Hyperion may make zoning proposal Tuesday

Opponents say they would refer any change to a public vote

By Michele Linck Journal staff writer | Posted: Saturday, December 01, 2007

ELK POINT, S.D. -- Hyperion Resources will ask the Union County commissioners on Tuesday to rezone more than 10,000 acres of land in the southern part of the county as a site for its proposed $8 billion oil refinery/green energy center, a company official said late Friday.

And it will go to the voters for their approval. "In the spirit of our corporate dedication to transparency, we think it is only responsible for us to encourage the residents of the county to make this decision," project executive Preston Phillips said in a statement.

Hyperion already has the 11:30 a.m. spot on the agenda for Tuesday's county Board of Commissioners meeting.

"This is an important step in the site-selection process, for both us and the community," Phillips noted. He said the company will file its plans with the county after it presents them to the commissioners.

"One of our goals from the beginning for each of the sites we're considering is to secure not only enough land to build the energy center," Phillips said, "but also enough ground to have a substantial buffer zone around the facilities." The company maintains that it is pursuing at least two other, undisclosed, Midwestern sites for the refinery.

Hyperion said it will seek to change the Union County land's zoning from agricultural to a planned development district.

Union County Land Use Administrator Dennis Henze said that under that zoning, the company itself could set different zoning designations for different uses within the district's boundaries. He said it would be akin to, but not the same as, Dakota Dunes' community improvement district status.

Planned development district zoning is for large-scale developments and allows large tracts of land to be developed for a variety of integrated uses.

The Dallas company has been acquiring land-purchase options in the area north of Elk Point for more than 18 months, long before it disclosed its identity to the public in June. Once residents knew of the plans for a 400,000 barrel-a-day oil refinery, at least one citizens group formed to oppose it, while area leaders and at least one citizens group formed to support it.

The Hyperion Energy Center has been endorsed by the Elk Point City Council, Vermillion Chamber of Commerce and the North Sioux City Economic Development Corp., in addition to the Elk Point Economic Development Corp., which privately aided its initial site selection and land acquisition.

The Hyperion Energy Center would refine 400,000 barrels of Canadian tar sands oil every day, making it among the country's largest refineries.

Henze said he hasn't seen an application from the company yet. Zoning matters typically begin with an application filed with his office, then proceed to the advisory zoning commission for a recommendation before going to the county Board of Commissioners.

Several Hyperion officials and the state's secretary of economic development, Richard Benda, met Thursday in Elk Point with about 50 members of the county's township boards. They answered questions about water, runoff, roads and other concerns, according to Wayne Heckathorn, a supervisor on the Brule Township Board, who attended the session.

By law, any zoning change would go into effect 20 days after being approved by the county Board of Commissioners. Normally opponents -- but in this case the company -- would have those 20 days to gather the signatures needed to put the matter to a public vote.

The referendum then would have to be held within 60 days, or within 90 days if another election was already planned within that time.

Story Comments

Manny wrote on Dec 5, 2007 11:20 PM:

" Guess what, I can't even guess what you're trying to say. Are all of our children currently only working at McDonalds and the Dollar Store? I grew up here and don't know anyone who is doing that. The vast majority go on to college and work in a wide variety of fields, making good money. Do you think if this refinery comes, we'll close our schools and send our kids to some fast food boot camp? I also don't remember ever hearing that "refinery worker" was one of the dream jobs in the united states. Hopefully you're being sarcastic. If so, next time write in italics. "

Guess What wrote on Dec 5, 2007 12:46 PM:

" I guess that all in favor, of the Refinery will be proud that there children and their children's, children will grow up and get a job at the Refinery. Those that get a job there are staying 20 years till they retire, and the rest of the kids can work at Mc Donalds and the Dollar store, till they retire. "

Manny wrote on Dec 4, 2007 5:48 PM:

" Tim H,it would appear you have bought into the "We're Hyperion, and we're only here to help you and make your miserable lives wonderful" reports. With this new technology, there will still be literally tons of pollution that aren't here now. Also, accidents will happen that will effect air, ground, and water. Nothing is perfect, and these people have no track record doing this. Why more crime? Doubling or more the population of a town will create more crime. FYI, construction workers do commit crimes. Having 4500-10000 temporary construction workers will add a lot more crime and drugs for at least 4 years. You've also bought into the "high paying jobs" line. There will be some, but there will be a lot of lower paying labor jobs. Those moving to town for minimum wage jobs created to cater to all the new "residents", will also add to the increased crime rate. Larger doesn't mean better when it comes to towns. If that was true, Mexico City would be Heaven on Earth. We live here because of the size and quality of this town. "

Tim H wrote on Dec 4, 2007 12:30 PM:

" Manny, it would appear you have bought into the "doom and gloom and scare" reports hook, line, and sinker! With this type of new technology the air, ground, and water will not be affected� and why do you think there will be more crime? This plant will create nothing but high paying jobs... not the kind of pay a person would jeopardize by going out and committing crime. And yes, the community you have chosen to live in will change� it will grow and expand and become an even better place to live� why would you not want that? It sounds like many of you naysayers just fear change. Remember, there is nothing to fear but fear itself. "

Manny wrote on Dec 3, 2007 8:59 PM:

" Formerly, you say we live boring ho-hum lives. I think we live very good lives. To just "give it a chance" would be ridiculous. We know that it would completely blow up the positive, growing community and county we have right now. If we gave this a chance, and it was what we feel it will be, then it's too late. That doesn't make any sense. If someone wanted to put a "state-of-the-art" packing plant in Dakota Dunes, should they just "give it a chance"? If someone wanted to put a nuclear waste dump in the middle of Sioux Falls, should they just "give it a chance" because it would bring some jobs and change their "boring" lives? No one has ever given me a good reason why myself, family, friends, and neighbors should accept tons more pollution, more crime, and the complete change of the communities we have chosen to live in. Why should we sacrifice our quality of life so Hyperion can make billions of dollars? "