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HomeMy WebLinkAbout9.b. Request by Northern States Power (Xcel Energy) for approval of a transmission facility permit to connect a substation in Inver Grove Heights to a new substation south of County Road 42 at Blaine Avenue EXECUTIVE SUMMARY City Council Regular Meeting: March 21, 2023 AGENDA ITEM: Request by Northern States Power (Xcel Energy) for approval of a transmission facility permit to connect a substation in Inver Grove Heights to a new substation south of County Road 42 at Blaine Avenue AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 9.b. ATTACHMENTS: Resolution; Excerpt from the January 24, 2023, Planning Commission meeting minutes; Applicant’s Narrative; Line Location Map, Pole Images; Tree Inventory Summary; Exhibit containing hyperlinked URL to Environmental Assessment; Environmental Assessment Review Memo dated March 1, 2023; Environmental Assessment Comment Response Table APPROVED BY: ELF RECOMMENDED ACTION: 1. Motion to accept the Environmental Assessment of the applicant’s proposed transmission facility. 2. Motion to adopt a resolution approving a Transmission Facility Permit for Northern States Power, subject to condition. SUMMARY The City Council is being asked to consider a request by Northern States Power (Xcel Energy) for a transmission facility permit to erect, maintain, and operate a 115 kV Transmission Line and associated facilities. The Project runs from the Inver Grove Substation at 105 Street East to a new substation within UMore Park west of Blaine Avenue approximately ½ miles south of County Road 42, a distance of approximately five miles. The transmission line will serve the development occurring in that area. The project will also increase capacity and improve reliability for existing customers. Typically, a project such as this would be reviewed and permitted by the Minnesota Public Utilities Commission (PUC). That approval process is lengthy and can take up to 18 months. State statute allowed for local government review of certain projects so long as specific conditions are met. As part of the process, a formal Environmental Assessment (EA) was provided by the applicant, and relevant jurisdictions were provided an opportunity to comment on the proposed project. The comments received were incorporated into the EA, and a table is included in the attachments that lists the comments received. One of the recommended actions is the acceptance of the Environmental Assessment by the City Council. The transmission line will be constructed on private easements and road rights-of-way that are adjacent to rural residential, agricultural lands, and industrial lands in the cities of Rosemount and Inver Grove 2 Heights. The applicant’s narrative also describes additional components of the project including the expansion of the Inver Grove substation, the construction of a ½ mile 69kV line to tie into the existing east-west portion of the 69 kV transmission line on Flint Hills Resources (FHR) property, and the removal of approximately 3 miles of single-circuit 69 kV transmission lines that are no longer needed. The Planning Commission and staff are recommending approval of the request. PLANNING COMMISSION ACTION The Planning Commission held a public hearing during its meeting on January 24 review this request and receive public comment. The Commission had questions related to tree removal and its impacts on property owners adjacent to the new facility. Staff described how the applicant is working to minimize tree removals, and that the applicant would attempt to site any required replacement trees nearest to the areas impacted. Staff also noted that any shortfall in required replacement would be satisfied by a fee in lieu, which would be paid to the City. During its initial comments the Commission also asked about potential impacts to the future site of a water tower in the southwest quadrant of Blaine Avenue and County Road 42. Staff explained that the proposed transmission facility would not impact the future development of the water tower and that the plans for the new power line were developed taking the future water tower into account. The Commission received comments from three residents. One inquired about impacts to their property which lies south of the proposed transmission line. One of the applicant’s representatives indicated that the property impacted by the line in that area is owned by the University, and that Xcel would be tying into existing transmission lines rather than constructing an entirely new facility. The other two residents live on either side of Blaine Avenue north of County Road 42. One indicated concerns about the removal of trees and asked about alternative alignments. The applicant described how the alignment was chosen following a public hearing that took place earlier in 2022, and that a possible alternate route would have had a much greater impact on the public with additional tree clearance and pose many challenges. The second resident who spoke expressed concerns about electromagnetic frequencies (EMF) and the health risks of that. The applicant’s engineer described the level of voltage that would impact the health of people in the vicinity being in the range of 400kV while the proposed line will carry 115kV of energy and the EMF generated is less than or similar to most household appliances like microwaves. The environmental assessment developed by the applicant addresses these concerns. The Commission also discussed how the applicant was acquiring easements and that owners of property containing new easements were being compensated at fair market value for the easement. The Commission voted unanimously to recommend the City Council approve the transmission facility permit. BACKGROUND Transmission Facilities Permits are reviewed by the City infrequently, and the most recent examples of projects that have required this type of permit have been pipelines. The transmission facility permit is a type of Conditional Use Permit (CUP) in that, if certain conditions are met, the permit can be approved. Like other CUPs, the transmission facility is permitted to remain so long as those conditions are met. One way the transmission facilities permit is unique is that the construction activities (except for necessary maintenance) are treated more like an interim use permit with the term of the permit for those activities expiring once construction is completed. Because the project is regulated by the PUC (although going through a local government approval process), in addition to the review steps listed earlier in this report, the applicant held an information session in October of 2022 at Dakota County Technical College as a requirement of the PUC review process. ANALYSIS/REVIEW 3 Focusing on those areas that the City can review and regulate as it pertains to a public utility power line, 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 trucks, and other machinery used to install the transmission line. In addition to the Transmission Facility Permit request, the applicant will need to secure utility permits from any relevant jurisdictions for all work within 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 transmission line. • 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 number of significant trees within the proposed alignment, although the final number of trees that will actually need to be removed has not been determined and may be subject to change depending on the actual amount of tree removals required. The applicant is permitted to remove up to 25% of existing significant trees before replacement is required. The applicant also identified some heritage trees within the project area – the replacement of any such trees is required at a 1:1 ratio. The applicant is requesting to pay a fee-in-lieu of replacement due to lack of land owned by the applicant within the City available to locate replacement trees. The tree inventory is shown in the table below, and a map is located in the EA, a link to which is provided in the attachments. Rosemount Inver Grove Heights Significant 617 trees (7,451 in.) 183 trees (2,172 in.) Heritage 41 trees (2,103 in.) 6 trees (197 in.) Anticipated Replacement 273 trees 65 trees • Access and private property impacts. The project will be constructed primarily within existing easements and rights of way, and the applicant is working with owners of property along the proposed alignment to acquire new easements. Essential Services (Transmission Facility) 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 115kV transmission line is to support development in the eastern part of the City. The current zoning for the affected properties is either AG-Agriculture or HI-Heavy Industrial, both of which allow essential service facilities such as transmission lines. Additionally, the area is guided for industrial and business park uses with which the proposed transmission line 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: The proposed transmission line will be located within public rights of way as well as existing and new easements owned or acquired by the applicant. 3. The proposed siting is necessary based upon a need and locational analysis. Finding: The proposed alignment is the most direct route between the Inver Grove substation and the new substation to be constructed in Rosemount. Several constraints were taken into consideration when siting the Project. These include landowner requests, existing and future 4 industrial projects, future infrastructure projects, and local zoning ordinances. 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: The Environmental Assessment completed by the applicant and currently being reviewed by the City’s consultant does not anticipate the project creating any hazards to the health, safety, and general welfare of surrounding property owners or the natural environment. 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 2023- 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 Northern States Power (Xcel Energy) to construct a 115kV transmission line; and WHEREAS, on January 24, 2023, the Planning Commission of the City of Rosemount held a public hearing to review the application from Xcel Energy construct a 115kV transmission line; and WHEREAS, the Planning Commission recommended that the City Council approve the TFP for Xcel Energy subject to the conditions listed below; and WHEREAS, on March 21, 2023, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the TFP application to construct a 115kV transmission line. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the CUP to construct a 115kV transmission line between the Inver Grove Substation and a new substation south of County Road 42 at Blaine Avenue and additional components, subject to the following conditions: 1. The applicant shall provide a final inventory of significant and heritage trees to be removed and submit a fee-in-lieu of replacement in accordance with the City Code. 2. Acceptance by the City Council of the Environmental Assessment of the proposed project. 3. The applicant shall apply for any necessary permits to work in public rights of way. ADOPTED this 21st day of March, 2023 by the City Council of the City of Rosemount. __________________________________________ Jeffery D. Weisensel, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk EXCERPT FROM THE JANUARY 24, 2023 PLANNING COMMISSION MEETING MINUTES 6b. Request by Xcel Energy for Approval to construct a 115kV Transmission Line subject to conditions. Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. The Planning Commission is being asked to consider a request by Xcel Energy for approval to construct a 115kV Transmission Line subject to conditions subject to terms and conditions. The site is located between the Inver Grove Substation and a new substation south of County Road 42 at Blaine Avenue. Commissioner comments: Commissioner Reed asked a question about tree removal, specifically regarding the scope of the trees being removed on site. Commissioner Reed shared his concern for tree removal and screening along homeowners’ property within the easements and right of way being utilized for the construction of the transmission line. Planner Nemcek noted that the City and the developer are working to maintain as many trees on site as possible so that the impacts of removal as consolidated. Commissioner Reed asked how the homeowners would be compensated for tree and screening removal on their property. He also asked where the fee, in leu of the removal, would go to. Planner Nemcek noted that the developer, Xcel Energy, would work with any affected homeowners to either replace the trees or fairly compensate them for the removal of trees and other screening impacted by the development. In addition, he noted that the fee for removal above the 25% tree removal threshold would go to the City of Rosemount. Chair Kenninger asked a clarification question about the removal of trees on site and the replacement of the trees by the developer. Senior Planner Nemcek noted that the essential goal of the city is to mitigate any impacts made by the developer as close to where they are being made. Chair Kenninger asked how many homeowners would be impacted by the removal of trees and other screening. Senior Planner Nemcek differed to the applicant but noted that it was primarily residents within the Flint Hills neighborhood. Commissioner Reed asked how the transmission line development would impact the construction of the water tower planned for the northeast corner of the site. Senior Planner Nemcek noted that the City would be working directly with Xcel to make sure that nothing impacts the future development of the City water tower. Commissioner Reed asked if there were any clean up concerns within the construction area of the transmission line. Planner Nemcek mentioned that there is no clean-up necessary for this portion of the site within the UMore property. The public hearing opened at 6:51 pm. Public Comments: Sean Waller 414 Nicollet Mall Minneapolis, Minnesota Mr. Waller discussed the improved access and benefits of the proposed transmission line to support load growth in the Rosemount area. He mentioned that Xcel hopes to be in construction in the fall of 2023 continuing into 2024. He noted that Xcel is familiar with working closely with individuals impacted by the development of this project. This includes close coordination with Flint Hills Resources, the City of Rosemount, the University of Minnesota, as well as private home and landowners to develop a replacement screening plan that suits their needs. Christopher Horton 14385 Blaine Avenue Rosemount, Minnesota He shared his concern of the removal of screening due to the proposed development of the transmission line. He suggested the Planning Commission inquire about alternatives to the proposed transmission line route. Lloyd Nelson 14380 Blaine Court Rosemount, Minnesota He is a homeowner who lives in the path of the proposed transmission line development. Mr. Nelson inquired about EMF frequencies and radiation caused by the transmission line. He mentioned his concerns with the proximity of the transmission line to his home as well as the potential effect the transmission line might have on his wife’s pacemaker. In addition, he noted a concern with the removal of trees and other screening from his property. Lastly, he stressed his concern of living in such proximity to the transmission line and the electromagnetic frequencies the line may give off. Sean Waller 414 Nicollet Mall Minneapolis, Minnesota Mr. Waller began by touching on the alternate path of the transmission line posed by Mr. Horton. He stated that there was a public open house held months prior to this Planning Commission meeting to gauge public opinion on transmission line route options. The outcome of the public open house was the proposed transmission line route put forth by Xcel for this project. He noted that the alternate route of the transmission line would have a much larger impact on the public as well as pose many challenges for Xcel. Commissioner Kenninger asked about the health concerns Mr. Nelson brought up earlier. Mr. Waller differed to Jessie Lion. Jessie Lion 35331 54th Street Rosemount, Minnesota Mr. Ryan is the transmission line engineer for Xcel Energy. He mentioned that there are no regulations in the United States which require the type of transmission line being proposed to be set back from an individual’s home. He noted that there are only real human health concerns for voltages over 400kV. The amount of impact an individual might experience at the edge of the easement of a 115kV is not a strong enough current to be a major human health concern as most household appliances carry the same amount of voltage. In relation to the pacemaker, he noted that if the resident has not experienced issues in their home, they will likely not experience them from the transmission line. Mr. Lion stated the 115kV is much lower than what is considered safe, as listed in the Environmental Assessment (EA). Chair Kenninger questioned whether Mr. Lions contact would be made available to the public if they had any questions regarding the transmission line. Jessie Lion 35331 54th Street Rosemount, Minnesota Mr. Lion noted that if anyone had any concerns, they could inquire through Mr. Waller to provide them with the right person to get in contact with. Commissioner Reed asked if there was additional protection Xcel might place on the transmission line to protect human health. Jessie Lion 35331 54th Street Rosemount, Minnesota Mr. Lion stated that adding additional protection was not common practice, even on higher voltage transmission lines. Alvester 2369 Hampton Street Rosemount, Minnesota He asked when the development of the transmission line will travel further south, through his property. Sean Waller 414 Nicollet Mall Minneapolis, Minnesota Noted that the site the resident was referring to was property owned by the University of Minnesota. He stated that Xcel was working with the University to develop that site in 2024 and that Xcel would be tying into the existing transmission line along the site the resident was concerned with. MOTION by Kenninger to close the public hearing. Second by Reed. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:12 pm. Additional Comments: Chair Kenninger asked whether homeowners with easements that will be impacted by the transmission line develop would be required to come to an agreement with Xcel. Senior Planner Nemcek stated that there are several easements that Xcel currently owns, in addition, Xcel is working with property owners to obtain additional easements for the construction of the line as needed. Commissioner Reed confirmed that fair market value will be used to compensate individuals impacted by purchase of easements. Commissioner Reed also stated that it can be hard to make decisions as a commission when there is an impact on residents to improve the City of Rosemount. MOTION by Reed to recommend the City Council to Approve the construction of a 115kV Transmission Line. Second by Rivera. Ayes: 6. Nays: 0. Motion Passes. 414 Nicollet Mall, Minneapolis, Minnesota 55401-1993 December 27, 2022 Anthony Nemcek Senior Planner City of Rosemount 2875 145th St W, Rosemount, MN 55068 RE: Xcel Energy 115 kV Rosemount Transmission Line and Associated Facilities Project – City of Rosemount Application for Transmission Facilities Mr. Nemcek: Northern States Power, a Minnesota Corporation (Xcel Energy) is proposing to erect, maintain, and operate the 115 kV Rosemount Transmission Line and Associated Facilities (Project). The Project runs from the Inver Grove Substation at 105 Street East to a new substation on the University of Minnesota Outreach, Research and Education (UMore) Park lands. A Project location map is attached to this letter (figure 1), and is included in Appendix A and B of the associated Environmental Assessment (EA) submittal. Xcel Energy is submitting the Transmission Facilities Permit Application, in association with a Route Permit, per the Alternative Permitting Process authorized by Minn. Stat. § 216E.04, Subd. 2(3), and Minn. R. 7850.2800, Subp. 1(C). The City of Rosemount will review this application, as lead Responsible Government Unit (RGU), per the local review process outlined in Minn. R. 7850.5300. Project Description The Project runs from the Inver Grove Substation at 105 Street East to a new substation on the University of Minnesota Outreach, Research and Education (UMore) Park lands (refer to the attached figure 1). The Project will be constructed on private easements and road rights-of-way that are adjacent to rural residential, agricultural lands, and industrial lands in the City of Rosemount (Rosemount) and the City of Inver Grove Heights (Inver Grove Heights). Project Need The Project is needed to support future load growth in Rosemount and Inver Grove Heights, and also increases capacity and reliability to existing customers. Project Description The Project includes a new 115 kV transmission line, expansion of an existing substation, improvements at two remote substations, and a new substation. Associated activities include relocation of an existing 69 kV line to tie into the existing electrical grid, and removal of two 69 kV transmission lines that are no longer required. Project components are described below. • 115 kV Rosemount Transmission Line: The 115 kV transmission line between the Inver Grove Substation and the new substation on the UMore Park lands will consist of a double-circuit system. The double-circuit 115 kV transmission line follows the existing easement for Line 0742 for approximately 4 miles, and a new easement adjacent to the road right-of-way for approximately 1 mile. Minnesota Public Utilities Commission December 27, 2022 Page 2 o The 115 kV transmission line from the new substation on the UMore Park lands east to Line 0822 will consist of two single-circuit systems (i.e., two separate lines), the single- circuit 115 kV transmission line requires a new easement that crosses agricultural lands for approximately 0.5 miles. o The entire 115 kV transmission line requires a 75-foot easement. It will be constructed using single-pole, self-weathering steel structures. Structures will be 75 to 110 feet tall, with spans between them ranging from 100 to 350 feet depending on topography and other constraints. Existing distribution lines will remain in place, on separate structures, as much as possible. Portions that are currently underbuilt on Line 0742 will remain, and poles will be topped above the distribution cross arm. • Inver Grove Substation: The Project will include expansion of the Inver Grove Substation, at the northern terminus of the Project corridor, to facilitate connection to the existing electrical grid. Equipment to be installed includes 2-115 kV bays, foundations, and structures. This expansion will be on existing Xcel Energy owned property. • Empire and Rosemount Substations: The Project will include remote end work at the Empire and Rosemount Substations to connect new fiber optic cable from the line terminations into the electrical equipment enclosure. No new equipment, structures or foundations will be installed. • UMore Park Substation: The Project will also include construction of a new substation on UMore Park lands. Equipment to be installed includes 115 kV equipment (including switches, control panels, and circuit breakers), foundations, and structures. The UMore Park Substation will require a graded, fenced area of up to 6 acres. The new substation will be on property acquired by Xcel Energy. • 69 kV Transmission Line Addition: A 0.5 mile long single-circuit 69 kV transmission line will be constructed to tie into the existing east-west portion of the 69 kV transmission line on Flint Hills Resources (FHR) property (Line 742). The 69 kV transmission line will use single-pole, wooden structures. The transmission line will be on new easements, as well as partial overhang of the road right-of-way. The easement will be 75 feet wide. • 69 kV Transmission Line Removal: The Project enables the removal of approximately 3 miles of single-circuit 69 kV transmission lines, consisting of portions of Line 0777 and Line 0780 are no longer needed. Several constraints were taken into consideration when siting the Project. These include landowner requests, existing and future industrial projects, future infrastructure projects, and local zoning ordinances. The necessary list of property owners and address labels are attached. Requested Actions The information in this application meets applicable standards and criteria set forth in Minn. Stat. § 216E.04, Subd. 2(3), Minn. R. 7850.2800, Subp. 1(C), and City of Rosemount Zoning Ordinance 11-2-17. The Project will support the goals to conserve resources, minimize impacts to the natural and human environment, and ensure a safe and secure electrical infrastructure. Xcel Energy respectfully requests the following: • Authorization of a total route width of 75 feet throughout the proposed 115 kV transmission line corridor. The width will be expanded to 80 feet in proximity to the Great River Energy (GRE) transmission line crossing at Blaine Avenue and 140 Street East, to allow for shorter/wider structures that will cross under the GRE transmission line. • Authorization to expand the existing Inver Grove Substation. Minnesota Public Utilities Commission December 27, 2022 Page 2 •Authorization to construct the UMore Park Substation (up to 6 acres) adjacent to Blaine Avenue. •Authorization of a total route width of 75 feet for the 69 kV Transmission Line Addition. Further details and analysis of the Project are provided in the attached EA document (Docket # E002/LR- 22-470). Questions regarding this Project or permit application should be directed to me (612-330-1955 or timothy.rogers@xcelenergy.com). Thank you for your attention to this matter. Sincerely, Timothy Rogers Manager, Siting and Land Rights, Xcel Energy Enclosures: City of Rosemount Application for Transmission Facilities Figure 1 – Project Location Map Property Owner List and Labels Environmental Assessment Cc: Anthony Nemcek – Senior Planner, City of Rosemount Sean Lawler – Land Agent, Xcel Energy Chris Schmidt – Senior Consultant, ERM ") ") A k r o n A v e 1 0 2nd S t E 11 0 th S t E Southern Lakes Park A k r o n A v e 155 t h S t E A k r o n A v e A k r o n A v e 1 4 5 t h S t E Ailesbury Park DCTC 10 5th St E Inv e r G r o veTrl C o u r t h o u s e B l v d C l a r k R d R i c h V a l l e y B l v d B a r n e s A v e 117th St E Enterprise LP NSP Gravel - Bituminous Roadways Flint Hills BFI Sanitary Landfill Nyco Rich Valley Athletic Complex Pine Bend Roseport 56 71 Bona ire P a t h E 12 0 th StE C l a r k R d B l a i n e A v e E C o u r t h o u s e B l v d Hilton Mini Storage Flint Hills Thermo Gas Co SKB Landfill And Gravel Pit SKB Johnson Gravel Pit Flint Hills Land NSP Pine Bend Sub Station Minn. Pipe Line 1 5 2nd S t E A u d r e y A v e B l a i n e A v e E 1 5 5 t h St E B l a i n e A v e E 1 4 5 th St E C l a y t o n A v e E Dakota Wood Grinding Inc Schaffer Truck Line CHS Transport Vic's Crane & Heavy Haul Vic's Crane And Heavy Haul, In Solberg Aggregate Co. Wayne Transports Inc. Rich Valley Mi s s is s i ppi Ri v er Flint Hills DPC Industries, Inc. FHR - Rosemount ATS Terminal Hawkins Inc. Origination O2D SKB - Gravel - Containment Walbon & Company Dahn Construction 1 4 0th St E Equuleus Solar Garden CMC Vacant Solberg Aggregate Co. Bay & Bay Rosemount Substation Inver Grove Substation D a k o t a W a s h i n g t o n Proposed UMore Park Substation ")Existing Substation Proposed UMore Park Substation Double Circuit 115 kV (NEW ROW) Double Circuit 115 kV (REPLACES 69 kV LINE 0742) 69 kV Line Single Circuit 115 kV Single Circuit 115 kV (EXISTING LINE 0777) Remove Line 0780 Remove Line 0777 Existing Transmission Line Figure 1 Project Location Map 115 kV Rosemount Transmission Line Xcel Energy Dakota County, MN MPLS M:\Clients\V-X\XCL\Rosemount_115kV\_ArcGIS\2022\10\Env_Assessment\Env_Assessment.aprx | REVISED: 12/13/2022 | SCALE: 1:24,000 when printed at 11x17 DRAWN BY: MPLS GIS This information is for environmental review purposes only. p 0 1,000 2,000 Feet 1:24,000 www.erm.com Version: 1.0 Project No.: 0648402 Client: Xcel Energy 27 December 2022 Page 42 115 KV ROSEMOUNT TRANSMISSION LINE AND ASSOCIATED FACILITIES Rosemount Project 6.2.12 Land-Based Economics 6.2.12.1 Agriculture According to the U.S. Department of Agriculture (U.S. Department of Agriculture Census of Agriculture, 2017), in 2017 there were approximately 200,000 acres of farmland in Dakota County (approximately 60 percent of the total land area) and the market value of agricultural products sold was $235 million. Permanent impacts to agricultural land include the loss of agricultural land due to pole placement. Permanent impacts associated with the pole placement represent only 0.0013 acres per pole, if 60 square feet per pole will be permanently impacted. Temporary impacts during construction may include disruption of agricultural practices (e.g., access to fields, center pivot irrigation – which currently does not occur within the Project right-of-way), soil rutting, soil compaction, or crop damages within the right-of-way at proposed structure locations, locations of permanent access, and other work areas. Temporary impacts are estimated at approximately 90 acres, based on a rate of one acre per pole. Additionally, the new substation on UMore lands will have permanent impacts on agriculture, due to the 6 acres of disturbance associated with its installation. However, based on review of historic aerial imagery, the station will be installed on agricultural land that is not fully in use. Trees and non-cash crops are located on most of the parcel where the station will be constructed. As such, the Project is anticipated to have minimal to no effect on agriculture in the area. No further mitigation measures are required. The Project is anticipated to have a minor impact on agricultural land usage in the area. Xcel Energy will continue to work with affected parties to identify additional methods, if necessary, to further mitigate agricultural land loss related to the proposed Project. 6.2.12.2 Forestry Based on desktop review of aerial images, property parcel data, field reconnaissance and field surveys, and a survey specifically focused on counting Significant and Heritage trees within the Project footprint (see below) no economically significant forest tracts or forestry resources are located within the Project area. The Project is anticipated to have no effect on economically significant forestry resources in the area. Xcel Energy will work with affected landowners and local government agencies to identify additional methods, if necessary, to further mitigate tree removal impacts related to the proposed Project. Tree Survey Rosemount has regulations regarding the removal of trees for development and trunk line utility corridor projects. Rosemount requires that for all heritage trees removed (Hardwood deciduous >27 diameter at breast height (dbh), Conifer > 50 feet tall), they are to be replaced with the same species. Significant trees (Hardwood deciduous >6 caliper inches, Softwood deciduous >12 caliper inches, Conifer >12 feet) require a replacement of 50%, with 25% exemption and allowance to be differing species. Inver Grove Heights has regulations regarding tree removal and replacement. Within Inver Grove Heights, all clearing for the Project will occur within the Agricultural Zoning District. This district allows 25% tree removal without any obligation for reforestation. A tree survey was completed within the Project right-of-way to identify all potential heritage and significant trees as described by the Rosemount and Inver Grove Heights (Table 13). Required replacement percentages shown below may be subject to change depending on the actual amount of tree removal required within the corridor. Refer to Appendix E, Figure 6 for more information regarding tree locations. www.erm.com Version: 1.0 Project No.: 0648402 Client: Xcel Energy 27 December 2022 Page 43 115 KV ROSEMOUNT TRANSMISSION LINE AND ASSOCIATED FACILITIES Rosemount Project Table 13: Detail Description of Tree Survey City Heritage Tree Significant Tree Required Replacement (based on percentages defined in Ordinance) Rosemount 41 617 272.4 Inver Grove Heights 6 183 64.1 Xcel Energy is currently in the process of meeting with city officials to coordinate administration of each city’s respective tree preservation/replacement ordinances. Upon completion of this correspondence, Xcel Energy will obtain any approvals and mitigate any tree removal with replacement or fees, as necessary. 6.2.12.3 Mining Based on review of the MnDOT Dakota County Pit Map and USGS topographic maps, there is one active gravel pit, one active commercial aggregate pit, and one inactive gravel pit within 0.25 mile of the Project (MnDOT, 2021). The Project will not install transmission lines over any exiting active gravel or aggregate sources. The Project will be installed adjacent to the active aggregate mine owned and operated by Bituminous Roadways, Inc. (located at 11201 Rich Valley Boulevard). The aggregate pit’s access and ability to mine will not be affected by the Project route. Additional screening (e.g., erecting fences, constructing berms, or planting low growth trees) may be required to replace existing tree lines / berms between CSAH and the gravel pit, as the transmission line right-of-way will expand the disturbance area in this location. Xcel Energy is currently in negotiations with Bituminous Roadways, Inc. regarding screening options. The Project is anticipated to have no effect on the ability to mine for resources in the area. No mitigation measures are required 6.2.12.4 Tourism Based on parcel data and the surrounding land uses, no economically significant tourism opportunities are located within the Project area. The Project is anticipated to have no effect on tourism in the area as there are no significant tourism opportunities. No mitigation measures are required. 6.2.12.5 Other Land Uses Industrial facilities, specifically, the Flint Hills Resource Pine Bend Refinery is located adjacent to the Project area. The removal of the existing 69 kV transmission line will take place along the existing railroad within the refinery. Additionally, the Republic Services Pine Bend Landfill is located just south of the Pine Bend Refinery. Portions of the existing 69 kV transmission line removal will take place adjacent to the landfill. Removal of the existing transmission line is anticipated to have nominal to no effect on the Pine Bend Refinery’s or Republic Services Pine Bend Landfill daily operations. Removed 69 kV lines will be replaced by the new 115 kV line. Main access to these facilities is from the east, so no impacts to traffic entering / exiting these sites is expected due to the Project. Click Here to View Environmental Assessment \\rsm-file\Planning\2023\Planning Cases\23-02-TF Xcel 115kV Rosemount Transmission Line-EA and Transmission Facilities\022146-000 - LTR - Findings and Recommendation - 03012023.docx 17 8 E 9 T H S T R E E T | SU I T E 2 0 0 | SA I N T P A U L , M N | 55 1 0 1 | 65 1 . 2 8 6 . 8 4 5 0 | WS B E N G . C O M March 1, 2023 Anthony Nemcek Senior Planner City of Rosemount 2875 145th St W Rosemount, MN 55068 Re: Findings and Recommendation for the Xcel 115 kV Rosemount Transmission Line and Associated Facilities EA WSB Project No. 022146-000 Dear Anthony, Pursuant to Minnesota Rule 7850.5300, Xcel Energy has elected the City of Rosemount for local review and approval under the Alternative Permitting Process authorized by Minn. Stat. §216E.04, Subd. 2(3) and Minn. R. 7850.2800, Subp. 1(C). The project includes 5.4 miles of new 115 kilovolt (kV) transmission line that will connect an existing substation in the City of Inver Grove Heights to a new switching station in City of Rosemount. Under Minn. R. 7850.5300, Subp. 5, the City of Rosemount is required to prepare an environmental assessment (EA) including: • Providing an opportunity for the public to participate in the development of the scope of the EA before it is prepared. o A public open house was held on October 17, 2022 at Dakota County Technical College. • Publishing notice in the EQB Monitor of when the assessment is available for review and of the procedure for commenting on the assessment. o A notice for availability to review and comment on the EA was published in the EQB Monitor of February 7, 2023. o Notice was provided by mail and email to the General Notification List on February 7, 2023 and to potentially affected landowners by mail on February 9, 2023. • Withholding a final decision on the project until at least 10 days after the notice appears in the EQB Monitor. o The City of Rosemount will make a permit decision on March 7, 2023. • Uploading and filing the EA and other required documents to the Public Utilities Commission (PUC) edocket electronic filing system. o The applicant’s notice to the PUC was filed on August 31, 2022. o A copy of the EA was electronically filed on February 7, 2023. o A copy of the EQB publication was filed on February 8, 2023. o A copy of the notification mailings and affidavit of mailings was filed on February 9, 2023. Agency Comments and Responses The public comment period began on February 7, 2023. Comments were received from Dakota County, Metropolitan Council, and the Department of Natural Resources. All comments were considered in determining the potential for significant environmental impacts. Comments received, the City of Rosemount’s responses to those comments and the type of environmental Anthony Nemcek March 1, 2023 Page 2 \\rsm-file\Planning\2023\Planning Cases\23-02-TF Xcel 115kV Rosemount Transmission Line-EA and Transmission Facilities\022146-000 - LTR - Findings and Recommendation - 03012023.docx impacts and mitigation efforts anticipated as part of this project are included in the provided comment response table. Determining the Potential for Significant Environmental Effects The type of environmental impacts and mitigation efforts anticipated as part of this project include: Fish and Wildlife: Tree removal will occur along this project, including the removal of 41 heritage trees and 617 significant trees. Trees provide roosting habitat for the northern long-eared bat (NLEB). The US Fish and Wildlife Service is changing the listing status of this species from federally threatened to endangered and is preparing an updated guidance for the NLEB and it’s associated mitigation measures. Upon the release of this guidance, anticipated for March 31, 2023, Xcel will further coordinate with the USFWS regarding tree clearing activities associated with this project. The loggerhead shrike is a state-listed endangered species that nests is trees or shrubs, and have been documented in the vicinity of the project area. Per the Department of Natural Resources review of this project, the following required actions will be taken as a part of this project: Xcel will avoid tree and shrub removal during the loggerhead shrike breeding season, April through July. If Xcel cannot avoid tree removal during loggerhead shrike breeding period, a qualified surveyor will conduct a survey for active nests before any trees or shrubs will be removed. Aesthetics: Tree removal will occur along this project, including the removal of 41 heritage trees and 617 significant trees. Xcel Energy has been in coordination with the City of Rosemount for required replacement based on percentages defined in the city ordinance. The following permits and approvals will be required for the project: Agency Permit / Notification Plan Notes U.S. Army Corps of Engineers – St. Paul District Section 404, Clean Water Act Permit Not required. No wetlands present. U.S. Fish and Wildlife Service Endangered Species Act Consultation Not required at this point, however, further coordination with the USFWS may be necessary dependent upon the new NLEB guidance. Minnesota Department of Natural Resources Consultation for impacts on State Species of Conservation Concern Tree clearing to occur outside of the loggerhead shrike nesting season (April 1 to July 31). Minnesota Department of Natural Resources Water Appropriations Permit To be applied for if needed. Minnesota Pollution Control Agency NPDES Construction Stormwater Permit and Stormwater Pollution Prevention Plan To be applied for. Anthony Nemcek March 1, 2023 Page 3 \\rsm-file\Planning\2023\Planning Cases\23-02-TF Xcel 115kV Rosemount Transmission Line-EA and Transmission Facilities\022146-000 - LTR - Findings and Recommendation - 03012023.docx Agency Permit / Notification Plan Notes Minnesota Pollution Control Agency Section 401 Water Quality Certification Not required. Minnesota State Historic Preservation Office Consultation for impacts on historic properties under the Minnesota Field Archaeology Act, Minnesota Historic Sites Act, and Minnesota Private Cemeteries Act Since there is no federal involvement (e.g., permitting or funding) in the Project, the cultural resources investigations were compliant with applicable state mandates governing cultural resources including the Minnesota Historic Sites Act (MS 138.661 - 138.669), the Minnesota Field Archaeology Act (MS 138.31- 138.42), and the Minnesota Private Cemeteries Act (MS 307.08). Dakota County Right-of-Way Permit To be applied for as necessary. Moving Permit (Hauling) To be applied for as necessary. Oversize / Overweight Vehicle Permit To be applied for as necessary. City of Rosemount Conditional Use Permit Required for 115 kV Rosemount Transmission Line115 kV, UMore Park Substation, and 69 kV Transmission Line Addition. Grading Permit Wetland Conservation Act Approval / Exemption Not required. No wetlands present. City of Inver Grove Heights Conditional Use Permit Required for Inver Grove Substation Expansion. Grading Permit Covered under Conditional Use Permit. Findings The City of Rosemount finds that: • The potential impacts identified as part of the proposed project can be addressed through the regulatory agencies as part of the permitting process. • The proposed project includes various measures to reduce adverse impacts to the environment and existing natural resources. • The project is subject to local, regional, and federal requirements. • The proposer will secure all necessary permits and will adhere to all requirements of the permits. Conclusions The EA and comments received have generated information adequate to determine that the proposed project does not have the potential for significant environmental effects. The EA has identified areas where the potential for environmental effects exists, but appropriate mitigation measures can be incorporated into the project plans and the required approvals. Permits to mitigate these effects will be obtained. The project will comply with all local, county, Anthony Nemcek March 1, 2023 Page 4 \\rsm-file\Planning\2023\Planning Cases\23-02-TF Xcel 115kV Rosemount Transmission Line-EA and Transmission Facilities\022146-000 - LTR - Findings and Recommendation - 03012023.docx and federal review agency requirements. The City of Rosemount finds that the Xcel 115 kV Rosemount Transmission Line and Associated Facilities project does not have the potential for significant environmental effects that cannot be mitigated for through regulatory agency requirements. Sincerely, WSB Roxy Robertson Senior Environmental Scientist Attachments: Comment response table Agency Comment Comment Response/Mitigation Measure MN DNR It would be helpful if you could submit the project to Minnesota Conservation Explorer for our Natural Heritage (NHIS) staff to review if you haven’t already. Submitted to MCE for the DNR's National Heritage Information System review on February 15, 2023. Met Council To erect, maintain, and operate the 115 kV Xcel Energy Rosemount transmission line and associated facilities crossing Metropolitan Council property, an Encroachment Agreement may be required. The construction of any new or updating of existing transmission lines or associated facilities, or any other construction project may have an impact on multiple Metropolitan Council Interceptors in multiple locations. To obtain an Encroachment Agreement Application, and to assess the potential impacts to our Interceptor System, contact Tim Wedin, Interceptor Engineering Assistant Manager (651-602-4571) at the Metropolitan Council Environmental Services; and prior to initiating any project, preliminary plans should be sent for review. ERM, on behalf of Xcel Energy, contacted Tim Wedin to confirm whether an Encroachment Agreement is required. Based on this coordination, Encroachment Agreements will need to be obtained from Met Council. Mr. Wedin confirmed that the Project will cross two of Met Council's wastewater conveyance system easements. As such, a single encroachment agreement is required. Xcel will work directly with Met Council to obtain the necessary agreements prior to construction. Met Council The EA needs to acknowledge Rosemount Greenway in the same sections it acknowledges the Veterans Memorial Greenway. If there are any anticipated effects or needed mitigation measures, those should be included in section 6.2.10.Updated EA sections 4.2.2, 6.2.1, and 6.2.10 to acknowledge the Rosemount Greenway Regional Trail. Dakota County The Dakota County Plat Needs Map identifies a future 3-lane highway need on County State Aid Highway 71 (Pine Valley Boulevard and Blaine Avenue) which requires 60 feet of half right-of-way dedication. Per Xcel no need for updates. Coordination with Dakota County has been extensive. Xcel will have ongoing corrdination with Dakota County, as necessary. Dakota County The City of Rosemount and Dakota County are working with area developers in locating future highway improvements on CSAH 71 near CSAH 42 that may require shifting of right-of-way boundaries to accommodate existing land uses. Please contact the city and county regarding the latest plans for corridor improvements. Per Xcel no need for updates. Coordination with Dakota County has been extensive. Xcel will have ongoing corrdination with Dakota County, as necessary. Dakota County As stated in the document, Dakota County permits will be required for right-of-way permit, moving permit, oversize/overweight vehicle permit and any other deemed necessary by the Dakota County Permit Office prior to the start of construction. Per Xcel no need for updates. Coordination with Dakota County has been extensive. Xcel will coordinate with Dakota County for necessary permits prior to construction. Dakota County Dakota County has jurisdiction of CSAH 71 (Blaine Avenue) north of CSAH 42. Blaine Avenue south of CSAH 42 is under local jurisdiction. However, Dakota County has identified this segment as a future county highway. The 60 feet of half right-of-way also applies to this segment.Per the EA, Xcel will coordinate with Dakota County for necessary permits prior to construction. MN DNR Section 5.1.7. Please incorporate relevant recommendations and requirements from the Natural Heritage (NHIS) review (provided below in Comment 8) into the SWPPP and construction plan details. These include the use of wildlife-friendly erosion control, limiting the use of hydro-mulch containing plastic, using weed- free, native state seed mixes, and the timing of ground disturbance and tree and shrub removal. Xcel Energy will work to address comments received from the MN DNR, as necessary. MN DNR Section 5.1.7. The SWPPP should also recognize that portion of the project area is located within a region prone to surface karst feature development. Potential pollutants should be handled with great care in these areas, and we recommend developing an emergency response plan in case surface karst features are encountered during grading activities and/or drilling down 25 feet for the placement of transmission line structures. Xcel Energy will work to address comments received from the MN DNR, as necessary. MN DNR Section 5.1.7.1, Site Clearing. We appreciate that tree and vegetation removal will occur under frozen or dry conditions to prevent rutting and soil compaction. Please see the specific requirements for tree removal provided below in Comment 8 and incorporate them into construction plans.Xcel Energy will work to address comments received from the MN DNR, as necessary. MN DNR Section 5.1.7.4, Reclamation/Restoration. A portion of the project area is located within a High Potential Zone for the federally endangered, rusty patched bumble bee (RPBB). Therefore, we recommend that BWSR-approved, weed-free, native state seed mixes be used to the greatest degree possible within the right-of-way and any stormwater features associated with substations in order to provide pollinator habitat. Xcel will take this into consideration as the project plans are finalized. Language has been added to the EA. MN DNR Section 5.1.8, Transmission Line Maintenance Procedures. Please see the results of the NHIS review below in Comment 8. Required avoidance measures for the protected state-listed species below should be incorporated into regular maintenance activities, such as the timing of tree removal, and avoiding mowing during the times of year when birds may be nesting. We also recommend that the timing of mowing be scheduled to have the least amount of impact on the rusty patched bumble bee and other pollinators. Xcel will follow the required avoidance measures for protected state-listed species as outlined in the comments. MN DNR Section 6.1.2. Geology and Soils. This section should discuss the karst geology that is present in a portion of the project area and provide specific details on the depth to karst-prone bedrock, what the depth of drilling will be in this area, what type of risk this poses to groundwater as well as project stability, and what will be done in the event that surface karst features are encountered during drilling. This information has been incorporated into the EA. MN DNR Section 6.1.3, Groundwater Resources; Table 17. A DNR Water Appropriation Permit is required for the taking of surface water or groundwater for construction dewatering, or for taking water from a pond, lake, or stream for dust control, in volumes that exceed 10,000 gallons per day, or one million gallons per year. A DNR Water Appropriation Permit can be obtained on-line using the Minnesota Permitting and Reporting System. Please contact groundwater specialist, Joe Richter (joe.richter@state.mn.us; (651) 259-5877), with any questions. Xcel will apply for a water appropriation permit if needed during construction. MN DNR Section 6.1.6.4, Sensitive Species and Ecological Resources. A request to review the Natural Heritage Information System (NHIS) was submitted to DNR on February 15, 2023. The content of the final NHIS review letter is provided below in comments 8-a through 8-d. Please note that while an NHIS license agreement can be used to screen a project for impacts to rare species, if a state-listed species is identified within a one-mile radius of the project, a request for concurrence must be submitted to DNR through Minnesota Conservation Explorer in order to coordinate with DNR and determine next steps. An NHIS review request was submitted by Xcel on February 15, 2023. MN DNR Section 6.1.6.4, Sensitive Species and Ecological Resources. The project area is just over a mile from the Mississippi River Twin Cities Important Bird Area. Given the proximity to this important migratory corridor, we strongly recommend using swan-type bird diverters along this stretch of transmission line in order to minimize impacts to migratory birds. Xcel will take this into consideration as the project plans are finalized. A - The loggerhead shrike (Lanius ludovicianus), a state-listed endangered bird, Bell’s vireo, (Vireo bellii), and lark sparrow (Chondestes grammacus), both state- listed bird species of special concern, have been documented in the vicinity of the project site. The loggerhead shrike and Bell’s vireo both nest in small trees or shrubs, while the lark sparrow typically nests on the ground. If the project boundary contains suitable habitat, then it is possible that these birds may breed in the area. Minnesota’s Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit. Given the potential for loggerhead shrikes to be found in the vicinity of the project, tree and shrub removal is required to be avoided during the breeding season, April through July. If you cannot avoid tree removal during loggerhead shrike breeding period, a qualified surveyor needs to conduct a survey for active nests before any trees or shrubs will be removed. Surveys must follow the standards contained in the Rare Species Survey Process. Please consult with the NH Review Team at Reports.NHIS@state.mn.us regarding this process. Project planning should take into account that the survey needs to be conducted during the appropriate time of the year, which may be limited. Xcel will avoid tree and shrub removal during the loggerhead shrike breeding season, April through July. If Xcel cannot avoid tree removal during loggerhead shrike breeding period, a qualified surveyor will conduct a survey for active nests before any trees or shrubs will be removed. B. Peregrine Falcons (Falco peregrinus), a state-listed species of special concern, have been documented nesting for multiple years in a nest box on a nearby building. Provided the project footprint doesn’t change, it is unlikely that the construction activities will affect these birds. If the birds exhibit unusual behaviors or other signs of potential distress during construction, especially during the breeding season April through July, please contact the DNR Regional Nongame Specialist. If peregrine falcons exhibit unusual behavior or other signs of distress during construction, Xcel will contact the DNR Regional Nongame Specialist. C - The gopher snake (Pituophis catenifer), a state-listed species of special concern, has been documented in the vicinity of the proposed project and may be encountered on site. These snakes prefer grassy areas with sandy and gravel soils. Given the presence of these rare snakes, the DNR recommends that the use of erosion control mesh, if any, be limited to wildlife-friendly materials. Xcel will consider using wildlife-friendly BMPs. D - The area of interest overlaps with a Rusty Patched Bumble Bee High Potential Zone. The rusty patched bumble bee (Bombus affinis) is federally listed as endangered and is likely to be present in suitable habitat within High Potential Zones. From April through October this species uses underground nests in upland grasslands, shrublands, and forest edges, and forages where nectar and pollen are available. From October through April the species overwinters under tree litter in upland forests and woodlands. The rusty patched bumble bee may be impacted by a variety of land management activities including, but not limited to, prescribed fire, tree-removal, haying, grazing, herbicide use, pesticide use, land-clearing, soil disturbance or compaction, or use of non-native bees. The USFWS rusty patched bumble bee guidance provides guidance on avoiding impacts to rusty patched bumble bee and a key for determining if actions are likely to affect the species; the determination key can be found in the appendix. If applicable, the DNR also recommends reseeding disturbed soils with native species of grasses and forbs using BWSR Seed Mixes or MnDOT Seed Mixes. Please visit the USFWS Rusty Patched Bumble Bee Map for the most current locations of High Potential Zones. The USFWS guidance for the rusty patched bumble bee will be referenced as necessary. MN DNR Section 6.1.6.4, Sensitive Species and Ecological Resources. This section should also discuss how the project will address and prevent the spread of invasive species.This information has been incorporated into the EA. MN DNR Section 7.2.7, Aesthetics. This section should also discuss project lighting, especially of Substations, and any affect it could have on migratory birds.This information has been incorporated into the EA.