HomeMy WebLinkAbout6.v. 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
EXECUTIVE SUMMARY
City Council Regular Meeting: September 20, 2022
AGENDA ITEM: 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:
Consent
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.v.
ATTACHMENTS: Resolution; Excerpt from the August 23,
2022 Planning Commission Meeting
Minutes; Site Location; Applicant’s
Narrative and Supporting Documentation;
Tree Inventory and Replacement Exhibit
APPROVED BY: LJM
RECOMMENDED ACTION: The Planning Commission and staff are recommending the
Council take the following action to approve the request.
• Motion to adopt a resolution approving a Transmission Facility Permit for Flint Hills
Resources, subject to conditions.
BACKGROUND
The City Council 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
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.
The pipeline will result in a reduction of trucks traveling from the CF Industries terminal near the river to
the Pine Bend Refinery. The material carried by the pipeline will be used in the production of ammonium
thiosulfate, which combines sulfur extracted during the refining process with ammonia to produce a product
used by farmers as fertilizer.
2
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.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing during its meeting on August 23, 2022, to review the
request and receive comment. During the hearing, the Commission inquired about the process for
inspecting the pipes, as it is not the purview of the City to inspect. The Commission also asked if the listed
conditions should call out additional specific permits such as MnDOT right of way permits. The applicant
provided comment to answer questions about the project. The applicant indicated that 10-12 trucks will be
taken off the road by the installation of the pipeline, and he also described the purpose of the pipeline and
the materials that will be carried upon completion of the project. The Planning Commission voted
unanimously to recommend approval of the request.
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.
3
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.
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
The Planning Commission and staff recommend approval of the Transmission Facilities Permit to
construct a transmission facility, subject to the conditions provided.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A TRANSMISSION LINE OVER ¼ MILE IN LENGTH
WHEREAS, the City of Rosemount received an application for a Transmission Facility Permit
(TFP) from Flint Hills Resources (FHR) to construct a 4.5” anhydrous ammonia transmission line;
and
WHEREAS, on August 23, 2022, the Planning Commission of the City of Rosemount held a
public hearing to review the application from FHR construct a 4.5” anhydrous ammonia
transmission line; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the TFP for FHR subject to the conditions listed below; and
WHEREAS, on September 20, 2022, the City Council of the City of Rosemount reviewed the
Planning Commission’s recommendation and the TFP application to construct a 4.5” anhydrous
ammonia transmission line.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the CUP to construct a 4.5” anhydrous ammonia transmission line between CF Industries
property on Pine Bend Trail to the applicant’s Pine Bend Refinery, 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.
ADOPTED this 20th day of September, 2022 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
Flint Hills Resources Pine Bend, LLC Support Documentation
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
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Unit 48 Pipeline Application for Transmission Facilities
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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
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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
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TREE 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.
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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, LC
4'
-
0
"
+
/
-
3'
-
0
"
M
I
N
.
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