Alcester Union & Hudsonite Online

Public hearing scheduled for Hyperion rezoning application
By Paul Buum, Editor/Publisher
ELK POINT – The Union County Planning and Zoning Commission has scheduled a Public Hearing on Hyperion Energy’s application to rezone 3,882 acres of land from agricultural to a planned development for the construction of their proposed energy center in west-central Union County. The hearing is set for Wednesday, January 16 at 7:00 p.m. in the Elk Point-Jefferson High School gymnasium.
The format for the hearing has yet to be determined, but may be conducted with a moderator or a judge. The formal rules and agenda for the hearing will be published in the January 10 edition of the Alcester Union & Hudsonite.
The hearing will be conducted for the purpose of considering and hearing testimony as to the rezoning of agricultural land to a proposed planned development involving a refinery, an integrated gasification combined cycle facility to supply most on-site electric power requirements, and related office, industrial, temporary residential housing and other uses.
On December 6 Hyperion Energy officials filed a 193-page rezoning application with Union County Land Use Administrator Dennis Henze. At that meeting opponents of the proposed energy center asked the zoning commission to reject the application, claiming it was both incomplete and inaccurate.
Sioux Falls attorney James Abourezk, representing the Save Union County Committee, a group opposed to the project, presented the commission with a list of 20 questions the committee would like answered. Commission members and Henze declined to answer the questions until they could consult with Union County State’s Attorney Jerry Miller, but said they would listen to their questions.
The rezoning application asks for two separate parcels; an Industrial Zone, which will house the refinery, power plant, and other structures directly associated with the refinery, and an Industrial Transition Zone surrounding the facility.
“The Industrial Transition Zone around the refinery is set up for other companies that could come in and build to support the refinery,” said Beresford attorney Tom Frieberg, who is representing Hyperion. “For instance, if a company that sells pipe fittings or pumps wanted to build a warehouse in the Transition Zone to support the refinery they could, as long as they fall within the building requirements for that zone.”
Frieberg noted that the “open air” stipulations in the rezoning applications state that the Industrial Zone must be no less than 60% open air, and that the Industrial Transition Zone must be no less than 80% open air.
“This energy center is going to be very large, but it’s not like every square inch of it is going to be covered by a building,” Frieberg said. “With the 60% open air requirement it means that no more than 40% of the land area will have structures on it. The Industrial Transition Zone will have no more than 20% of it covered by structures.”
On December 20 Hyperion officials filed a 613-page air permit application with the South Dakota Department of Environment and Natural Resources (DENR).
“Protecting air quality is paramount, and the air permit is one of several important permits we must receive before we can begin construction on the Hyperion Energy Center,” said Project Executive Corky Frank. “This is a major milestone for this project.”
Hyperion posted a copy of the application on its website (www.hyperionec.com).
“We think it’s important that the public be able to review our application.” Frank said. He also noted the application will be thoroughly examined by the experts at DENR, and that in South Dakota the application will undergo a public hearing and public comment period.
“We look forward to that scrutiny,” Frank said. “It will ensure the public interest in air quality is truly protected and respected.”
Hyperion employees are expected to move into a recently renovated office building in downtown Elk Point next week. The office will have at least one full-time employee with other workers added as the project progresses. The office will also contain information kiosks, a reception area and conference rooms.

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