client or your
Windows Explorer (My Computer). Also, please send a note to
metrodevreviews .dot(a�state.mn.us indicating that the plans have been
submitted on the FTP site.
If you have any questions concerning this review, please feel free to contact me at
(651) 234 -7793.
Sincerely,
���Xw P, Z��
Michael J. Corbett, PE
Senior Planner
Copy sent via E -Mail:
Bruce Irish, Water Resources
Nancy Jacobson, Design
Buck Craig, Permits
Lee Williams, Right -of -Way
Jon Solberg, Area Planner
David Sheen, Traffic Engineering
Clare Lackey, Traffic Engineering
Julie Lindquist, Dakota County Program Services
Ann Braden, Metropolitan Council
4ROSEMOUNT
COMMUNITY DEVELOPMENT
February 20, 2013
Minnesota Pollution Control Agency
Attu. Steve Sommer
520 Lafayette Road North
St. Paul, MN 55155 -4194
Dear Mr. Sommer,
This letter serves as the comments from the City of Rosemount regarding the Flint Hills
Resources — Propylene Storage and Distribution Project Environmental Assessment Worksheet
(EAW).
Page 7; Table 8 -1: Flint Hills has submitted for a Site Plan Review of the rail storage track
north of 1406 Street, a variance for no setback from Union Pacific owned rail line, and a
variance from the landscaping /screening requirement from US Highway 52. The public hearing
for these three requests are scheduled for Tuesday, February 26. No rezoning is needed because
all Flint Hills owned property is zoned HE Heavy Industrial. The AG: Agricultural zoning
property west of the rail car storage tracks is owned by the Union Pacific railroad.
Page 7; Item 9 Land Use; Second Paragraph: The refinery is in the City of Rosemount and
therefore there should be no miles between the refinery and the City. Another alternative would
be that the refinery is 4 miles northeast of Downtown Rosemount.
Page 11; Item 17 Water Quality: The existing FHR's SWPPP boundary should be shown on
an exhibit. If the FHR's General Stortnwater Permit is not amended to include the project area,
then the project would be required to manage the water quality in accordance with the City of
Rosemount Stormwater Management Plan requirements.
Page 12; Item 18 Water Quality — Waste Water: Not all of the refinery's wastewater is treated
by the FHR WWTP. The City provides sanitary sewer service to the maintenance building and
the central administration building.
Page 15; Item 21 Traffic: Please quantify the existing train traffic along the existing rail line for
reference.
Page 18; Item 25 Nearby Resources: There is an approved regional trail corridor (Rosemount
Interpretative Trail) that will be using the railroad tight-of-way under US Highway 52. The City
of Rosemount will be considering this trail corridor during the Site Plan Review for the rail car
storage tracks north of 140"' Street.
Page 19; Item 28 Impact on Infrastructure and Public Services: The City has a roadway
easement within the railroad right -of -way under US Highway 52 for the future
extension /realignment of 140`s Street. The City of Rosemount will be considering this roadway
easement and a 35 mph design speed for the 140"' Street extension /realignment during the Site
Plan Review for the rail car storage tracks.
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068 -4997
651- 423 -4411 • TDD /TTY 651 -423 -6219 • Fax 651- 423 -5203
www.ci.rosemount.mn.us
If you have any questions, feel free to contact me at eric.zweberQci.rosemount.wn.us or 651-
322 -2052.
Sincerely,
Eric Zweber, Senior Planner
cc. Don Kern, Flint Hills Resources
IV Metropolitan Council
February 20, 2013
Mr. Steve Sommer
Principal Planner
Minnesota Pollution Control Agency
520 Lafayette Road North
Saint Paul, MN 55155 -4194
RE: Flint Hills Resources Propylene Storage and Distribution Project EAW
Flint Hills Resources Pine Bend, LLC
City of Rosemount, Dakota County, Minnesota
Metropolitan Council District 16, Wendy Wulff
Review File No. 21071 -1
Dear Mr. Sommer:
Metropolitan Council staff has reviewed the EAW for the project described above to determine its
adequacy and accuracy in addressing regional concerns, its potential for significant environmental
impact, and its consistency with regional plans and policies. The Council finds that an EIS is not
necessary for regional purposes, but offers the following comments concerning issues addressed in the
EAW that need to be clarified or expanded upon in the Response to Comments document.
Item 13 — Water Use
The EAW states on page 10 that the project will not involve installation or abandonment of wells,
changes in public water supply, or appropriation of any ground or surface water. The text indicates on
pages 17 and 18, that water or dust suppressants may be applied to exposed soil surfaces and unpaved
roads to control dust. Will existing water appropriations need to be amended to increase water use, or
will water for dust suppression and other construction needs be met using existing water appropriations?
Item 19a — Geologic Hazards and Soil Conditions
The EAW states that there are no sinkholes, shallow limestone formations, or karsf conditions present in
the vicinity of the proposed project. Due to the highly localized nature of sinkholes and other karst
conditions, and the limited number and depth of wells in this area, we recommend this conclusion be
reworded to be clear that there are no documented sinkholes or karst conditions in the area of the
Proposed project. The Prairie du Chien - Jordan aquifer is generally recognized to exhibit karst conditions
throughout the entire metro area, and it should be acknowledged that lack of documentation does not
meals karst conditions are not possible at the site. (See recent MN Pollution Control Agency guidance
document 4 -09 for more information: http:/ /www nca state mn us /index ph /view
document.html ?eid= 3033.) This item should also address the large number of wells identified as
`unlocated' wells, as documented by the MN County Well Index, and the likelihood of additional
unidentified wells that may serve as pathways for contamination to move into drinking water aquifers.
Item 20 — Solid Wastes, Hazardorrs Wastes, Storage Tanks
The EAW states that scrap metal, welding rods, etc, are anticipated to be generated during the
construction phase of this project but this item does not identify any wastes or storage tanks that would
be generated or used during future operation. If this information is described in the requested detail
www.rnetracouncii.org
390 Robert Street North • St. Pau], MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550
TTY (651) 291 -0904
An Egual Opportunity E+nployer
Mr. Steve Sommer
February 20, 2013
Page 2
elsewhere in the document, please summarize the information here and reference additional detail in the
EAW. If not listed elsewhere, please add the required detail here in Item 20.
Item 25c — Nearby Resources -- Designated Parks, Recreation Areas or Trails
Dakota County and the City of Rosemount prepared a master plan for the Rosemount Greenway Regional
Trail, which was approved by the Metropolitan Council in 2012. The Rosemount Greenway Regional
Trail will connect Lebanon Hills Regional Park in Eagan to Spring Lake Park Reserve in Rosemount.
The planned regional trail is considered part of the regional parks system and is protected through the
Council's 2030 Regional Parks Policy Plan. The Council - approved alignment for the regional trail is
planned to cross Highway 52 at the existing underpass near the Flint Hills Resources site and parallel the
highway heading southward for 0.5 miles through the parcel on which the rail yard expansion is planned.
Council staff recommends that Flint Hills Resources, Dakota County and the City of Rosemount
collaborate to ensure that the rail yard expansion and regional trail can be accommodated to share the site
as well as the underpass of Highway 52.
If you have questions about these comments, please contact Jim Larsen PE, Principal Reviewer, at 651-
602 -1159.
Sincerely,
r 7
LisaBeth Barajas, ana r�
g
Local Planning Assistance
cc: Wendy Wulff, Council District 16
Patrick Boylan, Planning Sector Representative
Kyle Colvin, MCES Engineering Services Assistant Manager
Judy Sventek, MCES Water Resources Assessment Manager
Reviews Coordinator
N: \CommDev \L.PA�Agencies \MPCA \Letters \MPCA 2013 EAW Flint Hills Resources Propylene Storage Distribution Project 21071,
l .doc
4ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: February 15, 2013
TO: Eric Zweber, Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works /City Engineer
Kathie Hanson, Planning Department Secretary
FROM: Phil Olson, Assistant City Engineer
RE: FHR Propylene Storage & Distribution Engineering Review
SUBMITTAL:
Prepared by TKDA and Barr Engineering, the Propylene Storage & Distribution plans were
received January 28, 2013. Engineering review comments were generated from the following
documents included in the submittal:
• Location Maps and Aerial Views (5 pages)
• Propylene Layout
• Grading and Drainage Plans (9 pages)
• Rail Plan Drawings (46 pages)
• Stormwater Design Calculations
• Investing in the Future (4 pages)
GENERAL STORMWATER MANAGEMENT PLAN COMMENTS:
The City's stormwater management requirements are proposed to be met by two different
methods. Stormwater for the Propylene Storage Facility is proposed to be directed to the
existing on -site stormwater storage pond. The railroad expansion is proposed to be directed
a newly constructed ditch and a stormwater storage pond.
2. The stormwater storage ponds and ditch areas are proposed to be privately owned and
maintained. The property owner is required to maintain the ponds and ditch so they operate
as designed.
STORMWATER MANAGEMENT PLAN:
Provide a drainage area map demonstrating that the runoff from the railroad expansion will
flow to a stormwater storage area as indicated in the design calculations. The drainage area
map should include contours and area calculations.
The stormwater runoff volume analysis for the railroad track expansion is required to be
updated using the NRCS (SCS -curve number) Method. With the NRCS Method, it is
estimated that the impervious area would generate approximately 1.4 acre -feet of runoff
volume which exceeds the proposed 1.2 acre -feet provided in the design.
3. The water quality calculations are required to be updated using NURP standards. It appears
that the analysis was completed to NPDES standards.
4. Additional infiltration testing and /or a letter from a professional engineer are required to
verify that an infiltration rate higher than that allowed in the engineering guidelines is
justified.
5. The footprint of the stormwater storage areas and high water elevations are required to be
shown on the railroad plans.
6. Ditch checks are recommended throughout the project to prevent erosion.
Should you have any questions or comments regarding the items listed above, please contact me at
651 - 322 -2015.