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Home My WebLink About6.c. FHR EXECUTIVE SUMMARY Planning Commission Regular Meeting: August 23, 2022 Tentative City Council Meeting: September 20, 2022 AGENDA ITEM: 22-67-TFP Request by Flint Hills Resources for approval of a Transmission Facility Permit to construct a pipeline between its Pine Bend Refinery and CF Industries’ anhydrous ammonia terminal. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.c. ATTACHMENTS: Site Location; Applicant’s Narrative and Supporting Documentation; Tree Inventory and Replacement Exhibit APPROVED BY: AK RECOMMENDED ACTION: Motion to recommend that the City Council approve the Transmission Facility Permit for Flint Hills Resources, subject to the following conditions: 1. Submittal and approval of a City Utility Permit from the City Engineer. 2. All construction and restoration activities shall conform to the City of Rosemount General Specifications and Standard Detail Plates for Street and Utility Construction. 3. Construction hours outside of those specified in City Code Section 9-7-2 are permitted provided the extended hours are necessary to complete horizontal directional drilling work for long runs that cannot be completed during the permitted construction time period. The applicant shall provide advance notice to the City when activities will extend beyond the working hours specified by the City Code. 4. The permit shall expire at the completion of the project. SUMMARY The Planning Commission is being asked to consider a request from Flint Hills Resources (FHR) for a new transmission facility greater than ¼ mile in length. FHR is seeking approval to install a new 4.5-inch anhydrous ammonia pipeline between its Pine Bend Refinery and CF Industries anhydrous ammonia terminal on Pine Bend Trail in the northeastern section of Rosemount. The 1.6-mile pipeline will be constructed primarily on industrially zoned and guided land that is owned by CF Industries and Flint Hills Resources. The route was selected primarily based on two factors: limiting crossing land owned by parties other than the applicant or CF Industries, and reducing impacts on steep slopes that are difficult to stabilize and restore. The pipeline will cross three roads: Highways 52 and 55 and Clark Road. A permanent forty foot (40’) wide easement will be required and maintained for the pipeline, twenty feet (20’) on each side of the pipeline centerline. A temporary sixty foot (60’) wide temporary workspace will be required during construction, thirty feet (30’) on each side on the outside edge of permanent 40-foot pipeline right-of-way. Temporary 2 workspace will not be needed at the road and railroad crossings. Pipeline markers will be installed, as required by regulation at certain locations along the route of the pipeline. Transmission facility permits are a type of conditional use permit, but the main difference from other CUPs reviewed by the City is that transmission facility permits are only valid until the project is completed. A condition of approval of a transmission facility is the fact that there is a need for the facility, and once the project is completed that condition no longer exists. ANALYSIS/REVIEW Focusing on those areas that the City can review and regulate as it pertains to a public utility pipeline, the main issues that are expected to arise from the project can be summarized as follows: • Direct impacts from the construction operations, including noise and dust from drilling equipment, trucks, and other machinery used to install the pipeline. In addition to the CUP request, the applicant will need to secure a utility permit from the City and State for all work within and under public property. This permit will address some of these issues, especially as they relate to noise and construction appearance. The applicant will be expected to follow general city regulations concerning nuisances both during and after construction of the pipeline. • Loss of vegetation and trees along the planned route. The applicant was asked to prepare a separate map detailing any trees that would be impacted by the project. This map indicates that there are a large number of significant trees within the proposed alignment, and that of these trees, less than 25% will need to be removed, which is the threshold at which significant trees would need to be replaced. The applicant also identified some heritage trees that will be removed, the replacement of which is required at a 1:1 ratio. The applicant has provided an exhibit showing where those replacement trees will be planted elsewhere on FHR-owned property. • Access and private property impacts. Because nearly all of the pipeline will be installed on property owned by the applicant or CF Industries, there is little to no impact on land owned by other parties. Essential Services Permit Zoning Ordinance Section 11-2-17D. states that an Essential Services Permit for transmission facilities over ¼ mile in length must include five findings: 1. The proposed siting complies with the city's comprehensive guide plan. Finding: The proposed anhydrous ammonia line is to provide Flint Hills’ Pine Bend refinery with a continuous supply of anhydrous ammonia while reducing truck traffic and reducing the potential of safety events driven by accidental releases of ammonia from truck loading operations and operator involvement/oversight. The current zoning for the affected properties are either GI – General Industrial or HI-Heavy Industrial, both of which allow for the proposed transmission line as a CUP. Additionally, the area is guided for industrial use, with which the proposed pipeline is compatible. 2. To the extent possible, the proposed siting is within or adjacent to existing public rights of way, private utility easements or other designated corridors for transportation or transmission facilities. Finding: For this request, the City’s authority is limited to the public road crossings described above and the operational standards of construction such as hours of operations, dust control, noise, etc. The applicant is proposing to cross three roadways and will be securing the necessary permits for that work. 3. The proposed siting is necessary based upon a need and locational analysis. 3 Finding: The proposed alignment reduces impacts to bluff lines and minimizes the removal of trees. The proposed line will provide a connection between two existing facilities, and therefore is unable to be located elsewhere in the city or area. Staff finds that the proposed alignment has completed the need and locational analysis. 4. Impacts, including, but not limited to, noise and views, are identified and mitigated. Finding: Existing City Code regulations will address any issues or impacts including noise and construction appearance. 5. The proposed siting will not create hazards to the health, safety and general welfare of surrounding property owners or natural environment. Finding: Staff finds that FHR has considered the natural environment in their alignment and is proposing a project that will have less impact on the general welfare of the surrounding area than the existing practice of using trucks to transport anhydrous ammonia between the two termini of the proposed pipeline. RECOMMENDATION Staff recommends approval of the Transmission Facilities Permit to construct a transmission facility, subject to the conditions provided. Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 1 Unit 48 Pipeline for Flint Hills Resources Pine Bend, LLC Application for Transmission Facilities Support Documentation Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 2 Table of Contents DEFINITIONS .............................................................................................................................. 3 INTRODUCTION ......................................................................................................................... 4 PROJECT OVERVIEW ................................................................................................................ 4 Project Need ............................................................................................................................... 4 Project Location .......................................................................................................................... 4 Route Features and Impacts ....................................................................................................... 4 EXPLANATION OF RIGHT-OF-WAY REQUIREMENTS, ACQUISITION PROCESS, AND RIGHTS AND ALTERNATIVES OF LANDOWNERS ................................................................... 5 Right-of-Way .............................................................................................................................. 5 FLINT HILLS CONTACT INFORMATION .................................................................................... 6 APPENDIX A: Project Location Maps .......................................................................................... 7 APPENDIX B: Pipeline Marker Example ................................................................................... 18 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 3 Unit 48 Pipeline for Flint Hills Resources Pine Bend, LLC DEFINITIONS Anhydrous – Term applied to a chemical substance free of water Barrel – 42 gallons BPH – Barrels per hour CFR – Code of Federal Regulations • 49 CFR 195 – Transportation of Hazardous Liquids by Pipeline Flint Hills – Flint Hills Resources Pine Bend, LLC HCA – High Consequence Area HDD – Horizontal Directional Drill Internal Devices - A variety of tools that are inserted into a trap and launched into the pipeline for cleaning, batch separation, or internal inspection, such as scrapers, pigs, spheres, poly pigs, caliper tools, and smart pigs/tools. PSIG – Pounds per square inch gauge (unit of pressure) Trap - A fabricated assembly having a pipe or fitting inlet and outlet connections, body and closure used for launching and receiving internal devices into an operational line. Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 4 INTRODUCTION This support documentation was prepared by Flint Hills Resources Pine Bend, LLC (“Flint Hills”) for inclusion with the completed Application for Transmission Facilities. PROJECT OVERVIEW Project Need This project will provide Flint Hills’ Pine Bend refinery with a continuous supply of anhydrous ammonia while reducing truck traffic and reducing the potential of safety events driven by accidental releases of ammonia from truck loading operations and operator involvement/oversight. The pipeline will start at the CF Industries Anhydrous Ammonia Terminal located at 13040 Pine Bend Trail, Rosemount, MN and terminate at the Flint Hills’ Pine Bend refinery. Project Location Flint Hills proposes to install an anhydrous ammonia pipeline approximately 1.6-miles in length in Rosemount, Minnesota. The pipeline originates at the CF Industries anhydrous ammonia Terminal. The pipeline crosses through Sections 17, 18, and 19 in Township (T) 115 North (N), Range (R) 18 West (W) and Section 13 in Township (T) 115 North (N), Range (R) 19 West (W) in the city of Rosemount, Dakota County, Minnesota. The pipeline terminates at Flint Hills’ Pine Bend refinery. Project maps and list of impacted landowners are provided in Appendix A. Project Description A permanent forty foot (40’) wide easement will be required and maintained for the pipeline, twenty feet (20’) on each side of the pipeline centerline. A temporary sixty foot (60’) wide temporary workspace will be required during construction, thirty feet (30’) on each side on the outside edge of permanent 40-foot pipeline right-of-way. Temporary workspace will not be needed at the road and railroad crossings.. Pipeline markers will be installed, as required by regulation at certain locations along the route of the pipeline. A picture of a pipeline marker is attached as Appendix D. Route Features and Impacts The Project will cross lands consisting primarily of industrial lands owned by Flint Hills’ Pine Bend refinery and CF Industries Anhydrous Ammonia Terminal. The pipeline will cross three roads: US Highway 52/Clayton Ave E, MN State Highway 55/Courthouse Boulevard, and Clark Road. The pipeline will run parallel to and cross a bike path on Flint Hills’ property within Dakota County’s existing right-of-way. No agricultural lands will be crossed. For the Project, Flint Hills retained Commonwealth Heritage Group (Commonwealth) to perform an archeological review of the Project area. For this study, Commonwealth reviewed site files maintained by the Minnesota Office of the State Archaeologist and Minnesota state Historic Preservation Office to locate any previously identified archeological sites. A field survey and shovel test survey were also performed along the route. Commonwealth’s report summarized the findings as follows: Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 5 “The work effort resulted in the identification of no new archaeological sites and the revisit of one previously identified archaeological alpha site (21DKak) intersecting the construction limits during the survey. As is standard practice in Minnesota, the boundary of this site is shown to be the entire section it is in but in actuality the site itself, when formally documented, would likely be much smaller than what is currently represented. The alpha site has no site form but is instead described in a Pioneer Press newspaper article. The article describes the site as being located down along the shoreline adjacent to the river. Commonwealth preformed an intensive survey for the alpha site within the construction limits of the Project and found no evidence of the prehistoric site. Commonwealth is left to conclude that if 21DKak does exist in this section, it is likely located down along the river shoreline and does not intersect this Project area. Commonwealth believes that the survey is adequate and complete, and recommends the Project proceed as designed and proposed. Commonwealth suggests this investigation results in a determination of “No Historic Properties Affected” and receive no further archaeological survey work.” Right of Way Length (miles) % Ownership CF Industries 0.01 1% Flint Hills 1.31 82% Chicago & North Western Transportation Company 0.01 1% Minnesota Department of Transportation 0.26 16% 1.59 Crossing Description GPS Location #1 Chicago & Norther Western Transportation Company (railroad) 44.76492, -93.03177 #2 MN State Highway 55/Courthouse Blvd 44. 76435°, -93. 03204° #3 US Highway 52/Clayton Ave E 44.76407°, -93.03396° #4 Clark Road 44. 76407°, -93. 03472° EXPLANATION OF RIGHT-OF-WAY REQUIREMENTS, ACQUISITION PROCESS, AND RIGHTS AND ALTERNATIVES OF LANDOWNERS Right-of-Way The route of the pipeline was selected because it is the most direct route between the Flint Hills Pine Bend Refinery and the CF Industries’ Terminal. Other pipeline routes would have taken the pipeline across third party owned properties instead Flint Hills owned property and therefore were not considered. Flint Hills will require one easement along the pipeline route. This easement will be between Flint Hills and CF Industries for a control valve that will be placed on CF Industries’ property. Flint Hills will also seek a permit and/or license, as required, to cross a roadway and a railroad. Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 6 FLINT HILLS CONTACT INFORMATION To obtain additional information or discuss concerns please contact Christopher Brown of Flint Hills at: Flint Hills Resources 3120 117th St. E. Inver Grove Heights, Minnesota 55077 Direct Line: 651-437-0518 Email: Christopher.Brown@fhr.com Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 7 APPENDIX A: Project Location Maps Including List of Landowners within 500-foot Radius Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation 8 June 28, 2022 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 9 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 10 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 11 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 12 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 13 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 14 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 15 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 16 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 17 List of Landowners within 500-foot Radius Parcel Owner Addresss 347450001010 Pine Bend Land Comp LLC 13220 Doyle Path Rosemount, MN 55068 340180065010 340180059010 Chicago & NW Trans Co 1 N Westn Ctr 165 Canal St N Chicago, IL 60606-1549 340200028010 Union Pacific Railroad 1400 Douglas St Stop 1640 Omaha, NE 68179-1640 340190007020 County of Dakota 14955 Galaxie Ave Apple Valley, MN 55124 340180087020 3401800870110 340180058015 Sunlight Investment LLC 4230 Pine Bend Trail Rosemount, MN 55068 340180088018 340180080010 Hawkins Inc (Owner) DPC Industries, Inc (Common) 3100 Hennepin Ave E Minneapolis, MN 55413 3401900120040 Hawkins Inc 3100 Hennepin Ave E Minneapolis, MN 55413 340170062010 CF Industries Distribution Facilities 4 Parkway N Ste 400 Deerfield, IL 60015 340170025011 340170066020 340200032030 340180026011 340130050012 Flint Hills Resources Pine Bend LLC PO Box 2917 Wichita, KS 67201-2917 Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation 18 June 28, 2022 APPENDIX B: Pipeline Marker Example Unit 48 Pipeline Application for Transmission Facilities Flint Hills Resources Pine Bend, LLC Support Documentation July 18, 2022 19 fe7 fea fe4 fcc1059 fc3 fc9 fc0 �d �a �7 fdefe1fdb fd8fd5fd2 fcf f9cf9f fa2 f96 f90f87fa8fa5 fab fae �1 fedff0ff6 ff3 f8d f93 f781002 f72 f69 f6cf63 f66 f6f 1005 f81 f7e fff ff9 ffc db3 db6 dbc db9 dbf dc5 dc2 dc8 dcb dce dd1 dd4dd7 f60f5df5a f57f54f51f4e f4b f48 f45 f3c f3f f36 f33 f2df30f21f1bf18 f39 f42f27f2ade0f24ddaddddf5df2 f1e df8e01 e04e0ae07 f00 e10 e13 e19e25e2be28 ee2edf ed9edc e31ee5e2eee8eebe22 e1fe1ceee ef4ef1e16ef71178f03efde0df06 f09 f0ff12f0cdfed�defdecde3de9de6f15 ed6ed3ed0 ecdecaec7e37e3ae43e40 e34e46e3de49e4ce4fe52e55 e70e6de6ae67e5be64e61e5ee58 e73e76e79 e7f e88 eafebeeacea6ea9eb2 e85e82e8be8ee91e97e9aec1ec4eb8ebb ea3 �4 f7b f75f84 ea0e9d e94 T115N, R18W S17 T115N, R18W S18 T115N, R18W S19 T115N, R18W S20 PI N E B E N D T R L DO Y L E P A T H 55 55 Barr Footer: ArcGIS 10.8.1, 2022-02-16 15:40 File: I:\Client\FlintHills\CFI_Ammoina_Pipeline\Maps\Reports\Tree Survey\Figure1_FHR_Tree_Inventory_Results.mxd User: jwkTREE PROTECTION FENCE DETAIL FURNISH AND INSTALL TEMPORARY FENCE AT THE TREE’S DRIPLINE OR CONSTRUC- TION LIMITS AS SPECIFIED PRIOR TO ANY CONSTRUCTION. WHEN POSSIBLE PLACE FENCE 25 FEET BEYOND THE DRIP LINE. 10441044 10411041 10471047 103e103e 103e103e 104a104a 105c105c10601060 104d104d 10501050 10531053 10561056 10591059 !H !H !H !H !H !H !H !H !H!H FIGURE 2 0 200 400 600 Feet 60’ Buffer Zone Proposed Tree Protection Fence Significant Trees to be Removed (202) Heritage Trees to be Removed (3) Significant Trees Surveyed !H Heritage Tree (Hardwoods with DBH > 27") 2022 Significant and Heritage Tree Survey /Area 2021 Significant and Heritage Tree Survey /Area Unit 48 Pipeline Preliminary ROW Route Roadways State Highway Local µ TREE REMOVAL PLAN UNIT 48 PIPELINE PRELIMINARY ALIGNMENT Dakota County, MN Flint Hills Resources, LC !H !H !H !H Tree Replacement Requirements: So�wood Conifer Hardwood Heritage 13 377.16492.3N/A3682.1 51121210 0N/AN/A 4 (ea) 0 0 N/A Exis�ng Cal. Significant and Heritage Trees Surveyed Cal. Proposed to Remove Cal. Inches to Replace # of 2.5” Cal. Trees 86.2 86.2 35 611.1 N/A 0 0 1524.3 N/A 25% Allowable Removal a b b b For development which exceeds the percentage of allowable removal of significant trees, all significant trees shall be replaced at the ra�o of one-half (0.5) caliper inch per one caliper inch removed Required heritage tree replacement must be of the same species as the heritage tree removed. Based on these rules and the survey the replacement trees must be Common Hackberry and Bur Oak in the required caliper inches. Assuming a 2.5 - inch diameter tree is used for mi�ga�on. Total Trees Required: 35 35 trees (17 Hackberry and 18 Bur Oak @ 2.5” Cal.) 6/24/2022 54710 I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE SATE OF MINNESOTA. BRENDAN H DOUGHERTY DATE:MN. LIC. NO. !;N 1 inch = 150 feet 150 300 PLANT LIST Deciduous Tree Code Common Name Scien�fic Name Total Quan�ty Spacing Size 18 AS SHOWN 2.5" CAL. B&BBO AS SHOWN NOTE: EXACT PLANTING LOCATIONS MAY BE ADJUSTED TO ACCOMODATE SPECIFIC SITE CONDITIONS. 2.5" CAL. B&BCH17 Total 35 Bur Oak Quercus macrocarpa C om m on Hackberry Celti s occi dentalis BO BO BO BO BO BO BO BO BO BO BO CH CH CH TREES PLANTED PER PREVIOUS PROJECT (TYP.) TREES PROPOSED FOR CURRENT PROJECT (TYP.) CH CH CH CHCHCH CH CH CH BO BO CH CH CH CH CH BO BO BO BO BO 6/24/2022 54710 I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWS OF THE SATE OF MINNESOTA. BRENDAN H DOUGHERTY DATE:MN. LIC. NO. FIGURE 3 TREE REPLACEMENT PLAN UNIT 48 PIPELINE PRELIMINARY ALIGNMENT Dakota County, MN Flint Hills Resources, LC4'-0" +/-3'-0" MIN.DECIDUOUS TREE PLANTING DETAIL 2' MIN. 6' STEEL STAKE, CONTRACTOR IS RESPONSIBLE FOR MAINTAINING TREES IN A PLUMB POSITION THROUGHOUT THE 2 YR. GUARANTEE PERIOD 16" POLYPROPYLENE OR POLYETHYLENE (40 ML, 1-1/2" WIDE STRAP) (TYPICAL) DOUBLE STRAND 14 GA. WIRE, 3 SPACED EQUALLY AT OPPOSITE SIDES 24" DIAMETER RING OF MULCH (4" DEEP) DOUBLE-SHREDDED UNDYED HARDWOOD INCIDENTAL TO TREE INSTALLATION), NO MULCH TO BE IN CONTACT WITH BASE OF PLANT SURROUNDING PLANTING MATERIAL, SEE PLAN ROOTBALL TO SIT ON SUBGRADE CUT ALL ROPES AND REMOVE BURLAP AND/OR INORGANIC CONTAINERS, HAND REMOVE EXCESS SOIL AT TOP OF ROOT BALL TO EXPOSE TOP OF ROOT FLARE. TYPICALLY REQUIRES THE REMOVAL OF 1-6" OF SOIL FROM CONTAINER OR B&B SUBGRADE MOUNDED SUBGRADE SOIL WITH CIRCULAR DRAINAGE TRENCH SURROUNDING PLANTING SOIL TOPSOIL REMOVE DEAD OR DAMAGED BRANCHES, RETAIN THE NATURAL FORM OF PLANT, DO NOT CUT THE LEADER