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EQB & MN Rules
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C -..1. < r y 0 " 1'9'CP . • ___ C ^.- ''I ^ M < = W \I 3 (7* 0 )) _, ._. ,i _ . = o , . . „, ••i CD • t) .. , L._. - . f:., 0 - . ,---F, . - - , .• , ' e , , ..... , , mr•'4:' - NV ' , .f. . • . *1,-- •• , - - • i-...,.,or-71( . . s . - / ' e „,, ,:. gr "..,'V • •• '..,- i •-• '1:.,• r • 41 -iet ' r 1 , ', • , :,. 4_, ‘,,, •.. •, •. 1 , 4 - - %...;,-ti •-- 4:7 ' • 9. . . e.i . , _ Sedarski Direct Testimony- Schedule 4 PUC Docket No. E002/TL-11-223 OAH Docket No. 8-2500-22429-02 Figure 2: Proposed Structure Types Page 1 I , I I a Double-Circuit 115/115 kV Structure Vertical corner or Deadend Structure ti• ii n K 115 kV HP Single-Circuilt 115 kV Y•Frame Structure 115 kV Double-Circuli Steel Davit Arm 115 kV Single-Circuit Steel Davit Structure with Underbuild Arm Structure Environmental Assessment PUC Docket E002/TL-11-223 Page 12 a.) 0 .b M N it ` .0 N O «`�' 1.t ' N et; H ' E N O N -,a. -0a H c z r tZ U v Q 0 U V an cn 0-‘ 0 P--1 . . 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Sedarski Direct Testimony- Schedule 3 PUC Docket No. E002/TL-11-223 OAH Docket No. 8-2500-22429-02 Page 1 Table 2: Transmission Structure Specifications Estimated Structure Structure Span Structure Structure Foundation Base Between Line Type Type Material Location Diameter Diameter Height Structures (feet) (inches) (feet) (feet) Single Pole Galvanized 115 kV Vertical Replaces Steel,or 36-42 angle 300—500 Single- Configuration Structure 5-7 70-90 Weathering structures Circuit with Post 077 Steel Insulators Galvanized 115 kV Single Pole, Replaces Steel,or 300—500 Single- Cross Arm Y- Structures 6-8 70-90 Weathering 36-48 Circuit Frame 076 and 078 Steel 115/115 kV Galvanized New Single Pole Steel or Structures 300—500 Double- 6-8 36-48 75-115 Davit Arm Weathering 076-1 to Circuit Steel 076-5 115/115 kV Galvanized Alternate Double- Single Pole Steel or Structures 300—500 Circuit with 6-8 36-48 75-115 Davit Arm Weathering 076-1& Distribution Steel 076-2 Underbuild Source: Xcel Energy,June 7,2011;Xcel Energy, personal communication,October 13,2011 Environmental Assessment PUC Docket E002/TL-11-223 Page 11 - 1.-- / / / / • / I • ��i--i.--iijt / i IA /v/ ( 1 /11 ( II ( rii _1_ r (i\ \ \ / / / / / Ia ' : \ I IIII ,\\\ ' 1 N1 \ C �/ / 1 .1./ ti I \\ mI. ) j \ 1jJ� /%/ ' `\ --- / / / fi/r l .,.�K -, 1:`. _ • f// / ( ''��— / I/// /% // 1i� acj'/j///1)%/// j' t i-I `. ,, / / // i y 1 // / ' ,/z / // -N/ / i/ ,47./. --1 - 40// ic,v/ 1 ,.../u.• / / /1 1 i v • ,,c.,•, ,,, :‘, ..., . , v,,, 4- , / , , --,. ,!.3.,, __A , , ,,,, , ,._ , , _, .. , --_,, , :g- ' ,// „ , i, /, • , / a 0?/71 0,#,,, ,i ;/ /,.., // / , 1417,//c5,/,/ ..... . . . _.tea A'pii 1 ;_Lr4.r. 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I. t 411 „ ,.„,,, ,, . , .... .:. , .‘ :, s. , ,....„,. ,,,.....,.,„, .. , , , .,..:. ., , , , , , f ‘,..,,,,,,,. , ,1 I 4 'S"# Xcel Energy® RESPONSIBLE BY NATURE'' 414 NICOLLET MALL,8TH FLOOR MINNEAPOLIS,MN 55401 November 9, 2012 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 Re: Xcel Energy representative contact information for PUC Docket No. E002/TL-11-223—Orono Substation Replacement and New 115 kV Transmission Line Project Dear Landowner: Northern States Power Company (Xcel Energy), a Minnesota Corporation, obtained a route permit on April 6, 2012 to relocate approximately 0.2 miles of Xcel Energy Line 0831, to construct approximately 0.4 miles of new double-circuit 115 kV transmission line between line 0831 and the Orono Substation and to expand and modify the Orono Substation to accommodate the new 115 kV transmission line. You are receiving this letter because your property may be affected by construction of this project. Grading for the substation began in September and is nearly completed. Substation construction will begin following final grading and is scheduled to be completed by the fall of 2013. Transmission line construction is scheduled to begin mid to late January, 2013 and is expected to take 3-6 weeks. If you have any questions or concerns regarding construction of this project please contact me by one of the methods below: Chris Rogers Sr. Siting & Land Rights Agent 414 Nicollet Mall, MP-8A Minneapolis, MN 55401 RECEIVED Work Phone: (612) 330-6078 140y 1 '3 L012. 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Haar Executive Secretary Minnesota Public Utilities Commission 350 Metro Square Building 121 Seventh Place East St. Paul,MN 55101 Re: Summary of complaints for September—No Complaints Received Orono Substation Replacement and New 115 kV Transmission Line Project Docket No. E002/TL-11-223 Dear Dr. Haar: Northern States Power Company, doing business as Xcel Energy,obtained a route permit (dated April 6, 2012) to relocate approximately 0.2 miles of Xcel Energy Line 0831, to construct approximately 0.4 miles of new double-circuit 115 kV transmission line between line 0831 and the Orono Substation and to expand and modify the Orono Substation to accommodate the new 115 kV transmission line. The Complaint Procedures for High Voltage Transmission Lines attached to the route permit require that Xcel Energy submit a summary of all complaints received or resolved concerning Permit conditions for the project by the 15th of each month. Tree clearing occurred during the week of September 15 and grading for the substation began on September 26`h. No complaints have been received by Xcel Energy regarding this project. Please contact me at 612-330-6073 or ellen.l.heine@xcelenergy.com if there are any questions regarding this filing. Sincerely, XCEL ENERGY Ellen Heine Compliance and Permitting Analyst cc: Susanne Steinhauer,MN Department of Commerce Energy Facilities permitting \ojo IL CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 S� ` 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 l9k�SHO�F�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us September 27, 2012 Chris Rogers Sr. Siting and Land Rights Agent Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401-1993 RE: Xcel Energy Orono Substation Replacement and New Transmission Line Connection (Minnesota Public Utilities Commission Docket E002/TL-11-223) Dear Chris: The City of Orono is in receipt of the construction plans for the above referenced project which will in part be located on Outlot A, Huntington Farms over which the City is holder of an open space easement and a flowage and conservation easement. We have reviewed the plans and find them to be consistent with City expectations as a result of the MNPUC Route Permit review process. The City of Orono hereby accepts and grants approval for the construction of new transmission lines, construction of a new berm, removal of vegetation and the installation of trees and shrubs by Xcel Energy on portions of Outlot A, Huntington Farms as they relate to the existing easements held by the City. Specifically these are the "Flowage and Conservation Easement and Waiver of Damages" (document No. 5153932) and the "Open Space Easement" (document No. 5153933) both as filed with the Hennepin County Recorder on September 8, 1986. The above approval is based on the plan sheets attached to your Letter of Request dated September 25, 2012. As a condition of this approval, Xcel shall adhere to the provisions of the MNPUC Route Permit, a copy of which is on file at the City of Orono Administrative Offices. If you have any questions, please feel free to contact me at 952-249-4622 or via email at mgaffron@ci.orono.mn.us. Sincerely,, ,7K Michael P. Gaffron Asst. City Administrator cc: Jennifer Thulien-Smith, Xcel Energy Jessica Loftus, City Administrator Soren Mattick, City Attorney 1oJv 511111L CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 S� 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 `9KFStiO�� Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us September 27, 2012 Chris Rogers Sr. Siting and Land Rights Agent Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401-1993 RE: Xcel Energy Orono Substation Replacement and New Transmission Line Connection (Minnesota Public Utilities Commission Docket E002/TL-11-223) Dear Chris: The City of Orono is in receipt of the construction plans for the above referenced project which will in part be located on Outlot A, Huntington Farms over which the City is holder of an open space easement and a flowage and conservation easement. We have reviewed the plans and find them to be consistent with City expectations as a result of the MNPUC Route Permit review process. The City of Orono hereby accepts and grants approval for the construction of new transmission lines, construction of a new berm, removal of vegetation and the installation of trees and shrubs by Xcel Energy on portions of Outlot A, Huntington Farms as they relate to the existing easements held by the City. Specifically these are the "Flowage and Conservation Easement and Waiver of Damages" (document No. 5153932) and the "Open Space Easement" (document No. 5153933) both as filed with the Hennepin County Recorder on September 8, 1986. The above approval is based on the plan sheets attached to your Letter of Request dated September 25, 2012. As a condition of this approval, Xcel shall adhere to the provisions of the MNPUC Route Permit, a copy of which is on file at the City of Orono Administrative Offices. If you have any questions, please feel free to contact me at 952-249-4622 or via email at mgaffron@ci.orono.mn.us. Sincerely,, .,;/ Michael P. Gaffron Asst. City Administrator cc: Jennifer Thulien-Smith, Xcel Energy Jessica Loftus, City Administrator Soren Mattick, City Attorney V,oJv CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 y 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 F Cy F Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us KES HOS September 27, 2012 Chris Rogers Sr. Siting and Land Rights Agent Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401-1993 RE: Xcel Energy Orono Substation Replacement and New Transmission Line Connection (Minnesota Public Utilities Commission Docket E002/TL-11-223) Dear Chris: The City of Orono is in receipt of the construction plans for the above referenced project which will in part be located on Outlot A, Huntington Farms over which the City is holder of an open space easement and a flowage and conservation easement. We have reviewed the plans and find them to be consistent with City expectations as a result of the MNPUC Route Permit review process. The City of Orono hereby accepts and grants approval for the construction of new transmission lines, construction of a new berm, removal of vegetation and the installation of trees and shrubs by Xcel Energy on portions of Outlot A, Huntington Farms as they relate to the existing easements held by the City. Specifically these are the "Flowage and Conservation Easement and Waiver of Damages" (document No. 5153932) and the "Open Space Easement" (document No. 5153933) both as filed with the Hennepin County Recorder on September 8, 1986. The above approval is based on the plan sheets attached to your Letter of Request dated September 25, 2012. As a condition of this approval, Xcel shall adhere to the provisions of the MNPUC Route Permit, a copy of which is on file at the City of Orono Administrative Offices. If you have any questions, please feel free to contact me at 952-249-4622 or via email at mgaffron@ci.orono.mn.us. Sincerely,�, ;/ Michael P. Gaffron Asst. City Administrator cc: Jennifer Thulien-Smith, Xcel Energy Jessica Loftus, City Administrator Soren Mattick, City Attorney CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 F G� 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 ! Orono,MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us 4kESHO° September 27, 2012 Chris Rogers Sr. Siting and Land Rights Agent Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401-1993 RE: Xcel Energy Orono Substation Replacement and New Transmission Line Connection (Minnesota Public Utilities Commission Docket E002/TL-11-223) Dear Chris: The City of Orono is in receipt of the construction plans for the above referenced project which will in part be located on Outlot A, Huntington Farms over which the City is holder of an open space easement and a flowage and conservation easement. We have reviewed the plans and find them to be consistent with City expectations as a result of the MNPUC Route Permit review process. The City of Orono hereby accepts and grants approval for the construction of new transmission lines, construction of a new berm, removal of vegetation and the installation of trees and shrubs by Xcel Energy on portions of Outlot A, Huntington Farms as they relate to the existing easements held by the City. Specifically these are the "Flowage and Conservation Easement and Waiver of Damages" (document No. 5153932) and the "Open Space Easement" (document No. 5153933) both as filed with the Hennepin County Recorder on September 8, 1986. The above approval is based on the plan sheets attached to your Letter of Request dated September 25, 2012. As a condition of this approval, Xcel shall adhere to the provisions of the MNPUC Route Permit, a copy of which is on file at the City of Orono Administrative Offices. If you have any questions, please feel free to contact me at 952-249-4622 or via email at mgaffron@ci.orono.mn.us. Sincerely, Michael P. Gaffron Asst. City Administrator cc: Jennifer Thulien-Smith, Xcel Energy Jessica Loftus, City Administrator Soren Mattick, City Attorney Xcel Energy- 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 j q/ September 25, 2012 Q. _A it, r v Michael Gaffron Assistant City Administrator Long Term Strategy City of Orono PO Box 66 Crystal Bay, MN 55323 RE: Xcel Energy Orono Substation Replacement and New Transmission Line Connection (Minnesota Public Utilities Commission Docket E002/TL-11-223) Dear Michael, Northern States Power Company, d/b/a Xcel Energy obtained a Route Permit for construction of a high-voltage transmission line and associated facilities from the Minnesota Public Utilities Commission (MNPUC) on April 6, 2012. The Route Permit authorizes Xcel Energy to construct a new 115kV transmission line between Xcel Energy Line 0831 and the Orono Substation, and to expand and modify the Orono Substation. Special Conditions listed in Section 5.3 of the Route Permit required Xcel Energy to allow the Commission, the city of Orono, the Huntington Farm Home Owners' Association (HFHOA) and local landowners to review and provide comments on the substation design including the location and dimension of proposed berms and vegetation around the replacement substation. As a result of the review and comments from all parties as well as extensive collaboration with the HFHOA, Xcel Energy provided a final design of the replacement substation including details of a new earth berm to be constructed and several new trees and shrubs to be planted on Xcel Energy property and a portion of Outlot A; Lot 1, Block 9 and Lot 1, Block 8 of Huntington Farms. Final plans for the substation design were submitted to the MNPUC on August 15, 2012 and Xcel Energy has secured temporary construction rights from the HFHOA and two other individual landowners as needed to construct the berm and install new landscaping. Construction of the berm is expected to commence in early October 2012 while installation of trees and shrubs is anticipated to begin in the spring of 2013. Per our recent discussions, Xcel Energy requests that the City of Orono accept and grant written approval of the construction of a new berm, removal of vegetation and the installation of trees and shrubs by Xcel Energy on a portion of Outlot A, Huntington Farms as they relate to the existing easements held by the city. Specifically these are the "Flowage and Conservation Easement and Waiver of Damages" (document No. 5153932) and the "Open Space Easement" (document No. 5153933)both as filed with the Hennepin County Recorder on September 8, 1986. Michael Gaffron Page 2 9/25/2012 In addition to the substation work, construction of the new 115 kV transmission line connection to the Orono Substation is anticipated to begin in early 2013. A portion of this new transmission line will be built over the northern edge of Outlot A including installation of three new transmission poles which will require the removal of some existing vegetation. A plan and profile of the new transmission line is attached showing the location of the new transmission line and areas of vegetation to be removed. Please note that an existing portion of Xcel Energy's Line 0831 over Outlot A; Lot 1, Block 5 and Lot 1 Block 6, Huntington Farm will be relocated and removed as part of the project. Xcel Energy will release the existing easement for the relocated portion upon acquisition of the new easement from the HFHOA. In summary, Xcel Energy requests the city of Orono accept and grant written approval of both the transmission line construction and the construction of a new berm and landscaping on a portion of Outlot A, Huntington Farm as they relate to the for mentioned easement held by the city. Please review the enclosures and feel free to contact me with any questions. Sincerely, Chris Rogers Sr. Siting and Land Rights Agent 612-330-6078, office 612-202-0343, cell Christopher.c.rogers@xcelenergy.com Enclosures: Orono Substation Grading and Landscaping Plan Tree/Vegetation Removal Plan Project Overview Map Transmission Line 0831 Plan and Profile cc: Jennifer Thulien-Smith, Xcel Energy Mike Gaffron From: Rogers, Christopher C [Christopher.C.Rogers©xcelenergy.com] Sent: Tuesday, September 25, 2012 12:32 PM To: Mike Gaffron Cc: Thulien Smith, Jennifer C; Soren Mattick Subject: RE: Orono Substation Berm Construction Attachments: Ltr_to_City_regarding_Outlot A.doc Hi Mike, Attached is a copy of the letter of request which is being sent to you in the mail today along with all enclosures (enclosures are too large to send via email). Please review the request and confirm when you receive the mailing with the enclosures. Thank you, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 651-247-5531 F: 612-573-1861 E: christopher.c.rogers(c�xcelenergy.com From: Mike Gaffron [mailto:MGaffron@ci.orono.mn.us] Sent: Friday, September 21, 2012 4:10 PM To: Rogers, Christopher C Cc: Thulien Smith, Jennifer C; Soren Mattick Subject: RE: Orono Substation Berm Construction Chris— In discussing this with Soren Mattick today, it appears he is not in favor of amending the easements for a number of reasons, and would prefer that we grant written approval. Therefore, please send a letter of request as you outlined and we will proceed down that route. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone:(952) 249-4600 Fax: (952) 249-4616 From: Rogers, Christopher C [mailto:Christopher.C.Rogers@xcelenergy.com] Sent: Friday, September 21, 2012 10:00 AM To: Mike Gaffron Cc: Thulien Smith, Jennifer C Subject: Orono Substation Berm Construction Hi Mike, Jennifer Thulien Smith, Xcel Energy Assistant General Counsel, contacted City Attorney Soren Mattick this past August regarding the construction activity within Outlot A of Huntington Farm. It is my understanding that this matter is under 1 • review at the City and we have not yet been made aware of a decision by the City in terms of amending the city's easements or obtaining consent in order to construct the berm. Xcel Energy has reached an agreement with the Huntington Farm Homeowners' Association in regards to the final design of the berm and landscaping and has also secured Temporary Construction Licenses from the HOA and the individual landowners in order to perform the work. The final berm and landscaping design is attached for reference. Xcel Energy needs to move forward promptly with site grading prior to winter conditions and asks that the City of Orono accept/approve of the final design as it relates to the City's existing easements. Perhaps the simplest and most efficient way to accomplish this is for Xcel Energy to submit a letter to the City describing the work with the final design plan attached. The city could then approve the work in writing as exceptions to the terms of the existing easements. Please let me know you thoughts on this. 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''- '; '../ '., ,,,,(''''/ ',;';''''t..t.,". ;..:1.-,-,‘.. ---.,-:7.---7.. -:;.!-..-:* ' : %)N ,A -� o GC 11. 2t' f� t %"�vohe. a' dz 2rayO G xi N Q Existing Structure , k. $ .# .� t .w r, ,; ; 0 Proposed Structure * e2 }-?,-..P.'5' •f ., �- a �°; ■�Proposed Route a 11...14.114.,.1:'7 ,,i;",/'.414/71.'..4.'' r` t • -1141,',..+ x, ��ExistingXcel Energy115kV Line 0831 - 1'4;4, T �� to -r•-I ..� !�} ■� Existing GRE 69kV Line BD 1 �� Y ——' Proposed Relocation of GRE69kV Line BD r ! V4•94454- fit`". hr Existing Xcel Energy Distribution Line ar•.^ 41 r +A. �'"q s Requested Route Width(Approximately 400'Total) • P M1 a � � �r "tl5 Existing Xcel Orono Substation # � Orono Substation Site h a� Park Boundary '� Proposed 75 Ft Right-of-Way r.� �yPO ��_ Q Proposed Orono Substation Expansion Area s a r •-+'�. ` Hennepin County Parcels , .:ter t, z• R �,� , a:. r t' -11041141,4b,„ 0 a' fv ...-,V,r .r, ; th' °fir' 077(New) Morris T. Baker C)076(Line 0831) Park ROSP,rt✓P. O 078(Line 0831) To be replaced 4 To be replaced 076-1 (New) To replace existing structure077 0077(Line 0831) }-2- ;- 1' , N '7`'4' To be replacedrwith newstructure 076-1 ti ,~r` s 4,4 f' ' } ' te e- " ` �, -. 076-2(New) .7„,,,,;-,...1.,,, ..'e f 1g j/t ,.,..' r'* `' v : ,,,,...7i,..„. _ ,,,,..1,;_.., N„ -„ ::,,,,:,.......4.• •:',?` 4,# - -.•...--;','-.1-''''' ' '••._ -, -''''-.4*.e:.'''.•'4"‘'',_ 4-'-.1".a?'-'‘-‘.,,,.,jr-. -01.64-;-1.t,!' r` ' 'CO, "" � " ` � '. 076 3 �w 9# 1 ^‘-.24`.•-• ..t!..1,C.444';' '''.-'1..riit.'•,•--5.11?" -C,' • G R w • .` ,' r�'" 41,10'. 4:',t':"';'' :tr. x '°�� 4 ' Vie, a r w , + , !, �i: ' iii .'.I 7j U-. / fi'` # -iii w:: '�i.Y . l'�T'��U( " '' .../.te, 7' try $,j 07 e 40 1 E: £{cam , � :..11.1:# r �� •t w1i6A';- ia , it":7''q1 6 %,�' \ ; , ., 1'..,A{tg���.'/ix :- p. , j :'I. / • • a •- 1 0 tit •`',t '':;� 450 { } 1 sem _ r ^s ^ _.� y "a *' - . .< ,,,fit e- Feet rte' r`� ,. e r Hennepin % Aerial Image Source: ' , ' • : s t ..• , I County ', Aerial Express ECW Image 1.7.:.„.,-,..,,,,,,,,,,....,,;,,..:,.:..0.,..,...„.._, ,740., '- �r dated Sept. 15,2009 {aa ` r# Rj{ MPUC Docket No. ',`. f ' f` E002/TL-11-223 Pe • , M Pk,.a )','•X`.i'. §N:F.... • ....:. '7-111,-.,:t1.,. ,r.?. _'. r,<•. .ii i s _..: . '-. e • k a O ovNO ..Pt eft .A L14td ) FIGURE W2 pROsec..+ Ov4KvVew r RECEIVED JAN 172012 CITY OF ORONO Xcel Energy° 414 Nicollet Mall Minneapolis, Minnesota 55401 January 13, 2012 To: Persons Interested in the Orono Substation Replacement and New 115 kV Transmission Line Project, Property Owners, and Local Officials RE: NORTHERN STATES POWER COMPANY APPLICATION TO THE MINNESOTA PUBLIC UTILITIES COMMISSION FOR A ROUTE PERMIT ORONO SUBSTATION REPLACEMENT AND NEW 115 KV TRANSMISSION LINE PROJECT NOISE ASSESSMENT REPORT ALTERNATIVE PERMITTING PROCESS DOCKET No.E002/TL-11-223 Dear Interested Persons,Property Owners,and Local Officials: Enclosed is a copy of the noise assessment prepared for the Orono Substation Replacement and new 115 kV Transmission Line Project ("Orono Project"). The enclosed noise assessment outlines the existing ambient sound levels in the vicinity of the existing Orono Substation at 3960 Sixth Avenue North, Orono,Minnesota. The noise assessment also assesses the potential sound level impacts on the surrounding residential area of the proposed Orono Substation replacement,which is part of the Orono Project, and identifies noise mitigation measures. While the noise assessment indicates that all alternative transformer configurations under consideration by Xcel Energy would be below the applicable noise standard based upon predicted and estimated noise levels. Xcel Energy will install a sound wall around the proposed transformer as noise mitigation for the Project. Written comments on the noise assessment should be submitted to Administrative Law Judge Eric L.Lipman by 4:30 p.m.,Tuesday,January 31,2012. Additional information regarding how to submit these comments is included in the attached Notice of Comment Period from the Minnesota Department of Commerce,Energy Facility Permitting Staff. Sincerely, 5/Joseph G. Sedarski Joseph G. Sedarski Senior Permitting Analyst r ,,,„,,,T, STATE OF MINNESOTA F' : -- y' Energy Facility Permitting COMMERCE January 13, 2012 NOTICE OF COMMENT PERIOD In the Matter of the Route Permit Application for the Orono Substation Replacement and new 115 kV Transmission Line Project PUC Docket Number: E002/TL-11-223 OAH Docket Number: 8-2500-22429-2 PLEASE TAKE NOTICE that Xcel Energy has prepared a noise assessment for the Orono Substation Replacement and new 115 kV Transmission Line Project in Orono, Minnesota. Comment Period. Written comments on the noise assessment should be submitted to the Administrative Law Judge presiding over this proceeding no later than 4:30 p.m.,Tuesday, January 31,2012. Please include the PUC docket No. E002/TL-11-223 and OAH Docket No. 8-2500-2249-1 on all comments. Comments should be mailed, emailed or faxed to: The Honorable Eric L.Lipman Office of Administrative Hearings P.O. Box 64620 St.Paul,Minnesota 55164-0620 Fax: (651) 361-7936 Eric.Lipman@state.mn.us Electronic versions of the noise assessment will be available for viewing by January 17,2012, on the Commission's energy facility permitting website: http://energyfacilities.puc.state.mn.us/Docket.html?Id=32082. Additionally, documents are available on the Commission's eDockets system: https://www.edockets.state.mn.us/EFiling/search.jsp (enter the year"11"and the number"223"). The noise assessment will also be available after January 17,2012, at the locations noted below: Orono City Hall Maple Plain Library Long Lake Library Planning and Zoning Department 5184 Main Street East 1865 Wayzata Boulevard West 2750 Kelley Parkway Maple Plain,MN 55359 Long Lake,MN 55365 Orono,MN 55356 This document can be made available in alternative formats(i.e.large print or audio)by calling 651-296-0391 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1-800-627-3529 or by dialing 711. PUC Docket No. E002/TL-11-223 January 13, 2012 Project Mailing List. Interested persons can add their names to the mailing list for this project by contacting the state permit manager or public advisor, or by registering on-line at: www.energyfacilities.puc.state.mn.us. 2 Orono Substation Replacement Project NOISE ASSESSMENT Prepared for Northern States Power Company, a Minnesota corporation (Xcel Energy) by David Braslau Associates, Inc. 13 January 2012 • Orono Substation Replacement Project Noise Assessment EXECUTIVE SUMMARY The objectives of this noise assessment are to establish the existing ambient sound levels in the vicinity of the existing Orono Substation in Orono,Minnesota,and to assess the potential impacts on the surrounding residential area of the proposed Orono Substation replacement which would have larger transformers. The address of the Orono Substation is 3960 Sixth Avenue North,Orono,Hennepin County,Minnesota. Potential impacts are assessed with respect to the lowest State of Minnesota(State)Nighttime Noise Standards(NNS)and the existing ambient sound level. This sound assessment analyzes the most sensitive receptor sites which are the closest residential structures to the site that would be exposed to sound by the one or two transformers in the proposed replacement Orono Substation. Ambient sound levels were measured between December 5 and December 6,2011,just west of the existing substation to establish the existing ambient level over a 24-hour period. Spot readings were taken on December 5,2011,close to the existing substation to establish a source sound level for the existing transformer and to provide a basis for confirming the noise prediction model for the existing and replacement substations. Sound levels near the proposed Orono Substation replacement have been predicted based upon the following four alternative transformer configurations with assumed sound levels: 1. TR#1 78 dBA 2. TR#1 75 dBA 3. TR#1 78 dBA+TR#2 68 dBA 4. TR#1 68 dBA+TR#2 68 dBA The transformer configurations were provided by Xcel Energy for the proposed replacement Orono Substation,which initially involves replacement of the existing 69 kV transformer with one 115 kV transformer,and possible future buildout,which involves installation of a second 115 kV transformer. Sound levels of these transformer configurations at the nearest residences are predicted to be at or below the State NNS for residential land uses(L50 50 dBA)but above the existing ambient sound level. To provide a greater margin of confidence that the levels are below the State NNS, sound walls close to TR#1 where a 78 dBA transformer would be installed were analyzed. The sound walls would be located south and west of the planned transformer where the closest residences are located. With the addition of sound walls,predictions show that sound levels will be 6 dBA or more below the State NNS L50 50 dBA standard,and within 5 dBA of the predicted existing ambient levels except for the home immediately south of the transformer(Home 5). At Home 5 the predicted sound level with an assumed 78 dBA transformer may be 8 dBA above the predicted ambient level. Increasing the south sound wall height to 16 feet would reduce the sound level at Home 5 bringing it closer to the existing ambient sound level. When a 68 dBA transformer is added at the TR#2 position,a 16 foot wall would be needed to maintain the predicted sound level at Home 5 instead of the 14 foot wall for the 78 dBA transformer alone. David Braslau Associates,Inc. Orono Substation Replacement Project Noise Assessment Table of Contents 1.0 INTRODUCTION 1 2.0 NOISE CONCEPTS AND TERMINOLOGY 4 3.0 NOISE MONITORING RESULTS 5 4.0 PREDICTED SOUND LEVELS 7 5.0 SUMMARY AND CONCLUSIONS 13 APPENDIX A TWIN CITIES AREA FREIGHT RAILROAD MAP David Braslau Associates,Inc. Orono Substation Replacement Project Noise Assessment List of Figures Figure 1.1 Substation and Adjacent Residences 2 Figure 1.2 Location of Sound Level Monitoring Sites 3 Figure 3.1 24-Hour Statistical Sound Levels(10-minute intervals) (Dec.5,2011 10:40 a.m.to midnight to Dec.6,2011,midnight to 10:40 a.m.) 6 Figure 4.1 Proposed Substation Replacement Layout 8 Figure 4.2 Predicted Sound Levels by Alternative without Mitigation 9 Figure 4.3 Proposed Sound Walls 11 List of Tables Table 1.1 Minnesota Noise Standards 1 Table 3.1 Ambient Sound Levels with the Existing Orono Substation 5 Table 4.1 Proposed Transformer Alternatives 7 Table 4.2 Predicted Sound Reduction Benefits of Sound Walls(without Sound Absorption Material) 10 Table 4.3 Predicted Sound Reduction Benefits of Sound Walls with a 78 dBA and 68 dBA Transformer(without Sound Absorption Material) 12 David Braslau Associates,Inc. Orono Substation Replacement Project Noise Assessment 1.0 INTRODUCTION The objectives of this noise assessment are to establish the existing ambient sound levels in the vicinity of the existing Orono Substation in Orono,Minnesota,and to assess the potential impacts on the surrounding residential area of the proposed Orono Substation replacement which would have larger transformers. The address of the Orono Substation is 3960 Sixth Avenue North,Orono,Hennepin County,Minnesota. Potential impacts are assessed with respect to the State of Minnesota(State)Nighttime Noise Standards(NNS)and the existing ambient sound level. For continuous sources such as a substation,the L50 standard,or that level exceeded for 50%or 30 minutes of an hour,is the applicable noise standard. Since residential land uses or receptor sites are involved and the substation will be in operation during the nighttime(10 p.m.to 7 a.m.) hours as defined in the Minnesota Rules,sound levels from the substation will be compared with the L50 50 dBA residential nighttime standard(Minn.Rules 7040.0040). The State noise standards are presented in Table 1.1. Sound levels in the table are specified in terms of the dBA or A-weighted decibel. It should be noted that,while the standards are receiving land use standards and not source standards,they have been interpreted by the State as applying to sources that impact the receiving land use. Thus,the receiving land use standards do not include ambient levels not associated with the source in question. This sound level metric or measure is commonly used throughout the world in evaluating environmental and community noise levels and is a single number that combines all frequencies of sound similar to how sound is perceived by the human ear. Table 1.1 Minnesota Noise Standards Daytime(7 a.m. to 10 p.m.) Nighttime(10 p.m.to 7 a.m.) Noise Area Classification L10 L50 L10 L50 NAC-1 (residential) 65 60 55 50 NAC-2(commercial) 70 65 70 65 NAC-3 (industrial) 80 75 80 75 This sound assessment analyzes the most sensitive receptor sites which are the closest residential structures to the Orono Substation site that would be exposed to sound by the one or two transformers in the replacement substation. The residences are identified on the aerial photograph in Figure 1.1. Ambient sound levels were measured between December 5 and December 6,2011,just west of the existing substation to establish the existing ambient level over a 24-hour period. Spot readings were taken on December 5,2011,close to the existing substation to establish a source sound level for the existing transformer and to provide a basis for confirming the noise prediction model for the existing and replacement substations. The continuous monitoring site locations,as well as the spot monitoring locations,are shown on the aerial photo in Figure 1.2. David Braslau Associates,Inc. Page 1 • if----" , J ar a O 4�� • . N �' '/2 cto o _ ilf a I �. z; CU 1z r ;� z �' , , , yes ' • , y'. 4.4 !. '',K �t • % • r: •••• 0 • > ';, j , • �i' ...:„0. `• �•7-t - w moo.. • ,c`' ^-1). t^ f. vim. o ��ilnrk 1,� 1X ;1►' 4 .. 'e' • i i;: �; i. ! ,k a_� "kik Y_ray.... — - •�••4 _ Q ' Ic st 4 • of "73 r. ?a o- «tiy p r'. 'L7 ct ,� -y. �a s •tea h #f `ttrtSx„�f' ril`.'�' .N 4—, ,, '',,t ''14.1-44111" 111,4 , c,• tt -ficii _ .. cd i cn r 1 , c_' sem r'r• "."4.4, t• 4 ...P.": t41. .7w 1.1 "b • Ca 1-11 teAii----, ...- i-.--:-.•,5:e'y,-. -- • ;••,` -.N101 'fr ''' . .:41.;,' ... .t,...• .*;#7,.-1,;+-:•i• -....* • •,-,.. ,'IP _"4- 0 . 17:,;?-1°17*.T7111 .6,04.,;.-i;. ..4. ' V.. '''P ...e%- tiii'.' •'""*•:.0.7.,,,''''..;e1' ' rOk'''1.-.';! * '... = 'tr..Aiekt;/,'›giat. ''• ii.,,___. 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' :-••' rj'''' ,,, '114*-11 ''Z' - ...t, ",•1 0A.,..-., ' . 4-*44.6,s. ;4- . 4, ' '..:X':--- - .4. v., II II - -*i.:2- -, , ..- - ,- --- - , .. / . ., ,..., --, ;''•t' .4" ` ; .1/ iti, 4ilk.: - -:**C-437° t - - :.• - -• - '--t. ...,- -, i -'' .,...-r- ..' ' ' 'i 1' * ; .'' ' 1 • ..-' - i• / f • --. ...,4.,-‘4. '1 aiP-q0 • ,. ' : -. ' . 'I 1'ell //e //.. ..\ . . ..1 , CCCC5iiDpD) CD , ,.--- w . \, '.1. I.' • ../. ,. 5 Orono Substation Replacement Project Noise Assessment 2.0 NOISE CONCEPTS AND TERMINOLOGY The State limits for a residential location are L10=65 dBA and L50=60 dBA during the daytime(7:00 a.m.–10:00 p.m.)and L10=55 dBA and L50=50 dBA during the nighttime (10:00 p.m.–7:00 a.m.)(Minn.Rules 7030.0040). This means that during a one-hour period of monitoring,daytime noise levels cannot exceed 65 dBA for more than 10 percent of the time,and cannot exceed 60 dBA more than 50 percent of the time. The L50 level is used to address continuous sources,i.e.sources that are operated for more than 30 minutes of an hour. Potential sound levels from the proposed replacement substation are compared with this standard to ensure that the substation will be in compliance with State noise standards. A basic introduction to noise levels and common terminology can be found in the publication by the Minnesota Pollution Control Agency(MPCA),A Guide to Noise Control in Minnesota, which was updated in October 2008 and can be found at the following website: http://www.pca.state.mn.us/publications/p-gen6-01.pdf(MPCA Noise Guide). Page two of the MPCA Noise Guide is a listing of decibel levels of common noise sources which is listed below with some distances added for clarity. The L50 NNS is 50 dBA which,from the table below,is similar to sound level in a library. Decibel levels of common noise sources 140 Jet Engine(at 25 meters) 130 Jet Aircraft(at 100 meters) 120– Rock Concert(at 10 meters from loudspeakers) 110 Pneumatic Chipper(at one meter) 100- Jackhammer(at one meter) 90 Chainsaw,Lawn Mower(at one meter) 80- Heavy Truck Traffic(at 15 meters) 70-- Business Office,Vacuum Cleaner(at three meters) 60 Conversational Speech,Typical TV Volume(at 2-3 meters) 50 — Library 40- Bedroom 30--- Rural woods 20 Concert Hall/Recording Studio David Braslau Associates,Inc. Page 4 Orono Substation Replacement Project Noise Assessment 3.0 NOISE MONITORING RESULTS Monitored ambient levels from the spot readings(see Figure 1.2)with minimal influence from adjacent traffic or railroad noise are presented in Table 3.1. Measurements at the existing Orono Substation fence(i.e. spot readings at monitoring sites 1 to 4 on Figure 1.2)were used to establish a source level for the existing transformer. The other locations(shown on Figure 1.2 represent general ambient levels in the neighborhood with the existing substation. Table 3.1 Ambient Sound Levels with the Existing Orono Substation Monitoring Site dBA Location 1 58 Fence East 2 51 Fence North 3 57 Fence West 4 49 Fence South 5 41 24-hour Meter 6 46 South Side-6th Ave.N 7 44 6th Ave.N at Orchard Park Road 8 42 West Side-Hunter Farm Road 9 39 6th Ave.N at Hunter Farm Road The 24-hour statistical sound levels that provide an overall picture of sound level variation in the neighborhood near the existing Orono Substation are shown in Figure 3.1. The LO1 represents sound levels lasting longer than 6 seconds;L10 represents sound levels lasting longer than 1 minute;L50 longer than 5 minutes;and L90 longer than 9 minutes of each 10-minute interval. A 10-minute interval was used to ensure that a full 24 hours of data could be accommodated by the monitor memory. The 24-hour meter was located away from any homes or roadways and the existing substation to provide the minimum expected noise level in the area. It can be seen,however,that traffic on 6th Avenue North still dominates the sound environment except between about midnight and 4 a.m. The sound level during this quietest period is close to 34 dBA which is typical of rural areas in the winter. Summer levels could be higher due to sound from insects and other increased activity such as air conditioner operation. The high peaks in Figure 3.1 probably reflect passing trains to the northeast since these levels are similar to an observed and monitored train passage during the spot reading at Site 7. The number of peaks also correlates closely with the number of trains per day(9)on the MnDOT railroad map of the metro area(see Appendix A). David Braslau Associates,Inc. Page 5 3 & \ 7 ( oEo1. 2 ) o�;8 q k 11 o 7 o 8 / / R 222 N .§ a _I _I _I _I ,15 } f ® m Q 2 ° Qj 9 3 / o$g to k o, *11111111. oEg / / ] o :# / it ] U) / t 7 Lu oaO 1 = ■ = m J • X f R e owl 03 z 2 CLS 2 ♦ 2 ..': :4OE:3 § th f 4 2 2 , 0 0 F. 9 / — / & Oge[ § J ƒ$ E G7 geCN m % '� / \ \ 0Eg[ % u) _ ID o \ of gE k I- r) aE m u m �.: * m o 09:17[ \ \ q 7 a o 00:17E . § c c \ ( / ƒ ouEI- : OZ: � 2 % .- / § . . . of R CA 0 ■ - , of or \ r 0 n 0 0 o r o r o / co N- N- o o n r « # CO CO _ / (yap)xxi \ /: 0 2 ! Orono Substation Replacement Project Noise Assessment 4.0 PREDICTED SOUND LEVELS Sound levels were predicted at each of the residences shown on Figure 2.1 from four different alternative transformer replacement options(see Table 4.1 below). The transformer alternatives were provided by Xcel Energy for the proposed replacement Orono Substation project for replacing the existing 69 kV transformer with a 115 kV transformer,and for the possible future buildout of the substation site which would involve adding a second 115 kV transformer. It should be noted that similarly sized transformers can operate at varying sound levels. This is due to variations in design,materials,construction,and operational conditions of the transformers and where they operate. Xcel Energy does not have specific sound information for the initial transformer. Therefore,the sound level for this transformer has been estimated. According to Xcel Energy,Alternatives 1 and 2 involve use of an existing Xcel Energy 115 kV transformer(TR#1)with an assumed low to high sound level ranging from 75 to 78 dBA. No sound data are available from the manufacturer of this transformer and the assumed 75 dBA to 78 dBA sound level range is based upon past use of the transformer,best engineering estimates and the age of the transformer. Alternatives 3 and 4 would occur if,in the future,a second transformer would be needed at the Orono Substation site. The sound levels for TR#2 are current low noise rated levels currently available from transformer manufacturers. If a second 115 kV transformer is needed in the future at the Orono Substation site,Xcel Energy would install a low noise model. The proposed grading plan for the replacement Orono Substation project is shown in Figure 4.1. Positions for two transformers are shown on the figure. Initially,one transformer is planned for the TR#1 (east)position. Two alternatives have been analyzed for this position,a 78 dBA and a 75 dBA transformer. In the future,another transformer could be added in the TR#2(west) position. The alternatives with two transformers include a 78 dBA and 68 dBA transformer,and two 68 dBA transformers. The four alternatives analyzed are summarized in Table 4.1. Table 4.1 Proposed Transformer Alternatives Alternative TR#1 (east location) TR#2(west location) 1 78 dBA None 2 75 dBA None 3 78 dBA 68 dBA 4 68 dBA 68 dBA Predicted sound levels for the existing Orono Substation and the four alternatives for the proposed substation replacement are presented in Figure 4.2. David Braslau Associates,Inc. Page 7 Orono Substation Replacement Project Noise Assessment YEt!ANU GELAIAtIWr N 111 ti \,a\ "'�' srTLL-rux/1\ OUTLET �Elu!.. ., ', ,,[9.1.1 - EEE C ille-SN.3 ..L`, ` '' _ `�\ llllOGN- ';.N .5,1X-Scw'' 5-foot ERSLw 8izn, Nit, PEGS EL v=969.5 contours are .` � t E`OETAI 115.3 ear 3L3b emphasized for clarity. • :04. ,..,.,;: \f ;,1 r•:JC �� - -`S :\•1 • .l' EDGE E WETLAND II `1 _ '` ' '' ' ` 30'USE WE IL AND PUFFER i I'4 .; ;��i� 7��� I yr I`� \ 1111 1,,• - !� rogEW111111 ,f,.., --..u,`.\ _. la 1ARO D APPLI-_J`1vETLAxO DUFFER �a V - Crif V 7.© AI�'�II _1_ �-���\�\� \ \ n ,0 100 ft . -i, J. L I< sT EL G1A�€tiGs o -TA I 4 ,_sY15o+ fwil - ryy ' Vit' t� ,rMI� 1 b — — —,. _ EL csicAL(V* ` EOUIr'NExi __ - �;. I ! I— _— Alb_ _ ENCLO6URE ` �t 1__ *� SYITCNER I. 9S0 t2'21-2..14, —_ t -'EN • I �l 1��� - 7-.7.-..,,,...4-..,---.------_, ir TR#2 rururE ra_2 TRI --�•------------- .. �•1\\\ .. -..- - 1 r E%Ix- !T. it"t' � 1.��7i.���__�V-_.--�-_, -s FENCE / - k,1: • I 51-0.IFEME, / •,L0-d eo L1� —e r-I L 1� 11\; \ 's 9S5I71 :YT' .v_ _ 1 t 20G I I t1 I-'Irl-.�' I II -.._. T-i I _ '''., i•, ;�\ V • `•.1 1- -R X1l›. ` , 1 I T:iS I 1•.. I STEEL OOX L ,77' 'A ` .1.`. fn:' i` STRUCTURES \ ♦ • 1 I �:: I fir.: I Iz ( b I I r! 1 \ , :' • ';`j,, I P I sbic CEgas I� TR THAT vaL I \�, _ l 1 i . I , aelgrEo Al,. UEuZ 11` yF; 1,,,,,_-_ __.._...._:_........ '. - �lr ,• W"�'\ L Ire'. �'�L� • N!'911.0- z 1m 1 :r<1 '�.1 ';art11M144. Sun -r t'1LY tr-• ---....--------_'7,. '' '' - 7::'6‘1:-:7-,_:::Ikk'1:-:'\:: " ---:1%.".•,, 7,.= "...!5 _,., 2 1 if'..."slnizO •••''' ‘` 11141 .'......(GtGW-,YALI5f l' frnW,S4-. .‘ *----.''.. --2'�. ' ' . - f.--- ' r.�_. •:5KRZ_� • '� -1 `a♦•b`_` � 1 EV7 y8 •I -, CSA-11:0.p PLAT 9 6TH AYFr.N. MAI Ealsnlw tl.4�GE .------- X13 __�._ - __ -'-'r'-'-r----T _. - - - - 980 ' ------t:--,, _.._ I, O \ ------------ _._-_.---___ _ TEMPWAaV SIOME _ \\ 990 _t__ ILTFH mile.z,,3----- z 1.. Figure 4.1 Proposed Substation Replacement Layout David Braslau Associates,Inc. Page 8 En m m c d> ' ul 'D U + (O N X co Ln to * N a) W f-... ti r N CI 0111:10M a a) ) c N O p z = to a) E 0 -6 cz -D - Co o w E _ 0 0 +-� m = czt Z C o E co o O 2 o co o LO > IS) bA oE c 74 C o Q. y UE m w E a� o a) a) O ,-0 E WI ,:q.- ,.. ,- ;v., ,,,,.% "454,44-1C344_ ,cf):3 ,. a) a) tO N o '� c.> g E a o _ o Y I I I I I po 0 0 0 0 0 0 <`1, c1 o 0 0 0 0 0 0 0 (o eo d' C7 NCll o (d8P)lanai uoi}e}sgng an d 6 4.' Q Orono Substation Replacement Project Noise Assessment II From Figure 4.2 it can be seen that the predicted level at exceeds 40 dBA only when TR#1 is assumed to be a 78 dBA or 75 dBA transformer. The highest level at Home 5,which is immediately south of the Orono Substation site across 6th Avenue North,is just below 50 dBA. Therefore,based upon the assumed transformer sound levels,all of the alternatives are expected to comply with the L50 50 dBA NNS. To provide a margin of confidence in the predictions and to bring the predicted levels closer to the existing ambient level in the area,a concrete sound wall has been evaluated for TR#1. Since the highest sound levels are expected to be south and west of the proposed substation replacement,an L-shaped wall south and west of TR#1 was analyzed. Both the south and west sections for the sound wall are assumed to be 14 feet high and placed 8 feet from the main transformer surface as shown on Figure 4.3. The south wall would be 36 feet long while the west wall would be 24 feet long. These lengths also ensure that the homes to the south and west will receive benefit from the sound wall. If needed,the sound wall could be provided with sound absorption on the side facing the transformer to ensure that the sound level is not increased due to the proximity of the wall. Benefits in sound reduction expected from the wall are presented in Table 4.2 for a 78 dBA transformer in the TR#1 position. The predicted sound reduction benefits do not include some limited additional mitigation from installing sound absorption material on the side facing the transformer. Table 4.2 Predicted Sound Reduction Benefits of Sound Walls(without Sound Absorption Material) With No Wall Wall Benefit Home (dBA) (dBA) (dBA) 1 41.9 36.7 5.2 2 40.4 35.4 5.1 3 46.2 41.1 5.1 4 44.8 40.7 4.0 5 49.4 44.3 5.1 6 40.3 35.1 5.1 7 42.1 36.9 5.2 From Table 4.2 it can be seen that,all but Home 4 should expect at least a 5 dBA reduction in sound level,while Home 4 should expect a 4 dBA reduction in sound level. Placing sound absorption material on the side of the wall facing the transformer can provide some limited additional sound reduction benefit. Except for Home 5 located south of the site,predicted sound levels will be close to or within about 5 dBA of the lowest observed existing level on a winter night(see Figure 4.2). A 16 foot high wall south of TR#1 could lower the sound level at Home 5. With the addition of a 68 dBA transformer at the TR#2 position,a 16 foot high wall would be needed to maintain the sound level at Home 5. Predicted levels and benefits with both the 78 dBA and 68 dBA transformers with a 16 foot high south wall and 14 foot high west wall are presented in Table 4.3. David Braslau Associates,Inc. Page 10 Orono Substation Replacement Project Noise Assessment '•,-. ... '‘, ''''•';',--.,- ., . A •.. •, —,,, ',„ ! ••, -•., —YEW'.MX11,14,1GAI N ,,i •_._ . .._. ,,--".‘;:------". x\... ' \ ''. •.'s, ----.---, ' '-'• -----'',•.,,: yti 1°' ',.'4.4 i,13asrlis :‘ `.1Nk tt- .' '%\,.. '.4 ';;_..e,4 1....,.--z- e.. Alligkeiiiii...N" __", --„. ....." •'. 30.BASE wenan SUFFER Nib. - IDAUP-AM _ '•h tie, ,,,. ..,,,, — ., • ,..---lo§,A ,...\--- ,.. StitI "•''' . , ..,,. ,, s, 0 50 (10011 FAsqui.,..., - T -- - 14--Li-*-EETTEFEA'.14S -P- II/ALP a1 !, •(< _10111111E1f11111111E :411 7.41{. irumussum _AA ..--k:x-------• --,t 11 ‘- 1 i \/.1 \ .. ' .---,... .. c4 li 1 1 I--i-T-H---Th-c-8.;,--iii---1 ELECTRICAL Ott ..1: i -.• 980 I TR 411 - EXISTING .-5_ !If.-di • .'• t'L_IL 1 ''''' r-c.--____LT ,‘, -.2., , , ., ,,,:s.,. -'--1E7-1111±,T7-.-..------• ,,„„..,,,, 1 ''' ' °.1 i‘1)„ .k,.\‘'s,:',,. \I!•s''....‘, --- coif i !til : - ,, . `N\-.,• %. I:\ :-___ ,t,at \XAr Sound Walls 4: 1 1 ot,i; STRLETURES , i 1 , k• N, , . , : i l'12: 11 . r 6•,," ,z..,\.. ' ''';',..,.:,',.\\. ilt - 1 1 1:z 1 sdkrucrat,, Z1-rn BAIA r WILL t ' - •---- --------7-1--:-.F:1;;;s„ ..11-----'-':'54,-.'ss-,:::4\ ,\'•,\`:e."-' , , w. , . ' :17.'-tL-LB-F----,,' I - -- -- ;%\.111w,,,...1 ....3. ' - ''' '.`-...A ,.:::.•!._ -Th- ..--:- --',' . - — • ',Wail ' r'-'-'-"--/IrANIII14---.9:21frAI VD.A.‘VA'''s 1 : ' ,: : flarlarMUI . :1 ti : CSA-I IA:lf PLAT i : 6 1.-.1 (W .N.: ' 4------ --7-1". • 1; : : j C31--2..-----i-- -t----; . 1 •• . . . . . 980 : . • I I il—. ---ti r, -:71.- IF:CW.591r --- . Z A. ----------- I Figure 4.3 Proposed Sound Walls David Braslau Associates,Inc. Page 11 Orono Substation Replacement Project Noise Assessment Table 4.3 Predicted Sound Reduction Benefits of Sound Walls with a 78 dBA and 68 dBA Transformer(without Sound Absorption Material) With No Walls Walls Benefit Home (dBA) (dBA) (dBA) 1 42.3 36.7 5.7 2 40.9 35.4 5.6 3 46.7 41.1 5.6 4 45.3 40.7 4.5 5 49.8 44.3 5.5 6 40.7 35.1 5.6 7 42.5 36.9 5.6 While all of the sound levels are predicted to be below the L50 50 dBA nighttime standard without any mitigation,levels would be at least 6 dBA below the standard and closer to the existing ambient levels in the neighborhood if the sound walls were installed. David Braslau Associates,Inc. Page 12 Orono Substation Replacement Project Noise Assessment 5.0 SUMMARY AND CONCLUSIONS Existing sound levels in the vicinity of the existing Orono Substation were monitored to provide a basis for determining a source level for the existing transformer,to provide existing ambient sound levels in the neighborhood,and serve as a basis for confirming the accuracy of noise model predictions at selected locations for the proposed Orono Substation Replacement Project. Sound levels near the proposed Orono Substation Replacement site have been predicted based upon the following four alternative transformer configurations: 1. TR#1 78 dBA 2. TR#1 75 dBA 3. TR#1 78 dBA+TR#2 68 dBA 4. TR#1 68 dBA+TR#2 68 dBA Sound levels at the nearest residences are predicted to be below the State of Minnesota Nighttime Noise Standard for residential land uses(L50 is 50 dBA),but above the existing ambient sound level. To provide a greater margin of confidence that the sound levels remain below the State Nighttime Noise Standard, sound walls close to TR#1 where a 78 dBA transformer would be installed was analyzed. The sound walls would be located south and west of the transformer where the closest residences are located. Sound level predictions with the walls in place show that sound levels will be 6 dBA or more below the Nighttime Noise Standard(L50 is 50 dBA),and within 5 dBA of the predicted existing ambient levels,except for the home immediately south of the transformer where the level may be 8 dBA above the predicted ambient level(Home 5). Increase in the wall height to 16 feet would reduce the sound level at Home 5 bringing it closer to the existing ambient. When a 68 dBA transformer is added at the TR#2 position,a 16 foot wall would be needed to maintain the level at Home 5 instead of the 14 foot wall for the 78 dBA transformer alone. y:\jobs\2011 jobs\211065\report\orono-substation-noise-assessment-011212.doc David Braslau Associates,Inc. Page 13 Orono Substation Replacement Project Noise Assessment APPENDIX A TWIN CITIES AREA FREIGHT RAILROAD MAP David Braslau Associates,Inc. Page 14 • Orono Substation Replacement Project Noise Assessment ,t013 4.1 TWIN CITIES AREA FREIGHT RAILROAD MAP Volumes and Speeds Office of Freight and Commercial Vehicle Operations M'ppTh ' Apr1l,2009 f 0 i Ztmme neat ,/,11. I 1 ,i'_ 11ER4URNE 1 I L fiwd f.,..4„ CH -fu-- D� 7 `` -,, .ds, m c ,EI (tt Betel Ctz� '{ D --._mph-8 ;Ru•:: „J77 l; ;ay t.. NSF '� 4 '0y -�"t,....r.- `r5 ' f i II ... 11. �...--i4. POLK °'w vt_.. 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Han n New .9,J 1 l ;>t, ' fvp. ce.d.,r ' Market . ...- kn�' stte 1 'Erie- ,y-rip, k.," LEGEND �' Lake TGP '•lc lock t-n �,y tlapr maws tCas+L Y Tom' Miro Sell Tall. ;NT•., ,.,. , p. ®tx:s >ue =tr. , • I,f.d I Ohl .-� ,to _ a cr o ii;Q- GCGCHUE E �a TaP ! t - r< ---ssarm,ea tires ... Tvp + , .. tans u a Pnek lb..: •j rsa .�: c'r-RIGI=._.._.,`_ -r t'n"t-"�"G°"`""�m Et 0 2.5 5 10 15 20 '..- REL LFrtBsolaz¢M.Ltd. I .•C».j Pat-Powe Rai '>yie!I Mies TGYYR-T Ci`aL WasMm .r i ..... 1 44./ ...+�... ,ems:...., David Braslau Associates,Inc. Page 15 OAH 8-2500-22429-2 MPUC E002 /TL-11-223 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE PUBLIC UTILITIES COMMISSION In the Matter of the Route Permit Application for SUMMARY OF the Orono Substation Replacement and new PUBLIC TESTIMONY 115 kV Transmission Line Project This matter came before Administrative Law Judge Eric L. Lipman for a public hearing on December 15, 2011. The public hearing was held at the City Hall in Orono, Minnesota and was convened to receive public testimony on a proposed high voltage transmission line and substation. Earlier, on June 30, 2011, the Minnesota Public Utilities Commission (MPUC or Commission) issued an Order accepting the application from Northern States Power, doing business as Xcel Energy, for a high voltage transmission line Route Permit and approval of the proposed Orono Substation Replacement.' In this same Order, the Commission approved the use of an informal review and requested the Office of Administrative Hearings (OAH) to conduct at least one public hearing on the project.2 Ten persons attended the public hearings and, of those ten, six provided testimony during the public hearing.3 Interested persons were recognized for remarks during which they could submit testimony or make inquiries to the agency and applicant panelists. In all, the public hearing included two rounds of testimony from interested members of the public.4 This process continued until no person sought recognition.5 Following the adjournment of the public hearing, the record remained open for an additional 22 days within which interested persons were permitted to submit written comments. During the comment period, the parties to the proceeding, the Department 1 Order, In the Matter of the Application for a HVTL Route Permit for the Orono Substation Expansion pP P and New 115 kV Transmission Line Project, MPUC Docket No. E-002/TL-11-223 (June 30, 2011) (E- Docket No. 20116-64311-01). 2 Id. 3 See, Hearing Roster, OAH 8-2500-22429-2 (E-Docket No. 201112-69736-02). 4 See, Hearing Transcript, OAH 8-2500-22429-2 at 2 (E-Docket No. 20121-69850-01). 5 Id, at 57 - 58. of Commerce and Xcel Energy agreed to further extend the comment period by an additional 25 days so as to allow comment on Xcel Energy's noise assessment study.6 Eight comments were received before 4:30 p.m. on Tuesday, January 31 , 2012.' The Commission will issue an order on the application following a review of this Summary, the hearing transcripts and the filings submitted into the hearing record. Description of the Project The Project, as proposed by the Applicant, would replace the existing 69 kV Orono Substation with a new 115 kV Substation at the same location. The Project would connect the new substation to the existing Xcel Energy 115 kV transmission line through a new set of double-circuited 115 kV transmission lines. The Project, as proposed, would also remove approximately 1 ,030 feet of 115 kV transmission line and replace it with approximately 1,100 feet of new single circuit 115 kV transmission line. While not part of the Route Permit requested by Xcel Energy, approximately 400 feet of the existing Great River Energy 69 kV transmission line would be rerouted around the new Orono Substation.8 Xcel Energy proposes to use steel single-pole structures with spans of approximately 300 to 500 feet between poles. The structure heights of these poles are anticipated to range between 70 to 90 feet for the single-circuit structures and between 75 to 115 feet for the double-circuit structures. Xcel Energy requested a route width of approximately 400 feet, or 200 feet either side of the proposed alignment. The anticipated right-of-way for the new transmission line would be 75 feet.9 The Project is located entirely within the city of Orono in Hennepin County. The Project will cost approximately $5.3 million dollars.19 Procedural History On June 7, 2011, Xcel Energy filed its application for an HVTL Route Permit and approval of the proposed Orono Substation replacement." On December 2, 2011 , the OES issued a Notice of Public Hearing giving advance notice of the public hearing to parties on the service list, interested persons, 6 Notice of Comment Period, OAH 8-2500-22429-2 at 1 (E-Docket No. 20121-70260-01). See, Hearing Transcript, OAH 8-2500-22429-2 at 2 (E-Docket No. 20121-69850-01). 8 Order, MPUC Docket No. E-002/TL-11-223, supra. 9 Id. 10 Id. 11 Application, MPUC Docket No. E-002/TL-11-223 (E-Docket No. 20116-63311-01). 2 landowners, and governmental units. On December 14, 2010, the Applicant filed an Affidavit of Publication of the Notice of Public Hearing.12 Summary of Public Testimony Michael and Leena Kallivayalil, residents of the Huntington Farm neighborhood, assert that the Applicant's proposal for substation expansion relies too heavily on the fact that it already owns the underlying property, when, other nearby properties would be better suited to host the larger, upgraded station. Further, the Kallivayalils argue that the shielding techniques proposed by the Applicants are not adequate to address the visual and other impacts from an expanded substation.13 Melissa Fogelberg, a resident of the Huntington Farm neighborhood, joins the Kallivayalils in arguing that the substation expansion should not occur at the existing substation site. Specifically, Ms. Fogelberg argues that the applicant's proposal is at odds with both the City of Orono's land use plans as well as the efforts of the Minnesota Department of Transportations to improve the aesthetics of the Highway 12 corridor. Further, she submitted that any uncertainty as to the impacts to human health from electromagnetic field emissions from such facilities should be resolved in favor of homeowners by siting such stations as far away as possible from residential areas. She urges the Commission to withhold approval until the Applicant "has adequately, vigorously and diligently pursued other locations for the substation."14 Joining the Kallivayalils in asserting the mitigation measures proposed by the Applicants are inadequate to shield a facility of the proposed substation's size and dimension, in the alternative, she urges the Commission to consider the type of shielding methods used for substations in Britain and Japan.15 Kelly Grissman, Senior Manager of Planning for the Three Rivers Park District, testified as to the impacts that one of the transmission line routing alternatives would have to the Baker Regional Park Reserve. The Reserve is a 3,000 acre set of parcels that provide natural habitat, recreation and a trail system in Orono, Minnesota. Ms. Grissman asserted that the proposed routing would not benefit the reserve. Moreover, she argued that because the buffer zones which separate habitat and recreational areas in the reserve from Highway 12, would be narrowed under the routing alternative, that alternative would degrade the Reserve's plans and uses.16 Paul Fraser, a resident of the Huntington Farm neighborhood, concurred with Ms. Fogelberg's assessment that more could be done to shield and reduce the visual impacts from an expanded substation. Mr. Fraser argued that because the uses that 12 Affidavit of Publication, OAH 8-2500-22429-2 (E-Docket No. 201112-69250-01). 13 See, Hearing Transcript, OAH 8-2500-22429-2 at 18 -28 (E-Docket No. 20121-69850-01). 14 Id., at 40. 15 Id., at 39. 16 Id., at 41 -47. 3 are adjacent to the substation site are a park reserve and a residential area, more mitigation should be required before any application is approved by the Commission." Tom Luninski, a resident of Orono, inquired as to whether there would be a change in the capacity of the transmission line as a result of the project. Members of the Applicant panel confirmed that Xcel had no plans to change or upgrade the 0831 transmission line over the course of a 20-year planning period. Summary of Written Comments Peter and Carla Schoon, residents of the Huntington Farms neighborhood and members of its neighborhood association, urged selection of a route alternative that runs along the north side of Highway 12. Additionally, the Schoons asserted that not enough effort was being made to minimize visual impacts of the proposed line and substation.19 Timothy Jason Admonius, a resident of the Huntington Farms neighborhood and a member of its neighborhood association, wrote to urge alternatives to the proposed route, but not that which would route the transmission line into the Baker Regional Park Reserve north of Highway 12.20 Paul and Melissa Fogelberg, submitted written comments in advance of the public hearing. Those comments detail the inquiries and conclusions the Fogelberg's have made about alternatives to the proposed substation expansion. Specifically, the Fogelbergs assert that the benefits of avoiding additional land acquisition costs do not justify siting a substation of the size proposed by the Applicant at County Road 6 and Highway 12. The Fogelbergs urge a searching review by the Commission of the alternatives to the preferred substation location, and if there are no alternatives, permitting adjacent landowners to have a role in planning mitigation measures. Lastly, the Folgelbergs include photographs of substation mitigation methods that they assert have been effective in other locales.21 Michael and Leena Kallivayalil, residents of the Huntington Farm neighborhood, submitted written comments that followed their earlier testimony at the public hearing. In their written remarks, the Kallivayalil's again urged the selection of available properties in Orono that were not adjacent to residential neighborhoods for the substation expansion. Pointing to the potential health impacts, and the potential 17 Id., at 48 -54. 18 Id., at 55 -56. 19 See, Comments of Peter and Carla Schoon (December 5, 2011). 20 See, Comments of Timothy Jason Admonius (December 6, 2011). 21 See, Comments of Paul and Melissa Fogelberg (December 15, 2011). 4 impacts to the value of nearby homes, the Kallivayalils' comments identify parcels that that they assert are more appropriate for the project.22 Boe Carlson, Acting Superintendent of the Three Rivers Park District, submitted comments as the owner and operator of the Baker Regional Park Reserve. Superintendent Carlson wrote to oppose the Baker Reserve routing alternative. He asserts that routing the transmission line through the park reserve would violate the Land and Water Conservation Fund Act, the restrictive covenants placed on the uses for reserve land, and the mission, policies and practices of the Reserve. Additionally, Superintendent Carlson argues that because of the adverse impacts associated with this route alternative — particularly to habitat — that this alternative is an inferior choice to other routing options.23 By way of a follow-on letter, Kelly Grissman, Senior Manager of Planning for the Three Rivers Park District, asserted that the kind of noise assessments made with respect to the proposed substation, should likewise be made as to the noise impacts that would occur if the proposed transmission line were routed along the Baker Reserve routing alternative. Ms. Grissman urges the Commission to direct that these assessments be undertaken if the Baker Reserve routing alternative is "seriously being considered as a viable option ...." She asserts that the removal of buffer areas associated with the proposed alternative would trigger undue noise impacts to those using the park reserve.24 Michael P. Gafforn, Assistant City Administrator, submitted comments on behalf of the City of Orono. Like many of the residents of the Huntington Farms neighborhood, the City expressed concerns over the visual impacts of the proposed substation. Specifically, it urged the Commission to condition any approval of the application on the installation of effective, natural measures to screen the visual impacts of the proposed substation. In its comments it detailed a number of interventions that it regards as necessary — such as the installation of trees of certain types and height. Additionally, the City seeks an opportunity to have its engineer review finalized site plans before project construction begins.25 Jamie Schrenzel, Principal Planner for the Minnesota Department of Natural Resources' Environmental Review Unit, submitted comments on behalf of the Department. She urged greater coordination between agency permitting activities, in general, and as to this project in particular, because the mitigation measures raise matters of common concern. Specifically, Ms. Schrenzel recommended that the mitigation plans require compliance with the winter construction methods required by Minn. R. 6135.1300, deployment of Swan Flight Diverters along the transmission line 22 See, Comments of Michael and Leena Kallivayalil (December 16, 2011). 23 See, Comments of the Three Rivers Park District (January 5, 2012). 24 See, Comments of the Three Rivers Park District (January 31, 2012). 25 See, Comments of the City of Orono(January 6, 2012). 5 alignment so as to reduce collisions by trumpeter swans and annotation of project plans or materials so as to specify where these diverters will be placed.26 Dated: March 5, 2012 s/Eric L. Lipman ERIC L. LIPMAN Administrative Law Judge NOTICE This report contains a summary of public testimony. It is not a final decision. Pursuant to Minn. R. 7850.3900, the Commission will make the final determination of following a review of the record from the administrative law judge. 26 See, Comments of the Minnesota Department of Natural Resources (January 6, 2012). 6 11011.- 1 MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 600 North Robert Street Saint Paul,Minnesota 55101 Mailing Address: Voice: (651)361-7900 P.O.Box 64620 TTY: (651)361-7878 St.Paul,Minnesota 55164-0620 Fax: (651)361-7936 March 5, 2012 Deborah R. Pile Supervisor, Energy Facility Permitting Minnesota Office of Energy Security Suite 500 85 Seventh Place E St. Paul, MN 55101-2198 Re: In the Matter of the Route Permit Application for the Orono Substation Replacement and new 115 kV Transmission Line Project OAH 8-2500-22429-2; MPUC E002 / TL-11-223 Dear Ms. Pile: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Summary of Public Testimony in the above-entitled matter. Also enclosed is the official record. Our file in this matter is now closed. Sincerely, s/Eric L. Lipman ERIC L. LIPMAN Assistant Chief Administrative Law Judge Telephone: (651) 361-7842 ELL:dc Enclosure cc: Dr. Burl W. Haar Attached Edockets Service List STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION PO BOX 64620 600 NORTH ROBERT STREET ST. PAUL, MINNESOTA 55164 CERTIFICATE OF SERVICE In the Matter of the Route Permit Application OAH 8-2500-22429-2 for the Orono Substation Replacement and MPUC E002 /TL-11-223 new 115 kV Transmission Line Project Denise Collins, certifies that on the 5th day of March, 2012, she served a true and correct copy of the attached SUMMARY OF PUBLIC TESTIMONY by placing it in the United States mail or by courier service with postage prepaid, addressed to the following individuals: Deborah R. Pile Burl W. Haar Supervisor, Energy Facility Permitting Executive Secretary Minnesota Office of Energy Security MN Public Utilities Commission Suite 500 350 Metro Square Building 85 Seventh Place E 121 Seventh Place E St. Paul, MN 55101-2198 St. Paul, MN 55101 Attached Edockets Service List • Assigned Service List Members - Windows Internet Explorer I— ❑ IX https state.mn.us a State ofMinnesota[US] I E Elle Edit View Favorites Tools Help X ®Snagit ® b]' Print Close Service List Member Information Electronic Service Member(' Delivery View Last Name First Name Email Company Name Trade Method Secret Anderson Julia Julia Anderson@ag state inn us Office of the Attorney General-DOC Electronic Service Yes Ferguson Sharon sharon ferguson@state.mn.us Department of Commerce Electronic Service No Haar Burl 4"d burl haar@state mn us Public Utilities Commission Electronic Service Yes Lindell John agorud ecf@ag state mn.us Office of the Attorney Genetal-RUD Electronic Service Yes Sedarski Joseph G joseph g sedarski@xcelenergy.corn Xcel Energy Electronic Service No Print Close Done fa Internet j ' `x:125% - Xcel Energy 414 Nicollet Mall �Ef��ME1�EE IT MATURE" Minneapolis, Minnesota 55401-1993 May 2, 2012 VIA ELECTRONIC FILING AND DELIVERY TO ATTACHED SERVICE LIST Re: Orono Substation Replacement and New 115 kV Transmission Line Project Route Permit Compliance Filings Docket No. E002/TL-11-223 Dear Property Owner: On April 6, 2012, the Minnesota Public Utilities Commission (PUC or Commission) issued Northern States Power Company, a Minnesota corporation (Xcel Energy) a Route Permit to replace and modify the existing Orono Substation and to construct a new 115 kV transmission line between the expanded Orono Substation and Xcel Energy's existing 115 kV transmission Line 0831 in the City of Orono (Project). You are receiving this letter and enclosed information in compliance with Route Permit General Conditions 4.4 and 4.5, and Special Condition 5.3. Special Condition 5.3 provides: "Within 60 days of the issuance of this permit, the Permittee shall submit a preliminary design plan for the replacement substation to the Commission, the city of Orono, the Huntington Farm Home Owners Association, and property owners of record with properties located south of U.S. Highway 12, west of the U.S Highway 12/Hennepin County Road 6interchange, and within 2,500 feet of the proposed fenced area of the replacement substation. The preliminary design shall include, at a minimum, details concerning the location of the replacement substation on the site, grading of the site, the size and type of noise walls to be installed around the transformer location,fencing, lighting, and landscaping including location and dimension of proposed berms and vegetation around the replacement substation. The Permittee shall allow the Commission, the city of Orono, the Huntington Farm Home Owners Association, and local landowners a minimum of 30 days to review and provide comments on the preliminary design." Orono Substation Replacement and New 115 kV Transmission Line Project May 2,2012 Page 2 of 3 Enclosed for your review and comment are three different design options for berming/landscaping around the planned Orono Substation, as well as proposed site plan, fencing, lighting, and noise wall details. Attached to this letter are the following proposed design documents: 1. Proposed Site Layout — aerial map indicating proposed project as permitted by the PUC; 2. Option 1 — proposed site layout including new landscaping and no berm on west side of new substation facility(NH-246796-1 Option 1); 3. Option 2 —proposed site layout including new landscaping and berm on west side of new substation facility on Xcel Energy property (NH-246796-1 Option 2); 4. Option 3 —proposed site layout including new landscaping and berm on Xcel Energy property and extending west onto Huntington Farm Home Owners Association property(NH-246796-1 Option 3); 5. Elevation 1 —elevation view of Option 1 above(NH-11399043-LO1); 6. Elevation 2—elevation view of Option 3 above(NH-11399043-LO3); 7. Detail Sheets (3) —indicating proposed lights, lighting locations, fencing, etc. (NH-11553395); and 8. Preliminary Plan and Profile of transmission structures and conductors indicating structure locations,heights, etc. (NH-253583-1). Xcel Energy will hold a public meeting on May 15, 2012, from 6 to 8 p.m. at the Orono City Hall, 2750 Kelley Parkway, Orono, MN to discuss the options and design information, obtain landowner comments and answer any questions landowners have regarding the Project. If you are not able to attend the meeting, please provide any comments or questions you have in writing via fax, email or U.S. Mail to my attention as noted below. All comments must be received by Xcel no later than June 8, 2012. Xcel Energy will then finalize the Orono Substation replacement design and provide a final version of the substation design to you once complete. General Conditions 4.4 and 4.5 require Xcel Energy to provide all affected landowners with a copy of the Route Permit, the complaints procedures, , and a copy of the Landowner Guide to Easements (June 3, 2011, Fact Sheet entitled "Rights-of-Way and Easements for Energy Facility Construction and Operation") publication provided by the Minnesota Department of Commerce (DOC). Please find attached to this letter a copy of the Route Permit, the complaints procedures, and the DOC easement publication. We look forward to your comments on the proposed design of the Orono Substation. Please review the enclosed materials and feel free to contact me with any questions. Orono Substation Replacement and New 115 kV Transmission Line Project May 2,2012 Page 3 of 3 Sincerely, XCEL NERGY Chris Rogers Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 612-330-6078, office 612-202-0343, cell Christopher.c.rogers@xcelenergy.com cc: Service List(attached) Suzanne Steinhauer, Minnesota Department of Commerce-Energy Facilities Permitting Enc. Route Permit(April 6, 2012) Complaints Procedures June 3, 2011 DOC Fact Sheet"Rights-of-Way and Easements for Energy Facility Construction and Operation Preliminary Plan and Profile(April 23, 2012) NH-253583-1 Preliminary Orono Substation Replacement Design Documents (April 24, 2012) ORONO SUBSTATION ORONO, MINNESOTA S PROJECT LOCATION +s s LOCATION MAP SHEET INDEXOrr � 11: c,.o TITLE SHEET C2.0 EQUIPMENT LAYOUT L NOT FOR CONSTRUCTION 7 C3.0 DETAILS C4.0-C4.2 LANDSCAPE PLAN P R E L I M I N A R Y onoNo.MN O.no. 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E -7- - ; - — ' — r— -----:- ---- -=.-- d sr - - -- ...1--,—. 4-4-- -7-- _. --7- **. awe mi:se ' *so —iows ow. r ——i —1 PRELIMINARY 04-23-12 oes...ordronommeor wro.,••••ws we esogrumem••••••••ffonmeme••••••••••••••••.4 la ilbelk.Or I 0831 I NH-28388-.-71-i—f'r AFFIDAVIT OF MAILING I,Christopher C. Rogers,hereby ccrtify that on May 2,2012, I deposited in the U.S. mail at Minneapolis,Minnesota,a copy of the following mailing notice (copy attached),related information, and a copy of the Route Permit addressed to all persons on the attached service list. The mailing notice,related information,and Route Permit were sent pursuant to General Conditions,Sections 4.4 and 4.5 and Special Condition Section 5.3, of the Route Permit and were sent by U.S. mail. Notice of Route Permit for Construction of a High-Voltage Transmission Line and Associated Facilities in Hennepin County Issued to Northern States Power Company, a Minnesota corporation,PUC Docket No. E002/TL-11-223 Dated this 2nd day of May 2012. Subscribed and sworn to before me this 2nd day of May 2012. a. 0,4, Notary Public BONNIE J.ANDERSON Notary Public, ,' I^ Minnesota My Commission Expires Jenuary 1t,1014 Service List Docket No. E002/TL-11-223 Orono Substation Replacement and New 115 kV Transmission Line Project ANITA D LANG ANTHONY R KMETZ ANDREW STILLMAN 615 ORCHARD PARK RD 640 ORCHARD PARK RD 18205 BREEZY POINT RD. LONG LAKE MN 55356 LONG LAKE MN 55356 WOODLAND, MN 55391 BRADLEY & LYNN ADAMS BEN & DONNA MEINHARDT BRUCE DEWITT 3745 JACOBS MILL RD 101 5TH AVE N 2145 6TH AVE N ORONO MN 55356 HOPKINS MN 55343 LONG LAKE MN 55356 BRANDON W HOWE BRIAN D SISKA BRIAN J KERBER 4185 SIXTH AVE N 560 KOKESH FARM RD 740 ORCHARD PARK RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 CHRISTOPHER & HEIDI BNSF RR CO HEDBERG CRAIG & ELIZABETH WILLIAMS PROPERTY TAX DEPT 3940 WATERTOWN RD 4340 6TH AVE N PO BOX 961089 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 FORT WORTH TX 76161 CHARLES E LARSON CITY OF ORONO DONNELL D & HENRIETA 4285 6TH AVE NO P 0 BOX 66 THOMAS LONG LAKE MN 55356 CRYSTAL BAY MN 55323 585 ORCHARD PARK RD LONG LAKE MN 55356 DAVID C & SUSAN L WILSON DOUGALS & KAREN HICKEY DOUGLAS E WINTERS 840 HUNT FARM RD 4301 SPRUCE WAY 680 ORCHARD PARK RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 D STEVEN & BARBARA COLLINS DIANE M ERICHSEN ERIC CREAR 3680 JACOBS MILL RD 4225 WATERTOWN RD 4040 WATERTOWN RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 LAVON DETERMAN PETER &AMY PASSOLT GREGORY A CARLSON 4320 SIXTH AVE N 885 HUNT FARM ROAD 3720 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE, MN 55356 LONG LAKE MN 55356 HUNTINGTON FARM HOME JAMES D LESLIE JAMES & DEBORAH DEANOVIC OWNERS ASSN 575 KOKESH FARM RD 3465 AMESBURY LA P O BOX 4224 MAPLE PLAIN MN 55359 EDEN PRAIRIE MN 55347 HOPKINS MN 55343 JOHN & KIMBERLY PUCKETT JAMES JAY JOHNSON JASON & MEGAN GEHRMAN 4100 WATERTOWN RD 4300 WATERTOWN RD 4300 6TH AVE N MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 Service List Docket No. E002/TL-11-223 Orono Substation Replacement and New 115 kV Transmission Line Project JEFFREY R & KARI A AMENT JOHN FORT JR/KRISTIN M FORT JOHN S & KIMBERLY S PUCKETT 3675 JACOBS MILL RD 585 STUBBS BAY RD N 4100 WATERTOWN RD ORONO MN 55356 LONG LAKE MN 55356 MAPLE PLAIN MN 55359 JOHN T REDMOND KURUVILLA M KALLIVAYALIL KOKESH FARM HOMEOWNERS 32406 STINSON RIDGE RD 760 HUNT FARM RD ASSOC HOUSTON MN 55943 LONG LAKE MN 55356 575 KOKESH FARM RD MAPLE PLAIN MN 55359 LAWRENCE LUBBERS JR MARK D LITECKY MICHAEL L & REBECCA A 4225 SIXTH AVE N 2219 STINSON PKWY NELSON LONG LAKE MN 55356 MINNEAPOLIS MN 55418 4260 SIXTH AVE N LONG LAKE MN 55356 MICHAEL R & MARY E PLANK MAGDALEN M PIDGEON MATT G VANSLOOTEN 327 N CARRINGTON AVE 3625 EILEEN ST 3640 JACOBS MILL RD BUFFALO WY 82834-1615 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 MATT G VANSLOOTEN MICHAEL R & MARY E PLANK PAUL & MELISSA FOGELBERG 2016 MEETING ST 327 NORTH CARRINGTON 870 HUNT FARM RD WAYZATA MN 55391 BUFFALO NY 82834 LONG LAKE MN 55356 PETER M & CARLA F SCHOON PAUL & NANCY 0 FRASER PAMMALEE M SAWCHUK 994 HUNT FARM RD 830 HUNT FARM RD 4105 WATERTOWN RD LONG LAKE MN 55356 LONG LAKE MN 55356 MAPLE PLAIN MN 55359 PARK GUN CLUB C/O TOM ROBERT C & JULIE HANNING JR R A LANG & M LANG LYNCH 4220 CTY RD NO 6 480 ORCHARD PARK RD 3100 BRYANT AVE S LONG LAKE MN 55356 LONG LAKE MN 55356 MINNEAPOLIS MN 55408 RICHARD & ROBERTA SCHMIDT R C TAYLOR & S SKAY-TAYLOR RANDALL J WEESTRAND 3980 WATERTOWN RD 530 STUBBS BAY RD N 525 ORCHARD PARK RD MAPLE PLAIN MN 55359 LONG LAKE MN 55356 LONG LAKE MN 55356 ROBERT J & JUDITH A WYATT ROBERT K & MARY A RICHARD L LEDSTROM SANSEVERE 4220 WATERTOWN RD 3465 COUNTY RD#6 MAPLE PLAIN MN 55359 745 ORCHARD PARK RD LONG LAKE MN 55356 LONG LAKE MN 55356 ROBERT J & LORRAINE E JIM WHALEN RUSSELL R WOJCIESZAK RODEN 14425 38TH AVE N P 0 BOX 248 460 ORCHARD PARK RD PLYMOUTH MN 55446 LONG LAKE MN 55356 LONG LAKEMN 55356 Service List Docket No. E002/TL-11-223 Orono Substation Replacement and New 115 kV Transmission Line Project STEPHEN M KROGNESS STEVEN M HARRIS MN DEPT OF TRANSPORTATION 605 STUBBS BAY RD N 3850 WATERTOWN RD ROW DEPT LONG LAKE MN 55356 MAPLE PLAIN MN 55359 395 JOHN IRELAND BLVD ST PAUL MN 55155 STEVEN P PERSIAN THOMAS F ADAMS THREE RIVERS PARK DISTRICT 1005 HUNT FARM RD 500 ORCHARD PARK RD 3000 XENIUM LA N LONG LAKE MN 55356 LONG LAKE MN 55356 PLYMOUTH MN 55441 TIMOTHY JASON ADMONIUS TODD & DONNA GAUSE WILLIAM D WYATT 755 HUNT FARM RD 480 STUBBS BAY RD 4235 N 6TH AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 WILLIAM R/MICHELLE K WILLIAM T & DONNA M OSTVIG WILLIAM B/LYNAE M L LANGTON PETERSON 3560 SIXTH AVE N 825 HUNT FARM RD LONG LAKE MN 55356 420 ORCHARD PARK RD LONG LAKE MN 55356 LONG LAKE MN 55356 WILLIAM HIBBS WILLIAM/LAUREL MACLACHLAN 4360 SIXTH AVE N 3565 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 NORTHERN STATES POWER COMPANY CERTIFICATE OF SERVICE APPLICATION TO THE MINNESOTA PUBLIC ALTERNATIVE PERMITTING PROCESS UTILITIES COMMISSION FORA ROUTE PERMIT MPUC DOCKET No.E002/TL-11-223 ORONO SUBSTATION REPLACEMENT AND NEW 115 KV TRANSMISSION LINE PROJECT Theresa Senart certifies that on the 2nd day of May, 2012, she filed a true and correct copy of the Preliminary Design of Orono Substation Replacement by posting the same on www.edockets.state.mn.us. Said Preliminary Design of Orono Substation Replacement has also been served via U.S. Mail or e-mail as designated on the Official Service List on file with the Minnesota Public Utilities Commission in the above-referenced docket. 7w'Thereba/Senow t I heresa Senart 4212122v6 First Name Last Name Email Company Name Address Delivery Method View Trade Secret Service List Name Julia Anderson Julia.Anderson@state.mn.0 Office of the Attorney '1400 BRM Tower Electronic Service Yes OFF_SL_11-223_Offcial General-DOC 445 Minnesota St St.Paul, MN 551012131 Sharon Ferguson sharer ferguson@state.mn Department of Commerce 85 7th Place E Ste 500 Electronic Service No OFF_SL_11-223_O1ficiai .us Saint Paul, MN 551012198 Burl W. Haar burl.haar@state.mn.us Public Utilities Commission Suite 350 Electronic Service Yes OFF_SL_11-223_Olficial 121 7th Place East St.Paul, MN 551012147 John Lindell agorud.ecf@state.mn.us Office of the Attorney 900 BRM Tower Electronic Service Yes OFF_SL_11-223_Ofticlal General-RUD 445 Minnesota St St.Paul, MN 551012130 Joseph G. SedersId Joseph.g.sedarskiikcelene Xcel Energy 414 Nicollet Mall(MP 8) Electronic Service No OFF_SL_11-223_Official rgy.com Minneapolis, MN 55401 AFFIDAVIT OF MAILING I, Christopher C. Rogers, hereby certify that on May 7,2012,I deposited in the U.S.mail at Minneapolis,Minnesota, a copy of the following mailing notice (copy attached),related information, and a copy of the Route Permit addressed to all persons on the attached service list. The mailing notice,related information,and Route Permit were sent pursuant to General Conditions,Sections 4.4 and 4.5 and Special Condition Section 5.3, of the Route Permit and were sent by U.S.mail Notice of Route Permit for Construction of a High-Voltage Transmission Line and Associated Facilities in Hennepin County Issued to Northern States Power Company, a Minnesota corporation,PUC Docket No. E002/TL-11-223 Dated this 7th day of May 2012. a Subscribed and sworn to before me this 7th day of May 2012. Notary Public BONNIE J.ANDERSON Notary public --kw Minnesota My Co rnl ExpJanuary 21.2014 Service List Docket No. E002/TL-11-223 Orono Substation Replacement and New 115 kV Transmission Line Project JAMES & DEBORAH DEANOVICH RUSSELL R WOJCIESZAK MAGDALEN M PIDGEON 5116 MIRROR LAKES DRIVE 3515 6TH AVENUE 2910 HIGHLAND COURT MINNEAPOLIS, MN 55436 ORONO, MN 55356 MOUND, MN 55364 Il/ BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION 'apt) On y of c, ?p�? Phyllis Reha Vice Chair Op, J. Dennis O'Brien Commissioner David Boyd Commissioner Betsy Wergin Commissioner Joseph G. Sedarski SERVICE DATE: April 6, 2012 Northern States Power Company, a Minnesota Corporation DOCKET NO. E-002/TL-11-223 Xcel Energy Services, Inc. 414 Nicollet Mall, MP-8 Minneapolis, MN 55401 In the Matter of the Application for a HVTL Route Permit for the Orono Substation Expansion and New 115 kV Transmission Line Project The above entitled matter has been considered by the Commission and the following disposition made: Approved and adopted the Findings of Fact, Conclusions of Law and Order for the Xcel Energy Orono Substation Replacement and new 115 kV Transmission Project (PUC Docket No. E-002/TL-11-223)which: 1. Determines that the environmental assessment and record created at the public hearing address the issues identified in the EA Scoping Decision; 2. Designates the proposed HVTL route and replacement of the Orono Substation as the route/site for the construction and implementation of the Orono Substation Replacement and 115 kV Transmission Line Project and associated facilities; and 3. Issues a HVTL Route Permit,with appropriate conditions, to Northern States Power Company, a Minnesota corporation (Xcel Energy). The Commission agrees with and adopts the recommendations of the Department of Commerce, which are attached and hereby incorporated into the Order. This Order shall become effective immediately. BY ORDER OF THE COMMISSION `@ Burl W. Haar Executive Secretary This document can be made available in alternative formats (i.e. large print or audio) by calling 651.296.0406 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1.800.627.3529 or by dialing 711. MINNESOTA DEPARTMENT OF LCOMMERCE BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION COMMENTS AND RECOMMENDATIONS OF THE MINNESOTA DEPARTMENT OF COMMERCE ENERGY FACILITY PERMITTING STAFF DOCKET No. E002/TL-11-223 Meeting Date: April 5, 2012 Agenda Item #U Company: Northern States Power Company, a Minnesota corporation (Xcel Energy) Docket No. PUC Docket Number: E002/TL-11-223 In the Matter of the Application for a HVTL Route Permit for the Orono Substation Expansion and New 115 kV Transmission Line Project. Issue(s): Should the Commission find that the environmental assessment and the record adequately address the issues identified in the scoping decision? Should the Commission issue a route permit identifying a specific route and permit conditions for the Orono Substation Expansion and New 115 kV Transmission Line Project? DOC Staff: Suzanne Lamb Steinhauer 651-296-2888 Relevant Documents -. - Northern States Power Company HVTL Route Permit Application June 6, 2011 Commission Application Acceptance Order June 30, 2011 Environmental Assessment Scoping Decision September 14, 2011 Environmental Assessment November 30, 2011 Environmental Assessment (Corrected Appendix B) December 13, 2011 Noise Assessment January 13, 2012 Administrative Law Judge's Public Hearing Summary March 5, 2012 This document can be made available in alternative formats (i.e., large print or audio) by calling 651-296-0391 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1-800-627-3529 or by dialing 711. DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 2 The enclosed materials are work papers of the Department of Commerce (Department) Energy Facility Permitting (EFP) staff. They are intended for use by the Public Utilities Commission (Commission) and are based on information already in the record unless otherwise noted. Documents Attached. 1. Site map illustrating the study area in which the route will be located. 2. Proposed Findings of Fact, Conclusions, Order. 3. Proposed HVTL Route Permit. (Note: Relevant documents and additional information can be found on eDockets (E002/TL-11- 223) Statement of the Issue Should the Commission find that the Environmental Assessment (EA) and the record adequately address the issues identified in the Scoping Decision? Should the Commission issue a high voltage transmission line (HVTL) route permit identifying specific routes and other permit conditions for the proposed Orono Substation Replacement and 115 kV Transmission Line Project? Introduction On June 7, 2011, Northern States Power Company, a Minnesota corporation (Xcel Energy or Applicant), submitted a high voltage transmission line (HVTL) Route Permit application to the Commission for the proposed Orono Substation Replacement and 115 kV Transmission Line Project (Project). Project Description The Project, as proposed by the Applicant, would replace the existing 69 kV Orono Substation with a new 115 kV Substation at the same location, but with a larger footprint. The Project -would connect the new substation to the existing Xcel Energy 115 kV transmission line 0831 through a new double circuit 115 kV transmission lines of approximately 2,040 feet. The Project would also remove approximately 0.4 miles of 115 kV transmission line and replace it with approximately 0.2 miles of new single circuit 115 kV transmission line. While not part of the Route Permit requested by Xcel Energy, approximately 400 feet of the existing Great River Energy 69 kV transmission line BD would be rerouted around the new Orono Substation. Xcel Energy proposes to use steel single-pole structures with spans of approximately 300 to 500 feet between poles; structure heights are anticipated to range from 70 to 90 feet for the single- circuit structures to 75 to 115 feet for the double-circuit structures. In the route permit application, Xcel Energy requested a 400 foot route width for the entire length of the proposed transmission line route, 200 feet on each side of the centerline of the proposed route. Over the course of the proceedings, Xcel Energy identified a somewhat narrower route, varying from 100 to 200 feet in width, described in detail in Finding 14, and shown in the Route Map attached to the proposed permit. The anticipated right-of-way for the new transmission line would be 75 feet. DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 3 The Project is located entirely within the city of Orono in Hennepin County. The Project will cost approximately$5.3 million dollars. State Regulatory Process and Procedures Minnesota Statutes § 216E.03, subd. 2, provides that no person may construct a high voltage transmission line without a route permit from the Commission. An HVTL is defined as a transmission line of 100 kV or more and greater than 1,500 feet in length in Minnesota Statutes § 216E.01, subd. 4. The proposed transmission line in the route permit application is an HVTL and therefore a route permit is required prior to construction. The route application was reviewed under the Alternative Permitting Process (Minn. R.7850.2800 to 7850.3900) of the Power Plant Siting Act (Minnesota Statutes § 216E). The Alternative Permitting Process is shorter than the full permitting procedures and does not require the Applicant to propose alternative routes to the preferred route, but does require the Applicant to disclose rejected route alternatives and an explanation of why they were rejected. Route Permit Application and Acceptance On June 7, 2011, Northern States Power Company, a Minnesota corporation (Xcel Energy or Applicant) applied for a high-voltage transmission line route permit to construct a new 115 kV transmission line and modifications to the existing Orono Substation Replacement and 115 kV Transmission Line Project in the city of Orono in Hennepin County, Minnesota. The Commission released an order on June 30, 2011, finding the route permit application to be complete and initiating the alternative review process. There was no Advisory Task Force established for this routing docket:- Public Information and Environmental Assessment Scoping Meeting The Department's EFP staff is responsible for conducting the environmental review for route permit applications to the Commission (Minn. Rules 7850.3700). Environmental review for a project of this size requires a public information/scoping meeting, development of a Scoping Decision and the preparation of an environmental assessment (EA). An EA examines the potential human and environmental impacts of a proposed project, alternative routes for the project, and potential mitigative measures. Minnesota Rule 7850.2300, subpart 2, requires notice of the public information and scoping meeting to appear 10 days before the meeting is held. On July 26 and 27, 2011, EFP staff sent notice of the place, date and times of the Initial Public Information and Scoping meeting to those persons on the project contact list maintained pursuant to Minn. Rule 7850.2300, subpart 1.B. Xcel Energy, on behalf of EFP staff, published the Notice of Public Information and Scoping Meeting in the in the Wayzata Lakeshore Weekly News on August 2, 2011. On Wednesday, August 10, 2011, EFP staff held a public information and scoping meeting at the Orono City Council Chambers in Orono, Minnesota. DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 4 Approximately seven people attended the public information and scoping meeting; two individuals took the opportunity to speak on the record. A court reporter was present to document oral statements. Written comments were due no later than Friday, August 26, 2011. EFP received four comment letters during the scoping comment period. Xcel Energy also submitted a comment letter after the close of the comment period. Issues raised during the scoping period included: alternative routes and substation sites, purpose and need for the project, aesthetic impacts, impacts to wetlands and water resources, tree removal, relationship of the project to land use and planning, noise and air pollution, election of the proposed route, structure types, and potential for future expansion. After the close of the comment period Xcel Energy also submitted a letter addressing alternative substation sites proposed during the scoping period. These items and issues, along with the typical HVTL routing impacts, have been incorporated into the EA Scoping Decision. Scoping Decision The items, issues and alternatives raised during the scoping meeting and comment period were reviewed in preparation of the proposed EA Scoping Decision. An alternative route through the Baker Park Reserve and four alternative substation sites were proposed during the scoping period. The EA Scoping Decision identified two routes to be evaluated: The Xcel Energy Proposed Route, and the Baker Park Reserve Route Alternative. No alternative substation sites were included in the EA Scoping Decision. No additional substation sites were included in the EA Scoping Decision. The Department released its EA Scoping Decision on September 14, 2011. EFP staff provided a Notice of Scoping Decision to all parties on the project contact list. Environmental Assessment An EA must be prepared for all high-voltage transmission projects being reviewed under the alternative permitting process. The procedures EFP staff must follow in preparing the EA are described in Minnesota Rule 7850.3700. The EA contained information on the human and environmental impacts of the proposed project as identified in the scoping decision document. It also addressed required methods to avoid, minimize, and mitigate such impacts for all routes considered. The EA is the only state environmental review document required to be prepared for _ _ this project. EFP staff released the EA on November 30, 2011. A corrected version of Appendix B of the EA was e-filed on December 13, 2011; the print version supplied for public review contained the correct version of Appendix B. EFP staff noticed the availability of the EA in mailings to interested persons and local government officials on November 30, 2011. Notice of the availability of the EA was published in the EQB Monitor on December 12, 2011. Public Hearing EFP staff made request to the Minnesota Office of Administrative Hearings for an administrative law judge (ALJ) to preside over the public hearing and provide a summary of testimony. EFP staff issued a Notice of Public Hearing on November 30, 2011, and provided the Notice to all individuals on the project contact list and to local officials. The notice of the public hearing was DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 5 published in the Wayzata Lakeshore Weekly News on November 29, 2011, and in the Plymouth, Wayzata, Orono, and Long Lake Sun Sailor on December 1,2011. A public hearing was held on December 15, 2011, at the Orono City Council Chambers. ALJ Eric L. Lipman presided over the hearing; the comment period was open for written comments through January 6, 2012, and was extended until January 31, 2012, to allow for comments on the Noise Assessment prepared by Xcel Energy. Approximately 10 members of the public attended the public hearing; six persons took the opportunity to speak on the record. Ten comment letters were submitted to the All during the comment period for the public hearing. The ALJ released a Summary of Testimony and Written Comments on March 5, 2012. Staff from the Minnesota Pollution Control Agency also submitted a comment letter during the comment period; this letter was inadvertently left of out the All summary report and was filed separately by EFP staff. The MPCA letter is included as Exhibit 23 in the Exhibit List attached to the proposed Findings. Public Hearing Comments Comments and questions received during the public hearing related to the location of the substation, screening and other mitigation for the replacements substation, suitability of the Baker Park Reserve as a route alternative, minimizing impacts from the Painter Creek crossing, use of swan flight diverters, impacts to water quality, and potential soil and groundwater contamination. Standards for Permit Issuance The Power Plant Siting Act sets standards and criteria and outlines the factors to be considered in determining whether to issue a permit for a high voltage transmission line (Minn. Stat. § 216E and Minn. R. 7850.4000). The law also allows the Commission to place conditions on high voltage transmission line permits (Minn. Stat. § 216E.03 and Minn. R. 7850.4600). EFP Staff Analysis and Comments EFP staff has prepared the attached proposed Findings of Fact, Conclusions of Law, and Order and proposed Route Permit. The Findings show that the alternative permitting process has been conducted in accordance with Minn. R. 7850.2800 to 7850.3900, identify route impacts and mitigation measures, and make conclusions of law and order. The proposed route permit includes measures to ensure the line is constructed in a safe, reliable manner and that impacts are minimized or mitigated. EFP staff reached its conclusions and recommendations based on the analysis in the EA and the comments received in this record. The record supports several specific items that merit consideration relative to special conditions in the HVTL Route Permit for the Orono Substation Expansion and New 115 kV Transmission Project. These items include: Location of Substation. Residents in the Huntington Farm neighborhood have requested that Xcel Energy pursue other locations for a substation. In comments submitted during the scoping DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 6 period, Mr. Michael Kuruvilla Kallivayalil submitted four alternative substation locations (Finding 47). EFP Staff Analysis. Xcel Energy acquired the 16 acre parcel in 1989 and the existing 69 kV substation, with a fenced area of approximately 0.1 acres, has been in operation since 1990. In acquiring a larger parcel than needed for the actual substation location in a developing area it would appear that Xcel Energy was demonstrating prudent future planning. The actual developable area of the parcel is limited by the presence of wetlands on the site. Xcel Energy has designed the footprint of the replacement substation in a manner that minimizes impacts to wetlands and allows that MPCA noise standards to nearby receptors can be met with the addition of 14 to 16 foot noise walls around the transformer location. The Project is proposed to ensure a more robust transmission system in the west metro area. Because of the development and growth of the west metro, there is a relative paucity of undeveloped sites removed from residential development of the size that Xcel Energy would want to develop a 115 kV substation. The alternative substation sites proposed during scoping were reviewed by EFP staff prior to staff's recommendation to the Deputy Commissioner of the Department. Although no routes for the additional transmission to the alternate substation sites were developed, it appears that the alternate sites would require approximately 800 to 4,900 feet of additional double circuit 115 kV transmission line compared to Xcel Energy's proposed route. Because the proposed substation sites were all located east of Xcel Energy's Transmission Line 0831, it is probable, though not certain, that transmission to these substations would also follow a route along U.S. Highway 12 as does the Project. In addition to the transmission line, development of a new substation site would also require re-location of two existing electric distribution lines in, resulting in impacts to new landowners in addition to those affected by the transmission line. In reviewing alternative substation sites EFP staff did not identify anything to suggest that a new substation location would have great potential for a project with fewer impacts, but rather a shift the burden to a new unidentified set of landowners. The developed site of the replacement substation is much larger, 1.2 acres, than the present 0.1 acre site and the concern of neighborhood residents at the change is very understandable. EFP staff proposes a process for public comment on the substation mitigation plan as discussed below. Substation Mitigation. Residents of the Huntington Farm neighborhood and the city of Orono have identified visual and noise impacts from the replacement substation as a primary concern. The replacement substation will be substantially larger than the existing substation, a fenced area of approximately 1.2 acres compared to the existing 0.1 acre fenced site. Xcel Energy prepared a Noise Assessment evaluating noise impacts from installing a new transformer at the replacement substation and a possible additional transformer that may be added at some point in the future. Xcel Energy's submittals provided some initial proposals to screen the substation from views from homes to the west and south and from travelers along Hennepin County Road 6 through use of berms and vegetation. The city of Orono has requested that Xcel Energy develop a landscaping plan using a combination of berms and vegetative screening to minimize impacts to area residents and travelers along Hennepin County Road 6 and Orchard Park Road. DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-I 1-223 Page 7 EFP Staff Analysis: The developed site of the replacement substation is much larger, 1.2 acres, than the present 0.1 acre site and the concern of neighborhood residents at the change is very understandable. - • Xcel Energy's noise assessment concluded that construction of a concrete wall of between 14 and 16 feet around the transformer location, would ensure that noise from the new 115/13.8 kV transformer as well and a possible additional transformer that is not a part of this project but may be added at a future date. Xcel Energy's preliminary site layout and grading plan anticipates the addition of conifer trees along the grade on the western edge of the substation area and the addition shrubs and deciduous trees along the southern edge of the substation area. The landscaping plan also identifies the option of a berm along the western side of the substation site. Although a berm along the western side of the substation site can be constructed within Xcel Energy's parcel, if residents prefer a larger berm, additional land from the Huntington Farm Home Owners Association would be required to establish a larger base for the berm. EFP staff recommends that Xcel Energy be required to develop a Replacement Substation Design Plan to minimize aesthetic and noise impacts to area residents and those travelling along Hennepin County Road 6. As detailed at Special Condition 5.3 of the proposed HVTL Site Permit, EFP staff recommends that Xcel Energy provide a preliminary design plan for the substation within 60 days of the permit issuance. The preliminary design plan would identify mitigation measures to address noise and aesthetic concerns identified in the record and provide more detailed substation design information. Area residents, the city of Orono, and the Commission would have a minimum of 30 days to review and provide comments on the preliminary plan to Xcel Energy. Xcel Energy would submit the final replacement substation design, including a discussion of the comments received and rationale for their final design decisions, as part of the plan and profile filing required under section 3.1 of the permit. Baker Park Reserve Route Alternative. As discussed above, the EA evaluated two routes, Xcel Energy's Proposed Route and the Baker Park Reserve Route Alternative. The Baker Park Reserve Route Alternative was suggested for evaluation at the request of residents of the Huntington Farm neighborhood. The two routes share the first 866 feet out of the substation and the last 590 feet consisting of the relocation of Transmission Line 0831. The difference between the two routes is that the Baker Park Reserve Route Alternative would add an additional crossing of the BNSF Railroad and U.S. Highway 12 to establish a new right-of-way of approximately 944 feet in length within the Baker Park Reserve. EFP Staff Analysis: The Baker Park Reserve Route Alternative is supported by some residents of the Huntington Farm Neighborhood Association and opposed by the Three Rivers Park District and the DNR. For both routes, the nearest home is approximately 180 feet from the substation and approximately 275 feet from the single circuit portion of the project. Both routes would replace one existing structure in the Baker Park Reserve. Compared to the Xcel Energy DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 8 Proposed Route, the Baker Park Reserve Route Alternative would create more direct impacts to a regional park by adding up to three additional double-circuit structures to the park and convert land currently used for recreational purposes to a utility easement. Because that federal funds created by the Land and Water Conservation Fund were used for the acquisition of the Baker Park Reserve, the National Park Service would need to approve conversion to other than public outdoor recreation uses. The National Park Service would only consider approval if all alternatives to the conversion have been evaluated and rejected. Although the National Park Service has not been approached in this matter, the case for shifting the line from Home Owner's Association property to public lands would not on the surface appear to meet National Park Service criteria. If approval is granted, Xcel Energy would need to acquire and provide replacement land of at least equal value and use. For the above reasons, EFP staff does not believe the record supports selection of the Baker Park Reserve Route Alternative. Although not a deciding factor, Xcel Energy has reached an agreement with the BNSF railroad to overlap a portion of the Xcel Energy Route Alternative with railroad right-of-way, minimizing the width of the right-of-way required from Huntington Farm Home Owners Association property. Swan Flight Diverters. In scoping comments the DNR requested that the Applicant install bird flight diverters to minimize potential collisions with birds. Xcel Energy proposes to install swan flight diverters along the entire length of the line. EFP Staff Analysis: After consultation with the DNR, Xcel Energy will install Swan Flight Diverters, pre-formed spiral shaped devices made of polyvinyl chloride that are wrapped around the shield wire, every 25 feet along the entire length of the project. EFP Staff proposes a special condition, Permit at 5.2, requiring installation of Swan Flight Diverters at locations shown in maps attached to the route permit. Painter Creek Crossing: Xcel Energy has a license (DNR - License No. 378-I, July 2, 1954) to cross Public Lands and Waters for the existing Painter Creek crossing of Line 0831. Because the crossing location of the existing Line 0831 will be replaced with a new location for the Project, Xcel Energy will consult with DNR to determine whether a new crossing license will be required. If a new license is required Xcel Energy will obtain that license from the DNR. If no new license is required, Xcel Energy will comply with existing permit conditions during construction of the Project. DNR comments indicate a desire to coordinate with the transmission permitting process. EFP Staff Analysis: The conditions of the DNR license, either new, amended, or the existing license, will specify the details of the crossing, such as angle of crossing, approach to stream banks and height of poles, as design for the line develops. After reviewing typical HVTL permit language EFP staff recommends modifications to standard permit language addressing vegetation removal and wetland and water resources to clarify that, although the details of each water crossings are appropriately addressed in the crossing license, the HVTL permit does require that water crossings will be accomplished in a manner that minimizes environmental impact to the extent that sound DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 9 engineering principles and system reliability is not compromised. EFP staff proposes the following addition to Permit Section 4.2.5: 9.2.5. Vegetation Removal in the Right-of-Way The Permittees shall minimize the number of trees to be removed in selecting the right-of-way specifically preserving to the maximum extent practicable windbreaks, shelterbelts, living snow fences and vegetation in areas such as trail and stream crossings, where vegetative screening may minimize aesthetic impacts, to the extent that such actions do not violate sound engineering principles or system reliability criteria. Tall tree species located within the transmission line right-of-way that endanger the safe and reliable operation of the transmission facility will be removed. In many cases certain low and slow growing species that do not exceed a mature height of 15 feet can be planted in the right-of-way to blend the difference between the right-of-way and adjacent wooded areas, to the extent that the low growing vegetation that will not pose a threat to the transmission facility or impede construction. EFP staff proposes the following addition to Permit Section 4.2.8: 4.2.8. Wetlands and Water Resources Structures shall be located to span watercourses, wetlands, and floodplain to the extent practicable and consistent with sound engineering principles. Minimal grading of areas around pole locations may be required to accommodate construction vehicles and equipment. Construction of Public Water crossings shall be consistent with construction methods identified in Minn. Rule 6135.1300, as required by the Minnesota Department of Natural Resources in the License to Cross Public Lands and Waters. Permittee shall minimize disturbance to natural streambed and shoreline vegetation and restrict clearance of banks, shorelines and adjacent lands to the minimum necessary for equipment to complete the installation to the extent that such actions do not violate sound engineering principles or system reliability criteria. The Permittees shall endeavor to access wetlands and riparian areas using the shortest route possible in order to minimize travel through wetland areas and prevent unnecessary impacts wherever possible. Construction in wetlands and riparian areas shall be scheduled during frozen ground conditions, when practicable. When construction during winter is not possible, construction mats (wooden mats or a composite mat system) shall be used to protect wetland vegetation. All-terrain construction vehicles designed to minimize soil impact in damp areas may also be used DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 10 No staging or stringing set up areas shall be placed within or adjacent to wetlands or water resources, as practicable. The structures shall be assembled on upland areas before they are brought to the site for installation. Soil excavated from the wetlands and riparian areas shall be contained and not placed back into the wetland or riparian area. The Permittees shall also utilize erosion control methods identified in Section 4.2.7 (Erosion Control), as warranted. Areas disturbed by construction activities shall be restored to pre- construction conditions (soil horizons, contours, vegetation, etc.). Archaeological Survey The Phase Ia report recommended, and the Stat Historic Preservation Office (SHPO) concurred, that an archaeological survey be performed in two areas within the project area. EFP Staff Analysis: EFP staff proposes a Special Condition, HVTL Permit at 5.4, requiring than a archaeological survey be performed as identified by SHPO to identify any previously unknown archaeological resources. Overall Special Conditions In addition to the conditions noted above, EFP staff has added the following text to Section 5.0 of the permit, Special Conditions, to clarify that any special conditions take precedence over other conditions in the permit should there be a conflict between the two: 5.0 Special Conditions Special conditions shall take precedence over any of the other conditions of this Permit if there should be a conflict between the two. The Permittee shall provide a report to the Commission as part of the plan and profile submission that describes the actions taken and mitigative measures developed regarding the project and the following Special Conditions. Based on the analysis above,EFP staff makes the following recommendation. DOC EFP Staff Comments and Recommendations PUC Docket E002/TL-11-223 Page 11 Commission Decision Options A. Approve and adopt the Findings of Fact, Conclusions of Law and Order for the Xcel Energy Orono Substation Replacement and new 115 kV Transmission Project (PUC Docket No. E002/TL-11-223)which: 1. Determines that the environmental assessment and record created at the public hearing address the issues identified in the EA Scoping Decision; 2. Designates the proposed HVTL route and replacement of the Orono Substation as the route/site for the construction and implementation of the Orono Substation Replacement and 115 kV Transmission Line Project and associated facilities; and 3. Issues a HVTL Route Permit, with appropriate conditions, to Northern States Power Company, a Minnesota corporation (Xcel Energy). B. Amend the Findings of Fact, Conclusions and Order and Route Permit as deemed appropriate. C. Make some other decision deemed more appropriate. EFP Staff Recommendation: Option A. Orono 115 kV Transmission Project Figure 1: General Vicinity Map \ Q \.( ......_______, .1--- ,\__„., , , /bolo i „.......„ ....., L Lake °=0 Independence City of Morris T. Baker Park Reserve Medina County Hwy 19 \ a t 1r.i-a c I City of ri--''----') ` Maple Plain 5u -7-7-r up I -, fir' [J ,-,,. � r.` I US _ r L. 1?i . City of County Rd 6 — \~ Y�► C-N, � Orono City of ,,,\ Independence ''a' ��_, Ili;II 1 ...) ('/ City of _---� I 1 i„._ tl`VLong Lake _ii.„),Zr _ County Hwy 19 7- I. 1 k,„ .....--- .......11,Xcel Energy Proposed Route f"-.-1 Lake . - ®Baker Park Reserve Route Aftern air.e *^^^•^ Existing Xcel Energy 115kV Line 0831 Minnetonka Existing Xcel Energy Distribution Line `' Existing GRE 69kV Line BD \f \---12,000 GRE 69kV Line BID To Be Removed /`' ——• Proposed Relocation of GRE 69kV Line BD �! Hennepin Feet County I I Existing Xcel Orono Substation . Aerial Image Source. .r - `� — =City and Township Boundaries Aerial Express ECN!Image L TO (-1 Baker Park Reserve dated Sept 15,2009 Prciect Location t I I 1 r---, \ --\ N-' X----\ BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Phyllis Reha Vice Chair David Boyd Commissioner J. Dennis O'Brien Commissioner Betsy Wergin Commissioner In the Matter of the Route Permit Application ISSUE DATE: April 6, 2012 for the Orono Substation Expansion and New 115 kV Transmission Line Project in Orono, DOCKET NO. E002/TL-11-223 Minnesota. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ISSUING A ROUTE PERMIT TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, FOR A 115 KILOVOLT TRANSMISSION LINE AND ASSOCIATED FACILITIES The above matter came before the Minnesota Public Utilities Commission on April 5, 2012, acting on an application by Northern States Power Company, a Minnesota Corporation(Xcel Energy) for a route permit to construct a new 0.6-mile long 115 kV overhead transmission line in the northern part of the city of Orono in Hennepin County, Minnesota. A public hearing was held on December 15, 2011, at the Orono City Council Chambers in Orono, Minnesota. The hearing was presided over by Judge Eric L. Lipman, Administrative Law Judge (ALJ) for the Minnesota Office of Administrative Hearings (OAH). The hearing continued until all persons who desired to speak had done so. The comment period closed on January 31, 2012, at 4:30 p.m. STATEMENT OF ISSUE Should the Commission find that the environmental assessment and the record adequately gShould address the issues identified in the scoping decision? S ou d t he Commission issue a route permit identifying a specific route and permit conditions for the Orono Substation Expansion and New 115 kV Transmission Line Project? Based upon all of the proceedings herein, the Commission makes the following: FINDINGS OF FACT Applicant 1. Northern States Power Company, a Minnesota corporation (Xcel Energy or Applicant), submitted an application for a route permit to the Minnesota Public Utilities Commission. Northern States Power Company, a Minnesota corporation, is a wholly-owned subsidiary of Xcel Energy Inc., a utility holding company with its headquarters in Minneapolis. Xcel Energy will construct, own, and operate the Orono Substation Expansion and New 115 kV Transmission Line Project (project). Xcel Energy is a Minnesota corporation with its headquarters in Minneapolis, Minnesota. Xcel Energy is also a wholly owned subsidiary of Xcel Energy Inc.I Project Description 2. The project is located in Township 118N, Range 23 W, Sections 29, 30, and 32 in the northeastern portion of the city of Orono in Hennepin County, Minnesota.2 3. The project would replace the existing 69 kV Orono Substation with a new 115 kV substation at the same location, but with a larger footprint. The project would connect the new substation to the existing Xcel Energy 115 kV transmission line 0831 through a new double circuit 115 kV transmission line of approximately 2,040 feet (0.4 miles). The project would also remove approximately 1,030 feet of 115 kV transmission line and replace it with approximately 1,100 feet (0.2 miles) of new single circuit 115 kV transmission line.3 4. Xcel Energy states in its route permit application that the project is proposed to improve local and system reliability, reduce the risk of overloads, and allow for additional load growth in the future. The Orono Substation is currently fed at 69 kV from two directions: Dickinson and Crow River from the west and Medina from the east. In response to historical and anticipated load growth in the west metro area many 69 kV facilities are being upgraded to 115 kV. Planned upgrades anticipate conversion of the existing 69 kV line between the Medina and Plymouth substations to 115 kV would mean that the eastern source feeding the Orono Substation would be lost, resulting in a radial feed (only one source) into the substation. Radial loads have lower reliability than those with two sources. With the loss of the 115/69 kV connection at Medina, there is not enough capacity on the 69 kV system to support the load in the area. If the Crow River 69 kV line were to be taken out of service, either through a system fault or inadvertent breaker operation, the result would be low voltages and system overloads. Xcel Energy Exhibit(Ex.)2 at pp.l,6(Route Permit Application [Application]). 2 Ibid.at p. 1 3 Ex. 12 at p.I (Environmental Assessment[EA]) 2 planning criteria require voltages on the transmission system to stay at 90 percent of nominal voltage and lines are required to be loaded to less than 100 percent of their emergency capacity after a contingency. Leaving the Orono Substation on the 69 kV system would violate both of these Xcel Energy criteria.' 5. The project would consist of the following: • Replacement of the existing 69 kV Orono Substation with a new 115 kV substation at the same location, but with a larger footprint to accommodate the new 115 kV transmission line. • Construction of approximately 0.4 miles of new double circuit 115 kV transmission line between Xcel Energy line 0831 and the Orono Substation. • Relocation of approximately 0.2 miles of the existing Xcel Energy single circuit 115 kV transmission line 0831.5 6. While not part of the Route Permit requested by Xcel Energy, approximately 400 feet of the existing Great River Energy (GRE) 69 kV transmission line BD would be rerouted around the expanded Orono Substation.' 7. The Xcel Energy Proposed Route would exit the Orono Substation, head north for 866 feet as a double circuit line and then turn to the northwest along the southern edge of the BNSF railroad right-of-way for approximately 1,205 feet to the existing 115 kV transmission Line 0831. At this point, the project would replace three existing transmission structures and approximately 1,030 feet of single circuit 115 transmission Line 0831with two new structures and approximately 1,095 feet of single circuit 115 kV transmission line, re-routing the existing line off of two residential parcels and onto adjacent Huntington Farm Home Owners Association (HFHOA) property adjacent to the BNSF railroad. A new double-circuit corner structure would connect the single- and double-circuit portions of the project.' Xcel Energy would also install fiber optic shield wire along the entire length of the project for possible future use. 8 8. As presented in the route permit application, Xcel Energy also identified and analyzed four alternative routes (Alternative Route 1, Alternative Route 2, Alternative Route 3, and Alternative Route 4).9 The alternatives were rejected by Xcel Energy as they did not fulfill its objectives or provide any greater advantage with respect to the Proposed Route,pursuant to Minnesota Rule 7850.3100. 4 Ex. 12 at p. 5 (EA) 5 Ex.2 at pp.9-10(Application) 'Ibid. at p. 10 'Ex. 12 at p.7(EA) B Ex. 17 at Schedule 11 (Sedarski Direct) 9 Ex.2 at pp. 16-18,and Appendix G (Application) 3 9. During the scoping process, members of the public requested further evaluation of a route alternative that minimized impacts to private property by shifting the route burden to public lands. The Baker Park Reserve Route Alternative evaluated in the EA is the same as Alternative Route 2 described in Appendix G of the Route Permit Application. The Baker Park Reserve Route Alternative follows the same route as the Xcel Energy Proposed Route for the first 866 feet out of the substation, but continues northward for approximately 326 feet across the Burlington Northern and Santa Fe (BNSF) Railroad, U.S. Highway 12, and an existing Xcel Energy distribution line. Upon exiting U.S. Highway 12 right-of-way, the route enters the Three Rivers Park District's Baker Park Reserve. From here the route continues westerly approximately 974 feet across Baker Park Reserve property connecting to existing Xcel Energy 115 kV transmission Line 0831. The route would then cross back over to the south side of U.S. Highway 12. As with the Xcel Energy Proposed Route described above this alternative would also include the relocation of transmission line 0831. The total length of this alternative with the relocation of Transmission Line 0831 is the same as the Xcel Energy Proposed Route, approximately 0.6 miles.10 10. During the Scoping Process, four site alternatives to expanding the Orono Substation were proposed. • Alternative Substation Site 1: This site is comprised of three small parcels owned by the Minnesota Department of Transportation (MnDOT) between U.S. Highway 12 and Sixth Avenue South and is zoned the same as Xcel Energy's current substation site. These parcels are not large enough for development of the proposed substation of 1.6 acres and additional area necessary for setbacks. The actual developable area of these parcels is likely to be further reduced based on observed wetlands on the parcels and possible additional setbacks or buffers from U.S. Highway 12. The estimated length of transmission line from this site is approximately 0.54 miles, or approximately 0.15 miles more than Xcel Energy's proposed route. • Alternative Substation Site 2: This site is comprised of three parcels owned by the Park Gun Club. This site is zoned as "Rural Residential, one home to 2 acres." The Park Gun Club is a nonconforming use in that location and is prevented from making any changes to its current use, including the layout of the shooting range. It does not appear that there is sufficient space within the parcel to locate both the gun club with its current layout and the substation, resulting in a likely displacement of Gun Club. Orono zoning does not permit gun clubs within the city; the club would not be able to re-locate within Orono. Anecdotal information indicates that gun clubs are very difficult to 10 Ex. 12 at p.7(EA) 4 locate within metropolitan areas. The estimated length of transmission line from this site is approximately 0.76 miles, or approximately 0.4 miles more than Xcel Energy's proposed route. • Alternative Site 3: This site is owned by the city of Orono. The site is zoned as "RR-1B," allowing one home per two acres. This 39 acre property was donated to the city in 2000 for use as a passive natural environmental park; the donation specified restrictive covenants limiting improvements to the park to allow only for passive recreational uses. The city's 2030 Land Use Plan identifies this site as "Park, Recreation, and Open Space." The parcel is bounded to the north by several residential lots. Routing would require avoidance of the cloverleaf intersection of U.S. Highway 12 and Wayzata Boulevard. The estimated length of transmission line from this site is approximately 0.5 miles, or approximately 0.1 miles longer than Xcel Energy's proposed route. • Alternative Site 4: This privately-owned site is zoned as "RR-1B," allowing one home per two acres. The site is identified on the City's 2030 Land Use Plan as "High Density Residential." Depending upon the location of a substation on this parcel, use of this site would require approximately 6,500 feet of new double-circuit 115 kV transmission line, or approximately 3,400 feet more than the Proposed Route. As with Alternative Site 3, use of this site would require routing around the cloverleaf intersection of U.S. Highway 12 and Wayzata Boulevard. The estimated length of transmission line from this site is approximately 1.31 miles, or approximately 0.9 miles more than Xcel Energy's proposed route." 11. All of the alternative substation sites would require acquisition of new land by Xcel Energy for the substation and easements for additional transmission line to meet the purpose and need of the project. Although no routes for the additional transmission to the alternate substation sites were developed, it appears that the alternate sites would require approximately 800•to 4,900 feet of additional double circuit 115 kV transmission compared to Xcel Energy's proposed route. Development of a new substation site would also require re-location of two existing electric distribution lines in addition to the transmission, resulting in additional impacts to new landowners. For the above reasons, none of the proposed alternative substation sites were chosen for further evaluation in the EA.12 Route Width 12. In the route permit application, Xcel Energy requested a 400 foot route width for the entire length of the proposed transmission line route, 200 feet on each side of " Ex. 12 at pp. 7-8(EA) 12 Ibid. 5 the centerline of the proposed route.13 Over the course of the proceedings, Xcel Energy identified a somewhat narrower route, varying from 100 to 200 feet in width, and described as follows: 100 feet on each side of existing Line 0831 from Structure 076 to 078 (200 feet total width) for removal and replacement work; 100 feet on each side of new single circuit 115 kV transmission line from Structure 078 to new Structure 077 (200 feet total width); 100 feet on south side and 50 feet on north side of new 115 kV transmission line from new Structure 077 to new Structures 076-1, 076-2, and 076-3; 100 feet on either side of new 115 kV transmission line from new Structure 076-3 into the replacement substation area, except that the route width along west property line of Xcel Energy site shall be 50 feet west of Xcel Energy property on HFHOA property and not on residential parcels. Right-of-Way 13. The proposed transmission line will generally require a right-of-way of up to 75 feet (37.5 feet on either side of centerline). Xcel Energy indicates in its application that the project may be designed to fit within a narrower right-of-way in locations with existing rights-of-way or other engineering or site considerations.t4 14. Xcel Energy indicates in its Route Permit Application that where the project parallels a roadway or railroad, Xcel Energy anticipates placing poles approximately 5 to 10 feet outside of road or railroad right-of-way, overlapping approximately 30 feet of anticipated right-of-way with road or railroad right-of- way. This would allow the transmission line to share a portion of the road right-of- way, resulting in an easement of lesser width to be required from the landowner.'5 15. Approximately 974 feet of the Baker Park Reserve Alternative of the Baker Park Reserve Alternative Route parallels U.S. Highway 12.16 In order to comply with Orono's Shoreland Overlay District would require that poles be placed a minimum of 30 feet outside of road right-of-way; this setback provision does not apply to railroad right-of-way." 16. Approximately 1,795 feet of the proposed route parallels the BNSF Railroad. Approximately 590 feet of the Baker Park Reserve Alternative Route parallels the BNSF Railroad. Xcel Energy has been in conversation with BNSF since the fall of 2010 to discuss routing options of the project. Current design anticipates placement of poles five feet outside the BNSF right-of-way on the south side of the tracks. A permit application was submitted to BNSF and a permit was received on October 13 Ex.2 at p.6(Application) 14 Ex. 16 at p.9(EA) 75 Ibid.,Ex. 17 at schedule 11 (Sedarski Direct) 16 Ex. 12 at p.7(EA) 17 Ibid. at p. 9 6 17, 2011 to allow the relocated transmission line poles to be set at 5 feet south of BNSF property and for a revised crossing over the railroad.'$ 17. When the transmission line would be located on private property in areas such as open fields or scattered forest land, an easement for the entire right-of-way (up to 75 feet) would be acquired from the affected landowner(s). Xcel Energy anticipates that approximately 2,270 feet of new right-of-way would need to be acquired to construct the project.19 18. The 866 feet of both routes that is located on the Orono substation site owned by Xcel Energy would not require acquisition of new right-of-way.20 Structure Types 19. Xcel Energy proposes to use a combination of three different structure types. All of the proposed structures would be single pole structures constructed of galvanized or weathering steel with heights of between 70 and 115 feet, depending upon the structure type and location. All structures are anticipated to be self-supporting; Xcel Energy does not anticipate use of structures requiring guy wires.21 20. The majority of the structures, 076-1 to 076-5, would be 115/115 kV double-circuit structures. Xcel Energy would use single-pole davit arm structures with heights of 75 to 115 feet and spans of 300 to 500 feet between structures. Under the Baker Park Preserve Route Alternative two of the structures, 076-1 and 076-2, would be constructed to support the existing distribution on the north side of U.S. Highway 12; heights and spans for these underbuild structures would be similar to the main double-circuit structures.22 21. A new single-circuit angle structure, 077, would be installed in the portion of the line relocating Xcel Energy's existing line 0831. The new structure would be approximately 70 to 90 feet in height with spans of 300 feet to 500 feet.23 22. Single-pole cross Arm Y-frame structures would replace the existing Structure 076, in Baker Park Reserve, and 078, where Xcel Energy's existing line 0831 would be relocated.24 The existing 0831 line is constructed primarily with H-frame structures; use of the Y-frame structures would allow the conductors from the 0831 line to maintain their configuration in a horizontal plane. 18 Ex. 17 at p.7(Sedarski Direct) 19 Ex. 12 at p.9(EA) 20 Ibid. 21 Ibid.at pp. 10-11 22 Ibid. at p. 11 23 Ibid. 24 Ibid. 7 Conductors 23. The phases for this project would be constructed with three single steel supported aluminum conductors (ACSS) which each consist of a single conductor comprised of seven steel core strands surrounded by 26 outer aluminum strands. The separate conductors are 795,000 circular mils or approximately 1.092 to 1.139 inches in diameter.25 24. Two 318th inch diameter extra high strength steel, seven strand shield wires will be installed to protect from lightning strike.26 Xcel Energy would also install fiber optic shield wire along the entire length of the project for possible future use.27 Substation 25. The project would replace the existing 69 kV Orono Substation with an expanded 115 kV substation at the same location. Replacement of the existing 69 kV Orono Substation with an expanded 115 kV Orono Substation would take place in the southwest portion of the 16 acre parcel owned by Xcel Energy, encompassing the existing 69kV site. No additional land would need to be acquired or rights-of-way obtained for the substation work proposed in the route permit application.28 26. Depending upon the type of landscaping determined for final substation design, Xcel Energy may seek an agreement with the HFHOA to construct a berm extending up to 50 feet to the west of the Xcel Energy property line.29 27. Xcel Energy will grade a total area of approximately 1.6 acres, for the substation and re-aligned access road to ensure both a stable base for the substation equipment and proper drainage and runoff control.30 28. Project work at the substation would entail: • Removal of the termination structure for Great River Energy's (GRE) 69 kV transmission line; switchgear from the existing 69 kV substation will be reused in its existing location. • Installation of a mobile substation or use of GRE's existing 69 kV transmission line during construction to ensure that service is maintained until the 115 kV source is energized. • Installation of a new 115-13.8 kV substation with a 28 mega volt ampere (MVA), 118-14.3 kV transformer. 25 Ex. 12 at p. 10(EA) 26 Ibid. 27 Ex. 17 at Schedule 11 (Sedarski Direct). 28 Ex. 12 at p. 17(EA) 29 Ex. 17 at p.5 and Schedules 7 and 8(Sedarski Direct) 30 Ex. 12 at p. 17(EA) 8 • Installation of two 115 kV line terminations, each with a motor—operated transmission line switch, one with a quick-break line dropping whip. • Installation of two single-phase coupling capacitor voltage instrument transformers with carrier accessories. • Installation of two 2000 amp line traps and tuners. • Installation of six 76 kV maximum continuous operating voltage station class surge arresters.31 Project Schedule 29. Xcel Energy stated in their application that they anticipate that construction of the project would begin in the first quarter of 2012 with a second quarter 2013 in- service date based on information known as of the date of the route permit application filing. The schedule may be subject to revision as further information is developed.32 Project Cost 30. Xcel Energy estimates the total cost of the project, including expansion of the Orono Substation as well as cost of structures, insulators, conductors, labor, and cost of equipment used to construct the new line to be approximately $5.3 million for the Xcel Proposed Route and $5.4 million for the Baker Park Reserve Route Alternative. Project cost does not include right-of-way acquisition costs.33 31. Xcel Energy's typical annual operating and maintenance costs, for 115 kV transmission lines in its Upper Midwest system, incorporating line and inspections, vegetation management, and maintenance and repairs as needed, are approximately $300 to $500 per mile of transmission line right-of-way. Transmission line inspections are typically performed by airplane or helicopter on a regular basis. Inspections of substations and other equipment are generally performed on an annual or semi-annual basis depending on the type of equipment. Maintenance and repairs to substations are performed on an as-needed basis with costs varying from substation to substation.34 Procedural Summary 32. Xcel Energy initially sought local review of the project from the city of Orono and submitted a conditional use permit to the city on August 20, 2010. Xcel Energy notified the Commission of its intent to follow the local review process on September 1, 2010. On December 13, 2010, the Orono City Council voted to refer 31 Ex. 12 at pp. 17-18(EA),Ex. 17 at Schedule 11 (Sedarski Direct) 32 Ex.2 at pp. 10-11 (Application) 33 Ex. 12 at p. 13(EA) 34 Ibid. 9 review and permitting of the routing and siting of the project to the Commission pursuant to Minn. Stat. 216E.05, subd. 1(b) and Minn. Rule 7850.5300 subp. 4.35 33. On March 17, 2011, in accordance with Minnesota Rule 7850.2800, subpart 2, the Applicant filed a letter with the Commission noticing their intent to submit a route permit application under the alternative permitting process set forth in Minnesota Statutes 216E.04 and Minnesota Rules 7850.2800 to 7850.3900.36 34. On June 6, 2011, the Applicant filed a route permit application with the Commission to replace the existing Xcel Energy Orono substation with a new 115 kV substation, construct approximately 0.4-miles of new double circuit 115 kV overhead transmission line and relocate 0.2 miles of existing 115 kV transmission line in the city of Orono in Hennepin County,Minnesota.37 35. Xcel Energy provided a Notice of a Submittal of an Application for a Route Permit on June 16, 2011, to those persons whose names are on the general list maintained by the Commission for this purpose, local and regional officials, and property owners in compliance with Minnesota Rule 7850.3300.38 36. Xcel Energy published Notice of a Submittal of an Application for a Route Permit in the Wayzata Lakeshore Weekly News on June 21, 2011, in compliance with Minnesota Rule 7850.3300.39 37. In its June 22, 2011, comments and recommendations, EFP staff recommended that the Commission accept the Applicant's route permit application for the project as complete and authorize the EFP staff to process the application under the alternative permitting process pursuant to Minnesota Rules 7850.2800 to 7850.3900, authorize EFP_ staff to name a public advisor, and determine that based on the available information an advisory task force is not necessary at this time.4o 38. In its June 30, 2011, Order, the Commission accepted the application as complete and determined that the project is eligible for the alternative permitting process of the Power Plant Siting Act, Minnesota Statute 216E.04 and Minnesota Rules 7850.2800 to 7850.3900, authorized the EFP staff to name a public advisor, and determined that an advisory task force was not necessary at that time.41 39. Minnesota Rule 7850.3500, subpartl, requires notice of the public information and scoping meeting to be mailed to persons on the project contact list pursuant to Minn. Rule part 7850.2100, subpartl, at least 10 days before the meeting is held. 35 Ex.2 at p. 14 and Appendix C(Application). 36 Ex. 1 (Notification of Intent) 37 Ex.2 at p. 1 (Application) 38 Ex.4(Applicant Mailed Notice of Route Permit Application Filing) 39 Ibid. 40 Ex.3 (Comments and Recommendations of EFP Staff on Application Acceptance) 41 Ex. 5(Commission Order on Route Permit Application Acceptance) 10 On July 26 and 27, 2011, EFP staff issued and- mailed a Notice of Public Information and Scoping Meeting to those persons whose names are on the project list.42 40. Xcel Energy, on behalf of EFP staff, published the Notice of Public Information and Scoping Meeting in the in the Wayzata Lakeshore Weekly News on August 2, 2011.43 Public Meeting 41. In accordance with Minnesota Rule 7850.3500, subpart 1, EFP staff held a public information and scoping meeting on August 10, 2011, at the Orono City Council Chambers in Orono, Minnesota. 42. Approximately seven people attended the public information and scoping meeting. In total, two people provided oral comments and/or asked questions about the proposed project at the public scoping meeting. Topics and issues raised by the public at the meeting included: visual impact, structure heights, possible future expansion, extent of the cleared area, alternate substation locations, and a route alternative through Baker Park Preserve to minimize impacts to residences.44 43. The public comment period on the scope of EA closed on August 26, 2011. EFP received four comment letters during the scoping comment period. Xcel Energy also submitted a comment letter after the close of the comment period.45 44. A letter from the Minnesota Department of Natural Resources (DNR) raised issues such as the wetland impacts, tree removal, impacts to the Baker Park Preserve and potential impacts to trumpeter swans. The DNR also indicated a preference for the Proposed Route or Route Alternative 1 described in the application. DNR did recommended further coordination to minimize impacts to Painter Creek and use of bird flight diverters to minimize the risk of bird collisions." 45. The city of Orono submitted comments outlining issues they wanted to see addressed in the EA. These issues include: aesthetic impacts, relationship of the project to the land use and planning, project purpose and need, impacts to vegetation and habitat, impacts to cultural and sensitive ecological resources, impact to wetlands and water resources, plans for management of stormwater runoff, traffic, noise and air pollution, and cumulative potential effects from the 42 Ex.6(Mailed Notice of Public Information and Scoping Meeting) 43 Ex.7(Published Notice of Public Information and Scoping Meeting). 44 Ex. 8(Oral Comments from Public Information and Scoping Meeting) 45 Ex.9(Scoping Comment Letters),Ex. 10(Northern States Power Company comments on EA scope) 46 Ex.9(Scoping Comment Letters) 11 project. The letter did not propose any alternative routes or identify a preferred alternative.47 46. Xcel Energy's letter proposed use of Y-frame structures at two locations and requests that the EA evaluate the proposed Y-frame structures.48 47. Michael Kuruvilla Kallivayalil, a resident of the Huntington Farm neighborhood and president of the HFHOA, submitted comments expressing concern with the location of the substation, impacts to wetlands, health and safety impacts from the project, and economic impacts to landowners from the project. Mr. Kallivayalil proposed four additional substations locations.' 48. The scoping decision document for the EA was signed by the deputy commissioner of the Department of Commerce on September 12, 2011, filed with the Commission and made available to the public as provided in Minnesota Rule 7850.3700, subpart 3, on September 14, 2011. The scoping decision evaluated two routes, the Xcel Energy Proposed Route and the Baker Park Reserve Route Alternative. No alternative substation locations were included for evaluation in the scoping decision.5o Environmental Assessment 49. The EA was filed with the Commission and made available on November 30, 2011. A corrected version of Appendix B of the EA was e-filed on December 13, 2011; the print version supplied for public review contained the correct version of Appendix B.51 The EA was prepared in accordance with Minnesota Rule 7850.3700, and contained all the information required. 50. On November 30, 2011, EFP staff mailed a Notice of, Public Hearing and Availability of EA to those persons whose names are on the project contact list and to local and regional officials in compliance with Minnesota Rule 7850.3700, subpart 6.52 51. Pursuant to Minnesota Rule 7850.3700, subpart 6, EFP staff published a Notice of Availability of EA in the December 12, 2011 edition of the EQB Monitor.53 47 Ex.9(Scoping Comment Letters) 48 Ibid. 49 Ibid. 5o Ex. 11 (EA Scoping Decision). 51 Ex. 12(EA) 52 Ex. 13(Mailed Notice of Availability of EA with Certificate of Service). 53 Ex. 14(EQB Monitor Notice of Availability of EA) 12 Public Hearing 52. On November 30, 2011, EFP staff mailed a Notice of Public Hearing to those persons whose names are on the project contact list and to local and regional officials in compliance with Minnesota Statute § 216E.03, subdivision 6.54 53. Pursuant to Minnesota Statute § 216E.03, subdivision 6, Xcel Energy, on behalf of EFP staff, -published a Notice of Public Hearing and Availability of EA in the Wayzata Lakeshore Weekly News on November 29, 2011 and in the Plymouth, Wayzata, Orono, and Long Lake Sun Sailor on December 1, 2011.55 54. Administrative Law Judge (ALJ) Eric L. Lipman, from the Minnesota Office of Administrative Hearings, presided over the public hearing conducted on December 15, 2011. The public hearing was held at Orono City Council Chambers in Orono, Minnesota. The ALJ provided an opportunity for members of the public to ask questions or comment on the proposed project verbally and/or to submit question/comments in writing.56 55. According to the ALJ Summary of Public Testimony, ten members of the public attended the public hearing. All persons who desired to speak were afforded a full opportunity to make a statement on the record.57 56. Pursuant to Minnesota Rule 7850.3800, subpart 3A, EFP state permit manager Suzanne Steinhauer was at the public hearing and described the alternative route permitting process, the proposed project, and introduced the EA and other relevant documents for the record. 57. Representatives from Xcel Energy present at the hearing included: Joseph Sedarski, Senior Permitting Analyst; Gene Kotz, project manager; Ed Smith substation engineer; Justin Michlig; and Jeff Gutzmann transmission line designer. Valerie Herring from the law firm of Briggs & Morgan-appeared at the public hearing on behalf of Xcel Energy in this matter. 58. Michael Kaluzniak, Planning Director, was at the public hearing on behalf of the Minnesota Public Utilities Commission. 59. The comment period was open for written comments through January 6, 2012, and was extended until January 31, 2012, to allow for comments on the Noise 54 Ex. 13(Notice of Public Hearing with Certificate of Service)and 14(Notice of Public Hearing,certified letters to local officials). 55 Ex. 16(Published Notice of Public Hearing) 56 Ex. 19(Public Hearing Transcript). 57 Ex.25 (Administrative Law Judge Summary of Public Testimony[ALJ Report])at p. 1 13 Assessment prepared by Xcel Energy Public comments on the proposed project were accepted by the ALJ until January 31, 2012.58 60. The public hearing transcript was filed by the Office of Administrative Hearings designated court reporter on January 23, 2012.59 61. During the public hearing, six members of the public presented their views regarding the proposed routing for the project. The ALJ received ten written comments by the January 31, 2012, submittal deadline.60 Staff from the MPCA also submitted comments during the comment period; these comments were inadvertently left out of the ALJ summary report and were filed separately by EFP staff.61 62. The ALJ filed the Summary of Public Testimony on March 5, 2012. The ALJ report contains a summary of oral public comments provided during the hearing and, with the exception of a comment received from the Minnesota Pollution Control agency staff (Finding 61) written comments received by the close of the comment period.62 Summary of Oral Comments 63. Michael and Leena Kallivayalil, residents of the Huntington Farm neighborhood, assert that the Applicant's proposal for substation expansion relies too heavily on the fact that it already owns the underlying property, when, other nearby properties would be better suited to host the larger, upgraded station. Further, the Kallivayalils argue that the shielding techniques proposed by the Applicants are not adequate to address the visual and other impacts from an expanded substation.63 64. Melissa Fogelberg, a resident of the Huntington Farm neighborhood, joins the Kallivayalils in arguing that the substation expansion should not occur at the existing substation site. Specifically, Ms. Fogelberg argues that the applicant's proposal is at odds with both the City of Orono's land use plans as well as the efforts of the Minnesota Department of Transportation to improve the aesthetics of the Highway 12 corridor. Further, she submitted that any uncertainty as to the impacts to human health from electromagnetic field emissions from such facilities should be resolved in favor of homeowners by siting such stations as far away as possible from residential areas. She urges the Commission to withhold approval until the Applicant "has adequately, vigorously and diligently pursued other 58 Ex.26 at p. 3 (AU Report) 59 Ex. 19(Public Hearing Transcript) 60 Ex.26 at pp.4-5(AU Report) 61 Ex.23 (MPCA Comments) 62 Ex.26(AU Report) 63 Ibid.at p. 3 14 locations for the substation." Ms. Fogelberg also stated that the mitigation measures proposed by the Applicants are inadequate to shield a facility of the proposed substation's size and dimension, in the alternative, she urges the Commission to consider the type of shielding methods used for substations in Britain and Japan. 65. Kelly Grissman, Senior Manager of Planning for the Three Rivers Park District, testified as to the impacts that one of the transmission line routing alternatives would have to the Baker Regional Park Reserve. The Reserve is a 3,000 acre set of parcels that provide natural habitat, recreation and a trail system in Orono, Minnesota. Ms. Grissman asserted that the proposed routing would not benefit the reserve. Moreover, she argued that because the buffer zones which separate habitat and recreational areas in the reserve from Highway 12, would be narrowed under the routing alternative, that alternative would degrade the Reserve's plans and uses.65 66. Paul Fraser, a resident of the Huntington Farm neighborhood, concurred with Ms. Fogelberg's assessment that more could be done to shield and reduce the visual impacts from an expanded substation. Mr. Fraser argued that because the uses that are adjacent to the substation site are a park reserve and a residential area, more mitigation should be required before any application is approved by the Commission.66 67. Tom Luninski, a resident of Orono, inquired as to whether there would be a change in the capacity of the transmission line as a result of the project. Members of the Applicant panel confirmed that Xcel had no plans to change or upgrade the 0831 transmission line over the course of a 20-year planning period.67 Summary of Written Comments 68. On December 13, 2011, Northern States Power Company submitted the testimony of Joseph Sedarski.68 69. Peter and Carla Schoon, residents of the Huntington Farms neighborhood and members of its neighborhood association, urged selection of a route alternative that runs along the north side of Highway 12. Additionally, the Schoons asserted that not enough effort was being made to minimize visual impacts of the proposed line and substation.69 64 Ex.26 at p. 3 (AU Report) 65 Ibid. 66 Ibid.at pp.3-4 67 Ibid. at p.4 68 Ex. 17(Sedarski Testimony) 69 Ex.26 at p.4(AU Report) 15 70. Timothy Jason Admonius, a resident of the Huntington Farms neighborhood and a member of its neighborhood association, wrote to urge alternatives to the proposed route, but not that which would route the transmission line into the Baker Regional Park Reserve north of Highway 12.70 71. Paul and Melissa Fogelberg, submitted written comments in advance of the public hearing. Those comments detail the inquiries and conclusions the Fogelbergs have made about alternatives to the proposed substation expansion. Specifically, the Fogelbergs assert that the benefits of avoiding additional land acquisition costs do not justify siting a substation of the size proposed by the Applicant at County Road 6 and Highway 12. The Fogelbergs urge a searching review by the Commission of the alternatives to the preferred substation location, and if there are no alternatives, permitting adjacent landowners to have a role in planning mitigation measures. The Folgelberg comments include photographs of substation mitigation methods that they assert have been effective in other locales." 72. Michael and Leena Kallivayalil, residents of the Huntington Farm neighborhood, submitted written comments that followed their earlier testimony at the public hearing. In their written remarks, the Kallivayalil's again urged the selection of available properties in Orono that were not adjacent to residential neighborhoods for the substation expansion. Pointing to the potential health impacts, and the potential impacts to the value of nearby homes, the Kallivayalils' comments included a copy of the scoping comments (Finding 47).72 73. Boe Carlson, Acting Superintendent of the Three Rivers Park District, submitted comments as the owner and operator of the Baker Regional Park Reserve. Superintendent Carlson wrote to oppose the Baker Reserve routing alternative. He asserts that routing the transmission line through the park reserve would violate the Land and Water Conservation Fund Act, the restrictive covenants placed on the uses for reserve land, and the mission, policies and practices of the Reserve. Additionally, Superintendent Carlson argues that because of the adverse impacts associated with this route alternative — particularly to habitat — that this alternative is an inferior choice to other routing options.73 74. Kelly Grissman, Senior Manager of Planning for the Three Rivers Park District, asserted that the kind of noise assessments made with respect to the proposed substation, should likewise be made as to the noise impacts that would occur if the proposed transmission line were routed along the Baker Reserve routing alternative. Ms. Grissman urges the Commission to direct that these assessments be undertaken if the Baker Reserve routing alternative is "seriously being considered as a viable option ...." She asserts that the removal of buffer areas associated with the 70 Ex.26 at p.4 (AU Report) 71 Ibid.at p.4 72 Ibid.at pp.4-5 73 Ibid.at p. 5 16 proposed alternative would trigger undue noise impacts to those using the park reserve.74 75. Michael P. Gaffron, Assistant City Administrator, submitted comments on behalf of the City of Orono. Like many of the residents of the Huntington Farms neighborhood, the City expressed concerns over the visual impacts of the proposed substation. Specifically, it urged the Commission to condition any approval of the application on the installation of effective, natural measures to screen the visual impacts of the proposed substation. In its comments it detailed a number of interventions that it regards as necessary— such as the installation of trees of certain types and height. Additionally, the City seeks an opportunity to have its engineer review finalized site plans before project construction begins.75 76. Jamie Schrenzel, Principal Planner for the Minnesota Department of Natural Resources' Environmental Review Unit, submitted comments on behalf of the DNR. She urged greater coordination between agency permitting activities, in general, and as to this project in particular, because the mitigation measures raise matters of common concern. Specifically, Ms. Schrenzel recommended that the mitigation plans require compliance with the winter construction methods required by Minn. R. 6135.1300, deployment of Swan Flight Diverters along the transmission line alignment so as to reduce collisions by trumpeter swans and annotation of project plans or materials so as to specify where these diverters will be placed.76 77. Craig Affeldt, Supervisor of the Environmental Review Unit of the MPCA, submitted comments on behalf of the agency. Because Katrina Lake is an impaired water for nutrient/eutrophication increased stormwater treatment may be necessary during construction and post construction. These requirements must be addressed in the National Pollutant Discharge Elimination System/State Disposal System Construction Stormwater Permit application prepared for the project. Mr. Affeldt also noted the presence of several properties near the project area with actual or potential soil or groundwater contamination. Any contaminated soil or water uncovered or disturbed during construction must be managed properly." Environmental Assessment of Routes 78. The EA evaluated the Xcel Energy Proposed Route (Finding 7) along with one route alternative, the Baker Park Reserve Alternative (Finding 9). The EA described, but did not evaluate alternative substation locations.78 74 Ex.26 at p.5 (AU Report) 75 Ibid. 76 Ibid. 77 Ex.23(MPCA comment letter) '$Ex. 12 at pp. 5-7(EA) 17 Human and Environmental Impacts 79. Both of the routes evaluated in the EA would result in changes to the existing environment and the potential for human and environmental impacts. Socioeconomic and Cultural Values 80. Xcel Energy anticipates that construction of the transmission line would require approximately 6-25 workers over the course of approximately eight weeks. Xcel Energy also anticipates that construction of the substation would occur over the course of 9-15 months, with an average work force of approximately six workers. It is not expected that additional permanent jobs will be created the project.79 81. Construction of the project should also result in small, short-term positive economic impacts in the form of increased spending for lodging, meals and other consumer goods and services as well as purchase of some construction material. Short-term economic benefits from increased economic activity during the construction phase of the project are likely to be absorbed within the larger Twin Cities metro economy and not limited to the immediate project area.80 82. Long-term socioeconomic effects from the project would include an increase to the county's tax revenues as a result of the value of construction and the increased value of utility property resulting from the project. In addition to the relatively small increase to county tax revenues, the project would improve the overall transmission stability and ensure voltage stability.81 83. There is no indication that any minority of low-income population is concentrated in the project area. No disproportionate impacts on minority or low-income populations are anticipated.82 84. Research on the relationship between proximity to transmission lines and the effect on property values near transmission lines does not identify a clear cause and effect relationship between the two. Instead, the presence of a transmission line becomes one of several factors that interact to affect the value of a particular property. Because of the large number of factors that influence the value of a specific property, it is very difficult, if not impossible, to predict the effect that a specific transmission facility would have on a specific property.83 85. The use of a property for a transmission facility does transfer ownership of one of the bundle of property rights from the property owner to the easement holder. This 79 Ex. 12 at p.22(EA),Ex. 17,at Schedule 11 (Sedarski Direct) 80 Ex. 12 at p.22(EA) 81 Ibid. 82 Ibid. at pp.21-22 83 Ibid.at p.23 18 • loss of a portion of the potential use of the property requires compensation of the property owner for the use of the property. Potential impacts of property values would typically be mitigated through negotiation in an easement agreement between Xcel Energy and the landowner.84 Displacement 86. The National Electric Safety Code (NESC) requires certain clearances between transmission line facilities and buildings for safe operation of the transmission line. Xcel Energy would acquire a right-of-way of 75 feet, or 37.5 feet either side of a centerline, for the project.85 87. For both routes evaluated, the nearest home to the substation is approximately 180 feet south of Xcel Energy's property boundary, and the nearest home to the transmission line is 275 feet. One unoccupied outbuilding is 86 feet south of the proposed alignment.86 88. Displacement can occur when a structure is located within the proposed right-of- way for a transmission facility. No structure is located within the proposed right- of-way for either route evaluated. No displacement of homes or businesses from the project is anticipated.87 Aesthetics 89. Both routes cross a mixture of wooded and wetland areas. Depending upon the route, land uses are a mixture of utility, transportation, undeveloped residential and a regional park. The project is located near a residential development, and a portion of either route would cross property that is owned by the homeowners association and maintained as undeveloped. U.S. Highway 12, a 4-lane limited access highway, and the BNSF railway pass through the northern portion of the routes, while Hennepin County Road 6 is located to the south. There are two existing transmission lines near the project area, Xcel Energy's 115 kV transmission Line 0831 and GRE's 69 kV BD line. 90. Xcel Energy would replace three existing 115 kV structures along Xcel Energy's Line 0831 with two cross-arm Y structures and one single-circuit horizontal post structure; the replacement structures will have heights of 70 to 90 feet. The structures being replaced along Xcel Energy's Line 0831 are wood H-frame structures with heights of approximately 60 to 75 feet. Xcel Energy would also install five new double-circuit 115 kV structures with heights of 75 to 115 feet. All structures would be constructed of galvanized or weathering steel. The structures 84 Ex. 12 at p.25(EA) 85 Ibid.at p.23 86 Ibid. 87 Ibid. 19 on the GRE 69 kV transmission line are wood single pole structures with heights of approximately 60 feet. 91. The installation of the transmission line would require tree clearing within an approximately 75-foot right-of-way.88 92. Although the double-circuit structures are taller the use of double-circuit structures minimizes the number of structures and the width of right-of-way needed for the transmission portion of the project.89 93. The city of Orono has requested that transmission structures be finished in light colors rather than dark colors.90 94. The substation would include appropriate and sufficient lighting within the substation area in the event of an emergency during low light or night time conditions. During normal operation all of the substation lights will be left off and the substation will be dark, unless required by local units of government for other purposes such as security. During emergencies lights would be needed to facilitate the safety of personnel if work occurs in low light or after sunset; routine maintenance work is typically scheduled during daytime hours. Transmission structures are not lit.91 95. The city of Orono has requested that all substation lighting be shielded and downward-facing so that sources of light will not be visible from off-site.92 96. The project would be visible to residents in the project area as well as those travelling through along U.S. Highway 12 and Hennepin County Road 616th Avenue North.93 97. Xcel Energy would replace the existing 0.1 acre Orono Substation with a new substation with a fenced area of approximately 1.2 acres. The new substation would contain approximately eight pieces of electrical equipment and a new structure to house electrical control panels. The height of the new equipment would be approximately 13-18 feet, with several steel deadend structures approximately 67 feet in height and two shield poles approximately 100 feet in height. Installation of the expanded substation would also entail removal of scattered pockets of existing trees and other vegetation west and north of the existing substation location.94 88 Ex. 12 at p.24(EA) 89 Ibid.at p.25 9°Ex.22(Hearing Comments,City of Orono) 91 Ex. 12 at p.25 (EA) 92 Ex.22(Hearing Comments, City of Orono) 93 Ex. 12 at p.24(EA) 94 Ibid.,and Ex. 17,at Schedule 11 (Sedarski Direct) 20 98. The city of Orono and residents of the Huntington Farms neighborhood have identified aesthetic impacts from the larger substation as a primary concern.95 99. The existing substation site is somewhat screened from the housing to the west by a rise along the west side of Xcel Energy's property. Xcel Energy has stated its intent to minimize vegetation clearing to the extent possible and to work with landowners to identify visual concerns related to the project and develop suitable mitigation measures.96 100. Xcel Energy's preliminary site layout and grading plan anticipates the addition of conifer trees along the grade on the western edge of the substation area and the addition shrubs and deciduous trees along the southern edge of the substation area. The landscaping plan also identifies the option of a berm along the western sides of the substation site.97 Although a berm along the western side of the substation site can be constructed within Xcel Energy's parcel, if residents prefer a larger berm, additional land would be required. 101. HVTL permits require permittees to minimize the number of trees to be removed to the extent that such actions do not violate sound engineering principles or system reliability criteria. Certain low and slow growing species that do not exceed a mature height of 15 feet can be planted in the right-of-way to blend the difference between the right-of-way and adjacent wooded areas. 102. The city of Orono recommends that Xcel Energy develop a landscaping plan that uses a combination of berms and vegetation along the west, south and southeast boundaries of the substation site to screen substation structures to the greatest extent possible from residents located to the west, south and southwest of the substation, from traffic along County Road 6, and from northbound traffic along Orchard Park Road.98 Noise 103. The Minnesota Pollution Control Agency (MPCA) has established standards for the regulation of noise levels. The most stringent noise standards are 60 A- weighted decibel (dBA) L50 during the daytime and 50 dBA L50 during the nighttime.99 95 Ex.22(Hearing comments) 96 Ex. 12 at p.25(EA) 97 Ex. 17 at p.5 and schedule?(Sedarski Direct) 98 Ex.22(Hearing Comments,city of Orono) 99 Ex. 12 at p.27(EA) 21 104. The project would result in short-term noise during construction. In order to comply with MPCA noise standards construction work would be limited to daytime hours, between 7 a.m. and 10 p.m.10° 105. Heavy equipment would be equipped with sound attenuation devices such as mufflers to minimize noise levels. 01 106. Xcel Energy anticipates that, on occasion, construction outside of daytime hours or on weekends may be scheduled to work around customer schedules or line outages.102 107. The city of Orono noise regulations limit construction activities to between 7 a.m. and 8 p.m. on weekdays and 8 a.m. to 8 p.m. on weekends.103 108. Noise associated with substation operation includes the operation of transformers and switchgear. Transformers produce a constant low-frequency humming noise while switchgear produces an impulsive or short duration noise. 109. The distance between the Xcel Orono Substation property boundary to nearby homes are approximately 180 feet to the south, across County Road 6, and approximately 270 feet to the west. The Noise Assessment monitored existing noise at nine sites at the Orono Substation and surrounding residences. 110. Xcel Energy anticipates replacing the existing 69 kV/13.8 kV transformer with a 115 kV/13.8 kV transformer as part of the project. Although not part of the project, Xcel Energy has also modeled the possible addition of another 115 kV/13.8 kV transformer that may be added at some point in the future.104 111. Using the measured existing noise levels, the Noise Assessment estimated noise from the new transformer(s) at the nine monitoring sites with and without sound walls around the transformers. Sound estimates after the addition of the project transformer at nearby homes are estimated to be in the range of 40.3 to 49.4 dBA without noise walls, and 35.1 to 44.3 dBA with noise walls.105 With two 115 kV transformers at the substation, sound estimates at nearby homes range from 40.7 to 49.8 dBA without noise walls and 35.1 to 44.3 dBA with noise walls.106 112. Noise Standards developed by the Minnesota Pollution Control Agency (MPCA) establish a nighttime noise standard L50 of 50 dBA in residential areas.107 loo Ex. 12 at pp.27-28(EA) 1°' Ibid. 102 Ibid. 103 Ex.22(Hearing Comments,city of Orono) 104 Ex.24 at p.7(Noise Assessment) los Ibid. at p. 10 1°6 Ibid.at p. 12 107 Ex. 12 at p.28(EA) 22 113. Concrete noise walls of the size and type evaluated in the Noise Assessment should ensure compliance with MPCA noise standards.108 114. Xcel Energy estimates that noise generated from the transmission line and associated facilities to be no more than 23.3 dBA L5 at the edge of the right-of-way, which is below the most stringent Noise Area Classification level of 50 dB(A) L50 established by the MPCA.109 This is also below the ambient levels measures as part of the Noise Assessment.10 Public Health and Safety 115. Xcel Energy will design the project to be in compliance with local, state, NESC, and Xcel Energy standards for clearance to ground, crossing utilities and buildings, strength of materials, and right-of-way widths, and permit requirements.'11 116. The transmission line would be equipped with protective devices to safeguard the public if an accident occurs. The protective equipment is designed to de-energize the transmission line should such an event occur.'' 117. Substations will be fenced and accessible only by authorized personnel.13 118. The issue of electric and magnetic fields was discussed in the environmental assessment.14 A number of national and international health agencies (the Minnesota Department of Health, the World Health Organization, the National Institute of Environmental Health Sciences) have concluded in their research that there is insufficient evidence to prove a connection between electric and magnetic field exposures and health effects. Research has not been able to establish a cause and effect relationship between exposure to magnetic fields and human disease, nor a plausible biological mechanism by which exposure to electric and magnetic fields could cause disease.15 119. Xcel Energy-has calculated magnetic fields for this project under average and peak load conditions. Models with forecasted peak loads are utilized to determine the maximum flows on transmission lines during normal operating conditions. Under average load conditions, estimated magnetic fields at one meter above the ground and directly beneath the transmission line range from approximately 8 to 67 milligauss depending upon structure type. Under peak load conditions, estimated 108 Ex.24 at pp. 10, 13(Noise Assessment) 109 Ex. 12 at p.28(EA) 110 Ex.24 at p. 5 "' Ex.2 at p.40(Application),Ex. 12 at pp.14,20(EA) 112 Ex.2 at p.40(Application) 113 Ibid.,Ex. 12 at p. 17,20(EA) "'Ex. 12 at pp.29-38(EA) ";Ibid. at pp.36-37 23 r magnetic fields range from approximately 13 to 70 miligauss depending upon structure type. 16 No Minnesota regulations have been established pertaining to magnetic fields from high-voltage transmission lines."' 120. The absence of any demonstrated impact by electric field and magnetic field exposure supports the conclusion that there is no demonstrated impact on human health and safety. No adverse effects from electric fields and magnetic fields on health are expected for persons living or working at locations along or near the proposed project.''' 121. The electric field from a transmission line in some instances can reach a nearby conductive object, such as a vehicle or a metal fence, which is in close proximity to the transmission line. This may induce a voltage on the object, which is dependent on many factors, including the weather conditions, object shape, size, orientation, capacitance and location along the right-of-way. If a voltage is induced on an object insulated from the ground and a person touches the object, a small current (induced voltage) would pass through their body to the ground. Most shocks from induced current are considered more of a nuisance than a danger. The Minnesota Public Utilities Commission electric field limit of 8 kV/m was designed to prevent serious hazard from shocks due to induced voltage under transmission lines. The NESC sets an induced current limit of five milliamps (mA) for objects under transmission lines. Proper grounding of metal objects under and/or adjacent to the transmission line is the best method of avoiding these shocks.1' 122. Stray voltage is an extraneous voltage that appears on grounded surfaces in buildings, barns and other structures, including utility distribution systems. Sources of stray voltage include a variety of on-farm wiring and grounding problems and off-farm problems related to connections on the electric distribution system. Sometimes a small voltage can develop at these grounding points and flow through the earth. This voltage is called a neutral-to-earth voltage (NEV). More precisely, stray voltage is a small voltage that is measured between two points that animals such as livestock can simultaneously come into contact with. When an animal simultaneously contacts these points a small current will flow through the animal These NEV currents may contribute to an excess of acceptable current in a livestock contact area on an adjoining farm. As such, stray voltage has primarily been raised as a concern on dairy farms because it may impact operations and milk production. Stray voltages are low-level voltages and should be distinguished from shocks felt by humans. Stray voltages are not lethal.120 "'Ex. 12 at p.36,Table 14 (EA) ''Ibid.at p. 32,Table 10 18 Ibid.at p. 36 "'Ibid.at pp.37-38 120 Ibid.at p. 37 24 withelectricallines. 123. Stray voltage is by and large an issue associated distribution e Transmission lines do not create stray voltage as they do not directly connect to businesses, residences, or farms.121 124. Stray voltage (NEV) sources can be reduced in three fundamental ways: reduce the current flow on the neutral system; reduce the resistance of the neutral system; or improve the grounding of the neutral system. Making good electrical connections and making sure that these connections are maintained by the proper choice of wiring materials for wet and corrosive locations will reduce the resistance of the grounded neutral system and thereby reduce NEV levels.'22 125. HVTL permits issued by the Commission require that all fixed metallic objects on or off the right-of-way, except electric fences that parallel or cross the right-of-way, will be grounded to the extent necessary to limit the induced short circuit current between ground and the object and to comply with the ground fault conditions specified in the NESC. 126. Implantable medical devices such as pacemakers, defibrillators, neurostimulators, and insulin pumps may be subject to interference from strong electric and magnetic fields. Most of the research on electromagnetic interference and medical devices is related to pacemakers. According to a 2004 Electric Power Research Institute (EPRI) report, implantable cardiac devices are much more sensitive to electric fields than to magnetic fields. In the report, the earliest interference from magnetic fields in pacemakers was observed at 1,000 mG, far greater than the magnetic fields associated with high-voltage transmission lines.123 127. Medtronic and Guidant, manufacturers of pacemakers and implantable cardioverter/defibrillators, have indicated that electric fields below 6 kV/m are unlikely to cause interactions affecting operation of modern bipolar devices. Older unipolar designs; however, are more susceptible to interference from electric fields with research suggesting that the earliest evidence of interference occurred in electric fields ranging from 1.2 to 1.7 kV/m. These initial interaction levels are higher than 1.013 kV/m maximum electric field predicted for this project. The risk of interference inhibition of unipolar cardiac pacemakers from high-voltage power lines in everyday life is sma11.124 Air Quality 128. There is minimal air quality impacts associated with transmission line operation. The only potential air emission s for a transmission line result from corona. Studies 121 Ex.24 at p.37(EA) '22 Ibid. 123 Ibid.at p. 38 124 Ibid. 25 • • designed to monitor the production of ozone under transmission lines have been unable to detect any increase attributable to the transmission line facility.'25 129. Minnesota sets an ozone limit of 0.08 parts per million (ppm) as the highest eight hour average; the federal limit is 0.075 ppm as the fourth-highest eight hour daily maximum average.126 130. Calculations according to the Bonneville Power Administration Corona and Field Effects Program Version 3 for a standard single-circuit 115 kV project predicted a maximum concentration of 0.006 ppm near the conductor and 0.002 ppm at one meter above ground during foul weather or worst case conditions with rain at one inch per hour.127 131. Air quality impacts caused by construction vehicle emissions and fugitive dust from right-of-way clearing and construction are expected to occur, but will be temporary and limited.128 132. Temporary impacts due to construction vehicle emissions and fugitive dust would be minimized by using best management practices to reduce dust emissions. Tracking control practices and wetting of roads and temporary roads would be done to control fugitive dust. Proper maintenance of the contractor's equipment would be done to prevent excessive emissions.129 133. There would be no anticipated permanent impacts on air quality as a result of the proposed project. Transportation and Utilities 134. U.S. Highway 12 provides a major east-west corridor to the western Twin Cities Metropolitan area. U.S. Highway 12 widens from two to four lanes at the eastern edge of the project, approaching the intersection with Hennepin County Road 6 (also known as 6th Avenue North in this area). MnDOT has completed the U.S. Highway 12 Bypass project adjacent to and north of the project; no additional work in this area is planned at this time. Hennepin County Road 6 borders the project to the south and east.'30 135. No new transportation facilities will be required for the project. Delivery of project components, such as poles and conductors, may have temporary impacts '25 Ex. 12 at p. 39(EA) 126 Ibid. 127 Ibid. 128 Ibid. at pp.39-40 129 Ex.2 at p.53 (Application),Ex. 12 at p.40(EA) 130 Ex. 12 at p.40(EA) 26 along U.S. Highway 12. Construction crews may use portions of the road shoulder while poles are installed and conductors are strung.131 136. The project will cross the U.S. Highway 12 at least once. In both routes evaluated, the current crossing would be used. If the Baker Park Reserve Route Alternative were selected, the route would also cross the highway proceeding north from the substation to the Baker Park Reserve and parallel U.S. Highway 12.'32 137. If the project is located along the Baker Park Reserve Route Alternative, Xcel Energy's preference is to locate transmission structures approximately 10 feet north of MnDOT right-of-way, minimizing intrusion to the Baker Park Reserve. However, compliance with Orono's shoreland overlay zoning would require a setback of 30 feet from road rights of way, increasing intrusion into the Baker Park Reserve.'33 138. Any crossing of U.S. Highway 12 would require approval from MnDOT. Poles would need to be placed outside the MnDOT clear zone for any road crossings or portions paralleling U.S. Highway 12. Xcel Energy would work with MnDOT to ensure that transmission structures are outside of MnDOT's clear zone and that all safety requirements are met.134 139. Signage during construction activities can help to minimize traffic disruption. Guard structures, such as temporary wood poles with a cross arm or line trucks with booms, can be used to protect traffic lanes. HVTL Permits require permittees to cooperate with county and city road authorities to develop appropriate signage and traffic management during construction 135 140. The nearest airport is Maple Airport, a private airport located approximately three miles west of the project. It is not anticipated that the project would impact air traffic.136 141. The BNSF Railroad parallels the south side of U.S. Highway 12 through the project area. The project would cross the BNSF railroad at least once, at the current crossing of Transmission Line 0831. If the Baker Park Reserve Alternative were selected, the route would also cross the railroad proceeding north from the substation to the Baker Park Reserve. The Baker Park Reserve Route Alternative would not parallel BNSF right-of-way.137 13' Ex. 12 at p.40(EA) 132 Ibid. 133 Ibid. 134 Ibid.at p.41 135 Ibid. 136 Ibid. 137 Ibid. at p.40 27 142. The Xcel Energy Route Alternative would parallel the BNSF railroad for approximately 0.34 miles. Xcel Energy received a Certificate of Occupancy from BNSF for a rebuild of the existing crossing between Structures 076-1 and 076 and for the paralleling of transmission and railroad rights-of-way on June 24, 2011. The Occupancy Permit from BNSF details mitigation measures to minimize the potential for interference between the project and the railroad.18 143. Both Xcel Energy and Wright-Hennepin Electric Cooperative serve the city of Orono. The area immediately surrounding the proposed project is served by Wright-Hennepin Electric Cooperative. The project will not change electric service, but will increase reliability of the electric transmission grid.139 144. Metropolitan Council maintains a 12-inch sewer interceptor, forcemain interceptor 8352, buried approximately 12 feet between the BNSF railroad line and U.S. Highway 12. The project will cross the Metropolitan Council forcemain interceptor 8352 at least once. In both routes evaluated, the current crossing would be used and the interceptor would be easily spanned. If the Baker Park Reserve Alternative were selected, the route would also cross the interceptor proceeding north from the substation to the Baker Park Reserve.140 145. Prior to construction the location of the Metropolitan Council forcemain interceptor 8352 will be marked to ensure that construction activities avoid the interceptor.141 146. Xcel Energy will not install water or wastewater facilities at the substation.14' 147. Construction of the project is not anticipated to directly or indirectly impact the area transportation corridors, airports, emergency infrastructure, or utilities. Zoning and Compatibility 148. The Orono Zoning Code, at Section 78-946, lists public service structures integral to transmitting power as an allowed conditional use within all zoning districts. The portion of the project on Xcel Energy's property is zoned as RR-1A, allowing one family per five acres. The remainder of Xcel Energy's Route is located in an area zoned as Planned Residential Development. The portion of the Baker Park Reserve Alternative located within the Baker Park Reserve is zoned as RR-1B, allowing one family per two acres. The Orono 2030 Land Use Plan designates the land south of 138 Ex. 12 at pp.40-41(EA) 139 Ibid. at p.41 140 Ibid. 141 Ibid. 142 Ibid. 28 U.S. Highway 12 as Rural, with one home per 5 acres, and the Baker Park Reserve as park or open space.143 149. Because the operating voltage of the project exceeds 23,000 volts, the project is considered a "high-voltage transmission line" under Section 14-36 of the Orono City Code. The City Code defines an expectation that utility service lines be placed underground to serve residential, commercial, or industrial customers in newly platted areas; however the project is part of a regional transmission upgrade and does not directly serve end-use consumers. Section 14-66(b) specifically exempts high-voltage transmission lines from underground placement. The City's Community Management Plan addresses Private Utilities under Community Management Plan, Part 4F, Public Services Plan. Most of the language in this section addresses utility service to new developments; the project is part of a regional transmission grid and does not serve a particular development.144 150. Orono has established a shoreland overlay district to provide appropriate standards for use and development of shorelands in order to preserve water quality as well as the economic, recreational and natural environmental values of the shorelands and waters they surround. The actual limits of the Shoreland Overlay District depend upon the ordinary high water level (OHWL) of the waterbodies in question; the OHWL has not been delineated. Several structures for both the Xcel Energy Proposed Route and the Baker Park Reserve Alternative appear to lie within Orono's Shoreland Overlay District. Under Orono's Municipal Code structures constructed within the Shoreland Overlay District must meet certain setbacks from public waters and roads. The code requires setbacks of 150 feet from the OHWL of Natural Environment lakes, including Lake Katrina and 100 feet from the OHWL of tributaries, including Painter Creek. The code also requires that structures be setback 30 feet from federal, state, county, public or private road rights-of-way.'45 151. Compliance with setbacks required under Orono's Shoreland Overlay District would require that structures in Baker Park Preserve be set back at least 30 feet from MnDOT right-of-way along U.S. Highway 12.146 Recreation and Tourism 152. The Baker Park Reserve, part of the Three Rivers Park District, is comprised of approximately 2,700 acres in the cities of Orono and Medina. The southern portion of Baker Park Reserve is north and across U.S. Highway 12 from the Proposed Route; the Baker Park Reserve Route Alternative crosses through the park for approximately 940 feet. Baker Park provides a variety of recreational activities including hiking, camping, boating and canoeing, golfing,biking, and winter sports. 143 Ex. 12 at p.41 (EA) 144 Ibid. at p.42 145 Ibid. 146 Ibid. 29 153. Both routes evaluated would replace one structure within the Baker Park Reserve, while the Baker Park Reserve Route Alternative would result in installation of an additional three structures in the park. 154. The Park Gun Club is also located within the Baker Park Reserve. Neither route • would impact the Park Gun Club. 155. With the Xcel Energy Proposed Route direct impacts to Baker Park Reserve would be replacement of Structure 076 on the existing Xcel Energy Line 0831; indirect impacts would be visual, although most likely limited to the western portion of the project.147 156. The Baker Park Reserve Route Alternative would result in installation of up to four structures in the park; the replacement of Structure 076 as well as up to three structures additional structures on the north side of U.S. Highway 12. Depending upon the setback required from public road right-of-way the Baker Park Reserve Alternative would be centered either 10 or 30 feet outside the U.S. Highway 12 right-of-way and require an acquisition of an easement of 47.5 and 67.5 feet in width. Low-growing vegetation would be allowed to repopulate the easement after the line is constructed, but trees would not be allowed to re-establish within the easement. Under this alternative approximately 0.6 to 0.9 acres of trees would be cleared, depending upon the location of the centerline in relation to MnDOT right- of-way. The route in this area would not cross any of the recreational paths, but would be visible to users of the park.148 157. Because federal funds created by the Land and Water Conservation Fund were used for the acquisition of the Baker Park Reserve, the National Park Service would need to approve conversion to other than public outdoor recreation uses. The National Park Service would only consider approval if all alternatives to the conversion have been evaluated and rejected. If approved by the National Park Service, Xcel Energy would need to acquire and provide replacement land of at least equal value and use.'49 Land Based Economies 158. The project would not cross any cultivated lands or pastures, forests, commercial logging operations, or mining operations. No impacts to agricultural, forestry, or mining resources are anticipated.150 147 Ex. 12 at p.42(EA) 148 Ibid.at pp,42-43 149 Ex.22 (Hearing Comments,Three Rivers Park District January 6,2012 letter) 150 Ex. 12 at pp.43-44(EA) 30 Geology and Soils 159. Bedrock in the project area varies from 100 to 400 feet in depth. Excavations for the substation and transmission structures are anticipated to be approximately 25 feet in depth. No geologic impacts are anticipated from the project.151 160. Temporary short-term disturbance of soils would result from site clearing and excavation activities at the substation site, structure locations, pulling and tensioning sites, setup areas and during transport of crews, machinery, materials and equipment over access routes primarily along transmission right-of-way.152 161. Xcel Energy will be required to manage any contaminated soil uncovered during construction.153 Prior to construction Xcel Energy or their agent will conduct a public records search of land involved in the project. In evaluating specific parcels, soil boring will be taken to assess soil conditions.'54 162. Based on preliminary grading plans for the substation site, Xcel Energy estimates that grading would require approximately 15,700 cubic yards of cut and, depending upon the dimensions of a berm that may be constructed at the substation site, between 3,800 and 6,100 cubic yards of 611.155 163. Because construction of the project require disturbing more than one of soil Xcel Energy will apply for a NPDES construction stormwater permit and would prepare a SWPPP. HVTL permits require the Permittee to employ erosion BMPs and to adhere to the terms and conditions of the NPDES permit and the Stormwater Pollution Prevention Plan (SWPP) prepared for the project for MPCA.'56 164. Erosion control methods and BMPs pursuant to MPCA requirements will be utilized to protect topsoil and minimize erosion during construction. Common mitigation measures employed in transmission projects include: • Utilizing seed to establish temporary and permanent vegetative cover on exposed soil. The Minnesota Department of Transportation (MnDOT) and DNR have researched various seed mixes and has identified mixes for specific site characteristics and uses. • Mulch may be applied to form a temporary and protective cover on exposed soils. Mulch can help retain moisture in the soil to promote 151 Ibid. at p.44 152 Ibid. '53 Ex.23 (MPCA Comment Letter) 154 Ex. 2 at p.27(Application) 155 Ex. 12 at p.44(EA) 156 Ibid. at p.47 31 vegetative growth, reduce evaporation, insulate the soil, and reduce erosion. A common mulch material used is hay or straw. • Erecting or using sediment control fences that are intended to retard flow, filter runoff, and promote the settling of sediment out of runoff via ponding behind the sediment control. Examples include biorolls, sandbags, and silt fences. • Using Erosion control blankets and turf reinforcement mats that are typically single or multiple layer sheets made of natural (wood) and/or synthetic materials that provide structural stability to bare surfaces and slopes. • Scheduling construction in areas of wet soils during frozen ground conditions to minimize soil compaction. • Using construction mats to minimize impacts to wet soils.157 165. Areas disturbed during construction will be repaired and restored to pre- construction contours so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate re-vegetation, provide for proper drainage, and prevent erosion.158 Water and Wetland Resources 166. Applicants do not plan to install any wells as part of the project. Excavations required for transmission structures and substation modifications are expected to be approximately 25feet deep. Wells in the project area range in depth from 100 to 200 feet.No groundwater impacts are anticipated from the project.1 9 167. Katrina Lake, located in Baker Park Reserve, approximately 540 feet north of the Baler Park Reserve Alternative, is identified as an impaired lake for nutrients.160 168. Indirect impacts to surface water resources from construction of the project could include sedimentation reaching surface waters during construction due to ground disturbance by excavation, grading, and construction traffic.161 169. Xcel Energy will implement Erosion and sediment control methods and BMPs pursuant to MPCA requirements will be utilized to protect surface water resources from runoff and sedimentation during construction (Findings 163, 164).162 157 Ex. 12 at p.45(EA) 158 Ibid.at p.46 159 Ibid. 160 Ibid. 161 Ibid. 32 170. In addition to erosion control measures, fueling and lubricating of construction equipment away from waterways would ensure that fuel and lubricants do not enter waterways.163 171. Xcel Energy has a license (DNR - License No. 378-1, July 2, 1954)to cross Public Lands and Waters for the existing Painter Creek crossing of Line 0831. The crossing location of the existing Line 0831 will be replaced with a new location for the project,164 Xcel Energy will consult with DNR to determine whether a new crossing license will be required or whether the existing crossing license will cover the new crossing. 172. The DNR has established rules (Minn. Rules part 6135.1300) to regulate utility crossings of public lands and waters in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from utility crossings. The rules outline consideration for structure appearance, minimizing width of right-of-way, screening of structures from river crossings, timing of construction crossings, assurance of adequate heights at water crossings, minimizing the clearing of existing vegetation and establishment of new native vegetation within the right-of-way where existing vegetation has been removed, and chemical control of vegetation in accordance with state and federal rules and regulations. Licenses typically require that the Licensee minimize disturbance to natural streambed and shoreline vegetation and restrict clearance of banks, shorelines and adjacent lands to the minimum necessary for equipment to • complete the installation. 173. Both routes cross portions of the City of Orono's shoreland overlay district.165 174. The Orono Shoreland Overlay District requires that structures be set back a minimum of 100 feet from the Ordinary High Water Level of Painter Creek.166 175. Larger wetland complexes as well as small isolated wetlands are located in and around the project site. Neither the Xcel Energy Proposed Route nor the Baker Park Reserve Route Alternative has been delineated for wetlands, information on wetlands within those routes is from the National Wetland Inventory (NWI) developed by the United States Fish and Wildlife Service (USFWS).167 162 Ex.2,at p. 8-19(Application)and Ex. 12 at p.47(EA) '63 Ex. 12 at p.47(EA) 164 Ibid. at p.46 165 Ibid. at p.47 166 Ibid. 167 Ibid. 33 176. Based on a review of NWI data, approximately 1.0 and 3.3acres of wetlands are located within the 75-foot-wide anticipated rights-of way of the Baker Park Reserve Route Alternative and the Xcel Energy Proposed Routes respectively. 168 177. During the construction phase of the project, there is the potential for temporary impacts to wetlands as a result of ground disturbance related to grading, construction traffic, substation construction, and placement of the transmission line structures. Although minimal grading of areas around pole locations is expected, the substation site will be graded. Potential impacts to wetlands will be limited to the area where the structures and line will be constructed and operated.169 178. Permanent impacts to wetlands would occur where structures must be located within wetland boundaries. Xcel Energy has designed the replacement substation to avoid direct impacts to wetlands. Depending on the delineated location of wetlands and the final location of the right-of-way, up to five structures could potentially be placed in wetlands for both routes. Each structure would result in approximately 50 square feet of permanent wetland impacts per structure or up to 250 square feet total (0.006 acres).170 179. Once a route is finalized and permitting requirement are determined, Xcel Energy will submit the Minnesota Local/State/Federal Application Form for Water/Wetland Projects to the USACE's St. Paul District, DNR and, if needed, the Hennepin County Soil and Water Conservation District. Xcel Energy has stated that they anticipate that authorization for the project from DNR would come, if granted, under the USACE's General Permit/Letter of Permission permitting program (Xcel Energy, 2011 a). As part of the permitting process, Xcel Energy will be required to submit sufficient materials for the USACE to make its jurisdictional determination for impacted wetlands. The joint application will also be subject to DNR, Hennepin County Soil and Water Conservation District, and Minnehaha Creek Watershed District review and regulation under the Minnesota Wetland Conservation Act. A license from the DNR is required to cross public water wetlands."' 180. The project will require a DNR License for Utility to Cross Protected Waters from the DNR Division of Waters because the project passes over and across wetlands designated as state public waters (unnamed 27-916 W and 27-917 W). The DNR license to cross Protected Waters would outline mitigation measures. 181. Xcel Energy commissioned a wetland delineation of the 16 acre parcel within which the Orono Substation would be located. The wetland area within the site was identified as a Type 3, Palustrine Emergent seasonally flooded. Using information 168 Ex. 12 at p.48(EA) 169 Ibid. 17°Ibid. 171 Ibid. at p.49 34 from the wetland delineation of the substation site, Xcel Energy has designed the substation to avoid direct impacts to wetlands from the substation. 182. Following the issuance of a route permit Xcel Energy will perform a wetland delineation along the route to determine wetland locations and minimize impacts from the project. Standard erosion control measures identified in the MPCA Stormwater BMP Manual, such as using silt fencing to minimize impacts on adjacent water resources would be followed. Practices may include containing excavated material, protecting exposed soil, and stabilizing restored soil. In its route permit application, Xcel Energy has proposed the following mitigation measures: • Spanning wetlands to the greatest extent possible. • Assembling structures on upland areas before they are brought to the site for installation. • Avoid crossing wetlands with construction equipment to the extent possible. • Construction during frozen ground conditions in wetlands to the extent possible. • Construction crews will attempt to access the wetland with the least amount of physical impact to the wetland (i.e., shortest route) and will access poles near or in wetlands from roadways whenever possible to minimize travel through wetland areas. • When construction during winter is not possible, construction mats (wooden mats or a composite mat system) would be used to protect wetland vegetation. • Use of standard erosion control measures identified in the MPCA Stormwater BMP Manual, such as suing silt fencing to minimize impacts on adjacent water resources.12 183. Portions of both routes are located within the 100 year floodplains of Lake Katrina and Painter Creek mapped by the Federal Emergency Management Agency (FEMA). The substation site is located outside of a floodplain. Although Xcel Energy would install several transmission structures in a 100 year flood?lain as a result of the project, the function of the floodplain would not be affected.' 3 Archaeological and Historic Resources 184. In response to a request from the Minnesota State Historic Preservation Office (SHPO), Xcel Energy commissioned a Phase Ia background research and literature review to better understand the existing archaeological and historic resources that may be affected by the project (Xcel Energy, 2011a). The Phase Ia report did not identify any archaeological site or inventoried standing structure within either route. 12 Ex. 12 at p.49(EA) 13 Ibid. at p.48 35 No known archaeological sites were identified within the route, and the Phase Ia report anticipated that the potential for the project to impact undiscovered archaeological sites as low because of the project's location within the existing Orono Substation site and along existing transportation corridors or in areas already disturbed by residential development. The Phase Ia report did recommend, and the SHPO concurred, that an archaeological survey be performed in two areas within the project area.' 185. As no historic structures have been identified within or near either route, no physical impacts to historic standing structures from the project are anticipated.15 186. In the event of an unanticipated discovery of cultural resources during project construction, HVTL permits require permittees to stop construction activities and consult with a professional archaeologist and the SHPO to determine the proper course of action. If a cultural resource or feature is determined to be potentially eligible for listing on the National Register of Historic Places, it will be avoided or mitigated before construction can resume.176 Flora (Plant life) 187. Land use along the routes reviewed in this document is predominated by residential uses, which incorporates a large block of undeveloped association land, wetlands, and the Baker Park Reserve, which contains a remnant of the pre- settlement Big Woods vegetation.177 188. The project would directly impact to vegetation would be through tree clearing. The Xcel Energy Proposed Route would remove approximately 2.2 acres of trees; depending upon the route alignment in relation to the MnDOT right-of-way, the Baker Park Reserve Route Alternative remove approximately 2.0 to 2.3 acres of trees. No impacts to identified native plant communities or sensitive plant species are anticipated.'78 Fauna (Wildlife) 189. Wildlife within the project area consists primarily of deer, small mammals, waterfowl, raptors, and perching birds. These species are typical of the land use in the project area, which is a mixture of rural residential, open wetland, and woodland within the Baker Park Reserve.'79 174 Ex. 12 at p. 51(EA) 15 Ibid. 16 Ibid. at p. 52 177 Ibid.at p.49 178 Ibid. 19 Ibid. at p. 50 36 190. During construction, Wildlife could temporarily be displaced and small amounts of habitat could be lost from the project area during construction. Because similar tree and wetland habitats are found adjacent to both routes evaluated, it is likely that these species will only be displaced a short distance and would not incur population level effects due to construction of the transmission line. In the case of the project, the location is dominated by existing transportation and utility corridors as well as residences and, therefore, these species are likely already acclimatized to human development. No permanent impacts to wildlife are anticipated.180 191. The primary impact presented to fauna by transmission lines is the potential for injury and death of raptors, waterfowl, and other large bird species.181 192. Electrocution can occur when birds with large wingspans come in contact with two conductors or with a conductor and a grounding device. The electrocution of large birds, such as raptors, is more commonly associated with small distribution lines than large transmission lines. The Applicants' transmission line design standards provide adequate spacing to eliminate the risk of raptor electrocution and will minimize potential avian impacts from the project's' 193. Avian collisions are also a recognized possibility with the construction and placement of a new transmission line. Collision frequency may increase when a new transmission line is located between feeding and resting areas such as, agricultural fields, wetlands, or open water.'83 194. The USFWS and DNR both recommend installation of bird flight diverters along the transmission line to minimize the potential for avian collision. In most cases, the shield wire of an overhead transmission line is the most difficult part of the structure for birds to see.184 After consultation with the DNR, Xcel Energy will install Swan Flight Diverters, pre-formed spiral shaped devices made of polyvinyl chloride that are wrapped around the shield wire, every 25 feet along the length of the line. Rare and Unique Natural Resources 195. Both route alternatives avoid known native plant communities and rare plant species, no impacts to sensitive plant communities or species are anticipated.185 196. Trumpeter Swans were identified as being within the project area. The greatest concern with trumpeter swans is the potential for collision with transmission lines. 180 Ex. 12 at p. 50(EA) 181 Ibid. 182 Ibid. 183 Ibid. 184 Ibid. 185 Ibid. at p. 51 37 1 Xcel Energy has agreed to install Swan Flight Diverters, along the entire length of the transmission line (Finding 195).186 • Interference 197. Corona from transmission line conductors can generate electromagnetic "noise" in the radio frequency range. This noise may cause broadband interference at the same frequencies that many communication and media signals are transmitted. This noise can cause interference with the reception of these signals depending on the frequency and strength of the signal. Loose hardware on the transmission line may also cause interference.187 198. AM radio frequency interference typically occurs immediately under a transmission line and dissipates rapidly to either side. If radio interference from transmission line corona does occur, satisfactory reception from AM radio stations can be restored by appropriate modification of(or addition to) the receiving antenna system.188 199. Digital and satellite television are expected to have little interference from corona generated noise. Line of site for satellite television users could be obstructed by a transmission line structure. Line of site can usually be restored by moving the consumer satellite dish to a slightly different location.189 200. Wireless internet and cellular phones are not expected to be impacted by the proposed project.190 201. Corona-generated noise from transmission lines could be a source of interference for global positioning systems (GPS). Impacts to GPS systems are typically an issue in agricultural areas because of concerns with interference with farm machinery. The project is not located in an agricultural area and no impacts with GPS systems are anticipated.191 Certificate of Need 202. Pursuant to Minnesota Statute 216B.243, subdivision 2, "No large energy facility shall be sited or constructed in Minnesota without the issuance of a certificate of need by the Commission." In the case of a high-voltage transmission line, a large energy facility is defined as, (1) any high-voltage transmission line with a capacity '86 Ex. 12 at p.51 (EA) 187 Ibid. at p. 52 188 Ibid. '89 Ibid.at pp. 52-53 19°Ibid.at p. 53 191 Ibid. 38 of 200 kV or more and greater than 1,500 feet in length, and (2) any high-voltage transmission line with a capacity of 100 kV or more with more than ten miles of its length in Minnesota or that crosses a state line. 203. The project does not meet the criteria for a "large energy facility" because, although it has a capacity in excess of 100 kV, it is less than 10 miles long. Summary of Human and Environmental Impacts and Commitment of Resources 204. Both routes analyzed in the EA have human and environmental impacts, some of which are unavoidable if the project is permitted and built. Construction of the project will generate temporary noise impacts; installation of new transformers at the replacement substation will create additional noise impacts (Findings 104, 108, 111). The replacement substation, new and taller transmission line structures and an expanded substation would change the view experienced by residents and travelers in the project area (Findings 96, 98). Aesthetic and noise impacts from the replacement substation can be mitigated through substation design (Findings 99, 100, 102, 113). 205. The Baker Park Reserve Route Alternative would have more direct impacts on Baker Park Reserve. Both route alternatives would replace one structure in the Baker Park Reserve with a taller structure, causing an incremental change to the viewshed. The Baker Park Reserve Route Alternative would add up to four additional structures to the park, establish a new right-of-way of up to 67.5 feet and remove between 0.6 and 0.9 acres of trees in the park (Finding 156). Because federal funds created by the Land and Water Conservation Fund were used for the acquisition of the Baker Park Reserve, the National Park Service would need to approve conversion to other than public outdoor recreation uses. The National Park Service would only consider approval if all alternatives to the conversion have been evaluated and rejected. If approval is granted, Xcel Energy would need to acquire and provide replacement land of at least equal value and use (Finding 157). 206. There are few commitments of resources associated with this project that are irreversible and irretrievable, but those that do exist are primarily related to construction. Irreversible and irretrievable resource commitments are related to the use of nonrenewable resources and the effects that the use of these resources have on future generations. Irreversible effects primarily result from the use or destruction of a specific resource that cannot be replaced within a reasonable time frame. Irretrievable resource commitments involve the loss in value of an affected resource that cannot be restored as a result of the action. Construction resources that would be used include aggregate resources, concrete, steel, and hydrocarbon fuel. 39 Applicable Statutory Conditions 207. Minnesota Statute §216B.243, subdivision 2, states that no large energy facility shall be sited or constructed in Minnesota without the issuance of a certificate of need by the Commission. Minnesota Statute §216B.2421, subdivision 2(3) defines a "large energy facility" as any high voltage transmission line with a capacity of 100 kV or more with more than ten miles of length or that crosses a state line. 208. Minnesota Statute §216E.03, subdivision 7, and Minnesota Rule 7850.4100 provides considerations in designating sites and routes and determining whether to issue a permit for a large electric power generating plant or a high-voltage transmission line. Based on the Findings of Fact the Commission makes the following: CONCLUSIONS OF LAW 1. Any of the foregoing Findings more properly designated as Conclusions are hereby adopted as such. 2. The Public Utilities Commission has jurisdiction over the subject matter of this proceeding pursuant to Minnesota Statute §216E.03, subdivision 2. 3. The project qualifies for review under the alternative permitting process of Minnesota Statute §216E.04 and Minn. Rules 7850.2800. 4. The Applicant, the Department of Commerce, and the Public Utilities Commission have complied with all procedural requirements required by law. 5. The Department of Commerce has completed an EA of this project as required by Minnesota Statute §216E.04, subdivision 5, and Minnesota Rule 7850.3700. 6. The Public Utilities Commission has considered all the pertinent factors relative to its determination of whether a route permit should be approved as required by Minnesota Statute §216E.03, subdivision 7, and Minnesota Rule 7850.4100. 7. The conditions included in the route permit are reasonable and appropriate. 40 Based on the Findings of Fact, Conclusions of Law contained herein and the entire record of this proceeding, the Commission hereby makes the following: ORDER A route permit for the Proposed Route, as requested in the route permit application, is hereby issued to Northern States Power Company, a Minnesota corporation, to: construct approximately 0.4 miles of new double circuit 115 kV overhead transmission line, relocate approximately 0.2 miles of Xcel Energy's existing 115 kV transmission line 0831, and replace Xcel Energy's existing Orono Substation in the City of Orono in Hennepin County, Minnesota. 2. The route width for the entire length of the transmission line is as follows:100 feet on each side of existing Line 0831 from Structure 076 to 078 (200 feet total width) for removal and replacement work; 100 feet on each side of new single circuit 115 kV transmission line from Structure 078 to new Structure 077 (200 feet total width); 100 feet on south side and 50 feet on north side of the proposed alignment of the new 115 kV transmission line from new Structure 077 to new Structures 076-1, 076-2, and 076-3 (150 feet total width); 100 feet on either side of the proposed alignment of the new 115 kV transmission line from new Structure 076-3 into the replacement substation area, except that the route width along west property line of Xcel Energy site shall be 50 feet west of Xcel Energy property on Huntington Farm Home Owners Association property and not on residential parcels. 3. The route permit shall be issued in the form attached hereto, with a map showing the approved route. Approved and adopted this 6th day of April 2012. BY ORDER OF THE COMMISSION opsi, Burl W. Haar, , � —2,0;74' Executive Secretary • • 94 ^Liv -: �`!@'479.10 0• `k (LCl, 41 Exhibit List • In the Matter of the Route Permit Application for the Orono Substation Replacement and PUC Docket E002/TL-11-223 new 115 kV Transmission Line Project Exhibit eDocket No. Author Description Received Date Document Number 1 Applicant Notification of intent to file March 17,2011 20113-60432-01 pursuant to alternative process 20116-63311-01; 20116-63311-02; 20116-63311-03; 2 Applicant HVTL Route Permit Application June 6,2011 20116-63311-04; 20116-63311-05; 20116-63311-06 20116-63311-07; 20116-63311-08 EFP staff comments and recommendations to the 3 EFP Commission on application June 22,2011 20116-63910-01 acceptance Notice of Filing of Application 4 Applicant (Affidavits of Mailing and June 29,2011 20116-64195-01 Publication) 5 Commission Order of Application Acceptance June 30,2011 20116-64311-01; (with 20116-64311-02 6 EFP Notice of Public Scoping Meeting July 26 and 27, 20117-64656-01; (with Affidavit of Service) 2011 20117-64598-01 Notice of Public Scoping Meeting 7 Applicant (with Affidavits of Publication)— November 22,2011 201111-68579-01 August 2,2011 Public Comments(oral)made at 8 EFP the information/scoping meeting September 7,2011 20119-66024-01 August 10,2011 Public Comments(written) 9 EFP received during scoping comment September 7,2011 20119-66024-02 period 10 Applicant Northern States Power Company September 7,2011 20119-66015-0I comments on EA Scope DOC Deputy Commissioner's I I DOC Scoping Decision(with Certificate September 14,2011 20119-66367-01 of Service 12 EFP Environmental Assessment November 30,2011 201111-68793-01; (Corrected Version of Appendix B and December 13, 201111-68793-02; eDocket Exhibit Author Description Received Date Document No. Number filed December 13,2011) 2011 201111-68793-03; 201111-68793-04; 201111-68793-05; 201112-69174-01 Notice of Public Hearing and 13 EFP Availability of EA(with Certificate November 30,2011 201111-68813-01 of Service) 14 EFP Notice of Availability of EA in the December 13,2011 201112-69173-02 EQB Monitor(December 12,2011) Notice of Public Hearing(with 15 EFP certified letters to Local December 13,2011 201112-69173-01 Governments) Newspaper Notice of Public Hearing(Wayzata Lakeshore 16 Applicant Weekly News on November 29, December 14,2011 201112-69250-01 2011,and Plymouth, Wayzata, Orono, and Long Lake Sun Sailor on December 1,2011) Northern States Power Pre-filed 201112-69199-01 17Applicant Testimony of Joseph Sedarski December 13,2011 201112-69199-02 201112-69199-03 18 OAH Melissa Fogelberg Submission December 29,2011 201112-69736-01 19 OAH Hearing Transcript January 3,2012 20121-69850-01 20 EFP EFP Letter to ALJ Lipman January 6,2012 20121-70011-01 requesting delay of summary report Northern States Power Company 21 Applicant letter requesting extension of time January 9,2012 20121-70042-01 period 22 OAH Hearing Comments January 6,2012 20121-70034-01; March 2,2012 20123-72152-01; 23 EFP MPCA Hearing Comments, March 13,2012 20123-72548-01 January 6,2012 Noise Assessment and Affidavit of 20121-70285-01 24 Applicant Mailing January 13,2012 20121-70286-01 25 EFP Notice of Comment Period January 13,2012 20121-70260-01 26 OAH ALJ Summary Report March 2,2012 20123-72225-01 STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION ROUTE PERMIT FOR CONSTRUCTION OF A HIGH-VOLTAGE TRANSMISSION LINE AND ASSOCIATED FACILITIES IN HENNEPIN COUNTY ISSUED TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION PUC DOCKET NO. E002/TL-11-223 In accordance with the requirements of Minnesota Statutes Chapter 216E and Minnesota Rules Chapter 7850, this route permit is hereby issued to: NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION Northern States Power Company, a Minnesota Corporation, (Xcel Energy) is authorized by this route permit to relocate approximately 0.2 miles of Xcel Energy Line 0831, to construct approximately 0.4 miles of new double-circuit 115 kV transmission line between Xcel Energy Line 0831 and the Orono Substation, and to expand and modify the Orono Substation to accommodate the new 115 kV transmission line. The transmission line and associated facilities shall be built within the route identified in this permit, as portrayed on the official route map, and in compliance with the all other conditions specified in this permit. Approved and adopted this 6th day of April, 2012 BY ORDER OF THE COMMISSION Burl W. Haar, Executive Secretary ,e»�do This document can be made available in alternative formats (i.e., large print or audio)by calling 651.296.0406 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1.800.627.3529 or by dialing 711. CONTENTS 1 ROUTE PERMIT 4 2 PROJECT DESCRIPTION 4 2.1 Project Location 4 2.2 Associated Facilities and Substations 4 2.3 Structures and Conductors 5 3 DESIGNATED ROUTE 5 3.1 Route Width and Alignment 6 3.2 Right-of-Way Placement 7 3.3 Right-of-Way Width 7 4 GENERAL CONDITIONS 7 4.1 Plan and Profile 7 4.2 Construction Practices 8 4.2.1 Field Representative 8 4.2.2 Local Governments 8 4.2.3 Cleanup 8 4.2.4 Noise 8 4.2.5 Vegetation Removal in the Right-of-Way 8 4.2.6 Aesthetics 9 4.2.7 Erosion Control 9 4.2.8 Wetlands and Water Resources 10 4.2.9 Temporary Work Space 10 4.2.10 Restoration 11 4.2.11 Notice of Permit 11 4.3 Periodic Status Reports 11 4.4 Complaint Procedures 11 4.5 Notification to Landowners 11 4.6 Completion of Construction 12 4.6.1 Notification to Commission 12 4.6.2 As-Builts 12 4.6.3 GPS Data 12 4.7 Electrical Performance Standards. 12 4.7.1 Grounding 12 4.7.2 Electric Field 12 4.7.3 Interference with Communication Devices 13 4.8 Other Requirements 13 Page I2 4.8.1 Applicable Codes 13 4.8.2 Other Permits 13 4.8.3 Pre-emption 13 4.8.4 Delay in Construction 13 4.9 Archeological and Historic Resources 13 4.10 Avian Mitigation 14 5 SPECIAL CONDITIONS 14 5.1 Noise Mitigation 14 5.2 Swan Flight Diverters 14 5.3 Replacement Substation Design Plan 14 5.4 Archaeological Surveys 15 6 PERMIT AMENDMENT 15 7 TRANSFER OF PERMIT 15 8 REVOCATION OR SUSPENSION OF THE PERMIT 15 ATTACHMENTS Complaint Handling Procedures for High-Voltage Transmission Lines Permit Compliance Filings Compliance Filing Procedures for Permitted Energy Facilities ROUTE MAPS Overview Route HVTL Route Aerial Map Page I3 • 1 ROUTE PERMIT The Minnesota Public Utilities Commission (Commission) hereby issues this route permit to Northern States Power, a Minnesota corporation (Permittee) pursuant to Minnesota Statute 216E.03 and Minnesota Rules 7850. This permit authorizes the Permittee to construct approximately 0.6 miles of new 115 kV transmission line and associated facilities in Hennepin County, Minnesota and as identified in the attached route permit maps, hereby incorporated into this document. 2 PROJECT DESCRIPTION The Permittee is authorized to construct a project comprising of the relocation of an existing 115 kV transmission line, construction of a new 115 kV transmission line, and associated facilities described as: • Construction of approximately 0.4 miles of new double circuit 115 kV transmission line between Xcel Energy line 0831 and the Orono Substation. • Relocation of approximately 0.2 miles of the existing Xcel Energy single circuit 115 kV transmission line 0831. • Replacement of the existing 69 kV Orono Substation with a new 115 kV substation at the same location, but with a larger footprint to accommodate the new 115 kV transmission line. 2.1 Project Location The project is located in Township 118N, Range 23 W, Sections 29, 30, and 32 in the northeastern portion of the city of Orono in Hennepin County, Minnesota. 2.2 Associated Facilities and Substations The project would replace the existing 69 kV Orono Substation with an expanded 115 kV substation at the same location in the southwest portion of the 16 acre parcel owned by Xcel Energy, encompassing the existing 69kV site. Depending upon the extent of landscaping to mitigate substation impacts, up to 50 feet west of the Xcel Energy Parcel may be required. The fenced area of the new 115 kV substation would be approximately 1.2 acres, encompassing the existing 0.1 acre site of the 69 kV substation. Xcel Energy will grade a total area of approximately 1.6 acres, for the substation and re-aligned access road to ensure both a stable base for the substation equipment and proper drainage and runoff control. Additional area may be graded to establish landscaping to mitigate substation impacts. Project work at the substation would entail: • Removal of the termination structure for Great River Energy's (GRE) 69 kV transmission line; switchgear from the existing 69 kV substation will be reused in its existing location; • Installation of a mobile substation or use of GRE's existing 69 kV transmission line during construction to ensure that service is maintained until the 115 kV source is energized; Page I 4 • Installation of a new 115-13.8 kV substation with a 28 mega volt ampere (MVA), 118-14.3 kV transformer; • Installation of two 115 kV line terminations, each with a motor—operated transmission line switch, one with a quick-break line dropping whip; • Installation of two single-phase coupling capacitor voltage instrument transformers with carrier accessories; • Installation of two 2000 amp line traps and tuners; and • Installation of six 76 kV maximum continuous operating voltage station class surge arresters. • Installation of noise walls of the size and type evaluated in the Noise Assessment. 2.3 Structures and Conductors The Permittee shall use 115/115 kV single pole double-circuit structures constructed of galvanized steel for Structures 076-1 to 076-5. Structures would be approximately 75 to 115 feet in height with average spans of 300 to 500 feet between structures. Permittee shall install a new self-supporting single-circuit angle structure, 077, in the portion of the line relocating Xcel Energy's existing line 0831. The new structure would be constructed of galvanized steel and be approximately 70 to 90 feet in height with spans of 300 feet to 500 feet between structures. Permittee shall use single-pole cross arm Y-frame structures constructed of galvanized steel to replace the existing Structure 076, in Baker Park Reserve, and 078, where Xcel Energy's existing line 0831 would be relocated. These structures would be 70 to 90 feet in height, with spans of 300 to 500 feet between structures. The transmission line shall be equipped with protective devised to safeguard the public if an accident occurs. The transmission line shall be designed to meet or exceed local and state codes, the National Electric Safety Code (NESC), and North American Electric Reliability Corporation (NERC) requirements. This includes standards relating to clearances to ground, clearance to crossing utilities, clearance to buildings, strength of materials, clearances over roadways, right-of-way widths, and permit requirements. 3 DESIGNATED ROUTE The approved route is shown on the route map attached to this permit and further designated as follows: The new transmission line would exit an expanded Orono Substation, head north for 866 feet as a double circuit line and then turn to the northwest along the southern edge of the BNSF railroad right-of-way for approximately 1,205 feet to the existing 115 kV transmission Line 0831. At this point, the Project would replace three existing transmission structures and approximately Page5 1,030 feet of single circuit 115 transmission Line 0831with two new structures and approximately 1,095 feet of single circuit 115 kV transmission line, re-routing the existing line off of two residential parcels and onto adjacent Huntington Farm Home Owners Association property adjacent to the BNSF railroad. A new double-circuit corner structure would connect the single- and double-circuit portions of the project. The Project would also install fiber optic ground wire along the entire length of the Project 3.1 Route Width and Alignment The designated route width will be as follows: 100 feet on each side of existing Line 0831 from Structure 076 to 078 (200 feet total width) for removal and replacement work; 100 feet on each side of new single circuit 115 kV transmission line from Structure 078 to new Structure 077 (200 feet total width); 100 feet on south side and 50 feet on north side of new 115 kV transmission line from new Structure 077 to new Structures 076-1, 076-2, and 076-3 (150 feet total width); 100 feet on either side of new 115 kV transmission line from new Structure 076-3 into the replacement substation area, except that the route width along west property line of Xcel Energy site shall be 50 feet west of Xcel Energy property on Huntington Farm Home Owners Association property and not on residential parcels. This width will provide the Permittee with flexibility for minor adjustments of the specific alignment or right-of-way to accommodate landowner requests and unforeseen conditions. The final alignment (i.e., permanent and maintained rights-of-way) will be located within this designated route unless otherwise authorized below. The designated route identifies an alignment that minimizes the overall potential impacts to the factors identified in Minnesota Rule 7850.4100 and which was evaluated in the environmental review and permitting process. Consequently, this permit anticipates that the actual right-of-way -• will generally conform to the alignment shown in the attached maps, unless changes are requested by individual landowners, unforeseen conditions are encountered, or are otherwise provided for by this permit. Any alignment modifications within this designated route shall be located so as to have comparable overall impacts relative to the factors in Minnesota Rule 7850.4100 as does the alignment identified in this permit, and shall be specifically identified and documented in and approved as part of the Plan and Profile submitted pursuant to Section 4.1 of this permit. Route width variations outside the designated route may be allowed for the Permittee to overcome potential site specific constraints. These constraints may arise from any of the following: 1) Unforeseen circumstances encountered during the detailed engineering and design process. 2) Federal or state agency requirements. Page 16 3) Existing infrastructure within the transmission line route, including but not limited to roadways, railroads, natural gas and liquid pipelines, high voltage electric transmission lines, or sewer and water lines. 4) Planned infrastructure improvements identified by state agencies and local government units (LGUs) and made part of the record for this permit. Any alignment modifications arising from these site specific constraints that would result in right-of-way placement outside the designated route shall be located so as to have comparable overall impacts relative to the factors in Minnesota Rule 7850.4100 as does the alignment identified in this permit and shall also be specifically identified and documented in and approved as part of the plan and profile submitted pursuant to Section 4.1 of this permit. 3.2 Right-of-Way Placement Where the transmission line route parallels existing highway and other road rights-of-way, the transmission line right-of-way shall occupy and utilize the existing right-of-way to the maximum extent possible, consistent with the criteria in Minnesota Rule 7850.4100, the other requirements of this permit, and for highways under the jurisdiction _of-the Minnesota Department of Transportation (Mn/DOT), Mn/DOT rules, policies, and procedures for accommodating utilities in trunk highway rights-of-way. 3.3 Right-of-Way Width The 115 kV transmission line will be built with single pole structures, which will require a 75- foot right-of-way, 37.5 feet on each side of the transmission line centerline. 4 GENERAL CONDITIONS The Permittee shall comply with the following general conditions during construction of the transmission line and associated facilities and the life of this permit. 4.1 Plan and Profile At least thirty (30) days before right-of-way preparation for construction begins on any segment or portion of the project, the Permittee shall provide the Commission with a plan and profile of the right-of-way and the specifications and drawings for right-of-way preparation, construction, transmission structure specifications and locations, and restoration for the transmission line. The documentation shall include maps depicting the plan and profile including the right-of-way, alignment, and structures in relation to the route and alignment approved per the permit. The permittee will continue to consult with adjacent landowners regarding final design of the noise walls and berms, and provide a noise abatement design for the substation during the Plan and Profile. The Permittee may not commence construction until the thirty (30) days has expired or until the Commission has advised the Permittee in writing that it has completed its review of the documents and determined that the planned construction is consistent with this permit. If the Page 17 Permittee intend to make any significant changes in the plan and profile or the specifications and drawings after submission to the Commission, the Permittee shall notify the Commission at least five (5) days before implementing the changes. No changes shall be made that would be in violation of any of the terms of this permit. 4.2 Construction Practices The Permittee shall follow those specific construction practices and material specifications described in the Northern States Power Company application to the Commission for a route permit, dated June 7, 2011, and as described in the environmental assessment and Findings of Fact, unless this permit establishes a different requirement, in which case this permit shall prevail. 4.2.1 Field Representative At least fourteen (14) days prior to commencing construction, the Permittee shall advise the Commission in writing of the person or persons designated to be the field representative for the Permittee with the responsibility to oversee compliance with the conditions of this permit during construction. The field representative's address, phone number, email, and emergency phone number shall be provided to the Commission and shall be made available to affected landowners, residents, public officials and other interested persons. The Permittee may change the field representative at any time upon written notice to the Commission. 4.2.2 Local Governments During construction, the permitee shall minimize any disruption to public services or public utilities. To the extent disruptions to public services occur, these would be temporary and the permitee will work to restore service promptly. Where any impacts to utilities have the potential to occur, permitee will work with both landowners and local agencies to determine the most appropriate transmission structure placement. The Permittee shall cooperate with county and city road authorities to develop appropriate signage and traffic management during construction. 4.2.3 Cleanup All waste and scrap that is the product of construction shall be removed from the area and properly disposed of upon completion of each task. Personal litter, including bottles, cans, and paper from construction activities shall be removed on a daily basis. 4.2.4 Noise Construction and routine maintenance activities shall be limited to daytime working hours, as defined in Minnesota Rule 7030.0200, to ensure nighttime noise level standards will not be exceeded. Page I8 4.2.5 Vegetation Removal in the Right-of-Way The Permittee shall minimize the number of trees to be removed in selecting the right-of- way specifically preserving to the maximum extent practicable windbreaks, shelterbelts, living snow fences and vegetation in areas such as trail and stream crossings, where vegetative screening may minimize aesthetic impacts, to the extent that such actions do not violate sound engineering principles or system reliability criteria. Tall tree species located within the transmission line right-of-way that endanger the safe and reliable operation of the transmission facility will be removed. In many cases certain low and slow growing species that do not exceed a mature height of 15 feet can be planted in the right-of-way to blend the difference between the right-of- way and adjacent wooded areas, to the extent that the low growing vegetation that will not pose a threat to the transmission facility or impede construction. 4.2.6 Aesthetics The Permittee shall consider input pertaining to visual impacts from landowners or land management agencies prior to final location of structures, rights-of-way, and other areas with the potential for visual disturbance. Care shall be used to preserve the natural landscape, minimize tree removal and prevent any unnecessary destruction of the natural surroundings in the vicinity of the project during construction and maintenance. Structures shall be placed at the reasonable distance, consistent with sound engineering principles and system reliability criteria, from intersecting roads, highway, or trail crossings and could cross roads to minimize or avoid impacts. 4.2.7 Erosion Control The Permittee shall follow standard erosion control measures outlined in Minnesota Pollution Control Agency (MPCA) guidance and best management practices regarding sediment control practice during construction include protecting storm drain inlets, use of silt fences, protecting exposed soil, immediately stabilizing restored soil, controlling temporary soil stockpiles, and controlling vehicle tracking. The Permittee shall implement reasonable measures to minimize runoff during construction and shall promptly plant or seed, erect sediment control fences (e.g. biorolls, sandbags, and silt fences), apply mulch (e.g. hay or straw) on exposed soils, and/or use erosion control blankets and turf reinforcement mats to provide structural stability to bare surfaces and slopes. When utilizing seed to establish temporary and permanent vegetative cover on exposed soil, the Permittee shall select specific site characteristic seed, certified to be free of noxious weeds. Contours shall be graded as required so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate re-vegetation, provide for Page 19 proper drainage, and prevent erosion. All areas disturbed during construction of the facilities shall be returned to their pre-construction condition. Where larger areas of one acre or more are disturbed or other areas designated by the MPCA, the Permittee shall prepare the required Stormwater Pollution Prevention Plan (SWPPP) and obtain a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) construction stormwater permit from the MPCA. 4.2.8 Wetlands and Water Resources Structures shall be located to span watercourses, wetlands, and floodplains to the extent practicable and consistent with sound engineering principles. Minimal grading of areas around pole locations may be required to accommodate construction vehicles and equipment. Construction of Public Water crossings shall be consistent with construction methods identified in Minn. Rule 6135.1300, as required by the Minnesota Department of Natural Resources in the License to Cross Public Lands and Waters. Permittee shall minimize disturbance to natural streambed and shoreline vegetation and restrict clearance of banks, shorelines and adjacent lands to the minimum necessary for equipment to complete the installation to the extent that such actions do not violate sound engineering principles or system reliability criteria. The Permittee shall endeavor to access wetlands and riparian areas using the shortest route possible in order to minimize travel through wetland areas and prevent unnecessary impacts wherever possible. Construction in wetlands and riparian areas shall be scheduled during frozen ground conditions, when practicable. When construction during winter is not possible, construction mats (wooden mats or a composite mat system) shall be used to protect wetland vegetation. All-terrain construction vehicles designed to minimize soil impact in damp areas may also be used. No staging or stringing set up areas shall be placed within or adjacent to wetlands or - water resources, as practicable. The structures shall be assembled on upland areas before they are brought to the site for installation. Soil excavated from the wetlands and riparian areas shall be contained and not placed back into the wetland or riparian area. The Permittee shall also utilize erosion control methods identified in Section 4.2.7 (Erosion Control), as warranted. Areas disturbed by construction activities shall be restored to pre-construction conditions (soil horizons, contours, vegetation, etc.). 4.2.9 Temporary Work Space The Permittee shall limit temporary easements to special construction access needs and additional staging or lay-down areas required outside of the authorized right-of-way. Space shall be selected to limit the removal and impacts to vegetation. Page 1 10 Temporary lay down areas outside of the authorized transmission line right-of-way will be obtained from affected landowners through rental agreements and are not provided for in this permit. Temporary driveways may be constructed between the roadway and the structures to minimize impact by using the shortest route possible. Construction mats may also be used to minimize impacts on access paths and construction areas. 4.2.10 Restoration The Permittee shall restore the right-of-way, temporary work spaces, access roads, abandoned right-of-way, and other public or private lands affected by construction of the transmission line. Practices to restore areas impacted by construction and maintenance activities are also described in Section 4.2.7 of this permit. Restoration within the right-of-way must be compatible with the safe operation, maintenance, and inspection of the transmission line. Within 60 days after completion of all restoration activities, the Permittee shall advise the Commission in writing of the completion of such activities. The Permittee shall compensate landowners for any yard/landscape, crop, soil compaction, drain tile, or other damages that may occur during construction. 4.2.11 Notice of Permit The Permittee shall inform all employees, contractors, and other persons involved in the transmission line construction of the terms and conditions of this permit. 4.3 Periodic Status Reports The Permittee shall report to the Commission on progress regarding finalization of the route, design of structures, and construction of the transmission line. The Permittee need not report more frequently than monthly. 4.4 Complaint Procedures Prior to the start of construction, the Permittee shall submit to the Commission the procedures that will be used to receive and respond to complaints. The procedures shall be in accordance with the requirements set forth in the complaint procedures attached to this permit. 4.5 Notification to Landowners The Permittee shall provide all affected landowners with a copy of this permit and the complaints procedures at the time of the first contact with the landowners after issuance of this permit. At the time of first contact, the Permittee shall also provide all affected landowners with a copy of the Landowner Guide to Easements publication provided by the Department of Commerce. Page 11 The Permittee shall contact landowners prior to entering the property or conducting maintenance along the route. The Permittee shall avoid construction and maintenance practices, particularly the use of fertilizer, herbicides or other pesticides, that are inconsistent with the landowner's or tenant's use of the land (See also, Section 4.2.5). The Permittee shall work with landowners to locate the high-voltage transmission line to minimize the loss of agricultural land, forest, and wetlands, and to avoid homes and farmsteads. 4.6 Completion of Construction 4.6.1 Notification to Commission At least three days before the line is to be placed into service, the Permittee shall notify the Commission of the date on which the line will be placed into service and the date on which construction was complete. 4.6.2 As-Builts Within 60 days after completion of construction, the Permittee shall submit copies of all the final as-built plans and specifications developed during the project. 4.6.3 GPS Data Within 60 days after completion of construction, the Permittee shall submit to the Commission, in the format requested by the Commission, geo-spatial information (ArcGIS compatible map files, GPS coordinates, associated database of characteristics, etc.) for all structures associated with the transmission line, each switch, and each substation connected. 4.7 Electrical Performance Standards. 4.7.1 Grounding The Permittee shall design, construct, and operate the transmission line in a manner that the maximum induced steady-state short-circuit current shall be limited to five milliamperes (mA), root mean square (rms) alternating current between the ground and any non-stationary object within the right-of-way, including but not limited to large motor vehicles and agricultural equipment. All fixed metallic objects on or off the right- of-way, except electric fences that parallel or cross the right-of-way, shall be grounded to the extent necessary to limit the induced short-circuit current between ground and the object so as not to exceed one mA rms under steady state conditions of the transmission line and to comply with the ground fault conditions specified in the NESC. The Permittee shall address and rectify any induced current problems that arise during transmission line operation. Page 1 12 4.7.2 Electric Field The transmission line shall be designed, constructed, and operated in such a manner that the electric field measured one meter above ground level immediately below the transmission line shall not exceed 8.0 kV/m rms. 4.7.3 Interference with Communication Devices If interference with radio or television, satellite, wireless internes, GPS-based agriculture navigation systems or other communication devices is caused by the presence or operation of the transmission line, the Permittee shall take whatever action is prudently feasible to restore or provide reception equivalent to reception levels in the immediate area just prior to the construction of the line. 4.8 Other Requirements. 4.8.1 Applicable Codes The Permittee shall comply with applicable requirements of the NESC including clearances to ground, clearance to crossing utilities, clearance to buildings, right-of-way widths, erecting power poles, and stringing of transmission line conductors. The _transmission line facility shall also meet the NERC reliability standards. 4.8.2 Other Permits The Permittee shall comply with all applicable state rules and statutes. The Permittee shall obtain all required local, state and federal permits for the project and comply with the conditions of these permits. A list of the required permits is included in the route permit application and the environmental assessment. The Permittee shall submit a copy of such permits to the Commission upon request. 4.8.3 Pre-emption Pursuant to Minnesota Statutes 216E.10, subdivisions 1 and 2, this route permit shall be the sole route approval required to be obtained by the Permittee and this permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government. 4.8.4 Delay in Construction If the Permittee have not commenced construction or improvement of the route within four years after the date of issuance of this permit, the Commission shall consider suspension of the permit in accordance with Minnesota Rule 7850.4700. 4.9 Archeological and Historic Resources If any previously unrecorded archaeological sites are discovered during construction of the project, the Permittee shall immediately stop work at the site and shall mark and preserve the site(s) and notify the Commission and the State Historic Preservation Office (SHPO) of the discovery. The Commission and the SHPO shall have three (3) working days from the time the Page I 13 agency is notified to conduct an inspection of the site if either agency chooses to do so. On the fourth day after notification, the Permittee may begin work on the site unless the SHPO has directed that work shall cease. In such event, work shall not continue until the SHPO determines that construction can proceed. If human remains are encountered during construction, the Permittee shall immediately halt construction at that location and promptly notify local law enforcement authorities and the State Archaeologist. Construction at the human remains location shall not proceed until authorized by local law enforcement authorities or the State Archaeologist. If any federal funding, permit, or license is involved or required, the Permittee shall notify the SHPO as soon as possible in the planning process to coordinate section 106 (36 C.F.R. part 800) review. Prior to construction, construction workers shall be trained about the need to avoid cultural properties, how to identify cultural properties, and procedures to follow if undocumented cultural properties, including gravesites, are found during construction. 4.10 Avian Mitigation The Permittee' standard transmission design shall incorporate adequate spacing of conductor(s) and grounding devices in accordance with Avian Power Line Interaction Committee standards to eliminate the risk of electrocution to raptors with larger wingspans that may simultaneously come in contact with a conductor and grounding devices. 5 SPECIAL CONDITIONS Special conditions shall take precedence over any of the other conditions of this Permit fif there should be a conflict between the two. The Permittee shall provide a report to the Commission as part of the plan and profile submission that describes the actions taken and mitigative measures developed regarding the project and the following Special Conditions. 5.1 Noise Mitigation The Permittee shall limit construction activities to occur between 7 a.m. and 8 p.m. on weekdays and 8 a.m. to 8 p.m. on weekends, consistent with the city of Orono's noise regulations. 5.2 Swan Flight Diverters The Permittee shall install Swan Flight Diverters (SFDs) at intervals of 25 feet along the approved route, as shown in the maps attached to this permit. 5.3 Replacement Substation Design Plan The replacement substation shall be designed and constructed in a manner that, to the extent possible: 1) minimizes the impact of the project on persons living, working and traveling in close Page 114 proximity to the replacement substation, 2) minimizes the aesthetic impact, and 3) is compatible with the surrounding structures. Within 60 days of the issuance of this permit,the Permittee shall submit a preliminary design plan for the replacement substation to the Commission, the city of Orono, the Huntington Farm Home Owners Association, and property owners of record with properties located south of U.S. Highway 12, west of the U.S Highway 12/Hennepin County Road 6interchange, and within 2,500 feet of the proposed fenced area of the replacement substation,. The preliminary design shall include, at a minimum, details concerning the location of the replacement substation on the site, grading of the site,the size and type of noise walls to be installed around the transformer location, fencing, lighting, and landscaping including location and dimension of proposed berms and vegetation around the replacement substation. The Permittee shall allow the Commission, the city of Orono, the Huntington Farm Home Owners Association, and local landowners a minimum of 30 days to review and provide comments on the preliminary design. Along with the required compliance filing of the Plan and Profile (see 3.1),the Permittee shall submit to the Commission the final replacement substation design, including a discussion of the comments received and rationale for the Permittee's final design decisions. 5.4 Archaeological Surveys The Permittee shall perform an archeological survey as identified by the SHPO to identify any previously unknown archaeological resources. 6 PERMIT AMENDMENT The permit may be amended at any time by the Commission. Any person may request an amendment of the conditions of this permit by submitting a request to the Commission in writing describing the amendment sought and the reasons for the amendment. The Commission will mail notice of receipt of the request to the Permittee. The Commission may amend the conditions after affording the Permittee and interested persons such process as is required. 7 TRANSFER OF PERMIT The Permittee may request at any time that the Commission transfer this permit to another person or entity. The Permittee shall provide the name and description of the person or entity to whom the permit is requested to be transferred, the reasons for the transfer, a description of the facilities affected, and the proposed effective date of the transfer. The person to whom the permit is to be transferred shall provide the Commission with such information as the Commission shall require to determine whether the new permittee can comply with the conditions of the permit. The Commission may authorize transfer of the permit after affording the Permittee,the new permittee, and interested persons such process as is required. Page 115 8 REVOCATION OR SUSPENSION OF THE PERMIT The Commission may initiate action to revoke or suspend this permit at any time. The Commission shall act in accordance with the requirements of Minnesota Rule 7850.5100 to revoke or suspend the permit. Page 116 MINNESOTA PUBLIC UTILITIES COMMISSION COMPLIANCE FILING PROCEDURE FOR PERMITTED ENERGY FACILITIES 1. Purpose To establish a uniform and timely method of submitting information required by the Commission energy facility permits. 2. Scope and Applicability This procedure encompasses all compliance filings required by permit. 3. Definitions Compliance Filing — A sending (filing) of information to the Commission, where the information is required by a Commission site or route permit. 4. Responsibilities A) The Permittee shall eFile all compliance filings with Dr. Burl Haar, Executive Secretary, Public Utilities Commission, through the Department of Commerce (DOC) eDocket system. The system is located on the DOC website: https://www.edockets.state.mn.us/EFiling/home jsp General instructions are provided on the website. Permittee must register on the website to eFile documents. B) All filings must have a cover sheet that includes: 1) Date 2) Name of submitter/Permittee 3) Type of Permit(Site or Route) 4) Project Location 5) Project Docket Number 6) Permit Section Under Which the Filing is Made 7) Short Description of the Filing Filings that are graphic intensive (e.g , maps, plan and profile) must, in addition to being eFiled, be submitted as paper copies and on CD. Copies and CDs should be sent to: 1) Dr. Burl W. Haar, Executive Secretary, Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, MN, 55101-2147, and 2) Department of Commerce, Energy Facility Permitting, 85 7th Place East, Suite 500, St. Paul, MN, 55101-2198. Page I17 PERMIT COMPLIANCE FILINGS1 PERMITTEES: Northern States Power Company, a Minnesota Corporation PERMIT TYPE: HVTL Route Permit PROJECT LOCATION: Hennepin County PUC DOCKET NUMBER: E002/TL-11-223 Filing Permit Section Description Due Date Number Plan and profile of right- 30 days before ROW 1 . 4. 1 of-way preparation or construction Contact information for 14 days prior to construction 2 4.2.1 field representative Restoration Complete 60 days after completion of 3 4.2.10 all restoration activities Periodic Status Reports monthly 4 4.3 Complaint Procedures Prior to start of construction 5 4.4 Paragraph F of Complaint Reports By the 15th of each month 6 Complaint Handling Procedures Notification to landowners 7 4.5 Notice of completion and Three days prior to 8 4.6.1 date of placement in energizing service Provide As-built plans and Within 60 days after 9 4.6.2 specifications completion of construction GPS information Within 60 days after 10 4.6.3 completion of construction Notification of previously As needed 11 4.9 unrecorded archaeological sites This compilation of permit compliance filings is provided for the convenience of the permittees and the PUC. However,it is not a substitute for the permit;the language of the permit controls. Page 19 Swan Flight Diverter 30 days before ROW 13 5.2 Locations preparation or construction Replacement Substation 30 days before ROW 14 5.3 Design Plan preparation or construction Report of Archaeological 30 days before ROW 15 5.4 Survey preparation or construction Page 120 MINNESOTA PUBLIC UTILITIES COMMISSION COMPLAINT HANDLING PROCEDURES FOR HIGH VOLTAGE TRANSMISSION LINES A. Purpose: To establish a uniform and timely method of reporting complaints received by the Permittee concerning Permit conditions for site preparation, construction, cleanup and restoration, operation and resolution of such complaints. B. Scope: This document describes Complaint reporting procedures and frequency. C. Applicability: The procedures shall be used for all complaints received by the Permittee and all complaints received by the Commission under Minn. Rule 7829.1500 or 7829.1700 relevant to this Permit. D. Definitions: Complaint: A verbal or written statement presented to the Permittee by a person expressing dissatisfaction or concern regarding site preparation, cleanup or restoration or other HVTL and associated facilities route permit conditions. Complaints do not include requests, inquiries, questions or general comments. Substantial Complaint: A written Complaint alleging a violation of a specific Route Permit condition that, if substantiated, could result in Permit modification or suspension pursuant to the applicable regulations. Unresolved Complaint: A Complaint which, despite the good faith efforts of the Permittee and a person(s), remains to both or one of the parties unresolved or unsatisfactorily resolved. Person: An individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized. E. Complaint Documentation and Processing: 1. The Permittee shall document all Complaints by maintaining a record of all applicable information concerning the Complaint, including the following: Page 121 a. Name of complainant, address, phone number, and e-mail address. b. Precise property description or parcel number. c. Name of Permittee representative receiving Complaint and date of receipt. d. Nature of Complaint and the applicable Route Permit conditions(s). e. Activities undertaken to resolve the Complaint. f. Final disposition of the Complaint.- 2. The Permittee shall designate an individual to summarize Complaints for substantial • to the Commission. This person's name, phone number and e-mail address shall accompany all complaint submittals. 3. A Person presenting the Complaint should to the extent possible, include the following information in their communications: a. Name, address, phone number, and e-mail address. b. Date c. Tract or parcel d. Whether the complaint relates to (1) a Route Permit matter, (2) a HVTL and associated facility issue, or(3)a compliance issue. F. Reporting Requirements: The Permittee shall report all complaints to the Commission according to the following schedule: Immediate Reports: All substantial complaints shall be reported to the Commission the same day received, or on the following working day for complaints received after working hours. Such reports are to be directed to HVTL Permit Compliance, 1-800-657- 3794, or by e-mail to: DOC.energypermitcompliance(a,state.mn.us, or. Voice messages are acceptable. Monthly Reports: By the 15th of each month, a summary of all complaints, including substantial complaints received or resolved during the preceding month, shall be Filed to Dr. Burl W. Haar, Executive Secretary, Public Utilities Commission,using the Minnesota Department of Commerce eDocket system (see eFiling instructions attached to this permit). If no Complaints were received during the preceding month, the Permittee shall submit (eFile) a summary indicating that no complaints were received. G. Complaints Received by the Commission or DOC: Complaints received directly by the Commission from aggrieved persons regarding site preparation, construction, cleanup, restoration, operation and maintenance shall be promptly sent to the Permittee. Page 122 H. Commission Process for Unresolved Complaints: Initial Screening: Commission staff shall perform an initial evaluation of unresolved Complaints submitted to the Commission. Complaints raising substantial HVTL Route Permit issues shall be processed and resolved by the Commission. Staff shall notify Permittee and appropriate person(s) if it determines that the Complaint is a Substantial Complaint. With respect to such Complaints, each party shall submit a written summary of its position to the Commission no later than ten days after receipt of the Staff notification. Staff shall present Briefing Papers to the Commission, which shall resolve the Complaint within twenty days of submission of the Briefing Papers. Permittee Contacts for Complaints: Mailing Address: Complaints filed by mail shall be sent to: ATTN: Mr. Joseph Sedarski Senior Permitting Analyst Xcel Energy Services 414 Nicollet Mall, MP-8 Minneapolis, MN 55401 Tel: (612) 330-6435 Email: joseph.g.sedarskil@xcelenergy.com Page123 HVTL ROUTE MAP • Page 125 os3W Wa sfi + • .` • —44.11 i u I • ri, '44tJI \ ;J Q O WI } \ r �y "N \,y,• I LL Q ,. • ?i Oa 0� 4K f` R II �3 ',til W Z f 1 � ''.1. Vl O Z \ , ;,,,• ., .:§,„i...t. , / ....„ .,,l_ 7, .,,, , -4,:. sr .1. 1 ., x i � I , K y IE 0 , ,. ..„,h V‹..‘11-;...FS., A A • o3 t x;,^ ii iiit 4 N : m \FA , m N ii ita -1,0h :�� a4 -i A. • a ▪ I " — I cr.'. o 4 5 ') 3a. I/ t �S Y - ��ao;? c€ ! a f�+_ .�-.-'-'7,-,- fes` •'riw'b�'���ty « X ,x O J =A.\ pptt _ .-.,'-f, z /(Y da,• ' -' /! _ • `..'9°'F :N,,,,,- .�t },}tom ":r `"�. e. 3 6 `�+¢i�i Y, G 'ham1_-..*,A.„-e-, ` y tr- �' S" i ,.: Fie *IBICZs•N^ h. .a �. : i + / / „....,„,./.„:4,1,7- i-;:-i-;:- r :tlx' a � � yn �+ + t �+3 c. dtam., 'P1 )T : ¢: ,...,r,„ ;#rk• t17... •' ..- . e :-.,. , _, ,,,,,o,,. i 1 3 „„ 41.7• '1'.;-• i'. fil.t.t..t3';',:,41i' '7,_"'; \ `,,,' '-': z, ›, i . ic : .1_ _ .,,.. W'L 4' , ;:-,, a g3 2 S t 8 '/ o 2 g m 1111 �'3 �pFpr• '�} , 1�`- "1F"._ .'�0 o u' 6i' G i yec :::;i,.. Y , !Y 111 X /,// 4 , • . M� a t • ♦s. �i .. Y.f �. o IA e w gy g$ fi ma �,<,. a..k �/ �,,;,U ` . `.i,:- LL 8 :5r g II v y ! 9 S 2 NE, k � ' �� '> � 1^e � '' � ' 3— . 3 s X09 �� :,---, thr :h s 8 8 ,3i ,;':-..-:,,..4.1r1F%i--,,..::::::_ , !,:,-,;;;:,- -1. ,6., ,,... „„.„ . er:,_,x,..,.. , ..,., ,. . - ,,.. ;',;;;;;;;1‘;44;41*:,:ei.;:e.”,,ir:4.';;;;;. ;-•:. ';•;1 1 s. Xcel Energy RERPRNRIRLE IT NATURE" 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 September 19, 2012 VIA ELECTRONIC FILING Dr. Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 350 Metro Square Building 121 Seventh Place East St. Paul, MN 55101 Re: Report of Archeological Survey for Orono Substation Replacement and New 115 kV Transmission Line Project Docket No. E002/TL-11-223 Dear Dr. Haar: Northern States Power Company, doing business as Xcel Energy, received a route permit for the Orono Substation Replacement and 115 kV Transmission Line Project (Project) on April 6, 2012. Section 5.4 of the Permit calls for Xcel Energy to perform an archeological survey of two areas identified by the State Historic Preservation Office (SHPO) to identify any previously unrecorded archeological resources. The site survey was conducted by URS Corporation in August and September of this year. No additional archeological resources were identified. Enclosed is a letter detailing the results of the investigation. Please contact me at 612-330-6073 or ellen.l.heine@xcelenergy.com if there are any questions regarding this filing. Sincerely, XCEL ENERGY Ellen Heine cc: Service List MN SHPO URS September 17, 2012 Ms. Ellen Heine Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401-1993 Re: Orono Substation Expansion and Transmission Line Orono, Hennepin County Dear Ms. Heine: This letter report summarizes the results of a reconnaissance level cultural resources survey conducted for the Xcel Orono Substation Expansion Project located in Hennepin County between the cities of Maple Plain and Long Lake, Minnesota(Figure 1,Figure 2). The project area is located within low lying upland landforms and wetland areas north of the Lake Minnetonka area. All of the area tested falls within Township 118N, Range 23W, Sections 30 and 32. Approximately 2.1 acres of land will be impacted by construction activities relating to the Project. Xcel Energy proposes to convert the existing 69 kV Orono Substation to a 115-13.8 kV transmission substation and connect the upgraded substation to existing Xcel Energy 115 kV transmission Line 0831 by construction a new double circuit 115 kV transmission line. Specifically,the project will consist of the removal of the existing substation and the construction of a larger facility along with the removal and replacement of existing transmission structures as well as installation of new structures in select locations. Archaeological testing was recommended for the project based on the presence of a previously identified archaeological site (21HE0162)near a portion of the proposed corridor,the high probability of the area to contain pre-contact cultural resources, and the existence of rural structures known to have once been present at the location of the current Orono substation. As the Project is an extension of an existing 115 kV transmission line and an expansion of an existing substation,there would be no significant adverse visual or auditory impacts to existing architectural history properties. Archaeological testing was performed at two locations on August 21, 2012 and September 6, 2012 by URS field archaeologist Scott Buskey under the supervision of URS Principle Investigator Rigden Glaab. Prior to fieldwork, a site file search was undertaken at the Minnesota State Historic Preservation Office (SHPO) and a deed search was performed specifically for the Xcel Orono Substation property at the Hennepin County Research Center located in Minneapolis, MN. Shovel testing was performed in compliance with MN SHPO guidelines and all test locations were recorded using a handheld GPS with sub-meter accuracy. A total of 5 shovel tests were excavated south of TH 12 and the Burlington Northern Santa Fe (BNSF)right- of-way on an extension of a landform south of previously identified site 21HE0162. The landform is a sloped wooded landform descending into a wetland to the south and bound by the existing BNSF tracks to the north. A single shovel test yielded modern historic debris consisting of fencing wire, and a fragment of slag within the first 20 cm. No additional testing is recommended for this area. A total of 17 shovels tests were excavated to the west and south of the existing Xcel Orono Substation. Prior to shovel testing,the area was observed to be extensively disturbed as a result of the construction and landscaping for the existing substation facility. Sub-cutting, drainage ways, and soil berms surround the 100 South Fifth Street, Suite 1500, Minneapolis,MN I Phone: 612-370-0700 I Fax: 612-370-1378 URS modern substation and the existence of subsurface structural remains is low. Additionally, numerous buried utilities are associated with the substation indicating disturbance and limiting the placement of shovel tests. Shovel tests placed within the manicured lawn of the substation facility yielded sparse historic artifact fragments consisting of white ware, glass,and brick from disturbed, mottled stratigraphy. The area to the west of the existing substation facility is currently fallow, overgrown with sparse young trees and tall prairie grasses. The topography of the area is hummocky, gently sloping to the wetland to the north and bound by a soil berm on the adjacent property to the west and County Road 6 to the south. A total of 9 shovel tests contained historic artifact fragments recovered from a disturbed context. Non-diagnostic historic artifacts observed consisted of window and bottle glass, brick,wire,modern nails,whiteware, concrete, modern foil, charcoal briquette, green decorative glass, and painted wood. A mottled soil stratigraphy documented during shovel testing demonstrates that areas where hummocky surface topography and historic artifact fragments were observed are indicative of disturbance relating to the past construction and earthmoving activities relating to the current substation facility. Soils observed within shovel tests advanced in areas where obvious surface disturbance was absent were negative for cultural materials and exhibited a natural stratigraphic profile. Due to the disturbed context of the area, URS feels that the historic artifact fragments observed are not significant and no additional testing is recommended. Based on the results of the survey, URS Corporation recommends a finding of No Historic Properties Affected be determined for the proposed project pursuant to 36 CFR § 800.4(d)(1) of the Section 106 process under the National Historic Preservation Act (NHPA) of 1966. In the event that cultural materials are encountered during construction activities, URS recommends that Xcel Energy institute an unanticipated discovery plan to ensure the evaluation and mitigation to cultural resources. Sincerely,y, re J Scott Buskey Field Archaeologist URS Corporation Enclosure (s): Project Location Map 100 South Fifth Street,Suite 1500,Minneapolis,MN I Phone: 612-370-0700 I Fax: 612-370-1378 g�5 1,,,,;,:::: • .-� Picnic Armes/~ #– �..._. • .....:::_—,, • I r....r—.' -lays;T- - . I Lice.: •. a a� ) t ( • ‘4 .) .,"..� r C , • _� r Campg.dori^ A :r: ice, . o'' •- t i , ound d •• �b • moi✓ r e 110RR15 Ii,�AKFR' °'° .. E9,..;\!" , • COU _Tit--' " • p� r�.a � '47 . •• ••�• Katrina •• r '< Lake .. 9.,at E . qbp 49 • J • iGAMPWaund el, .E . i, . irMrIl II Sew ` s { .` :,. 12 i';'):).-Iii- AnY oxnsrn r»rro dn — _ _ – – _ _ iiillarklcoti � 21HE0162}41kR� 1 E a..t k � . .- • _ Existing Xcel Energy 0 R Orono Substation Site • • Lake ,;Ts . . .• ,-.,9881* Cl a ss e n n tis a,. . ar� N � p tr ono, } Pa t • hSch -, moi.. + - 10. _ o • f .- tr U iv SLese -� ji. tl. 9--9. Legend ,,�,�, • Shovel Test Location � -"` ..' ,-......__,, Xcel Energy Proposed Route ,oas• `098 Proposed Substation Expansion .`'''" '— •••< : �J ti • 9ie / O Previously Identified Archaeological Site �, : 4• ,....., . ,n.--NT____ac, Previous Cultural Field Inventories �+ e FIGURE 1 XcelEnergy ORONO SUBSTATION EXPANSION AND NEW 115 KV TRANSMISSION LINE PROJECT 0 000 z,000 _- i Hennepn GENERAL VICINITY MAP Feet Topographic Map Source: nneORONO, MINNESOTA .Meters USGS Excelsior,Minn. DRN BY: SB DATE: 9/17/12 PROJECT NO. FIG.NO 0 200 400 Quad dated 1997 CHK'D BY: SM DATE: 9/17/12 31810889 1 , i 24 r • iv"ir, R '!4 r tit..''''41•..,'" let ,.../%04_ '/;.T- r ;; t I , . . H. 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Haar Executive Secretary Minnesota Public Utilities Commission 127 7th Place East, Suite 350 St. Paul, MN 55101-2147 RE: Energy Facility Permitting Review of Compliance Filings Plan and Profile for Orono Substation Replacement, Field Representative, Complaint Procedure, and Substation Replacement Design Plan Orono Substation Expansion and New 115 kV Transmission Line Project PUC Docket No. E-002/TL-11-223 Dear Dr. Haar: Attached are the review and comments of the Minnesota Department of Commerce(Department) Energy Facility Permitting(EFP) staff in the above stated matter. The compliance documents were filed on August 15, September 6, and September 10, 2012 by: Ellen Heine Northern States Power Company,a Minnesota Corporation Xcel Energy Services, Inc. 414 Nicollet Mall,MP-8 Minneapolis,MN 55401 Northern States Power Company, a Minnesota Corporation(Xcel Energy)proposes to replace the existing 69 kV Orono Substation with a new 115 kV Substation at the same location,but with a larger footprint and connect the replacement new substation to the existing Xcel Energy 115 kV transmission line 0831 through a new double circuit 115 kV transmission lines of approximately 2,040 feet. EFP staff is providing you with comments and recommendations. EFP staff is available to answer any questions the Commission may have. Sincerely, Au_ 7(////fi«Aar Suzanne Lamb Steinhauer, DOC EFP Staff Energy Facility Permitting ri MINNESOTA 85 7th Place East,Suite 500 DEPARTMENT OF St. Paul, Minnesota 55101-2198 COMMERCE ph 651.296.4026 I fax 651.297.7891 L Ii http://mn.gov/commerce/energyfacilities PERMIT COMPLIANCE FILING REVIEW PUC Docket No. E002/TL-11-223 Northern States Power Company, A Minnesota Corporation (Xcel Energy) filed compliance documents pertaining to the Route Permit issued by the Commission on April 6, 2012, for the Orono Substation Expansion and New 115 kV Transmission Line Project. The following documents were submitted in accordance with the HVTL Route Permit: Filing Permit Description e-Docket Document Date Filed Number Section Number 1 4.1 Plan and Profile—Orono 20129-78474-01 September 10, 2012 Replacement Substation 20129-78524-01 2 4.2.1 Field Representative 20129-78426-02 September 6, 2012 3 4.4 Complaint Procedure 20129-78426-03 September 6, 2012 4 5.3 Replacement Substation 20128-77877-01, August 15, 2012 Design Plan 20128-77877-02, 20128-77877-03, 20129-78426-01 September 6, 2012 Plan and Profile—Orono Substation Replacement On September 10, 2012, Xcel Energy filed signed drawings illustrating the final landscape plan and equipment layout for the Orono Substation Replacement. Xcel Energy has informed EFP staff that they wish to begin the grading of the substation replacement area on or about October 1, 2012, to establish site preparation prior to frozen conditions. The installation of the equipment would happen later in the season. EFP staff believes that these filings contain the necessary information, within the specified time period required in the HVTL Route Permit. Field Representative On September 6, 2012, Xcel Energy filed documentation indicating that the field representative for this project would be Ms. Ellen Heine; Ms. Heine's contact information was also provided. This submittal contained the necessary information, within the specified time period required in the HVTL Route Permit. Complaint Procedure On September 6, 2012, Xcel Energy filed a complaint procedure for the Project. This submittal contained the necessary information,within the specified time period required in the HVTL Route Permit. Replacement Substation Design Plan Along with the Plan and Profile,this permit also contains a special condition, Section 5.3, requiring the Xcel Energy to provide a Replacement Substation Design Plan, including a discussion of the comments received on the Preliminary Replacement Substation Design Plan along with the Plan and Profile. Xcel Energy provided the Preliminary Replacement Substation Design Plan to the city of Orono, the Homeowners Association, and potentially affected residents on May 2, 2012. On August 15, 2012,Xcel Energy filed drawings illustrating design plans for the Orono Replacement Substation. The cover letter filed with the drawings discussed Xcel Energy's response to comment received on the Preliminary Replacement Substation Design Plans distributed in May. Xcel Energy filed the written comments received on the preliminary design plans on September 6,2012. The design plans filed on August 15, 2012, incorporate many of the comments received during the review period. EFP staff has reviewed the documentation and has concluded that the documentation is in compliance with the terms and conditions f the HVTL Route Permit issued by the Commission in this docket. Recommendation EFP staff recommends that the Commission advise Xcel Energy in writing that it has completed its review of the documents and determined that the planned construction at the Orono Substation site is consistent with the permit issued by the Commission in this docket. EFP staff also recommends that the Commission advise Xcel Energy that construction may not proceed until a Report of Archaeological Survey, as required by section 5.4 of the permit, is filed with the Commission. The filing meets applicable permit conditions: X Yes ❑No ❑ Partially Permit condition requires an action by the Commission: Yes No EFP suggests filing be brought to the Commission — for decision: 111 Yes X No Response letter to permittee is recommended: X Yes No Suzanne Lamb Steinhauer September 12, 2012 Energy Facility Permitting Project Manager Date MN Dept of Commerce Mir Xcel Energy 414 Nicollet Mall RESPONSIBLE ■Y NATURE'. Minneapolis, Minnesota 55401-1993 September 10, 2012 VIA ELECTRONIC FILING Dr. Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 350 Metro Square Building 121 Seventh Place East St. Paul, MN 55101 Re: Updated Location Plan for Orono Substation Replacement and New 115 kV Transmission Line Project Docket No. E002/TL-11-223 Dear Dr. Haar: Northern States Power Company, doing business as Xcel Energy, hereby submits the enclosed final location plan for the Orono Substation Replacement and 115 kV Transmission Line Project (Project). 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A� O �l k ..t — CD n Q.• l p. a'.0 Q. cA n O w p it...) co p = W �O N c? a r Ar p lacD En (: 1:1t3 G CD O• n o O `LS pr cn 'C I CA R FI Via. oa �� � �_ CD 0 � � � LA n co co O f1 O. O. P (9 UQ N R O OC e*" CO O ° Ofp' CD W Oy ON t]• (D v (D co C O p C . . CD ozs A �. � 3• n ° . s8 ° CD P .1:3 = g = O tz cd o (o `a oa. •� $co A, � O O A A- ' ° ti ( „ o ,_,_ D N a' co 0 "�° ° ° ° Off. C''LS vii ¢ - >- 'C7 . P Ro- so CDci, ° �,"it cD °! p (D .� W aq vi 0-6 P� p A� • z m p' P ` S p O Q G_ Cil ,- .- Q. v) •, top brri CD . . co r... CD C) Date O rr Name of Complainant O c) 3 fD Address rr O z Phone# -13 Q. O CI CD Email cn cn co Property Description or PIN Who received complaint Nature of complaint and applicable permit conditions Activities taken to resolve Outcome Xcel Energy• NISPINNIRLE BY ■ - 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 August 15, 2012 VIA ELECTRONIC FILING Dr. Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 350 Metro Square Building 121 Seventh Place East St. Paul, MN 55101 Re: Grading and Landscaping Plan-Orono Substation Orono Substation Replacement and New 115 kV Transmission Line Project Route Permit Compliance Filings Docket No. E002/TL-11-223 Dear Dr. Haar: Northern States Power Company, doing business as Xcel Energy, hereby submits the enclosed Grading and Landscaping Plan for the Orono Substation portion of the Orono Substation Replacement and 115 kV Transmission Line Project (Project). The Grading and Landscaping Plan for the Orono Substation is depicted in Attachment 1 and Attachment 2. In this submission, Xcel Energy requests approval of the Grading and Landscaping Plan for the Orono Substation pursuant to Sections 4.1 and 5.3 of the Route Permit. Orono Substation Design Development Consistent with Section 5.3 of the Route Permit, Xcel Energy mailed three different design options for the proposed Orono Substation to nearby landowners, the Huntington Farm Home Owners Association (HFHOA), the City of Orono, the Project Service List, and the Commission on May 2, 2012. Xcel Energy requested that all comments regarding these three designs be submitted no later than June 8, 2012. Also included in this mailing was a notice of a public meeting on May 15, 2012 to discuss and answer questions about these different design options. 1 On May 15, 2012 a public meeting was held at the Orono City Hall. Approximately ten landowners and one official from the City of Orono were in attendance. During this meeting, Xcel Energy representatives described the three substation design options in detail and answered questions about the designs. During this public meeting, several landowners requested that the berm proposed in design "Option 3" be staked on site by Xcel Energy so that the dimensions could be visi1ali7ed. On May 29, 2012, Xcel Energy met with five landowners to walk the staked site and answer additional questions. Prior to the close of the comment period on June 8, 2012, Xcel Energy received written comments from the City of Orono, the HFHOA, and two landowners. Xcel Energy's review of these comments indicated that all were in favor of design Option 3 which provided the tallest berm and the most effective screening of the three options presented. In their comments, the City of Orono and HFHOA requested that additional vegetation screening be added to Option 3. On several occasions during the month of June, Xcel Energy met with representatives from the HFHOA to discuss design changes to Option 3, answer questions, and gather input on the final design for the substation. On June 29, 2012, Xcel Energy presented the HFHOA with a revised design for the Orono Substation in response to the comments received ("Option 4"). Option 4 increases the berm height and amount of landscaping compared to Option 3 to maximize the screening of the substation. The berm height was increased approximately eight feet compared to Option 3 and 29 trees and 15 shrubs were also added. On July 23, 2012, Xcel Energy met with representatives of HFHOA to discuss the Option 4 design. Based on requests from HFHOA, Xcel Energy agreed to make additional changes to the shape and slope of the berm and to increase the number of trees and shrubs at the substation. Xcel Energy provided HFHOA with a revised Option 4 design incorporating these requests on July 31, 2012. On August 3, 2012, HFHOA representatives sent emails to Xcel Energy accepting these final revisions to Option 4. Xcel Energy is now in the process of obtaining Temporary Construction Licenses from the HFHOA and two landowners to perform construction work on these properties. Proposed Orono Substation Design The proposed Option 4 design for the Orono Substation was developed with input from the City of Orono, HFHOA, and landowners located near the proposed substation. The new Orono Substation will be located at 3960 6th Avenue North, 2 Orono, Minnesota on the site of the existing Orono Substation. The proposed design for the Orono Substation is presented in Attachment 1 and Attachment 2. The proposed design includes a large earthen berm designed to tie in with the existing berm along the west property line of the existing Orono Substation and the east side of the HFHOA property. The proposed berm will be extended from south to north and will add anywhere from 7.5 to 16 feet of earth to the existing ground elevations and will provide significant screening of the substation for the landowners located to the west of the substation. Given the height of the berm, the width of the berm will extend west onto property owned by HFHOA and two other landowners. The berm will also extend to the east along County Road 6 to allow for additional screening of the substation for travelers along County Road 6 while preserving the existing trees located in this area. A smaller stand alone berm was also added further east along County Road 6 toward the substation driveway for additional screening. The final landscaping for Option 4 includes 75 tree with various deciduous and coniferous species as well as 100 shrubs. This vegetation will provide additional screening of the substation facilities for landowners and from County Road 6. Xcel Energy proposes to install a new 8 foot high, galvanized, chain link fence along the perimeter of the expanded substation yard. The new fence will be designed according to Xcel Energy's standard and will include 7 feet of galvanized chain link fence with animal protection, topped with 1 foot, 45°, outriggers and three strands of barbed wire on all sides of the new Orono Substation. To minimize transformer noise, an L-shaped, sound wall will be constructed on the south and west sides of the transformer so as to direct any sound from the transformer towards the uninhabited north and east sides of the substation. The substation design as shown on Attachment 2, also includes lights which will normally be left off. The lights will only be turned on for required emergency work at night. Closing Xcel Energy respectfully requests that the Commission approve the enclosed Grading and Landscaping Plan for the Orono Substation. 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' ' • (,)o* (1-) C' ''''• 'S'At4t--:-` '.., — , j ..,,,., - ....- -9 ; . .,. . . . 1 i I , p W I- 3�� Q o o � l W 1 a+ ZQO • i� � C 000 0 E� I os Z Z atI) Q � - N -_ OO _ � 75`^ uiIQ -4-- -z a) 1- ° I ° -0 ---)-4 c- 3--6 O r.cNW WZ (nZ o ;- a)ca. 00Q1 fY Cr? _ �' U p W -C21 o (1) o m Q � Q I �atno u k. r b o v U C LLI V) v -+- W b C b O O nl • V V• m 33 33\. kn u 0 9L 098 3„ /,ES,GIN ' ! g. .� Vol OZ'�SZ M„LZ,LboON=, m �J,�J �l (J V — — — $ �Z`0SZ IL\ 0000'0£1 ' L£'90Z 00 3,91,£5,0 N I 1 �1„LZ,tq,ON, � � 34 . 1 1 5DI Mike Gaffron From: Rogers, Christopher C [Christopher.C.Rogers@xcelenergy.com] Sent: Friday, June 29, 2012 12:16 PM To: kathy persian; Persian, Kathy B.; Steve.Persian@target.com; Nancy Fraser; pwfraser©gmail.com Cc: melissafogelberg©wellsfargo.com; Melissa Fogelberg; Michael Kuruvilla; Mike Gaffron Subject: RE: Orono Sub HOA questions Attachments: Option 4 Plan Highlights.doc; HOA CommittecommentsAddressed - Final for Review.docx; Option4 Plan 6-29-12.pdf; Option 4 drainage.pdf; ORO Construction License 6-5-12current.doc Hello Huntington Farm Association Committee, Attached please find revised "Option 4" plans showing an increase to berm heights and increased tree and shrub count in response to the HOA's comments provided on June 8, 2012. Also attached is a plan showing revised drainage patterns, responses to the HOA's comments and questions and a summary of Option 4 revised features. We believe we have acknowledged many of the public comments and have incorporated them into the Option 4 design and addressed those that were not included with the revised plans. Please review the attachments and feel free to contact me with any questions or additional comments. A revised rendering from Viewpoint 2 (Kuruvilla deck) will follow later today or early next week. Xcel Energy looks forward to finalizing these plans and obtaining the rights to construct the work on Outlot A, the Kuruvilla and Fraser properties. A draft of the Temporary Construction License was sent to the HOA committee previously, and I have attached it again for reference. This document would need to be executed by the HFHOA for Outlot A and by the Frasers and Kuruvillas for their individual lots. Lastly, the City of Orono must also consent to the activities as they hold easements on Outlot A as well. We have discussed this with them and expect to have no issues with obtaining their consent. FYI — I will be out of the office June 30—July 8 on vacation. I will be checking emails a few times, but will likely respond after I return on July 9`h. Thank you, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: Christopher.c.rogers( xcelenergy.com From: Rogers, Christopher C Sent: Tuesday, June 26, 2012 1:58 PM To: 'kathy persian'; 'Persian, Kathy B.'; 'Steve.Persian@target.com'; 'Nancy Fraser'; 'pwfraser@gmail.com' Cc: 'melissafogelberg©wellsfargo.com'; 'Melissa Fogelberg'; 'Michael Kuruvilla' Subject: RE: Orono Sub HOA questions Hello. The project team reviewed a new"Option 4" draft provided to us by Ulteig this morning. We are having some additional revisions done and hope to have something sent to the HOA by the end this week, or possibly early next week. To give you an update, here are a few of the items that are being incorporated into the design: • Increase the height of the west berm by approximately 8 feet higher than the previous Option 3 plan • Width of the west berm to increase (required by height increase) moving the toe of slope (bottom of berm) to about 62 feet inside the Kuruvilla and Fraser lots. 1 • Extend to the east and add height to the south berm for better screening form Cty Rd 6 (while attempting to save existing trees) • Increase the overall number of trees and shrubs form Option 3 and include some deciduous species from both south and west views • Show drainage flow patterns plan for Option 4 taller berm. FYI - I will be out of the office all next week, so if the plans are not yet ready by the end of this week, it may be the week of July 9th before I can get them to the HOA. The complete geotechnical report was sent to the HOA on June 23, 2012. Please verify receipt and if any other details/soil info are needed by the HOA. Option 4 plans including grading landscaping details will be provided to the HOA along with a revised perspective from Viewpoint 2 (Kuruviilla's). We will also provide responses to the questions and comments submitted by the HOA. Thank you for your patience as we work towards finalizing the berm and landscaping design details for the Orono Substation. Chris Roger, Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers(a�xcelenergy.com From: Rogers, Christopher C Sent: Friday, June 22, 2012 12:36 PM To: 'kathy persian'; Persian, Kathy B.; Steve.Persian@target.com; Nancy Fraser; pwfraser©gmail.com Cc: melissafogelberg@wellsfargo.com; Melissa Fogelberg Subject: FW: Orono Sub HOA questions All, The revised soil report is attached including pages 4 and 8 that were previously missing—sorry for the confusion. We have received preliminary drawings from Ulteig that were revised to incorporate many of the public comments and will review these internally. I expect to get these out to you early next week along with the responses to the HOA's questions received with the comments. Thank you for your patience. Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers(a�xcelenergy.com From: Brorby, Ryan D Sent: Friday, June 22, 2012 11:51 AM To: Rogers, Christopher C; Brian Robideau Subject: RE: Orono Sub HOA questions Chris, See updated soils report for ORO with missing pages. Thanks. 2 p Ryan From: Rogers, Christopher C Sent: Thursday, June 21, 2012 3:56 PM To: Brian Robideau; Brorby, Ryan D Subject: FW: Orono Sub HOA questions Guys, see below. Are pages 4 and 8 missing from the soil report?? Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers(a�xcelenergy.com From: kathy persian [mailto:katpersian@yahoo.com] Sent: Thursday, June 21, 2012 3:48 PM To: Rogers, Christopher C; melissafogelberg@wellsfargo.com; Nancy Fraser; pwfraser@gmail.com; Steve.Persian©target.com; Persian, Kathy B.; Melissa Fogelberg Subject: Re: Orono Sub HOA questions Chris, the PDF of the report seems to be missing pages 4 and 8? Kathy Persian From: "Rogers, Christopher C" <Christopher.C.Rogers@xcelenergy.com> To: "melissafogelberg@wellsfargo.com" <melissafogelberg@wellsfargo.com>; Nancy Fraser<nofraser@gmail.com>; "pwfraser@gmail.com" <pwfraser@gmail.com>; "Steve.Persian@target.com" <Steve.Persian@target.com>; Kate Persian <katpersian@yahoo.com>; "Persian, Kathy B." <Kathy.B.Persian@supervalu.com>; Melissa Fogelberg <melissafogelberg@gmail.com> Sent: Thursday, June 21, 2012 8:29 AM Subject: FW: Orono Sub HOA questions All, Attached please find the soils report per your request. The borings were taken from the substation area where soils will be taken from and used for the new berm. Topsoils are typically scraped off and stockpiled 1st, then placed on the surface of the new area (the berm). Also attached is the Option 3 drawing showing drainage patterns from the sub site and the berm. Note that this is for Option 3 without any added height to it. As we finalize the berm height going forward, we can provide another drawing showing drainage patterns with a taller, wider berm as needed. More information will follow including responses to the HOA's questions as stated below. Please feel free to contact me with any questions. Thank you, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers@xcelenergy.com 3 • From: Brian Robideau [mailto:Brian.Robideau@Ulteig.com] Sent: Wednesday, June 20, 2012 12:37 PM To: Rogers, Christopher C; Brorby, Ryan D Cc: A] Wallevand Subject: RE: Orono Sub HOA questions Good Afternoon Chris, I will attempt to answer the HOA questions as bulleted in their comment letter dated May 15, 2012. I have attached the soils report. In summary,the soils below the topsoil are predominately sandy clays. I will let AJ comment about these soils and their abilities to provide good growth for plantings and the types of plantings that are good in these soils. I have also attached the grading plan marked up with drainage arrows and drainage break to hopefully make it more clear what the drainage patterns are. There shouldn't be any change of the surface waters due to our project. The pond will provide settling of any sediment that might be in the runoff. Let me know if you have any questions. Thanks. From: Rogers, Christopher C [mailto:Christopher.C.Rogers@xcelenergy.com] Sent: Tuesday, June 19, 2012 1:28 PM To: Brorby, Ryan D ; Brian Robideau Subject: Orono Sub HOA questions Hey guys, Do you have any of the info we discussed last week as requested by the HOA yet? Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers@xcelenergy.com 4 Mike Gaffron From: Mike Gaffron Sent: Tuesday, June 26, 2012 9:57 AM To: 'Rogers, Christopher C' Subject: RE: mowing question Attachments: Orono Zoning Code Section 58-1 Maintenance of Private Property.pdf Chris— Your property is in the RR-1A 5-acre zone, where for residential properties the City does not strictly require mowing of the entire property [see attached Section 58-1(b)(3)]. That being said, the code doesn't specifically address properties being used for commercial/utility purposes. However, with your long frontage on CR6 it might be out of character to maintain it all as lawn. We've been supportive of a natural look and plenty of screening of the site, so I would say that other than mowing just near the driveway entrance and along the interior fences, we would not expect wholesale mowing of the site. I would note that the Hunt Farm Association apparently does mow their extensive berm along CR6, so they may have a different idea of what is appropriate. I would suggest that areas you plan to not mow be identified, and perhaps seeded with a prairie mix to encourage a non-weed unmowed environment. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone:(952) 249-4600 Fax: (952)249-4616 From: Rogers, Christopher C [mailto:Christoi her.C.Rogers@xcelenergy.com] Sent: Monday, June 25, 2012 12:26 PM To: Mike Gaffron Subject: mowing question Hi Mike, As we finalize the Orono Substation design and berm, a question has come up on grass mowing. Xcel Energy has previously and regularly mowed the grass are around the existing sub fenced area. As we work towards our final plan, we noted that the sub could be screened a bit better by leaving the grasses grow naturally along County Road 6. Does the city have any requirements or any issues with letting the grasses grow naturally without regular cutting? I will be sending you the revised berm/landscaping plans incorporating many of the public comments in the next few days. Thanks, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers(a�xcelenergy.com ,Municode Page 1 of 1 Sec. 58-1. - Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than six inches, except this provision shall not apply to the following: (1) Publicly owned parks, trails or nature areas. (2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78 (3) Residential properties in excess of one acre gross lot size when located in the RR-1A, RR-1B, LR-1A and RS rural residential zoning districts, provided that such properties or portions of properties shall be maintained in conformance with this subsection upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. (4) Wetlands vegetation as defined in chapter 78 (5) Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees). (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, §9.55; Ord. No. 191 2nd series, § 1, 6-14-1999) State law reference—Minnesota Noxious Weed Law, Minn. Stat. § 18.75 et seq. http://library.municode.com/print.aspx?h=&clientlD=13 094&HTMRequest=http%3 a%2£.. 6/25/2012 Xcel Energy NORTHERN STATES POWER PROPOSED ORONO SUBSTATION UPGRADE & NEW 115 kV TRANSMISSION LINE PROJECT Public Meeting May 15, 2012 COMMENT FORM FROM Paul and Melissa Fogelberg, 870 Hunt Farm Rd, Orono, MN 55356 Paul and Nancy Fraser, 830 Hunt Farm Rd, Orono, MN 55356 Steve and Kathy Persian, 1005 Hunt Farm Rd, Orono, MN 55356 REPRESENTING The Huntington Farm Home Owner's Association The Huntington Farm Home Owner's Association (HOA) has met and reviewed the three landscape designs provided by Xcel for the Orono substation. The following comments and questions represent the comments and questions of the HOA. As a preliminary matter, please note that the design information provided to the HOA is insufficient for the HOA to reach an opinion on certain important topics. Additional information, including the following, is required for the HOA to submit its final comments regarding those matters: • Results of the soil samples taken throughout the mitigation area, including soil structure, nutrient makeup and drainage traits. This information is important in determining the proper placement and type of plants. The soil boring report was emailed to HOA on June 23, 2012 • Information regarding the substrate levels of the berms. This information is provided in geotechnical report. The dominant soil type is a clay with small amounts of sand. • Information regarding water runoff and drainage patterns for the proposed berms and substation pad/driveway/apron, and impact on drainage patterns of surface water. The drainage pattern drawing for Option 3 was emailed to the HOA on 6-21-12, An additional drainage pattern drawing is included for Option 4 • Updated plans that reflect the expanded berm along Co Rd 6, and other landscaping and planting changes Xcel already contemplates making. This berm has been revised for the Option 4 grading plan. Upon receipt of the information, the HOA will review the information with its landscape architect and will provide detailed comments with respect to the design of the berm, number, type and placement of trees, shrubs, grasses and other plantings, etc. We would ask that Xcel agree to work with the HOA architect and give appropriate consideration to input he provides. Xcel Energy is agreeable to this. Regarding the berm— • As a general matter, the HOA prefers a berm that is as high as possible consistent with power line requirements and neighborhood aesthetics. If the third design represents the highest berm reasonably possible, the HOA would prefer the third design. The option 4 grading plan attached shows a berm height increase of 8' of the previous Option 3. • To sustain the plants and facilitate maintenance, the slope of the exterior sides of the berm should not exceed a 4:1 ratio of rise over run. The berm is designed with a 3:1 slope which is appropriate for slope stabilization (using erosion/seed blankets) and provides maximum screening without extending too far west into the adjacent properties. To help encourage the natural appearance of the berm in the landscape, the slopes within the berm should be varied by applying gradual transitions in elevation. Slope, height and width of the berm should be asymmetrical. The Option 4 berm is designed to be asymmetrical and includes a "flatter" top north of the "V" where the existing 69kV line runs. Other than the"V" cut into the berm for the existing 69kV line, varying slopes were not included in Option 4 to avoid possible erosion issues and to keep the berm consistent with the existing berm that is being tied into • The berm along Co Rd 6 (shown in photos from viewpoint 1) should extend much farther right. **For Option 4, this portion of berm was extended to the east and increased in height by 2 feet. This portion of berm cannot be extended or heightened any further without removing existing trees. Additional trees were also added to enhance screening. • High quality topsoil should be used, with well-drained soil making up the remainder of the berm. Gravel should not be used in the layers directly beneath the topsoil due to the tendency of the soil to wash through the gravel. Due to its cohesive qualities, clay should be used for the bulk of the substrata. All existing topsoil from the new substation area will be scraped off and stockpiled, then placed on the surface where the new berms and plantings will be installed. Importing of additional soils will not be needed for the new berms. Regarding plantings— • As a general matter, none of the designs provided by Xcel provide sufficient vegetative screens, or prevent silhouetting. Plantings should be richer and denser, with a greater diversity of trees (a mix of evergreen and deciduous plants, including maples, oaks and similarly tall trees), shrubs, perennials and native plants. To achieve a diverse vertical structure include a full range of vegetative layers--from tree canopy through mid-layer and understory species. Horizontal structure should be sought by creating mosaics of complementary associations. Additional trees and shrubs have been added to the Option 4 plan. Evergreen trees have been sized at 6'-8' (planting size) because this size range is much more readily available than the 8'- 12' proposed with Option 3. We have increased the total number of trees to account for the size difference. A few deciduous trees were added for variety, but more evergreens were added due to their ability to screen year round. Species were selected based on availability, existing soil types and planting conditions. • Plantings should be designed to achieve the richest wildlife opportunities. Wildlife often conflicts ana can cause issues witn me neeas ana requirements of a substation i.e. attraction of rodents, etc. While all plant materials can offer something to wildlife, screening views and suitability to the site conditions are the focus of the plant selections. • Berms should be planted with grass or other ground cover to ensure they withstand wind and weather, and retain their shape and height. Frosion/seed blankets will be used to establish stabilized slopes. • The berm along Co Rd 6 should have much more plant screening material. Structures should be barely visible from this viewpoint. See above at "* • The entire ridgeline shown from viewpoint 2 needs much more screening. Provide a drawing with trees at mature height to give an accurate impression of the screening. The grouping of trees at the right of the photo is inadequate. The Option 4 berm height has been increased by 8 feet over the previous Option 3. This moves the top center of the berm about 25 feet west and the toe of slope would extend approximately 62 feet into the Kuruvilla and Fraser properties (previously the toe was about 10 feet into these properties). Tree and shrub counts have been increased substantially form Option 3 to enhance screening. A new drawing from Viewpoint 2 (Kuruvilla deck) is provided showing new trees at initial planting height as well as any existing trees. The initial height(not estimated mature height) of new trees was used to provide a realistic view upon completion of the work. • Existing mature trees on the site should be shoveled and replanted rather than torn down. To the greatest extent possible, existing clumpings of trees should be maintained. With Option 4, Xcel Energy is attempting to save as many existing trees as reasonably possible. In areas where existing grade will be altered substantially by cutting soil or bringing in fill, any existing trees will need to be removed because significant grade changes will not allow these trees to survive. After further review of potentially transplanting some of the existing evergreen trees that are in conflict with new graded areas, it has been determined that the survival chances after transplanting are less than 50% because of their existing size..Based on this, Xcel Energy will not attempt to transplant these trees, but rather increase the total number of new trees and shrubs in Option 4 • Plantings should achieve full coverage within three years. The proposed plantings will typically not reach full maturity for 5 to 10 years but will have substantial screening earlier than that. Xcel Energy has increased the number of trees and shrubs in an effort to create more screening. • Ensure that plantings provide sufficient visual cover from the following perspectives: Kuruvilla and Fraser properties, and County Rd 6. Plants should also be placed along the substation driveway/apron. Option 4 includes additional screening with taller berms and more trees from Option 3. A few additional trees were added east of the substation driveway. Other- • Care should be taken to ensure that ponding and flooding of runoff from the berm and pad are prevented. The design and grading of the berm has been engineered so that runoff from the berm wiii flow as shown on the drainage pattern sketch attached. From the top of berm break line, drainage on the west side will flow down the berm, then follow the existing slope north eventually to the wetland area. A small swale over the Fraser property will be cut in to ensure the path of drainage northeast as shown. Drainage from the east side of the berm will flow to a swale near the bottom, then flow into the drainage pond as shown. The pond has been sized accordingly for this drainage, and an outlet pipe and emergency overflow area will direct any excess drainage into the wetland area as needed. • Xcel should provide a three-year warranty on all plants, including those on HOA and individual homeowner properties. Xcel Energy will include a one-year warranty on all newly planted trees or shrubs, as this is consistent with our policies and practices used on previous projects. • Is it possible to reduce the size of the driveway and apron? Surface should be pervious pavement. No, a wider turn radius is needed for safe operation/access of construction and maintenance vehicles as well as delivery of substation equipment. Finally, the HOA is willing to grant an easement across HOA property for purposes of constructing and maintaining the berm Thank you for the opportunity to comment on the proposed landscape designs for the Orono substation. In addition, we appreciate the courtesy and professionalism demonstrated by Chris Rogers, Gene Katz, Ed Smith, and others working with the HOA and individual homeowners on the project. Orono Substation Option 4 Plan Highlights: • 8 feet of height was added to the west berm from previous Option 3 plan which widens the berm and moves the toe of slope further west into the Fraser and Kuruvilla properties • The south berm along County Road 6 was extended east and increased in height by 2 feet. • Total tree and shrub counts were increased significantly (+29 trees, +15 shrubs from Option 3) on both west and south berms and additional trees were added east of the substation driveway. Tree sizes were reduced due to availability, but were also increased in total numbers. • Tree and shrub species were altered based on Landscape Architect's direction and pertaining to soil types, planting conditions and availability. • Grading plans have been engineered to ensure proper drainage from the berms as shown on the Option 4 drainage plan • A revised rendering from Viewpoint 2 (Kuruvilla deck) is included to reflect the current Option 4 design TEMPORARY CONSTRUCTION LICENSE This TEMPORARY CONSTRUCTION LICENSE ("License") is entered into as of , 2012, by and between Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, ("NSP"), and The Huntington Farm Home Owners' Association, a Minnesota non-profit corporation, ("HFHOA "). RECITALS A. HFHOA owns certain property located in the City of Orono, Hennepin County, Minnesota described on Exhibit"A" attached hereto(the "HFHOA Property"). B. NSP is the owner of real property adjacent to and east of the HFHOA Property described on Exhibit"B" attached hereto(the "NSP Property"). C. NSP and HFHOA have agreed that HFHOA will grant a temporary license to NSP to enter and use a portion of the HFHOA Property in order to grade, install a berm and landscaping. AGREEMENT FOR AND IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration,the parties agree as follows: 1. HFHOA hereby grants to NSP, its employees, contractors and subcontractors,upon full execution of this License, a license to enter and use a portion of the HFHOA Property as described and shown on Exhibit "C" attached to this license (the "Construction License Area") to construct an earth berm, perform grading activities and install trees, shrubs and native grasses, (the "Work") on the HFHOA Property. 2. This License will remain in full force and effect until October 1, 2013 or upon completion of the Work,whichever comes first(the "Expiration Date"). 3. NSP will be responsible for the costs of all labor, services, equipment, and materials used for the Work and will not permit any lien or encumbrance upon the HFHOA Property resulting from its activities thereon. 4. All trees, shrubs, and native grasses to be installed by NSP on HFHOA property shall be warranted for a period of one year from the date of installation. NSP agrees to replace any new Page 1 of 6 trees, shrubs, or native grasses installed by NSP on HFHOA property that die within the one year warranty period. NSP also agrees to take responsibility of all necessary maintenance of all new trees, shrubs and native grasses installed by NSP on HFHOA Property for a period of one year from the date of installation. The HFHOA shall allow NSP (including NSP's employees, contractors and subcontractors) to access and enter upon HFHOA Property during this one year period for purpose of maintaining and replacing new trees, shrubs and native grasses as needed. 5. Upon expiration of the one year warranty and maintenance period, the HFHOA shall then be responsible for any and all future maintenance and replacement of trees, shrubs and native grasses installed by NSP on HFHOA Property.NSP shall notify the HFHOA of the installation date upon completion of all newly installed trees, shrubs and native grasses in order to determine the one year warranty and maintenance expiration date. 6. This License is subject to easements and restrictions over Outlot A held by the City of Orono and further subject to obtaining written consent from the City of Orono to perform the Work on Outlot A. 7. The terms and provisions of this License shall inure to the benefit of and be binding upon the parties,their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this License to be executed as of the day and year first above written. THE HUNTINGTON FARM HOME NORTHERN STATES POWER COMPANY OWNERS' ASSOCIATION By: By: Greg P. Chamberlain, Director Portfolio Delivery& Integration Xcel Energy Services Inc. Its: as Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy Page 2 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by , the of The Huntington Farm Home Owners' Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Greg P. Chamberlain, Director Portfolio & Integration Xcel Energy Services Inc., as Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy on behalf of the corporation. Notary Public This instrument was drafted by: Chris Rogers Northern States Power Company 414 Nicollet Mall MP-8 Minneapolis, MN 55401 Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION OF HFHOA PROPERTY Oudot A, Huntington Farm,Hennepin County,Minnesota Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION OF NSP PROPERTY All that part of the SW 1/4 of the SW 1/4 of Section 29, Township 118, Range 23, Hennepin County, Minnesota, lying south of the railroad right of way now operated and used by the Great Northern Railroad Company. Also that part of Section 32, Township 118, Range 23, bounded as follows: Beginning at the northwest corner of said Section 32; thence east 13.83 chains, thence south 3.70 chains to the center of the North Watertown Road; thence South 66 degrees West along said Watertown Road, 13.94 chains, thence north 5.04 chains more or less to the place of beginning; subject to easements for public roads and highways as now located over and across said premises. Subject to restrictions and reservations of record if any. Exhibit "B" EXHIBIT "C" LEGAL DESCRIPTION AND MAP SHOWING CONSTRUCTION LICENSE AREA (Insert License Area Exhibit) Exhibit "C" .fir., IN,..,„..,•::::,‘:,',,,,„1'.4,,,,,i, ,, . ,, : ,.. Cl) ar 144 x t s,u m O 0 z X 0 j Z C ZO 0om c> z ;m ;m cn m m i Ao re se 36#y 3 4. .F ni , 1. �+Fi+ +{j a . a a lid ,„ -.�» ., . O C� � ," I, � w r ° } , i. O Z rn Z C> pO Z • �x Z y, 7" et. 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I 1. '', C \---- .973:_ .__-- __--__...____. ____ -.. _- \� �..i ' / J 1 �' 1 �� C/ IJI �\Fs, � I•Ld _ � / ilid .y U --� / F. .V. ,K 1 Ail ,- ,, 1 �!,r1,1, (-,, { s 9 ,' ,1�• / i. . .--‘, /// I I: \ I:4\. libl_)\ \t\\, / ,,,, / // :, } / v 7J7 , r i E E 0 . . . . . . . . , ., , , * 4 .,.,... ..„ * ,,,, ,7,--;,,,. , ,, 5 �1 1 f' T s �. L E k r o 1 8 n v ‘-ce., 0.44 CITY of ORONO Municipal Offices A (( , + Street Address: Mailing Address: 14, 1 ` '14,1 .4„...& 2750 Kelley Parkway P.O. Box 66 $+1) ,-.4G Orono,MN 55356 Crystal Bay,MN 55323-0066 June 8, 2012 Xcel Energy Attention: Chris Rogers 414 Nicollet Mall MP-8A Minneapolis, MN 55401 Re: Orono Substation Upgrade &New 115 kV Transmission Line Project- City Comments Dear Mr. Rogers: The City of Orono has previously expressed its concern regarding the new visual impacts likely to be created by the expanded substation and the new transmission lines and poles. Xcel has been responsive to those concerns and the plans put forward in May have addressed a majority of those concerns. We would offer the following comments regarding the current plans: 1. The berm which extends into the neighboring property (Option 3) will clearly provide the best screening of the station. Options 1 and 2 are insufficient to provide adequate screening of the substation. We would ask that the Option 3 plan be modified to incorporate more trees and with differing varieties to better hide not only the station, but also to hide the berm and to make it look more natural. 2. The plans only show 28 trees being planted and the majority of them are by the stormwater pond or along County Road 6. The area south of the substation along County Road 6 should have the proposed screening supplemented to create a more effective visual barrier for traffic coming north on Orchard Park Road. 3. Additional screening east of the driveway(for the first 200' or so north of the County Road) should be provided to provide a more effective visual barrier between westbound traffic and the substation. 4. Because berm construction activity will be relatively near the neighboring homes, berm construction activity should adhere to the City's noise ordinance hours of operation, as follows (these may be slightly more restrictive than MN Rules 7030 standards): Orono Code Section 58-121: Construction activities. No person shall engage in or permit construction activities involving the use of any electric, diesel or gas powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. weekdays or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Telephone (952) 249-4600 • Fax(952)249-4616 www.ci.orono.mn.us .ip. o.4,. O . O CITY of ORONO is Municipal Offices A ‘'r- - Street Address: Mailing Address: `� �' ` � rz,i l tiA 2750 Kelley Parkway P.O. Box 66 .� ? u et, Orono,MN 55356 Crystal Bay,MN 55323-0066 �kESH�g� June 8, 2012 Xcel Energy Attention: Chris Rogers 414 Nicollet Mall MP-8A Minneapolis, MN 55401 Re: Orono Substation Upgrade &New 115 kV Transmission Line Project - City Comments Dear Mr. Rogers: The City of Orono has previously expressed its concern regarding the new visual impacts likely to be created by the expanded substation and the new transmission lines and poles. Xcel has been responsive to those concerns and the plans put forward in May have addressed a majority of those concerns. We would offer the following comments regarding the current plans: 1. The berm which extends into the neighboring property (Option 3) will clearly provide the best screening of the station. Options 1 and 2 are insufficient to provide adequate screening of the substation. We would ask that the Option 3 plan be modified to incorporate more trees and with differing varieties to better hide not only the station, but also to hide the berm and to make it look more natural. 2. The plans only show 28 trees being planted and the majority of them are by the stormwater pond or along County Road 6. The area south of the substation along County Road 6 should have the proposed screening supplemented to create a more effective visual barrier for traffic coming north on Orchard Park Road. 3. Additional screening east of the driveway (for the first 200' or so north of the County Road) should be provided to provide a more effective visual barrier between westbound traffic and the substation. 4. Because berm construction activity will be relatively near the neighboring homes, berm construction activity should adhere to the City's noise ordinance hours of operation, as follows (these may be slightly more restrictive than MN Rules 7030 standards): Orono Code Section 58-121: Construction activities. No person shall engage in or permit construction activities involving the use of any electric, diesel or gas powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. weekdays or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us O O CITY of ORONO Municipal Offices Street Address: Mailing Address: �, ,t 2750 Kelley Parkway P.O. Box 66 \ + ,� Orono,MN 55356 Crystal Bay,MN 55323-0066 �I ESH04 June 8, 2012 Xcel Energy Attention: Chris Rogers 414 Nicollet Mall MP-8A Minneapolis, MN 55401 Re: Orono Substation Upgrade &New 115 kV Transmission Line Project- City Comments Dear Mr. Rogers: The City of Orono has previously expressed its concern regarding the new visual impacts likely to be created by the expanded substation and the new transmission lines and poles. Xcel has been responsive to those concerns and the plans put forward in May have addressed a majority of those concerns. We would offer the following comments regarding the current plans: 1. The berm which extends into the neighboring property (Option 3) will clearly provide the best screening of the station. Options 1 and 2 are insufficient to provide adequate screening of the substation. We would ask that the Option 3 plan be modified to incorporate more trees and with differing varieties to better hide not only the station, but also to hide the berm and to make it look more natural. 2. The plans only show 28 trees being planted and the majority of them are by the stormwater pond or along County Road 6. The area south of the substation along County Road 6 should have the proposed screening supplemented to create a more effective visual barrier for traffic coming north on Orchard Park Road. 3. Additional screening east of the driveway(for the first 200' or so north of the County Road) should be provided to provide a more effective visual barrier between westbound traffic and the substation. 4. Because berm construction activity will be relatively near the neighboring homes, berm construction activity should adhere to the City's noise ordinance hours of operation, as follows (these may be slightly more restrictive than MN Rules 7030 standards): Orono Code Section 58-121: Construction activities. No person shall engage in or permit construction activities involving the use of any electric, diesel or gas powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. weekdays or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Telephone (952)249-4600 • Fax(952)249-4616 www.ci.orono.nm.us Energy Facility Permitting 111krINNESOTA 85 7th Place East,Suite 500 PARTMENTOFSt. Paul, Minnesota 55101-2198 L OMMERCE ph 651.296.4026 I fax 651.297.7891 .. http://mn.gov/commerce/energyfacilities PERMIT COMPLIANCE FILING --Acknowledgement of Receipt-- PUC Docket No. E-002/TL-11-223 The permittee,Northern States Power,a Minnesota Corporation(Xcel Energy), has submitted compliance filings to the Minnesota Public Utilities Commission for the Orono Substation Expansion and New 115 kV Transmission Line Project. The filing was received on: May 2,2012 The Permittee submitted this compliance information pursuant to a Commission Permit dated,April 6, 2012,and under permit conditions(s) in the table below: Permit EFP Staff Description Required Date Filed eDocket Number Condition Filing Date Recommendation 5.3 Preliminary Within 60 5/2/2012— 20125-74414-01 Accept Replacement days of Additional 20125-74518-01 Substation Permit Affidavits 20125-74615-01 Design Plan Issuance of Service filed 5/7/2012 Nature of Compliance Filing: Preliminary design plan for the replacement Orono Substation provided to the Commission,city of Orono, and property owners. The filing meets applicable permit conditions: ®Yes ❑No ❑ Partially Permit condition requires an action by the Commission: ❑ Yes ®No EFP staff suggest filing be brought to the Commission for a ❑ Yes ®No decision: Response letter to permittee is recommended: ❑ Yes ®No Suzanne Steinhauer June 7,2012 Energy Facility Permitting Date Minnesota Department of Commerce • • t FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this _ day of�,(At-1 _�.4., 1986, ` C. WIN , Itheir heirs, :-� by and between CRAIG G. WINTERS and JANET assigns, successors (hereinafter collectively referred to us t e rantor(ED—and the City of Orono, its successors and assigns, a m,nicipal corporation under the lows of "`; the State of Minnesota (hereinafter referred to as the Grartee). >. anW; WITNESSETH, Grantor(s). for and in consideration of the sum of One Dollar ($t.:,v) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and preclude the use, improvement and development, urv.er the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: The drainage easements as shown on the plat of Huntington Fcrm, a copy of which is attached hereto and made part hereof by this reference (Hereinafter "Land"), ( as follows: , I. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected or placed upon, above, or , • beneath the Land, including without limitation, principal or accessory buildings, s fireplaces, steps, docks, piers, and ...ices, provided, however, that a boundary fence may be et ected and maintained along all highways and roads, and no hard-cover or : roads of any nature whatsoever shall be constru,:ted, erected or placed upon, above or beneath the Land, provided, however, that paths and walkways may be installed and maintained. All such structures shall be corsistent with the natural state of the Land. B. No living trees, living shrubs or other living vegetation shall he destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, pec. , gravel, soil or any other natural mcteriai or substance shall be moved or removed from the Land and there shall be no dredging or #, , excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. texjy; E. No use shall be made of the Land except uses, if any, which will not Iv',-1:1' change or alter the natural condition of the Land, and no use which would tend to rw change the drainage, flood control, water conservation, erosion control, soil } conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. A i t i'. ,fi.. is f 4 r 1 i { • • • 7.. f ,i,.,,.+�tN, :f`2a+'1i:11wa1r.e».u+,......r...e._...rr...............,.. .....-•, t.,v.,...„„... .,._ ...:-iR' ,.. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. G. Not withstanding any of the above provisions, the Land may be used for agricultural purposes including n9 Pastura a of horses consistent with all Zoning Code therefore which use mayinclude the erection of fences, corrals and requirements, , watering or feeding stations for such animals except no barn, stable shall be permitted thereon without specific written consent of Grantee. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon anyor all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described ore free and clear of all encumbrances except: SEE LIST ATTACHED All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantee:; or assigns of the respective parties hereto. ig /'" ars• ;Ay/ ) i t 1 anette . linters • _2- �p _. 1! x•>:,p>; � rk" � Sr .ts.aJY k Kf -:, t �9 Pt✓t'i'>.� ,�4 � � .Y�i 8 •w '''7,,,`'I'‘., IF -.- y '''',1•'"14 F J 4 l? .� 4FN bNf ''''' .`' Fk s`,E, +S• q r• ` LF' 44, 4y N. A4 r '� r vP,, ip1E r + i ,„ fx '' • ,ra f ,r '4,1se, a�' t •,. :„ ���`�f,�.' n•`� :{' s4'.�'jS�,�rC'Yr iyy,�" .�xr},��,� '"�'" ,xd°yrtt� r ...,„.4 ',‘5,',;4-!'. � •'ir"�' ,4 d :e: -}rty:''' r�'.. It' ri ''',04,51 iltlf tti: `'h'Aw "B ' _ :$11' i, -,-5 ff1• . r. i 'a (3 { 9'yg � +FtF "Z9 fixe s. i t is . m a M u{ + ' r :`�'F,�t „i , "' '' '1'''''''.1'14X“ 99 �tX r Y4'', i, ,,,'?„.,1-, KAn',.-414'", ,`,, t .. 'term , '# ° m 3g�.F I� �r��il't f y P� '''''''1,t',' ! 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Y}a t'4w yf F ,. 0 �5; r y �r}ayr, >r 't - a. x r " s A ",fir+ 3?, }It eYm a.:,x N4 ...a ,,,1i,o, ,"4,,k0.: 1-'44.,,,,4'.',,' .� ,, -.r�.s, r s r E$ z ra:74,v± r r' A,, f .',.1,'..0.,,,,..-.04'>.',, , crpy,'� ' vy ''' Far , 4 jt" ;�r.$AB ;,. sA Y', .y .t N R� IN ,, r W' ,, STATE OF MINNESOTA ) .0#,C,, 4 .-K'� ,¢ . ) ss. r, ir �i> '(7y� COUNTY OF HENNEPIN ) ;:...,4#114;,,17 y% l*_,4.u4,4 1 ),-,:14.9',.W<-4-4-,,t,"' On this• 7 day of >Ttt �.t`-5 , 1986, before me, a NpJary Public within • and for said County and State, personally appeared (t1ij ('1(,,(,, ),��((5-+ ^ 4irtr 1 �L�,b 1- Vs, known to me to be the person(s) described in and)wfio executed t e_foregoing rVv .'' 3 .i instrument, and acknowledged that they executed said instrument as their own free x. x�°4t t, '`*,.t'4, ., -- I act and deed. x wsc �I�;,, k � �i lit,' L,.-' ;1 LC._` �i✓ • F �i i,;yt .fit u+.Fz v..':_ K * Notary Public ;,.'f'..','I �+n. t t'r State Deed Tax Due Hereon: Exempt This instrument was drafted by: , KAREN 0.SAIIGE,R WEIL & BANGER LTD. lit::, Mat�arvti"�C.ID�0n► HFSR'-?'Y OOUN'TY z 120 Brid Avenue Eastuycci*= '-'�ss�oe21.� u' Delano, MN 55328 (612) 972-3316/479-3316 , , I i -3- , aA,: �"}� A!�` y,a•'4�, +T 'F*shy� ': � �, "z.., "�" :a wa s� � 3.yt'+i�'� � ,x+ :P ""'� s s a'z - ..; s�I 'r r•"�'[,�'k1pr,r2YYkq'�ysf4,f,C ht""$+'`�e.wb�'�`yx$rY{_.h rf� •..'ti.i{, a� '�f;^ e e=a a . ' fr#t .iakF'A`e YK F( F^d'il r„p6�'+,`s'd"'�n'�s�itv'y�.�' vy .'Sd�?i�k�2_C';•y 3`,`r�,s.7.'"�,ee..rk.;x+v{rs..lr F s`4 Y,�' „R1r t x'$ ^ L" .04 4{e '7='^ INVr , kr Y' tK`° i�vrr i..: s 't ,,� '�`.. '•• � s r •ra ¢,^`•+`Y� ,r r% �f: ��` r 9L5't r,Yu eyes.`' , d �sY '�'S^HCW44{ 's e�s-s jqs a • YvSl dr aa -ar a' 'm•_:.... .iJiu4sew ,. • .i • i • A. Mortgage doted September 16, 1981, ,:corsrded September 29, 1981, os Document No. 4674263 from Craig G. Winte .md Janette C. Winters, husband and wife, to The Federal Land Bank of Sainl r'auf, a corporation, in the original principal amount of $200,000.00. B. Mortgage dated June 23, 1982, recorded July 9, 1981_, as Document No. € si 4727082 from Craig G. Winters and Janette C. Winters, husband and wife, to • Second Northwestern National Bank of Minneapolis in the original principal amount of $220,000.00. r C. Mortgage dated February 16, 1984, recorded March 19, f 984, as Document No. 4875706 from Craig G. Winters and Jor7ette C. Winters, husband and wife, to Norwest Bank University-Midway, National Association, in the original principal amount of $200,000.00. D. Mortgage dated February 16, 1984, recorded August 13, !984, �s Document No. 4915827 from Craig G. Winters and Janette C. Winters, husband and wife, to Norwest Bank University-Midway, National Association, in the original principal amount of $151 ,000.00. y' • uj a+ — — M„oP,9001 N -- N Z°42'E -- I - �3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _I33P.88 _ — — — _ - Ig , 3 % -titi- Q9to , \ Q ma �`SOr�eh r.• V G 74._ <J \ \ f l ` �J.J 1� - O Z , C .0p0 F\ N ‹ . -4 O N . e r yo, < _ O; Ilea.� ..„:"%-:- I _ _ _9IS • Ns•3° - son; _-. o'',' � M � 12 x. , , IP r - I '4o\-- ,---bv o' �' o ” x,91 I oo �.. 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',I�h' •ice / � � � I 7i gozi • d/ 9(6zF --- _ - - , F-1�� O 1 /• / -J` o i 4 _J C , , V •-\9/= %? J / / 1 N. 0 – � CO Ia "r4- 3554riz 1 po Z61 I I • a lo�lno,� • • • tzt-- °°� I �SSeFni 00012 • •....- . i ,.� ( I$ 1 ~— Li • 14-v) MII �_ l M _ O. N 1 J ,f1\162/ \��opi/ 1 1 P N� ) %'• ,,: 46,/). te` v 1 -Li .. > 011 °_ -. 3,.... W I ` I 1 v a1 I ('-1� ---- �_ 'rte N aD W r----- -• (.) O 1 1 Mike Gaffron From: Mike Gaffron Sent: Thursday, May 31, 2012 2:56 PM To: Soren Mattick Subject: FW: Orono Substation meeting Attachments: Huntington Farm - C&F Easement.pdf; Huntington Farm - Partial Copy of Plat.pdf Soren— Let's discuss the issues noted below regarding the Xcel substation project on CR6 and Hunt Farm Road: 1) Xcel is probably going to be creating a berm on Xcel's property as well as expanding onto the Homeowners Association property and even partly into Michael Kuruvilla's property in order to get added berm height for screening. My assumption is that this is all covered under the PUC permitting process and we do not have the ability (nrdo we reallwant to) put them through a CUP process. Do you agree? 2) Part of the substation work and power line is going to be happening within the Homeowners Association common space Outlot A under which the City has a Conservation Easement (copy attached, also a copy of the plat) for the areas shown as drainage easement on the plat. I assume the City will not object to the improvements they will be doing within the easement area, but it technically will be in violation of the Easement. Should I tell them to draft an amendment to the agreement for our review and approval? Or???? Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952) 249-4600 Fax: (952)249-4616 From: Rogers, Christopher C [mailto:Christopher.C.Rogers©xcelenergy.com] Sent: Thursday, May 31, 2012 1:20 PM To: Mike Gaffron Subject: FW: Orono Substation meeting Hi Mike, Our on site meeting went well last week and we will be moving forward with the design after all comments are received on June 8th. So far, we are hearing that the berm as designed on Option 3 (the larger berm) is preferred by the landowners. We will address all public comments received by June 8th and finalize our design shortly thereafter. With that in mind, have you been able to speak with the city's attorney in regards to consenting to the city's easements on Outlot A?We are planning on obtaining a temporary construction license by mid-late June from the Hunt Farm Association and from the Fraser and Kuruvilla individual lots in order to construct the berm and install landscaping. Please let me know where you are at with this and how the city would prefer to formally approve of our building of the berm (approval letter, consent, permit?, etc). Also, any more word on the possibility of needing a CUP? As mentioned below, Xcel Energy believes the state permit would preempt any local zoning requirements. Thanks, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 1 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.roqersxcelenergy.com From: Rogers, Christopher C Sent: Wednesday, May 23, 2012 8:16 AM To: 'Mike Gaffron' Subject: RE: Orono Substation meeting OK thanks, Mike. Please be sure to submit comments by June 8`" Were you able to find out anything on the proposed grading onto Outlot A? In speaking with staff here, it is our belief that the state permit we obtained should preempt any local zoning requirements such as a CUP including the grading. Once the berm plans are finalized, we will obtain a temporary construction easement from the Hunt Farm Association (and possibly 2 individual landowners) to build the berm. Once the berm is complete and landscaping is planted, Xcel Energy would warrant the landscaping for one year, then turn over maintenance responsibilities to the Association. How does the city wish to address their interests in Outlot A in regards to the berm?We could do this by consent, letter of approval, permit, etc. Please let me know. Thanks, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.rogers(c�xcelenergy.com From: Mike Gaffron [mailto:MGaffron@ci.orono.mn.us] Sent: Tuesday, May 22, 2012 5:05 PM To: Rogers, Christopher C Subject: RE: Orono Substation meeting Chris— I cannot attend that meeting. We have a Council work session at 5:30 on the 29th and our regular Council meeting at 7:00, both of which I must attend. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4600 Fax: (952)249-4616 From: Rogers, Christopher C [mailto:Christopher.C.Rogers@xcelenergy.com] Sent: Tuesday, May 22, 2012 4:52 PM To: Mike Gaffron Subject: Orono Substation meeting Mike, 2 Here's a copy of the letter that will go out Weds. in regards another meeting to review the staked locations for the Orono substation berm. Please let me know if you are able to attend on behalf of the city. Thanks, Chris Rogers Xcel Energy I Responsible By Nature Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 P: 612.330.6078 C: 612.202.0343 F: 612-573-1861 E: christopher.c.roqers cz xcelenergy.com 3 Rc Xcel Energy 414 Nicollet Mall RESPONSIBLE BY NATURE" Minneapolis, MinppJpta 5540 -' C/T rr , 5 201? OF CR0NO May 23, 2012 VIA ELECTRONIC FILING AND DELIVERY TO ATTACHED SERVICE LIST Re: Orono Substation Replacement and New 115 kV Transmission Line Project Route Permit Compliance Filings Docket No. E002/TL-11-223 Dear Property Owner: On May 15,2012,Northern States Power Company, doing business as Xcel Energy,met with interested property owners to discuss options and answer questions regarding the design of the Orono Substation. As a follow up to this public meeting and at the request of landowners, an on-site meeting to review the staked locations of the proposed berm and other substation features will be held at 6 p.m.on Tuesday,May 29th. Xcel Energy personnel including a civil engineer and a landscape specialist will be available to walk the site and review the staked locations with interested landowners and to answer questions. If you are interested in attending this meeting,the group will meet at 6 p.m.just north of 760 Hunt Farm Road before walking to the substation site. If you are unable to attend this meeting,you may still provide comments in writing via fax,email or U.S. Mail to my attention as noted below.All comments must be received by Xcel Energy no later than June 8,2012.Xcel Energy will then finalize the design for the Orono Substation berm and landscaping and submit the design to the Minnesota Public Utilities Commission for approval. A copy of the substation design submitted to the Commission will be sent to you. Sincerely, XCEL NERGY Chris Rogers Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis,MN 55401 612-330-6078,office 612-202-0343,cell Christopher.c.rogers@xcelenergy.com cc: Service List(attached) Suzanne Steinhauer,Minnesota Department of Commerce-Energy Facilities Permitting AFFIDAVIT OF MAILING I,Christopher C. Rogers,hereby certify that on May 23,2012,I deposited in the U.S. mail at Minneapolis, Minnesota, a copy of the following mailing notice (copy attached),related information, and a copy of the Route Permit addressed to all persons on the attached service list. The mailing notice, related information, and Route Permit were sent pursuant to General Conditions,Sections 4.4 and 4.5 and Special Condition Section 5.3, of the Route Permit and were sent by U.S. mail. Notice of Route Permit for Construction of a High-Voltage Transmission Line and Associated Facilities in Hennepin County Issued to Northern States Power Company, a Minnesota corporation, PUC Docket No. E002/TL-11-223 Dated this 23rd day of May 2012. Subscribed and sworn to before me This 23rd day of May 2012. Q4 d Lu Notary Public i =ty4 BONNIE J.ANDERSON 1 4 f Notary Pubfio 4 "775-7,* Minnesota 1. My Commhsbn Expires January 31,2014 • Xcel Energy° 414 Nicollet Mall RESPONSIBLE ET NATURE"' Minneapolis, Minnesota 66401-1993 May 23,2012 VIA ELECTRONIC FILING AND DELIVERY TO ATTACHED SERVICE LIST Re: Orono Substation Project Replacement and New 115 kV Transmission Line Proj p Route Permit Compliance Filings Docket No. E002/11-11-223 Dear Property Owner: On May 15,2012,Northern States Power Company,doing business as Xcel Energy,met with interested property owners to discuss options and answer questions regarding the design of the Orono Substation. As a follow up to this public meeting and at the request of landowners,an on-site meeting to review the staked locations of the proposed berm and other substation features will be held at 6 p.m.on Tuesday,May 29th . Xcel Energy personnel including a civil engineer and a landscape specialist will be available to walk the site and review the staked locations with interested landowners and to answer questions. If you are interested in attending this meeting,the group will meet at 6 p.m.just north of 760 Hunt Farm Road before walking to the substation site. If you are unable to attend this meeting,you may still provide comments in writing via fax,email or U.S.Mail to my attention as noted below. All comments must be received by Xcel Energy no later than June 8,2012.Xcel Energy will then finalize the design for the Orono Substation berm and landscaping and submit the design to the Minnesota Public Utilities Commission for approval. A copy of the substation design submitted to the Commission will be sent to you. Sincerely, XCEL NERGY Chris Rogers Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis,MN 55401 612-330-6078, office 612-202-0343,cell Christopher.c.rogers@xcelenergy.com cc: Service List(attached) Suzanne Steinhauer,Minnesota Department of Commerce-Energy Facilities Permitting ANITA D LANG ANTHONY R KMETZ ANDREW STILLMAN 615 ORCHARD PARK RD 640 ORCHARD PARK RD 18205 BREEZY POINT RD. LONG LAKE MN 55356 LONG LAKE MN 55356 WOODLAND, MN 55391 BRADLEY& LYNN ADAMS BEN & DONNA MEINHARDT BRUCE DEWITT 3745 JACOBS MILL RD PO BOX 170 2145 6TH AVE N ORONO MN 55356 HOPKINS MN 55343 LONG LAKE MN 55356 BRANDON W HOWE BRIAN D SISKA BRIAN J KERBER 4185 SIXTH AVE N 560 KOKESH FARM RD 740 ORCHARD PARK RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 CHRISTOPHER & HEIDI BNSF RR CO HEDBERG CRAIG & ELIZABETH WILLIAMS PROPERTY TAX DEPT 4340 6TH AVE N MN PO BOX 961089 3940 WATERTOWNRD LONG LAKE MN 55356 FORT WORTH TX 76161 MAPLE PLAIN MN 55359 CHARLES E LARSON CITY OF ORONO DONNELL D & HENRIETA 4285 6TH AVE NO P 0 BOX 66 THOMAS LONG LAKE MN 55356 CRYSTAL BAY MN 55323 585 ORCHARD PARK RD LONG LAKE MN 55356 DAVID C & SUSAN L WILSON DOUGALS & KAREN HICKEY DOUGLAS E WINTERS 840 HUNT FARM RD 4301 SPRUCE WAY 680 ORCHARD PARK RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 D STEVEN & BARBARA COLLINS DIANE M ERICHSEN ERIC CREAR 3680 JACOBS MILL RD 4225 WATERTOWN RD 4040 WATERTOWN RD LONG LAKE MN 55356 MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 LAVON DETERMAN PETER &AMY PASSOLT GREGORY A CARLSON 4320 SIXTH AVE N 885 HUNT FARM ROAD 3720 JACOBS MILL RD LONG LAKE MN 55356 LONG LAKE, MN 55356 LONG LAKE MN 55356 HUNTINGTON FARM HOME JAMES D LESLIE OWNERS ASSN 575 KOKESH FARM RD JAMES & DEBORAH DEANOVICH P O BOX 4224 MAPLE PLAIN MN 55359 5116 MIRROR LAKES DRIVE HOPKINS MN 55343 MINNEAPOLIS, MN 55436 JOHN & KIMBERLY PUCKETT JAMES JAY JOHNSON JASON & MEGAN GEHRMAN 4100 WATERTOWN RD 4300 WATERTOWN RD 4300 6TH AVE N MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 LONG LAKE MN 55356 JEFFREY R & KARI A AMENT JOHN FORT JR/KRISTIN M FORT JOHN S & KIMBERLY S PUCKETT 3675 JACOBS MILL RD 585 STUBBS BAY RD N 4100 WATERTOWN RD ORONO MN 55356 LONG LAKE MN 55356 MAPLE PLAIN MN 55359 JOHN T REDMOND KURUVILLA M KALLIVAYALIL KOKESH FARM HOMEOWNERS 32406 STINSON RIDGE RD 760 HUNT FARM RD ASSOC HOUSTON MN 55943 LONG LAKE MN 55356 575 KOKESH FARM RD MAPLE PLAIN MN 55359 LAWRENCE LUBBERS JR MARK D LITECKY 4225 SIXTH AVE N 2219 STINSON PKWY LONG LAKE MN 55356 MINNEAPOLIS MN 55418 MAGDALEN M PIDGEON MATT G VANSLOOTEN 2910 HIGHLAND COURT 3640 JACOBS MILL RD MOUND, MN 55364 LONG LAKE MN 55356 MATT G VANSLOOTEN MICHAEL R & MARY E PLANK PAUL& MELISSA FOGELBERG 2016 MEETING ST 327 NORTH CARRINGTON 870 HUNT FARM RD WAYZATA MN 55391 BUFFALO NY 82834 LONG LAKE MN 55356 PETER M & CARLA F SCHOON PAUL & NANCY 0 FRASER PAMMALEE M SAWCHUK 994 HUNT FARM RD 830 HUNT FARM RD 4105 WATERTOWN RD LONG LAKE MN 55356 LONG LAKE MN 55356 MAPLE PLAIN MN 55359 PARK GUN CLUB C/O TOM ROBERT C &JULIE HANNING JR LYNCH RA LANG & M LANG 4220 CTY RD NO 6 160TH 3100 BRYANT AVE S LONG LAKE MN 55356 9630 MINNEAPOLIS MN 55408 BEAVERTON, OR 97007 RICHARD & ROBERTA SCHMIDT R C TAYLOR & S SKAY-TAYLOR RANDALL J WEESTRAND 3980 WATERTOWN RD 530 STUBBS BAY RD N 525 ORCHARD PARK RD MAPLE PLAIN MN 55359 LONG LAKE MN 55356 LONG LAKE MN 55356 ROBERT J & JUDITH A YATT ROBERT K & MARY A WRICHARD L LEDSTROM SANSEVERE 4220 WATERTOWN RD 3465 COUNTY RD#6 MAPLE PLAIN MN 55359 745 ORCHARD PARK RD LONG LAKE MN 55356 LONG LAKE MN 55356 ROBERT J & LORRAINE E RODEN JIM WHALEN 460 ORCHARD PARK RD 14425 38TH AVE N LONG LAKEMN 55356 PLYMOUTH MN 55446 • STEPHEN M KROGNESS STEVEN M HARRIS MN DEPT OF TRANSPORTATION 605 STUBBS BAY RD N 3850 WATERTOWN RD ROW DEPT LONG LAKE MN 55356 MAPLE PLAIN MN 55359 395 JOHN IRELAND BLVD ST PAUL MN 55155 STEVEN P PERSIAN THOMAS F ADAMS THREE RIVERS PARK DISTRICT 1005 HUNT FARM RD 500 ORCHARD PARK RD 3000 XENIUM LA N LONG LAKE MN 55356 LONG LAKE MN 55356 PLYMOUTH MN 55441 TIMOTHY JASON ADMONIUS TODD & DONNA GAUSE WILLIAM D WYATT 755 HUNT FARM RD 480 STUBBS BAY RD 4235 N 6TH AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 WILLIAM R/MICHELLE K WILLIAM T& DONNA M OSTVIG WILLIAM B/LYNAE M L LANGTON PETERSON 3560 SIXTH AVE N 825 HUNT FARM RD LONG LAKE MN 55356 420 ORCHARD PARK RD LONG LAKE MN 55356 LONG LAKE MN 55356 WILLIAM HIBBS WILLIAM/LAUREL MACLACHLAN STANLEY MCLEAN 865 TOWNLINE ROAD 3565 SIXTH AVE N 4260 SIXTH AVENUE NORTH MAPLE PLAIN, MN 55359 LONG LAKE MN 55356 LONG LAKE, MN 55356 NORTHERN STATES POWER COMPANY CERTIFICATE OF SERVICE APPLICATION TO THE MINNESOTA PUBLIC ALTERNATIVE PERMITTING PROCESS UTILITIES COMMISSION FOR A ROUTE PERMIT MPUC DOCKET No.E002/TL-11-223 ORONO SUBSTATION REPLACEMENT AND NEW 115 KV TRANSMISSION LINE PROJECT Theresa Senart certifies that on the 23rd day of May, 2012, she filed a true and correct copy of the Affidavit of Mailingfor Notice Letter for follow upOrono Meeting by posting the same on www.edockets.state.mn.us. Said Affidavit of Mailing also been served via U.S. Mail or e- mail as designated on the Official Service List on file with the Minnesota Public Utilities Commission in the above-referenced docket. 7w'There4,a.Se tart Theresa Senart 4212122v9 • First Name Last Name !Email Company Name Address Delivery Method View Trade Secret Service List Name Julia Anderson Julia.Anderson@ag.state.m Office of the Attorney 1800 BRM Tower Electronic Service Yes OFF_SL_11-223_Ofcial n.us General-DOC 445 Minnesota St St.Paul, MN 551012134 Sharon Ferguson sharon.ferguson@state.mn Department of Commerce 85 7th Place E Ste 500 Electronic Service No OFF_SL_11-223_O1flcial .us Saint Paul, MN 551012198 Burl W. Haar burl.haar@state.mn.us Public Utilities Commission Suite 350 Electronic Service Yes OFF_SL_11-223_Officlal 121 7th Place East St.Paul, MN 551012147 John Lindell agorud.ecf@ag.state.mn.us Office of the Attorney 1400 BRM Tower Electronic Servos Yes OFF_SL_11-223_Official General-RUD 445 Minnesota St St.Paul, MN 551012130 Joseph G. Sedarski joseph.g.sedarski@xcelene Xcel Energy 414 Nicollet Mall(MP 8) Electronic Service No OFF_SL_11-223_Official rgy.com Minneapolis, MN 55401 t Mike Gaffron From: Mike Gaffron Sent: Tuesday, May 15, 2012 12:36 PM To: 'melissafogelberg@wellsfargo.com' Subject: RE: Xcel Site Plan Options Melissa— I have reviewed the plans as has Jesse Struve, our Public Works Director/City Engineer. Our comments which we will provide tonight include the following: Xcel could do more with plantings to screen the substation. They only show 28 trees being planted and the majority of them are by the stormwater pond or along County Road 6. They could do a lot more along the west side in all scenarios to help screen it. We would offer the following comments and recommendations: 1. The berm which extends into the neighboring property (Option 3) will provide the best screening of the station. Xcel should still show a lot more trees with differing varieties to hide not only the station, but also to hide the berm and to make it look more natural. 2. If the property owners do not want a berm in their common area, Xcel Energy should work with them to plant additional trees in this area and along Xcel's west property line up to their proposed fence. There is a lot of space that Xcel could potentially use to put in significant numbers of additional trees to provide better screening. 3. The berm completely within Xcel's own property (Option 2) is not sufficient (only 1'-4' high) to provide much if any shielding of the proposed station. We would recommend working with the property owners for additional tree planting if this option goes forward. 4. Option 1. does not provide sufficient screening. 5. The area south of the substation along County Road 6 should have the proposed screening supplemented to create a more effective visual barrier for traffic coming north on Orchard Park Road. 6. Additional screening east of the driveway (for the first 200' or so north of the County Road) should be provided to provide a more effective visual barrier between westbound traffic and the substation. To the extent that the Homeowners Association and the two nearest neighbors to the immediate west of the site are willing to allow berming and plantings on their property, Option 3 would be preferable in all respects to Options 1 or 2. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4600 Fax: (952) 249-4616 From: melissafogelberg@wellsfargo.com [mailto:melissafogelberg@wellsfargo.com] Sent: Monday, May 14, 2012 1:16 PM To: Mike Gaffron Subject: Xcel Site Plan Options Mike, I assume the city has taken the opportunity to review the site plans drafted by Xcel for the Orono substation. What was the reaction? Does the city have a preference for one over the others? Does the city believe Xcel is proposing 1 It r sufficient mitigation along county road 6? Thanks. MRF Melissa R.Fogelberg 1 Senior Company Counsel I Wells Fargo Law Department 1 MAC F9305-179 1 90 S.7th St.I Minneapolis,MN 55479 I Phone: 612-667- 9775 1 Cell: 612-356-1010 I Fax:800-945-8952 1 melissafoaelbergnwellsfaroo.com This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee,you must not use,copy,disclose,or take any action based on this message or any information herein.If you have received this message in error,please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation. 2 A" Guwz 21, J tt 414//eyt NISEWT- i x)6 • x' r. :; ::• t.' s ,'r•::>=_ .y 4t. t . ,..:•,,, k,,,,4i 1 w • nyw. 3iral4 +. ? ; ;;• .I': i•••..;,,:cn .;-..'.«. ?1'., . ,••y ,.i e N y .•J � ?:r-,A1 A�,; •.:�; • f �,,. �•„: .-.,, .�l:'1:"•"ais it.:.,.,�`i J - 1,:.:;',:'',. > > #' �,�..'„,- ' _ ,;r �p ,,:• .:]!maY�k�; 1iKk;''i *9 fi -;:+. i: '�•Y�s' :' ' ''^�s':f'?:.;• , , .,ir '....-..-•••• rr .1y.1�4 ��;% "o-. 'nejatae,• •:> • • S4 ati x-, '•r.t 4:` i nth s • ` •4. z EASEMENT ..: I .�.' ,,�; FLOWAGE CONSERVATION , 'P F�.Q.+•••••''''r AND WAIVER OF. DAMAGES • • 3;. „ ....-....-..,..!..,,,:,4!,5,,.,•,,,,; yF ' ” ,;•�._U,. h da of IJ.).,L. x F + c '+' YHIS!iNDENTURC, mode'and''entered into this =:and between CRAIG Gi WINTERS and JANE CY'WI ' '► t err 'heirs; .J� ' 3E'=`=:= :1• :assigns, successors (hereinafter coffcctivety referred to as t e rantor( and the ,t , `�.; ;r'•"�•'City of Orono, its successors and assigns, a municipal corporation under the laws of .s. ,rl �� ;' •:. `• ''"•• the State.of:.Minnesota (hereinafter referred to as the Grantee). .- , •, ``'a"1. '`,`. WITNESSETH, Grantor(s)i for _and in consideration of the sum.of•One.Dollar" .' r i y ' ($i hGO;'and::other _valuable consideration, hereby covenant,. grant, gift, "quit. claim t + . %j' • and";convey" to Grantee the right to restrict and Grantor(s) agree to. limit:rand •5:.4�1 , 21a "-"` preclude :the;use, improvement and development, unc,er the conditions and covenants".• -• ...........:•:,.•„.7,,, ..:. . ... '" 1'^`"•herein conta(ned,,'the. following described Land in the County of Hennepin and State of";a•.•: g „r, ..r y,.▪ $fi k ,. Minnesota ;r” • • "R , ;4.''''41.1.;'''';‘'.1144...I''..:-'''' `--:‘;''-'-'''.'•-• ;':',.,;,._.•...7". �. ' " .,The dr *i.' easements as shown on the plat of Huntington.Farm, a copy"of,; 4 wfi,• r ';; ', 1 whiicchJ is attached"hereto and made part hereof.by•this reference"(Hereinafter • x t - :7; :'ti-us .."Land»�•,....- f•, ` ni, � r „.'4',,..,k1:4:47.77: 'x ;?0" �as'foliowsi .': µ.i51.£ �y �;r4.' `•- 'I.. '.Grantor(s) hereby cov•enant and •agrees):• y 15' �;3�r Y,..yt;`2-:i.. ': �: f j '.3�: ~',;r"�r A No`structures.shall ,be constructed", erected or placed upon, above, or z;• incl al or accessorybuildi s .. :. �k•' ��.,: .'-w haul .limitation r n9 , ,.: ' Includingit P . . e ' and :limitation,kieeneath' .th L r ' . , `' I <, w .fireplaces,:.steps,.docks,-piers, :and:,,tines, provided, however, that a boundary fence ..:.......,...1,-.....2. 1.•;:..1. %� d?•may be erected•.and;maintained"'.along all:highways and roads, and no hard-cover or zf " +"•`:' ,roads'of:,any:nature'whatsoever shall be•constructed, erected or placed upon, above or J :fat 9 '„,;',A-..:;%.-1,44'''11,,beneath the Land,-provided,"however, that paths and walkways may be installed and �$ r •� ef''"'•*- nsistent with the natural 'state:of" the , s 'a be co <„ tructures_ sh N. t �' maintained.., All •such s , :. • t , 2,4„ Land:::. • •••• • • *w - .or other livingetation shall be destroyed, :�r �"�� SIT, ,. t3 No�'iiving".treea,'"living shrubs. vegetation ▪ cut'or-:removed from the Land exce•pt as authorized by written consent of'Grantee. >,{. a b�`" / :n,, ::..0:: . No earth, loam, peel • ", 'gravel, soil or any other natural. material- or•,''.•. ;,,�r eii, ''''''',„•'''''.''''..;1'-''''''''.substance.shalt be.moved or removed from the Land and there shall be'no dredging ory' i . t* excavation .of:any nature whatsoever or any change of:the topography.of the Land „_,,,... �' ...without the written consent of Grantee. .. ., t .. + �, <�''?t' ire} x D. No. soil,."sand, •gravel or other-'substance or material:as "landfill shall be ' �,;, 1 ; ',*,4 placed,;;dumped or stored upon the Land and no'waste,:trash".or`garbage :shall be'`.. ▪•' _o. �s :1';•'--y ;placed, dumped or,stored upon .the•Land. • "k ' P¢, ` ' fit•,' .{..,t.l': 'i' • • x 'M No use,�shall �be.made" "of"the•Land exceptuses -if an :Which•wiil':"not , r 'thong. or alter the natural condition of the Land, and no use which would tend,to • if ° ••' a ..change 'the drainage, :'flood control, water conservation, erosion control; • sort t; r�P r `, c" r. ,consereation, ''fish and,wildlife habitat characteristics shall be made of...the"Land;or i a-';�0 ,- ,;the water'situated'thereon. .'." } s a!'.; g<, , t ` .. r .• .,...•.::',....:1-..-; • ;' � YC ' r �/yl r. ,T. ;.. ' � ± �'• .F" ( „'',•ti—','...,11;;..,'. ^Yi Yf q , , : rl' ' ' 1: N.'� � :, :E.o.".W"rn?a.a � y• ; i' r-. , �n .�sniSr. •s .:.. - � ..,- :a.:S7].r -.� �y"•��k!htaY�� 4f'Y:.:1..... .. .-er,. . .. • it is a'. 1!<' iC.t -rY;:"}}.K..}',�.u'.u„i Lt,".•,;;:,- t * f -.: ':: n fK ,.�" +tom '''s•+ y4i _"•• ,tL.} :: iii- N,kz tt • r ,,r • '7.‹.r:.:‘'7.••::;.,:•:•,•!•.•,.......,.........Mi. •.. `'' drat 4 j• -i' • • • Al• • : . . • xT cow i•>'5....::A;',. i:;:tia 'It. ;.. .Grantee.:may.-:.:enter upon the Land for the purposes of t- flan and . ;: •• ,. \ 7, i enforcement of.the covenants contained herein and to cause to be removed from the ��, ,z•• c,�. : Land without..any: liability any structures, uses, materials, substances, or unnatural f • matter inconsistent with the covenants contained herein and the natural state of the a :V:d ,, :Gond.; it+,is rx • ">:'`4 .':•.....?.....:C •Not withstanding :any of the above provisions, the Land may be'used for a \ ' si„': agricultural: purposes including pasturage of horses consistent with all Zoning Code r•fix' .�� requirements, therefore, which-use may include the erection of fences, corrals and `x i . 4"� 1i. r watering '-or feeding stations for such animals except no barn, stable shall be_ '.,,�,* • Z7` rr 1"' 'permitted thereon without:specific written consent of Grantee. - ..........s. ;,:.....,,,..... ..,,,41.1'° • I )� - t +,,' . .;,."•,• hereby grant, gift, quit �convey , r :.s - r .:▪' ::: 2.'. Grantor(sY ant ift claim and to Grantee ..a::. . :, 1 fr.'!,?•10''''::.t.'"...;',..'.....-;--;:ii.upon � �,,��▪ ;;,; perpetuai flowage easement and right and privilege to trespass'with water over ands �;X�=.;�.„. _ • any- or all.of the Land. - '.;�t f{t 3.-• Grantor(s) herein do hereby remiss, release, acquit and forever discharge, k 2- , " , •. -.forever, the Grantee and any and all of Its officers and employees.of and from any.......:: w r or. u .�..:_� ::, " action of any.kind or nature whatsoever hEch: ..••..� f: . t- '... d. I claims, demands •causes of F-311''''''• an a! , ;,1 wFth water. within:'terms-of �' a or trespass i:.,:...., - : or:accrue b � virtue of.anyflow . � rl...:,•_ may arise o a Y 9e ll . 44 44 yY ' these`•O eements.. �} { in 'ad•dition to any• other,'•remedy.the Grantee. may have, the covenants and,•: • q tr-`:l▪ restrictions contained herein may be.enforced.by injunction. :.. �; • • tt • E'ry' ,' 3 i:] 3 }_ '.r"rNA?. }V'•aOYil1i.1 ' .., .,....i' it Ft'fes iii�t'• -y401.i:v_.Wil.; ',: • • • ilt!-.1 'v.?r, . l . '.'i:�6: •,•' • • - • .• �I iii C ‘"l,r.' . STATE OF MINNESOTA ) ..,• 4; .. '. ,, i '''!......3.• '.COUNTY OF HENNEPIN ) :•�▪ ' E 4. On this day of 5 , 1986, before me, a N ary Pub lc withi �„, � ,ti y.{ '''''•!':.:1'';';':-'3''..::'‘•• •• and for said County and State,; sonaily appeared t'J'L(, (:-(,U(ji~ {{,,('f+'s.. ;�'''• �.4 known to me to be the 'pe son(s) described in and)wfio execufed t , ore i ,-.....:.,;,,,...1 r�. ,,.• •`J�l v, sr � 90 P9 r'' instrument, and acknowledged that they executed said instrument as their own 'tree;' .;.: '"g,�s„ 7,3..s:','•'; • act and deed. ",:,'. w.4. • ., NLotary Public ' ' State Deed Tax Due Hereon: Exempt ..i...:sl_ t . •*.`' ''•• -•..This Instrument was drafted by: O.SANGER ' ` `''1* '*'.` t' > . KAREN 0 t a c.r' NOTM�'vt sue• sar `z ;; ; WE1L'& SANGER, LTD. . E . HEf '�':NCOU .. " :;�fi`'.;;•`.s. 120,Bridge Avenue East. . 3 i co ,�,,, xt.t..:"1, Ott X31 t .. Delano, MN 55328. ....':'..:!.4.,:.;:-....:.•::!•.)7,1:.:4 (612) 9723316/479-3316I '.4•.rJ+° 1 • "l (LCs C • , . ) ea:1 '4(� :�+[.. .., • • til S hfi 'l ..yam K•�Y.'.,,c' @ �+� ,..3F•yti.. ;: . . .', '.l °'• i,•2S':n} ,'",1,.:1'',"44:::•,•: '•,..1 • �1 • ;-,.-!..4;:1: • � 4[J ...:,9.i•`'it-epi• 12`' ; `. '* .:..✓:.1, .1. _ • ._ ij4{ •tmoo'. „;i• .. yw:. • • rs yxt�. -3- • • • ikA:f • «'• y n�• r .t+'` p :,!, ` ` ..„c. ,'•i •,r,YM1.rr„ .. �..:. '4u:p r:Qiuftg {fi 7 4... : • :: • . . .,,,, ,,,,,,,,,,,::,?..,,,,..,......-,......„....„.. ...,, ,,.,:.„ „• :. : : .: _... .,:„..„...,../...... .,.., . ....,„,:..•••,...„:„.........,......„,..„,,,,,,,,,:::.,:r.„.,...„.„:,...„..,,,,,„•,,, .„ ..... . .. :.• : .4 Zrt}`( Ali' h - •• .'r.,S t. si.oi .4 v.« 1,•••. , *;'/�4',ry % • -•:.!...'!..5.-:''.rr 't'' A� •• Mortgage dated September 16, 1981, iacarded September 29, 1981, as ...,, t .,,, ' ,t'',7!••:,._•-;-"...•••• ' ' .'Document No. 46714263 from Craig G. Winters and Janette C. Winters, husband ., ......,..,•;,..J.,.,:1-5.,:i....4. ; "iZ ' ', '' - -'and-wife, to The Federal Land Bank of Saini i-'avi, a corporation, in the original . .-y�;s: pncipal-amountnt of $200,000.00. sy 8. Mortgage dated June 23, 1982, recorded Juiy 9, 1982, as i�ocurrtent Na. , 7a': ^' . s.',','*''. 4727082 from Craig G. Winters and Janette C. Winters, husband and wife, ta• ;•„••::,,4:i..4-4 5 r $ Second Northwestern National. Bank of Minneapolis in the original principal �:.•,Y, t'+ t:•y-•.'.- amount of $220,000.00. .. C Morn dated February16; 1984, recorded March 19, 1984, as Document �' `'' 0 •1'.•:::%•,"4:.•;"... .. Boge 1,� ;,.;!�'' 4875706 from Craig G. Winters and Janette C. Winters, husband and wife, .to-';•_:.:...',••••,:i:,:).41,-:.1.,'- � originalvr•'" k r�"t'F - Norwes! Bank University-Midway, Notions! Association, in the incipa! • 't••'-'1°=!'''•-:•'''.•••':".."-••• j•.amount of $200,000.00. `� EYri` Sr 71;'•r4:',."1.7.,-......'..f.,,.: ,t • • . D. Mortgage. dated February 16,, 1984, recorded August 13, 1984, es Document No. '3 b1K�,, , • 4915827 from Craig G. Winters and Janette C. Winters, husband and wife, to " ,; Norwest Bank University-Midway, National Association, in the original principal '',.r' r� t � ....•,z ::f- -:.- ' amount of $151,000.00. y $ ..si.A:. , r ' - .'........:'..•.......`....;•,•,..:01:.::::-1.?1:1 '. YNk� •riiH. t .r' �'�tvy,.. • . . yycT� ,:, • ......:'• .•.',4:":3•Y'1•41! .rr • . • .- °:, 1` a`1 rc t9 f% • . • y }�� • t rc t,t+ • 'ti"at ti' ;i: _ .fig, -'••r.:... •r..:;....,.....: ... u' rpt ��p h 4 a2 44--<:.2-,!! ' 11:'''.U1 L c 33 77 / -L 9L'o9Q 3" ,ary.. oZDsz r7 )!c`1 4' 41"- Q9 v. �-' -- - . — 000L* — - — — — — - ,7•_,.ZC' oaw� - . • . . . •.. \-- Y a e OJO M o \ _ q , \ Ne ' -... � v. 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' 1 I , ' 'anti rY ' te V:73,rII "+ at • • ,, ' l'x r ,. ..I s M1� Id r i I + i• iV f r , , 4 1 r _ �r f r - _ L. • .i k //. Xcel Energy° 414 Nicol let Mall RESPONSIBLE BY NATURE" /� Minneapolis, Minnesota 55401-1993 M,y May 2 2012 Oil' 0 3��12 Y OF OR ONo VIA ELECTRONIC FILING AND DELIVERY TO ATTACHED SERVICE LIST Re: Orono Substation Replacement and New 115 kV Transmission Line Project Route Permit Compliance Filings Docket No. E002/TL-11-223 Dear Property Owner: On April 6, 2012, the Minnesota Public Utilities Commission (PUC or Commission) issued Northern States Power Company, a Minnesota corporation (Xcel Energy) a Route Permit to replace and modify the existing Orono Substation and to construct a new 115 kV transmission line between the expanded Orono Substation and Xcel Energy's existing 115 kV transmission Line 0831 in the City of Orono (Project). You are receiving this letter and enclosed information in compliance with Route Permit General Conditions 4.4 and 4.5, and Special Condition 5.3. Special Condition 5.3 provides: "Within 60 days of the issuance of this permit, the Permittee shall submit a preliminary design plan for the replacement substation to the Commission, the city of Orono, the Huntington Farm Home Owners Association, and property owners of record with properties located south of U.S. Highway 12, west of the US Highway 12/Hennepin County Road 6interchange, and within 2,500 feet of the proposed fenced area of the replacement substation. The preliminary design shall include, at a minimum, details concerning the location of the replacement substation on the site, grading of the site, the size and type of noise walls to be installed around the transformer location,fencing, lighting, and landscaping including location and dimension of proposed berms and vegetation around the replacement substation. The Permittee shall allow the Commission, the city of Orono, the Huntington Farm Home Owners Association, and local landowners a minimum of 30 days to review and provide comments on the preliminary design. " Orono Substation Replacement and New 115 kV Transmission Line Project May 2,2012 Page 2 of 3 Enclosed for your review and comment are three different design options for berming/landscaping around the planned Orono Substation, as well as proposed site plan, fencing, lighting, and noise wall details. Attached to this letter are the following proposed design documents: 1. Proposed Site Layout—aerial map indicating proposed project as permitted by the PUC; 2. Option 1 — proposed site layout including new landscaping and no berm on west side of new substation facility(NH-246796-1 Option 1); 3. Option 2 —proposed site layout including new landscaping and berm on west side of new substation facility on Xcel Energy property(NH-246796-1 Option 2); 4. Option 3 —proposed site layout including new landscaping and berm on Xcel Energy property and extending west onto Huntington Farm Home Owners Association property(NH-246796-1 Option 3); 5. Elevation 1 —elevation view of Option 1 above (NH-11399043-LOl); 6. Elevation 2—elevation view of Option 3 above (NH-11399043-L03); 7. Detail Sheets (3) — indicating proposed lights, lighting locations, fencing, etc. (NH-11553395); and 8. Preliminary Plan and Profile of transmission structures and conductors indicating structure locations, heights, etc. (NH-253583-1). Xcel Energy will hold a public meeting on May 15, 2012, from 6 to 8 p.m. at the Orono City Hall, 2750 Kelley Parkway, Orono, MN to discuss the options and design information, obtain landowner comments and answer any questions landowners have regarding the Project. If you are not able to attend the meeting, please provide any comments or questions you have in writing via fax, email or U.S. Mail to my attention as noted below. All comments must be received by Xcel no later than June 8, 2012. Xcel Energy will then finalize the Orono Substation replacement design and provide a final version of the substation design to you once complete. General Conditions 4.4 and 4.5 require Xcel Energy to provide all affected landowners with a copy of the Route Permit, the complaints procedures, , and a copy of the Landowner Guide to Easements (June 3, 2011, Fact Sheet entitled "Rights-of-Way and Easements for Energy Facility Construction and Operation") publication provided by the Minnesota Department of Commerce (DOC). Please find attached to this letter a copy of the Route Permit,the complaints procedures, and the DOC easement publication. We look forward to your comments on the proposed design of the Orono Substation. Please review the enclosed materials and feel free to contact me with any questions. Orono Substation Replacement and New 115 kV Transmission Line Project May 2,2012 Page 3 of 3 Sincerely, XCEL NERGY Chris Rogers Sr. Siting and Land Rights Agent 414 Nicollet Mall MP-8 Minneapolis, MN 55401 612-330-6078, office 612-202-0343, cell Christopher.c.rogers@xcelenergy.com cc: Service List(attached) Suzanne Steinhauer, Minnesota Department of Commerce-Energy Facilities Permitting Enc. 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I 1 1 I ;.•.1- • I H i I ' : ' 1 1 8 73 g rci •.... I 1 I I 1 I i H1 I I I I 1— ; ;—1- —I— ; —1- • I I m—4 H K A; .-.- .-,:.,..,,:,,,.-,,.•;,. I I IfI il 1 I I ! I I ' 1 I I FH 1 1 ! , I i 1 1 i i 1 . I is,M II Do ' ' •- I .1 co 0 •• L 1 4_I_ _I I— —1-• —1 1 I , • I i • ! I I IiI I , , • -1-. .,1 I I , • • , I I I 1, PI , 1 I ' I. H _I 1 • I t .- I- .m m i 1- I- I -I -I-, 1 , ••• ••• I I 0831-078(NEW) 1 II III III III II , . 1 I I I STA=14+12 \ STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION ROUTE PERMIT FOR CONSTRUCTION OF A HIGH-VOLTAGE TRANSMISSION LINE AND ASSOCIATED FACILITIES IN HENNEPIN COUNTY ISSUED TO NORTHERN STATES POWER COMPANY,A MINNESOTA CORPORATION PUC DOCKET NO. E002/TL-11-223 In accordance with the requirements of Minnesota Statutes Chapter 216E and Minnesota Rules Chapter 7850,this route permit is hereby issued to: NORTHERN STATES POWER COMPANY,A MINNESOTA CORPORATION Northern States Power Company, a Minnesota Corporation, (Xcel Energy) is authorized by this route permit to relocate approximately 0.2 miles of Xcel Energy Line 0831, to construct approximately 0.4 miles of new double-circuit 115 kV transmission line between Xcel Energy Line 0831 and the Orono Substation, and to expand and modify the Orono Substation to accommodate the new 115 kV transmission line. The transmission line and associated facilities shall be built within the route identified in this permit, as portrayed on the official route map, and in compliance with the all other conditions specified in this permit. Approved and adopted this 6th day of April, 2012 BY ORDER OF THE COMMISSION .Cga.../`�:- .4,../ Burl W. Haar, Executive Secretary %).:44-7-.:;14:1 This document can be made available in alternative formats(i.e.,large print or audio)by calling 651.296.0406 (voice). Persons with hearing or speech disabilities may call us through Minnesota Relay at 1.800.627.3529 or by dialing 711. CONTENTS 1 ROUTE PERMIT 4 2 PROJECT DESCRIPTION 4 2.1 Project Location 4 2.2 Associated Facilities and Substations 4 2.3 Structures and Conductors 5 3 DESIGNATED ROUTE 5 3.1 Route Width and Alignment 6 3.2 Right-of-Way Placement 7 3.3 Right-of-Way Width 7 4 GENERAL CONDITIONS 7 4.1 Plan and Profile 7 4.2 Construction Practices 8 4.2.1 Field Representative 8 4.2.2 Local Governments 8 4.2.3 Cleanup 8 4.2.4 Noise 8 4.2.5 Vegetation Removal in the Right-of-Way 9 4.2.6 Aesthetics 9 4.2.7 Erosion Control 9 4.2.8 Wetlands and Water Resources 10 4.2.9 Temporary Work Space 10 4.2.10 Restoration 11 4.2.11 Notice of Permit 11 4.3 Periodic Status Reports 11 4.4 Complaint Procedures 11 4.5 Notification to Landowners 11 4.6 Completion of Construction 12 4.6.1 Notification to Commission 12 4.6.2 As-Builts 12 4.6.3 GPS Data 12 4.7 Electrical Performance Standards. 12 4.7.1 Grounding 12 4.7.2 Electric Field 13 4.7.3 Interference with Communication Devices 13 4.8 Other Requirements 13 Page 1 2 4.8.1 Applicable Codes 13 4.8.2 Other Permits 13 4.8.3 Pre-emption 13 4.8.4 Delay in Construction 13 4.9 Archeological and Historic Resources 13 4.10 Avian Mitigation 14 5 SPECIAL CONDITIONS 14 5.1 Noise Mitigation 14 5.2 Swan Flight Diverters 14 5.3 Replacement Substation Design Plan 14 5.4 Archaeological Surveys 15 6 PERMIT AMENDMENT 15 7 TRANSFER OF PERMIT 15 8 REVOCATION OR SUSPENSION OF THE PERMIT 16 ATTACHMENTS Complaint Handling Procedures for High-Voltage Transmission Lines Permit Compliance Filings Compliance Filing Procedures for Permitted Energy Facilities ROUTE MAPS Overview Route HVTL Route Aerial Map Page 13 1 ROUTE PERMIT The Minnesota Public Utilities Commission (Commission) hereby issues this route permit to Northern States Power, a Minnesota corporation (Permittee) pursuant to Minnesota Statute 216E.03 and Minnesota Rules 7850. This permit authorizes the Permittee to construct approximately 0.6 miles of new 115 kV transmission line and associated facilities in Hennepin County, Minnesota and as identified in the attached route permit maps, hereby incorporated into this document. 2 PROJECT DESCRIPTION The Permittee is authorized to construct a project comprising of the relocation of an existing 115 kV transmission line, construction of a new 115 kV transmission line, and associated facilities described as: • Construction of approximately 0.4 miles of new double circuit 115 kV transmission line between Xcel Energy line 0831 and the Orono Substation. • Relocation of approximately 0.2 miles of the existing Xcel Energy single circuit 115 kV transmission line 0831. • Replacement of the existing 69 kV Orono Substation with a new 115 kV substation at the same location, but with a larger footprint to accommodate the new 115 kV transmission line. 2.1 Project Location The project is located in Township 118N, Range 23 W, Sections 29, 30, and 32 in the northeastern portion of the city of Orono in Hennepin County, Minnesota. 2.2 Associated Facilities and Substations The project would replace the existing 69 kV Orono Substation with an expanded 115 kV substation at the same location in the southwest portion of the 16 acre parcel owned by Xcel Energy,encompassing the existing 69kV site. Depending upon the extent of landscaping to mitigate substation impacts, up to 50 feet west of the Xcel Energy Parcel may be required. The fenced area of the new 115 kV substation would be approximately 1.2 acres, encompassing the existing 0.1 acre site of the 69 kV substation. Xcel Energy will grade a total area of approximately 1.6 acres, for the substation and re-aligned access road to ensure both a stable base for the substation equipment and proper drainage and runoff control. Additional area may be graded to establish landscaping to mitigate substation impacts. Project work at the substation would entail: • Removal of the termination structure for Great River Energy's (GRE) 69 kV transmission line; switchgear from the existing 69 kV substation will be reused in its existing location; • Installation of a mobile substation or use of GRE's existing 69 kV transmission line during construction to ensure that service is maintained until the 115 kV source is energized; Page I 4 • Installation of a new 115-13.8 kV substation with a 28 mega volt ampere (MVA), 118-14.3 kV transformer; • Installation of two 115 kV line terminations, each with a motor—operated transmission line switch, one with a quick-break line dropping whip; • Installation of two single-phase coupling capacitor voltage instrument transformers with carrier accessories; • Installation of two 2000 amp line traps and tuners;and • Installation of six 76 kV maximum continuous operating voltage station class surge arresters. • Installation of noise walls of the size and type evaluated in the Noise Assessment. 2.3 Structures and Conductors The Permittee shall use 115/115 kV single pole double-circuit structures constructed of galvanized steel for Structures 076-1 to 076-5. Structures would be approximately 75 to 115 feet in height with average spans of 300 to 500 feet between structures. Permittee shall install a new self-supporting single-circuit angle structure, 077, in the portion of the line relocating Xcel Energy's existing line 0831. The new structure would be constructed of galvanized steel and be approximately 70 to 90 feet in height with spans of 300 feet to 500 feet between structures. Permittee shall use single-pole cross arm Y-frame structures constructed of galvanized steel to replace the existing Structure 076, in Baker Park Reserve, and 078,where Xcel Energy's existing line 0831 would be relocated. These structures would be 70 to 90 feet in height, with spans of 300 to 500 feet between structures. The transmission line shall be equipped with protective devised to safeguard the public if an accident occurs. The transmission line shall be designed to meet or exceed local and state codes, the National Electric Safety Code (NESC), and North American Electric Reliability Corporation (NERC) requirements. This includes standards relating to clearances to ground, clearance to crossing utilities, clearance to buildings, strength of materials, clearances over roadways, right-of-way widths, and permit requirements. 3 DESIGNATED ROUTE The approved route is shown on the route map attached to this permit and further designated as follows: The new transmission line would exit an expanded Orono Substation, head north for 866 feet as a double circuit line and then turn to the northwest along the southern edge of the BNSF railroad right-of-way for approximately 1,205 feet to the existing 115 kV transmission Line 0831. At this point,the Project would replace three existing transmission structures and approximately Page5 1,030 feet of single circuit 115 transmission Line 0831with two new structures and approximately 1,095 feet of single circuit 115 kV transmission line,re-routing the existing line off of two residential parcels and onto adjacent Huntington Farm Home Owners Association property adjacent to the BNSF railroad. A new double-circuit corner structure would connect the single-and double-circuit portions of the project. The Project would also install fiber optic ground wire along the entire length of the Project 3.1 Route Width and Alignment The designated route width will be as follows: 100 feet on each side of existing Line 0831 from Structure 076 to 078 (200 feet total width) for removal and replacement work; 100 feet on each side of new single circuit 115 kV transmission line from Structure 078 to new Structure 077(200 feet total width); 100 feet on south side and 50 feet on north side of new 115 kV transmission line from new Structure 077 to new Structures 076-1, 076-2, and 076-3 (150 feet total width); 100 feet on either side of new 115 kV transmission line from new Structure 076-3 into the replacement substation area, except that the route width along west property line of Xcel Energy site shall be 50 feet west of Xcel Energy property on Huntington Farm Home Owners Association property and not on residential parcels. This width will provide the Permittee with flexibility for minor adjustments of the specific alignment or right-of-way to accommodate landowner requests and unforeseen conditions. The final alignment (i.e., permanent and maintained rights-of-way) will be located within this designated route unless otherwise authorized below. The designated route identifies an alignment that minimizes the overall potential impacts to the factors identified in Minnesota Rule 7850.4100 and which was evaluated in the environmental review and permitting process. Consequently,this permit anticipates that the actual right-of-way will generally conform to the alignment shown in the attached maps,unless changes are requested by individual landowners,unforeseen conditions are encountered,or are otherwise provided for by this permit. Any alignment modifications within this designated route shall be located so as to have comparable overall impacts relative to the factors in Minnesota Rule 7850.4100 as does the alignment identified in this permit, and shall be specifically identified and documented in and approved as part of the Plan and Profile submitted pursuant to Section 4.1 of this permit. Route width variations outside the designated route may be allowed for the Permittee to overcome potential site specific constraints. These constraints may arise from any of the following: 1) Unforeseen circumstances encountered during the detailed engineering and design process. 2) Federal or state agency requirements. Page I6 3) Existinginfrastructure within the transmission line route, includingbut not limited to roadways, railroads, natural gas and liquid pipelines, high voltage electric transmission lines, or sewer and water lines. 4) Planned infrastructure improvements identified by state agencies and local government units(LGUs)and made part of the record for this permit. Any alignment modifications arising from these site specific constraints that would result in right-of-way placement outside the designated route shall be located so as to have comparable overall impacts relative to the factors in Minnesota Rule 7850.4100 as does the alignment identified in this permit and shall also be specifically identified and documented in and approved as part of the plan and profile submitted pursuant to Section 4.1 of this permit. 3.2 Rieht-of-Wav Placement Where the transmission line route parallels existing highway and other road rights-of-way, the transmission line right-of-way shall occupy and utilize the existing right-of-way to the maximum extent possible, consistent with the criteria in Minnesota Rule 7850.4100, the other requirements of this permit, and for highways under the jurisdiction of the Minnesota Department of Transportation (Mn/DOT), Mn/DOT rules, policies, and procedures for accommodating utilities in trunk highway rights-of-way. 3.3 Right-of-Wav Width The 115 kV transmission line will be built with single pole structures, which will require a 75- foot right-of-way, 37.5 feet on each side of the transmission line centerline. 4 GENERAL CONDITIONS The Permittee shall comply with the following general conditions during construction of the transmission line and associated facilities and the life of this permit. 4.1 Plan and Profile At least thirty(30) days before right-of-way preparation for construction begins on any segment or portion of the project, the Permittee shall provide the Commission with a plan and profile of the right-of-way and the specifications and drawings for right-of-way preparation, construction, transmission structure specifications and locations, and restoration for the transmission line. The documentation shall include maps depicting the plan and profile including the right-of-way, alignment, and structures in relation to the route and alignment approved per the permit. The permittee will continue to consult with adjacent landowners regarding final design of the noise walls and berms, and provide a noise abatement design for the substation during the Plan and Profile. The Permittee may not commence construction until the thirty (30) days has expired or until the Commission has advised the Permittee in writing that it has completed its review of the documents and determined that the planned construction is consistent with this permit. If the Page 17 Permittee intend to make any significant changes in the plan and profile or the specifications and drawings after submission to the Commission, the Permittee shall notify the Commission at least five (5) days before implementing the changes. No changes shall be made that would be in violation of any of the terms of this permit. 4.2 Construction Practices The Permittee shall follow those specific construction practices and material specifications described in the Northern States Power Company application to the Commission for a route permit, dated June 7, 2011, and as described in the environmental assessment and Findings of Fact, unless this permit establishes a different requirement, in which case this permit shall prevail. 4.2.1 Field Representative At least fourteen (14) days prior to commencing construction, the Permittee shall advise the Commission in writing of the person or persons designated to be the field representative for the Permittee with the responsibility to oversee compliance with the conditions of this permit during construction. The field representative's address, phone number, email, and emergency phone number shall be provided to the Commission and shall be made available to affected landowners, residents, public officials and other interested persons. The Permittee may change the field representative at any time upon written notice to the Commission. 4.2.2 Local Governments During construction, the permitee shall minimize any disruption to public services or public utilities. To the extent disruptions to public services occur, these would be temporary and the permitee will work to restore service promptly. Where any impacts to utilities have the potential to occur, permitee will work with both landowners and local agencies to determine the most appropriate transmission structure placement. The Permittee shall cooperate with county and city road authorities to develop appropriate signage and traffic management during construction. 4.2.3 Cleanup All waste and scrap that is the product of construction shall be removed from the area and properly disposed of upon completion of each task. Personal litter, including bottles, cans, and paper from construction activities shall be removed on a daily basis. 4.2.4 Noise Construction and routine maintenance activities shall be limited to daytime working hours, as defined in Minnesota Rule 7030.0200, to ensure nighttime noise level standards will not be exceeded. Page 18 4.2.5 Vegetation Removal in the Right-of-Way The Permittee shall minimize the number of trees to be removed in selecting the right-of- way specifically preserving to the maximum extent practicable windbreaks, shelterbelts, living snow fences and vegetation in areas such as trail and stream crossings, where vegetative screening may minimize aesthetic impacts, to the extent that such actions do not violate sound engineering principles or system reliability criteria. Tall tree species located within the transmission line right-of-way that endanger the safe and reliable operation of the transmission facility will be removed. In many cases certain low and slow growing species that do not exceed a mature height of 15 feet can be planted in the right-of-way to blend the difference between the right-of- way and adjacent wooded areas, to the extent that the low growing vegetation that will not pose a threat to the transmission facility or impede construction. 4.2.6 Aesthetics The Permittee shall consider input pertaining to visual impacts from landowners or land management agencies prior to final location of structures, rights-of-way, and other areas with the potential for visual disturbance. Care shall be used to preserve the natural landscape, minimize tree removal and prevent any unnecessary destruction of the natural surroundings in the vicinity of the project during construction and maintenance. Structures shall be placed at the reasonable distance, consistent with sound engineering principles and system reliability criteria, from intersecting roads, highway, or trail crossings and could cross roads to minimize or avoid impacts. 4.2.7 Erosion Control The Permittee shall follow standard erosion control measures outlined in Minnesota Pollution Control Agency (MPCA) guidance and best management practices regarding sediment control practice during construction include protecting storm drain inlets, use of silt fences, protecting exposed soil, immediately stabilizing restored soil, controlling temporary soil stockpiles, and controlling vehicle tracking. The Permittee shall implement reasonable measures to minimize runoff during construction and shall promptly plant or seed, erect sediment control fences (e.g. biorolls, sandbags, and silt fences), apply mulch (e.g. hay or straw) on exposed soils, and/or use erosion control blankets and turf reinforcement mats to provide structural stability to bare surfaces and slopes. When utilizing seed to establish temporary and permanent vegetative cover on exposed soil, the Permittee shall select specific site characteristic seed, certified to be free of noxious weeds. Contours shall be graded as required so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate re-vegetation, provide for Page 1 9 proper drainage, and prevent erosion. All areas disturbed during construction of the facilities shall be returned to their pre-construction condition. Where larger areas of one acre or more are disturbed or other areas designated by the MPCA, the Permittee shall prepare the required Stormwater Pollution Prevention Plan (SWPPP) and obtain a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS)construction stormwater permit from the MPCA. 4.2.8 Wetlands and Water Resources Structures shall be located to span watercourses, wetlands, and floodplains to the extent practicable and consistent with sound engineering principles. Minimal grading of areas around pole locations may be required to accommodate construction vehicles and equipment. Construction of Public Water crossings shall be consistent with construction methods identified in Minn. Rule 6135.1300, as required by the Minnesota Department of Natural Resources in the License to Cross Public Lands and Waters. Permittee shall minimize disturbance to natural streambed and shoreline vegetation and restrict clearance of banks, shorelines and adjacent lands to the minimum necessary for equipment to complete the installation to the extent that such actions do not violate sound engineering principles or system reliability criteria. The Permittee shall endeavor to access wetlands and riparian areas using the shortest route possible in order to minimize travel through wetland areas and prevent unnecessary impacts wherever possible. Construction in wetlands and riparian areas shall be scheduled during frozen ground conditions, when practicable. When construction during winter is not possible, construction mats (wooden mats or a composite mat system) shall be used to protect wetland vegetation. All-terrain construction vehicles designed to minimize soil impact in damp areas may also be used. No staging or stringing set up areas shall be placed within or adjacent to wetlands or water resources, as practicable. The structures shall be assembled on upland areas before they are brought to the site for installation. Soil excavated from the wetlands and riparian areas shall be contained and not placed back into the wetland or riparian area. The Permittee shall also utilize erosion control methods identified in Section 4.2.7 (Erosion Control), as warranted. Areas disturbed by construction activities shall be restored to pre-construction conditions (soil horizons, contours,vegetation, etc.). 4.2.9 Temporary Work Space The Permittee shall limit temporary easements to special construction access needs and additional staging or lay-down areas required outside of the authorized right-of-way. Space shall be selected to limit the removal and impacts to vegetation. Page 110 Temporary lay down areas outside of the authorized transmission line right-of-way will be obtained from affected landowners through rental agreements and are not provided for in this permit. Temporary driveways may be constructed between the roadway and the structures to minimize impact by using the shortest route possible. Construction mats may also be used to minimize impacts on access paths and construction areas. 4.2.10 Restoration The Permittee shall restore the right-of-way, temporary work spaces, access roads, abandoned right-of-way, and other public or private lands affected by construction of the transmission line. Practices to restore areas impacted by construction and maintenance activities are also described in Section 4.2.7 of this permit. Restoration within the right-of-way must be compatible with the safe operation, maintenance, and inspection of the transmission line. Within 60 days after completion of all restoration activities, the Permittee shall advise the Commission in writing of the completion of such activities. The Permittee shall compensate landowners for any yard/landscape, crop, soil compaction, drain tile, or other damages that may occur during construction. 4.2.11 Notice of Permit The Permittee shall inform all employees, contractors, and other persons involved in the transmission line construction of the terms and conditions of this permit. 4.3 Periodic Status Reports The Permittee shall report to the Commission on progress regarding finalization of the route, design of structures, and construction of the transmission line. The Permittee need not report more frequently than monthly. 4.4 Complaint Procedures Prior to the start of construction, the Permittee shall submit to the Commission the procedures that will be used to receive and respond to complaints. The procedures shall be in accordance with the requirements set forth in the complaint procedures attached to this permit. 4.5 Notification to Landowners The Permittee shall provide all affected landowners with a copy of this permit and the complaints procedures at the time of the first contact with the landowners after issuance of this permit. At the time of first contact, the Permittee shall also provide all affected landowners with a copy of the Landowner Guide to Easements publication provided by the Department of Commerce. Page I 11 The Permittee shall contact landowners prior to entering the property or conducting maintenance along the route. The Permittee shall avoid construction and maintenance practices, particularly the use of fertilizer, herbicides or other pesticides, that are inconsistent with the landowner's or tenant's use of the land(See also, Section 4.2.5). The Permittee shall work with landowners to locate the high-voltage transmission line to minimize the loss of agricultural land, forest,and wetlands,and to avoid homes and farmsteads. 4.6 Completion of Construction 4.6.1 Notification to Commission At least three days before the line is to be placed into service, the Permittee shall notify the Commission of the date on which the line will be placed into service and the date on which construction was complete. 4.6.2 As-Builts Within 60 days after completion of construction, the Permittee shall submit copies of all the final as-built plans and specifications developed during the project. 4.6.3 GPS Data Within 60 days after completion of construction, the Permittee shall submit to the Commission, in the format requested by the Commission, geo-spatial information (ArcGIS compatible map files, GPS coordinates, associated database of characteristics, etc.) for all structures associated with the transmission line, each switch, and each substation connected. 4.7 Electrical Performance Standards. 4.7.1 Grounding The Permittee shall design, construct, and operate the transmission line in a manner that the maximum induced steady-state short-circuit current shall be limited to five milliamperes (mA), root mean square (rms) alternating current between the ground and any non-stationary object within the right-of-way, including but not limited to large motor vehicles and agricultural equipment. All fixed metallic objects on or off the right- of-way, except electric fences that parallel or cross the right-of-way, shall be grounded to the extent necessary to limit the induced short-circuit current between ground and the object so as not to exceed one mA rms under steady state conditions of the transmission line and to comply with the ground fault conditions specified in the NESC. The Permittee shall address and rectify any induced current problems that arise during transmission line operation. Page 112 4.7.2 Electric Field The transmission line shall be designed, constructed, and operated in such a manner that the electric field measured one meter above ground level immediately below the transmission line shall not exceed 8.0 kV/m rms. 4.7.3 Interference with Communication Devices If interference with radio or television, satellite, wireless internet, GPS-based agriculture navigation systems or other communication devices is caused by the presence or operation of the transmission line, the Permittee shall take whatever action is prudently feasible to restore or provide reception equivalent to reception levels in the immediate area just prior to the construction of the line. 4.8 Other Requirements. 4.8.1 Applicable Codes The Permittee shall comply with applicable requirements of the NESC including clearances to ground, clearance to crossing utilities, clearance to buildings, right-of-way widths, erecting power poles, and stringing of transmission line conductors. The transmission line facility shall also meet the NERC reliability standards. 4.8.2 Other Permits The Permittee shall comply with all applicable state rules and statutes. The Permittee shall obtain all required local, state and federal permits for the project and comply with the conditions of these permits. A list of the required permits is included in the route permit application and the environmental assessment. The Permittee shall submit a copy of such permits to the Commission upon request. 4.8.3 Pre-emption Pursuant to Minnesota Statutes 216E.10, subdivisions 1 and 2, this route permit shall be the sole route approval required to be obtained by the Permittee and this permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government. 4.8.4 Delay in Construction If the Permittee have not commenced construction or improvement of the route within four years after the date of issuance of this permit, the Commission shall consider suspension of the permit in accordance with Minnesota Rule 7850.4700. 4.9 Archeological and Historic Resources If any previously unrecorded archaeological sites are discovered during construction of the project, the Permittee shall immediately stop work at the site and shall mark and preserve the site(s)and notify the Commission and the State Historic Preservation Office(SHPO) of the discovery. The Commission and the SHPO shall have three(3)working days from the time the Page I13 agency is notified to conduct an inspection of the site if either agency chooses to do so. On the fourth day after notification,the Permittee may begin work on the site unless the SHPO has directed that work shall cease. In such event, work shall not continue until the SHPO determines that construction can proceed. If human remains are encountered during construction,the Permittee shall immediately halt construction at that location and promptly notify local law enforcement authorities and the State Archaeologist. Construction at the human remains location shall not proceed until authorized by local law enforcement authorities or the State Archaeologist. If any federal funding, permit, or license is involved or required,the Permittee shall notify the SHPO as soon as possible in the planning process to coordinate section 106(36 C.F.R.part 800) review. Prior to construction, construction workers shall be trained about the need to avoid cultural properties,how to identify cultural properties, and procedures to follow if undocumented cultural properties, including gravesites, are found during construction. 4.10 Avian Mitigation The Permittee' standard transmission design shall incorporate adequate spacing of conductor(s) and grounding devices in accordance with Avian Power Line Interaction Committee standards to eliminate the risk of electrocution to raptors with larger wingspans that may simultaneously come in contact with a conductor and grounding devices. 5 SPECIAL CONDITIONS Special conditions shall take precedence over any of the other conditions of this Permit fif there should be a conflict between the two. The Permittee shall provide a report to the Commission as part of the plan and profile submission that describes the actions taken and mitigative measures developed regarding the project and the following Special Conditions. 5.1 Noise Mitigation The Permittee shall limit construction activities to occur between 7 a.m. and 8 p.m. on weekdays and 8 a.m.to 8 p.m. on weekends, consistent with the city of Orono's noise regulations. 5.2 Swan Flight Diverters The Permittee shall install Swan Flight Diverters (SFDs) at intervals of 25 feet along the approved route, as shown in the maps attached to this permit. 5.3 Replacement Substation Design Plan The replacement substation shall be designed and constructed in a manner that,to the extent possible: 1)minimizes the impact of the project on persons living, working and traveling in close Page 114 proximity to the replacement substation,2)minimizes the aesthetic impact,and 3) is compatible with the surrounding structures. Within 60 days of the issuance of this permit,the Permittee shall submit a preliminary design plan for the replacement substation to the Commission,the city of Orono,the Huntington Farm Home Owners Association, and property owners of record with properties located south of U.S. Highway 12,west of the U.S Highway 12/Hennepin County Road 6interchange, and within 2,500 feet of the proposed fenced area of the replacement substation,. The preliminary design shall include, at a minimum,details concerning the location of the replacement substation on the site, grading of the site,the size and type of noise walls to be installed around the transformer location, fencing, lighting, and landscaping including location and dimension of proposed berms and vegetation around the replacement substation. The Permittee shall allow the Commission,the city of Orono,the Huntington Farm Home Owners Association, and local landowners a minimum of 30 days to review and provide comments on the preliminary design. Along with the required compliance filing of the Plan and Profile(see 3.1),the Permittee shall submit to the Commission the final replacement substation design, including a discussion of the comments received and rationale for the Permittee's final design decisions. 5.4 Archaeological Surveys The Permittee shall perform an archeological survey as identified by the SHPO to identify any previously unknown archaeological resources. 6 PERMIT AMENDMENT The permit may be amended at any time by the Commission. Any person may request an amendment of the conditions of this permit by submitting a request to the Commission in writing describing the amendment sought and the reasons for the amendment. The Commission will mail notice of receipt of the request to the Permittee. The Commission may amend the conditions after affording the Permittee and interested persons such process as is required. 7 TRANSFER OF PERMIT The Permittee may request at any time that the Commission transfer this permit to another person or entity. The Permittee shall provide the name and description of the person or entity to whom the permit is requested to be transferred, the reasons for the transfer, a description of the facilities affected, and the proposed effective date of the transfer. The person to whom the permit is to be transferred shall provide the Commission with such information as the Commission shall require to determine whether the new permittee can comply with the conditions of the permit. The Commission may authorize transfer of the permit after affording the Permittee,the new permittee, and interested persons such process as is required. Page 115 8 REVOCATION OR SUSPENSION OF THE PERMIT The Commission may initiate action to revoke or suspend this permit at any time. The Commission shall act in accordance with the requirements of Minnesota Rule 7850.5100 to revoke or suspend the permit. Page 116 MINNESOTA PUBLIC UTILITIES COMMISSION COMPLIANCE FILING PROCEDURE FOR PERMITTED ENERGY FACILITIES 1. Purpose To establish a uniform and timely method of submitting information required by the Commission energy facility permits. 2. Scope and Applicability This procedure encompasses all compliance filings required by permit. 3. Definitions Compliance Filing — A sending (filing) of information to the Commission, where the information is required by a Commission site or route permit. 4. Responsibilities A) The Permittee shall eFile all compliance filings with Dr. Burl Haar, Executive Secretary, Public Utilities Commission, through the Department of Commerce (DOC) eDocket system. The system is located on the DOC website: https://www.edockets.state.mn.us/EFiI ing/home.jsp General instructions are provided on the website. Permittee must register on the website to eFile documents. B) All filings must have a cover sheet that includes: 1) Date 2) Name of submitter/Permittee 3) Type of Permit(Site or Route) 4) Project Location 5) Project Docket Number 6) Permit Section Under Which the Filing is Made 7) Short Description of the Filing Filings that are graphic intensive (e.g., maps, plan and profile) must, in addition to being eFiled, be submitted as paper copies and on CD. Copies and CDs should be sent to: 1) Dr. Burl W. Haar, Executive Secretary, Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, MN, 55101-2147, and 2) Department of Commerce, Energy Facility Permitting, 85 7th Place East, Suite 500, St. Paul, MN, 55101-2198. Page 117 BLANK PAGE Page I18 PERMIT COMPLIANCE FILINGS' PERMITTEES: Northern States Power Company, a Minnesota Corporation PERMIT TYPE: HVTL Route Permit PROJECT LOCATION: Hennepin County PUC DOCKET NUMBER: E002/TL-11-223 Filing Permit Section Description Due Date Number Plan and profile of right- 30 days before ROW 1 4. 1 of-way preparation re aration or construction a Contact information for 14 days prior to construction 2 4.2.1 field representative Restoration Complete 60 days after completion of 3 4.2.10 all restoration activities Periodic Status Reports monthly 4 4.3 Complaint Procedures Prior to start of construction 5 4.4 Paragraph F of Complaint Reports By the 15th of each month 6 Complaint Handling Procedures Notification to landowners 7 4.5 Notice of completion and Three days prior to 8 4.6.1 date of placement in energizing service Provide As-built plans and Within 60 days after 9 4.6.2 specifications completion of construction GPS information Within 60 days after 10 4.6.3 completion of construction Notification of previously As needed 11 4.9 unrecorded archaeological sites This compilation of permit compliance filings is provided for the convenience of the permittees and the PUC. However,it is not a substitute for the permit;the language of the permit controls. Page 119 Swan Flight Diverter 30 days before ROW 13 5.2 Locations preparation or construction Replacement Substation 30 days before ROW 14 5.3 Design Plan preparation or construction Report of Archaeological 30 days before ROW 15 5.4 Survey preparation or construction Page I20 • MINNESOTA PUBLIC UTILITIES COMMISSION COMPLAINT HANDLING PROCEDURES FOR HIGH VOLTAGE TRANSMISSION LINES A. Purpose: To establish a uniform and timely method of reporting complaints received by the Permittee concerning Permit conditions for site preparation, construction, cleanup and restoration, operation and resolution of such complaints. B. Scope: This document describes Complaint reporting procedures and frequency. C. Applicability: The procedures shall be used for all complaints received by the Permittee and all complaints received by the Commission under Minn. Rule 7829.1500 or 7829.1700 relevant to this Permit. D. Definitions: Complaint: A verbal or written statement presented to the Permittee by a person expressing dissatisfaction or concern regarding site preparation, cleanup or restoration or other HVTL and associated facilities route permit conditions. Complaints do not include requests, inquiries, questions or general comments. Substantial Complaint: A written Complaint alleging a violation of a specific Route Permit condition that, if substantiated, could result in Permit modification or suspension pursuant to the applicable regulations. Unresolved Complaint: A Complaint which, despite the good faith efforts of the Permittee and a person(s), remains to both or one of the parties unresolved or unsatisfactorily resolved. Person: An individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized. E. Complaint Documentation and Processing: 1. The Permittee shall document all Complaints by maintaining a record of all applicable information concerning the Complaint, including the following: Page 121 a. Name of complainant, address, phone number, and e-mail address. b. Precise property description or parcel number. c. Name of Permittee representative receiving Complaint and date of receipt. d. Nature of Complaint and the applicable Route Permit conditions(s). e. Activities undertaken to resolve the Complaint. f. Final disposition of the Complaint. 2. The Permittee shall designate an individual to summarize Complaints for substantial to the Commission. This person's name, phone number and e-mail address shall accompany all complaint submittals. 3. A Person presenting the Complaint should to the extent possible, include the following information in their communications: a. Name, address, phone number, and e-mail address. b. Date c. Tract or parcel d. Whether the complaint relates to (1) a Route Permit matter, (2) a HVTL and associated facility issue, or(3) a compliance issue. F. Reporting Requirements: The Permittee shall report all complaints to the Commission according to the following schedule: Immediate Reports: All substantial complaints shall be reported to the Commission the same day received, or on the following working day for complaints received after working hours. Such reports are to be directed to HVTL Permit Compliance, 1-800-657- 3794, or by e-mail to: DOC.energypermitcompliance@state.mn.us, or. Voice messages are acceptable. Monthly Reports: By the 15th of each month, a summary of all complaints, including substantial complaints received or resolved during the preceding month, shall be Filed to Dr. Burl W. Haar, Executive Secretary, Public Utilities Commission, using the Minnesota Department of Commerce eDocket system (see eFiling instructions attached to this permit). If no Complaints were received during the preceding month, the Permittee shall submit (eFile) a summary indicating that no complaints were received. G. Complaints Received by the Commission or DOC: Complaints received directly by the Commission from aggrieved persons regarding site preparation, construction, cleanup, restoration, operation and maintenance shall be promptly sent to the Permittee. Page I 22 H. Commission Process for Unresolved Complaints: Initial Screening: Commission staff shall perform an initial evaluation of unresolved Complaints submitted to the Commission. Complaints raising substantial HVTL Route Permit issues shall be processed and resolved by the Commission. Staff shall notify Permittee and appropriate person(s) if it determines that the Complaint is a Substantial Complaint. With respect to such Complaints, each party shall submit a written summary of its position to the Commission no later than ten days after receipt of the Staff notification. Staff shall present Briefing Papers to the Commission, which shall resolve the Complaint within twenty days of submission of the Briefing Papers. Permittee Contacts for Complaints: Mailing Address: Complaints filed by mail shall be sent to: ATTN: Mr. Joseph Sedarski Senior Permitting Analyst Xcel Energy Services 414 Nicollet Mall, MP-8 Minneapolis, MN 55401 Tel: (612) 330-6435 Email: joseph.g.sedarskilaxcelenergy.com Page 23 BLANK Page I 24 HVTL ROUTE MAP Page I 25 1 I., S II d^ • s�+l 1 I miy 4 H ly ► ` '. t ' P o y Ik W Q 4Ir 1. a, a:A oUO � .r I �*. ti r ZCZ I c �..vEWE I -07.1, r' I / i,;.c lzr'au I .0 ` ... c fes•/ ••.. W �2_ W= I xoya I z ,•,1 I ,,-1 Qa1 m C ! O z s ' m~I N Z I �M` i O 2I LO— z�m c o U \1 Um O l .c.,rmr x; . t. y vw � y` ' ( 4rf° 4 Pa 9Jed Piea J -i' r: lli7 e z z r P - — I o te e'a4 °rwn,, E ' } 44 t k., ,as a O. a ; ,•'te�-�• r Ih x 1 7 9 }, cn :elII sM c U fifmc°' �,,. Y l 8 I S,. K'' .p, xk k. cc cc A g. ' N d i@ 2@ A i7 X /�gtT U [Y - E 1 w m wC� r„.^,4,.._"'� � �y 9 4 O A �i R >&�3 rY ▪ 5 ...t.---e,- � m gra �. " o . gi 1 ,- - Int I � ~ d 0 1133 e I v ' ' � s � 8 sg g g � ��x �r �r iqn, . LLSI �Q3 'l ° s & x Aya :,, I - � m �. 58. � g w o f Eoc 3 d as `e5 H ▪ o W I I e 0 I- > E Minnesota Department of Commerce MINNESOTA DEPARTMENT OF FACT SHEET , COMMERCE Rights-of-Way and Easements for Energy Facility Construction and Operation This fact sheet has been developed by Minnesota Department of Commerce, Energy Facility Permitting staff It is intended for informational purposes only, as a result of and in response to questions and comments made at siting and routing public meetings throughout Minnesota. This document does not constitute legal advice, nor should it be relied on as such. Landowners are encouraged to independently verify any statements made herein. The Minnesota Department of Commerce provides this fact sheet for landowners who may be affected by construction of energy facilities in the State of Minnesota. Its purpose is to explain the process by which utilities obtain rights-of-way for new energy facilities(i.e.,transmission lines and pipelines) and to inform landowners of their rights in negotiating right- of-way agreements. Public Utilities Commission and Permits for Energy Facilities The State of Minnesota has established a state policy of facilities. locating energy facilities in an orderly manner compatible with environmental preservation, sustainable Route Permits: Route permits issued by the PUC for development, and efficient use of resources. The transmission lines and pipelines specify a route width Minnesota Public Utilities Commission (PUC) has and a right-of-way (ROW) width. The route width is authority to issue permits for certain energy facilities in typically larger than the ROW width — providing the state, including power plants, transmission lines, flexibility in ROW placement within the route to address wind farms, and pipelines. When it issues such permits, human and environmental concerns that arise after the the PUC must choose sites and routes that minimize permit has been issued. For example, the permitted adverse human and environmental impacts while ROW might be 150 ft. wide for a transmission line, but ensuring energy system reliability and sufficient energy the permitted route might be 1000 ft. wide. The route is supplies. larger than the ROW to provide flexibility in locating and constructing the energy facility. But the route is The land required for a specific energy facility may also specific — it identifies where the energy facility impact multiple landowners. In order to ensure that the must be placed, i.e. within the route. Thus, the route particular land and rights-of-way required for an energy provides flexibility and predictability; it specifies where facility can be obtained for a project, Minnesota law the energy facility must go and facilitates best placement gives utilities the power of eminent domain. Because of the facility within the route. the general public interest is enhanced by the addition of necessary energy facilities,the power of eminent domain Site permits: The PUC typically issues site permits for allows utilities to obtain property rights even if electric power plants and wind farms. A PUC site landowners are unwilling to negotiate right-of-way permit will specify the site of the energy facility, with agreements. Thus, Minnesota law gives utilities the limited flexibility for locating and constructing the power to acquire or "take" property interests (generally project. Eminent domain authority is not common for easements) by condemnation for constructing energy power plant sites,and is not available for wind farms. Rights-of-way The right-of-way(ROW) is the physical land area within outright (fee simple ownership). An outright land a route that is needed to construct and operate the energy purchase is less common because utilities seek only facility. A utility is interested in having rights to this enough land interests to build and safely operate the land area sufficient to meet these uses. These rights may facility, and fee simple ownership may not be necessary be obtained through one of two means: (1) purchase of to accomplish this goal. an easement for the ROW, or (2) purchase of the land 6.3.11 1 A ROW agreement is a private agreement between a does enforce the permits which it issues, including landowner and a utility. The PUC does not involve itself permit conditions related to design, construction, with negotiations between landowners and utilities and maintenance,and restoration within the ROW. has no authority over this process. However, the PUC Easements The most common form of right-of-way (ROW) include application of herbicides. Landowners with agreement is an easement, which is a legal interest in requirements for management of their land, e.g., organic real property that transfers a partial property right to the certification prohibiting the use of certain pesticides,can holder of the easement (e.g., from a landowner to a discuss these requirements during their easement utility). The easement agreement specifies restrictions negotiations with the utility or its agent. Utilities on both the utility's and the landowner's use of the land typically notify landowners before beginning and specifies the rights of the utility to enter and use the maintenance activities in the ROW; notification land. It is binding upon the utility, the landowner, and requirements may be part of the easement agreement. any future owners of the land unless and until the Some general conditions addressing the needs of easement is discharged. The easement will be recorded landowners may be included in the permit issued by the in the county in which it is located in the same manner PUC. In addition, the permitting process includes as other real estate transactions. preparation of an Agricultural Impact Mitigation Plan (AMP) by the Minnesota Department of Agriculture. Easement agreements allow only what is described by The AIMP may include provisions dealing with organic the terms of the easement—e.g., to "build and maintain farming as well as traditional agricultural uses. a 20 inch oil pipeline" or "build and maintain a 115 kilovolt (kV) transmission line." Easements last for as In some instances, utilities require additional space long as the utility uses and maintains the energy facility during construction of an energy facility. This in the ROW. If the utility abandons or removes the additional space is called"temporary work space"and is facility,the property interest transferred by the easement included in the ROW agreement, but is not part of the may return to the landowner(Minn. Stat. §117.225). permanent easement. As the name implies, this work space is temporary and is typically used to place Easements typically describe allowable uses and construction materials or provide operating room for restricted uses by the landowner. In general,the primary machinery, e.g., room to maneuver and operate a land use restrictions for transmission line ROWs include pipeline drill. Unlike an easement, the property interest tall trees and buildings; for pipeline ROWs they include in the temporary work space reverts back to the buildings,trees,shrubs,and brush. landowner upon completion of the described work. A description of temporary work space, its uses, and ROW maintenance typically includes removing trees and duration should be part of ROW negotiations. other vegetation as needed within the ROW, and may Negotiating Almost all parts of the ROW agreement are negotiable, (Minn. Stat. §117.031). whether it is the purchase of an easement or fee simple ownership. Landowners can negotiate terms in the Typically a utility real estate agent contacts a landowner ROW agreement that will avoid or reduce negative to purchase an easement for a specific parcel or strip of impacts to their property. They can negotiate land that is to be used for a ROW. The utility may offer compensation for the ROW. Utilities, in turn, have an a standard easement agreement and an amount of money obligation to negotiate terms that meet the needs of their it is willing to pay for the easement. The offer will proposed facility. A satisfactory ROW agreement is reflect the utility's assessment of the ROW's impact on likely best achieved if the landowner and the utility have the fair market value of the property. Typically a reasonable expectations and negotiate in good faith. landowner does not sign an easement agreement without first reading it, asking questions, and negotiating terms. Utilities have a statutory incentive to negotiate in good A landowner may wish to obtain an independent faith — if their last written offer to a landowner is appraisal of his or her land value, speak to other significantly different from the final judgment of an landowners about possible ROW agreements and eminent domain proceeding, the landowner can get conditions, or hire an attorney or other person to attorney fees and other reasonable costs reimbursed negotiate on the landowner's behalf. 6.3.11 2 • Easement and purchase agreements are legal documents negotiations, he or she may wish to consult an attorney and should, to the extent possible, include detailed and or "take a timeout" from negotiating until they get a precise language. In general, it is a good idea to include better understanding of the process. Generally, time in the easement agreement details about the ROW, its spent negotiating is time well spent — eminent domain uses, and parties' rights and responsibilities. Blanket proceedings can be time consuming and expensive. easements, i.e., easements that do not identify the exact location of the ROW, were common at one time in Ultimately, each ROW agreement is unique—reflecting Minnesota. More contemporary easements identify and the values and interests of the landowner and the utility. define the land area of the ROW. These interests typically are not mutually exclusive and a satisfactory ROW agreement can most often be If a landowner feels confused or overwhelmed during reached through negotiation. Determining Value A common point of negotiation in ROW agreements is determine if a ROW and associated energy facility will the amount of money that a landowner should receive affect the value of adjoining property, and if so,to what for the ROW, be it an easement or fee simple purchase. extent. Numerous studies have been conducted on this By law, landowners are due just compensation for their issue with varying results. Some general trends have property. Landowners often have questions regarding been revealed by these studies. First, when negative what values should be included in this compensation and impacts on property values occur due to establishment of how these values are calculated. a ROW,they tend to be in the range of a 1 to 10 percent reduction in value. Conversely, in some cases, the To begin with, the value of the land itself—the physical impacts can be positive. Second, negative impacts are length and width of the ROW—should be included. It is most often attributed to the unattractiveness of the possible to estimate the fair market value of this land energy facility, fear of potential health effects, noise with established appraisal methods. Fair market value is (during operation and maintenance, depending on the the amount a willing buyer would pay a willing seller, type of facility), and safety concerns. Third, the taking into consideration the highest and best use to presence of the ROW and energy facility is not the which the property can be put. Fair market value is primary determinant of property value. Neighborhood typically estimated in one of four ways: (1) comparing characteristics, lot size, schools, land characteristics,and the property to similar properties that have been sold improvements are all better predictors of property value. recently, (2) estimating the future income producing Fourth, the impact on property value from a ROW capability of the property, (3) estimating the cost to decreases the further away the property is from the replace an existing structure on the property, and (4) ROW. Thus, impacts are usually greater for smaller estimating the value of planned development on the properties than for larger properties. property. These methods are not conclusive but can be used to support or defend a particular value. Studies notwithstanding, every landowner has a unique relationship with his or her property and thus valuing If the utility is purchasing an easement, it is not impacts to property adjacent to a ROW can be purchasing all of the land rights associated with the challenging. If a landowner determines that he or she ROW. Thus, the utility may propose paying a cannot continue living on property with an energy percentage of the fair market value of the property. This facility ROW easement, the landowner can, with some percentage is a point of negotiation between the limitations, require that the utility purchase the landowner and utility. landowner's entire property in fee simple (Minn. Stat. §216E.12). Landowners can include damages as part of their compensation — e.g., crop damage or drain tile damage A value that generally is not included in ROW due to construction or maintenance of the energy facility. agreements is the value of the energy moving through Landowners can negotiate how this value is calculated. the energy facility(e.g.,transmission line,pipeline). In Landowners can also be compensated for loss of a going contrast,landowners with agreements to allow wind concern(Minn. Stat. §117.186). turbines to be placed on their property can receive payments that reflect the wind energy generated on their Another value that landowners may desire to include is property. In these cases,the wind farm developer is any change in the value of their property that is not in purchasing a property right that includes a known energy the ROW, but is adjacent to it. It may be difficult to source,the wind. ROW agreements for transmission 6.3.11 3 r• lines and pipelines do not anticipate drawing or creating speak of and no energy value appears in the ROW energy from the ROW;thus,there is no energy value to agreement. Eminent Domain "Eminent domain" is the power to take privately owned The utility begins a condemnation proceeding by filing a property, particularly land, and convert it to public use, petition with the appropriate District Court. Landowners subject to reasonable compensation for the taking. must receive notice of the petition (Minn. Stat. Despite good faith negotiations, it's possible that a §117.055). A landowner may object to the granting of landowner and utility will not reach agreement on the the petition and may appeal the issuance of a petition. If terms of a ROW agreement. Under these circumstances, the petition is granted, the property interest (i.e., once it obtains the necessary PUC permits,the utility has easement or fee simple ownership) is transferred to the the right to use eminent domain power to initiate utility, and the issue of compensation is taken up. The condemnation proceedings. However, until the utility Court must appoint three impartial commissioners for receives the necessary permits, it may not initiate such a the condemnation proceeding to ascertain the amount of proceeding. compensation due to the landowner for the taking of the property (Minn. Stat. §117.075). The commissioners Minnesota Statutes Chapter 117 (Minn. Stat. §117,titled have broad powers to hear and consider"allegations and "Eminent Domain") describes the procedures to be proofs of all persons interested" (Minn. Stat. §117.085). followed for condemnation proceedings in Minnesota. The commissioners' decision is considered final; The intent of Chapter 117 is to determine, through a fair however, landowners may appeal the decision and may process, what payment is due the landowner for the use request a jury trial. of his or her land. Chapter 117 provides protections for landowners. The utility must negotiate in good faith A landowner who chooses not to negotiate a ROW on with the landowner, and provide the landowner with a his or her property and instead requires the utility to use copy of an appraisal of the property before beginning a eminent domain power by initiating a condemnation condemnation proceeding (Minn. Stat. §117.036). The process, would likely benefit from legal counsel. landowner can obtain an appraisal and may be Condemnation proceedings can be time consuming and reimbursed, within statutory limits, for the reasonable expensive;however,some landowners may feel this time costs of this appraisal(Minn. Stat. §117.036). and expense is necessary and worthwhile. References and Resources • Minnesota Statutes,Law,and Rules,http://www.revisor.mn.gov/pubs/ • Minnesota Session Laws,2010,Chapter 288,https://www.revisor.mn.gov/laws/?id=288&doctype=Chapter&year=2010&type=0 • "Eminent Domain:Just Compensation,"Minnesota House of Representatives,House Research, http://www.house.leg.state.mn.us/hrd/pubs/ss/clssedj ust.htm • Resources on Minnesota Issues,Eminent Domain,Minnesota Legislative Reference Library, http://www.leg.state.mn.us/Irl/issues/eminentdo m a i n.asp • "Summary Guide to Eminent Domain,"Bruce D.Malkerson,Howard A.Roston,and Patrick B.Steinhoff(2006),available for purchase from Minnesota CLE,http://www.minncle.org • "Right-of-Way and Easements for Electric Facility Construction,"Public Service Commission of Wisconsin, http://psc.wi.gov/thelibrary/publ i cations/electric/electric02.pdf • "The Effects of Overhead Transmission Lines on Property Values:A Review and Analysis of the Literature,"Cynthia A.Kroll and Thomas Priestley,Edison Electric Institute(1992),http://staff.haas.berkelev.edu/kroll/pubs/tranline.pdf • "Do High Voltage Electric Transmission Lines Affect Property Value?,"Stanley W.Hamilton and Gregory M.Schwann,Land Economics,Vol.71,No.4(Nov., 1995),p.436-444 • "The Impact of Transmission Lines on Property Values:Coming to Terms with Stigma,"Peter Elliott,David Wadley,Property Management,20(2),(2002),p. 137-152. http://espace.library.uq.edu.au/eserv/UO:8095/dwpm 02.pdf • "Power Lines and Property Values Revisited,"Jennifer M.Pitts,Thomas O.Jackson,Appraisal Journal,Fall 2007, http://www.entrepreneur.com/tradejournal s/article/171851335.html Minnesota Department of Commerce,Energy Facility Permitting 85 7th Place East,Suite 500,Saint Paul,MN 55101,651.296.4026 http://energyfacilities.puc.state.mn.us 6.3.11 4