GTL Energy USA Ltd., filed for a zoning ordinance change on Tuesday, the same day the Stark County Commission voted unanimously to change the wording of the current zoning ordinance.
GTL, an Australian-born coal technology company, plans to open a beneficiation plant near South Heart, 13 miles west of Dickinson. The plant's purpose would be to extract impurities and water in coal, thus boosting its energy output and creating a cleaner burn.
On July 22, Judge Zane Anderson ruled the previous paperwork filed for a zoning change permit, from agricultural to industrial, did not satisfy all requirements of the county ordinance. Anderson then nullified the previous decision.
The newly adopted wording of the zoning ordinance does not require signatures from all landowners within 200 feet, but rather has moved to a notification format.
Since the zoning ordinance's change in wording, GTL has reapplied for the zoning change.
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A public hearing regarding GTL's zoning change request will be held Oct. 5 at 4 p.m.
GTL's construction had been questioned by both Derrick Braaten, Bismarck-based attorney for the Dakota Resource Council, a grassroots activist organization as well as several surrounding landowners since Anderson had nullified the zoning change.
On Aug. 24, Braaten requested Stark County State's Attorney Tom Henning send a letter to GTL, requesting construction cease immediately as the proper zoning permits had been vacated by Anderson.
Mike Maus, GTL's Dickinson-based attorney, said Henning's letter directed GTL to conduct no operations on the property until the zoning change and variance is granted.
"Operations do not include construction," Maus said.
Robert French, CEO of GTL, confirmed the letter did not instruct the company to halt construction.
"We are not going into operations (currently)," French said. "There is a difference between operations and construction. We are still proceeding."
Henning did not return phone calls for comment Tuesday afternoon and refused phone calls for comment Wednesday afternoon.
