South Heart Power Project
From SourceWatch
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South Heart Coal (SHC) is a subsidiary of Great Northern Power Development (GNPD), which is affiliated with Great Northern Properties, the nation’s largest private coal reserve holder. SHC filed for a North Dakota air permit on August 18, 2005.[1] In August 2007, GNPD withdrew its air quality permit application; however, SHC also considered submitting a proposal to build an IGCC plant in the same location.[2] The project would be 30 miles west of the Theodore Roosevelt National Park, and the Class I air status of the park make this location problematic.[3]
In January 2008, Great Northern Power Development and South Heart Coal announced their intent to move forward with a $1.4 billion proposal for a coal-to-gas plant and coal mine at the same site. If the new proposal is approved, construction should begin in December 2009, and the plant will be operational in 2012.[4]
On April 1, 2008, Stark County gave Great Northern Power Development (GNPD) a mining permit April 1 based on a two line application. In response, Dakota Resource Council and Plains Justice submitted the notice of appeal to Stark County District Court on April 28. The appeal argued that the county decision did not reference Stark County's Comprehensive Plan and therefore was arbitrary and capricious.[5]
In April, 2008, GTL Energy of Australia announced that it intended to build a coal drying plant at the South Heart location. The North Dakota Public Service Commission denied that they had jurisdiction over permitting the plant even though both state and federal code refer to drying plants as "coal preparation plants," which must be permitted under the Surface Mining Control and Reclamation Act (SMCRA).
On September 30, 2008, local landowners and Dakota Resource Council filed a second appeal of the Stark County Commission’s attempt to amend the Stark County Zoning Ordinance and allow Australia-based GTL Energy to zone industrial for a coal beneficiation plant.
"According to the North Dakota Century Code, § 11-33-03, zoning decisions must be made in accordance with the objectives in the Stark County comprehensive plan," said Derrick Braaten, attorney for DRC. A specific policy in the Plan is to promote "the ideal of the family farm and support establishment and continuation of adequate farm programs." The plan also states that the county should "strive to protect the agricultural integrity of the rural areas," to "avoid conflicts between land uses," and to maintain the county’s "clean and favorable environment."
On October 3, 2008, DRC asked the federal government to stop construction of a coal drying plant near South Heart until the plant is incorporated into a mining permit. The complaint to the Office of Surface Mining (OSM) states, "DRC believes the findings of the PSC are in error and contrary to plainly stated law and OSM regulations." It further states that, "this warrants immediate OSM review and intervention," and asks for immediate action by the OSM to halt imminent construction of the GTL Energy facility.
GTL Energy began construction of the coal drying plant the week of October 6, 2008.
Houston-based Great Northern Power Development submitted its coal mining permit application to the N.D. Public Service Commission earlier this fall. Great Northern is asking permission from the PSC to open a 300 acre mine near the GTL Energy coal beneficiation facility. The permit application was deemed incomplete in mid-November.
An initial review of the application shows that Great Northern had many items that it needed to address. Some of these items are the inability to access surface use and lease agreements and hydrological testing files.
In January 2009, Dakota Resource Council and local landowners filed a complaint with the North Dakota PSC challenging the South Heart Power Project. The complaint requested that the Dakota PSC require a surface mining permit for the plant, require operating and reclamation standards, and hold a public hearing. Oral arguments in the lawsuit were scheduled for July 13, 2009.[4]
In late April 2009, the state Department of Health conducted a public hearing to discuss the proposed construction permit for South Heart's coal prep plant. The majority of those who attended were opposed to the plant. South Heart had already begun building the plant, even without a final construction permit.[4]
On July 22, Judge Zane Anderson ruled in favor of Dakota Resource Council and five area landowners who appealed Stark County's approval of a land use change from agricultural to industrial use. This change would have allowed the area directly southwest of South Heart, N.D. to become an industrial area hence allowing a mine and for coal gasification and beneficiation plants. [6]
The decision by Judge Anderson states: "The requirement of written findings upon which the decision is based, is no doubt, intended to be an idle exercise," referring to the fact that the county's zoning ordinance is clear that zoning changes such as these must have a preparation of written findings, something that the Stark County Commission and its zoning board failed to do.
It also states that: "The question is whether the owners of all properties within 200 feet of the property that is the subject of the request for a zoning change must approve before any amendment to the ordinance can be granted. The county commission argues that if necessary consents were not obtained, that such an omission does not prevent approval of a zoning amendment. The county commission suggests that requirement is intended to insure that adequate notice is given and provide a straw poll of how affected landowners view the proposal."
Judge Anderson's ruling reverses and vacates the commissions zoning change because the applicant failed to get the permission of the area landowners within 200 feet of the boundary of the project.
Rushing to the rescue of the coal projects interests a zoning hearing to change the ordinance was held on August 17 with both coalies and its opponents speaking on the change. The change would eliminate the need to get permission from nearby landowners prior to changing an agricultural area to an industrial area. [7]
The zoning board refused to allow an amendment to the proposed change offered by Dakota Resource Council and its allies that would allow a zoning change to occur if 60% of the landowners within 200 feet agree. The board allowed the change to the ordinance language setting up a September 1, 2009 Stark County Commission meeting for final approval. [8]
On August 1, 2009, The Dickinson Press reported that South Heart had altered its proposal, changing its plan for a coal gasification plant back to electrical generation. Developers hope to begin construction on the plant, estimated to cost $1 billion, in 2011. Great Northern is applying for funding from the U.S. Department of Energy.[9]
Before the echos from the September Stark County Commission's aye votes had dispersed from the halls of the court house, GTL Energy applied for a new zoning change using the new ordinance that does not require the signatures of adjoining landowners. The commission voted for the change to the ordinance and before the resolution was published in the paper the zoning change application was given to the zoning director. An October 5 hearing is set regarding the zoning change. At this time there is no pending application for Great Northern's mine and coal plant zoning change.
There is still a case pending with the North Dakota Public Service Commission regarding GTL's lack of a mining permit as required by the Surface Mining Control and Reclamation Act (SMCRA). The attorney's involved in this case are still in the process of filing briefs. Attorney's for Dakota Resource Council are opposing GTL's motion to dismiss. No decision has been made by the PSC on these motions.
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Project Details
Sponsor: South Heart Coal (Great Northern Power Development)
Location: Stark County, ND
Type: Coal-to-gas
Capacity:
Status: Original proposal (electrical generation) canceled; new proposal (coal-to-gas) changed back to electrical generation
Financing
Citizen Groups
- Dakota Resource Council, Cindy Klein, cindy [at] drcinfo.com
Resources
References
- ↑ "Where are the 150+ planned new U.S. coal plants?", Rising Tide North America, February 15, 2007.
- ↑ South Heart on Life Support", Dakota Counsel, August 2007. (Pdf)
- ↑ "Proposed Plant at South Heart in Clean Air 'Margin'", Bismarck Tribune, September 10, 2005.
- ↑ 4.0 4.1 4.2 "Stopping the Coal Rush", Sierra Club, accessed December 2007. (This is a Sierra Club list of new coal plant proposals.)
- ↑ "South Heart Under Appeal," Dakota Counsel, April 2008
- ↑ [http://www.kxmb.com/t/stark-county-nd/410282.asp
- ↑ [1] KFYR TV, August 19, 2009
- ↑ [2] "Zoning approves word change," The Dickinson Press, (viewing of this article requires subscription fee) August 17, 2009
- ↑ "South Heart coal gasification — coal on the wires,"nocapx2020 August 1, 2009
Related SourceWatch Articles
External links
- "Tracking New Coal-Fired Power Plants", National Energy Technology Lab, May 1, 2007, page 17. (Pdf)
In the news
- [3] "Delay in coal permit", November 15, 2008 The Bismarck Tribine
- [4] "Agency wants more details on South Heart coal mine", November 15, 2008, The Bismarck Tribune
- [5] "South Heart coal plant not affected by EPA ruling" Nov 15, 2008 - The Bismarck Tribune
- [6] "South Heart landowners file complaint" Jan 23, 2009 - The Bismarck Tribune
- [7] "PSC accepts complaint against plant" Feb 12, 2009 - Associated Press-The Bismarck Tribune
- [8] "Coal-drying plant complaint accepted" Feb 13, 2009-The Bismarck Tribune
- [9] " Company drops mine permit request" Mar 26, 2009 - The Bismarck Tribune
- [10] " Mining story clarified" Apr 01, 2009 - The Bismarck Tribune
- [11] "Ruling halts coaldrying plant" KXMB TV July 23, 2009
- [12] "Zoning change eyed after N.D. coal projects blocked" The Bismarck Tribune, August 6, 2009
- [13] "Zoning change eyed after ND coal projects blocked" The Daily Independent, August 6, 2009
- [14]"Zoning rule change approved for coal plant area"8/19/2009 KFYR TV News
- [15] "Coal plant reapplies for zoning permit" The Bismarck Tribune, September 4, 2009
