The meeting was cordial but not overly friendly when Riley Gibson of Summitt Carbon Solutions provided an update of that company’s proposed Phase 2 of a carbon dioxide pipeline from Grand Junction southeast to Coon Rapids. Gibson was on the agenda at the supervisors Feb. 3 meeting.
Board chair John Muir came prepared with questions about determination of main line routes, Summit’s understanding of waterways and wetlands, the depth of cover on ag lands, and drainage tiles. “We want to have a voice,” Muir told Gibson.
County attorney Thomas Laehn questioned Gibson about Summit’s intentions regarding a conditional use permit from the zoning board, although he admitted state laws would take precedence over county regulations.
“We want to work with you,” Laehn said. “I agree that the conditional use permitting process could not block something the state has already approved, but if we can go through that process with the understanding that we’d like to reach an agreement, that’s the direction we’d like to go,” Laehn said.
“It puts us in a pickle if we’re not willing to at least explore that avenue (a conditional use permit) and look into every possible way we can comply with county regulations,” Gibson answered.
He also said the company would be willing to submit a permit package for each drainage crossing and would agree to county road use policies.
Most of the discussion was over Summit’s proposed Phase Two project, but Gibson also mentioned Phase One, which covers about 10 miles in the county north of Hwy 30. He said the company is still without easements for four parcels along the route, but the company is holding off on pursuing those until South Dakota and North Dakota approve the proposed routes in those states.
About Phase 2, Gibson said the proposed corridor is wide, with four parcels that would work on either side of the proposed route. “We want to find people who want the pipeline and go from there,” Gibson said.
He said all property owners that could be involved have been notified and were invited to the Iowa Utilities Commission public information meetings held last summer.
Muir asked if Summit is considering using eminent domain for the project. Gibson answered that Summit could use eminent domain, but the company is “still committed to negotiating. Eminent domain isn’t good for anybody. We don’t want to cross that bridge.”
Negotiation easements for Phase Two will not begin until Phase One is approved, Gibson said. A decision about Phase One may not be made until next November.
Gibson mentioned the new Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations that were released Jan. 15. He said they need to be the Federal Register and that under usual circumstances, comments would be open for 60 days. However, President Trump froze the Federal Register after taking office. He said he’s unsure what happens next for those regulations.
In related news, Laehn drafted a bill, SF 92, that Sen. Jesse Green introduced a week ago. The bill, if approved, would prevent the Iowa Utilities Commission from granting eminent domain on agricultural land for carbon dioxide pipelines. It would not affect the use of eminent domain for oil or gas pipelines.
