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HomeMy WebLinkAboutMERP 1 ,,,OF MIN 9 y�� Minnesota Department of Natural Resources m y DNR Waters, 1200 Warner Road, St. Paul, MN 55106 -6793 A it Telephone: (651) 772 -7910 Fax: (651) 772 -7977 -.......- Q O FNATUsp e August 5, 2004 Mr. Jim Bodensteiner Xcel Energy Environmental Services 414 Nicollet Mall Minneapolis, Minnesota 55401 -1983 RE: Amended Permit #2001 -6115, Allen S. King Plant, Spillway Improvements Lake St. Croix (82 -1), Washington County Dear Mr. Bodensteiner: Pursuant to your request received June 13, 2005, Permit #2001 -6115 is hereby amended to allow placement of a sheetpile wall, demolition of the existing concrete spillway and construction of 2 new screenwash return lines; all in accordance with plans received June 13, 2005 and July 26, 2005. T flotation silt fence shall be anchored on the ends in some fashion to prevent sediment bypass around the ends. If possible flow should be diverted around the disturbed areas of the project to minimize sediment leaving the site. Any barges or other watercraft used during construction shall be free of zebra mussels prior to use. Native vegetation shall be utilized where possible to stabilize disturbed areas. This authorization is effective until June 30, 2006. All other terms and conditions of Permit # 2001 -6115 remain in full force and effect. Please contact Area Hydrologist Molly Shodeen at 651- 772 -7910 if you have any questions. Sincer , / Da e . Homut Regional Hydrologist Enclosure c: City of Oak Park Heights, Eric Johnson DNR Fisheries, Dave Zappetillo Washington County SWCD DNR Wildlife, Brian Lueth Middle St. Croix Watershed District National Park Service, Randy Ferrin U.S. Army Corps of Engineers, Dan Seemon DNR Central Office Permits Unit, Ron Anderson DNR Conservation Officer Jason Jensen Lake St. Croix (82 -1) File DNR Information: 651- 296 -6157 • 1- 888 - 646 -6367 • TTY: 651- 296 -5484 • 1- 800 - 657 -3929 An Equal Opportunity Employer of Printed on Recycled Paper Containing a Who Values Diversity vo w Minimum of 10 % Post - Consumer Waste Xcel Energy- L 1103 King Plant Road Bayport, Minnesota 55003 -1000 August 18, 2005 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N., Box 2007 Oak Park Heights, MN 55082 Dear Eric, I appreciate your continuing flexibility in allowing us to construct the storage building (Project ID #33), without installation of footings. This letter is to document the agreement between Xcel Energy Company and the City of Oak Park Heights. The following two conditions are agreed to: 1. Xcel shall by a date not later than July 1st, 2008 and following at least two "freeze- thaw" cycles, provide explicit and documented evidence by a Structural Engineer, licensed in Minnesota and at its own expense to the City of Oak Park Heights that the structural integrity of the building and its foundation remain intact, are without material defect and are safe. Should Xcel fail to provide such evidence or should the data provided not indicate that facility as safe, the City shall condemn such structure and order the facility removed. Xcel Energy shall provide all costs for removal and site restoration. 2. The facility shall only be utilized as a cold storage facility, until it meets or exceeds City Standards for a different use. Sincerely, A UL )rt:3 Mark J. Fritsch Plant Director Cc: Ronald W. Elsner, Xcel Energy Russell Girtz, Xcel Energy Darrell Knutson, Xcel Energy ;_ ° City of Oak Park Heights 439 -4439 • Fax (651) 439 -0574 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) August 15, 2005 Mr. Russ Girtz Xcel Energy 1103 King Plant Road Bayport, MN 55082 RE: Building #33 and Fill Request. Dear Mr. Girtz This letter addresses two issues as above. Building #33. You may proceed with the construction of this facility subject to the terms and discussion we held at City between yourself, Tim Schappa, Darrell Knutson, Jim Butler and myself. Specifically, the footings / slab element of the structure were in question. The City however strongly recommends that Xcel install its footings and foundation to the extent as discussed (three options) and as provided by your engineer American Engineering Testing, Inc. dated June 27 2005. Should Xcel opt to not to install these footings to the extent as recommended, the City will allow the construction of the facility with the following conditions: 1. Xcel shall by a date not later than July 1a; 2008 and following at least two 'freeze - thaw" cycles, provide explicit and documented evidence by a Structural Engineer, licensed in Minnesota and at its own expense to the City of Oak Park Heights that the structural integrity of the building and its foundation remain intact, are without material defect and are safe. Should Xcel fail to provide such evidence or should the data provided not indicate that facility as safe, the City shall condemn such structure and order the facility removed All costs for removal and site restoration shall be provided by Xcel Energy. 2. The facility shall only be utilized as a cold storage facility. In order to proceed from this point to allow such construction with these conditions, I need a letter from Xcel Energy — signed by the responsible party that indicates that it accepts the above conditions (in italics) and that it waives its right(s) against such building condemnation and/or special assessment. I would like to also remind you that this facility is already burdened with certain use conditions as agreed upon by Mark Fristch, Plant Manager subject to the terms of my letter dated April 4 2005. Fill Request. Xcel may not proceed with the placement of 300,000 square feet of fill in the area you requested, in your email dated 8/10/05, or in any area, without the issuance of a Conditional Use Permit subject to VINIIIMMEMN the terms of Section 308 of the City Code. In the past, the City has granted Xcel Energy latitude in its review process to expedite vastly smaller scale projects. Again, this current proposal is a significant project involving approximately 300,000 square feet of fill material. The City would only consider such request thronpb the formal process; Conditional Use Permit. Until s such for ss , j fill shall be removed from the site. sle. Should you wish to pursue please advise me as soon as possible. '. a kno you have any further questions. cere� , ric J•.it'.on City • II • ' stator Cc: Mark Vierling, City Attorney Jim Butler, Building Official Darrell Knutson, Xcel Energy Ron Elsner, Xcel Energy Mark Fritsch, Xcel Energy JUN 2? 2005 09120 FR 6516591379 TO 97146383 P.02/04 Tune 27, 2005 Utility Engineering A S. Ding Plant Rehabilitation Project P O Box 20 Bayport, MN 55003 Attn: Mr. Tim Schappa, PE Re: rest Pit Observations A.S. King Power Plant AFT Job No 20 -05088 Dear Mr. Tim Schappa: This letter concerns the foundation support of Building #33 at the A .S King Plant located in Bayport, Minnesota. During our site visit with personnel from Xcel Energy and Utility Engineering we observed the soils in the bottoms of the footing trencbes and performed observations of the test holes excavated in these footing trenches. The new cold storage building will have approximate overall dimensions of 40' by 104.1', and will have a 5" thick reinforced concrete slab -on -grade floor with thickened monolithic perimeter edges. The above -grade structure will have a wood frame and wood truss roof An allowable soil bearing pressure no greater than 1,500 pounds per square foot (psf) was used for foundation design. During excavation, we observed darker colored soils in the footing trench excavation bottoms We then requested the excavator to dig test -pits in the perimeter footprint of the building. During the test -pit excavations we observed about 3' to 5' of what appears to be natural sands over about 3' to 4' of peat and then over 3' to 4' of organic clay. These soils were then underlain by natural sands and possible limestone The on -site equipment was only able to penetrate into the very top layer of the natural sands and possible limestone in some areas. The excavation terminated about 12' below finished floor elevation in the natural sands. Based on out test pit observations and hand cone penetrometer probes we judged the soils at the bottoms of the footing excavations not suitable for foundation support. Our hand cone penetrometer readings indicated the upper layer of apparently naturally deposited sands should '+ be capable of supporting unit stresses of at least 1,500 psf. The underlying peat and organic clays , however, were judged to be compressible and not suitable for footing support TUN 27 2005 09:20 FR 6516591379 TO 97146383 P.03/04 Utility Engineering Tune 27, 2005 AET Job No. 20 -05088 Page 2of3 Based on these test -pit observations and boring BV -211 of Black and Veach's October 2004 r ort, (No 139280), we would strongly urge the owner to consider one of three options ep presented below The first option would be to perform a mass excavation and c f operation expose s o l the natural sand area This would entail excavating the peat and h roc natural W s e test e observed at a depth of about 12' below finished floor elevation thf cd floca cations e recommend clean sand be placed and compacted to approximate Normal building construction could then pro ceed. Please note, perched water may be a significant factor while performing the mass excavation correction. The second option would be to consider helical pile/anchors. This type of foundation stem typically ties helical pile and the perimeter footings together at specific intervals around the perimeter. It also usually requires the floor slab to be reinforced and tied into the perimeter te rl w ng perim e you to contact either Atlas Found perimrter walls, to reduce settlement: This would require oundadon system. Although or Veit Companies and solicit their services for this type not design this type of foundation system we do provide testing of this type of foundation system The third option would be to consider geopiexs as an alternative foundation system. Geopiers typically incorporate drilling multiple pier cavities in the exisggr ting 8 soil ban up to role imate depth (assumed to be about 12' to 15') and placing and compacting more cost effective when finished floor subgrades. This type of foundation systems is typically the building is larger. Regardless of the above, we understand that Xcel Energy intends to place a thickened edge monolithic slab instead of traditional frost footings, in an effort to reduce the potential for building settlement The compressible soils (peat and organic clays) observed below the upper layer of sands may consolidate under the stresses exerted by the building slab. This could lead to settlement m le u nts in excess of the normal 1" of total settlement typically used for structural design may not be uniform and differential settlements o st excess distress. across If Xcel Energy scour 'I he increased amount of settlement co elects to must be willing to construct a thickened edge monolithic foundation on the existing soils, they e organic soils accept the risks of excessive building settlement associated with not removing from below the building Our services for this project have been conducted to t h o this, and ids c express al for services of this type at this time and location implied, is intended. JUN 27 2005 09:21 FR 6516591379 TO 97146383 P.04/04 Utility Engineering lune 27, 2005 AET Job No • 20.05088 Page 2 of 3 Sincerely, American Engineering Testing, Inc. , de Ala St� Koeuaa, P E. yle R. Anderson Principal Engineer Staff Engineer Y MN License No • 13180 E1T No. 126762 • • • • • x TOTAL PAGE.04 ** Eric A. Johnson Girtz, Russell [Russell.Girtz a(7jc celenergy coml From; Wednesday, August 10, 2005 8:24 AM Sen Julie Hultman a Timothy bject To: Eric A. Johnson; Schapp *33 letter and Temp Soil Pile 32.070 050809 Status of Building S S Attachments: 20050810081445749.pdf 2005081008144574 questions: 9,pdf (164 KB)... Julie, I have the following Per our telephone discussion y esterday, #33 per Xcel's 1. Status of the letter from OPH that allows us to proceed with building with Eric and Jim. opportunity to store some meeting we have identified an opP the construction process, it to an off -site storage of As part of on site in lieu of hauling which indicates spot the and then bringing dirt temporarily back 33 h to in then bringing is back when needed. rea north cofdwhere building ee 3 is will send a S pot and pile in The area is currently overgrown with weeds and small the location of the storage p 300 ft x 100 ft x 10 ft. p ho t o lac We propose to place a silt fence around area and will reseed photo later today). P ile would The dirt p ld be approximately s on local roads. area when we are complete. 4000 truck trip The use of this area would eliminate i action on these issues. Let me know if you can give me any <<20050810 081445749.pdf» Thanks -Russ 714 -63 1 it SP- City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -057 April 4 2005 Mr. Ron Elsner A.S. King Plant Xcel Energy 1103 King Plant Road Bayport, MN 55082 Dear Mark, April 1, 2005 our conversation of Friday, This p of this letter is to memorialize our foot building (Project ID# 33) to be relative to the disposition the it the 4,000+/- square constructed with As you know City fire suppression s code does require that thus building have an operating will allow the system (sprinklers), but at this time and for an interim peri od only the City and use of the building as cold st �th for non - hazardous materials construction an suppression systems. without the immediate installation of such However, this condition is not suitable for any long -tem use including storage• es such ch cold cold Accordingly one of the following shall be CCMPLEiD by protection codes exist in the City on July 1st, 1. Based upon whatever building/ fire 2008, the entire structure t to code compliance, including the installation of an appropriate fire suppression sprinkler system. structure (including footings/foundations) shall be removed and the property 2. The stru brought back to a suitable pre - construction con itio by the City to be utilized for facility Prior to 7/1/08, should the facility be determin ed Xcel Energy shall bring operations /actions other than for such cold storage, P into code to install compliance as outlined in item 1 above or shall rem e s ue the st u s tems at t the th u 1 � the Ener ro osed o for cold stora e and will not be thhis is t time even an uinhabited" facility. Lastly, should Xcel Energy fail to implement either of the two items; the City shall proceed to a special assessment (condemnation) against the property and shal remove such structure. Under this scenario, Xcel would be responsible for all administrative, of the structure. engineering, legal and other fees related to the removal h SpeC ess ssment and may not Accordingly, Xcel Energy shall specifically allow dispute such Special Assessment. Naturally, the City is in need of a letter from your office that agrees to the dates and processes as above and agrees to waive any disputes of Special Assess went of Upon the receipt of such letter, Xcel Energy may proceed with the ultimate p Permit. structure (Project ID#33) subject to the terms of the Building Please let me know if you have any questions. Sincere Eric Johnson / City Administrator Cc: Mark Vierling, City Attorney Darrell Knutson, Xcel Ron Elsner, Xcel Russ Girtz, Xcel Jim Butler, Building Official Brad Carmichael, Fire Inspector Xcel Energy" 1103 King Plant Road Bayport, Minnesota 55003-1000 April 8, 2005 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N., Box 2007 Oak Park Heights, MN 55082 Dear Eric, I appreciate the flexibility you and the city are providing us in allowing the construction of the storage building (Project ID #33) to be built without immediate installation of a fire suppression system. This letter shall document Xcel Energy's agreement to comply by December 31, 2008, one of the two conditions stated in your April 4, 2005, letter: 1. Based upon whatever building /fire protection codes exist in the city on July 1, 2008, the entire structure shall be brought to code compliance, including the installation of an appropriate fire suppression sprinkler system, if required. 2. The structure (including footing /foundations) shall be removed and the property brought back to a suitable pre- construction condition. Prior to July 1, 2008, should the facility be determined by the city to be utilized for operations /actions other than for storage, Xcel Energy shall comply with one of the above or remove the structure. Sincerely, N Mark J. Fritsch Plant Director Cc: Ronald W. Elsner, Xcel Energy Russell Girtz, Xcel Energy Darrell G. Knutson, Xcel Energy N , CI' bq .-1 4� cn • 5 as gao O a, a 0 Pi tit) o I . : t).0 : 7 5 CA °�bA 0 Woo cn 0 M N O O N N r a n *0 V >< P. • 5 N a> C) O~ • :SI v r ^O A p En • Q + b y g g !gyp +-' + ' 'f7 rn C • a M cad a, � N id Q O y a) ,�i mad- 3 b.0 4; a, E a, 4.' 0 a • ''0 o a U 3 �°'� >, L., 0 `" 0 4 - ¢, ° 9 +. v� bA O .o o ▪ i,22 o - a, }. a, O U o O g 0 o aa) ›, N _, 0 o ca 0 a te , riio • o 0 o c o � = UQ W o a., 0 °rn 4.) o N O s. a, 0 ; E N ,n O a) N O cd rn a < N ao N ^ . y N -) a0 CO N N O 00 a, a, >+ p1 O n cn O 0 ca., O co 4 CO >, N 'b ' C C i O Fi vv .` t D ca ., a)a) a O F fa - a N in Q • ' 'd ' b c0 y o v +- O m to a, 4 0 i ° f c W t fl a ? ;N C CI) 2 • W d W a, a) . LL. if W , by 0 t. •— i O E *+ tL .. 0 t3..�"., 0 0 V Y N = V O r-' y Li") O W u N t 0 ca 4 Q a, c� c E� X -o ,S . M • X • • 0 C) cd L o0 ti' V I City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 May 31, 2005 Mr. Ron Elsner Xcel Energy 1109 King Plant Road Bayport, MN 55003 RE: Fill Request Dear Mr. Girtz, I have had an opportunity to review your request to fill an area at the Allen S. King facility. Xcel Energy may proceed with filling of the areas as depicted on the maps and photographs provided by Utility Engineering — dated 5/5/05 CADD Drawing # D011316- 140S017, but only after my office is provided a wetland delineation and/or analysis of the area proposed to be filled stating that there are no impacted wetlands; or if there are impacted wetlands, a Wetland Delineation and Report indicating compliance with the Minnesota Wetland Conservation Act (no net loss, incidental, etc). If there are no impacted wetlands, a letter from your licensed Wetland Specialist stating such is adequate but again I must receive this letter prior to commencing of any fill activities. You must also contact the Middle St. Croix Watershed Management Organization and the Minnesota DNR as they may also have concerns on your project. The City cannot warrant to Xcel Energy that the requested improvements are in compliance with the US Army Corps / FEMA regulations regarding floodplain management and advises . you that these are additional agencies that may have jurisdiction and should be contacted. Lastly, with regards to your storm -water management plan as approved by the MPCA, it is our understanding that no storm -water may leave the site. Accordingly the water now be held in these areas being filled is to be diverted only to the existing 9+ foot deep storage area directly to the north and that this area is of sufficient size, according to Tim Schappa, to manage a 100 year flood event and that no outlet structures will be installed into this pond without prior City approval. Please affix your signature to this 1e l: . • Xcel En 's acknowledgement and acceptance of these conditions and that you shall comply with the terms,, d. Rona suer, Xcel nergy ei * LESLIE ANN BARUM Ink Pt** - Minnesota P. Once you have signed above, 1- the * and - ep one copy for yourself 1/31/2010 nk Y•., Eric Joh on f a Administrator s irtz, Russe `_ . : :oad ' � From: Sa rappo, Sharon A Sent: We dnesday, June 01, 2005 2:27 PM To: Gi rtz, Russell Cc: Bo densteiner, James J Subject: Ne w Fill Area at King and New Construction The area on the King Plant property just South of the co ya, pro posed r to be filled in with Class 5 gravel, i s currently a wetland, How the somwater pond was not constructed as a wetland or for mitigation of wetland but was constructed for stormwater runoff control. The area is not in historical wetland and therefore should be considered Incidental Wetland. A flood wall has been installed on the King Plant site adjacent to this area so that the area to be filled is above the 100 year high water flood mark. The stormwater pond is not listed in the DNR Protected Water Inventory nor is it listed in the National Wetland Inventory. In 1979 this area was a coal slag storage area. Melisa Lewis of the Middle St Croix WMO has been on site and observed the areas to be filled. At the time of her visit Ms Lewis did not have a problem with Xcel Energy filling in this area. A formal letter from Ms. Lewis has not been received yet. Xcel Energy is permitted to allow non - contact storm water to leave the King Plant site. For the new construction road area where the trees are to be cut and a new driveway put in, the trees have been inventoried and approved by the City Arborist. However, a small section in the tree removal area of approximately 1000 sq ft is wetland (1/16 of an acre). It appears that this area receives stormwater runoff from the adjacent plant entrance road. This area is not in historical wetland and was not created for mitigation or restoration of a wetland and is therefore, Incidental Wetland. Below is an aerial photo from 1964 showing the King Plant site prior to construction which documents that the two fill areas are not in historical wetland, but are in upland areas. n W • 1 ,E t r gg ' .a 1 f II 4'' ' ' ''.': \i' 9. ° ''Il ' 7.',;"*''' '''''''''''',N,,, ,, , ,o. , °:'''^ '- *' '' . ' :- „, 4 t, 7.- , ..: , 1 t . .... ..., , . , . . , , . .. . . . .., , . , I, : ..,,,, ,,,,,„, .,. ,,,i , Sharon Sarappo Senior Environmental Analyst Xcel Energy (612) 330 -6743 , l City of Oak Park He • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) _ ( ) 439 0574 May 5`", 2005 To: Mr. Ron Elsner Xcel Energy 1109 King Plant Road Bayport, MN 55082 (-7-....„ From Eric Johnson, City Adminis RE: Filling of Certain Area ` � " rea & Installation of Driveway Dear Mr. Eisner, I have had statements:an opportunity to review two requests from Mr, Russ Gitz and have the following comments and 1) You may Proceed with filling of the area directly south of Transfer and photographs provided and as attached hereto. You should House #4 and h concerns, as depicted on the proactively investigate if there are any 2) You may proceed with the i nstallation Andersen of 24' parkin f wide the maps and d between photo your provided ded an d hereto. Unlike Item #1 a g facility as depicted on the maps and photo a nd the hove the City has the following �aphs provide ++'ing conditi°ns: d and attached o Only the two small pine trees Only e treed need pine to may be removed; no additional trees need to be eliminated. Should additional and co removed, you must notify City in writing may obtain review mment b f y the Ci com so we is Ordinance, y the City Arborist for plian a and ce with t h t the e to City's ity c Treeen, s e o 2007 Bay June 1, 20 this wide s 2 condition ay June 1, 20 driveway t is 24' driveway shall either be removed use. o shall provide and the site restored to its c typical bituminous material and to Vent hl provi a wetland delineation and/or an industry attention l pro i e a etland delineation Io there analysis arse no of impacted area provide tndide L report to r licensed Wetland Specialist is adequate. Pacted wetlands, a letter from your Please affix your signatt ure to this l l e you shall comply with the temai cel Energ 1' acknowledgement and acce / ptance of these conditions and that L5/ le 0-5 on) er, Xcel , ergy 4 No "s �'!��; "' ,� . -_ fir' � �� Once you have signed above, p/ tic - i nesota ' ori: ,n `r 0 :ifs' �rir Thank You. I u keQi one CO Pyf °ryourself. Cc: Russ Girt Xcel Energy IIII a . • r , - U m r t �. -- r...l?Yf r ..•+.•. • J W y J I• 3 g 1 Q 118 LL Y .i / j l ,y1011 os a 9 1 ', w • }4@ I 'll i � k T �E t 'II C i lil 441 7 / ti , �_ , 1 a € o , q I : ',, , _ g i _ _ N E Y s ae s 1 P /; ;' ii N $ Y ! II A ' i y i p 4 ii ■ 9€ G i l l - 1 V k n it e/ ;t 1 / i 1 `•. 1 i t �C im9 L. a 0.„- i \ ` 1 . 1 — 1J -_ e s % i i •(, •! N s A '. ' i2 $4 .� •b y 1 :,4:;'?..:: �� G 6 • • 1 ; '. :.: c. t 8 y . illif •• i S i •F.:b.:•C 1yb M nRt:vwt•C.:•q " i i ------''''.--1-`• II 1 is 4,111 A CO 1 gr MS h i�— J ,g , „ , - ------- if[ ...... ... 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' t .), ts, d .36 :,,,-*-, ,,,, 1 4 '''-:'''''7';`,,, '',,t;,:_i''',,.,,,,‘„,,,:_.,,,:,:: ' e '�. p 4 " w + « y a ' r -*- ..,‘,..,1'; ' 4' 411/ ., j 4 ' '' ..... , _ , , . .. .. ,, 4 ' 4, ' ,:."t ,,,.. 4 1 9t a it g . tit Y -' ' ' '' '- r d. 7 City of Oak Park Heights 651 439 -4439 • Fax (651) 439 -0574 1 416 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) May 20, 2005 Mr. Russell Girtz Xcel Energy 1109 King Plant Road B MN 55003 RE: Road Construction and Installation Dear Mr. Girtz, secure a Conditional Use The City is in receipt of your materials relate to an entrance off STH 95. Staff has Permit (CUP) to install a private road near your had an opportunity to review the materials and the following additional materials are needed / required to make an adequate evaluation of the project as well as complete application. attention by May 31 2005. Upon the Please remit the following information to my application complete and will receipt of such information the City will consider the app schedule a public hearing for June 9 2005 at 7pm — Oak Park Heights City Hall: 1. Three (3) large scale 24" X 36" and twenty (20) 11" X 17" of the proposed improvements, these drawings must clearly show the current conditions AND the proposed .final conditions — including drainage. The drawings should also have a cross - section of the proposed roadway. 2. A clearly defined tree inventory. All trees that are to be impacted and/or removed must be INDIVIDUALLY indicated, sized and species identified. Clouded areas of impact are not satisfactory. 3. A statement from a licensed wetland specialist that there are no impacted ort wetlands; or if there are impacted wetlands, Wetland c De � h provided prior and to the indicating compliance (no net loss, incidental, ) m June 9 public hearing. The City is in receipt of your Development Application form and the $400 Conditional � p USe Permit application fee. The City will waive the $1,000 escrow for this application as previous escrow payments will be satisfactory. S ject the appli City not receive this information aterials by to 4 :30 your p atte m ntion. on May 31 2005, the City will the cation and return the m Pursuant to Minnesota Statutes 15.99, Subd. 3(f), the City of Oak Park Heights is herewith extending the period of time for agency /city review of the project for an additional 60 day period (for a total of 120 days from the date of application) inasmuch as the City has determined that additional research and study by City staff relative to the project as proposed will be required. Please let me know if you have any • uestions, cere Eric , • son Ci , • dniinistrator Cc: Ron Elsner, Xcel Energy Mark Vierling, City Attorney Kathy Widin, Arborist Julie Hultman, City Code Enforcement Dennis Postler, BRAA Scott Richards, NAC . City of Oak Park Heights 1 439 -4439 • Fax (651) 439 -0574 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (65 1) May 17` 2005 Ms. Toni Volkmeier Air Quality Permits Section Industrial Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 RE: MERP — Local Building Permits Dear Ms. Volkmeier, This letter is to inform you that Xcel Energy has secured from the City the necessary local building permits for the following MERP Project ID #s 1 thru 20, 22 thru 26, 28 thru 35 and 37 thru 41. Xcel may proceed with same. These permits do not cover work that is not explicitly identified by these submissions. Project ID # 27 states as "construction road by others "; this has not been permitted and is subject to alternative review process. Project ID#s, 21 and 36 are not utilized. Upon the completion of all such work, Xcel Energy is required to provide the City with "AS- BUILT" drawings and final elevations for final review and issuance of occupancy permits. Lastly the balance of the terms and requirements upon Xcel Energy (as stated in my 4/1/05 correspondence to Russ Girtz, Xcel Energy — attached hereto) remain intact. Please let me know if ou have any • • stions incerely,` Eric Johnso City A• „ •• .tor Cc: Russ Girtz, Xcel Ey Ron Elsner, X,cel Energy Mark Vierling, City Attorney Jun Butler, Building Official Richard Sandberg, MPCA City Council d.ijx P.x City of Oak Park Height 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, April 1 2005 Mr. Russ Girtz Xcel Energy G_ e 1103 King Plant Road Bayport, MN 55082 RE: Building Permits for Project ID#s: 2, 4, 5, 6, 13, 15, 17, 23, 24, 37, 38 Dear Mr. Girtz, Enclosed herewith are Xcel's Building Permits for the above Project ID#'s. Xcel may commence work on these elements subject to the terms of the permits, the 2004 Conditional Use Permit, City Ordinances and previous correspondence relating to the terms of the approval of these permits. Please carefully review each permit as it may require additional documentation and requirements specific to its use and type. We have also attached comments from our City's Engineer for your review and consideration. However, as you know and as we have agreed upon, the MERP includes forty-one (41) separate elements; and to date the Ci has not is 'iteti ermits for the fofio n Pro' ect 10 .1 1 , X 20 , `2 (2 � r t 0 ether worn. n©t'ex 4d ar t v , "RE rte. Accordingly, no work may commence on these elements, including the commencement of any pilings, footings and foundations, until the City issues such permits. The City awaits the submission of these applications, (The City is currently processing items 10, 11, 26 and 28 as these were received on 3/31/05, but no permit has been issued) Attached hereto is a photo dated Summer 2003 that depicts the area of your facility; those areas in yellow (Areas 1 and 2) are disturbed areas and may generally be utilized for finish grading purposes only. However should a wetland, or possible wetland, occur in these areas, it is your obligation to first contact my office to determine appropriate steps prior to commencing with any filling, which may include formal wetland delineation. At no m a a `; .. i g ced in a eas outside I f Areas l., or 2 > formal written aPP�v ' a nd � o the Cl#v o O ©ak� - a i ts. However, you have stated to my office that all fill material is leaving the site and the City so this should not be an issue. Lastly, the City and Xcel are engaged in a permit request to allow additional filling of the swale adjacent to the current office trailer structure, this letter does not supersede such permit request and Xcel must first receive written approval to fill such area. Lastly, as we have stated, the City requires 24 hours advanced and confirmed notice to schedule any inspections. Please endeavor to make timely inspection requests so that your project does not experience delays. The summer season is quite busy for our inspection staff and inspection request are provided on a first come, first served basis. Please let me know if you have any questions. Sincerely, c Johns,e�Ti) �l y 'stator J Cc: Ron Elsner, Xcel Energy Darrell Knutson, Xcel Energy Mark Fristch, Xcel Energy Mark Vierling, City Attorney Jim Butler, Building Official Richard Sandberg, MICA City Council Members MANTYLA WELL DRILLIN PAUL 13, 05/18/2005 14:24 6514365106 • &Skg7 .II.�iCs WATER ANALYSIS .,30N119ili Lane North - Champlin, Minnesota 55316 28 August 2004 Tcicphonc; 763- 427 -0126 11;1). 10 I! 411443773 • Test #: 171705 Time: 11:00 AM From: - '1 1 G�.•l�, To: MANTYLA WELL INC. Date drawn: 26 August 2004 PO 130X797/1392 ST. CROIX TR. Date tested: 27 August 2004 LAKELAND, MN 55043 tic. #: 82084 RE: Water Lest at,: 1103 Kinq Plant Rd; Bayport, MN Owner: A 5 Kinq Plant • Field Engineering personnel in conjunction with TCWC tested the water that was drawn by Mantyla Well at the above address • and the results were as follows: Nitrate Nitrogen -per Electrode Method 3.66 mq /1 (Maximum allowable limits, less than 10.0 mg/1) Co.liform Bacteria -per ME Method less than 1.0 per 100 ml (Maximum allowable limits, less than 1 per 100 ml) • This water DOES meet state, FHA, VA, and U.S.P.H.S. specifications cor the tests listed above. TCWC is authorized to perform these tests the Minnesota Department of Health. Sincerely Yours, Marvin . - We- el 05/18/2005 14:24 6514365106 MANTYLA WELL DRILLIN PAGE 04 ' MINNESOTA DEPARTMENT OF HEALTH MINNESOTA uNIQuF waL NO. NW N 2 __. WE LL AND BORING RECORD - ��. r '; �, Y ., �- Minnesota Sta Chapter 1021 ..• • -. .hip N 9! ! 11 0�`d WELL DEPTH (completed) Date Work t ompleted ;vriship ame Township N Range No. Se — .V ction No. Fraction R M N 231i 2 A01 GU 16 , ra00t 2014 I 'b NW, 90 DRILLING METHOD 'ii ;i Latitude degrees —. _ minutes — secends (•] Cable Tool i_.IOrlven I,.IDUg I.nntrilUde degrees �.. _ • t r,ArION minutes ,- seconds —. 0 Auger IX Rotary I. I Jetted _ In., Numb; Stree se Numbt Name. Olry, a nd Zip Gode of Well Location I or Fire Number 1 - j am - • - , -- " — " DRILLING FLUID WELL HYDROFRACTUREb (_I Yes � NO 1103 KM HAW RD, BAYPORT ..: Sketch mep o1 well location, AIR mom •" • . —it, TO •; �snci Ion: +lion nf�wcll in varllnn Arid with "X". $hOwing prOpCny lines, Hea ooli roads and buiding8 USE 0 Monitoring U ` n9 N r Domoo 0 [] FnVIrOn. Bore Hofe n Industr y , _ __ - _ ^ -, 1 ' NOncOmmunlly PWS [] Irrigation Remedial �,. • ,4f 0 community Pw8 ,0 Dewatering Q ___... —' y,, ; -• -- -• --'`'- CA Drive Shoe? X.I Yea ❑ No HOLE DIAM. • I c - " [Steel 0 Threaded XI We eed ` ?...., » 1. 0 Plastic .. 0 - rile a� , WEIGHT Q• CASING DIAMETER 12 35 S in, to _ - h. 2$ • 55 Ibellt. _ in. to h• 1 -• 1 nniH.... — i \-...—____ • �'_ "...,.. . _ In. to • / _ It • 10.79 then 7 in. to ft. . in. to fl. It)eJh. 4..._ In. to7 h. �tfJPt ?PITY OWNER'S tdAMfICOMr'ANV NAME r OPEN HOLE 8a ..$ lro_ &d SCREEN k°�S! , rop5rtY owner's mating address ress _ 11 dKlerant than well location address indicated a Make FROM ft. TO ft ---- TYPe _ Dlam, —.. C�3 KING cM ' vQ�Q SbvGau e . Length ---- ;�' ' j �/v� Set between „^ IL and h. FITTINGS _ - $TATlc WATER LEVEL AUGUST 16, 00 tt.( below 0 above land swam Date measured__ , 'PUMPING LEVEL (below land surface) �.yy !I•.1_L OWNER'S NAME /COMPANY NAME after_ • tire. pvmping q -P -M. WELL HEAD COMPLETION ��i NeM owners mulling el.dress if different then property owners address indicated above. Pitlese adapter manufacturer � w�- Model ,`w y I Casing Protection _ It] 12 In. above grade 28 0 At -grade (Environmental Wells and Boring ONLY) GROUTING INFORMATION Well grouted Yee n No Grout material Neat cemem [] Bentonite 0 Concrete [j High'S011de Bentonite from 6 , lo___75_.- h, ._..24— D Yds. ago from__._ to — . ._ IL . ,..— _—.._... f. Ps. i .begs — HARDNESS OF FROM 10 • Irom_... 10 — N. —� .. ..._ 1 i yds. 1.1 begs t:EOLOGipAI_ nnnrepintS cot .on MATERIAL ,,. _ NEAREST KNOWN SOURCE OF CONTAMINATION _ dnecnon BUILDING/ ,. --JYPe BROWN o leer SEVER LINE -,,,., "Well disinfected upon completion Yes ❑ No r• C � 32 C5 PUMP i -. • g(', .. .Tit i W 0 Not Installed Datein'idlled � 19, 404 ._ • SAND D ROCK t0 Manufacture name . ' - . ' .yam 0 •- t , tn.r MEDIUM I'i Model number l 1 II 3 Hp�,_ VoIre, 23 Length of drop pipe, 73 h. Capacity 1 S— g .p.m. - Type: S ubmersible Q L.S.1Urbine [-I ReciprOCating ❑ Jet ❑ _ ,....• ABANDONED WELLS •- V Does proper have any not in use and not sealed well(s) 0 Yea fJ No VARIANCE Was A Indians granted from the MOH for this well? ❑ Yes [5tNo TNS WELL CONTRACTOR CERTIFICATION • *file well was drilled under my supervision and in accordance with Minnesota Rutes, Chapter 4725. "_ - . . The information: contained In Ulm report Is true to the best of my knowteage. Uae a sew , 7d ewer, it neerred tearrsta ^E0(11X11:411- � 7�/ �iR� R , INC ; 82084 Mg tip t- PdAFlKS, ELEVATION, SOURCE OF DATA, etc. • 1 _...ST LCP_ p.0 —1 I r -fig f +.rav • ' r Ucenaee Business Name Gc. or Reg. No. — G. • Authorized Representative Signature Date ` RICHARD A. 3 - . .. - -- - r r Name o^I stager R/16/04 ' r ' • ' ) • t J. L: f ) •He- 01265•os tRee. s'io2.a . ten -nn ?n t 05/18/2005 14:24 6514365106 MANTYLA WELL DRILLIN PAGE 06 144 5 - MINNESOTA pEPARTMf =NT OK HEALTH Minnesota Well and Boring , eopitiG LOCATION ealing N0. 0,mg - WELL AND BORING SEALING RECORD inneso Uni Well No. jE� � '�`jN Minnesota Statutes, Chapter 103f r W- aer Nu avn el.� + � na tnaw..! .n, .hlp Nyme ..7w nshlp No• Range No• Section No. Fraction (em -e- Ig) Date Sealed Dar W eP or g oring C on a truc ra d 4AYT; 291 a© 2 -- � i .,,iV J A4�Z7ST' 3ff, O ► DECEMBER l b, 1997 I; � Lnlllude Regress minutes seconds Depth Before Sealing : R. Ori ginal Depth. h• CATION: I„6nDigldR ,dr+gree9 _minures seconds UIFER(S) STATIC WATER 1 - E VEL 80 - •rOnrel ^,freer Adcfs or Fire Number and CITY of Well Or ing Location Single Aquifer ❑ Multi,quller [ Melasured [a Eenmated !\) py, LUBORING ! 1D,3 ' , c'� j WaferSupPly well ❑ Monll. Well {] • v exact location Of well or horn* Sketch f well Or boding Env. Bore Hole 0 . i 9... ft. IQ below. [] aubove land ourfSCe �:Nilnn grid with `X' location.%• property 0 N lines, roan DUlldinya CASING TYPES) j' 1!1 t "t ° ISreel • • ❑Plastic ❑ rile [] Other W I , M WELLHEAD COeIPLIT180 Inside: 0 Basement Offset P {Ilene Adapter/Unit ❑Well Ph --i..- II C] Web Pit l7 Buried ' ICIPERTY OWNER'S NAME/COMPANY NAME CASING(50) � ENERGY Ulemeter Depth 7S& in over5iia hula? Annular Y space initially grouted? • "perrIyy mailing %lams it than well location eddreee Indicated Above ( in. from t0 ft• (yl Yes ❑ No Yea ❑ No ❑ Unknown ._7O0 MARSHALL ST N.L. in. 4ro , to ft. ❑Ys5 ❑ No ❑Yes ❑ No ❑ Unknown . INNEAR)LI.S, MA 55418 in. from- to - ft. ❑ Yes fl N o ❑ Yes INO ❑ unknown '1,U. OWNER'S NAME'IGOMPANY wow. SCREEN/OPEN HOLE f •,A PynAr•a mailing en&'OS II 0IfT rent Irr,� y,veany ow edam= indketed abovo SCreeri from 10 fl. Open Hole from �7. t0 tt. OBSTRUCTIONS ❑ Rods/Drop Pipe (7 Cheek Vaive(s) 0 Debris ❑ FIII IJ�No Obstructio Type of Obstructions (Describe) HARDNESS OR 3EOLOGICAL MATF'RIAL l COLOR FROM TO Obstructions removed? ❑ Yes ❑ No Describe FORMATION : :rt knnwn indICa19 eFIir formation Ipg from nearby wen or boring ' — PUMP — Type ructions v � j 2 T TI, 30 ' [,Removed ❑ Not Present ❑ Other — ..AND ROCK 7-a LLOW M+:� JV �� METHOD USED TO SEAL ANNULAR SPACE'eE7'W 'BETWEEN 2 CASINGS, OR CASINO' AND eoRG� NOM: ,r A ROC GREY A,4 D 4`2 80 I NO Annular Space EXI$ 5 0 Annette apace groVted with traffic pips ❑ C e a ging Pertoratiori(Renovel AND ROCK _ V ro _ 1�fa:�6.J '�P 80 - in. from , - „ to h. ❑ Perforated 0 Removed ..... In• from to ft. ❑ Perforated ❑Removed ___... -• —.- - - -.__ . �_._u�� Type of perforator • - -- ❑ Other ...____—_-_________• —_ _ GROUTING MATERIALS) (One bag or cement = 94 lbs., one beg of bentondte = 50Ibe,) --------- Grouting Material . Iron _ in . AIL_ h. Ydrda — bags . - -- -. .•--•-- ,., Iron to _ 1 1 ya.da bags ....�... _ -- • -- - from to R. yards bags OTHER WELLS AND BORINGS �^ MAI I S, SOUPCF. r,F DATA, DIYFICULTIr»9 IN sEALING Other unsealed and unused well or boring on property? 0 Yes p NO Now many? LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or Poring was sealed in accordance with Minnesota Rules, Chepter 4725, The information contained in this report Is True to the best of m DRILLING, INC. ril�:�d. L DRILLING, ILSC 82084 1392 ST. CR ©IX TRAIL NO.. , YO 797, 1) ANDD MN 55043 Con(rscror Business Name License or Rsgislra60rr NO. AtdhOnYed Representative Sft7nafUre - Harr, RICHARD A. rTh-II H 221445 . ' ; . c slung wog .or Bourg — — • ■ t 3, 0 ,i , ,,,,,; ,.. , .t.,,,,. IIII ..0t, 0 { :._,0 , .Y:t.: City of Oak Park Hei g h MS r155082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 14168 Oak Park Blvd N • Box 2007.Oak Park Heights, May 5 2005 To: Mr. Ron Elsner Xcel Energy 1109 King Plant Road Bayport, MN 55082 From: Eric Johnson, City Adminis82r :,; ' y RE: Filling of Certain Area & Installation of Driveway Dear Mr. Elsner, I have had an opportunity to review two requests from Mr. Russ Girtz and have the following comments and statements: 1) You may proceed with filling of the area directly south of Transfer House #4 as depicted on the maps and photographs provided and as attached hereto. You should proactively investigate if there are any wetland concerns. 2) You may proceed with the installation of a 24' wide driveway between your truck entrance and the • Andersen Windows parking facility as depicted on the maps and photographs provided and attached hereto. Unlike Item #1 above the City has the following conditions: o Only the two small pine trees may be removed; no addheon l treen eed to be l mated Sh additional treed need to be removed, you must notify t City in writing and so we may obtain review and comment by the City Arborist for compliance with the City's Tree Protection Ordinance. o Bay June 1, 2007 this 24' wide driveway shall either be removed and the site restored to its current condition or the driveway shall be "paved" with a typical bituminous material and to an industry standard for such use. o Xcel shall provide a wetland delineation and/or analysis of the area and provide such report to my attention prior to commencing construction. If there are no impacted wetlands, a letter from your licensed Wetland Specialist is adequate. Please affix your signature to this letter Xcel Energy's acknowledgement and acceptance of these conditions and that you shall comply with the terms as ed. Ron Elsner, Xcel Energy Notary Once you have signed above, please forward the original to my attention and keep one copy for yourself. • Thank You. Cc: Russ Girtz, Xcel Energy • • e • 0. . a w Z . • : I l • 1 1 1 i :ii I 21 ;' p{ , {,q. T # .X261 iii . i !i1- I 1 • t a . . . , L .L t o . I[ e o E `1 ; N • q • t _...._ _._._ v N 7 • - R 1 ! 1 ! • tI n7 • • R 3 — • Iii • • • 1 1 ,, ! ' ' I 1 r J ' 1 t I. ■ 1 ' I 1 1• � 1 1' r , • 1 �l ,l • ' 1 1 " iii ' r 1 ` ,`� v� • 1 • 1t 1 i ' • . ,i i 4 ,...44. '. f • I ".. • • . S ��; a .% a 4 ♦ f a • - - Olin ` it P : 1 .d % co , ! • . 3@ - • • ❑ 0 m. Q • r' t ,, , r • i fi 3 q f. Byd " : ,f $ 4 '"' s � " ^3 "�a � � � � arc e w' � f R �` a i °R Y s f` 4 Y! yc F „e,, • sae,4am..'k', .E A.- ..- '''5°74:7;-: — .......- \,, • /a6 • i r 4 • • • • • 0 • 0 • co • 1 11 Z 1i iE ' 2 ' 1' z q i ; p ' . N -7 MEP • .• • .. . is 3 l!tl,�. 1.4 ' .N.„,,,,,,,, f - fatq.. . 111 n I I t � • $ a 11 a te 1 i q -1. lil C [ , !i is ii • • NJ , .4 1 i / 7 / / ' I C f:� AA.r ` b� 111' ar . 1 -0,: il la , •• / . ., / i :I : • . ,„.._,,:::,, a ' i I . ' ' . - ! I 1411 k • • • • '( - I I a il$ ; 1 . § i • . .. ;NIL ,''i/ d ''''.... • y e x l st —II � 1B gg X 66. • 91 0 , , , 4- :,„,----ieg* .:.. ..,....----- . .......!= 11 . , • ' . li X . / • tr" ..., y a fill • If pp :h''1CR� S • jj jai � / fY . w eCLB 9 • i bun,'.•'o�. . ` y : C ' :af 9 p -- : g R a) . 'h . ct:� r . S S "n d f f l ' ^at 15 6nnna:a, CO a' ;: i;:r.Ta'.'n.�c 's•. ...-�_ __ "F�._.-.-._.� - mo t' :C. " CvBwC. �� � , 4;.i \\ • • • .ti • CI rL:; cc'p. � 1 �� f a I gi 7 's . l' • aD %RS i .b i co / . (1)-- ' . — 1 X ' (Pti • • • k . ° 1.• (.) . f . , • • • , . — „.... ..o - „Al, . , • .., ..s: . 4r, `..... ,,, -.'„A :' ', s4,4,,,it ,,kt.•: 4.:::,„e.-‘,.t.7.4,1,... . .i.A. ',Ito.. 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". - - . l'*' - ;',., , - -,.. - .. . aak . ..... .. . 0% 4•42.__IIIFINI ..,...,..... .. .. . ••,,,,-,,,,..- _i, „ ...., .. . , :. . : • .,, ,.,....,. .:,..., ..0W"..:.:, 0 • ' *, ''.,..; ,',.. ... '. : ' . : t.'4';:::.•:::'1.--- ' '''' . , •: ** ;; *** • , - „r''!• ' .,4°,:.;11,&< ' - ‘12.,; ,,,, , ..4-4, ° ...„ 44! , ,. '7:173.4"'",- I.:::""x''," *i!" • — ;...i.,,...:„--4 . 41., • , . • , „...;„ • : , • , ,.....„, .°°:''; '14,,, 4 . , -4,..... I ....: - ..-. ...„ or 40 - . . , '0.., ,..... , . .$.4 , . . . •. .... . ..,. ... ... , • • -... ° • - :4' - iir. . . O• • • S.• . • .. t• • ' . 4 ....., ..,.., . , . . , ,, .. .. . . . , ... — ° . , . , . , . • V, *** • City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 April 4 2005 Mr. Ron Elsner A.S. King Plant Xcel Energy 1103 King Plant Road Bayport, MN 55082 Dear Mark, This purpose of this letter is to memorialize our conversation of Friday, April P 2005 relative to the disposition of the 4,000 + /_ square foot building (Project ID# 33) to be constructed with the MERP. As you know City code does require that this building have an operating fire suppression • system (sprinklers), but at this time and for an interim construction and use of the building as cold storage only for period only materiials the will without the immediate installation of such suppression systems. However, this condition is not suitable for any long -tem use including such cold storage. Accordingly one of the following shall be COMPLETED by December 31, 2008: 1. Based upon whatever building/fire protection codes exist in the City on July 1st, 2008, the entire structure shall be brought to code compliance, includin th installation of an appropriate fire suppression sprinkler system. g the 2. The structure (including footings/foundations) shall be removed and the property brought back to a suitable pre - construction condition. Prior to 7/1/08, should the facility be determined by the City to be utilized for operations /actions other than for such cold storage, Xcel Energy shall bring the facility into code compliance as outlined in item 1 above or shall remove the structure. In an event the Ci stron A advises Xcel Ene y to install fire su ression stems this an time even thou : store e and the buildin is ro • osed on for col "i f acility, will not be • Lastly, should Xcel Energy fail to implement either of the two items; to a special assessment Conde � the City shall (condemnation) against the property and ' shall remove such strut tire. Under this scenario, Xcel would be responsible for all administrative engineering, legal and other fees related to the removal and disposal of the Accordingly, Xcel Energy structure' dispute such S g3' shall specifically allow such Special Assessment and may Assessment. y not Naturally, the City is in need of a letter from your office that agrees to processes as above and agrees to waive any disputes of S the dates and receipt of such letter, Xcel Energy Pedal Assessment. Upon the structure (Project ID #33) subject the ter of the Build;Pe placement of the te Building rant. Please let me know if you have any questions. Sincere? Eric Johnsor,7 City Administrator • Cc: Mark Vierling, g' ty Attorney Darrell Knutson, Xcel Ron Elsner, Xcel Russ Girtz, Xcel Jim Butler, Building Official Brad Carmichael, Fire Inspector Xcel Ener sM gy • 1103 King t Plant Road Bayport, Minnesota 55003 -1000 April 8, 2005 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N., Box 2007 Oak Park Heights, MN 55082 Dear Eric, I appreciate the flexibility you and the city are providing us in allowing he construction of the storage building (Project ID #33) to be built without immediate installation of a fire suppression system. This letter shall document Xcel Energy's agreement to comply by December 31, 2008, one of the two conditions stated in your April 4, 2005, letter: • 1. Based upon whatever building /fire protection codes exist in the city on July 1, 2008, the entire structure shall be brought to code compliance, including the installation of an appropriate fire suppression sprinkler system, if required. 2. The structure (including footing /foundations) shall be removed and the property brought back to a suitable pre- construction condition. Prior to July 1, 2008, should the facility be determined by the city to be utilized for operations /actions other than for storage, Xcel Energy shall comply with one of the above or remove the structure. Sincerely, MaJit-QV Mark J. Fritsch Plant Director Cc: Ronald W. Elsner, Xcel Energy Russell Girtz, Xcel Energy Darrell G. Knutson, Xcel Energy ....mm.m.mmm•mmmmmmmmm..__________1) N 0 N _ 0, 0 ge 4 0 a a o 0 o WI bti tO Q O ' 'ri ;, ct O W M N bA p O y M • 0 a w Xq N a) V ^• U Q , "0 • U cn O +••, a) X� 0P. b ^ cc 03 . d a) eA I O M °' a ~ .- ovn . , ALI • • 5 th �w _ o ~ c� Ts 0 °' . °, = = • o v ' p • s 70 a �' a , .. 0 0 au , fa E 3 a a , v s 0 C - ca U o o chi V a) o '. 0 00 U< W o , o¢ a 0 i -� o rn -4 o O .. U O 0 .4 ti) t o t� rn w a) a) o w a) o o 41) . � ° o E i °.. `*� a i . E o E 0 o as E N I C N 4 Y t N ,, OU ^d ❑ C o r'' fl � , C N a N "C + 4 -+ -� C c Q O 0 f6 , " N + � , i" a (a , . - N � O 0 i is no Ed N Q N 51, 0 0 . �IZ c i ts m a 0 iw W + 'C3 U F 2 LL U � _ W Y C' .4 b "la. .a 0) .� W LL. i 41 0 0 0 • E Y s_ O - Vi ti •., a� 0 a� ii • 0 4. I ; .E V c v a H X- 154 vD MQX City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 April 4' 2005 Mr. Jerry Mulvihill Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 St. Paul, MN 55013 RE: Xcel Energy MERP — Project ID #s 10, 11.26.28 Dear Jerry, Enclosed you will fmd footing and foundation plans for the above four elements. Per our process that we have instituted for the other elements, please review and provide commentary. There is one differing issue with these enclosures and that is that these are already constructed. Xcel failed to secure permits for these items. This however should not change your process, but it shall be a detail that we will address to Xcel. ri` (hnson Administrator Cc: Jim Butler st g" Building Files ✓- • EJ • At SS 4; a City of Oak Park Heights 14168 Oak Park Blvd. 1V • B � t�S Box 2007 • Oak Park Heights MN 55082. Phone (651) 439 -4439 • Fax 651 _ ( ) 439 0574 April 1 2005 Mr. Ronald Elsner Xcel Energy 512 Nicollet Mall Minneapolis, MN 55402 RE: Expansion of Tem , P Office Trailer Complex — Interim Use Permit Amendment Dear Mr. Elsner: As you may m be aware, the City office trmlers be aware, Council did approve the placement of u tmilar size and scope office tra and of similar r size and } pe on the east side of up to four (4) Y inked to the terms of the initial went office e approval it as ex c temporary in the summer of 2004. This Amendment also r trailers. This the EAST as d design Use Pe o depicted on the documents requires the expansion and 45 designation unit executed in the • urnent as submitted by gnation of parkin } The City Y Xcel staff— 45 spaces. got facilities to ty will be preparing formal amendment documents to place those trailers at the site prior to the execution of the final documents, that shall require your signature. own risk. Should the site not be a t Xcel City's Witten re ume but such placement shall be at your o quest. fully completed, the facilities shall be removed upon the Lastly, the fees th calculated for this Amendment are $400.00 which have not b the requ and the City's been paid due to the attention within ty s expedited processing. Please remit a check to the City the ten days. timing t to of in such amount to my Please let me know if you have any questions. cere ric J, n City , d. inistrator Cc: Scott Richards Mark Vierling Julie Hultman Plann Commission y Notes V • Oak Park Heights • Request for Council Action Meeting Date April 29 2005 Agenda Item Title: Amendment to Interim Use Permit — Xcel Energy Time: 1 minute Agenda Placement Consent Agenda Originating Department/Request, Eric Ci Administrator Requester's Signature Action Requested Consider an a app . ve amendment to Interim Use Permit. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Mr. Russ Girtz of Xcel Energy has requested permission to site four (4) additional office trailers at the Allen S. King Plant . These additional trailers would be placed in -line with the • current office trailers (9), located just inside their main gate. (see attached maps) The current trailers are located there under an Interim Use Permit (401.05) and provide office space for the numerous staff involved for the MERP Project. . Xcel has complied with all required parking parameters for the current trailers by providing 32 parking spaces adjacent to these current structures. This expansion eastwardly would take -up 10 of the current 32 parking spaces and would require an additional 15 spaces, with a new net total of 47. These spaces would be located as depicted on EXHIBIT 1. The current Interim Use Permit requires that the current trailers be removed by July 1S 2009. A copy of the current Interim Use Permit is attached. The site is zoned (I) industrial, the expansion would not encroach into any required setbacks, and would not change the character or current use of the property. Considering these factors a new Interim Use Permit or formal Conditional Use Permit is not necessary. Accordingly, Staff views this expansion as a minor amendment and recommends that the expansion be permitted subject to the same requirements of the current Interim Use Permit as there are no anticipated negative economic, environmental or social impacts related to this expansion under their current Interim Use Permit. • Mr. Girtz's letter does also discuss the filling in of a swale /ditch located west of the current trailers to provide additional parking in the future. This shall not be part of this Interim Use Amendment process as a separate Conditional Use Permit is required for such filling activities. 44 V I' City of Oak Park Heights 14168 Oak park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 April 1 2005 Mr. Russ Girtz Xcel Energy 1103 King Plant Road Bayport, MN 55082 RE: Building Permits for Project ID #s: 2, 4, 5, 6, 13, 15, 17, 23 2 Dear Mr. Girtz, , 4, 37, 38 Enclosed herewith are Xcel's Building Permits for the above Project commence work on these elements subject to the terms of the Conditional Use Pe ° ��t ID-#'s. Xcel may • terms ti the a Permit, City Ordinances and previous correspondence permits, the relating approval of these permits, Pleaazfull w each pe rm relating to the req u i re additional documentation and r Y review each pei may also attached comments from our City's Engi ne c te for your red wan and t as it type• We have However, as you know, and consideration. separate elements; we have agreed upon, includes fo rty-one (41) aza ele an as g d u on ,and to date �- MERP ra a tea ° � a � x °k as . e� �? ` sad 83 'a $ € �� °d '...v� b on these elements, including • Accordingly, until the City issues such permits. the commencement of an s no o work ma co y pilings, footings and founnd Lions, The City awaits the submission of these applications, (The City is currently processing items 10, 11, 26 and 28 as these were received on 3/31/05, but no permit has b issued) Attached hereto is a photo dated Summ Attached 2003 that depicts the area of your facility; finish (Areas 1 and 2 ) are disturbed y Y, those grading purposes only. areas and may generally be utilized for Y However should a wetland, or possible wetland, occur in these areas, it is your obligation to first contact my office to det prior to commencing with any filling, which may include formal� appropriate steps � .� 3 wetland delineation. stated to my office that all fill material is leaving e you H owev e r, y ou have • be an issue. Lastly, the City and Xcel are engag sit and the City so this should not filling of the Swale adjacent to the current office m a pest request to allow additional trailer structure, this letter does not supersede such permit request and Xcel must first receive area. • written approval to fill such Lastly, as we have stated, any , the City requires 24 hours advanced and co notice to Your project does not experience delays. T make timel inspection Y he s Y Pection rusye� su that wand inspection re ummer season is quite busy for pur quest are provided on a first come, first served basis, Please let me know • ou have any questions. incerelyr Eric Johnso a G`, eb 4 City A. •,; • : for • Cc: on Elsner, Xcel Energy Darrell Knutson, Xcel Energy Mark Fristch, Xcel Energy .Mark VierIing, City Attorney Jim Butler, Building O cial Richard Sandberg, MPCA City Council Members • CITY OF •- OAK PARK HEIGHTS 14168 Oak Park Boulevard No • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 4439 • Fax: 651/439 -0574 Memo To: Eric Johnson, City Administrator From: Julie Hultman, Planning & Code Enforcement Officer Date: March 29, 2005 Re: Xcel Energy — MERP Permit Application Cost Approximations Per your request I have calculated the approximate permit fees for the permit application submitted by Xcel Energy that included permit valuations upon their Building Permit Submission Form. ID Elements 1, 8, 9, 10, 11, 14, 16, 21, 25, 26, 27, 28, 29, 30, 31, 32, 34, 36, 40 and 41 did not have valuations of any kind noted upon their Building Permit Submission Form. This information does not include ID Elements #33, which has had its permit issued and ID Elements 5, 13 & 15 for which we have received payment but have not completed the • application processing with the applicant. Please note that these costs are the actual costs for the basic fee, plan review and state surcharge (based on the valuation provided) they are approximate costs as the application itself may be subject to change after review and those applications noting building structures may also be subject to SAC Charge and /or water meter fees, which I would anticipate being determined through the review process. Also, the permits as noted are not inclusive for those that may be required for the project ID element as the City requires separate permits, which may or may not be applicable depending upon the scope of the work being done at a project ID element, for Mechanical (HVAC) work, Plumbing work, Fire Protection work and Signage. Additionally, electrical work does require an electrical permit through the MN State Board of Electricity. All that being said please refer to the second page of this communication for a list of projects, by ID Number, and their basic permit total. Basic implying the basic fee, plan review and state surcharge, all of which are based on the valuation provided by the applicant. Just a reminder that submission of the permit fee does not constitute approval of the permit application material nor may work commence without permit issuance or other official governing approval. If I can be of further assistance, please let me know. , J t • Tree City U.S.A. • XCEL Er* Cost Calculations Facility Basic Permit Total 2 Cooling Tower Switchgear $ 5,952.54 4 Boiler Vault 6,002.56 6 Gas Duct 10,717.81 17 AQC Control / Electrical Building 10,268.24 bldg.) 6,611.20 23 Ammonia Storage (inc. canopy & pump g.) 24 CW Booster Pump Building 4,124.69 37 Cooling Tower Basin 11,360.06 38 FGD Byproduct Loading Building 9,104.11 3,364.97 39 Ammonia Electrical Equipment Building • Accumulated Total: • J F City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 March lst, 2005 Ms. Toni Volkmeier Air Quality Permits Section Industrial Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 RE: Xcel Energy - A.S. King Plant — MERP Ms. Volkmeier, Subject to our concerns provided to your office dated Dec 1s`, 2004 (Air Emissions Permit comments 411 Permit # 16300005 -005) that the MPCA require in its Permit that Xcel Energy provide affirmative documentation that all local permits have been secured from the local unit of government prior to the MPCA's issuance of the above Permit; the City is hereby informing your office that as of the date of this letter, Xcel Energy has not secured the necessary local building permits that are required and necessary for the installation of the footings and foundations for all anticipated equipment and/or other buildings and infrastructure as contemplated in the MERP project. Xcel Energy is working proactively with city staff to submit required information and secure the needed permits. We hope to issue these permits in the near future when complete applications are received. I will provide affirmative correspondence to your office when Xcel has in fact secured the appropriate building permits. Please let me know if yo ave any que i 1.1 . You . Jo.: , n City A..1 ' 1 ' trat i r Cc: Russ Girtz, Xcel Energy Ron Elsner, Xcel Energy Darrell Knutson, Xcel Energy Mark Fristch, Xcel Energy Mark Vierling, City Attorney • Jim Butler, Building Official Richard Sandberg, MPCA City Council Members I 1 Minnesota Pollution Control Agency February 22, 2005 To All Parties Who Submitted Comments Draft Air Emission Permit No. 16300005 -005, - Proposed Part 70 Operating Permit for Xcel Energy's Allen S. King Generating Plant: Dear Commenter: Air Emission Permit No. 16300005 -005, a Part 70 operating permit for the Xcel Energy Allen S. King Generating Plant, including rehabilitation of the main boiler as proposed under the Metropolitan Emissions Reduction Project, was issued on February 22, 2005. The permit can be found at http: / / www. air /permits /issued /16300005- 005- agpermit.pdf. No changes have been made to the permit since January 3, 2005, when the Minnesota Pollution Control Agency (MPCA) responded to comments submitted during the public comment period, and subsequently offered the proposed permit to U.S. Environmental Protection Agency (EPA) Region V for review. Pursuant to 40 Code of Federal Regulations (CFR) pt. 124, each person who submitted written comments e t concerning the Permit or participated in a public hearing on the Permit may petition the EPA's Environmental Appeals Board (EAB) to review any condition of the Permit decision in accordance with the procedures described in 40 CFR § 124.19. Information on filing appeals can be found in the Environmental Appeals Board Practice Manual, available at http : / /www.epa.gov /eab /pmanual.pd£ Such appeal must be made within 30 days of service of this notice of the MPCA's permit decision. As defined in the EAB Practice Manual, "service of notice" is the date this letter was placed in the mail, not the date of receipt by the recipient. The appeal must be addressed and sent directly to the EAB, as described below. All documents that are sent to the EAB through the U.S. Postal Service (except by Express Mail) MUST be addressed to the EAB's mailing address, which is: U.S. Environmental Protection Agency Clerk of the Board, Environmental Appeals Board (MC 1103B) Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 -0001 All documents that are hand - carried in person, delivered via courier, mailed by Express Mail, or delivered by a non -U.S. Postal Service carrier (e.g., Federal Express or UPS) to the EAB MUST be delivered to: U.S. Environmental Protection Agency Clerk of the Board, Environmental Appeals Board AD Colorado Building 1341 G Street, N.W., Suite 600 Washington, D.C. 20005 520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY); www.pca.state.mn.us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. If you have any questions about this letter, please contact me at (651) 297 -7708. Sincerely, Toni Volkmeier Staff Engineer Air Quality Permits Section Industrial Division TV:lao cc: Richard Rosvold, Xcel Energy AQ File No. 202G s Heights • Fax (651) 439..0574 Park He1g 651) 439 -4439 1 j O •Oak Park Heights MN 5508 • Phone City . Box 2007 14168 OakParkBlvd• N February 15, 2005 M • Russell Project Engineering Manager MERP Xcel Energy 210 North Ave. 5003 Bayp Plant Rd. ME RP Plant —1103 King Re; AS Rp p — Project ID #33 ro ect to review the plan review Dear Mr. Girtz: of the things discussed• i net regarding the above-referenced follow a few g, 2005 we I writing the understanding that On February terms o f perm issuance. aired i nsuran app report and as t h e general contractor, with on and ask that you • , f * t wa s issued to d sir Energy application, s information not yet received thi s for work to First, the perms would submit a local a ontractor's license a r or its assign • an F appropriate cel Energy one of its representatives fee. To date we have issued to X For your convenience cannot be th the City. certificate and Additional permits lace a it and submit it to Julie address this ma dl prepay until this documentation is titter. Kindly the Mf project ) being enclosed with this a am) #33 in relation to application is (again) a �,i Building Hultman for processing. for storag thank you for the list of items a nticipated Secondly, o f fire protection to the building• requirement of an The req the plan review requirement of Oak pax sprinkler protection to this facility. ter 1306, Subp• 2 of is based upon the City Chap Xcel shall be required to install sp steins noted within #33 exceeds 2,000 or r kler system to the building Sy a building automatic sprinkler Special Fire Protection 130 6 . 0030 (B) as storage Minnesota Rules for Sp Minnesota Rules and specifically and Fire Official the M uare feet of floor area• more gross square exemption, should the Budding concur: is requirement for this site. Should they onstitutes a Serious on 1306.0060 does establish criteria for exem c Sects rove Waiver concur and app application of water You must be able to demonstrate dt that the app (a) en vironment al life, fire or p City of Oak Park Heights 439 -4439 • Fax (651) 439 -0574 1416 Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) .. February 15, 2005 Mr. Russell Girtz, MN MERP Project Engineering Manager Xcel Energy 210 North 10 Ave. Bayport, MN 55003 Re: MERP Project — Project ID #15 Dear Mr. Girtz: is currently The City is in receipt of the above permit application, Project ID #15 theaCi e are returning all rejecting this application as the documents are the following are addressed: documentation. Please resubmit ensuring h Project ID #15 1. Only one set of plans has been submitted, two sets of plans are required; 2. There were no side elevations of the proposed piling/footings — pleaSe remit two sets; 3. There were no load calculations provided for the footings/ pilings — please provide load calculations in duplicate; 4. Per Item 2 of my letter dated Jan 5 2005, the City requires that it receive plans that have been approved by and signed by y our licensed (Minnesota) engineer, none of the submitted drawings hold these signatures. The City acknowledges that these may not be the fmal "For Construction" drawings, but these still require a PE approval and signature(s). 5. Please review, complete and sign the attached waiver. This waiver will be henceforth required for all permits in which we do not receive final, wet - signed drawings for review. Should you wish to not provide such waiver, the City will require the typical and state approved regimen that all submissions are final and wet - signed. 6, The fee for this Project (ID # 15) is $13,607.94 please remit payment with these submissions. • • Upon the elet j receipt . me know of these if you ha six ve elements q the uestions. City can finalize our review and issue your permit for Pro ID#se ct Sincerely, Eric Johnson City Administrator Cc: City Council Members Jun Butler, Building Official Mark Vierling, City Attorney Darrell Knutson, Xcel Energy Mark Fritsch, Xcel Energy Byron Nordell, Xcel Energy Ron Elsner, Xcel Energy Toni Volkmeier, MPCA Richard Sandberg, MPCA Paul Heimkes, MN Dept of Admin, Building Codes and Standards • • • Xcel Energy — Metropolitan Emissions Reduction Project (MERP) Expedited Plan Review - Plan Review / Site Inspection Waiver Whereas the City of Oak Park Heights does require that applications for commercial and residential building permits first require the submission of final and "wet- signed" drawings for City review; and, Whereas Xcel Energy has requested from the City of Oak Park Heights a process whereby Xcel Energy shall receive special consideration for a modified Building Permit / Plan Review process. Generally, the process will allow the City to issue a Building Permit to Xcel Energy based on plans identified as "not to be used for construction ", but that such plans shall be estimated by Xcel Energy to be more than 95 percent complete. With the attached Building Permit Application for Project ID# of the MERP, Xcel Energy hereby provides the following warranties to the City of Oak Park Heights: 1. That the submitted drawings for City review have been prepared by a Minnesota Licensed Engineer, Mr./Ms. MN License # • , but these drawings may not be the final drawings utilized for construction but shall constitute not less than 95 percent of all elements of the project; 2. That all anticipated construction shall be in full compliance with all applicable Local, State and Federal Building Codes. Xcel Energy shall provide "as -built" drawings at the completion of the project; 3. That Xcel Energy shall be responsible to correct any and all deficiencies or defects that may be identified by the City, or other inspecting parties, both during and after the construction process; 4. That Xcel Energy and its subcontractors hold harmless the City of Oak Park Heights from any and all liabilities or penalties that may arise from deficiencies, scope and/or omissions in City plan review and/or site inspections. Signed, Date Ron Elsner, Xcel Energy Date Notary (please affix notary stamp) • f 7 Invoice No. -IT OF K PARK . 'IG HT fi { , �r+ 14168 Oak Park Blvd No. P.O. Box 2007 Oak Park Heights, MN 55082 651- 439 -4439 fax 651- 439 -0574 Customer INVOICE Name Xcel Energy Address 210 North 10th Ave. City Date 3/10/2005 Pone Bayport MN 55003 Qty Description Building Permit Fee for MERP Project ID #15 TOTAL See Attached $ 1 3,607.94 Ali Payment due upon receipt of building permit TOTAL $ 13,607.94 Office Use Only Thank you for your prompt attention. • City of Oak Park Heights 14168 Oak Park Blvd. N •Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 February 15, 2005 Mr. Russell Girtz, MN MERP Project Engineering Manager Xcel Energy 210 North 10 Ave. Bayport, MN 55003 Re: MERP Project — Project ID #5 Dear Mr. Girtz: The City is in receipt of the above permit application, Project ID #5 the City is currently this application as the documents are incomplete. Please resubmit ensuring that rejecting • addressed: g the following are Project ID #5 1. Only one set of plans has been submitted, two sets of plans are required; 2. There were no side elevations of the proposed piling/footings — please remit 3. There were no load calculations provided for the footings/ pilin — 1 two et calculations in duplicate; t Pease provide e load ad 4. Per Item 2 of my letter dated Jan 5 2005, the City requires that it receive 1 been approved by and signed by your licensed (Minnesota) engineer, submitted drawings hold these signatures. The City none of the pans that have the final "For Construction" drawings, ri3' acknowledges that these may not be gs, but these still require a PE approval and signature. 5. Please review, complete and sign the attached waiver. This waiver will be henceforth required for all permits in which we do not receive final, wet - signed drawings Should you wish to not provide such waiver, the City will require the typical and state approved regimen that all submissions are final and wet- signed. g review. 6, The fee for this Project (ID # 5) is $15,534.69 please remit payment with submissions. these Upon the receipt of these six elements, the City can finalize our review and issue this Element. your permit for it • Please let me know if you have any questions. Li.: , 1- A • ;ion Cit ' o, ' ' istrator Cc: City Council : II bers Jim Butler, Building Official Mark Vierling, City Attorney Darrell Knutson, Xcel Energy Mark Fritsch, Xcel Energy Byron Nordell, Xcel Energy Ron Elsner, Xcel Energy Toni Volknieier, MPCA Richard Sandberg, MPCA Paul Heimkes, MN Dept of Admin, Building Codes and Standards 11 .t Xcel Energy — Metropolitan Emissions Reduction Project (MERP) Expedited Plan Review - Plan Review /Site Inspection Waiver Whereas the City of Oak Park Heights does require that applications for commercial and residential building permits first require the submission of final and "wet- signed" drawings for City review; and, Whereas Xcel Energy has requested from the City of Oak Park Heights a process whereby Xcel Energy shall receive special consideration for a modified Building Permit / Plan Review process. Generally, the process will allow the City to issue a Building Permit to Xcel Energy based on plans identified as "not to be used for construction ", but that such plans shall be estimated by Xcel Energy to be more than 95 percent complete. With the attached Building Permit Application for Project ID# of the MERP, Xcel Energy hereby provides the following warranties to the City of Oak Park Heights: 1. That the submitted drawings for City review have been prepared by a Minnesota • Licensed Engineer, Mr./Ms, MN License # construction but shall constitute not less han 95 percent of all elements drawings f the project; 2. That all anticipated construction shall be in full compliance with all applicable Local, State and Federal Building Codes. Xcel Energy shall provide "as- built" drawings at the completion of the project; 3. That Xcel Energy shall be responsible to correct any and all deficiencies or defects that may be identified by the City, or other inspecting parties, both during and after the construction process; 4. That Xcel Energy and its subcontractors hold harmless the City of Oak Park Heights from any and all liabilities or penalties that may arise from deficiencies, scope and/or omissions in City plan review and /or site inspections. Signed, Date Ron Elsner, Xcel Energy Date Notary (please affix notary stamp) • f +. _ ITV r% Invoice No. J. uAK PARK HEIGHTS 14168 Oak Park Blvd No. P.O. Box 2007 Oak Park Heights, MN 55082 6 51- 439.4439 fax 651- 439 -0574 Customer INVOICE �-- Name Xcel Energy Address 210 North 10th Ave. Date 3/10/2005 City Bayport MN Phone 55003 Qty Description TOTAL Building Permit Fee for MERP Project ID #5 $ 15, 534.69 S ee Attached Payment due upon receipt of building permit TOTAL $ 15,534.69 Office Use Only y� Thank you for your prompt attention. !P e City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 February 15, 2005 Mr. Russell Girtz, MN MERP Project Engineering Manager Xcel Energy 210 North 10 Ave. Bayport, MN 55003 Re: MERP Project — Project ID #13 Dear Mr. Girtz: The City is in receipt of the above • rejecting this Permit application, Project ID #13the City is currently application as the documents are incomplete. Accordingly we are returning all documentation. Please resubmit ensuring that the following are addressed: Project ID #13 1. Only one set of plans has been submitted, two sets of plans are required; 2. There were no side elevations of the proposed piling/footings — please remit two sets; pilings — please provide lo 3. There were no Load calculations provided for the footings/ calculations in duplicate; load 4. Per Item 2 of my letter dated Jan 5 2005, the City requires that it receive lans been approved by and signed by your licensed p that have submitted drawings hold these signatures. The City ( acknow edges that these may y not t final "For Construction" drawings, but these still require a PE approval and be signature(s). 5. Please review, complete and sign the attached waiver. This waiver will be henceforth required for all permits in which we do not receive final, wet-signed Should you wish to not provide such waiver, the City will require the typical and state approved regimen that all submissions are final and wet - signed. 6, The fee for this Project (ID # 13) is $11,681.19 please remit payment with these submissions. 4 • Upon the receipt of these six elements, the City can finalize our review and issue your permit for this Project ID#. Please let me know if you have any questions. Sincerely, Eric Johnson City Administrator Cc: City Council Members Jim Butler, Building Official Mark Vierling, City Attorney Darrell Knutson, Xcel Energy Mark Fritsch, Xcel Energy Byron Nordell, Xcel Energy Ron Elsner, Xcel Energy Toni Volkmeier, MPCA Richard Sandberg, MPCA Paul Heimkes, MN Dept of Admin, Building Codes and Standards • • • Xcel Energy — Metropolitan Emissions Reduction Project (MERP) Expedited Plan Review - Plan Review /Site Inspection Waiver Whereas the City of Oak Park Heights does require that applications for commercial and residential building permits first require the submission of final and "wet- signed" drawings for City review; and, Whereas Xcel Energy has requested from the City of Oak Park Heights a process whereby Xcel Energy shall receive special consideration for a modified Building Permit / Plan Review process. Generally, the process will allow the City to issue a Building Permit to Xcel Energy based on plans identified as "not to be used for construction ", but that such plans shall be estimated by Xcel Energy to be more than 95 percent complete. With the attached Building Permit Application for Project ID# of the MERP, Xcel Energy hereby provides the following warranties to the City of Oak Park Heights: 1. That the submitted drawings for City review have been prepared by a Minnesota • Licensed Engineer, Mr./Ms. MN License # , but these drawings may not be the final drawings utilized for construction but shall constitute not less than 95 percent of all elements of the project; 2. That all anticipated construction shall be in full compliance with all applicable Local, State and Federal Building Codes. Xcel Energy shall provide "as- built" drawings at the completion of the project; 3. That Xcel Energy shall be responsible to correct any and all deficiencies or defects that may be identified by the City, or other inspecting parties, both during and after the construction process; 4. That Xcel Energy and its subcontractors hold harmless the City of Oak Park Heights from any and all liabilities or penalties that may arise from deficiencies, scope and /or omissions in City plan review and /or site inspections. Signed, Date Ron Elsner, Xcel Energy Date Notary (please affix notary stamp) F> ' £' } 7 Invoice No. CITY O i' OA I( PA RIC .H EIQH TS 14168 Oak Park Blvd No. P.O. Box 2007 Oak Park Heights, MN 55082 65 1- 439 -4439 fax 651- 439 -0574 Customer INVOICE Name Xcel Energy Address 210 North 10th Ave. Date 3/10/2005 City Bayport MN Phone 55003 Qty Description TOTAL Building Permit Fee for MERP Project ID #13 $ 11,681.19 S ee Attached 4 Payment due upon receipt of building permit TOTAL $ 11,681.19 Office Use Only 9 Thank you for your prompt attention. r . . 41 , , . i 10 , ..t. 0 ,4 City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 January 5, 2005 Mr. Russell Girtz Xcel Energy 1103 King Plant Road Bayport, MN 55003 RE: MERP Building Permit Application Dear Mr. Girtz, Thank you again for taking the time to meet with City S III come to a viable approach on how we handle the issuance of on City December b 21 � r MERP. The following is the approach that will be utilized: g permits for the 1) City Building Permits are needed for all typical buildings/strues and for all footings and foundations that be utilized for equipment, buildings, towers, etc. It is estimated that there are 10 +/- buildings that will require the typical building permit and 30 +/- footing and foundation permits. No work may commence, including excavations, until City permits are issued. 2) Xcel Energy will need to submit the full scope of the plans and specifications for all structures that are typically required for any construction in the City — such as a shell building. Xcel is also required to submit the full footing and foundation plans, including side elevations, as proposed to accommodate the installation anticipated equipment. Load calculations must be submitted with these footing and foundation plans. All plans submitted shall be approved and signed -off by Xcel's Engineer(s); all such engineers shall be licensed and registered in the State of Minnesota. 3) All submissions shall include as a cover page, the appropriate Submission Form, a DRAFT form is attached hereto. The actual final form to be utilized must include the information as outlined, but may contain additional information. Once such form is agreed upon, the same form shall be utilized throughout the project. Again, such form shall be the cover sheet for each submission and shall be on • BLUE paper. It is understood that there will be approximately 40 +/- separate submissions. Additionally, Xcel shall submit a master list of projects depicting each element on an appropriate site map. This will aid the City in referencing each project. g 4) idi t of a Upon the receipt B ' ' the Upon P u ng Permit Application utilizing the Submission Form, City will review the application and accompanying completeness. Once deemed complete and an actual review completeionshe C ity may then issue a "Building Permit ". It is understood that the submissions for a building permit from Xcel may not be actual final design drawings, but shall must represent better than 95% of the anticipated scope of the proposed element and but shall be in full compliance (100 %) with the City's Conditional Use Permi issued in 2004 for the MERP. Assuming a t as the a building permit for these submissions that meet the 95 % threshold will men issue construction (including excavation) may then commence. d However, the City will not grant occupancy or allow continued equipment until Xcel submits to the City for approval the actual original "as- built" drawings that are WET SIGNED by Xcel's Engineer as well as short written statement that all construction is in compliance with the State of Minnesota Building Code(s). Any such revisions in the "as_builts" shall be clearly "clouded" on the revised Plans are not being submitted to the C City, showing the changes. Because final review and a t3', Xcel may incur re-inspection fees. All p rmit fees will be calculated by the City and must be paid prior to the issuance of a Building Pe • 5) There shall be no filling of any additional lands without the City's written approval. All excavated materials shall be either removed from the City Limits or shall be utilized on site for "final" site grading plan by Feb 4th, 2005 for Cit ��w a nd p P d rov th d a epicts and FINA discusses all anticipated areas to be filled. No other areas may be disturbed or cut without a separate Conditional Use Permit from the City, Please also filled indicate if there is to be any stockpiling of any fill material 6) Allowable construction hours in the City are Monday — Saturday pm. The purpose of the rule is to ensure the appropriate repast f City residents 10 from construction noise. The City cannot authorize a deviation from this However, this rule is applicable to heavy construction equipment Wile. beepers and noise that emanates from the site during backayp y undertake operations during these off -hours that do not create such noise conflicts. Should the need arise for operations that would be in conflict of thi time requirement, Xcel Energy shall notify the City s mile, no more than two -weeks in advance that discusses property off- hoouureo Y and when residents can expect the operations to cease. Such off hour o erat bons within that generate noise shall not exceed seven days. operations 7) Herewith, the City is returning to your attention all documents, plans specifications that have been previously submitted to the City for this project (dated 1 1/24/04) as these documents have been determined as incomplete P J ct to our recent meetings. Additionally, to date the City has not accepted any • relative Y building permit fees or application fees for this project. All ! ' • shall follow the protocols as outlined in this correspondence submissions 8) The City suggests be provided on a s thXcel Energy prepare an formational document that will h -annual someone can secure community qty that outlines the MERP progress and w project and how persons may be able to deal with potential conflicts that may the arise. This document should be mailed to the City and to all property o t may within 2 mile of the Plant's southern most STH 95 entrance. A com 1 l ete ist and read � owners Y made labels Washington County Su`' can be secured from Washin S ry mailing Office that incorporates such radius. mailing The City recommends that we continue to meet on a consistent basis early spring to ensure that our efforts are coordinated. The Ci this winter and does have important timelines; likewise the City also has critical timelines a an tdat Xcel requirements that may not have been enumerated here that help to ensure d are correctly in place and that all parties in the City are treated similarly. that e P rmits Please let me know if you have any questions. cere Eric o • City • . stator Cc: City Council Members Jim Butler, Building Official Mark Vierling, City Attorney Darrell Knutson, Xcel Energy Mark Fritsch, Xcel Energy Byron Nordell, Xcel Energy Ron Elsner, Xcel Energy Toni Volkmeier, MPCA Richard Sandberg, MPCA Paul Heimkes, MN Dept of Admin, Building Codes and Standards 1 ! . • • Xcel Energy Metropolitan Emission reduction Project Building Permit Submission Form Project ID Number. Please Refer to Master Re fe� Sheet - Dated _ Geocode ofParcel• Summary Description of This Submission: Attach additional pages if necessary. 1 lolllb Date Submitted to City: Submitted By: Date Construction is Estimated to Begin: (The City must have at least 60 days for project review) P xject Element Values Footings / Foundations _________________________ • Service Electrical HVAC Plumbing Fire Protection Plant Processing Equipment Other Total Valuation of Submission • Attach TWO SETS OF FINAL, CONSTRUCTION DRA improvement directly to this sheet. Submitted drawings WINGS show all Minnesota a the wings mu Registered Architect / Structural Engineer. st be "WET" signed by Mnnesota • Attached a copy of the Master Reference Sheet with the current improvement circled on the Site Arrangement Drawing and highlighted in the legend. • Are there any hazardous materials that will be needed in conjunction with the construction of this improvement or in its final operation? If YES please explain on separate sheet and also attach MSDS. • Construction Hours in Oak Park Heights are: Monday through Saturday from 7 am till 10 pm (City Ordinance 1105.06) • All contractors must be registered and licensed to work in all licenses. Minnesota, the City requires copies of • , :., City of Oak Park He' 14168 Oak Park Blvd. N • Heights Box 2007 Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 - 0574 December 14, 2004 Mr. Russell Girtz Xcel Energy 1103 King Plant Road Bayport, MN 55003 RE: MERP Building Permit Application Dear Mr. Girtz, Thank you (as well as Darrell and Byron) for taking the time to meet with City Staff we made some significant progress in our discussion on what materials the City needs fro Xcel as how we would review the submissions for your buildin yesterday as I believe building l�rmis for the upcomin well as Per your request, by now you should have received my email that enclosed a draft MERP Form" that we have discussed implementing and that you were going to u back a for a trial run at our next meeting. I have also enclosed a copy hereto as well. Our n g g blue it as a template and bring • t " Submission scheduled for next week here at City Hall on Tuesday December 21°` meeting we will continue our needed discussion meeting is cussion in determining @ when the it this the needed materials (a complete submission), ho we would review it and how we meet your needed time ced One of the other points of our discussion (although Imes. y need "wet" signed permits for final e gh there were man permit issuance. The current documents are labeled "not for construction" and are incomplete. Naturally these copies are not viable for all elements of the project, roughly at this time as we will need final signed drawin for all e1 Legend. the As there are �y 45-odd items — as outlined on the Mechanical in an effort to save the postage costs. l We will continue to discuss this item next week Arrangement how w - return these to you in totality at our upcoming meeting accommodate your bidding process, finalization of plans and needed plan reviews. on how we In the interim please let me know if you have an general Parameters of what we are lookin to accnqu, o�' I believe you had a solid understanding of the p h, likewise we are sensitive to your timetables. cerely ric John . n City A. 41 in' ator PS: Thank you for the clarification on the unknown am. on the application — it is understood that it is Ron Elsner of Xcel Energy. Cc: City Council Members Mark Vierling, City Attorney Jim Butler, Building Official Darrell Knutson, Xcel Energy Byron Nordell, Xcel Energy- PO Box 202 Bayport, MN 55003 -0202 • • ■• City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, gh , MN 55082 • Phone (651) 439 -4439 •Fax (651) 439 -0574 December 2, 2004 Mr. Russell Girtz Xcel Energy 1103 King Plant Road Bayport, MN 55003 RE: Building Permit Application — Metropolitan Emissions Reduction Project (MERP) Mr. Girtz, ) On November 24, 2004 Xcel had delivered to the City Offices an "Application for Permit" totaling $5,574,805 for structures involved in the "MERp» Considering the complexities and size of the project the City is hereby extending I plans and �specification and pursuant to �g 'ts timeline to review such City of Oak Park Heights is herewith extending the period of time 3(f) — or ot hers that may apply- the e for agency/city review of the for an additional 60 day period (for a total of 120 days from the date of application) inasmuch as the application J has determined that additional research and study by th City staff relative to the complexity of the project as proposed will be required. This time extension is also applicable to the City's review on our ability to state the submission is "complete" and that the application does in fact cover all contemplated improvements. It will be necessary to schedule a meeting with yourself to review the submission in detail to ensure that the application is complete and does cover all required elements subject to the City's Permit Requirements. This meeting should be within the next 10 days but you may extend that t nee if your schedules do not permit it. Please provide my office a letter outlining acceptable dates for such meeting. I would suggest that we plan for a least two such meetings, one here at City Hall and a second at your facility. g We require a written explanation and specific detail on how Xcel came up with the $5,574,805.00 estimate for the building on this application. We ask that you provide a breakdown of the estimated value on the project and its various components including the Building That breakdown will need to be provided in advance of the meeting. Once the City does issue a "Permit for Construction ", Xcel may then proceed, but until such time no work may commence. Lastly, the Building Permit submission as it currently stands does not contain a recognizable signature. Please a • • e the City, in writing, whose name appears r Permit name or tha ..z" ons posi •• . and/or authority to the property ro a riy owner is. °II this Application for Permit and what S � erely, icJoi,son City Admini • tor • Cc: City Council Members Mark Vierlin& City Attorney Jim Butler, Building Official Darrell Knutson, Xcel Energy 1 10 t ∎A oh a/ t' p a/ 9: S, a., • • iK F x � �. n IID m �r;w t 0. City of Oak Park Heights • 14168 Oak park Blvd. Box 2007 Oak Park Heights, MN 55082 Phone (651) 439 -4439 Facsimile (651) 439 -0574 facsimile iransmi ttal • To: DA 0 [. C.. // Fax: From: I L -1. , — Date: Re: Pages: 2- CC: ._ 0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply 0 Please Recycle Notes: 11 y t a J S S 4 (• 1� - K � • • • • • • • • z � ANN: Da�E64.k 4. ' 0 � - 7 3/.' a.r • Oak Park Heights ghts Application for Permit Owner: Contractor: Address: Address: Phone: ( ) Phone: ( ) JOB ADDRESS ' Number CLASS OF WORK New Add Sign Alter Repair Move Demolish Front or Width Side or Length Height in No of Area of Type of Occupancy Project Valuation in Feet in Feet Feet Stories Lot Construction inum • led ininemin Legal Description (if no address assigned: i Description of Work Being Done: By signature below, the applicant hereby agrees to work in accordance with the Ordinances the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights Building Department. The applicant further agrees to notify the Building Official of each the required in hours in advance as noted upon the Inspection Record Card. q spections 24 • Applicant's Signature Dated: For Office Use Only: City Building: City Plumbing: City Mechanical: Plan Review: Jim Butler, Building Official State Surcharge: City of Oak Park Heights Signage: 11, City Utility Meter: 14168 Oak Park Blvd. N. Utility Connection: P.O. Box 2007 Utility Inspection: Oak Park Heights, MN 55082 Metro S.A.C.: Investigation Fee: Phone: (651) 439-4439 Other: FAX: (651) 439 -0574 Total: Jim Butler o Paul Heimkes [Paul.Heimkes @state.mn.us] o n t : Friday, January 07' 2005 2:08 PM Subject: Xcel permits Jim, ..... 1 just n finished required regards to rhedired gldiletter your administrator sent to Xcel Energy heights. In his memo he references a s for their big project in Oak Park in he use for In his memo o h refe certain a to use st for building „g He also includeslsomelkindoof that they are heading. something about Building Permit Submission Form" application t on the wanted just j I ted to shoot ustaann d ro p for a you "building e -mail message to inform applic 1 under permit is specifically regulat that the er section 1300.120, Subpart 7. This rule section is very specific about required information that must be includ d o each in application form. pmi application" ....Please be sure that each individual u bung includes all of the information outlined in t r Thanks. this rule. Paul R. Heimkes Building Code Representative, Sr. Building Official, Southeast Region MN Building Codes and Standards Division Direct (651) 205 -4712 iv (651) 297 -1973 1 Free 1- 800 - 627 -3529 e -mail: paul.heimkes @state.mn.us Web: www. buildingcodes.admin.state.mn.us 10 load bearing support or the removal or filing. If the a change a any y required means of egress, or ppli or the construction • rearrangement of parts of a structure affecting documents do not the egress re conform to the requirements; nor shall ordinary requirements of pertinent laws, the building repairs include addition to, official shall reject the application and notify replacement, or relocation of any of, the applicant i water supply, y stand i e writing, stating the reasons pP Y, sewer, drainage, p p , for the rejection. If the buildin g official g , drain leader, satisfied rm o gas, soil, waste, vent or similar piping, that the gas, soil, wiring, mechanical or similar work the requirements of the and conforms le �'121ll or affecting public health or general safety aws and ordinances, applicable shall issue a 'the building official Subp. 7. Application obtain a pplicalaon for permit. To Subp. 9. Time limitation permit, the applicant shall file an n of application. obtain in writing on a form An application for a _ roposed the Department of Building shed by work shall be considered abandoned proposed pu Th a g Safety for that after the date of filing, shall: g, unless the has been pursued in good faith or a it per h A. identify and describe the work to be been issued; except that the building official has covered d the pa for which the work is to g official is authorized t made grant one or more extensions , of time for additional periods not exceeding 180 days each. The extension shall describe the land o requested in writing hall be proposed work is to be done b which the demonstrated. and justifiable cause description, street address, or s legal ill description that e will readily similar Subp. 10. Validity definitely locate the proposed identify and issuance or �' of permit o approval The work; of plans, specifications, h a and c o approval and computations, C. indicate the use and occu anc shall not be construed to be a Permit for any violation of which the proposed work is intended; y for the code or of any other ordinance of the jurisdiction. D. indicate cancel the p rte the type of construction; presuming to Permits give authority cto ode violate or provisions of the code or other E. be accompanied by ordinances of the jurisdiction documents ana com sn on as required ction perm are based valid. by the code construction documents and other data shall T he issuance of a permit based not prevent the buildin F. state the valuation of the requiring the correction o f err official from ors work; proposed construction documents and oth data in the building official ma' The y also prevent G. be signed by or use of a structure that violates the ode or Y the applicant, or the any other ordinance of this jurisdiction. applicant's authorized agent; and H. give other data and information shall 11. Expiration. Every required by the building o shall become invalid unless the work permit issued g fficial. authorized by alid unles Subp. 8. Action on application. within 180 da the permit is commenced bulldog official shall exam se to be its issuance, i se, s i the work n uthorizeo by the permit s0 suspended examined applications for or abandoned for a amendments within a s or e emuts and the time period of 180 days after time after the work y grant, com ant, in writing, The 10 r 171 building official may r, one or r _____,................... ZCow , M Op �� 4�2G 9 471,gc scat / �� D _ 7`'/4 / s c ti e 3 ToT.4L c f", 4 7 e I : f 7 ti • tt fj • lii ill i 1 I i f It ' 1 , ■ 1 . i 1 I • • ■ . 1 , . ., . ......_ 4t.' .e.cz. ....__ 1 „...„ .„.:, 5 1 5 5 , ; ! --_-_________ -_ _-----_----__ - -- • ______ 44 11 i f! I -----r--- :._ ___„.,--_-,-,--„:-,,------- -------;.--,„,_ _____ _ _ ; ' I li il 04 — A / ay / - letigov, 141047 tirIstebol°. .................,„__ N..........____ ___ , 1 141 twtio fa iosAlli7, • 110 NIINNESOTA RULES, RULES, CEIAI TEIZ 1306 SPECIAL EWE PROTECTION SYSTENIS 1306.0010 GENERAL. ' Subp. 3. New buildings. Automatic This chapter authorizes optional sprinkler systems for new buildings, additions • 1 provisions - to .existing buildings, or buildings in which the for the installation of on- premises fire occupancy classification has changed must be suppression systems that may be adopted by a installed and maintained in operational perational municipality in addition to the State Build t adopts � condition within the structure. The Code. If the municipality opts them, the requirements of this subpart apply to structures sprinkler system requirements of this chapter that fall within the occupancy classifications become part of the State Building Code and are established in part 1306.0030, items A to E. applicable throughout the municipality. This chapter, if adopted, must be adopted without Exception:. The floor area of minor amendment. additions that do not increase the occupant load • STAT AUTH: MS s 16B.59; 16B.61; 16B.64 does not have to be figured into the square HIST: A 27 T 1479 footage for occupancy classifications established in part 1306.0030, items A to E. 1306.0020 MUNICIPAL OPTION. STAT RUTH: MS s 16B.59; 16B.61; 16B.64 Subpart 1. Requirement. The sprinkler HEST: 27 SR 1479 • system requirement of this chapter, if adopted, • 1306.0030 REQUIREMENTS. must be adopted with the selection of either subpart '2 or 3, without amendment. For purposes of this chapter, area separation, fire barriers, or fire walls do not establish Automatic i2.s Existing and new buildings. separate buildings. Gross footage sprinkler systems for new buildings, g square defined (g dings, means the floor area as � defined in the buildings increased in total floor area . International Building Code. The floor area (including the existing building), or buildings in requirements established in items A to E are which the : occupancy classification has based on the gross square footage of the entire changed, must be installed and maintained in building and establish thresholds for these operational condition within the structure. The . requirements. The following requirements of this subpart apply to structures must comply with o group that fall within the occupancy classifications • this chapter, sprerents of established in part 1306.0030, items A to E. unless speci fied fied otherwi requirements A. Group A -1, A -2, A -3, and A-4 Exceptions: occupancies; 1. The floor area of minor additions that do B. Group B, F, M, and S occupancies with not increase the occupant load does not have to 2,000 or more gross square feet of floor area or be figured into the square footage for with three or more stories in height; occupancy classifications established . in part 1306.0030, items A to E. C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or • 2. The existing portion of R -2 apartment more stories in height; occupancies, attached R -3 occupancies, and attached townhomes is not required to be D. Group E day care occupancies with an • sprinldered under this chapter. occupant load of 30 or more; 241 • Optional occupancy u municipality HIST: 27 SR 1479 • • • E. Opti PAY gCO p may choose option 1 or option 2. 1306.0060 EXEMPTION. 11) 1 Group R-1 and R-2 occupancies with Th building official, with the concurrence of • 8,500 or•more gross square feet of floor area or the fire official, may waive the requirements of dwelling units or guestrooms on three or more floors; and attached R-3 occupancies and this chapter if the application of water has been demonstrated to constitute a serious life, fire, or attached townhouses built to the International environmental hazard, or if the building does Residential Code with 8,500 or more gross not have an adequate water supply .and the square feet of floor area. All floors, basements, • building is surrounded by public ways or yards and garages are included in this floor area more than 60 feet wide on all sides. • threshold. • 2. Attached R-3 occupancies and attached . STAT AUTH: MS s 16B.59; 16B.61; 16B.64 townhouses built to the International HIST: 27 SR 1479 Residential Code with more than 16 dwelling 1 306.0070 REPORTING. units or more than three stories in height. HIST: 27 SR 1479 STAT AUTH: MS s 16B.59;16B.61;1613.64 A municipality must submit a copyo f the HI ordinance _ adopting this chapter the HIS Department of Administration, Building Codes and Standards Division, within 15 days of its 1306.0040 STANDARD. adoption. Automatic sprinkler systems must comply with the applicable standard referenced in the REPEALER E Minn esota Rules, part State Building Code. If a public water supply • is not available, the building official and fire STAT AUTH: MS s 168.59; 1613.61;16B.64 • chief shall approve the use of an alternate HIST: 27 SR 1479 on -site source of water if the alternate source provides protection that is comparable to that 1306.0100 Repealed, 27 SR 1479 ' provided by a public water supply. If an adequate alternate water supply sufficient for hose • stream requirements is provided or • available, the building official and f f m permit the water supply requirements the hose stream demands to be modified. . . STAT AUTH: MS s 168.59; 168.61;16B.6 HIST: 27 SR 1479 1306.0050 SUBSTITUTE CONSTRUCTION. The installation of an automatic sprinkler sys tem, as required by this chapter, would still allow the substitution of one -hour fire- resistive construction as permitted by the International Building Code, Table 601, footnote d. STAT AUTH: MS s l6B.59;16B.61; III 242 i -- P 1. w,J/v,' -- . 4 41401V,S64541;415) 0 : , C yr _- �I Af s/ s. --- 7.-„,„ f , t 4 ' 0 viteAsi M G t nubs_ has i,s c — No Si724/4 -r,....4%- We OM tivo Sion. IA .... , - -. e' CK WI' w i nroPrf' • G�Lclt a , -'111111101.0111111111111111111 1 d 1 2. 3- p'� PAvL 4t MK ES - D< }_ l7Ot1�IJ ..: �,�,c„31r� � w r IP et= 1 riti►Pr fav,n ete C,17 Vc4-6 ,°°mxrriv 6 on , fie" '` 7.7 ►_q r e p 'f s (ST-72-cc sc c 13c 1 GO Cope yG $ T741 - aro A-An OF E L LTl2) _ - 1 t 'S' 6 rW)-4 3 PnAtr e, (0.41 o `L.C.G.. 13 0•.I�t� (326 .7-P4) • - FO V6 D ■-f wl t/*e y E Gi _ . til.e.co _ _._ S des • y y Ar 60 site avt s« bra,, 444 tr-• 00. 0/2 - -Chi& erri" 41.1 petit, w • • 1991 UNIFORM MECHANICAL CODE 301 -302 Chapter 3 PERMITS AND INSPECTIONS Permits Sec. 301. (a) Permits Required. Except as permitted in Subsection (b) of this section, no mechanical system regulated by this code shall be installed, altered, repaired, replaced or remodeled unless a separate mechanical permit for each separate building or structure has first been obtained from the building official. (b) Exempt Work. A mechanical permit shall not be required for the following: 1. A portable heating appliance, portable ventilating equipment, portable cooling unit or portable evaporative cooler. 2. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by this code. 3. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this code. 4. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code. • • 5. A unit refrigerating system. 1 p -�1 Exemption from the permit requirements of this ex: code shall no be ee to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction. Application for Permit Sec. 302. (a) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section. 5. Be signed by the applicant or an authorized agent of the applicant. 6. Give such other data and information as may be required by the building official. (b) Plans and Specifications. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require any applicant submitting such plans or other data to demon- strate that state law does not require that the plans be prepared by an architect or •' engineer. The building official may require plans, computations and specifica- r 9 7 L5 .7 ., f , /1 /^- 0 , /5 IP / n2 , qe q 5 5 //' ,...57 0, y._/* 4 6 5_ . . c)S?')p4 #f)/"---1.1 1 a • City of Oak Park Heights hts 14168 Oak Park Blvd. N • Box 2007. Oak Park Heights, s, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 December 1 �` 2004 Ms. Toni Volkmeier Air Quality Permits Section Industrial Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 ** *VIA FACSIMILE 651 -296 -8717 ***vm EMAIL: toni.vollaneier@pca.state.mn.us ** *VIA US MAIL RE: Air Emission Facility Permit - Allen S. King Plant — 16300005 -005 • Ms. Volkmeier, The City generally support the project as contemplated by Xcel Energy provide cleaner air for all in the St. Croix Valley. Accordingly, the City has previously passed as such project will g resolutions of support for such project - those are attached here for your reference. Howe this time and based on the proposed language of the Air Facilities Permit the City has following concerns related to the proposed Air Facilities Permit for the Metro Emissio However at Reduction Project — at the Allen S. � the King Plant — document #16300005 -005. ns 1. Any construction or action necessary to facilitate the installation of such equipment that may be contemplated does require Xcel to first make an a giupment application for and receive a City BUILDING PE PProprgy just submitted their BUILDING PERMIT iVIIT(S)• Xcel Energy has only has no authorization to proceed until s c applications a ons arereviewed the City, Xcel by the City. d approved It is the City's understanding that the Air Emission Permit 16300005 -005 as applicable, from the MPCA does not require that Xcel first secure local permits but rather that Xcel only "secure" such permits. or others Corrective Action Sought: There must be language added to the PERMIT that cle states that the APPLICANT (Xcel) must proactively secure all necessary rty and that the APPLICANT must provide affirmative documentation to the local • demonstrates that all such local (City) permits MICA issuin ( t' permits are in order and complete prior to the t g any permits allowing such work to commence. Lastly, there must be or federal Tegulatory CA or other state door ordinances. • states that the M' it r equiremen ts t h a t clearly rules, Pero language added merle override City Local Ordinance agencies do not superced those as allowed by be a mended• not exceed N pC 7010, or as may at the site may d b the enforced. Noise c onditions m ay be permit y 2• finances will T that clearly • 401.15 B. 1 s of the City's ordinances a PEA local All other aspects language added d th secure all necessary Sought: There must be nvestigate an ve Action must proactively 401. B' Corrective APPLICANT m Ordinance - e AP with this tore and few s tates that Sete compliance w technical in nature per mits to documen ammeters of the terms. the PERMIT ud the general i h to notice of the language in to u nderstan d no t l parameters c onstructi on 3 Much capacity Tally Lively the is to bu ued• individuals have the cap the permit is to he iss • ' persons the public notice by the fa facility w here the M,CA of p Additionally , ase. Lastly, directly imps the C noticed those pe not held in errors and h� already Lastly, the that these �' erro coed oerhe phase. a are critical r ZO' 2004 — again Latta feels that then October o f Oak Park of th The City .n a letter dated in the City e theme issues in mile (m H old a public hearing rs within labels for these u ht: d property ailing is mu Certainly Corrective Action Sought: an P ca n provide mailing is o to al Washington County provide O Par Heigh direct con on or a 9 +1 -. The City Plant entrap and atMPCA convenience• o wners fora total cost of $50 property a Cit Hall at no charge ustifiable all a use of the red to make l be CA should be prepared tinder e iu the ARP, the 1ViP CO,, temp to St 27202 and de a re lated matter, improvements, as under Minnesota nesting a full 4. on what l imp batement be ota determinations "pollution a property tax. The City will r equesting ultimately considered personal props fined by the NIPCA as "pollution t from the p determine thus exemp of any equipment so e xplanatio n abatement". he 439} CA on Our concerns all at 651- response from the is o Lase give me a does desire a mitten d to a above comet rein. If your The City questions related to th office has any a ncere% ric John •t City A I istrator Council Members ttorneY Cc: Mark Vierling, City A Mr. Darrell Knutson, Xcel Energy Mr. Russell Girtz, Xcgl Energy ill ,01'20 @4 00** II"- �IPGNp2,�IC AE * * * * * ** - � 1IME 15 @2 ? @a ? froze 00 * * * * * * * * * * * * ** ION � U' 1 4 ® S 4 @S 0 60P e RNPL * * ** I4EN�IFICP� N 0U -19 IA: 5:11 02,40 ®3 ? ?0 0 teze * ** _3 U xIR v .0.) -4 - 9 16% @15021 6 020@@ 0 * * * * * * * * * * ** E CORPS ION CU 651 25339 5441 NOpU 2@ 06:5-3 0 0 5 � ?0 SES F I � @1,15 XM� $ 3153 N O U - 21 @ 1 :5 6 01 502 Z @3 ? 0® 0 C01 PP 233 @�: @ @' 3 9 X M S $ 65 1 110646 3 3 NOU 2� 0 S' g 011 0260 2000 @@0 0 002 1 2 @ @ S : 01 Z XM� 551 ? ?3 N 22 0 2,. 4@ 00 80 @3 ? @ pK @0 110 0 8 23 @ 0:00 ?O.) NO U- 22 10. 06 22, 5@2 ? @ , 65 0041 23 0 ®-00'4S , a0 CO F 5 439 N �� �2 2 1 1 :52 01 @ ? 0 3 ? ®� 6? OK 00 ko : @0 , 46 9,0) 6 0)- @ 3:55 0 150 - 6 @P 30Q 6S OK @ 00 2 3 S @ @:02',x9 RG U 4 ?1 NO U'2 5 1 1. 1 010602; g 602; 69 42 00 39 00 :02 A0 RCU $ x2 2, 6 3 ®x0 NOU 23 1 9 02,4000311r ?0 OK @ 28 00 00 , 3 , �MQ 6 3 NpU' 23 14 12 01 02/°3 ? ?1 2 U ?S N pU - 1 5: @S ? @ 3. ?2 0 0 0 0 2 4 1 0 0 ' @+ 3 ? R ° 1 2 ?5 0 �} -23 1 5:29 01 102 ?3 820 0 � 510 2 82 0 @• @ @ ' ! a? RC U 6 s 4 3 @39 2,6 N O U'2 11 :15 2Sa ?4 O 1 24 00 00 31 �M� 423 p U - 2 11:5 45 ?5 OK 00 1 24 4 0 @2 +55 }{M1 $ SS S \--0,--,A 18:25 @2,0002 ?6 pK 001- 06 2 85 0 0 ;01 RCU $ ?635 ?13 NpU' 1 5:0 @ 15 @ ® � p 00 510 2 85 00 M� 1 Np 1. 5:25 01 ?2 OK @ @ 41 004 28 ? @Z% @ `0 @' RCU $ 829 4351106? NOU' q 152 @g404 ? OK 01 24S @0; 03' �@ XM $ 141 83 511 06? NpU' 4 15: 0 2,00 S 0 O ' 0 j 2/ -)A9 @@: 4 ' 02 XM -c a 1 42 0 31- NO U 2 t6 .0 0® 5 2,2 O p 0 21 00 2 2 51 0® 00' 00 i R U 651- 14 2 90 4? � Sg NO U - 26 16:06 :0? 0 ®1' 2,3 OK 00 a @4 5 2 5 1 0@' 02' 2 RG 65 651 ?306 p U -2? 1 @ :0 8 @., 2, 8 0? 0 @ 2 4! 0 45 2 5 3 0@ 0 XM $ 1014351 \--)00-253 1 44 .1 ci S 5 0 @@ 2 5 0 0 .00 40 XR V 952 S 5619 NpU 292, 12 32 $? OK 001j @ 0 0 0 :00' 80 RCU 39 N p Q -29 1 9:35 90 0 K. 00@ !010 0 00,36 R CU 55 1 ?1 ? 2 , 1 N OU - 29 2@: 0 0 . 03 538 00 003 „0‘.00333 0'00 =3 2 RC 65 ? ?g 4 NpU -2 @ @ ?:5 ? 2,1 82 0 02 00 0 @:01 ,38 RCU 19 25 ? 422 42 NOU 3 ® 02 30 OK @ @1 00`� 00 A M A g 19 NpU 1 @: 92 OK 0 08 006 p ©:0 586 'AA � NO U- 3 11 :03 93 OK 001 06 00? 00:0r,..39 RGU R;ghtF @ ®52, NOU 11 95 0 94 O K 006 0 ®S @ @:0 ? RCU 651 45 NO U 3 1 4:0 OK 00 2 062 a 0 3 RCU S9 NpU' 1 8: 96 OK 000 00� 0 0 RC $ 3512 816 NOU 3 18: � 42® © @2 @10 0 Te'..0e,2`? 01 ' 0 $ ? 6343 NOU' 1 6 OK 005 012 0 00"- 1E ,a 0 2,9 OK @ @1 01x 0 : 00 2 R C U FPS 91 NOU 2 00 OK 0 @1 01 0 0 :0 1 ' 2 RCP -25,66199'1' M�rk�t \100-3e 01 OK 00110 015 @ 0 ' 00 A6 RCU Br I ne s Marke t D - 0 . 02 OK 0 @4 @1 @ @: @0 @ RC $riv Mar 0 4 OK 001 01 @ 0, :01' @ 3 RGU $ u es 10-01 0 OK 0 01 01 @0:00 53 o) EC -01 05 OK @ @1 020 @ @:01' 3 RCU SZ g6� �EC�0 06? OK 0 01 021 @ 0:00 ! 4 . 551 023 ? 0 490 @ @1 022 0@ :�.. 1 R CU $ Z g6S ?3 �, HE 0S OK 001 023 00 :01 S ,0 g 2 11 -� 09 OK 001 fi 4 : 01 0 ,,MZ O pK @@ 31003 e25----0- 00 :00' 15 ' yowl' , 2 2 --- 0 0 04 @@! @ 4 39 0 5 ?4 1 S� .*. ** ,551 • • *. *.*** * * * * * *** * * ** . * *. *. * *. * * * *. ** • * * * * * * * * * * * * * ** - JOURNAL * * * * * * * * * * * * * * * * * * * * * * * ** DATE DEC -01 -2004 * * * ** TIME 15 47 * ** P.01 DATE TIME DIAGNOSTIC COM PAGES FILE DURATION X/R IDENTIFICATION NOV -15 13:59 2840470377000 a 1 7012370626 NOV -15 16:39 0150270377000 '1 OK 006/006 181 00:01'48 XMT NOV -15 22:50 0110260377000 16 OK 001 182 00:00'43 RCV 7634244404 NOV -16 01:30 0110260077000 17 OK 001 183 00:01'04 RCU 0110260 01102600 OK 001 184 00 01'07 RCU NOV -16 10:27 18 NOV -16 11 05 0110260330000 1 OK 003 185 00 02'49 RCV 01102603 0000 186 00:00'43 RCV NOU -16 11:35 20 OK 001 RCV 7634974266 NOV-16 11 45 0150270377000 2 OK 001 18 00:00'41 3 11 :45 0150260377000 188 00:00'36 RCU aa4303921 travel NOV -16 22 OK @01 XM T NOV-17 01:54 0150270377000 23 OK 009/009 189 00 0 26 Market WATCH NOV -17 08:18 14 0150270377000 2 OK 001 19 00:00'48 RCU 1- 888 - 0 01502703 OK 001 191 00:00'51 449 -520 7 RCU NOV -17 08 24 25 NOV-17 08:37 0110260232000 26 OK 002/002 192 00:01'7 XMT s 4394061 0150260232000 OK 001 193 00:00'3 7 RCU 763 441 5010 NOV -17 08:44 27 194 00:01'17 RCV NOV-17 10 04 0110270577000 2 OK 004 NOU -17 11 06 0110270377000 30 OK 001 195 00:00' 3 RCV 0800420000000 OK 001 196 00: ©0'32 RCV NOV -17 14:35 0800420000000 30 NOV-17 15:20 31 6OK 002/001 1 00 00'50 XMT a 4393639 NOV-17 15:30 8840470377000 3 OK 002/002 200 00:00'53 XMT ATTORNEY NOV-17 15:44 0500470377000 33 OK 006/006 201 00:00'48 XMT NOV-17 15:55 0800470377000 3 O K 006/006 20 00:0142 XMT a 7635950548 NOV -17 1 50 8840470377000 35 OK 001/001 203 00:00'34 XMT s 7 634415010 NOV-18 08:04 0840470377000 36 37 OK 002/002 204 00:00'4 112 XMT ATTORNEY NOV-18 08:31 0010270377000 38 495 004/004 205 00:01 2 XMT NOV -18 08 35 0110270367000 38 495 01 206 00:01'09 RCU 6840470377000 OK 010 207 00:00'38 RCV NOV -18 08:44 6 4 0 4 7037 7000 NOV -18 10:16 0150260270000 OK 001/001 208 00:00'38 XMT a 4306370 NOV-18 10:20 41 OK 002 209 @0:00'45 RCV 1 651 437 1955 NOV-18 10 55 2840260200000 00'00'40 RCV 0110270357000 42 420 000 a 17012370626 NOV-18 12:05 43 OK 002/002 210 00:00'44 RCV NOV -18 12 22 0110270357000 4 OK 005 211 00:03'13 RCV 0800460370000 NOV-18 12:31 46 OK 006/006 21 00:01'43 XMT a 2962493 NOV-18 12:51 0150270237000 46 OK 006/006 213 00:03'04 XMT 61243416 6535135 NOU -18 13:20 0150270237000 47 634 001 214 00:00'4 0 RCU a 4393639 3199 0800470377000 NOV -18 13:32 48 6OK 002/001 215 00:00'03 XMT a 7 635950548 NOV-18 1:2 0 0 027037 7000 50 OK 002/002 217 00:00 XMT NOV-18 14:13 0150260371000 50 OK 001 218 00:00'30 RCV 651 613588 76357135 0150270 NOV -18 14 23 0150270377000 51 OK 008/008 219 00:02 56 XMT NOV-18 15:10 5 O K 014 220 @0:01'00 RCV ATTORNEY 0150270377000 NOV -18 15 16 0840470377000 53 OK 014/014 221 00:04'16 XMT NOU -18 15:22 5 OK 001 222 00:00'31 RCU a 15789 08404603 7000 NOV-18 15 38 0110260077000 55 OK 001/001 223 00:00'27 XMT NOV-18 15 52 56 OK 001/001 22 00:01'06 XMT a 4303921 NOV -18 15:59 2 0840470377000 5 O K 002 225 00:01'06 RCV 001/001 226 00:00'31 XMT a 4303921 NOV-19 07:41 0840460330000 58 OK NOV-19 08:24 0840470377000 60 OK 002/002 22 00:01 31 XM T NOV-19 08 24 8840470377000 60 OK 001/001 228 00:01'01 XMT s T339 015027037700E NOV -19 10:08 084047027700E 64 OK 001/001 232 00:00' 61 OK 003/003 229 00:01'04 XMT ATTORNEY 88- -449 -5207 NOV -19 1 1 19 6 OK 001 230 00:00'52 RCV 380447033700( 63 OK 001/001 231 00:00'26 XMT a 3 NOV-19 11:30 26 XMT s 4 430 00 NTINUE » -OAK PARK HEIGHTS CITY - ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** -651 439 0574 �**�**�k��*****� DATE DEC - 01 -2 @ @4 TIME 15:46 ** * ** * * *,�,�* - I ND . > MT JOURNAL- DATE /T = DEC - 01 -2004 15:45 JOURNAL No 14 COMM.RESU STOP 000/@ @ PAGECS = 00:@ @' DURATION 026 FILE No. MODE = MEMORY TRANSMISSION 2971 DESTINATION = / 65129 RECEIVED ID RESOLUTIO = STD _OAK PARK HEIGHTS CITY - * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * ** -651 439 0574 . __..._ 1 . . . i .• ../ • 1991 UNIFORM MECHANICAL CODE 301 -302 Chapter 3 PERMITS AND INSPECTIONS Permits Sec. 301. (a) Permits Re e of this section, no mechanical s tm re d. axed p as permitted in Subsection repaired, replaced or remodeled unless a separate de (b) permit f o r e separate building or structure has first been obtained from the building official. h (b) Exempt Work. A mechanical A permit shall not be required for the following: portable heating appliance, portable ventilating equipment, cooling unit or portable evaporative cooler. 2. A closed system of steam, > portable cooling a am hot this code. • g 9�pme chilled water piping within heating or equipment regulated by this code. 3 • Replacement of does not alter f its any component part or assembly of an appliance w requirements of this code. approval and complies with other a loch 4. Refrigerating equipment Pplicable • g q pment which is part of the equipment for which a er has been issued pursuant to the requirements of this 5. A unit refrigerating code. P of Exemption from the Z �X permit requireg system, �i-(� P : 7 � r e , e ments of this code shall not grant authorization for work to b done in violation of the provisions of this code to or other laws or ordinances of this jurisdiction. Application for Permit Sec. 302. (a) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: l • Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done b description, street address or similar description that will readily identify and definitely locate the proposed building or work. by legal 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section. 5. Be signed by the applicant or an authorized agent of the applibarit. 6• Give such other data and information as may be required by the building official. (b) Plans and Specifications. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each a permit. When such plans are b e not re official may require any p by an architect or engineer, rthe �building for a strate that state law does not require that the plans b e la re or other br Y d an data arch or to demon- engineer. The building official may require plans, computations and specifics- . 7L)- L.5 p /7 G ID . / n 77( q _ ___ii 1 . 5 ' s �� s /1 / 2 1 ,5 // -6 , ` . Minnesota Pollution Control Agency Xcel Energy - Allen S. Kin g Plant Rehabilitation Project Public Process Evaluation November 18, 2004 Tell Us What You Think! The MPCA is always seeking better ways of providing information about environmental issues in your community. We would appreciate your feedback on how we're doing and whether this public involvement process met your needs. Piease check the response that best sits our opinion about the public participation a7 % - process. C f t: I saw a public notice ad about this meeting in my local newspaper. I was told about the meeting by another person. • have enough information to provide comment. The fact sheet was helpful in understanding meeting topic. The meeting was well- organized. The presenters were knowledgeable. The MPCA staff seemed friendly and responsive. I still have unanswered questions. I prefer to receive information on -line (via e-mail or web site) that than at meetings or in written documents. Anything else you'd like to suggest? Minnesota Facts about the Allen S. King Agency Ai Quality Permit Agency November 2004 November 2004 Industrial particulate matter (PM and PK emissions Division This fact sheet explains the MPCA's role from the main boiler are controlled by and activities regarding the proposed Air Permits precipitators, which use an Section reissuance of the federal Part 70 air electric charge to remove particles. emissions permit and authorization for plant Emissions from the auxiliary boiler are modifications at Xcel Energy's Allen S. uncontrolled. Particulate emissions from King Generating Plant at Highway 95 and coal receiving and handling are also Point Road, Oak Park Heights, Minnesota. controlled by fabric filters. Facility and Modification Sulfur dioxide (S0 emission limits at the Description main boiler are currently met by burning Today, the Allen S. King Generating Plant low- sulfur coal. The boiler rehabilitation can project adds a dry scrubbing system which an generate about 525 megawatts (MW) of • uses lime to eliminate the great majority of electricity, enough to provide power for the SO and sulfuric acid (H2SO emissions more than 375,000 homes. As a base -load generated at the plant. plant, the facility runs nearly all the time. Boiler improvements will allow the boiler to Currently, the main boiler has no controls to operate at a consistently higher capacity, up reduce its nitrogen oxide (NO emissions. to 560 -570 MW. The improvements will Xcel will add selective catalytic reduction also allow the boiler to operate at still (SCR) for NO control in the rehabilitation higher capacities for short periods. project. With SCR, ammonia vapor is injected into a catalyst chamber with the The facility consists of a single boiler for exhaust gas, and the NO is chemically energy production, four smaller boilers for changed to nitrogen gas and water. start-up and to operate coal and coke - handling equipment, ash handling The following table shows A.S. King's past equipment, other associated equipment, fuel actual and projected future emissions of storage piles, and emergency generators. certain individual air pollutants, for the operations affected by the rehabilitation The main boiler was installed in 1968, and project (main boiler, auxiliary boiler, is the primary source of emissions. It burns cooling towers, coal receiving and handling, primarily sub - bituminous coal and lime and fly ash handling, and ammonia petroleum coke. Some natural gas is also vaporization). "Past Actual Emissions" are consumed, usually for start -up purposes.. the average annual emissions during the Coal, the primary fuel, arrives by train, is baseline period indicated for each pollutant; unloaded within a building, and then "Projected Future Emissions" are the conveyed to the plant or to a stockpile with emissions expected to occur after the a system of conveyors, most of which are rehabilitation is complete, from the same set • enclosed. Petroleum coke arrives by truck. of emission units. These emissions do not In the plant's current configuration, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155 -4194 (651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864 This material can be made available in alternative formats for people with disabilities. �•' Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. ea) Pollution Control Agency November 2004 include emissions from operations not affected by the rehabilitation project, because those emissions are not expected t� change. Past Actual and Projected Future Emissions, in tons per year, for operations affected by the rehabilitation project Pollutant Baseline period Past Actual Projected Future SO Apr '02 — Mar `04 26433 2553 NO Apr '02 — Mar `04 12517 2150 PM Jan '02 — Dec `03 1032 421 PK Jan '02 — Dec `03 685 669 H2SO4 Apr '02 - Mar `04 405 72 Volatile organic compounds (VOC) Sep '01 — Aug `03 97 133 Carbon monoxide (CO) Jan '02 Dec `03 206 274 Lead Jan '02 - Dec `03 0.38 0.49 Fluorides Jan '02 — Dec `03 0.02 0.02 The next table shows the potential emissions for the highest- emitted pollutants for the entire facility after the rehabilitation project, including those units or operations not affected by the project. "Potential emissions" are those emissions calculated to occur if the plant were to operate at 100% of its capacity, up to any emission or throughput limits included in the permit. (In the table below, HAPs refers to Hazardous Air Pollutants, a group of pollutants listed in the Clean Air Act.) Total Facility Potential To Emit Summary (ton /year) • PM PK SO NO CO VOC HCl H All HAPs 522.1 813.3 3027 2701 439.8 166.8 147 84.2 178 Air Permit History Continued Public Participation The initial Part 70 permit was issued on July 21, 1998. Requests for copies of the draft documents must be in The following amendments have been issued since then: writing. The draft permit is also available electronically • March 5, 1999 - major amendment to add the at www.pca. state .mn.us /news /data/index.cfm ?PN =1 requirements of the Acid Rain program, and under the title bar "November 02, 2004." extension of a testing deadline Written comments on the proposed reissuance will be • June 26, 2000 - administrative amendment to accepted until 4:30 p.m. on December 1, 2004. modify the tracking of monitoring requirements by Comments may be submitted through regular mail, by MPCA. No plant modifications were authorized. fax, or by e -mail, to: • June 23, 2004 — Major amendment authorizing Toni esota P 1 replacement of 4 uncontrolled coal conveyors with Minnesota Pollution Control Agency new conveyors controlled by fabric filters. Industrial Division/Air Permits Section 520 Lafayette Road North Proposed Reissuance St. Paul, Minnesota 55155 -4194 As required by Minn. R. 7007.0400, subp. 2, Xcel Fax: (651) 296 -8717 Energy applied for reissuance of the permit on January e-mail: toni.volkmeier @pca.state.mn.us 17, 2003, 180 days before the permit was scheduled to After the December 1S` deadline, all written comments expire. Under Minn. R. 7007.0450, subp. 3, as long as a and all questions submitted in writing during the publ timely application for reissuance was received, the meeting will be answered in writing. A complete cop existing permit does not expire until a new permit is of the responses will be sent to all parties who have either issued or denied. provided their full name and mailing address. Allen S. King Plant Air Quality Permit — November 2004 Page 2 • ............ Minnesota Citizens Guide to New Source Pollution Control Review Reform . Agency Air Quality /Federal and State Regulations /#4.29 /March 2004 Majors and Remediation Division, Air Quality What is New Source Review What specific changes does Program Reform? Reform make to the NSR New Source Review (NSR) is one of many program? U. S. Environmental Protection Agency NSR Reform allows an existing facility to (EPA) regulatory programs that protect air either follow rules under the "old" NSR quality'. NSR regulations may apply when program or use the new rules. Additional a large facility installs or modifies NSR changes will likely be proposed by equipment or changes a process. If these EPA in the future. changes increase air emissions significantly, Key areas where new options are available: Where does the facility must follow NSR regulations and Determining whether a • Minnesota's air apply the Best Available Control modification is big enough to pollution come Technology (BACT) to control emissions. trigger NSR from ?* 1. Choose old NSR method: Compare NSR Reform is the name given to recent maximum possible (future) annual • EPA revisions of NSR. These reforms emissions to the emissions. level in affect how a facility determines if it must the immediate past. Area apply BACT. NSR Reform in Minnesota 2. Or choose new NSR Reform applies only to the 140 facilities subject to s : Compare a projection of NSR. future emissions to actual NSR has been working well for new emissions during a recent period. The projection is based on the sources; the reforms affect only existing , major sources. In addition, NSR Reform company s business plans, but the does not eliminate Minnesota's existing projection should not require the state permit requirements. If a facility change to be made. Although NSR does not address the fewer changes will exceed the NSR majority of air pollution makes a change not subject to NSR under permit threshold, the amount of sources in Minnesota. the new rules, it may still require a permit pollution control equipment will Most Minnesota air from the MPCA. pollution comes from not necessarily change. "area" sources, including as gas stations and This is expected to be the most commonly solvent use; and "mobile" used new provision. Facilities choosing the sources, such as vehicles and construction new option are subject to additional equipment. NSR applies I Other programs affecting stationary sources recordkeeping requirements to document only to certain facilities include the Acid Rain Program; New Source the accuracy of their projections. within the "point" source Performance Standards; and National Emission (large facility) category. Standards for Hazardous Air Pollutants. Minnesota's State Implementation Plan (SIP) *1999 criteria air emissions addresses (past) violations of ambient air quality standards. 2 The MPCA also permits more than 2000 other 3 Power plants have been allowed to use this • air emission sources not affected by NSR method since court rulings and subsequent Reform. changes to NSR in the early 1990's. aq4 -29 Minnesota Pollution Control Agency, 520 Lafayette Rd. N., St. Paul, MN 55155 -4194 (651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864 This material can be made available in alternative formats for people with disabilities. Minnesota Pollution Control Agency Majors and Remediation Division Air Quality /Federal and State Regulations /#4.29 /March 2004 • Air Quality Program • Clean Unit Designation states that meet the standards, thus including more Facilities can now obtain a "clean unit designation" facilities. Some states are also concerned about pending through a permit from the Minnesota Pollution Control NSR enforcement cases for past violations. Agency (MPCA). This designation is for emission units deemed to have the best available control technology. How will NSR Reform affect air emissions in Clean unit status allows some changes to an emission unit Minnesota? without undergoing another NSR analysis. The clean unit designation is reviewed every ten years to ensure that the Based on past experience, it is not likely that the new NSR control technology is still the best available control provisions will have a significant impact on emissions in technology. Minnesota. EPA believes these changes will encourage • Pollution Control Project Exclusion emissions reductions. However, it is difficult to predict This new provision exempts pollution control projects how much emissions will change for a number of reasons: from NSR if they meet certain criteria. (An MPCA permit • Future plant changes at Minnesota's 140 still may be required, however.) If this provision is used, facilities are unknown 1 the facility does not get credit for these emissions • Facilities' use of NSR Reform provisions is reductions in future NSR permit applications. optional (however, the MPCA is tracking use of • Plantwide Applicability Limits (PAL) these provisions at facilities) Facilities can request a cap on actual emissions, then trade increases and decreases under the cap. (Without a PAL, • Other regulatory programs also affect emissions NSR allows a facility to continue to make changes that from these facilities (see footnote 1 on page 1) increase emissions over time as long as certain conditions How many facilities apply for NSR permits? are not triggered.) Development of a PAL requires considerable time and resource commitment on the part of Over the past ten years, the MPCA has issued fewer than • the facility. 50 NSR permits total (both new and existing facilities). In • Replacement Exclusion other words, only a handful of facilities each year have undergone the permitting analysis that requires a facility to In December of 2003, courts stayed implementation of this provision. This provision allows replacement of install the BACT. When making changes, most of the 140 components of existing process equipment with similar facilities have chosen to take limits in their permits that components costing up to 20 percent of the current keep total emissions below the threshold that triggers NSR replacement value of the process unit without requiring analysis. NSR permits. Basic design parameters of the equipment In addition, March through December of 2003, five cannot be changed, and emissions limits in operating facilities submitted permit applications that deal with some permits cannot be exceeded. aspect of NSR Reform. What is the status of NSR Reform in What other steps is the MPCA taking to Minnesota? ensure that Minnesota's air quality is NSR Reform became effective in Minnesota, Michigan, protected? South Dakota, and eight other states March 3, 2003, 60 days after EPA published final rule changes in the Federal The MPCA's compliance and enforcement strategy Register. In other states, individual state rules must be focuses on examining actual emissions from these facilities changed first for NSR Reform to become effective. and tracking the types of process changes made at a Why do some states oppose NSR Reform? facility. This information will help the MPCA decide In states that violate national air quality standards when a closer look at a facility is necessary. The (Minnesota does not violate standards); the need for an information will also help determine whether NSR Reform NSR permit is triggered by smaller plant changes than in reduces emissions. Citizens' Guide to New Source Review Reform PAGE 2 • I Minnesota Pollution Control Agency IV Majors and Remediation Division Air Quality /Federal and State Regulations /#4.29 /March 2004 Air Quality Program The MPCA continues to evaluate the actual quality of the ambient air through more than 140 air monitors at 56 sites What about grandfathered coal -fired power throughout the state. The MPCA currently inspects more plants? Will NSR Reform allow these than 250 facilities a year, with NSR facilities the most older, dirtier plants to keep operating even frequently inspected. The MPCA also continues to pursue longer? reduction of emissions through supporting Xcel Energy's voluntary conversion of its older metropolitan -area coal NSR has been in place since 1977. It has not been plants to natural gas, and partnering with Clean Air effective in cleaning up old coal -fired plants. The Minnesota initiatives to reduce ozone precursors (Clean MPCA position is that these grandfathered plants Air Minnesota Web site: http: / /www.mn- must be cleaned up, but that NSR is unlikely to be ei.org /air /index.html) the most effective tool. Power plants on a national basis have significantly reduced emissions of key The MPCA's air quality strategies are summarized in the pollutants due to other Clean Air Act programs, 2003 Air Quality Legislative Report: Into the Future. such as the Acid Rain program. More stringent Available online at: national outdoor air quality standards for fine http: / /www.pca.state.mn.us /publications /reports /lr- particles and ozone promulgated in the late 1990s airqualityreport- 2003.html will likely bring about further reductions on a national basis. Where can businesses learn more about NSR Here in Minnesota, in late 2003, the Minnesota and how to use the new provisions? Public Utilities Commission approved Xcel formation and tools are available online to help facilities Energy's plan to reduce emissions from three who choose to use the new provisions. Forms, fact sheets, metro -area coal- burning power plants. Called the and policy guidance can be found on the MPCA's Web Metropolitan Emission Reduction Proposal site: (MERP), the plan calls for re- powering the http: / /www.pca.state.mn.us /air /permits /nsr/index.html Riverside and High Bridge plants to natural gas, and updating the Allen S. King plant by adding new pollution - control equipment. The entire project is scheduled for completion by 2010. The MERP project will reduce total sulfur dioxide emissions from these three plants by 93 percent, nitrogen oxide emissions by 91 percent, direct particle emissions by 64 percent, mercury emissions by 76 percent, and carbon dioxide emissions by 21 percent. • Citizens' Guide to New Source Review Reform PAGE 3 • • • 1 is CZ) Minneso Pollution Facts about the Clean Unit Control Agency Designation in New Source Review Majors and Air Quality /Federal and State Regulations /#4.26 /November 2003 Remediation Division Air Quality Program In its amendments to the federal New Source • Unit has not gone through NSR, Review (NSR) rules promulgated December control is not BACT - equivalent, but 31, 2002, U.S. Environmental Protection degree of control is deemed to be Agency (EPA) provided for emission units substantially as effective as BACT. with good control equipment, or equivalent work practices, to be designated as "Clean How Do I Obtain a Clean Unit Units." Under certain conditions, Designation? modifications to Clean Units are deemed to • result in no emissions increase and can be Obtaining a CUD always requires that a exempt from NSR permitting. Please note, permit action occurs, either now or however, that even though a project at a previously. Clean Unit may automatically avoid NSR For a unit that has gone through NSR permitting, the project may still be subject to If an emissions unit meets all of the • Minnesota's state permitting requirements. following requirements, it automatically Consult Minn. R. 7007.1150 through Minn. R. 7007.1500 to determine if a permit qualifies as a Clean Unit: amendment is needed for a proposed change • Unit is going through NSR and will or modification. receive a Prevent of Significant Deterioration (PSD) Permit, or the How Does an Emissions Unit unit has gone through NSR within Qualify for a Clean Unit the past ten years and received a Designation? PSD Permit at that time; The Clean Unit Designation (CUD) is • The BACT determination associated available to emissions units located at with that NSR review resulted in a existing major sources under NSR. There requirement to reduce emissions below the level of a standard, are three ways an emissions unit can qualify uncontrolled emissions unit of the as a Clean Unit. same type (i.e., add -on controls, • Unit has gone through NSR, and the specific work practices, and/or Best Available Control Technology pollution prevention techniques are (BACT) determination results in required); and some degree of control • An investment was made to install • Unit has not gone through NSR, but BACT. ( "Investment" includes is subject to a degree of control that expenses to apply or to research the is equivalent to BACT application of a pollution prevention technique to the emissions unit.) • aq4 -26 Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155 -4194 (651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864 This material can be made available in alternative formats for people with disabilities. C Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Minnesota Pollution Control Agency Majors and Remediation Division Air Quality /Federal & State Regulations/ #4.26 /November 2003 • Air Quality Program For an emissions unit that automatically qualifies as a How Do I Demonstrate that My Control Clean Unit under this provision, the Permittee is not required to submit an additional permit application to Technology is Comparable to BACT? receive the CUD. The CUD is automatically effective (can Option 1: Equivalent to BACT. be relied upon when making changes or modifications) on You must examine EPA's Reasonable Available Control the date that the BACT is placed into service, or three Technology /BACT /Lowest Achievable Emission Rate years after issuance of the associated PSD Permit, (LAER) Clearinghouse (RBLC, http: / /www.epa.gov /ttn) whichever is earlier, but no earlier than March 3, 2003. for ALL BACT and LAER determinations made over a The terms of the CUD designation should be incorporated five year time period for the pollutant of interest. If the into your Title V Permit at the earliest convenient time emission limit achieved by your emission unit/control (i.e., the current permit, the next permit amendment, or technology is at least as stringent as the average of the reissuance of the permit). RBLC limits, and the project passes the air quality impact For a unit that has not gone through NSR analysis, it can qualify as "equivalent to BACT." For a unit that has not gone through NSR, you can still get For emission units /control technology installed before a CUD by demonstrating that the control technology is March 3, 2003, there are two choices for establishing the comparable to BACT (see below). You must receive a five -year period for review of the RBLC. You can either permit (using the major amendment procedures) which demonstrate that the unit/control technology was identifies the unit and the associated air pollution control equivalent to BACT at the time originally installed, or . technology, which is defined as including pollution demonstrate that it is equivalent to current BACT. prevention activities, or work practices, and designates the If you elect to demonstrate that the technology was unit as a Clean Unit.. The permit will contain emission equivalent to BACT at the time originally installed, the limits and monitoring, recordkeeping, and reporting five year period is the five years prior to installation of the Ai requirements. This is discussed further below. control technology. In that case, the CUD would be effective when the permit containing the CUD is issued, For control technology installed on and after March 3, and would expire ten years after the date the control 2003, the regulations require that you apply for the CUD technology was originally installed. This effectively limits at the time the control technology is installed. this option to control technologies installed less than ten This requires a major amendment under Minnesota Rules, years before applying for the CUD. so the permit must be issued prior to beginning actual If you elect to demonstrate that the control technology is construction of the project. If you install the controls on or equivalent to current BACT, the five year period is the after March 3, 2003, and do not obtain the CUD as most recent five years. In this case, the CUD is effective allowed under the BACT - comparable option (i.e., you when the permit containing the CUD is issued or when the didn't get the permit first), you can still apply for a CUD control technology is installed, whichever is later. The by applying for a permit under NSR as described in the CUD expires ten years after the effective date. previous section. Option 2: Substantially as Effective as BACT (Case-by- For control technology installed prior to March 3, 2003, Case) you must submit your permit application for a CUD by EPA has not developed any detailed guidance for this December 31, 2004. The CUD is effective on the date the option. The Minnesota Pollution Control Agency (MPCA) permit designating the unit as Clean Unit is issued, or the is responsible for accepting and evaluating your date the control technology is installed, whichever is later. information on a case -by -case basis. A control technology which is not achieving an emission limit equal to or better than the average from the RBLC may nonetheless be determined to be "substantially as effective" as BACT. The project must also pass the air quality impact analysis. If so, a CUD may be granted. • Facts about the Clean Unit Designation in New Source Review Page 2 Minnesota Pollution Control Agency 0 Majors and Remediation Division Air Quality Program Air Quality /Federal & State Regulations /#4.26 /November 2003 What Should Be Included in a Permit 8. Monitoring, recordkeeping, and reporting requirements: Since most sources getting a CUD Application for a Comparable -to -BACT will have a Title V/Part 70 permit, these permits CUD? will also contain Part 70 Periodic Monitoring and The permit application must include: possibly Compliance Assurance Monitoring (CAM) for the unit/Air Pollution Control I . Indentification of pollutants to which the CUD Equipment (APCE). Careful consideration of the will apply. Periodic Monitoring and CAM requirements may 2. The effective date of the CUD or the process provide all the monitoring, recordkeeping, and which will determine the date. reporting required. 3. The expiration date. 9. Air Quality Analysis: You must demonstrate that 4. The emission limits or work practices you believe the allowable emissions from the unit will not correspond to BACT. This limit becomes a cause or contribute to a violation of any National permanent limit which continues to apply after the or Minnesota Ambient Air Quality Standard. CUD expires or is lost. Where applicable, you must also demonstrate that the allowable emissions do not cause or contribute 5. The equivalent -to -BACT demonstration or the to an exceedance of a PSD increment or to a substantially -as- effective demonstration. visibility or Air Quality Related Value in a Class 1 6. Physical characteristics of the unit and control area. technology on which the emission limit depends. The MPCA has developed application forms for you to use 7. Operational characteristics of the unit and control http: / /www.pca.state.mn.us /air /permits /forms.html technology on which the emission limit depends. Form CUD -02. •ffective & Expiration Dates When determining the effective and expiration dates of the CUD, many of the options listed below rely on the date the control technology was placed into service. Placed into service means the initial startup date of the given control technology. Keep in mind that the control technology can consist of more than one component and may be part of the given emissions unit (e.g., a low NOx burner). As mentioned earlier, a CUD can be granted for any technology which reduces emissions, so it could be an add -on control device, a work practice or even pollution prevention techniques. For some process, there might be a combination of different technologies that results in the CUD. For these scenarios, the relevant "placed into service" date is the date the last component went into service. For example, if a CUD involves using a low -VOC coating and a thermal oxidizer, and the facility starts up the oxidizer on 12/30/04 and implements the low- VOC coating on 1/15/05, the official "placed into service" date would be 1/15/05. The following table summarizes the effective dates and expirations of the various CUD categories: Effective Date Expiration Date* Automatic CUD because unit has gone Date the control technology was placed Ten years after the control technology was through NSR and has BACT limits into service or three years after date of placed into service, Requalifying for CUD by installing new NSR permit, whichever is or ten years after effective date, whichever technology meeting current BACT earlier, but not before March 3, 2003 is earlier Qualifying for CUD using control Date of the major NSR permit designating Ten years after effective date technology that exists prior to major NSR the unit as a clean unit permit issuance Requalifying for CUD using existing control technology Comparable to BACT at the time of Date the control technology was placed Ten years after installation of control installation of control technology into service or date of issuance of permit technology comparable to current BACT designating the unit as a clean unit, Ten years after effective date . whichever is later Facts about the Clean Unit Designation in New Source Review Page 3 Minnesota Pollution Control Agency Majors and Remediation Division Air Quality /Federal & State Regulations /#4.26 /November 2003 Air Quality Program * A CUD can also be lost if the emission unit is General Duty modified in a way that causes a need for a change in: You must operate the Clean Unit in a manner consistent BACT emission limitations or work practices; the with proper industry and engineering practices, in a emission limitations or work practices that have manner that is consistent with the environmentally been determined to be comparable to BACT; if the beneficial analysis and air quality analysis, with project will alter any physical or operational information submitted in the notice or permit characteristics that formed the basis for BACT or the application, and in such a way as to minimize emissions. determination that the control technology achieves a level of emission control comparable to BACT. Recordkeeping If My CUD Expires or is Lost, Can It You must maintain copies on site of the permit application for the CUD, the air quality impacts analysis, Be Renewed? and monitoring and other emission records to prove that You may be able to requalify for a CUD under the the Clean Unit operated consistent with the general duty following circumstances. If you can demonstrate that requirements above. the control technology achieves a level of emission Generation of emission reduction credits control comparable to current -day BACT, you can You cannot use emission reductions created by a CUD in submit an application for a new permit with a CUD. calculating a significant net emissions increase for other If you requalify for a CUD by applying for a new NSR modifications. You may generate credits if you agree to permit as your renewal permit, the new CUD becomes emissions limits that are less than the reductions that effective on the date the new NSR permit is issued. In allowed the project to qualify for a CUD exclusion if this case, you are demonstrating that the control they are surplus, quantifiable, permanent, and technology meets current or present -day BACT. enforceable as a practical matter. Generally that means that you must receive a permit that sets the lower • What Other Requirements Must Be emission limits, and through compliance demonstration Met? requirements, makes the limits enforceable as a practical matter. Title V Permit Requirements Since most sources using the CUD are also Title V What If I Still Need More Help? sources, their permits will contain Title V Periodic The MPCA strongly encourages you to review the Monitoring (40 CFR pt. 70) and possibly additional published information on NSR regulations. The PSD Compliance Assurance Monitoring (CAM, 40 CFR pt. regulations are codified at 40 CFR § 52.21. You can 64) for the unit and control technology /control access the federal regulations on the internee at equipment. The source must comply with these http: / /www.epa.gov /does /epacfr40 /chapt- 1.info. monitoring requirements and all other Title V Permit Other NSR material is available from EPA at requirements. http: / /www.epa.gov /ttn/nsr/ and Replacing the emission unit or APCE http: / /www.epa.gov /air /nsr- review /. Additional You must get a new permit or amendment designating references that may be useful to you are listed below. the unit as a Clean Unit. If replacement is done without The MPCA also has an NSR Web site, located at first obtaining a new permit or amendment with a CUD http: / /www.pca.state.rnn.us /air /permits /n.sr /index.html. for the new unit/control technology, the CUD is lost. If you would like additional assistance or have questions, contact the MPCA Customer Assistance Center at (651) 297 -2274 or (800) 646 -6247 (within Minnesota only). MPCA's Web site: http: / /www.pca.state.mn.us • Facts about the Clean Unit Designation in New Source Review Page 4 r • 4 Minnesota Citizens' Guide to Part 70 Pollution Control Agency (Title V) Air Quality Permits Air Quality /General Information / #1.07 /October 2004 This Minnesota Pollution Control Agency Before November 1993, the MPCA (MPCA) fact sheet provides a basic typically issued only the permits that were ,a overview about air quality permits, needed to authorize construction under particularly a type of federal permit issued federal regulations. Facilities applied for by the MPCA called a "Part 70" or "Title V" operating permits, but with limited resources 11 „ Permit. It also outlines ways in which the MPCA focused on permits for facilities interested citizens can learn more about a increasing capacity or emissions — those specific permit and participate in the where some type of construction was taking perm process. place. Under Minnesota State rules, facilities could continue to operate as long as they had applied for their air permit — What is an air quality permit? even though the MPCA had not yet acted on A permit is a regulatory document issued to the application. a specific facility that contains legally A Part 70 or enforceable requirements. An air emission Title V Permit is permit spells out the process equipment What is a Part 70 permit? a federal air (type of equipment used by a facility in its Title V of the Clean Air Act Amendments of emissions day -to -day operations), air - pollution- control 1990 requires that all major stationary permit issued equipment, and rules or regulations that (nonmoving) sources of air pollutants obtain by states, such apply to a specific facility. a permit to operate. (A facility is "major” if as Minnesota, The air emission permit also includes it has emissions over certain thresholds.) delegated to monitoring requirements, based either on the Part 70 is the section in the Code of Federal implement the rules that apply to the facility or on the Regulations where Title V is detailed. "Title Clean Air Act. MPCA's decision that certain monitoring V Permit" and "Part 70 Permit" are used requirements are needed to demonstrate the interchangeably. facility's compliance with the permit limits. The purpose of Title V was to establish a Prior to the federal Clean Air Act consistent permitting program across the Amendments of 1990, many states had air country, to reduce violations of air - pollution permit programs, but they were all different. laws, and to improve the enforcement of It was possible that a facility that required a those laws. Prior to 1990, there was no permit in Minnesota may not have needed a federal requirement that existing sources of permit in a different state. Minnesota's air air pollution have operating permits. permitting program had emissions The purpose of a Part 70 Permit is to gather thresholds above which facilities were all applicable air - pollution requirements for required to obtain operating permits. In addition, various types of construction a major stationary source into one site activities (adding new equipment, expanding specific, legally enforceable permit. A Part the facility) required permits. 70 permit is valid for five years; then it must be renewed. aq1 - Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155 -4194 (651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864 This material can be made available in alternative formats for people with disabilities. Ca Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Minnesota Pollution Control Agency .,.. Air Quality /General Information / #1.07 /October 2004 ilk Does a facility receiving a Part 70 Permit EPA has a 45 -day period to review the permit. This will receive new requirements? usually take place concurrently with the public comment period, although there are circumstances under which the In general, the Part 70 Permit is meant to incorporate EPA's 45 days will commence after the public comment existing applicable state and federal requirements. It is not period is over. EPA is also responsible for reviewing, intended to create new requirements. However, the Part 70 approving, and overseeing Minnesota's entire permit Permit will often include monitoring requirements (testing, program. recordkeeping, etc.) that did not appear in previous permits and /or are not explicitly required under existing For permit conditions that are federally enforceable (i.e., regulations. not state -only requirements), EPA has appeal procedures These monitoring requirements are forms of "periodic that allow the facility or a citizen to outline objections to monitoring," a required part of the Clean Air Act's Title V those conditions. operating permits program. Periodic monitoring includes Part 70 Permitting Thresholds, Based on Potential to actions deemed necessary for the facility to demonstrate Emit, in Tons per Year (tpy) compliance with rules or permit conditions. Pollutant Threshold Can the state add requirements to the Part Volatile Organic Compounds (VOCs) 100 tpy 70 Permit? Carbon Monoxide (CO) 100 tpy Because the Part 70 Permit is issued under state rules, the Nitrogen Oxides (NOx) 100 tpy MPCA can use its general authority under Minnesota Statutes to develop and include additional state -only Sulfur Dioxide (S02) 100 tpy requirements that are necessary to protect human health Fine Particulate Matter (PM10) 100 tpy • and the environment or to prevent pollution. "State- only" means that only the MPCA has the authority to enforce Combined Hazardous Air Pollutants (HAPs) 25 tpy these state -only requirements; the U.S. Environmental Protection Agency (EPA) would not have any authority to Individual HAPs 10 tpy each enforce them or oversee any disputes about them. Lead 10 tpy What is a Part 70 threshold? What is the Public's role in Part 70 A facility needs a Part 70 Permit if its potential to emit air Permits? pollutants when it is operating at its maximum capac i s over specific emission thresholds. These thresholds are Individuals or organizations are notified that a draft permit not limits. Facilities with emissions over the Part 70 is available and invited to comment for 30 days. Citizens thresholds simply must have a Part 70 Permit. In addition may request public information meetings during the 30- to these federal thresholds, Minnesota has lower thresholds day public comment period. that require a state permit. The table on this page shows Written comments on draft permits are seriously what the Part 70 thresholds are. considered and some result in changes to the final permit. Comments are most helpful and likely to be incorporated What is EPA's role in Part 70 permits? into the decision - making process when they address The federal Part 70 regulations tell states what they need to specific items in the proposed permit or when they suggest specific additional permit requirements. Legally, the do to develop air permits that meet the requirements of MPCA can not consider comments outside the scope of the Title V of the 1990 Clean Air Act Amendments. In permit, including public concerns about land -use, zoning, Minnesota, the air permitting rules can be found in or environmental impacts unrelated to air emissions. Minnesota Rules Chapter 7007. These state rules meet the When an individual or organization requests a public federal requirements. Because the state rules are used to information meeting, one is usually held if the issues issue federal permits, EPA has the authority to review draft raised are pertinent to the permit. permits before they are issued. • Citizens' Guide to Part 70 (Title V) Air Quality Permits Page 2 612 Minnesota Pollution Control Agency Air Quality /General Information / #1.07 /October 2004 Unlike some other MPCA programs, there is no minimum Contested Case Hearing number of requests required to hold a meeting. During Interested persons may also request that the MPCA hold a such meetings, citizens can learn more about the permit, contested case hearing. A contested case hearing is the process and the pollutants covered in the draft or talk somewhat similar to a trial, except that it is before an to the staff about concerns or suggestions. If the public administrative law judge instead of a district court judge. information meeting is requested to discuss issues not Legal counsel usually represents the parties, although relevant to the draft permit, or if there has already been a parties may represent themselves; witnesses are sworn and previous public forum for citizens, the MPCA may choose cross - examined; evidentiary rules apply; briefs are filed. not to hold another meeting. The MPCA staff may instead A contested case hearing is much different from a public contact commentors to discuss whether concerns may be information meeting, where the purpose is for all parties to addressed more effectively outside of the Part-70 Permit listen and gain understanding of each other's positions. process. The purpose of a contested case hearing is to resolve If a public information meeting is held, staff will make disputed material facts that are both relevant to a MPCA every effort to respond to your concerns, either at the decision and within the MPCA's authority. The decision meeting or by getting back to you later. It is important to whether to hold a contested case hearing, if one is note that even though MPCA staff may discuss comments requested, will be made under Minn. R. 7000.1900. with you during a meeting or on the phone, your Requestors should indicate the specific change in the comments are not considered part of the public record permit they want or propose a resolution of the matter. unless they are submitted in writing. Comments must be The reasons why the requestor wants a change (which may submitted before 4:30 p.m. on the last day of the 30 -day be in the form of proposed findings) must be clearly stated public comment period, as specified in public notices. and relevant to the specific permit. Failure to comply with these rules exactly may result in a denial of the contested What other options do citizens or facilities case hearing request. ave to influence the final permit? EPA 45 -day review period If discussions with permitting staff and a public As previously mentioned, EPA has an additional 45 days information meeting do not resolve the concerns of to review the draft permit, and will typically do that during interested parties, other options for raising new facts or the public comment period. However, if comments are information are available to the public. received during the public comment period, after all comments have been addressed and public information MPCA Citizens' Board meetings and Board Meetings held (if applicable), the The MPCA is unique among state agencies in having a MPCA may need to submit the proposed permit to EPA, Citizens' Board (Board) that considers issues of high either with or without changes, for an additional 45 -day public interest or controversy. The Board is comprised of review period. If you still have concerns at this point, you citizens from all walks of life and all parts of the state. If may contact the EPA during their 45 -day review period. you would like the Board to consider the permit, submit To do that, send your comments to: your request through the staff member listed on the public notice or contact the Commissioner's Office directly. The Ms. Pamela Blakley, Chief Board may consider the permit if the Commissioner or a Air Permit Section (AR -18J) Board member asks to have the matter put on the agenda. U.S. Environmental Protection Agency Requests for Board involvement in a Part 70 Permit should 77 West Jackson Boulevard deal with specific concerns about the permit or new facts Chicago, IL 60604 that the requestor feels were not taken into account by the staff. For more information about the Board process, see http://www.pca.state.mn.us/about/board/1-00.pdf • Citizens' Guide to Part 70 (Title V) Air Quality Permits Page 3 Minnesota Pollution Control Agency Air Quality /General Information/ #1.07 /October 2004 • If you have additional questions about your options to action. To learn about enforcement actions, go to: influence the final permit, contact the MPCA staff person http: / /www.pca. state. mn .us /newscenter /enforcement.html listed in the public notice for the permit. A sample public notice, sent out to people on the interested parties list and The MPCA can also re -open a permit for grounds listed in published in a newspaper that serves the affected Minn. R. 7007.1600. Minn. R. 7007.1700 lists grounds community, is included on the next page. under which the agency may revoke an air emissions permit. In very rare circumstances, emergency powers If you are not satisfied with the final permit decision, you may be invoked by the agency under Minn. Stat. § 116.11. may request judicial review. [Minn. Stat. § 115.05, subd. 1 1] To make this request, follow the procedures in Minn. Further citizen action Stat. §§ 14.63 to 14.69. A petition must be filed with the Request that the MPCA Board Hear Your Concerns Court of Appeals and served on the MPCA no later than The MPCA Citizens' Board can decide whether to reopen, 30 days after the date the final decision and order are rescind, or reverse a decision of the Board or received by external parties. Commissioner. [Minn. Stat. § 116.02, subd. 6 (7)] You may ask that the Board hear your concerns. To ask the Can a citizen express concerns after the Board to hear your concerns, you must provide permit has been issued? information relevant to the action you wish taken by the You can express your concerns to the MPCA about any Board. Board contact information is available at facility at any time regardless of a facility's permit status: http: / /www.pca. state .mn.us /about/board /index.html Call the MPCA's Customer Assistance Center File a Civil Action The Customer Assistance Center can help you with Under Minnesota's Environmental Rights Act (Minn. Stat. questions about the permit status of a facility, its § 116B.10), a citizen can file a state civil action emissions, or environmental regulations the facility is challenging an environmental quality standard, limitation, subject to. Call (651) 297 -2274 or (800) 646 -6247. Copies rule, order, stipulation agreement, or permit promulgated of many air emission permits can be found at: or issued by the agency. The citizen has the burden of http: / /www.pca.state.mn.us /air /permits /issued/index.html proof to show material evidence that the environmental quality standard, limitation, rule, order, stipulation Make a Citizen Complaint agreement, or permit promulgated or issued by the agency You can report specific pollution incidents you observe or is inadequate to protect air resources in the state from experience by using the MPCA's on -line citizen complaint pollution, impairment, or destruction. form at: http: / /www.pca .state.mn.us /complaints.html A citizen may also bring a federal civil action under or by phoning the MPCA's Air Quality Complaint Line at section 304 of the federal Clean Air Act as amended in (651) 296 -7300. 1990. Request a Meeting with MPCA Staff Further questions? If you have concerns about a facility regulated by the For other questions, contact the MPCA's Customer MPCA, you may request a meeting with MPCA staff. Assistance Center at (651) 297 -2274 or Contact the Customer Assistance Center at (800) 646 -6247. For permit information, visit the (651) 297 -2274 or (800) 646 -6247 to make your request. MPCA's air permit Web page at State the nature of your concern and the specific topics http: / /www.pca. state .mn.us /air /permits /index.html you wish to discuss. Granting the request will depend on staff availability and whether your concerns are within the The Minnesota Department of Health's Environmental MPCA's authority. Health Division answers questions from the public regarding health risks from environmental health hazards. The next step Call (651) 215 -0699. If there appears to be a problem with a permit, the MPCA may decide to request additional information from the • facility or perform an inspection. Violations of Part 70 Permits may result in MPCA and /or EPA enforcement Citizens' Guide to Part 70 (Title V) Air Quality Permits Page 4 . Minnesota Pollution Control Agency ill .,.� Air Quality /General Information / #1.07 /October 2004 Find all MPCA Public Notices at http: / /www.pca. state .mn.us /news /datalindex.cfm ?PN =1 SAMPLE MINNESOTA POLLUTION CONTROL AGENCY PUBLIC NOTICE ON PROPOSED AIR EMISSION FACILITY PERMIT NOTICE IS HEREBY GIVEN, that the Commissioner of the Minnesota Pollution Control Agency (MPCA) proposed to issue Air Emission Permit No. xxxxxxxx -xxx to Blank Industries, Inc. for its proposed facility at 2525 Blank Street, Blankville, Blank County, Minnesota. The permit action is for construction and operation of the facility. The permit action is a part 70 Permit; therefore, the permit has been placed on public notice. Blank Industries will install and operate six 2000 - kilowatt diesel generators. Operation is limited by a fuel usage limit, to restrict emissions below the major source threshold in the federal New Source Review permit program. A summary of the Potential to Emit (PTE) in tons per year is as follows: Pollutant PM PM10 SO2 NOx CO VOC Pb All HAPs Total Facility 2.08 2.08 4.82 235 5.98 4.15 0 0.1056 PTE PM = particulate matter; SO2 = sulfur dioxide; VOCs = volatile organic compounds; HAPs = hazardous air pollutants; PM10 = PM smaller than 10 microns; NOx = nitrogen oxides; CO = carbon monoxide 41) The Permittee is not required to submit a pollution prevention progress report pursuant to Minn. Stat. § 115D.08. The preliminary determination to issue the air emission permit is tentative. There are four formal procedures for public participation in the MPCA's consideration of the permit application. Interested persons may (1) submit written comments on the proposed permit; (2) request that the MPCA hold a public information meeting; (3) request the MPCA hold a contested case hearing; and/or (4) submit a petition to the Commissioner requesting that the MPCA Board consider the permit matter. The decision whether to issue the permit and, if so, under what terms, will be presented to the MPCA Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the Board; (2) a MPCA Board member requests to hear the matter prior to the time the Commissioner makes a final decision on the permit; or (3) a request for a contested case hearing is pending. Otherwise, the Commissioner will make the decision. Persons who submit comments or petitions to the MPCA must state (1) their interest in the permit application or the draft permit; (2) the action they wish the MPCA to take, including specific references to the section of the draft permit they believe should be changed; and (3) the reasons supporting their position, stated with sufficient specificity as to allow the MPCA to investigate the merits of the position. As described in Minn. R. 7000.1800, persons who submit requests for a contested case hearing must also state the issues they propose to address in a contested case hearing, the specific relief requested or resolution of the matter, and the reasons (which may be in the form of proposed findings) supporting an MPCA decision to hold a contested case hearing. Failure to comply with these rules exactly may result in a denial of the request. The decision whether to hold a contested case hearing will be made under Minn. R. 7000.1900. Most public libraries throughout the state have copies of the current Minnesota Rules. They are also available on the Internet at http : / /www.revisor.leg.state.mn.us The public comment period commences July 12, 2002 and terminates August 12, 2002. Comments must be received in writing at the MPCA by 4:30 p.m. on August 12, 2002. Evidence of timely receipt includes a date /time stamp imprinted on the first page of the written comments by the first floor information and reception area of the MPCA or by the regional office support staff, or receipt by fax. • Comments, requests and petitions should be mailed to: (contact person, address, phone number, fax number, and way to obtain a draft of the entire permit). DATED.: Issue date Official signature: Engineering & Procurement At the end of September, detailed design work conducted by Black & Veatch was about 25 percent complete.A significant portion of this work was devoted to development of 1t4 technical specifications for the major long -lead equipment: selective catalytic reduction .,.•. equipment (SCR), air quality control system (AQCS), boiler and turbine. Notable among the procurement activities has been the competitive bidding process t to secure major components. Contracts awarded to date include: Air Quality Control System Selective Catalytic Reduction Riverside Repowering Alstom Environmental Services Mitsubishi Power Systems This project involves replacing Knoxville,TN Newport Beach, CA the two coal-fired units at Riverside with a natural gas Boiler Components Steam Turbine combined -cycle arrangement. Babcock &Wilcox Alstom Power To date, we have conducted Barberton, OH Richmond, VA some internal pre - planning discussions. In early 2005, we expect to assign project staff Construction and begin the planning process. Preliminary construction has begun on work not within the scope of air and water quality permits, including: Projected in- service date for this project is May 2009. • Clearing, grading, and filling of the AQCS equipment site, on -site lay down yard, construction access road, and parking areas. • Flood protection walls and berms are installed for spring runoff. Design and engineering work continues, with an emphasis on foundations and substructures. Projected in- service date for this project is May 2007. Have a question? Need information? High Bridge Combined Cycle Contact us! This project involves replacing the existing High Bridge facility with a natural gas combined- Direct your comments to cycle unit that includes two combustion turbines, corresponding heat recovery steam genera- Al Lohman, tors and a new steam turbine.The equipment will be installed in a new building located on Corporate Communications: the southwest corner of the existing site. Phone: (612) 215 -5336 Regulatory & Permitting E -mail: An initial draft outline has been prepared for al.lohman @xcelenergy.com the Environmental Quality Board site permit application. Detailed budget information was filed with the MPUC on October 1, 2004. We also have identified key issues for consideration in 9 the Site Permit Application, and met with MPCA g 3 ,a. to discuss permitting process and schedule. Engineering Xcel Energy Engineering to date has focused on a logistics study to determine the means for continuing coal yard operation during the construction and commissioning of the new facility. We also conducted a site development study to optimize the location and configuration of the new 800 Nicollet Mall facility, and refine the project cost estimate. Finally, we have begun to develop the combus Mi nneapolis, MN 55402 1- 800 - 328 -8226 tion turbine generator technical specifications. www.Xcelenergy.com Projected in- service date for this project is May 2008. © 2004 Xcel Energy Inc. Xcel Energy is a trademark of Xcel Energy Inc Northern Slates Power Company d/b /a Xcel Energy Joh openings at www.xcelenergy.com 04 -11 -001 >~,;r • MINNESOTA METRO EMISSIONS REDUCTION PROJECT FACT SHEET As part of our commitment to the environment and producing cleaner energy, we will be reducing ` 4 1 air emissions at three coal- powered generating plants in the Twin Cities metro area. Our Metro Emissions Reduction Project (MERP) will install state -of -the -art pollution control equipment at the Allen S. King plant in Oak Park Heights, and convert the High Bridge plant in St. Paul and the Riverside plant in Minneapolis from coal to natural gas.These improvements will significantly reduce air emissions from these facilities ' while increasing the amount of electricity they can produce. MERP reflects our commitment to provide . reliable energy to customers while reducing the environmental impact of generating that power. The package of improvements, valued at nearly $1 billion, will be completed over the next six years. The Minnesota Public Utilities Commission (MPUC) has approved the project and our proposal to collect, in rates, the cost of the projects. MERP legislation *� MERP stems from an emissions reduction bill passed during the 2001 Minnesota legislative session as '�' a result of work by legislative leaders, state agencies, the Izaak Walton League, Xcel Energy and others. " The legislation encourages utilities to make voluntary emissions reductions and provides a mechanism for electric utilities to recover the costs of qualifying voluntary emissions reduction projects through an increase on customer bills. Our energy experts thoroughly evaluated emissions reduction alternatives at ourTwin Cities plants to identify projects that provide significant environmental benefits at a reasonable cost to our customers. The projects that resulted from that evaluation are described below. ? , • King Plant Rehabilitation This project will add state -of -the -art pollution control equipment and ..,'' rehabilitate existing electric generation equipment to return King r R plant to its original design capacity. The new air quality control k , ` 11 , system includes selective catalytic reduction for nitrogen oxide (NOx) control, flue gas scrubbers for control of sulfur dioxide ' (S02) emissions, and fabric filters for control of particulate matter. The rehabilitation also includes steam turbine replacement, steam *°` "" �"* •. d generator repairs and modifications, circulating water system modifi -'`. cations, coal handling upgrades, auxiliary electric system upgrades, and other equipment rehabilitation to extend the life of the plant, mak- ing the emission control upgrades cost - effective.The existing stack will be reused. Sit ' Location: Oak Park Heights, Minn. Proposed fuel source: Coal Projected emissions reductions: 91% S0 89% NOx; 20% particulates; approximately 20% mercury Capacity improvement: 60- megawatt increase Project cost: $382 million (2001 dollar value) Project selection and timing: Permitting and equipment design activities began in 2003, with on -site construction activities beginning in 2004. Projected in- service date is May 2007. King plant has been a vital base load resource for its entire 30 -plus year history. Because its reliable operation is important to the stability of the regional transmission system, it has the highest priority of the Xcel Energy • three projects. High Bridge Combined Cycle This project involves replacing the existing High Bridge facility with a natural gas fired combined -cycle unit that includes two combustion turbines, corresponding heat recovery steam generators, and a new steam turbine to be installed in a new building located at the southwest corner of the existing site. The new facility will use the existing circulating water supply and return from the river. The existing plant structures, built in 1924, will be demolished along I with the 565- foot -high stack. Location: Downtown St. Paul Proposed fuel source: Natural gas Projected emissions reductions: 99% SO2; 97% NOx; 100% particulates; 100% mercury OVERALL Capacity improvement: 270 -280- megawatt increase Project cost: $395 million (2001 dollar value) ENVIRONMENTAL Project selection and timing: Permitting and equipment design will begin in 2004, with BENEFIT construction activities beginning in 2005.The projected in- service date is May 2008. These projects will reduce Because this proposal calls for an entirely new facility, the existing current annual air emissions High Bridge plant will continue to operate until the new units are by the following amounts: in service. Riverside Repowering SO2 NOx Particulates Mercury This project will replace the existing coal -fired Units 7 and 8 with KING Proposed = ++..3•` a natural gas combined -cycle arrangement with two combustion 91% 89% 20% 20% ,� turbines and corresponding heat recovery steam generators. Steam a produced in the heat recovery boilers will be used to drive the HIGH BRIDGE Proposed existing Unit 7 steam turbine. After the new turbines and steam 99% 97% 100% 1 .. x generators are constructed, Unit 7 will be taken out of service l yet }# RIVERSIDE Proposed to install new steam lines from the heat recovery boilers. Unit 8 100% 99% 100% 100 . 1 will continue to operate in its current fashion until the new units {qI are fully operational, after which it will be retired and demolished. Y P NOTE: Emission reduction values are based on a comparison of average Location: Northeast Minneapolis annual emissions for the past five Proposed fuel source: Natural gas years to the projected average Projected emissions reductions: 100% SO2; 99% NOx; 100% particulates; 100% mercury annual emissions for 2010-2020 Capacity improvement: 80- megawatt increase Project cost: $212 million (2001 dollar value) Project selection and timing: Permitting and equipment design will begin in 2005. Site preparation and construction activities begin in 2006, with a projected in- service date of May 2009. Although Riverside was built in 1911, the plant has been upgraded over the years and is in the best condition of the three candidate generating facilities, so it's the most cost - effective to make this the third project in the series. Rate impact The impacts on customer rates will be phased in over time starting in 2006. For a typical residential Xcel Energy customer, the total impact by 2010 would be an extra $3.50 per month, not including the costs that would otherwise be incurred for additional capacity additions required to meet our customers need for electricity.The cost increases from this proposal are projected to be well under the overall rate 800 Nicollet Mall of inflation over this time period. Minneapolis MN 55402 1- 800 - 328 -8226 www.xcelenergy.com © 2004 Xcel Energy Inc Xcel Energy is a trademark of Xcel Energy Inc. Northern States Power Company d /b /a Xcel Energy 04 -01 -008 s King Plant Air Permit Public Notice q ,, Xcel Energy —A.S. King Rehabilitation Project Draft Permit and Technical Support Document available for review at •'' www.pca.state.mn.us /news /data /index.cfm ?PN =1 (scroll down to "November 02, 2004 ") Air Quality Permit Or submit written request for hard copy (you will get the permit only, not the technical support document) Mnn, ote PO k Ion Contro A �l� King Plant Air Permit Public Notice ' `` King Plant Air Quality Permit Comments on the draft permit accepted Purpose of permit 4111 through 4:30 p.m. Wednesday 1 . Reissue expired Part 70 permit December 1, 2004. (operating permit required by Title V Toni Volkmeier of the Clean Air Act Amendments of MPCA / 1990) Industrial Division Air Permit Section 520 Lafayette Road North St. Paul, MN 55155 -4194 2. Allow plant modification (first phase of Fax: (651) 296 -8717 Metro Emission Reduction Project toni.volkmeier @pca.state.mn.us (MERP)) King Plant Air Quality Permit / King Plant Air Quality Permit , Reissuance of Part 70 permit Plant Modification = Rehabilitation Project • Part 70 permit (# New Source Review) • Main Boiler Rehabilitation —> increasing power output / power input • Includes all applicable air quality ru les and regulations •Adding Controls for S0 NO PM (main boiler) • In MN, operating permits and construction permits are • Reconfiguring coal combined 9 9 and to minimize dust Y • Replacing cooling towers and auxiliary boiler 1 • Rl? Emission Com arison [tons /vrl £. What's New Source Review INS p • Pre - construction program 30000 - • Requires additional control when building a Sao 25000 new facility, or making a "major modification' • Imposes Best Available Control Technology 20000 15000 ■ Before (BACT) Igo After 10000 5000 21so - 274 un ' 1637 f43;7 Po! YY OTi BB8.6 2 S�,P. S02 NOX PM PM10 H20O4 CO VOC King Plant Rehabilitation Project : . , King Plant Rehabilitation Project Projected emission decreases (tpy) More Projected emission decreases • S0 -> 23,880 (Ib /yr) • NO -> 10,367 •Lead - 54 Ib ♦ PM -> 611 •Mercury -> 2.1 Ib • PM -> 17 *Fluorides -> 0.06 Ib • H -> 333 . King Plant Rehabilitation Project King Plant Rehabilitation Project Projected emission increases (tpy) •Rehabilitation project is not subject to New Source Review *Carbon monoxide - > 68 (NSR threshold • Main Boiler will be a Clean Unit for sulfur dioxide, is 100 tpy) nitrogen oxides, and particulate matter *Volatile organic compounds -> 36 (NS More on Clean Units: threshold is 40 tpy) www.pca. state .mn.us /air /permits /nsr /nsr- cleanunit.html • 2 • : :' King Plant Rehabilitation Project King Plant Rehabilitation Project ercury What's a Clean Unit? • Xcel estimates that King released 72 pounds of mercury in •Controls are equivalent to BACT (best 2002* available control technology) • Mercury expected to decrease from King by 20% with retrofit from better PM controls • Future changes (10 years) will not be subject • Xcel must provide space for potential additional controls to NSR, provided current requirements and • Permit requires baseline assessment of fuel, ash, air after emission rates are met retrofit completed • Xcel has prepared a "mercury control study" 11/16/04 ii%eel, March 2004 Electric Generation Mercury Report, M. 5116.925 King Plant Rehabilitation Project Draft Permit and TSD: www.pca.state.mn.us /news /data /index.cfm ?PN =I (scroll down to "November 02, 2004 ") Comments: Due 4:30 p.m., December 1, 2004 Toni Volkmeier MPCA Industrial Division /Air Permit Section 520 Lafayette Road North St. Paul, MN 55155 -4194 Fax: (651)296 -8717 toni.volkmeier@pca.state.mn.us • 3 ° !/'P'. °- 3 ) e / o le // d G�e/'/� dr7 7/`et �G 1sf zip m 5 11 --,4/127e„..3-' 7— �- • Oak Park Heights • Request for Council Action Meeting Date: November 9th, 2004 Agenda Item Title: Xcel Energy MERP - Air Facilities Permit Time Required: 2 minutes Agenda Placement: New Business Originating Department /Re s r: E i Johnson Ci Administrator Requester's Signature - Action Requested: Consider and Se i Comments Background /Justification (Plea indicate any previous action, financial implications including budget information and recommendations). The MPCA has provided the City with a Public Notice on two related items: • 1. There is a public information meeting scheduled on the Xcel Energy MERP Project at the Stillwater City Hall on November 18th, 2004 6 -9 PM. No comments /action is needed on this issue. 2. The MPCA is taking public comment on the related AIR FACILITIES PERMIT necessary for the MERP Project. The City earlier this year provided comments to MPCA on a similar permit for minor modifications to the Plant. The City should secure the Draft Documents (should be "online ") and provide appropriate commentary on the status of the project, our local Conditional Use permits, required City building permits and other conditions that may apply. Comments are due by December 2, 2004. Authorize staff to review Draft Permits, prepare commentary for Council approval on November 23, 2004 • �T� r✓1 • Public Information Meeting Hosted by the Minnesota Pollution Control Agency Topic: Air and Water permits for the Xcel Energy Allen S. King Generating Plant Rehabilitation Project, part of Xcel Energy's Metro Emissions Reduction Project (MERP) The purpose of the meeting is to present the details of the permits and applicable regulations. Attendees may ask questions about the project, the permits, or the facility, and forms will be made available for those who wish to submit comments on the draft permits. Date: November 18, 2004 Time: 6:00 p.m. - Open house 7:00 p.m. - Presentations 8:00 p.m. - Informal discussion • Location: Stillwater City Hall, Council Chambers Stillwater City Hall is located at 216 North Fourth Street, in Stillwater. The Council Chambers is on the street level. That evening, attendees may park in the lower level lot, behind City Hall. The lot entrance is on the north side of the building. Street parking is also available. It is anticipated that the draft permits will be available beginning the first week in November. Notification of the availability of the draft permits will be mailed to all who received the notification for the public information meeting, and will also be available at http://www.pca.state.mn.us/news/data/index.cfm?PN=1. The draft permits will also be available at http://www.pca.state.mn.us/news/data/index.cfm?PN=1. MPCA Contact Person: Toni Volkmeier, (651)297 -7708 • MINNESOTA POLLUTION CONTROL AGENCY PUBLIC NOTICE ON DRAFT /PROPOSED AIR EMISSION FACILITY PERMIT NOTICE IS HEREBY GIVEN, that the Commissioner of the Minnesota Pollution Control Agency (MPCA) proposes to issue Air Emission Permit No. 16300005 -005 to Xcel Energy for their facility known as the Allen S. King Generating Plant, located at Highway 95 and Point Road, Oak Park Heights, Washington County, Minnesota. The permit action is for modification and operation of the facility. Since the permit action is a Part 70 operating permit renewal that authorizes modification of the facility, the draft permit has been placed on public notice. The MPCA has scheduled a public information meeting for Thursday, November 18, 2004, from 6:00 to 9:30 p.m. The meeting will be held in the Council Chambers of the Stillwater City Hall, located at 216 North Fourth Street in Stillwater. The draft /proposed nenit authorizes Xcel Energy to rehabilitate the King plant and install a selective catalytic reduction reactor to re u - mac ce NOX emissions; a spray dryer absorber to control SO emissions; and a fabric filter to remove particulate matter. After permit issuance and installation of these controls, the main boiler would be designated as a Clean Unit for NO S0 PM and PM The enhanced controls at the King Plant are a portion of Xcel's Metro Emissions Reduction Project (MERP). Xcel Energy's King Plant is a major stationary source under both Part 70 and the Prevention of Significant Deterioration (PSD) regulations. The following table displays the facility's Potential to Emit • (PTE) following the project as well as the change in emissions due to the plant's rehabilitation and the installation of control equipment (in tons per year): Pollutant PM PM SO NO VOCs CO Lead Total Facility PTE 522.1 813.3 3027 2701 166.8 439.8 0.57 (after rehabilitation) Net change in PTE -611.2 -17.3 -10367 -23880 35.8 68.4 0.11 PM = Particulate Matter PM = PM smaller than 10 microns SO = Sulfur Dioxide NO = Nitrogen Oxides VOCs = Volatile Organic Compounds CO = Carbon Monoxide The Permittee has submitted a pollution prevention progress report pursuant to Minn. Stat. § 115D.08. The preliminary detennination to issue the air emission permit is tentative. There are four formal procedures for public participation in the MPCA's consideration of the permit application. Interested persons may (1) submit written comments on the proposed permit; (2) request that the MPCA hold a public information meeting; (3) request the MPCA hold a contested case hearing; and /or (4) submit a petition to the Commissioner requesting that the MPCA Board consider the permit matter. The decision whether to issue the pennit and, if so, under what terms, will be presented to the MPCA Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the MPCA Board; (2) an MPCA Board member requests to hear the matter prior to the time the Commissioner makes a final decision on the permit; or (3) a request for a contested case hearing is pending. Otherwise, the Commissioner will make the decision. • Persons who submit comments or petitions to the MPCA must state (1) their interest in the permit application or the draft permit; (2) the action they wish the MPCA to take, including specific references to the section of the draft permit they believe should be changed; and (3) the reasons supporting their position, stated with sufficient specificity as to allow the MPCA to investigate the merits of the position. As described in Minn. R. 7000.1800, persons who submit requests for a contested case hearing must also state the issues they propose to address in a contested case hearing, the specific relief requested or resolution of the matter, and the reasons (which may be in the form of proposed findings) supporting an MPCA decision to hold a contested case hearing. Failure to comply with these rules exactly may result in a denial of the request. The decision whether to hold a contested case hearing will be made under Minn. R. 7000.1900. Most public libraries throughout the state have copies of the current Minnesota Rules. They are also available on the Internet at www.revisor.leg.state.mn.us. The public comment period commences November 2, 2004, and terminates December 1, 2004. Comments must be received in writing at the MPCA by 4:30 p.m. on December 1, 2004. Evidence of timely receipt includes a date /time stamp imprinted on the first page of the written comments by the first floor information and reception area of the MPCA or by the Industrial Division support staff, or receipt by fax or email. Comments, requests and petitions on the air permit should be sent to: Toni Volkmeier Air Quality Permits Section Industrial Division Minnesota Pollution Control Agency • 520 Lafayette Road North St. Paul, MN 55155 (651) 296 -8717 — Fax toni.volkmeier@pca.state.mn.us - email A copy of the draft/proposed permit will available on the MPCA's website at http: / /www.pca.state.mn.us /news /data/index.cfm ?PN =1, or will also be mailed to any interested person upon the MPCA's receipt of a written request. Additional materials relating to the facility and issuance of this permit are available for inspection by appointment at the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155, phone (651)296 -3263, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. All MPCA offices may be reached by calling 1 -800- 657 -3864. DATED: October 25, 2004 R -- 1r berg, r anager es, 2.91,77C 9 Air Quality Permits Section Industrial Division • al Minnesota Pollution Control Agency STATE OF MINNESOTA Minnesota Pollution Control Agency MAJORS AND REMEDIATION DIVISION PUBLIC NOTICE OF INTENT TO REISSUE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND STATE DISPOSAL SYSTEM (SDS) PERMIT MN0000825 November 2, 2004 December 1, 2004 October 17, 2000 October 31, 2005 Facility Name and Location Allen S. King Generating Plant Oak Park Heights, Minnesota Public Comment Peri od Begins: Public Comment Period Ends: Current Permit Issued: Current Permit Expiration Date: Name and Address of Permittee Northern States Power Company doing business as Xcel Energy Receiving Water: St. Croix River /Lake Description of Permitted Facility The facility is a single unit coal fired steam electric generating plant with a current maximum net generating capacity of 590 megawatts. The plant also supplies steam to the Andersen Windows Corporation plant in Bayport and the Minnesota Correctional Facility. Water used at the plant for condenser cooling is withdrawn from the river, and water for other plant uses is withdrawn from the river and wells. The wastewater treatment system at the plant consists of holding or sedimentation ponds (holdup pond) for the treatment of ash system overflows, coal yard runoff ponds, boiler and turbine room sumps, and cooling towers for cooling of the condenser cooling water. The plant discharges to the St. Croix River. The plant will be undertaking a rehabilitation project as a part of the Minnesota Metro Emissions Reduction Project (MERP) with the overall purpose to improve air quality in the Twin cities metropolitan area and beyond through modifications at three existing Xcel generating plants. The King plant will add state of the art air pollution control equipment and rehabilitate existing generation to return to its original design generating capacity. The rehabilitation project at the plant will result in the restoration of about 60 megawatts of generation capacity. With respect to water issues, the plant rehabilitation project will include replacement of the existing intake screening system to proactively comply with a new federal rule governing power plant intakes and fish impingement (316 b Rule), replacement of ten of the existing cooling tower cells with 18 new cooling tower cells, and replacement or refurbishing of cooling tower pumps to provide increased cooling tower flows through the towers. •• .. 1. • . m•••• .. mm•m•mmmmmmmm....._________ ' 41° . Preliminary Determination on the Draft Permit The MPCA Commissioner has made a preliminary determination to reissue this NPDES /SDS Permit for a term of approximately five years. A draft permit and fact sheet are available for review at the MPCA office at the St. Paul address listed below. A copy of the draft permit will be mailed to you if the MPCA receives your written or oral request. If you have questions about this draft permit or the Commissioner's preliminary determination, please contact Don Kriens at 651- 296 -7734 or by e-mail at don.kriens@pca.state.mn.us. Written Comments You may submit written comments on the conditions of the draft permit or on the Commissioner's preliminary determination. Written comments must include the following: 1. A statement of your interest in the permit application or the draft permit. 2. A statement of the action you wish the MPCA to take, including specific references to sections of the draft permit that you believe should be changed. 3. The reasons supporting your position, stated with sufficient specificity as to allow the Commissioner to investigate the merits of your position. Public Informational Meeting A public informational meeting will be held regarding this permit and a related air quality permit for the project on Thursday, November 18, 2004, from 6:00 p.m. to 9:30 p.m. at the Stillwater City Hall, Stillwater, Minnesota. Petition for Contested Case Hearing You also may submit a petition for a contested case hearing. A contested case hearing is a formal evidentiary hearing before an administrative law judge. In accordance with Minn. R. 7000.1900, the MPCA will grant a petition to hold a contested case hearing if it finds that: (1) there is a material issue of fact in dispute concerning the application or draft permit; (2) the MPCA has the jurisdiction to make a determination on the disputed material issue of fact; and (3) there is a reasonable basis underlying the disputed material issue of fact or facts such that the holding of the contested case hearing would allow the introduction of information that would aid the MPCA in resolving the disputed facts in making a final decision on the draft permit. A material issue of fact means a fact question, as distinguished from a policy question, whose resolution could have a direct bearing on a final MPCA decision. A petition for a contested case hearing must include the following information: 1. A statement of reasons or proposed findings supporting the MPCA decision to hold a contested case hearing according to the criteria in Minn. R. 7000.1900, as discussed above. 2. A statement of the issues proposed to be addressed by a contested case hearing and the specific relief requested or resolution of the matter. 2 , 0 In addition and to the extent known, a petition for a contested case hearing should also include the following information: 1. A proposed list of prospective witnesses to be called, including experts, with a brief description of proposed testimony or summary of evidence to be presented at a contested case hearing. 2. A proposed list of publications, references, or studies to be introduced and relied upon at a contested case hearing. 3. An estimate of time required for you to present the matter at a contested case hearing. MPCA Decision You may submit a petition to the Commissioner requesting that the MPCA Citizens' Board (Board) consider the permit issuance. To be considered timely, the petition must be received by the MPCA by 4:30 p.m. on the date the public comment period ends, identified on page 1 of this notice. Under the provisions of Minn. Stat. § 116.02, subd 6(4), the decision whether to issue the permit and, if so, under what teens will be presented to the Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the Board; (2) one or more Board members request to hear the matter before the time the Commissioner makes a final decision on the permit; or (3) a timely request for a contested case hearing is pending. You may participate in the activities of the Board as provided in Minn. R. 7000.0650. PLEASE NOTE: Presently, any request for the Board to decide permit issuance or permit terms • will automatically be granted by the Commissioner. Because of her prior employment with an NPDES Permit holder, the federal Clean Water Act requires the Commissioner to abstain from being the final decision -maker on NPDES Permits for a two -year period. Consequently, the Board will be the final decision -maker regarding NPDES Permits until January 6, 2005. The written comments, requests, and petitions submitted on or before the last day of the public comment period will be considered in the final decision on this permit. If the MPCA does not receive written comments, requests, or petitions during the public comment period, MPCA staff as authorized by the Board, will make the final decision on the draft permit. Comments, petitions, and /or requests must be submitted in writing on or before the end date of the public comment period identified on page 1 of this notice to don.kriens a pca.state.mn.us or: Don Kriens P.E. Principal Engineer Minnesota Pollution Control Agency Industrial Division 520 Lafayette Road North St. Paul, Minnesota 55155 -4194 • 3 i Minnesota Pollution Control Agency �. November 1, 2004 City Clerk City of Oak Park Heights 14168 Oak Park Blvd PO Box 2007 Oak Park Heights MN 55082 -3007 RE: Draft Reissued NPDES /SDS Permit No. MN0000825 Xcel Energy Allen S. King Generating Plant Dear City Clerk: THIS IS AN OFFICIAL REQUEST OF THE MINNESOTA POLLUTION CONTROL AGENCY THAT YOU POST THE ENCLOSED PUBLIC NOTICE IN ACCORDANCE WITH THE FOLLOWING: • The Minn. R. 7001.0100, subp. 5(C) requires that: "The Director shall circulate permit public notices in one or more of the following ways: (1) By posting the notice in the post office, public library, or other buildings used by the general public in the designated geographical areas; and/or (2) By posting the notice at or near the entrance of the applicant's premises, if located near the facility or activity that is the subject of the permit application." Accordingly, we submit the enclosed public notice for posting in the city, town, or village hall. We request that the notice be posted on the date referenced in the notice and that it remain posted for thirty (30) days. Any questions regarding this notice, please call the staff member listed within the notice. Sincerely, \j / j tirv i lL c Linda Grant Administrative Assistant Industrial Division Enclosure • 520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY); www.pca.state.mn.us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. • • v Minnesota Pollution Control Agency STATE OF MINNESOTA Minnesota Pollution Control Agency MAJORS AND REMEDIATION DIVISION PUBLIC NOTICE OF INTENT TO REISSUE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND STATE DISPOSAL SYSTEM (SDS) PERMIT MN0000825 Public Comment Period Begins: November 2, 2004 Public Comment Period Ends: December 1, 2004 Current Permit Issued: October 17, 2000 Current Permit Expiration Date: October 31, 2005 Name and Address of Permittee Facility Name and Location Northern States Power Company Allen S. King Generating Plant doing business as Xcel Energy Oak Park Heights, Minnesota Receiving Water: St. Croix River /Lake Description of Permitted Facility The facility is a single unit coal fired steam electric generating plant with a current maximum net generating capacity of 590 megawatts. The plant also supplies steam to the Andersen Windows Corporation plant in Bayport and the Minnesota Correctional Facility. Water used at the plant for condenser cooling is withdrawn from the river, and water for other plant uses is withdrawn from the river and wells. The wastewater treatment system at the plant consists of holding or sedimentation ponds (holdup pond) for the treatment of ash system overflows, coal yard runoff ponds, boiler and turbine room sumps, and cooling towers for cooling of the condenser cooling water. The plant discharges to the St. Croix River. The plant will be undertaking a rehabilitation project as a part of the Minnesota Metro Emissions Reduction Project (MERP) with the overall purpose to improve air quality in the Twin cities metropolitan area and beyond through modifications at three existing Xcel generating plants. The King plant will add state of the art air pollution control equipment and rehabilitate existing generation to return to its original design generating capacity. The rehabilitation project at the plant will result in the restoration of about 60 megawatts of generation capacity. With respect to water issues, the plant rehabilitation project will include replacement of the existing intake screening system to proactively comply • with a new federal rule governing power plant intakes and fish impingement (316 b Rule), replacement of ten of the existing cooling tower cells with 18 new cooling tower cells, and replacement or refurbishing of cooling tower pumps to provide increased cooling tower flows through the towers. • Preliminary Determination on the Draft Permit The MPCA Commissioner has made a preliminary determination to reissue this NPDES /SDS Permit for a term of approximately five years. A draft permit and fact sheet are available for review at the MPCA office at the St. Paul address listed below. A copy of the draft permit will be mailed to you if the MPCA receives your written or oral request. If you have questions about this draft permit or the Commissioner's preliminary determination, please contact Don Kriens at 651- 296 -7734 or by e -mail at don.kriens@pca.state.mn.us. Written Comments You may submit written comments on the conditions of the draft permit or on the Commissioner's preliminary determination. Written comments must include the following: 1.. A statement of your interest in the permit application or the draft permit. 2. A statement of the action you wish the MPCA to take, including specific references to sections of the draft permit that you believe should be changed. 3. The reasons supporting your position, stated with sufficient specificity as to allow the Commissioner to investigate the merits of your position. • Public Informational Meeting A public informational meeting will be held regarding this permit and a related air quality permit for the project on Thursday, November 18, 2004, from 6:00 p.m. to 9:30 p.m. at the Stillwater City Hall, Stillwater, Minnesota. Petition for Contested Case Hearing You also may submit a petition for a contested case hearing. A contested case hearing is a formal evidentiary hearing before an administrative law judge. In accordance with Minn. R. 7000.1900, the MPCA will grant a petition to hold a contested case hearing if it finds that: (1) there is a material issue of fact in dispute concerning the application or draft permit; (2) the MPCA has the jurisdiction to make a determination on the disputed material issue of fact; and (3) there is a reasonable basis underlying the disputed material issue of fact or facts such that the holding of the contested case hearing would allow the introduction of information that would aid the MPCA in resolving the disputed facts in making a final decision on the draft permit. A material issue of fact means a fact question, as distinguished from a policy question, whose resolution could have a direct bearing on a final MPCA decision. A petition for a contested case hearing must include the following information: 1. A statement of reasons or proposed findings supporting the MPCA decision to hold a contested case hearing according to the criteria in Minn. R. 7000.1900, as discussed above. 2. A statement of the issues proposed to be addressed by a contested case hearing and the • specific relief requested or resolution of the matter. 2 4 • In addition and to the extent known, a petition for a contested case the following information: hearing should also include 1. A proposed list of prospective witnesses to be called, including experts, with a brief description of proposed testimony or summary of evidence to be presented at a contested case hearing. 2. A proposed list of publications, references, or studies to be introduced and relied upon at a contested case hearing. 3. An estimate of time required for you to present the matter at a contested case hearing. MPCA Decision You may submit a petition to the Commissioner requesting that the MPCA Citizens' Board (Board) consider the permit issuance. To be considered timely, the petition must be received by the MPCA by 4:30 p.m. on the date the public comment period ends, identified on page 1 of this notice. Under the provisions of Minn. Stat. § 116.02, subd 6(4), the decision whether to issue the permit and, if so, under what terms will be presented to the Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the Board; (2) one or more Board members request to hear the matter before the time the Commissioner makes a final decision on the permit; or (3) a timely request for a contested case hearing is pending. You may participate in the activities of the Board as provided in Minn. R. 7000.0650. PLEASE NOTE: Presently, any request for the Board to decide permit issuance or permit terms • will automatically be granted by the Commissioner. Because of her prior employment with an NPDES Permit holder, the federal Clean Water Act requires the Commissioner to abstain from being the final decision -maker on NPDES Permits for a two -year period. Consequently, the Board will be the final decision -maker regarding NPDES Permits until January 6, 2005. The written comments, requests, and petitions submitted on or before the last day of the public comment period will be considered in the final decision on this permit. If the MPCA does not receive written comments, requests, or petitions during the public comment period, MPCA staff as authorized by the Board, will make the final decision on the draft permit. Comments, petitions, and /or requests must be submitted in writing on or before the end date of the public comment period identified on page 1 of this notice to don.kriens(a,pca.state.mn.us or: Don Kriens P.E. Principal Engineer Minnesota Pollution Control Agency Industrial Division 520 Lafayette Road North St. Paul, Minnesota 55155 -4194 1 3 City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 October 20, 2004 Ms. Toni Volkmeier Air Quality Permit Section Industrial Division Minnesota Pollution Control Agency 520 Lafayette North St. Paul, MN 55155 RE: Xcel MERP - Public Information Meeting Ms. Volkmeier, This City is in receipt of your Public Meeting Notice for the anticipated Xcel Metropolitan Emission Reduction Project. We have the following concerns: 1) We notice on the document that the meeting is to be held in the City of Stillwater at the Stillwater City Hall and not in the City where the Xcel Plant sits - Oak Park Heights. As I am aware, our City was not contacted to request if our City Hall could accommodate such meeting or a facility within our borders. It is Oak Park Heights residents that will significantly impacted by this Project. We ask that a policy should be considered that requires the hearing/meeting to be located within the City that the facility in question sits - or at least that an attempt is made. Mr. Mike Tibbets will recall that the Air Facilities Permit issued earlier this year was in error - stating that the Plant was in the City of Bayport. This City does question why the MPCA is having some difficulty recalling the location of one of the largest baseline power facilities in the state and again, why such public meeting is not held within our community? We also request that a second Public Information Meeting be scheduled in the City where the plant is located - again Oak Park Heights. We will gladly make our City Hall available for such use. This meeting could be considered as in addition to the currently scheduled meeting so it does not impact timelines for the MPCA or for Xcel Energy. 2) As of this date, Xcel Energy has not applied for and has not received any building permits from the City of Oak Park Heights for any portion of the MERP. Until such time that those permits are applied for, evaluated and signed off on by the • City, th Pe En Energy may not proceed with any cons e pel evaluate and provide our co ons will be forthcoming fiction. It is our City ill Y m ent m near future. The City will understanding • comments and/or permits. Lastly, we ask that the MPCA please ex position that prior to the issuance ACA general policies to better i first re that a mince of an reflect boil applicant provide the copies of that the s approved will building Permit or documentation MPCA copies of the ci ' builds umeIItation that a building permit or other p s its a ed may, versus being a contingent approval. Permits are not This policy revision will ensure that the community. As it cturentl MPCA remains engaged with the local co nth those (city) a y appears, the MPCA does not effectively coordina particular project may impact the most. te its Ple. - •-t , - know o Y have any further questions. incur: Eric Jo ail on City • i! inistrator Cc: City Council Members Mr. Jim L. Warner, MPCA 6 Mr. Mike Tibbets, MPCA Mr. Darrell Knutson, Xcel Energy 1110 • • k • • . g "' a S h ?�"f' ." x 'nz - t t ae an^,. ,r ,^ ° � ` p ,�a s z•• s , .e?,,,W "s ' , • v . S4e , • • e 4, Jai '� 8 : i ''; - g > uct ✓.,s. ?" ,. '� z t s ' ± 9' ^r' �S�' k' 3, • .u i. V il iV70, „1 , .� , : ""` ° - .., `4 m >i :. ,ate -z . -a rr.$ s .,, r z�5k�'�t fi n, : •'� ,',,,,,„4,0- y3 l' .. <, �<. " i zriV4 �'.ake... - c , :;' :`';} sA ;y ;.f.,„?.^_ :.e 5 d ?.; k M.:,w �a- ..�.sz:,a's.,,..,.; .a, s. �° . ,s d ' " .. d�,•- i g... City of Oak Park Heigh 14168 Oak Park Blvd. Box 2007 Oak Park Heights, MN 55082 Phone (651) 439 -4439 Facsimile (651) 439 -0574 facsimile tt ansmittal 7 7 ,), _ 7 ? 77 To: 6,5—A0 et Fax: From: Date: T y Re: Pages: V • CC: ❑ Urgent r Review ❑ Please Comment ❑ Please Reply 0 Please Recycle Notes: , • • 7 '76h 7/77 RESOLUTION NO. 04 - 07 -39 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT RESOLUTION OF THE CITY COUNCIL THAT TH HAND REQUEST BY XCEL ENERGY FOR A CONDITIONAL E FOR I MPROVEMENTS IN THE RIVER IMPACT USE PERMIT A CONDITIONAL USE PE T DISTRICT, GRADING, AND VA�ANC,MIT FOR LAND RECLAMATION AND AND IMPERVIOUS SURFACE COVE EIGHT RE RAGE REQUIREMENTS FOR THE ALLEN 5. KING GENERATION PLANT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request Energy for a conditional use permit for improvements in the River use permit for land reclamation and q from Xcel • grading, and variances from height requirements and impervious surface coverage requirements for the Allen S. King G having conducted a public hearing relative thereto, the Planning C Heights recommended that the application be approved g eneration Plant; and after City Heights Oak c park Heights that the the l f be findings pro d g conditions. The City Oak u ncle Pp with conditions. The City Council of the of fact and resolution: 1. The real property affected by said application is legally descri follows, to wit: bed as and SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject site is zoned I, Industrial District in which ower permitted use. The King plant is in a River Impact District which re permit for construction activities, a conditional use permit is also p plants are a added to install flood v and ood control devices, a nd a variance from the Zoning requires f or n Ordinance conditional use Bluff and n taln Ordinance e for building required for the fill that is be and St. Croi x requirements; and mg height and impervious surface coverage 4. City staff prepared a plannin re request; and g port dated July 9, 2004 reviewing the 5. Said report recommended approval of the two conditional use permits and variances for building height, subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their July 15, 2004 meeting, took comments from the applicants and public, closed the public hearing, recommended that the application be approved subject to the fulfillment of conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES OYES THE A. The application submitted by Xcel Energy for a conditional use ermit for improvements in the River Impact District, a conditional use permit for land reclamation and P and variances from height requirements and impervious surface coverage allowances fg, the Allen S. King Generation Plant and affecting the real ro for p p e es rty as follows: SEE ATTACHMENT A • Be and the same as hereby approved by the City Council of the City the following findings related to the request for the building height and impervious y of Oak Park Heights subject coverage variances: p rvious surface 1. A power generation plant is a unique structure in the City of Oak Park Heights with specific requirements for construction and operation. The design of the structure the building and structure proper functioning o c f t h e ure heights requested for the plant. g the 2. The plant stack and portions of the existing structure are constructed at heights that exceed the new structural elements proposed. The new structures will in no way exceed exists today. y eed 3. The power generation plant provides a public service as to providing clean, energy for the region. The purposes of the plant improvements are s and state of the art pollution control devices and extend the life of the plant. to provide 4. The slight increase in impervious surface coverage will not negative drainage patterns or water quality of stormwater runoff from the site. ly impact the Further, the City Council of the City of Oak Park Heights approves the conditional • and variances for the Allen S. King Generation Plant with the following conditions: use permits conditions: 2 0 1 • Xcel shall work with the Andersen Corporation, progresses to analyze any traffic concerns for Higway9OT, and the City as the work 2. Xcel shall construct at least 300 parking stalls to accommodate the project. construction personnel for 3 . All lighting at the construction site and temporary parking lots shall with the Zoning Ordinance. 1 be in compliance 4. The tree removal and replacement shall be subject to review and a Arborist. No additional landscaping is required for the project. approval of the City 5. The City will not require conformance with the Design Guidelines for t 6. The plans for the project must be submitted to and the project. Engineers, Minnesota Pollution Control Agency, Department of Natu allResou a of others that may apply sourcceses, , and 7. Xcel anticipates that the boiler and turbine will not be considered exe under MN Statutes 272.02 or as amended. mpt for tax u P rposes 8 . The City of Oak Park Heights reserves its right to collect • and all improvements implemented on this site as allowed by law. and/or fees f n any reserves its right to collect tax revenues and/or fees that occur or would City f otherwise recalculated on this project resulting from any statutory amendments urther changes. a be ry mendments or legislative Approved by the City Council of the City of Oak P. eights this 27th , • . July 2004. `� Davi. Beau ;I", Mayor AT fit ,I E r c A. Jo • • n, City Administrator • 3 t� Xcel Energy • — 414 Nicollet Mall RA Minneapolis, Minnesota 55401 -1993 --� PUBLIC DOCUMENT TRADE SECRET DATA EXCISED July 30, 2004 Burl W. Haar Executive Secretary Minnesota Public Utilities Commission Suite 350 121 Seventh Place East St. Paul, MN 55101 RE: DRAFT SUBMISSION KING BUDGET INFORMATION DocKET No. E002/M-02-633 Dear Dr. Haar: • Attached for review is a draft submission of the King plant budget information required byPoint 5 of the Settlement Agreement approved in the Emissions Reduction Proposal proceeding (Docket No. E002/M-02-633). Northern States Power Company d/b /a Xcel Energy ( "Xcel Energy," "Company") submits this draft to build on our February 10, 2004 submission containing the preliminary budget. This draft budget (Attachments 1 and 2) differs from the February 10, 2004 submission only in that it allocates the remaining $6 million in contingency dollars to cost categories. We had required additional engineering work before we could fully allocate the contingency dollars; we are now able to do so. After filing that initial budget, we met with a number of signatories to the Settlement Agreement. Based on their feedback, we agreed to expand the subsequent final budget filing to include written descriptions of the various cost categories. Parties believed that these descriptions would be useful to advance understanding of our budget and to facilitate future audits and prudence reviews. Accordingly, we have included Attachment 3, which contains descriptions of the line items in the draft budget. • 'ttin this bud et and description information in draft f or to allow for I am submi f ollow up cons with the parties. This approach should e ure irk the information envisioned by the parties review. provided th i for their to arrange another meeting to accomplish this effort. Further, b y making this draft filing now and providing it to the service list, we can ensure that other interested participants also have this information and can contact us with questions or comments, as needed, prior to additional feedback, Once we have the benefit of k, we will make the formal submission of the King budget information. Pursuant to Point C oe nSettlement e Agreement, parties would then have the opportunity to submit formal submission. Finally, as a point of clarification, I note that the purpose of o budgeetfiling f to provide a detailed budget prior to implementation fore each plant component of the Settlement Agreement establishes the Emissions Reduction Proposal and requires the subsequent filing o $t ta deiled budgets that would total to these target costs. The purpose of this provision was to guide the eventual audits and prudence review of actual, incurred costs; it was not to update the budget for more incentive r t�tu r n on equity costs establish the base for the application • established in Point 8 of the Settlement Agreement. As a result, the total King plant cost reflected in this draft budget filing is set at the agreed -upon Settlement level. The This filing contains information the Company considers to be trade secret. could detailed budget costs are closely guarded data that project bidders generally not obtain by proper means, and the public disclosure or use of the data would allow bidders to gain economic advantage in formulating their bids. I appreciate the interest in this filing and the feedback received to date. We look forward to continued discussion among the parties. C - -- .Sincerely, it-31)Y M. P .FERL 1 ` `�"I O ° REGULA A DMINISTRATION • Attachments c. Service List CERTIFICATE OF SERVICE • I, Brigitte Johnson, hereby certify that I have this day served copies of the foregoing document on the attached list of persons by delivery by hand or by causing to be placed in the U.S. mail at Minneapolis, Minnesota. DOCKET No. E002 /M -02 -633 Dated this 30 day of July 2004. • • IN THE MA "1 1'r.R OF XCEL ENERGY PROPOSAL UNDER THE EMISSION REDUCTION RIDER •OCKET No. E002 /M -02 -633 (7- 21 -04) Burl W. Haar (0 +15) Sharon Ferguson (4) Executive Secretary Docket Coordinator Minnesota Public Utilities Commission Minnesota Department of Commerce 121 East Seventh Place, Suite 350 85 7th Place East, Suite 500 St. Paul, MN 55101 -2147 St. Paul, MN 55101 -2198 Julia Anderson Curt Nelson MN Office of The Attorney General OAG - RUD 1400 NCL Tower 900 NCL Tower 445 Minnesota St 445 Minnesota Street St Paul, MN 55101 -2131 St. Paul, MN 55101 -2127 Thomas Erik Bailey David Benson Briggs and Morgan Rural MN Energy Task Force 2200 IDS Center 2401 Broadway Avenue, Suite 1 • 80 South Eighth St Slayton MN 56172 Minneapolis, MN 55402 William A. Blazar Laura Bordelon Minnesota Chamber of Commerce Minnesota Chamber of Commerce 400 Robert St N., Ste 1500 400 Robert St N., Ste 1500 St. Paul, MN 55101 St. Paul, MN 55101 Bill A. Buth Chris Coleman BOMA St Paul City of St Paul W2950 First National Bank Building City Hall 332 Minnesota St Suite 310B St Paul, MN 55101 -1379 St Paul, MN 55102 -1615 Norm Coleman Corey Conover United States Senate Assistant City Attorney 2550 University Avenue W, Suite 100N City of Minneapolis St Paul, MN 55114 -1098 300 Metropolitan Centre • 333 South Seventh St Minneapolis, MN 55402 -2453 Sheryl Corrigan George Crocker fib Commissioner North American Water Office Pollution Control Agency P.O. Box 174 520 Lafayette Road North Lake Elmo, MN 55042 St Paul, MN 55155 -4194 Elizabeth Dicksinson Marie M. Doyle Clean Energy Now Tariffs Administrator 326 Hennepin Avenue East CenterPoint Energy, Minnegasco Minneapolis, MN 55414 800 LaSalle Avenue, FL 11 PO Box 59038 Minneapolis, MN 55459 -0038 Justin Eibenholzl Justin Eibenholzl Clean Energy Now Environmental Coordinator 326 Hennepin Avenue East Southeast Minneapolis Neighborhoods Minneapolis, MN 55414 Southeast Como Improvement Assoc. 837 SE 15th Avenue Minneapolis, MN 55413 Steve Faust Leah Foushee Lead Organizer North American Water Office Ali West Side Citizens Organization PO Box 174 NW 127 W. Winifred Street Lake Elmo, MN 55042 St Paul, MN 55107 Elizabeth Goodpaster William Grant, Director Minnesota Center for Environmental Advocacy Izaak Walton League, Midwest Office 26 E. Exchange St., Suite 206 1619 Dayton Avenue, Suite 202 St Paul, MN 55101 St Paul, MN 55104 -6206 Peter H. Grills Frances Guminga O'Neill, Grills & O'Neill, P.L.L.P. President W1750 First National Bank Building Bottineau Citizens in Action 332 Minnesota St 2406 Third Street NE St Paul, MN 55101 Minneapolis, MN 55418 Stacie M. Hebert Annette Henkel Otter Tail Power Company Minnesota Utility Investors 215 South Cascade Street 405 Sibley St., #227 PO Box 496 St Paul, MN 55101 • Fergus Falls, MN 56538 -0496 Clarence Hightower Sandra Hofstetter *Minneapolis Urban League 10157 Ivywood Court 2100 Plymouth Avenue North Eden Prairie, MN 55347 Minneapolis, MN 55411 Judy Holst John Hynes Oak Park Heights MN Strategic & Long Range Planning 14168 Oak Park Blvd. N. 300 Centennial Office Bldg. PO Box 2007 658 Cedar Street Oak Park Heights, MN 55082 -2007 St Paul, MN 55155 Erin Jordahl- Recllin Nancy M. Kelly, P.E. Energy Campaign Coordinator Mechanical Engr /Industrial Hyg. Clean Water Action Affiance of MN Golder Associates Inc. 308 East Hennepin Avenue 1751 West County Rd B, Suite 220 Minneapolis, MN 55414 Roseville, MN 55113 Randy Kouri Amy Luesebrink President Clean Energy Now NI Mississippi Corridor Neighborhood Coalition 326 Hennepin Avenue East 1822 Marshall Street NE Minneapolis, MN 55414 Minneapolis, MN 55418 Paula Maccabee Peter R. Marker Project Coordinator Assistant Attorney General Sierra Club MN Air Toxics Campaign Office of the Attorney General — RUD 1961 Selby Avenue 900 NCL Tower St Paul, MN 55104 445 Minnesota Street St Paul, MN 55101 -2127 T.A. Micheletti Michael Noble J.A. Jorgensen Minnesotans for an Energy Efficient Economy 519 Ferndale Rd. N. 46 East Fourth St, Suite 600 Wayzata, MN 55391 St Paul, MN 55101 -1109 Gerald Wm Orr Bethany Owen American Lung Association of Minnesota Minnesota Power 490 Concordia Avenue 30 West Superior Street St Paul, MN 55103 -2441 Duluth, MN 55802 • Michael Ebtichelle Rosier Sarafolean and Associates L.L.C. Sierra Club 13499 Hillary Path 2327 E. Franklin Ave., Suite 1 Hastings, MN 55033 Minneapolis, MN 55406 Lola Schoenrich Richard J. Savelkoul The Minnesota Project O'Neill, Grills & O'Neill, P.L.L.P. 1885 University Ave W, Suite 315 W1750 First National Bank Building St Paul, MN 55104 332 Minnesota Street St. Paul, MN 55101 Eugene Schottmuller Ann M. Seha Sierra Club Assistant Commissioner 4477 McMenency Street Minnesota Pollution Control Agency Vadnais Heights, MN 55127 520 Lafayette Road North St Paul, MN 55155 -4194 Myer Shark Andrea Specht Attorney WSCO ak 3630 Phillips Parkway, Suite 221 870 Stryker Avenue St Louis Park, MN 55426 -3777 St. Paul, MN 55107 James M. Strommen Michael Sullivan Kennedy and Graven Executive Director 470 Pillsbury Center Environmental Quality Board 200 South Sixth Street 300 Centennial Office Building Minneapolis, MN 55402 658 Cedar St St Paul, MN 55155 David Thornton Lyann Yates MN Pollution Control Agency Minnesota Asthma Coalition 520 Lafayette Road American Lung Association of MN St Paul, MN 55101 490 Concordia Avenue St Paul, MN 55103 -2441 Annie Young Christopher Clark Operations & Environment Committee Asst. General Counsel 3800 Bryant Avenue South Xcel Energy Minneapolis, MN 55409 -1000 800 Nicollet Mall, Suite 2900 Minneapolis, MN 55402 -2023 Judy Poferl SaGonna Thompson 1110Xcel Energy Xcel Energy 414 Nicollet Mall 414 Nicollet Mall, 5th Floor Minneapolis, MN 55401 -1993 Minneapolis, MN 55401 -1993 • • ATTACHMENT 1 PUBLIC DOCUMENT – AS King Rehabilitation Project TRADE SECRET DATA EXCISED Estimate by Cost Category • x++' w ag ,.! ' ms s "� _ ��� � �. l'� a �"- rf� �'' ? ° � U' � 4 t�f . 4���e�a ➢n °�l� , o p:"�°r _'__ tF 5�+� c`r' c t tt�` � , ,, �; � `' f � � — $51,601,000 Boiler Rehabilitation [Trade Secret Begins $36,014,000 Steam Turbine Replacement 1 $4,071,000 Exciter Replacement $74,301,000 Selective Catalytic Reduction (SCR) $50,617,000 ` Air Quality Control System (AQCS) $6,798,000 Bulk Material Handling $30,254,000 Balanced Draft Modifications $9,254,000 Distributed Control System (DCS) Upgrades $26,345,000 Heat Rejection System Modifications $23,824,000 •Balance of Plant Modifications $10,970,000 Electrical Upgrades $8,613,000 • Xcel Project Management $16,931,000 Owners Engineer (B &V) $8,451,000 Construction Management (UEC) $5,720,000 Site Services (Xcel) $6,706,000 Other / Xcel Resources $3,226,000 Startup /Commissioning $7,864,000 Corporate Overheads $0 Currently Unassigned Contingency $381,560,000 Rate Rider Recovery Target • $670,000 Demolition $10,000,000 AFUDC Trade $392,230,000 Project Total Secret Ends) • - ATTACHMENT 2 PUBLIC DOCUMENT — AS King Rehabilitation P roject TRADE SECRET DATA EXCISED Sub -Cost Category Estimates ('q!g ' �i � r�, - "A@F �'-� �� x. • x.0; L ''��4 ��4�_, -. _ •i'!✓; -„ Construction Management Services (UEC) [Trade Secret Begins Site Preparation Design Contractor Oversight / Labor Relations Administrative Services Document Control Services Project Control Services • Procurement Services Services Startup & Commissioning Site Services (Xcel) Site Preparation Construction Site Services Inspection / Testing / Surveying Other / Xcel Resources Permitting Xcel AS King Plant Resources Xcel Subject Matter Experts • Startup 1 Commissioning /Testing Procedures / Tumover / Startup Corporate Overheads A &G Insurance & Taxes Other Demolition AFUDC Trade Total Cost Estimate Trade Ends] • ATTACHMENT 2 PUBLIC DOCUMENT - AS King Rehabilitation Project TRADE SECRET DATA EXCISED Sub -Cost Category Estimates • nIPS Distributed Control Sy stem (DCS) Upgrades [Trade Secret Begins DCS System Purchase DCS System Installation Control Stations LCs / Programming) GEMS Upgrades Control Room Upg Heat Rejection System M Modifications Cooling Tower Upg Canal Modifications Ciro Water System Modifications Balance of Plant Modifications Coal Handling Cold Reheat Piping Auxiliary. Boiler Auxiliary Cooling Water System Boiler Feedwater System • Condensate System Fire Protection Upgrades BOP Mechanical Equipment Electrical Upgrades Electrical Upgrades Electrical Power Distribution ID Fan Motors Generator Outlet Relocation Xcei Project Management Management & Administrative Engineering Management Procurement Services Trade Owner's Engineer (B &N) Secret Ends) Owner's Engineer • ATTACHMENT 2 • PUBLIC DOCUMENT — AS King Rehabilitation Project TRADE SECRET DATA EXCISED Sub -Cost Category Estimates �2u.`� s. rt.? - ku fx � ,a„ '� T�jel`3 � ° k�.r"" t �t�n��.���� +� s n` '.� — � `✓ �, �.5. �.� ...�.e`..- 6 �i��Fr� y � �, �_, �•x? t r ^af`dt6SP r�C Ys�. * „ yt .,; r.''� 4 t . . � —...- r A,ryrA Boiler Rehabilitation (Trade Secret Begins Boiler Purchase Boiler Installation Steam Turbine Replacement • Steam Turbine Purchase Steam Turbine Installation Exciter Replacement Brushless Exciter • Selective Catalytic Reduction (SCR) SCR System Ammonia System • Earthwork / Concrete /Reinforcing / Formwork Steel / Ductwork / Expansion Joint • Insulation & Lagging Air Quality Control System (AQCS) Fabric Filter & Spray Dryer Absorber • Earthwork / Concrete / Reinforcing / Formwork Steel / Ductwork / Expansion Joint Insulation & Lagging 'Bulk Material Handling . Pneumatic Conveyors PJFF to Ash Silo • New Fly Ash and By- Product Silo Pneumatic System Lime Silo to Day Bin New Lime Receiving Silo Existing Ash / Lime / Limestone Handling Modifications • Balanced Draft Modifications Fans (ID) Earthwork 1 Concrete /Reinforcing / Formwork Electrostatic Precipitators / Ductwork Upgrade Existing Gas path Trade Insulation &Lagging Secret Ends] Attachment 3 KING PLANT REHABILITATION PROJECT 9 DETAILED BUDGET DESCRIPTIONS ' scions at the King Plant and sequentially project focuses on reducing emissions for additional life at a cap b �e�ar This P the existing plant equipment b achieved y refurbishing desi rating. Emissions reductions will of a selective to the original A CS equipment consisting a spray dryer � uality control system (AQCS) emissions of q reactor for control of NOX ati emissions; (FG spray d ry for absorb b e reduction (SCR) flue gas desulfuri� for C ontrol e based semidry � (PJF� absorber (SDA) lisp - d a ulse-jet cleaned fabric filter control of ate emissions; and P the boiler, turbine, and other b hem u ° life co to extend as necessary of particulate matter e addition, systems will be repaired or replace A CS equipm nt. Pla Y operation of the ne Q and support the oP the scope of work described accordance with p fabrication The plant which is modified to desi , ma nufacturing , which is assumed to include all manufacturfor the reliable and efficient below, commissioning necessary s ta t e, and federal delivery, installation' and comrnt eliabl applicable local, plant in accordance with all PP many s pecifics e the operation an or the p While this document outlines ° f the 5 project, he codes and reg °ns' magnitude, and complexity • given the scope, arid accessories required for a project, it is not, gi and complete listing of all appurtenances complete installation• for (boiler) is a supercritical, constant pressure, Boiler Rehabilitation enera (b ("B&W") and put into The existing steam g Wilcox ed by Babcock & the life of the boiler, e cyclone -fired unit design Y replacement of the erasion in 1968. In addition to extending op project includes: p onion of system; replacement of the studded portion and re- work included in the rehabilitation p l � tie bur the to furnace lower f floor and sid installation o f new cyclone Balanced Draft ace sidewa]ls; be required by the lower hn s tiffening as may q installation of a entrant throats; air dampers; installation of new secondary or superheat s o the and Dismantling rear may erne potential addition of reheat and/or steam temperatur P to control as may be necessary will necessitate replacement of the existing lower portions nak and handling system. bottom ash sl g Steam Turbine Replacement installed when The existing steam turbine is the unit that steam turbine and the existing the plant was constructed. The existing exciteand will be r have reached the end of the respective useful v team Turbine replaced. The existing generator will be re-used. ntermediate Pressure replacement scope includes entirely new ndations modifications as Pressure, and Low Pressure sections; fou necessa ry to receive the new machine; new steam chest, vc 11 control p P system, as and Electro- Hydraulic Control modifications as required to connect the new replacements, additions, turbine to the existing High Pressure steam system. Exciter Replacement The exciter is an essential device, which provides electric l current pl to the rotating element of the generator. The existing exciter is P ) e q ui ment, and both the equipment and the technology are obsolete. The new exciter will be a current state -of- -art (brus Selective Catalytic Reduction (SCR) The flue gas s leaving the economizer section of the steam geneiatoNOx be directed to a new SCR reactor for the purpose vessel, u NO • emissions. The SCR reactor includes as ma be required), structure (including foundations and /or pig The SCR sys walkways, stairs, and lighting. access platforms, (AIG) located upstream of the ammonia in ) consists of an amm injection grid ( � r eactor , and two layers of titanium-vanadium-tungsten de based r visions for located inside the reactor. The reactor vessel inc installation of a third layer of catalyst as and when it h rings necessary. Ancillary equipment includes n �ols�, Y as well as support structures), and (lifting devices and their handling, storage, preparation, and delivery reagent (ammonia) receiving, g, g P P systems. Air Quality Control System (AQCS) The flue gas leaving the existing electrostatic precipitators (ESPs bwill bb r direct to two semidry flue gas des e fiiriza �� Lime slurry may modules followed by a pulse jet fabric solids frJ m the fabric filter to be combined with a slurry of recycled form the reagent slurry. The reagent slurry is injected inter the absorber where the lime reacts with the flue gas to capture S0 thereby reducing sulfur emissions. The reaction products, unreacted reagent, and fly ash suspended in the gas stream are then collected by the fabric The PJFF is a multicompartment fabric filter using tub e flue gas bags to remove the FGD byproducts and fly ash from compartment contains several hundred individual filter bags. draft fa flue gas leaving the fabric filter is directed to two new The flue gas is then sent to the two inlet breechings of the existing chimney. of spray Scope of work includes design, fabrication, and installation and steel, dryer absorbers, fabric filters, ductwork, structural a ppurtenances as necessary for a full and complete installation. The existing ESPs will be re -used with some upgrades. prove modifications include installation of equipment necessary to ar e electrodes electrical sectionalization, replacement Lrent rigid dis electrode design, and their support system with a and stiffening of the ESP shell as required for the balanced draft conversion. Bulk Material Handling Scrubber Rea. ent and B - Product Handlin. S stem io Scope of work includes design, manufacturing, stsystem n, fabricatio delivery, and installation of the lime the reagent slurry system handling, preparation, and delivery), the scrubber by- (preparation, storage, handling, and delivery), and tand scrubber in product system (transportation, storage, handling, shipping). Ash Handlin s stem The existing ash handling system will be modified as required to integrate its operation with the newly installed scrubber by- product handling system. Balanced Draft Modifications To accommodate the additional draft requirements resulting from the installation of the SCR and AQCS conversion v ,involvestinstalling Induced to balanced draft operation. 1 Draft (ID) fans and making the appropriate changes to the steam generator and connecting ductwork. The boiler, air hebatterr,eESP, and and AQCS, as well as all connecting ductwork, l anced draft modifications built /upgraded to withstand full include th e desi gn , fabrication, delivery, and installation of ID fans, motors, foundations, controls, dampers, inlet and discharge ductwork and electrical supply equipment. Distributed Control System (DCS) Upgrades A microprocessor-based Distributed Control System er ('D C S )a entirely replace the existing plant contro system. controls. Ovation is the system will replace the existing Bailey standard DCS system within the Xcel Energy coal plant fleet. . as The D CS will include control, information, and historian functions, performance monitoring and optimization functions. Scope ofw work includes process and controls hardware, software, process and fiber optic cables. instrumentation, and all connecting tubing, wiring, Heat Rejection System Modifications The current cooling water system is a "once - through" has been studied and discharge canals. The plant heat rej �S as part of the environmental permitting process, and a hybrid system will result. The hybrid system will provide operation in two modes: once - g ling throu h cooling, as currently configured, and partial closed to ep coo work using towers. newly installed mechanical and r installation of new mechanical draft • will include design, fabrication, of existing cooling towers and basins; modification and/or replacement the existing circulating water piping; modification and rep circulatin g water pumps; and modification or replacement e t al intake may s Potential modification of �ainlet of weirs and / or gates for include design, fabrication, and based on closed loop operation. Final configuration details are pending the terms of the water -use permitting process. Balance of Plant Modifications Coal Handlin s stem Scope of work includes a comprehensive study of existing equipment and systems. or reduction of ground level address the control and/ fugitive dust as required to meet air and quality perm of requirements incolT d tran transfer chute work, and dust selected convey , collectors, and the addition of a petroleum coke receiving and handling system. C R (C'RH) pipin g CRH is a section of the high- energy steam piping system connecting the boiler and the turbine. The existing CRH pipe has reached the end of its metallurgical life and will be replaced. Scope of work includes design, fabrication, and installation of pipe, hangers, anchors, attachments, instrumentation (pressure, temperature, and flow), insulation, and lagging. and hangers In addition to the CRH work described above, the balance of the high energy piping systems (piping, valves, fittings, hangers, and supports) will be inspected, adjusted, repaired, or replaced as necessary to insure reliable operation. Systems include main steam and hot reheat steam, as well as auxiliary and extraction steam piping. Feedwater system Inspection, adjustment, repair, or replacement of the feedwater piping, pumps and drives, and heaters; and • replacement of the #15B and #13 heaters, which have reached the end of their useful life. Conden system: Auxiliary Cooling Water system: and Deminerali Water system These systems, each of which is critical to plant operation, will be inspected, adjusted, repaired, or replaced as necessary to insure long -term, re operation. AuxiliW Boiler Rework of the furnace bottom will necessitate relocating the auxiliary boiler. Based economics t eresult of a recent condition assessment, obtaining a new auxiliary boiler rather than dismantling the existing one and reassembling it at the new location. • I - Fire Pro tection System • The configuration of the existing fire protection system will be reviewed in light of the other modifications and upgrades made to the plant equipment. The fire protection system will be replaced, modified, and /or upgraded in accordance with recommendations and requirements of Xcel Energy's property insurance carrier. rk Air Heater Pr eci itator a f le G s d ctwo operation. Stiffening as required Ancill Syste Ancillary system work includes addition of a station air compressor and relocation of demineralized water storage tanks. Site Related Scope of work includes relocation of the craft abatement. warehouse, shop, and change building, and plant asb • Electrical Upgrades Portions of the existing plant electrical system will be long-term, inspected, cl repaired, refurbished, and upgraded let connection to the plant substation service. The main transformer will be relocated, and will include replacement of eooweers nd conductors. An will be additional 115 kV transformer stations, control stations and other electrical the 4160 -volt substations, cooling towers, and equipment that will power the ntr is and�related devices. These electrical balanced draft equipment, c , upgrades include all cable, wire, raceways, bus ducts, relays, switches, od other appurtenances required for full and complete the new and existing plant equipment. Verification of the electrical system capacity and condition will be required during detailed design when all new loads have been confirmed. Xcel Project Management This includes development and long -term management agement nd a nalysis of of the project plan and schedule; development, tracking the project budget; and commercial services support (bidding, contract ID negotiation, and long -term contract administration). 1111 Owner's Engineer (B &V) The design engineering services of Black & Veatch primarily include detailed designing of plant structures and mechanic nel ct d d by systems, and integration of the designs of plant eq p P outside suppliers. Construction Management Services (UEC) Utility Engineering Corporation's services p b� Te ire �� th e preparation design; contractor oversight and Building Trade Council; a dministrative services; document control services; project control services; and procurement services. Site Services (Xcel) This is comprised of two primary components: Site Access and Flood Protection. Site Access This includes the construction of a new heavy haul road to allow for construction of the emissions reduction quip a en 2005 t • 2006 while the plant continues to operate, providing ight route necessary for delivery of the turbine° Following components of the boiler and ste completion of the project, this road will become the primary operations haul road for scrubber reagent and by- product materials. Also included in this category are the construction access gate and parking area; clearing, gru bbing, and leveling of the lease costs for any laydown and storage laydown and storage area; the costs for necessary offsite lay temporary construction offices and warehousing; the costs of construction inspectors and site security equipment and fencing; and non - destructive construction examination (e.g., concrete testing, welding testing, etc.). Site Flood Protection Given that the plant is located in the flood plain of LfakSCroix, As new equipment and structure designs require flood protection. the King plant has improved its flood protection over time, this project will use that existing infrastructure to provide a cost effective site solution. 110 Other /Xcel Resources This primarily includes air and water permit consulting services; air modeling; plant support for operations testing; training; Information Technology (IT) support; and miscellaneous expert consulting (e.g. high voltage electric testing, steam turbine operation testing, metallurgical services /testing, etc.). Startup /Commissioning Scope includes development of a startup and _ i sio ntation plan, including checkout, testing, and startup procedures; impof the startup and commissioning plan, including all necessary es a r equipment equipment, materials, and supplies; oversight and testing, and equipment testing materials /supplies. Corporate Overheads This includes the allocation of property tax costs during construction, general administration costs, and owner's insurance costs to the project. Such allocations are made pursuant to the Company's ssiSn�ce Company affiliated interest agreement approved by the • Previously Unassigned Contingency The previous budget submission identified $6 million as unallocated contingency dollars. Based on information from the permitting process, we allocated these contingency dollars primarily to the Balance of Plant budget category to cover required upgrades or modifications. Specific subcategories are: coal yard modifications, cold reheat piping modifications, and fire protection upgrades. The budget reflects this allocation. 1673316v1 • )t yr _, . Park Heights City of Oak •Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -057 14168 Oak Park Blvd N.• Box 2007 September 7, 2004 Mr. Ron Elsner Xcel Energy 1103 King Plant Road Bayport, MN 55003 RE: Xcel MERP CUP Mr. Elsner, original executed copy of the CUP necessary for the MERP upgrades. The City is Enclosed you will fmd an orig in the process of having the document recorded with Washingt on County. The remaining issue will be the issuance of building permits prior to the initiation of construction of buildings or other building alterations. I would est that we set a date of Monday, September 20"` su , 2004 - 9:00 am to 10 am with the City's ill Building Official so that we may determine exactly what elements will require the issuance of City Building Permit and what does not. Please let me know if that date is satis ctory. 4 0.er = ncJo City At.'iinistrator Cc: Jim Butler, Building Official Planning File lip City of Oak Park Heights II V Cty g 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 August 6' 2004 Mr. Burl W. Haar Executive Secretary Minnesota Public Utilities Commission Suite 350 121 Seventh Place East ST. Paul, MN 55101 RE: King Plant Dear Mr. Haar, The City has been notified by Xcel Energy's Judy Poferl that Xcel has completed is final draft cost allocation for the MERP and has provided the same to your office and members of the service list for commentary. The City of Oak Park Heights where the King Facility is located is pleased to inform you that Xcel Energy has received City Council approval of the necessary Conditional Use Permit, with specific conditions, for its pending MERP upgrades. However, this is the first step in such process, the actual Conditional Use Permit document which will include such conditions must be issued by the City Attorney's Office and signed by the proper parties within Xcel Energy. Once executed by Xcel, the City must also sign such document and have recorded with Washington County against such property. Until all of these elements are completed, Xcel Energy would not hold an authorization to proceed with such improvements in the City of Oak Park Heights. Please review and insert for your file this letter and the attached communication dated July 29 2004 as delivered to Xcel Energy - Mr. Ron Elsner. The City hopes to have such CUP document ready for Xcel signature by August 10 2004. If you have any questions pleas - '- 1 free t 1 ontact me. to cerely, nc Johnson/ City Adm' � f strator Cc: Judy M. Poferl, Xcel Ene f Mr. Mark Vierling, City Attorney Mr. Ron Elsner Xcel Energy • F.; ; 4. • C i of Oak Park Heights hts g 14168 Oak Park Blvd N.+ Box 2007.Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 July 29 2004 Mr. Ron Elsner Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401 RE: Conditional Use Permit - MERP Project Dear Mr. Elsner, To clarify a brief conversation I had with Darrell Knutson, I thought I would give you the following summary: As you are aware, the Oak Park Heights City Council did grant approval of Xcel Energy's Conditional Use Permit Application at its regular City Council meeting as held on July 27 2004. The approval was granted with specific conditions that were as outlined in the original Council Resolution - a copy of which is attached hereto. As you will recall, Item 9 was removed by the Council. Over the next several days the City Attorney's Office shall be drafting the actual Conditional Use Permit document which will incorporate such conditions. Once the Permit is drafted, both Xcel Energy and the • City must execute the Permit and such Permit must then be recorded with Washington County in proper format before the Permit actually becomes valid and "in- effect ", regardless of the terms of its approval. And, until such process is completed, Xcel Energy would not hold any authorization to proceed. Accordingly if Xcel Energy has an intention to proceed with its project prior to the required completion of the necessary Conditional Use Permit documents please advise the City immediately. Hopefully this will clarify any process questions. In the interim, I would be happy to address any further issue t you may I ve. pectfully, Eric Johnson City Admin , • 4 P.s.: For y • o nvenience I have included a copy of the videotape from the Council meeting. Cc: Mr. Mark Vierling, City Attorney Mr. David Snyder Mr. Mark Fritsch, Xcel Energy Mr. Darrell Knutson, Xcel Energy Weekly Notes • • RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF IRE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PERMIT FOR IMPROVEMENTS IN THE RIVER IMPACT DISTRICT, A CONDITIONAL USE PERMIT FOR LAND RECLAMATION AND GRADING, AND VARIANCES FROM HEIGHT REQUIREMENTS AND IMPERVIOUS SURFACE COVERAGE REQUIREMENTS FOR' THE ALLEN S. KING GENERATION PLANT BE APPROVED WITH CONDITIONS WHEREAS, REAS, the City of Oak Park Heights has received a request from Xcel Energy for a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation and grading, and variances from height requirements and impervious surface coverage requirements for the Allen S. King Generation Plant; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT $ and 3. The subject site is zoned I, Industrial District in which power plants are a permitted use. The King plant is in a River Impact District which requires a conditional use permit for construction activities, a conditional use permit is also required for the fill that is to be added to install flood control devices, and a variance from the Zoning Ordinance and St. Croix Bluff and Shoreland Ordinance is required for building height and impervious surface coverage requirements; and • 1. Xcel shall work with the Andersen Corporation, MnDOT, and the City as the work progresses to analyze any traffic concerns for Highway 95. 2. Xcel shall construct at least 300 parking stalls to accommodate construction personnel for the project. 3. All lighting at the construction site and temporary parking lots shall be in compliance with the Zoning Ordinance. 4. The tree removal and replacement shall be subject to review and approval of the City Arborist. No additional landscaping is required for the project. 5. The City will not require conformance with the Design Guidelines for the project. 6. The plans for the project must be submitted to and are subject to approval of the Corps of Engineers, Minnesota Pollution Control Agency, Department of Natural Resources, and others that may apply. 7. Xcel anticipates that the boiler and turbine will not be considered exempt for tax purposes under MN Statutes 272.02 or as amended. 8. The City of Oak Park Heights reserves its right to collect tax revenue and/or fees on any and all improvements implemented on this site as allowed by law. The City further • reserves its right to collect tax revenues and/or fees that occur or would otherwise be recalculated on this project resulting from any statutory amendments or legislative changes. Any other conditions of the City staff, Planning Commission and City Council. Approved by the City Council of the City of Oak Park Heights this 27th day of July 2004. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator • 3 • WETLAND CONSERVATION ACT LOCAL GOVERNMENTAL UNIT City of Oak Park Heights Attn: Mr. Eric Johnson 14168 Oak Park Boulevard North, P.O. Box 2007 Oak Park Heights, MN 55082 -2007 WCA Agent Bonestroo, Rosene, Anderlik & Assoc. Attn: Mr. Ben Meyer 2335 West Highway 36 St. Paul, MN 55113 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: Xcel Energy. Sharon Sara Application Number: 55 -04 -000 King Plant Type of Application (check one): X Exemption Decision ❑ No Loss Decision • 0 Replacement Plan Decision ❑ Banking Plan Decision Date of Decision: Au gust 6. ZQ04 Check One: X Approved ❑ Approved with conditions ❑ Denied Conclusion: Applicant has provided proof of incidental wetland exemption. Proposed expansion will not impact WCA jurisdictional wetlands and therefore the City ordinance regulating wetlands is not applicable for this project. List of Addressees: Xcel Energy Xcel Energy Attn: Mr. Jim Bodensteiner 414 Nicollet Mall, RS 8 Attn: Ms. Sharon Sarappo Minneapolis, MN 55401 414 Nicaflet Mail, RS 8 Minneapolis, MN 55401 MN Board of Water and Soil Resources Washington Conservation District Attn: Mr. Les Lemm Attn: Ms. Jyneen E. Thatcher One West Water Street, Suite 200 1380 W Frontage Rd, Highway 36 St. Paul, MN 55107 Stillwater, MN 55082 411 • Middle St Croix WMO DNR Ecological Services Section 294 North 3 Street Attn: Mr. Wayne Barstad Bayport, MN 55003 1200 Warner Road St. Paul, MN 55106 Department of Army CO -R DNR Ecological Services Section Attn: Dan Seemon Atm: Mr, Doug Norris St. Paul District Corps of Engineers 500 Lafayette Road, Box 25 190 East 5 Street St. Paul, MN 55155 St. Paul, MN 55101 MN DNR Water Resources Division A.S. King Generating Plant Attn: Ms. Molly Shodeen Attn: Mr. Darrell Knutson 1200 Warner Road 1103 King Plant Road St. Paul, MN 55106 Bayport, MN 55003 Utility Engineering Attu: Mr. Michael J. Peterson 901 Marquette Ave., Suite 2900 Minneapolis, MN 55402 • You are hereby notified that the decision of the Local Government Unit on the above- referenced application was made on the date stated above. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: LGU: City of Oak Park Heights Ausust 6 ,_2004 By: —.Ben Meyer Title: WCA Agent. City of nak P k He is • 08 /08/04 FRI 12:44 FAA 812330835/ CCEL• ENERGY ENV SVGS Q1002 innesota Wetland Conservation Act • Application for Certificate of No Loss or Exemption* APPLICANT AND PROJECT LOCATION INFORMATION .X.g.11. Energy — Name(s) of Applicant LG U --Park Heights 414 Nicollet Mall, RS Project Street Address 11114 11114 Coordinates: y : �' 9 -- R2 �- -- Minneapolis, MN 55401 County Name/NumberRaRjjngton City, State, ,Zip Code Minor Watershed Name/Number: S t C r o ias Size of entire wetland: 0. acres (612 /..a1127704.11 ( Wand type: Circular 39 • NWJ p E ME Tele •hone) (E Check one: 0 < 50e%, ❑ 50% - 80 %, or > 8 0% Check one: • A? 'cultural land r on-a aid u PROPOSED PROJECT DESCRIPTION Describe the nature and purpose of the proposed project: Site preparation and stormwater control in su quality system upgrade at the A S King PlantpPort of construction of air. • (attach additional pages if needed) rinetable: , .'ect will : 1 on 0 8 /0 2 /2004 mo/da and will be com, feted b 10 115 The wetland activity at the above site qualifies for the following under the Wetland Conservation RIO 4 . ❑ No Loss Determination (attach plans) Act (WC, ") (checl, one): Q Exemption # � (per MN Rule Chapter 8420.0122) necessary to show qua/ifrcatio for the exemption claimed) (Note: Applicant is responsible for subs sitting t /reproof Description of Exemption Claimed: Incidental wetland. Wetland areas wer constructed on upland and were constructed for the purpose of runoff controlfor stormwater. APPLICANT SIGNATURE determination The inrmation provided for this d n is truthful and accurate to the best of my knowledge. I ensure :bat, in draining, excavating, or filling the subject wetland under an exemption noted above; preyem sedimentation of the water; the drain, excavation, or fill will not bl appropriate k sh erosion control measure: will o i noes fill activity will be conducted in compliance with all other applicable faders passage; and the drain, c requirements nclu i3 or est Management practices and water resource protection requirements established under Minnesota Sta> hh t0 g best > r pter er 1 10 M. (Signature of Applicant) • (Date) w ettendexcmptionfbrm . dot Psi 2 of 2 (April 2003) • 40 Note: This approval is not effective until the signatures below are complete. No work should begin until the 30-day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized FOR LGU USE ONLY A) LGU has received adequate documentation for claim of No -Loss or Exemption, and approves this certificate as outlined above_ (LGU Offici na re) s This certificate expires 6/0 6 (Date) .t(Date) If this certificate applies to 8420.0122, Subp. 1 or Subp. 2B, then Item B below shall be completed and signed by the LGU. > If not, the LGU shall write "Not Applicable' in signature block below and the certificate is complete. B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultural Exemption (BWSR Fonn 8): (C ounty where re corded) (Date recorded) (Document #assigned by recorder) GU Official Si_? ature pate r .8 TI A_ • LYA • •LI To _ ' . � , Permits from local, state, andfederal agencies may be required Check with the appropriate authorities before commencing work in or near wetlands The Combined Project • Application form can be used for this purpose. Notice of the above decision must be mailed to the following parties within 10 working days of the decision: 1- Landowner /Applicant 2. Members of the Technical Evaluation Panel 3. Watershed District or Watershed Management Organization (If Applicable) 4. Department of Natural Resources Regional Office 5. DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager @ Department of the Anny, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St.. Paul, MN 55101 -1638 7. Members of the public who have requested to receive notice. • wetlandexemptionform doc Page 2 of 2 (April 2003) ivussage • Page 1 of 1 Eric A. Johnson From: Meyer, Benjamin L [bmeyer @bonestroo.com] Sent: Friday, August 06, 2004 1 :49 PM To: sharon.a.sarappo @ xcelenergy.com Cc: Eric A. Johnson Subject: Xcel A.S. King WCA Exemption Sharon, The notice of decision is attached. The original is being mailed today. CaII if questions. Sincerely, Bonestroo, Rosene, Anderlik & Assoc. Ben Meyer, WCA Agent - City of Oak Park Heights 2335 W Hwy 36 St. Paul, MN 55113 Direct Phone: 651 - 604 -4767 • 8/9/2004 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. mar 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952 595.9837 pianners4nacplanning.com July 8, 2004 Mr. Ronald Elsner Xcel Energy 512 Nicollet Mall Minneapolis, MN 55402 RE: Oak Park Heights — Development Application for Allen S. King Plant Rehabilitation Project (MERP) FILE NO: 798.02 — 04.08 Dear Mr. Elsner: Your information submittals as initially requested in our June 17, 2004 communication were incomplete. Accordingly, the City provided Xcel Energy additional time to fulfill the information request to July 6, 2004. Our alternative was to reject the application. Please be advised that with your submittal of additional information as received on July 6, 2004, the application for the King Plant MERP project is now deemed complete for review purposes. The Planning Commission will consider this Thursday, July 15, 2004 at 7:00 PM at City Hall. If a b recommendation from the Planning Commission is forwarded that evening, the City Council will consider the application at their Tuesday, July 27, 2004 meeting at 7:00 PM at City Hall. If you have any further questions, please do not to hesitate to call. Sincerely, NORTHWE = .SOCIATED CONSULTANTS, INC. Scott D. Richar s, AICP Senior Planner • pc: Eric Johnson Julie Hultman I AIL Xcel Energy- 9'Y 1103 King Plant Road Bayport, Minnesota 55003 -1000 July 6, 2004 Mayor, Council Members, Management and Staff City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 -2007 Dear City of Oak Park Heights Representatives: I have been asked to further clarify the tax implications of the MERP project for the surrounding areas we serve and particularly the City of Oak Park Heights. Based on what we know now, Xcel Energy anticipates all the boiler and turbine project costs would be taxable. The tax information in the letter I sent you dated June 28, 2004, is based on the boiler and turbine costs not qualifying for a tax exemption. Please keep in mind that the Minnesota Department of Revenue is the governing agency. I appreciate the help and advice we continue to receive from Oak Park Heights in support of this project. If you have additional questions and concerns about the property tax or the MERP project, please feel free to contact me. Sincerely, M OAJL.9- ? Mark J. Fritsch Director Allen S. King Generation Plant Xce /En sM er gy 1103 King Plant Road Bayport, Minnesota 55003 -1000 July 6, 2004 Mr. Eric Johnson City Administrator Oak Park Heights, MN 55330 RE: Oak Park Heights — Conditional Use Permit Application for Allen S. King Plant Rehabilitation Project Dear Mr. Johnson: • In response to Dan Petriks letter dated July 1, 2004, we are submitting responses to items 1 -3 as requested. The response to item 4 will be submitted under separate cover. • We look forward to meeting with the City Planning Commission on July 15 Please contact me (612) 330 -6712 or Russ .Girtz (763) 370 -1296 if additional information is needed. (,3 7 3 Again, we lo• . forward to working with you on this project. Since / t76' Ron Elsner Project Director cc: File 32.0700 • July 6, 2004 RE: Oak Park Heights — Conditional Use Permit Application for Allen S. Kin Plant Rehabilitation Project g • Attachments Response to item #1 — Heights and locations of proposed berms. Response to item #2 - Proposed tree removal inventory Response to item #3 — Linear distance of cooling towers to the high water level • • • King Plant Tree Inventory Tree No. IMEEMMIN Location UM ilk IIIIIMM Po • lar /as • en NW DBH in _ .arking /la down area 12 N/A Poplar /aspen NW parking /laydown area Poplar /as . en MEN 12 N/A 4 NW .arking / laydown area 21 N/A MEN Conifer NW .arking / laydown area Conifer NW parkin: / laydown area 2 10 + 6 Conifer 2 10 + NW •arking / laydown area 4 10 + 8 NW .arking /la down area 4 N/A Poplar Between warehouse and new road 9 Po B lar 13 N/A 10 Between warehouse and new road 17 N/A Polar Between warehouse and new road Polar Between warehouse and new road 111111111111 18 N/A IIIIMIN Po 14 lar Between warehouse and new road N/A IIIMEIIM Polar Between warehouse and new road 12 N/A 14 Po • lar Between warehouse and new road N/A Next to warehouse 12 N/ /A 16 12 A Next to warehouse 12 Next to warehouse N/A • 18 Next to warehouse 14 N/A 19 Weeping Willow Between warehouse and new road 17 N/A 20 Weeping Willow Between warehouse and new road 36 8 N/A Weeping Willow New haul road entrance from King 45 N/A N/A • Plant Rd. 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' �. • • • ;• ;. • f- ' • �• •,•• •, �` V• ••,'•.•• b� r • • _ •••••• :; t....-.- ' . ., �A ',.. y 1 ;` t 1•Hdi�i'•.'W1�i \i1l':a. �t l• a' L ___ -x . �\ y yy • ! -. 4 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 • Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com July 1, 2004 Mr. Ronald Elsner Xcel Energy 512 Nicollet Mall Minneapolis, MN 55402 Re: Oak Park Heights — Conditional Use Permit Application for Allen S. King Plant Rehabilitation Project File No: 798.02 — 04.08 Dear Mr. Elsner: Thank you for having your staff attend the site plan review yesterday to explain your plans for this project in more detail. One item that was further explored was the site grading and roadwork associated with the flood • mitigation project. Due to the quantities of fill being brought to the site for the flood mitigation project a conditional use permit will be required, but can be included in the CUP application for the plant rehab work. Additionally, based on our discussion yesterday, additional information is needed to be received by the City in order to further consider your request for a conditional use permit and to proceed with the plant rehabilitation project. Items 1 through 3 must be submitted by July 6 4pm to City Hall. Item #4 can be brought to the Planning Commission meeting to be held on July 15` 2004. 1. A series of 1:50 scale contour maps showing heights and locations of the berms proposed for the flood mitigation work. 2. A tree inventory of all trees proposed for removal. 3. A map showing the linear distance of the high water level to the new cooling towers. 4. Due to the general nature of the response provided by Xcel as to the tax implications of the MERP project, further clarification of tax implications for the turbine and boiler are needed; Does Xcel have an expectation that these items will qualify for the Electric Generating Equipment Tax exemption as outlined in Minnesota Statute 272.02 or other relevant statute? • This application will be considered by the Planning Commission of the City of Oak Park Heights at its meeting on Thursday, July 15, 2004 at 7:00 PM at City Hall. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Dan Petrik, Associate Planner pc: Eric Johnson Julie Hultman • • 2 ; 1 , 1 ' I -""mllmIIIIIIIIIIINIIIIIpppr I ; I ' , 0 , i ' ! , I ° 4 , 1 0/ (1/.(e/ . , Oyaska Pinye-11 _ 0 etvct GotCptav , t/e0 C - .P.fkt fi - moi ‘06.0.et 0.- e OF.P0 pc,A-1 0 i1e4/ - .., , ..„---------------- — 5— 4/t41 /2zee /Nvert/hity.=- (le , cm m y v itiefirAi al . . ' / ...".... 46 5o ,,, ot 4 . WILL- Svbni )/ . 9' 00 Aktf"- .1 tiocert it hdrAt, fir,,,, c ( >e 0 14)44 fhge , ,-; • ,.. ... • ,•, _ ... . .,. _ t? Xcel Ener 9' ysM • 1103 King Plant Road Bayport, Minnesota 55003 -1000 June 28, 2004 Mr. Eric Johnson City Administrator Oak Park Heights, MN 55330 RE: King Plant Rehabilitation Project Conditional Use Permit Application Dear Mr. Johnson: We are pleased to submit the additional information requested by Mr. Scott Richards in his letter on behalf of the City of Oak Park Heights dated June 17, 2004. The responses to the list of seven items requested are included in or attached to this letter. This information supplements the information that Xcel Energy submitted on June 8 and June 22 We look forward to continuing to work with the City as this • important project continues progress towards improving the City by reducing the emissions from the King Plant while providing other significant long range benefits to the City. Our responses are as follows: 1. A site plan that clearly indicates existing conditions with the proposed changes to the power plant and cooling tower. ❑ We have addressed your concern about the clarity of existing conditions verses proposed changes by re- drawing the site plan drawings submitted on June 8 to clearly indicate those items which are new or that will be changed. The title of our drawing, Mechanical Arrangement Plan — Permitting (Dwg No. 139280 -DG- 121903 -A) serves the same purpose as a "Site Plan" and reflects the most current information we have for the project. Each new or modified item is highlighted in red and numbered. The numbers correspond to the legend that gives the name of the item and its major dimensions, including the highest point on the structure. The drawing is also the same information that the Minnesota Pollution Control Agency is using to update the site environmental permits. 2. Power plant and cooling tower elevations clearly showing existing conditions and proposed build out. Page 2 June 28, 2004 ❑ We have included an elevation drawing of the existing cooling towers • and also a conceptual drawing of the new cooling tower arrangement. We are in the process of specifying and procuring the cooling towers and do not yet have final detailed dimensions. We have included a photo that shows a view of the existing cooling towers. ❑ For the plant elevation representation, we have included two items. First, is the photo - realistic rendering of the plant showing the arrangement of the major components that was submitted on June 22 Second is a colorized three - dimensional drawing with labels and top of structure elevations to give the City a conceptual view of the project. (See Equipment Layout drawing 139280 -SM- 061604 Rev 0.) We are currently specifying and procuring the major pieces of equipment for the project and at this time we do not have detailed elevation drawings as you may have received on other smaller projects. 3. Any landscaping additions as it relates to screening the cooling tower from the St. Croix River. ❑ There are no landscaping additions planned for the cooling tower area. The construction of the additional cooling tower cells will not disturb the existing tree line along Lake St. Croix that currently screens a significant portion of the cooling tower. • 4. Clarify the setback distances from the cooling tower to the ordinary high water mark and the bluff line of the St. Croix River. ❑ The setback from the ordinary high water mark exceeds the required setback of 100 feet. ❑ The setback from the bluff line for the new cooling tower basin exceeds the required setback of 40 feet. ❑ See drawing D0113316- 1405009 Sheet 1 Rev A — Cooling Tower Bluff Line & Setback Plan 5. Submit the floodplain elevations as it relates to the base elevations of the cooling tower and power plant. ❑ The 100 year flood elevation as recorded by the US Geological Survey is at elevation 692' -8 ". ❑ The cooling tower basin curb will be at elevation 685' -0" ❑ The base elevation of the power plant is approximately 691' -0" ❑ The power plant will be protected against floods up to an elevation of 694' -0" by a combination of permanent and temporary flood barriers. 6. Provide an analysis of the tax impact on Oak Park Heights of the power plant and cooling tower improvements relative to current State of Minnesota legislation. ❑ The response to this item is included in a letter dated June 28, 2004 to • the City from Mark Fritsch, Director of the A.S. King Plant. Page 2 June 28, 2004 0 7. Submit a check for $1, 600 for conditional use permit, variance and escrow fees. Two checks for a total of $1,600 were submitted on June 25 Your timely consideration of our project is critical to the successful completion of the MN MERP as approved by the Minnesota Public Utilities Commission and as supported by a variety of other key stakeholders this past December. We look forward to meeting with your staff at 10:30 on June 30 at your offices. Please contact me (612- 330 -6712) or Russ Girtz (763- 370 -1296) if additional information is needed. Again, we look forward to working with you on this project. Sincerely, PAA4x 0, Ron W. Elsner �c./ Project Director • Attachments cc: File 32.0700 • 7/x- Ao f 7 o. • 4x11 ,rya. s NPC NORTHWEST ASSOCIATED CONSULTANTS, INC. d 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @ @nacplanning.com June 17, 2004 Mr. Ronald Elsner Xcel Energy 512 Nicoliet Mall Minneapolis, MN 55402 RE: Oak Park Heights — Development Application for Allen S. King Plant Rehabilitation Project (MERP) FILE NO: 798.02 — 04.08 Dear Mr. Elsner: The City of Oak Park Heights is in receipt of your application submitted June 8, 2004 seeking consideration by the City for your project. With this letter, we are notifying you that your application will be deemed complete with receipt of the following items by June 28, 2004: A site plan that clearly indicates existing conditions with the proposed changes to .// the power plant and cooling tower. 12. Power plant and cooling tower elevations clearly showing existing conditions and proposed build out. /3. Any landscaping additions as it relates to screening the cooling tower from the /4. St. Croix River. Clarify the setback distances from the cooling tower to the ordinary high wate ■ elo mark and the bluff line of the St. Croix River. Submit the floodplain elevappq as it relates to the base elevations of the cooling tower and power plant. 64 6. Provide an analysis of the tax impact on Oak Park Heights of the power plant and cooling tower improvements relative to current State of Minnesota legislation. 7. Submit a check for $1,600.00 for conditional use permit, variance and escrow fees. As part of the review process for this application, a site plan review will be held on June 30, 2004 at 10:30 AM at City Hall. We encourage you and /or your representatives to attend this meeting. Mr. Ronald Elsner Page Two If the additional information is submitted as required, this application will be considered by the Planning Commission of the City of Oak Park Heights at its meeting on Thursday, July 15, 2004 at 7:00 PM at City Hall. Pursuant to Minnesota Statutes 15.99, Subd. 3(f), the City of Oak Park Heights is herewith extending the period of time for agency /city review of the application for an additional 60 day period (for a total of 120 days from the date of application) inasmuch as the City has determined that additional research and study by the City staff relative to the complexity of the project as proposed will be required. Please contact me with any questions you may have. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. • ( Scott D. Richards, AICP Senior Planner pc: Eric Johnson Julie Hultman Russell Girtz, Xcel • Xcel Energy 9'Y 1103 King Plant Road Bayport, Minnesota 55003 -1000 June 8, 2004 Mr. Eric Johnson City Administrator Oak Park Heights, MN 55330 RE: King Plant Rehabilitation Project Dear Mr. Johnson: We are pleased to submit our conditional use permit application for the scope of the Allen S. King Plant Rehabilitation project. As part of Xcel Energy's overall MERP project, the rehabilitation of the King Plant involves reducing emissions and modifying selected plant equipment to extend the life of the plant at approximately original capacity. Included are drawings and documents that detail the scope of our work, as well as a discussion on how we are addressing the concerns of the community. Contact me (612- 330 -6712) or Russ Girtz (763- 370 -1296) if additional information is needed. We are available to meet with you or your staff to review this submittal. We look forward to working with you on this project. Sincerely, e t,t/.. „I V t 0 Ron W. Elsner Project Director Attachments cc: File 32.0700 • CITY OF OAK PARK HEIGHTS ♦ DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Base Fee: Oak Park Heights, MN 55082 Escrow Amount: (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property 1i Loa ° /a _ ( n/ Legal Description of Property lek_ Owner: Name name, l �I�e►�? 0/ . - G . kin v-+ vim Pdc.,.te.,- G. Address: '/ I l t At ,taIIe4- City: l I ti ke4(13 at TS' State: Pt N Zip: S I Telephone: (Home) (Business) (Fax) (Other) Applicant: Name Po . /d._ f s &e '- Address: c1 c,,1Ie- !tea 1 f City: "1 a li'c State: '4Q Zip: 5S2 d Z Telephone: (Home) (Business) 6 1 Z -- '.?o— 6ZLz (Fax) (Other) Type of Request(s) /Zoning District Amendment Home Occupation '✓ Conditional Use Permit Site Plan Review Variance: Single Family Residential -PUD: Amendment Variance: Other Residential /Commercial /Industrial ,PUD: Concept Plan Subdivision ✓ PUD: General Plan Subdivision: Minor Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): ?lease_ fee_ a ila cLe hih de4vie,L If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: Owner /Applicant Initials - Development Application, Page 2 • General Conditions Application Review The undersigned acknowledges that before this request can be considered and /or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the • City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 of each year. Property Address 43. 'T oa'[, �a� -'� jh0' ► l ,. :• r k ey Date: 14s © 1 Owner Signature / I Date: Applicant Signature 110 Index Application Checklist Index of Topics Application Item Section Application form and payment for fees Cover Proof of ownership or authorization to proceed as applicant NA A parcel search, including mailing labels, obtained from Provided Washington County, locating all properties within 500 feet of the Previously exterior boundaries of the subject property. Project narrative Pages 1, 2 Contact information list See Development Application Schematic drawing of proposed development NA Project Milestone Schedule Attachment 2 Property tax statement NA Grading and drainage plan Attachment 3 Existing site conditions plan NA Site development plan Attachment 3 Landscape plan Attachment 3 Traffic /vehicular management plan Attachment 3 Signage plan NA • Lighting plan Page 2 Tree protection and replacement plan Page 2 Building plans with elevations NA • Xcel Energy June 8, 2004 King Rehabilitation Introduction The Xcel Energy Metro Emissions Reduction Project (MERP) will install state -of -the -art pollution control equipment at the Allen S. King (hereafter, "King ") plant in Oak Park Heights to significantly reduce air emissions from this facility. MERP reflects our commitment to providing reliable energy to customers while reducing the environmental impact of generating that power. The package of additions and improvements at King, valued at $382 million, will be completed over the next three years. The scope of the project is to add emission control equipment and rehabilitate existing electric generation equipment to return the King plant to its original design capacity. The new air quality control system includes selective catalytic reduction for nitrogen oxide (NOx) control, flue gas scrubbers for control of sulfur dioxide (SO2 ) emissions, and fabric filters for control of particulate matter. With these modifications, the King Plant will reduce current annual air emissions by the following amounts: Emission Reduction Sulfur Dioxide, SO2 91% 110 Nitrous Oxide, NO 89% Particulate Matter 20% Mercury 20% The rehabilitation also includes steam turbine replacement, steam generator repairs and modifications, circulating water system modifications, coal handling upgrades, auxiliary electric system upgrades, and other equipment rehabilitation to extend the life of the plant, making the emission control upgrades cost - effective. Additional information on the scope of the project is included in Attachment 1. 1 Xcel Energy June 8, 2004 King Rehabilitation • Project Details Scope of Work The scope of work for the King Plant includes the introduction of emissions reduction equipment as well as replacement and modification of existing equipment to extend the life of the plant at approximately its original capacity. See Attachment 1 for scope details. Schedule The strategic planning for the King Plant portion of the MERP began in October, 2003 and the entire scope of work will be completed in June of 2007. Please see Attachment 2 for a schedule of the project milestones, including engineering and construction. Construction Personnel At the peak of construction activities, there will be approximately 300 employees, contractors and trade personnel working at the King Plant. Some of these will be directly contracted by Xcel, others will be subcontracted through construction contractors and • vendors whose scope includes erection of new equipment. Parking We estimate that we will need and provide approximately 300 temporary parking spaces to accommodate the peak workforce for this project. Please see Attachment 3 for the conceptual parking arrangement. Lighting Plan Lighting added for this project will be in accordance with city standards and requirements. Tree Protection and Replacement It is our intention to minimize the project's impact to the tree population on the King site. But, while we don't anticipate having to remove "significant" trees — as defined by the City of Oak Park Heights' "Landscape Guidelines for Developers" (3/1/2002) — some impact may be inevitable. We will work with you at a future date to mitigate any impact. • 2 Xcel Energy June 8, 2004 King Rehabilitation • Attachment 1 "Settlement Agreement: Emissions Reduction Proposal" (Cover Letter and Attachment 1)** • * *To view the entire Settlement Agreement, go to the Xcel Energy website, www.xcelenergy.com, and follow these links: ➢ Environment ➢ Improving Air Quality ➢ Minnesota Emissions Reduction Project • X cel E - 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 December 11, 2003 Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 St. Paul, MIN 55101 -2147 RE: SE "1"1LEMENT AGREEMENT EMISSIONS REDUCTION PROPOSAL DOCKET No. E002 /M -02 -633 Dear Dr. Haar, On behalf of Northern States Power Company d /b /a Xcel Energy, the Minnesota Department of Commerce, the Office of the Attorney General - Residential Utilities Division, the Minnesota Pollution Control Agency, Minnesota Chamber of Commerce, Northstar Steel, Izaak Walton League of America — Midwest Office, Minnesotans for an Energy - Efficient Economy, Suburban Rate Authority and the Sierra Club (collectively, "Parties "), please find the attached Settlement Agreement proposed for the Commission's consideration and approval in this docket. The Parties recommend that the Minnesota Public Utilities Commission approve the Proposed Plan filed by Xcel Energy on July 26, 2002 in this proceeding, subject to the terms of this Settlement Agreement. The Parties agree that the Plan achieves significant environmental benefits that are not otherwise required by law at a cost that is significant but not unreasonable, consistent with the requirements of Minn. Stat. 216B.1692. Specifically, the Commission can find that the Plan and the rate rider, subject to the terms of the attached Agreement, meet the requirements of Minn. Stat. 216B.1692, subd. 5. Under this provision, the Commission may approve a rate rider that: (1) Allows the utility to recover the costs of qualing emissions reduction projects net of revenues attributable to the project. Provision 23 of this Agreement provides a mechanism and requirements for crediting revenues to the rate rider in • compliance with this requirement. • (2) Allows an appropriate return on investment associated with quaking emissions at the level established in the public utility's last general rate case. Provisions 8 - 12 address rate of return, providing, among other things, a sliding -scale approach to encourage effective management of Plan implementation. This incentive return is an important provision for ensuring the overall reasonableness of the costs of Plan. (3) Allocates project costs appropriately between wholesale and retail customers. Provision 16 provides for appropriate jurisdictional allocations. (4) Provides a mechanism for recovery above cost, if necessary to improve the overall economics of the qualiingpr jects to ensure implementation. Provision 9 addressing Construction Work in Progress provides for recovery of the return on CWIP during the construction period of the Plan. This treatment provides for recovery of costs in a way different than traditional ratemaking. Given the magnitude of the Plan and the length of the construction period, this treatment of CWIP is needed to ensure implementation of the Plan. (5) Recovers costs from retail customer classes in proportion to class energy consumption. • Provisions 31 and 32 address rate design and satisfy this requirement. (6) Terminates recovery once the costs of the qualifying projects have been fully recovered. Provision 28 provides the elimination of the rate rider in the first rate case after all three plants have come into service. The statute further provides conditions under which the Commission may not approve a rate rider, including whether the project is required by law or as a part of any corrective action. Such conditions do not apply to the Plan, as evidenced by the December 29, 2002 Report of the Minnesota Pollution Control Agency. Finally, the statute provides that Commission may not include in the rider any costs that are not directly allocable to the reductions of emissions. This requirement likewise does not apply to the Plan. The Minnesota Legislature removed any ambiguity on this point with its passage of 2003 Laws of Minnesota, First Special Session, Chapter 11, Article 3, Sec. 12 at 1687 -88, which states that all costs related to the Company's primary proposal in this proceeding are eligible for recovery through the rate rider. This Agreement provides rate terms that protect ratepayers while facilitating implementation of the Plan. Subject to these terms, the Plan and rate rider meet the statutory requirement of achieving significant environmental benefits with consumer costs that, while significant, are not unreasonable. The Parties • thus recommend that the Commission approve the Plan, subject to the terms of this Agreement. The Parties look forward to presenting this Agreement to the Commission. We are available to respond to any questions the Commission or its staff may have. We appreciate the Commission's consideration of this Agreement, and look forward to resolution of this proceeding. Sincerely, J • ► . PUFF' D �' "i0 ' OF '+ _ . TORY AFFAIRS (612) 330 -6125 Attachment c. Service List • • • ATTACHMENT 1 KING PLANT REHABILITATION PROJECT SCOPE OF PROJECT This project focuses on reducing emissions and sequentially refurbishing the existing plant equipment for additional life at a capacity similar to the unit's original design rating. Emissions reductions will be achieved by means of air quality control system (AQCS) equipment consisting of a selective catalytic reduction ( "SCR ") reactor for control of NO. emissions, a spray dryer absorber ( "SDA ") lime -based semidry flue gas desulfurization ( "FGD ") system for control of S0 emissions, and a pulse -jet cleaned fabric filter ( "PJFF ") for control of particulate matter. The boiler, turbine, and other balance of plant systems will be repaired or replaced as necessary to extend their useful life and support the operation of the new AQCS equipment. The plant will be modified in accordance with the scope of work described herein. The Sections that follow describe the major aspects of the project. While this document outlines many specifics of the project, it is not an • exhaustive list of all details. The limits of the scope of work will be as defined during detailed design. The scope of work to be conducted on each of the components and /or systems discussed herein is assumed to include all work (design, manufacturing, fabrication, delivery, installation, and commissioning) necessary for reliable and efficient operation of a full and complete installation in accordance with all applicable local, state, and federal codes and regulations. AQCS EQUIPMENT UPGRADES The new AQCS equipment for the rehabilitated steam generator will consist of a SCR reactor for control of NO. emissions, a lime -based semidry FGD system for control of S0 emissions, and a PJFF for control of particulate matter. NO Control The flue gas leaving the economizer section of the steam generator will be directed to a new SCR reactor. The SCR reactor includes the reaction vessel, support structure (including foundations and /or piling as may be required), access platforms, walkways, stairs, and lighting. The SCR system consists of an ammonia injection grid ( "AIG ") located upstream of the reactor • SCOPE OF PROJECT King Plant Rehabilitation Project Page 2 of 7 • and two or more layers of titanium-vanadium-tungsten based catalysts located inside the reactor. Ancillary equipment includes catalyst change out handling equipment (lifting devices and their controls, as well as support structures) and reagent (ammonia) receiving, handling, storage, preparation, and delivery systems. Existing Electrostatic Precipitators Pending results of a condition assessment of their internal components, the existing ESPs are intended to be re -used with minor upgrades. Required modifications include installation of equipment necessary to improve electrical sectionali7ation, replacement of existing discharge electrodes and their support system with a current rigid discharge electrode design, and stiffening of the ESP shell as required for the balanced draft conversion. S0 and Particulate Matter Control The flue gas leaving the ESPs will be directed to two 50 percent • capacity semidry FGD absorber modules and one 100 percent capacity PJFF. Lime slurry may be combined with a slurry of recycled solids from the fabric filter to form the reagent slurry. The reagent slurry is injected in the absorber where the lime reacts with the flue gas S0 The reaction products, unreacted reagent, and fly ash suspended in the gas stream are then collected by the fabric filter. The PJFF is a multicompatiment fabric filter using tubular filter bags to remove the FGD byproducts and fly ash from the flue gas. Each compartment contains several hundred individual filter bags. The clean flue gas leaving the fabric filter is directed to two new induced draft fans. The flue gas is then sent to the two inlet breechings of the existing chimney. Scope of work includes design, fabrication, and installation of spray dryer absorbers, fabric filters, lime systems (receiving, storage, handling, preparation, and delivery), reagent slurry (preparation, storage, handling, and delivery), and scrubber by- product (transportation, storage, handling, and shipping) systems. • SCOPE OF PROJECT King Plant Rehabilitation Project Page 3 of 7 • Balanced Draft To accommodate the additional draft requirements resulting from the installation of the SCR and AQCS equipment, the unit will be converted to balanced draft operation. The unit would be converted to balanced draft operation by installing ID fans and making the appropriate changes to the steam generator and connecting ductwork. Balanced draft modifications include the design, fabrication, delivery, and installation of Induced Draft fans, motors, foundations, controls, dampers, inlet and discharge ductwork, and electrical supply equipment. STEAM TURBINE GENERATOR The existing steam turbine generator is the unit that was originally installed when the plant was constructed. The existing steam turbine and the existing exciter have reached the end of their respective useful lives, and will be replaced. The existing generator will be re -used. Steam Turbine replacement scope includes entire new High Pressure, • Intermediate Pressure, and Low Pressure sections; foundation modifications as necessary to receive the new machine; new steam chest, control valves, and EHC (electro- hydraulic control) system, as well as piping replacements, additions, or modifications as required to connect the new turbine to the existing HP steam system. The new Exciter will be of a brushless design. STEAM GENERATOR The existing steam generator (boiler) is a supercritical, constant pressure, cyclone -fired unit designed by Babcock & Wilcox ("B &W ") and put into operation in 1968. The steam generator MCR was reduced due to a switch to low sulfur coal in the 1970s. Several options to return the boiler to its original design steam flow have been proposed. The following work is currently contemplated: replacement of the furnace floor and support system, replacement of the studded portion of the lower furnace sidewalls, installation of new cyclone burners and re- entrant throats, stiffening as may be required by the Balanced Draft conversion, installation of new secondary air dampers, installation of a rear wall arch, and potential addition of reheat and /or superheat surface 411 as may be necessary to control steam temperatures. Dismantling of the SCOPE OF PROJECT King Plant Rehabilitation Project Page4of7 • lower portions of the furnace will necessitate temporary relocation and /or permanent modification or replacement of the existing bottom ash slag tank and handling system. BALANCE -OF -PLANT EVALUATION The major balance -of -plant ( "BOP ") equipment was reviewed to determine which components will require repairs or replacement as part of the rehabilitation. Key portions of the balance of plant scope of work to be conducted are as follow: Auxiliary Power System Portions of the existing plant electrical system will be inspected, cleaned, and repaired as required for long -term reliable service. Portions of the system will be refurbished and upgraded with new solid -state protective relays. The Main Transformer outlet connection to the plant substation will be relocated; relocation to include replacement of towers and conductors. Additional 115 kV • to 4160 volt substations, motor control stations, and other electrical equipment will be required to power the new AQCS, SCR, Cooling Towers, and Balanced Draft equipment, controls, and related devices. Verification of the electrical system capacity and condition will be required during detailed design when all new loads have been confirmed. Distributed Control System A microprocessor -based Distributed Control System ( "DCS ") will entirely replace the existing plant control system. An Emerson `Ovation' system will replace the existing Bailey `Net 90' controls. Ovation is the standard DCS system within the Xcel coal plant fleet. The DCS will include control, information, and historian functions, as well as performance monitoring and optimization functions. Cooling Tower and Circulating Water System The current cooling water system is a once - through system with inlet and discharge canals. The plant heat rejection scheme is to be studied as part of the environmental permitting process. It is likely • that a hybrid system will result. The anticipated hybrid system SCOPE OF PROJECT King Plant Rehabilitation Project Page 5 of 7 would provide operation in two modes: `Once Through' cooling, as currently configured, and `Closed Loop' cooling using newly installed mechanical draft cooling towers. Scope of work will include design, fabrication, and installation of new mechanical draft cooling towers and basins, modification and /or replacement of existing circulating water piping; modification, relocation, and /or replacement of the existing circulating water pumps; and modification or replacement of the intake screens. Potential modification of the inlet and discharge canals may include design, fabrication, and installation of weirs and /or gates for closed loop operation. Final configuration details are pending based on the terms of the water -use permitting process. Cold Reheat (CRH) piping The Cold Reheat (CRH) piping is a section of the high- energy steam piping system connecting the boiler and the turbine. The existing CRH pipe has reached the end of its metallurgical life, and will be replaced. Scope of work includes design fabrication, • and installation of pipe, hangers, anchors, attachments, instrumentation (pressure, temperature, and flow), insulation, and lagging. Other Balance - of - Plant Equipment and Systems Following is an indicative listing of other systems and equipment that will require inspection, rehabilitation, or replacement. Additional details will be developed during detailed engineering design. Coal Handling system Scope of work includes a comprehensive study of existing equipment and systems. Improvements will address operating efficiency and control /reduction of ground level fugitive dust. Ash Handling system The existing Ash Handling system will be modified as required to integrate its operation • SCOPE OF PROJECT King Plant Rehabilitation Project • Page 6 of 7 with the newly installed scrubber by- product handling system. High - energy piping and hangers In addition to the CRH work described above, the balance of the high energy piping systems will be inspected, adjusted, repaired, or replaced as necessary to insure reliable operation. Feedwater system In addition to the inspection, adjustment, repair, or replacement of the feedwater piping, pumps and drives, and heaters, the #15B heater has reached the end of its useful life, and will be replaced. Condensate system • Auxiliary Cooling Water system Demineralized Water system These systems, each of which is critical to plant operation, will be inspected, adjusted, repaired, or replaced as necessary to insure long term, reliable operation. Auxiliary Boiler. Rework of the furnace bottom will necessitate the relocation of the exisiting Auxiliary Boiler. Based on results of a recent condition assessment, economics favor replacement of the Aux Boiler when compared to dismantling, relocating and reassembling the existing Aux Boiler. Fire Protection System The configuration of the existing fire protection system will be reviewed in light of the other modifications and upgrades made to • the plant equipment. The fire protection SCOPE OF PROJECT King Plant Rehabilitation Project Page 7 of 7 system will be replaced, modified, and /or upgraded in accordance with recommendations and requirements of Xcel's property insurance carrier. • • Xcel Energy June 8, 2004 King Rehabilitation Attachment 2 Project Milestone Schedule • • Ws 0 > 0' 0 ...... __............. „..„....__ _ - i r .. E ww o ` , . .„..,.. ••:-..„, ,-- - c -5 ..... , .. 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Lftel , , 'LL.:kr,.61-..i l 03 ,....e 0,4 , ,•0:;„.., ' , : eft" ..".., ,"" ',-"'" N a - 1 . '' .. '' e .. . ::::'<:L.:iii:': 0'0 fli L94**i NJ :;,,,-.01 NI 'A rzr r i ,,,... gm::: '' •::: aili ,•'• i:'. :is 44 ' x 1%74,..„... _ 0 °: ° ' , t.rittg; .7F -' C.C• IN 111441 Fig!!' i'r-s'',i‘ ' "......- - ' - • ' ' '.' Xcel Energy June 8, 2004 King Rehabilitation • Attachment 3 Site Arrangement, Parking, and Laydown Area Drawings • ill 7......X.7" / / / CO / / Y / � / / iT r r b th 4 m O N a w . o+t / r•r •'r. r' / L.. ri i W rn f , - ', # ss \ • \` 6I m 1 ; ' ;. ;\ /, ., '.: , - \ V r / ,; : /.,, 68 5 1 X \ �g / 685.3 r i t i1 ,., ,' ,c t \ 2 / / .‘ ;,110,,i, ,`,,, \ I In /.., i i / „Y., ,, ,,,., .,, , ,.",,,>„ \ V \ ! � 7 / � 684.3 ` �. t\ 1 '1 co / J �� ' \ 83 ` : 1 .•.` ,.. '� f `'', l `' ' . fi r 7C T 1 — - 69 0.7 1 %. \ t A �! ? X ;ry1, \, 1 } r \ 1 , : ' \ f /t \ \ 68 .. \ \ \ \ ■ C31 a (:) )"-.? I 1 I , 1 1 1 t! 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Z1 ii i• a i I' y N r © w Q . , 1.,411 -4 ;D Ui a X --1 • — gg ,1 a o D e # N m 82.42.49 p,,, elio 06/28/2884 p,4NSPa5K� <01�316ttwoh�rrri dpntf405809 1 I co 0 f ,- - L _ _- -_ -_ -- - _._.__.- FACILITIES LEGEND PLANT GRID TIEDOWN LOCATION REMARI ■D FACILITY FOUNDATION NORTH EAST - RDINATES ELEVATION 01 COOLING TOWER _ - - - - - _ FASTING 02 COOLING TOWER SWITCHGEAR BUILDING - _ _ 03 ELEVATOR - - - 04 BOILER VAULT _ - - 05 SCR _ _ - - 06 GAS DUCT - - - 07 AUXILIARY BOILER BUILDING - - - 08 SPRAY DRYER ABSORBER PENTHOUSE - - _ 09 FLY ASH AND FGD BYPRODUCT SILO - _ - 10 MAKEUP TANK - - - 11 SURGE TANK _ - - 12 ID FAN BUILDING _ - - 13 SPRAY DRYER ABSORBER #1 - _ - I 14 SPRAY DRYER ABSORBER #2 - - - - 15 PULSE JET FABRIC FILTER #1 - - - 16 PULSE JET FABRIC FILTER #2 - - - _ 17 AQC CONTROL /ELECTRICAL BUILDING - - - _ 18 LIME PREP BUILDING - _ - 19 RECYCLE STORAGE SILO - _ - 20 LIME STORAGE DAY BIN - _ - 21 NOT USED - - - - 22 ID FAN AREA I/O ROOM - - _ _ • 23 AMMONIA STORAGE - _ - - - 24 CW BOOSTER PUMP BUILDING - - _ 25 15 STATION AUX TRANSFORMER - - - - 26 RELOCATED 115KV POWER LINE - - - - 27 CONSTRUCTION ROAD BY OTHERS - _ 28 RELOCATED 345KV POWER LINE - - - - 29 STAIR TOWER _ _ 30 AMMONIA TRUCK UNLOADING CANOPY - _ _ 31 CATALYST MODULE DROP AREA - - _ 32 ATOMIZER DROP AREA - _ - 33 MAINTENANCE /WAREHOUSE BUILDING (BY OTHERS) - - - - 34 115KV TRANSMISSION LINE (DUCTBANK) - _ - 35 PEBBLE LIME UNLOADING CANOPY 36 NOT USED - - _ _ • - - _ _ 37 COOLING TOWER BASIN 38 FGD BYPRODUCT LOADING BUILDING - _ - 39 AMMONIA ELECTRICAL EQUIPMENT BUILDING - - _ 40 AMMONIA PUMP BUILDING - _ 41 14 STATION AUX TRANSFORMER - - • 1. THE EXISTING PLANT \ . SYSTEM - SOUTH ZC 1929). PLANT DATUM ADD 740,000 TO ALL ALL EAST COORDINAT COORDINATES. 2. THE NEW PLANT GRIT E 1054.14 IN THE P . ° • IN THE EXISTING PLA COUNTERCLOCKWISE. NEW FAC 03/08/2005 12:14 ECKBERG LAW 4 4390574 N0.354 MAR- 0/ -20e5 10 :39 XCEL ENERGY 6122154544 P•b2 /k Xcd E rr- Metzri9olikinE »isier/2 ReickerPrcict (MERP) Expediter 1PLvz jew- PariReciecolite Inspen Waiter Whereas the city of Oak Park Heirs does require that applications for ea lust re the submission of final and "wet-signed" wet si �rc� and gned" drawings residentral building permits q� for the City review, and, 'Whereas Xrx of (� Park Heights a process whereby l Energy has requested from the City Permit/Plan Review Xcel Energy shall receive special consideration for a modified Building Pe � to Xcel Energy process. Generally, the process will allow the Cityto issue a Bn based on plans identified as not to be used for cmuuuction", but that such plans shall be estimated by Xcel Energy to be more than 95 percent complete WI Permit A pplication for Project ID, of the MERP, With the attached Building Xcel Energy hereby provides the following warranties to the Park Heights. 1. That the submitted drawings for the City review have been prepared by a Minnesota Licensed Engineer, Mr./Ms. may not be the final MN License // , but these drawings drawings utilized for construction but shall constitute not less than 95 percent of all elements of the project; 2. That all anticipated construction shall be l Ene shall p�rovide -b Local, State and Federal B Code rSY drawings at the completion of the projec 3. That Xcel Energy shall be responsible to correct any and all deficiencies or defects that may be identified by the City, or other inspecting parts, both during and after the construction process; 4. That Xcel Energy and its subcontractors hold harmless the Qty of Oak Park Heights from any and all liabilities or penalties that may arise from defri nries, scope and/or omissions in City plan review and/or site inspections. Signed, Date • Ron Els Xcel Energy Dare Notary (please affix notary sta , TOTAL P.02 03/08/2005 12:14 ECKBERG LAW 4 4390574 NO.354 D002 Xcel Energy — Metropolitan Emissions Reduction Project (MERP) Expedited Plan Review - Plan Review Site Inspection Waiver Whereas the City of Oak Park Heights does require that applications for commercial and residential building permits first require the submission of final and "wet - signed" drawings for City review; and, Whereas Xcel Energy has requested from the City of Oak Park Heights a process whereby Xcel Energy shall receive special consideration for a modified Building Permit / Plan Review process. Generally, the process will allow the City to issue a Building Permit to Xcel Energy based on plans identified as "not to be used for construction ", but that such plans shall be estimated by Xcel Energy to be more than 95 percent complete. With the attached Building Permit Application for Project ID# of the MERP, Xcel Energy hereby provides the following warranties to the City of Oak Park Heights: 1. That the submitted drawings for City review have been prepared by a Minnesota Licensed Engineer, Mr./Ms. MN License # , but these drawings may not be the final drawings utilized for construction but shall constitute not less than 95 percent of all elements of the project; 2. That all anticipated construction shall be in full compliance with all applicable Local, State and Federal Building Codes. Xcel Energy shall provide "as- built" drawings at the completion of the project; 3. That Xcel Energy shall be responsible to correct any and all deficiencies or defects that may be identified by the City, or other inspecting parties, both daring and after the construction process; 4. That Xcel Energy and its subcontractors hold harmless the City of Oak Park Heights from any and all liabilities or penalties that may arise from deficiencies, scope and /or omissions in City plan review and/or site inspections. Signed, Date Ron Elsner, Xcel Energy Date Notary (please aff notary stamp) 03/08/2005 12:14 ECKBERG LAW 4 4390574 NO.354 P003 6122154544 MAR-07 -2005 10:39 XCEL ENERGY 6122154544 P.01f02 • • Fax: (612) 215 -4544 Xcel Energy" U.S. Bancorp Cantu 800 Nicollat Matt Minneapolis, MN 55402 -2023 • • • FAX. COVER LETTER Date . 5/7,4/./ From die46'4t 714' ') 5 • Writer's Direct Dial : (612) 215 - . Re: xec • —411 / fiy • Comments : TO COMPANY FAXNO. ,r 4/39 - - 9 i • • • ' This facsimile contains confidential information Intended only for the use of the addressee(s) named above and may contains information that is legally' privileged. If you are not the addressee, or the person responsible for delivering it to the addressee, you are hereb y notified that reading, disseminating, distributing or copying this facsimile is strictly prohibited. If you have received this facsimile by mistake, please immediately notify us by telephone and return the original messa: a to use at the address above via the Postal Service we will reimburse .osta!e . Thank. ou. You should receive pages) including this page. If the transmission is incomplete, please call Joy -de at "(612)' 215 -4604. • • • • 03/08/2005 12:14 ECKBERG LAW 9 4390574 NO.354 D@01 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Jas F. Lammers Stillwater, Minnesota 55082 Lyle J. E`kbeFgg Robert G. Briggs * (1916 -2003) Mark J. V'er • ° (651) 439 -2878 Paul A Wolff Susan D. Thomas sounex FAX (651) 439 -2923 (194¢1996) D. Okorx ¢ David R. Snyder ----- Sean P. Stokes *Qualified Neutral Arbitrator Biers C Heeren *Certified Real Estate Specialist Laura T.. Domagala 4Qualified Neutral Mediator Joshua D. Cbuistensen COVER SHEET — FACSIMILE TRANSMISSION DATE: March 8, 2005 Please deliver the following page(s) to: FAX NO: NAME: FROM: Mark J. Vierling TOTAL NUMBER OF PAGES Y , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error, please immediately notify us by telephone at (651) 439 -2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (651) 439 -2878 COMMENTS: * * * * * * * * * ** HARD COPY WILL [NOT) FOLLOW BY MAIL 4 • �,r,'�4 , f{ i A A .: -It . ., . . At , 1 ,, ,,.. „.,. -',.,, , i ..... ..„..4. :. 7 Mk '''.:., ''' 'a' s i z r r t i ` ''''.. ,` ,4.. 11 t ft ,,, . ,.. .,. ,_. .. ,_, . ,. ,..‘ .,•', . ., z, ,. ,, -.. _ _ .. , . ., ....„,„ ., .. ,, IN i ii i ( 1 iit r ,,,.: ,.. f ti ' . 1111 n ° n r o ° i i!! i : CO 0 :.:;,,, * , ' ' Eric A. Johnson From: kdwidin @comcast.net Sent: Thursday, July 15, 2004 10:58 AM To: Julie Hultman; Dennis Postler; Eric A. Johnson; Jim Butler; Scott Richards; Jay Johnson; Mark Vierling Cc: sharon.a.sarappo@xcelenergy.com Subject: Xcel Energy - King Plant Tree Removal OPH Staff - I have received an inventory and map of the trees which may be removed during the construction project(s) at the Xcel King plant. There are 13 trees which may be affected, and most of these are cottonwood. All the trees are naturally occurring, fast - growing species. I have also met Ms. Sharon Sarappo (Xcel Sr. Environ. Analyst) and Evan Dean (Xcel Project Engineer) on the site and inspected the sites where tree removal is proposed to occur. One site is by a proposed parking area and the other site is by an area which is to be used for storage and staging of construction materials. Based on the small number and the types of trees to be removed, I told the Xcel representatives that a full tree inventory of the site would not be necessary for this project. I asked that they provide a final inventory of trees removed once the construction in those areas has been completed. At that time, I will review the tree removal and recommend tree replacement at a rate of one 2.5 in. B &B tree for every two trees removed. If you have any questions regarding this memo, please contact me. Kathy Widin Arborist City of Oak Park Heights mow ` ■11• 1""" 'TT - 77 .•-•■•■••••■■. - 2- . mor .4141.■■•■• 0111 ,.; c I ' ' 6; et ophi r tied ; 'r /243 e- 11) C 4-a I ,1 77*- ef--t .a..€-/ t I "4-g). 710 Cpqz !!1 124 cca,12 e vz cf572..e-, uote it 49-A-c., I _ C-h 4-24-, e ; ! ' !! rt • A C • itk W . el . ssr P V 'A\ &. LD A O m • sx a p> < N zy > o D $ 0 o n }i: v � N �r sm•. z kD ° z p E z z A i 0 r, r� "' K O W C N CD TO O - • N z O z r I ti f"I • cn c A O � O F Z 0) c J 0 • rn O O 0 _ n O s ..,. , , ,.. LLI co , .' c:0. ez:153143,. Ttliv,,',.„:4,,,t...' , ,,,,,,,,,,,,,;''''-„: 10.: ,„ .., . 44 W , . I * y LIJ 3 - i; A f' : . f CO Z , z Ca ' A .- PI R •., 10 to ' ; 4 - , , t — x 6611,- __. ILI 6 - .41 0 I I . ' I ■tt i■• / .,..-7...-I4 . , ....., .c.-) u) „..-„,........ „..)., ,, ......„, . _ .... .„ . , . A. .,. 4. 12111 Z 11 1 41:. .. ,. . 0 lo• ...- . ..., . .., . . .,. , . , • . r.: . *.,.. ..., • !. . , . 4. , . . , 1 , , ,v i ....,.. . / ...........z.. ...... . _....... a .`,1 .... .., rr. . tit , - . . . - 4' , • liNitli 4 I .. ,,,..„ . .. ' . ....... .. ...* . . . , . . , . I .....„ ; is. ,. ,., .. AI ' ' ■ : f f - - 0 1 - . . . ) - . . k ' . , . , ..., i 7 - n01101 z I .4 ":, • , , ‘1 - 471.■• ., IL ,, , ... w .., _ Li .. .. - Z . ,,.._ ' ' ..- - 112 . .... . ...... V . 141 4 .. .. .. . . .., 1 to. , «, ., • ICIT Y OF OAK PARK HEIGHTS ♦DEVELOPMENT APPLICATION Q Ill . ,,,,, , 14168 Oak Park Boulevard Base Fee: P.O. Box 2007 Oak Park Heights, MN 55082 Escrow Amount: (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property ,' /Wa ` Oct - - - 1U Legal Description of Property -I S. le►` .6 . • (,1,,,,, Owner: Name Yc.eA - V -n cd . }- a • )Jtlr l-I/e -VA Sue P6wt4. c Address: Li «' At 4- Mali City: ill t u ►tea& al is" State: All 0 Zip: c cS4 0 1 Telephone: (Home) (Business) (Fax) (Other) . Applicant: Name P A9L/ f svtev Address: 012 Wu 11 e d lit& 11 III City: 14-11, d li'c State: - /4ij Zip: 5521 4 2 ,,2 53007? Telephone: (Home) (Business) G 1 Z -?..?&-- 61 17_ (Fax) (Other) . Type of Request(s) , •• ' - Zoning District Amendment Home Occupation /Conditional Use Permit Site Plan Review Variance: Single Family Residential -t/ PUD: Amendment Variance: Other Residential /Commercial /IndustrialUD: Concept Plan Subdivision PUD: General Plan Subdivision: Minor Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): 2 0 ge / l h / D atc a #c .chin c� n/% � r L r ri �t1 rwAidvl , If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: • Owner /Applicant Initials • . Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for • collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31s of each year. Property Address i, 9S" Oak OP 1 � �. �i i Pi✓ Date: [oi$JD(,� Owner Signature 0 I l Date: Applicant Signature • Xcel Energy June 8, 2004 Mr. Eric Johnson City Administrator Oak Park Heights, MN 55330 RE: King Plant Rehabilitation Project Dear Mr. Johnson: We are pleased to submit our conditional use permit application for the scope of the Allen S. King Plant Rehabilitation project. As part of Xcel Energy's overall MERP project, the rehabilitation of the King Plant involves reducing emissions and modifying • selected plant equipment to extend the life of the plant at approximately original capacity. Included are drawings and documents that detail the scope of our work, as well as a discussion on how we are addressing the concerns of the community. Contact me (612- 330 -6712) or Russ Girtz (763- 370 -1296) if additional information is needed. We are available to meet with you or your staff to review this submittal. We look forward to working with you on this project. Sincerely, i � Ron W. Elsner Project Director Attachments cc: File 32.0700 111 Development Application Checklist Index of Topics Application Item Section Application form and payment for fees Cover Proof of ownership or authorization to proceed as applicant NA A parcel search, including mailing labels, obtained from Provided Washington County, locating all properties within 500 feet of the Previously exterior boundaries of the subject property. Project narrative Pages 1, 2 Contact information list See Development Application Schematic drawing of proposed development NA Staging/phasing plan Attachment 2 Property tax statement NA Grading and drainage plan Attachment 3 Existing site conditions plan NA Site development plan Attachment 3 Landscape plan Attachment 3 Traffic/vehicular management plan Attachment 3 Signage plan NA Lighting plan Page 2 • Tree protection and replacement plan Page 2 Building plans with elevations NA • Xcel Energy June 8, 2004 King Rehabilitation • Introduction The Xcel Energy Metro Emissions Reduction Project (MERP) will install state -of -the -art pollution control equipment at the Allen S. King (hereafter, "King ") plant in Oak Park Heights to significantly reduce air emissions from this facility. MERP reflects our commitment to providing reliable energy to customers while reducing the environmental impact of generating that power. The package of additions and improvements at King, valued at $382 million, will be completed over the next three years. The scope of the project is to add emission control equipment and rehabilitate existing electric generation equipment to return the King plant to its original design capacity. The new air quality control system includes selective catalytic reduction for nitrogen oxide (NOx) control, flue gas scrubbers for control of sulfur dioxide (S02) emissions, and fabric filters for control of particulate matter. With these modifications, the King Plant will reduce current annual air emissions by the following amounts: Emission Reduction • Sulfur Dioxide, SO2 91% Nitrous Oxide, NOx 89% Particulate Matter 20% Mercury 20% The rehabilitation also includes steam turbine replacement, steam generator repairs and modifications, circulating water system modifications, coal handling upgrades, auxiliary electric system upgrades, and other equipment rehabilitation to extend the life of the plant, making the emission control upgrades cost - effective. Additional information on the scope of the project is included in Attachment 1. • 1 Xcel Energy June 8, 2004 King Rehabilitation Project Details • Scope of Work The scope of work for the King Plant includes the introduction of emissions reduction equipment as well as replacement and modification of existing equipment to extend the life of the plant at approximately its original capacity. See Attachment 1 for scope details. Schedule The strategic planning for the King Plant portion of the MERP began in October, 2003 and the entire scope of work will be completed in June of 2007. Please see Attachment 2 for a schedule of the project milestones, including engineering and construction. Construction Personnel At the peak of construction activities, there will be approximately 300 employees, contractors and trade personnel working at the King Plant. Some of these will be directly contracted by Xcel, others will be subcontracted through construction contractors and vendors whose scope includes erection of new equipment. • Parking • We estimate that we will need and provide approximately 300 temporary parking spaces to accommodate the peak workforce for this project. Please see Attachment 3 for the conceptual parking arrangement. Lighting Plan Lighting added for this project will be in accordance with city standards and requirements. Tree Protection and Replacement It is our intention to minimize the project's impact to the tree population on the King site. But, while we don't anticipate having to remove "significant" trees — as defined by the City of Oak Park Heights' "Landscape Guidelines for Developers" (3/1/2002) — some impact may be inevitable. We will work with you at a future date to mitigate any impact. 2 Xcel Energy June 8, 2004 King Rehabilitation • • Attachment 1 "Settlement Agreement: Emissions Reduction Proposal" (Cover Letter and Attachment 1)** • * *To view the entire Settlement Agreement, go to the Xcel Energy website, www.xcelenergy.com, and follow these links: > Environment > Improving Air Quality > Minnesota Emissions Reduction Project • • c el E r y- 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 December 11, 2003 Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 St. Paul, MN 55101 -2147 RE: SETTLEMENT AGREEMENT EMISSIONS REDUCTION PROPOSAL DOCKET No. E002 /M -02 -633 Dear Dr. Haar, On behalf of Northern States Power Company d /b /a Xcel Energy, the Minnesota Department of Commerce, the Office of the Attorney General — Residential Utilities Division, the Minnesota Pollution Control Agency, • Minnesota Chamber of Commerce, Northstar Steel, Izaak Walton League of America — Midwest Office, Minnesotans for an Energy - Efficient Economy, Suburban Rate Authority and the Sierra Club (collectively, "Parties'), please find the attached Settlement Agreement proposed for the Commission's consideration and approval in this docket. The Parties recommend that the Minnesota Public Utilities Commission approve the Proposed Plan filed by Xcel Energy on July 26, 2002 in this proceeding, subject to the terms of this Settlement Agreement. The Parties agree that the Plan achieves significant environmental benefits that are not otherwise,required by law at a cost that is significant but not unreasonable, consistent with the requirements of Minn. Stat. 216B.1692. Specifically, the Commission can find that the Plan and the rate rider, subject to the terms of the attached Agreement, meet the requirements of Minn. Stat. 216B.1692, subd. 5. Under this provision, the Commission may approve a rate rider that: (1) Allows the to recover the costs of quaking emissions reduction projects net of revenues attributable to the project. Provision 23 of this Agreement provides a mechanism and requirements for crediting revenues to the rate rider in • compliance with this requirement. • (2) Allows an appropriate return on investment associated with qualifying emissions at the level established in the public utility's last general rate case. Provisions 8 - 12 address rate of return, providing, among other things, a sliding -scale approach to encourage effective management of Plan implementation. This incentive return is an important provision for ensuring the overall reasonableness of the costs of Plan. (3) Allocates project costs appropriately between wholesale and retail customers. Provision 16 provides for appropriate jurisdictional allocations. (4) Provides a mechanism for recovery above cost, if necessary to improve the overall economics of the qualing projects to ensure implementation. Provision 9 addressing Construction Work in Progress provides for recovery of the return on CWIP during the construction period of the Plan.. This treatment provides for recovery of costs in a way different than traditional ratemaking. Given the magnitude of the Plan and the length of the construction period, this treatment of CWIP is needed to ensure implementation of the Plan. (5) Recovers costs from retail customer classes in proportion to class energy consumption. • Provisions 31 and 32 address rate design and satisfy this requirement. (6) Terminates recovery once the costs of the qualifying projects have been fully recovered Provision 28 provides the elimination of the rate rider in the first rate case after all three plants have come into service. The statute further provides conditions under which the Commission may not approve a rate rider, including whether the project is required by law or as a part of any corrective action. Such conditions do not apply to the Plan, as evidenced by the December 29, 2002 Report of the Minnesota Pollution Control Agency. Finally, the statute provides that Commission may not include in the rider any costs that are not directly allocable to the reductions of emissions. This requirement likewise does not apply to the Plan. The Minnesota Legislature removed any ambiguity on this point with its passage of 2003 Laws of Minnesota, First Special Session, Chapter 11, .Article 3, Sec. 12 at 1687 -88, which states that all costs related to the Company's primary proposal in this proceeding are eligible for recovery through the rate rider. This Agreement provides rate terms that protect ratepayers while facilitating implementation of the Plan. Subject to these terms, the Plan and rate rider • meet the statutory requirement of achieving significant environmental benefits • with consumer costs that, while significant, are not unreasonable. The Parties • thus recommend that the Commission approve the Plan, subject to the terms of this Agreement The Parties look forward to presenting this Agreement to the Commission. We are available to respond to any questions the Commission or its staff may have. We appreciate the Commission's consideration of this Agreement, and look forward to resolution of this proceeding. Sincerely, . r J D �' - . ' OF '� _ d TORY AFFAIRS (612) 330 -6125 Attachment • c. Service List • • • • • ATTACHMENT 1 KING PLANT REHABILITATION PROJECT SCOPE OF PROJECT This project focuses on reducing emissions and sequentially refurbishing the existing plant equipment for additional life at a capacity similar to the unit's original design rating. Emissions reductions will be achieved by means of air quality control system (AQCS) equipment consisting of a selective catalytic reduction ( "SCR ") reactor for control of NO, emissions, a spray dryer absorber ( "SDA ") lime -based semidry flue gas desulfurization ( "FGD ") system for control of SO emissions, and a pulse -jet cleaned fabric filter ("PJFF ") for control of particulate matter. The boiler, turbine, and other balance of plant systems will be repaired or replaced as necessary to extend their useful life and support the operation of the new AQCS equipment. The plant will be modified in accordance with the scope of work described herein. The Sections that follow describe the major aspects of the project. • While this document outlines many specifics of the project, it is not an exhaustive list of all details. The limits of the scope of work will be as defined during detailed design. The scope of work to be conducted on each of the components and /or systems discussed herein is assumed to indude all work (design, manufacturing, fabrication, delivery, installation, and commissioning) necessary for reliable and efficient operation of a full and complete installation in accordance with all applicable local, state, and federal codes and regulations. AQCS EQUIPMENT UPGRADES The new AQCS equipment for the rehabilitated steam generator will consist of a SCR reactor for control of NO emissions, a lime -based semidry FGD system for control of SO, emissions, and a PJFF for control of particulate matter. NO Control The flue gas leaving the economizer section of the steam generator will be directed to a new SCR reactor. The SCR reactor includes the reaction vessel, support structure (including foundations and /or piling as may be required), access platforms, walkways, stairs, and lighting. The SCR system consists of an • ammonia injection grid ( "AIG ") located upstream of the reactor SCOPE OF PROJECT King Plant Rehabilitation Project Page2of7 • and two or more layers of titanium-vanadium-tungsten based catalysts located inside the reactor. Ancillary equipment includes catalyst change out handling equipment (lifting devices and their controls, as well as support structures) and reagent (ammonia) receiving, handling, storage, preparation, and delivery systems. Existing Electrostatic Precipitators Pending results of a condition assessment of their internal components, the existing ESPs are intended to be re -used with minor upgrades. Required modifications include installation of equipment necessary to improve electrical sectionalization, replacement of existing discharge electrodes and their support system with a current rigid discharge electrode design, and stiffening of the ESP shell as required for the balanced draft conversion. SO and Particulate Matter Control The flue gas leaving the ESPs will be directed to two 50 percent capacity semidry FGD absorber modules and one 100 percent • capacity PJFF. Lime slurry may be combined with a slurry of recycled solids from the fabric filter to form the reagent slurry. The reagent slurry is injected in the absorber where the lime reacts with the flue gas S0 The reaction products, unreacted reagent, and fly ash suspended in the gas stream are then collected by the fabric filter. The PJFF is a multicompartment fabric filter using tubular filter bags to remove the FGD byproducts and fly ash from the flue gas. Each compaiunent contains several hundred individual filter bags. The clean flue gas leaving the fabric filter is directed to two new induced draft fans. The flue gas is then sent to the two inlet breechings of the existing chimney. Scope of work includes design, fabrication, and installation of spray dryer absorbers, fabric filters, lime systems (receiving, storage, handling, preparation, and delivery), reagent slurry (preparation, storage, handling, and delivery), and scrubber by- product (transportation, storage, handling, and shipping) systems. • SCOPE OF PROJECT • King Plant Rehabilitation Project • Page 3 of 7 Balanced Draft To accommodate the additional draft requirements resulting from the installation of the SCR and AQCS equipment, the unit will be converted to balanced draft operation. The unit would be converted to balanced draft operation by installing ID fans and making the appropriate changes to the steam generator and connecting ductwork. Balanced draft modifications include the design, fabrication, delivery, and installation of Induced Draft fans, motors, foundations, controls, dampers, inlet and discharge ductwork, and electrical supply equipment. STEAM TURBINE GENERATOR The existing steam turbine generator is the unit that was originally installed when the plant was constructed. The existing steam turbine and the existing exciter have reached the end of their respective useful lives, and will be replaced. The existing generator will be re -used. Steam Turbine replacement scope includes entire new High Pressure, • Intermediate Pressure, and Low Pressure sections; foundation modifications as necessary to receive the new machine; new steam chest, control valves, and EHC (electro-hydraulic control) system, as well as piping replacements, additions, or modifications as required to connect the new turbine to the existing HP steam system. The new Exciter will be of a brushless design. STEAM GENERATOR The existing steam generator (boiler) is a supercritical, constant pressure, cyclone -fired unit designed by Babcock & Wilcox ( "B &W ") and put into operation in 1968. The steam generator MCR was reduced due to a switch to low sulfur coal in the 1970s. Several options to return the boiler to its original design steam flow have been proposed. The following work is currently contemplated: replacement of the furnace floor and support system, replacement of the studded portion of the lower furnace sidewalls, installation of new cyclone burners and re- entrant throats, stiffening as may be required by the Balanced Draft conversion, installation of new secondary air dampers, installation of a rear wall arch, and potential addition of reheat and /or superheat surface as may be necessary to control steam temperatures. Dismantling of the SCOPE OF PROJECT King Plant Rehabilitation Project Page4of7 • lower portions of the furnace will necessitate temporary relocation and /or permanent modification or replacement of the existing bottom ash slag tank and handling system. BALANCE -OF -PLANT EVALUATION The major balance -of -plant ( "BOP ") equipment was reviewed to determine which components will require repairs or replacement as part of the rehabilitation. Key portions of the balance of plant scope of work to be conducted are as follow: Auxiliary Power System Portions of the existing plant electrical system will be inspected, cleaned, and repaired as required for long -term reliable service. Portions of the system will be refurbished and upgraded with new solid - state protective relays. The Main Transformer outlet connection to the plant substation will be relocated; relocation to include replacement of towers and conductors. Additional 115 kV • to 4160 volt substations, motor control stations, and other electrical equipment will be required to power the new AQCS, SCR, Cooling Towers, and Balanced Draft equipment, controls, and related devices. Verification of the electrical system capacity and condition will be required during detailed design when all new loads have been confirmed. Distributed Control System A microprocessor -based Distributed Control System ( "DCS ") will entirely replace the existing plant control system. An Emerson `Ovation' system will replace the existing Bailey `Net 90' controls. Ovation is the standard DCS system within the Xcel coal plant fleet. The DCS will include control, information, and historian functions, as well as performance monitoring and optimization functions. Cooling Tower and Circulating Water System The current cooling water system is a once-through system with inlet and discharge canals. The plant heat rejection scheme is to be studied as part of the environmental permitting process. It is likely that a hybrid system will result. The anticipated hybrid system • SCOPE OF PROJECT • King Plant Rehabilitation Project • Page5of7 would provide operation in two modes: `Once Through' cooling, as currently configured, and `Closed Loop' cooling using newly installed mechanical draft cooling towers. Scope of work will include design, fabrication, and installation of new mechanical draft cooling towers and basins, modification and /or replacement of existing circulating water piping modification, relocation, and /or replacement of the existing circulating water pumps; and modification or replacement of the intake screens. Potential modification of the inlet and discharge canals may include design, fabrication, and installation of weirs and /or gates for closed loop operation. Final configuration details are pending based on the terms of the water -use permitting process. Cold Reheat (CRH) piping The Cold Reheat (CRH) piping is a section of the high- energy steam piping system connecting the boiler and the turbine. The existing CRH pipe has reached the end of its metallurgical life, • and will be replaced. Scope of work includes design fabrication, and installation of pipe, hangers, anchors, attachments, instrumentation (pressure, temperature, and flow), insulation, and lagging. Other Balance -of- Plant Equipment and Systems Following is an indicative listing of other systems and equipment that will require inspection, rehabilitation, or replacement. Additional details will be developed during detailed engineering design. Coal Handling system Scope of work includes a comprehensive study of existing equipment and systems. Improvements will address operating efficiency and control /reduction of ground level fugitive dust. Ash Handling system The existing Ash Handling system will be modified as required to integrate its operation • SCOPE OF PROJECT King Plant Rehabilitation Project Page 6 of 7 with the newly installed scrubber by- product handling system. High- energy piping and hangers In addition to the CRH work described above, the balance of the high energy piping systems will be inspected, adjusted, repaired, or replaced as necessary to insure reliable operation. Feedwater system In addition to the inspection, adjustment, repair, or replacement of the feedwater piping, pumps and drives, and heaters, the #15B heater has reached the end of its useful life, and will be replaced. Condensate system ID Auxiliary Cooling Water system Demineralized Water system These systems, each of which is critical to plant operation, will be inspected, adjusted, repaired, or replaced as necessary to insure long term, reliable operation. Auxiliary Boiler. Rework of the furnace bottom will necessitate the relocation of the exisiting Auxiliary Boiler. Based on results of a recent condition assessment, economics favor replacement of the Aux Boiler when compared to dismantling, relocating and reassembling the existing Aux Boiler. Fire Protection System The configuration of the existing fire protection system will be reviewed in light of the other modifications and upgrades made to the plant equipment. The fire protection • SCOPE OF PROJECT King Plant Rehabilitation Project • Page 7 of 7 system will be replaced, modified, and /or upgraded in accordance with recommendations and requirements of Xcel's property insurance carrier. • Xcel Energy June 8, 2004 King Rehabilitation • Attachment 2 Project Milestone Schedule • i — t 1 • Z C.3 cn S E c € w CD at . 0 0 m To s u_ N 2. m _ w c O o cC E m S. 0 C O ) 0 y 0 �� c m U O� m m < o 1 i:• z o U U ...,......,.:,.. n O = C m C Q' o 2 0 H U , 0 N U U z C7 m ce a E a C 1 >1 w « m _._— -- m a 4 E �; • L E CO <0 m y x� . d .5' Q C a Q c 2 s c. 1 co y O N }a �r y ew d `= Q ‘1,` v C O J ' , C O E F.i J O ' :.. % C '� r E ` f ¢ ); w .!.:...; w _x -;::::':E::" .'.::.' E - ' At 0 i a l 1 1 Q w 0 v cw- 0 x ( > G Jf c i o �E t� 1 O! • U y�. O f O c .d+ �CC o z Q O. y N c -'� U .0. '~ N p O Q G >, ": C I N W W j 61 . 0 a c m 1" .. 0 :, cn 0 ;E yo -, ' N 0. E O m y • y C O y C U r ..: `A A ¢ E V 3 d y p A y. U A " o y d v c C y O ym o D c a ' m , I-- mU to m N _ mU «' c2,, m w : a E y > rn E d a d d m .__' � O >U O "> U ›..„,:,> . �0 -- • , �p. > • O O Q - - Q — m Q— ea Q— O Q— O "Q Q— Q— m N% C t C C A G` U C • V C Y' c o G > .::::,.C. o Q , o .O a O O : O 0 Z. O ,n ' ; � 0 C1 ;� to . C 0 m: o E • ° o d v ° o =• i> oo m V. oo V ° o r, V o o � " V o o o . 5, O 2 " H K E : . m a W : m ~ 0 +• Z r = • b . d .0 ... 0 cc : K C : N � N LLI m m d Q d.. 2 d N d N d C N C C N 6 .' CN a C N : ` R' E " a,w p p°p • a: a :'__3 . a3_,— m _ Xcel Energy June 8, 2004 King Rehabilitation Attachment 3 Site Arrangement, Parking, and Laydown Area Drawings • 4110 ER 05 /11/ Et I -I _ o -0 05/11 /04 1 10:16 � a .1 T fl ' / . �/ r-' - z • • " •- DG -121 03 -8 n N i. .." ./ / / I i ! 7.; r / 7� / fin' ; a D y • • • ♦ • . ' • MATCH ' IN E 2400 I d � — — — — i- �' j / — s r a ., 1 / /SJ ...pps.l '° ° Cl ry� • '7 k 2 ■ i • • . 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