Tag Archives: Kayenta Mine

12/8/2011 Associated Press: EPA head says ruling on Ariz. coal plant complex

12/8/2011 Associated Press: EPA head says ruling on Ariz. coal plant complex By FELICIA FONSECA: FLAGSTAFF, Ariz.—The U.S. Environmental Protection Agency expects to make a decision on whether to mandate pollution controls for a coal-fired power plant on the Navajo reservation next spring.But with so many competing interests, regional administrator Jared Blumenfeld in the EPA’s San Francisco office admits the agency won’t satisfy them all, and the differences likely will have to be ironed out in court. “To say it’s complex would be an understatement,” he told The Associated Press in an interview Thursday.

The Navajo Generating Station near Page ensures water and power demands are met in major metropolitan areas and contributes significantly to the economies of the Navajo and Hopi tribes. Conservationists see it as a health and environmental hazard.

Blumenfeld said the EPA ultimately must decide what technology would best protect the air around the Grand Canyon and other pristine areas as part of its regional haze rule. Whether that means low nitrogen oxide burners already installed at the plant, more expensive scrubbers or something else won’t be disclosed until next year. The plant’s owners would have five years to comply once a final rule is issued.

“It is likely we will be scrutinized, so we are sticklers for following the rules,” he said.

The Navajo Generating Station is just one of three coal-fired power plants in the region that directly or indirectly affects the Navajo Nation. The EPA already has proposed pollution controls for the Four Corners Power Plant and the San Juan Generating Station in northwestern New Mexico, which are in clear view of one another. The latter is overseen by another EPA region.

The Department of Interior is conducting a study with a draft due out this month on the 2,250-megawatt Navajo Generating Station that will show just how vast the interests are in the plant that began producing electricity in 1974. The U.S. Bureau of Reclamation is the majority owner of the plant. It is run by the Salt River Project and fed by coal from Peabody Energy’s Kayenta Mine.

The regional haze rule allows the EPA to look at factors other than air quality and cost effectiveness in determining regulations for power plants. Navajo Generating Station provides energy to deliver water from the Colorado River to Tucson and Phoenix through a series of canals and fulfills water rights settlements reached with American Indian tribes.

Blumenfeld said the agency needs specific information on what tribes, like the Gila River Indian Community, would expect to pay for water if that power no longer was available, or the figures from the Navajo and Hopi tribes on revenue losses should the power plant cease operation. SRP has said it could be forced to shutter the plant if it doesn’t secure lease agreements or it cannot afford more the expensive pollution controls.

“Until we have the detailed information about what those impacts are, we can’t do very much with that,” Blumenfeld said.

His office also has been criticized by some Republican members of Congress for what they say are unnecessary regulations that are hurting local economies. Blumenfeld said while critics believe states can take over the EPA’s duties, his agency ensures consistency across the board.

“Ultimately it’s an example of common-sense standards of helping the American public have a healthy life,” he said. “We recognize that we also need energy, but I think they are not in conflict.”

Andy Bessler

Southwest Organizing Representative
Sierra Club’s Beyond Coal to Clean Energy & Community Partnerships
www.sierraclub.org/ej/partnerships/tribal
www.sierraclub.org/coal
andy.bessler@sierrraclub.org
P.O. Box 38 Flagstaff, AZ 86002
928-774-6103 voice
928-774-6138 fax
928-380-7808 cell

11/7/2011 Forgotten People MEDIA RELEASE: Peabody Kayenta mine permit renewal – Dooda (No)

Forgotten People MEDIA RELEASE: Peabody Kayenta mine permit renewal – Dooda (No): Black Mesa, AZ-On November 3, 2011, Forgotten People through their attorney Mick Harrison, Esq. with assistance from GreenFire Consulting Group, LLC joined Black Mesa Water Coalition, Diné C.A.R.E., To Nizhoni Ani, Center for Biological Diversity, and Sierra Club in submitting comments to oppose the U.S. Department of the Interior’s Office of Surface Mining (OSM) decision to approve a controversial mine permit renewal for Peabody Coal Company’s Kayenta mine.

OSM’s Environmental Assessment (EA) improperly discounts and ignores the substantial adverse impacts on the traditional Dine’ that result from Peabody’s mining activities including destruction of sacred sites and contamination of air and water and adverse health effects to humans and animals. Norris Nez (Hathalie) stated: “In Black Mesa area there were many key sites where offerings were given and Peabody has destroyed these sites. That is why the prayers or ceremonies that were conducted are lost. It is because the land is destroyed.” Glenna Begay stated: “To protect and preserve endangered historic, cultural and sacred sites in and adjacent to Peabody’s lease area, Forgotten People submitted ‘Homeland’, a GIS interactive mapping project that shows continuous occupancy since before the creation of the Navajo and Hopi Tribes and before the Long Walk to Fort Sumner in 1864.”

The EA does not address the severe impacts on the families to be (apparently forcibly and involuntarily) relocated. Glenna Begay stated: “How can the EA say the residents of the four occupied houses have not indicated that they have concerns about relocation and impacts on traditional cultural resources. Contrary to the EA some of the families who are to be relocated refuse. The families that objected to relocation should have been properly identified and quoted on their opposition in the EA.“ Norris Nez stated, “If more mining takes place, more people will be forced to relocate. Relocation is death to our people and our future.”

Experts have testified about relocation effects, like Dr. Thayer Scudder from Cal Tech University who says, relocation= death, i.e., that relocated people die. Yet there is no meaningful assessment in the EA of the real, huge and acknowledged effects of mining and subsequent relocation on the lives of the Forgotten People.

Peabody’s mining activities have contaminated the locally-owned water sources, and local water sources are capped, there is no water left to drink, and the Forgotten People are now dependent on the Peabody water supply. “The drinking water crisis is further exacerbated by the recent (September 2011) discovery of uranium and arsenic contaminated wells on the Hopi Partition Land (HPL),” stated Karyn Moskowitz, MBA of GreenFire Consulting Group, LLC.

John Benally, Big Mountain stated: “People living in the vicinity of Peabody do not have adequate water to drink, are hauling their water over great distances, and in some areas are drinking uranium and arsenic contaminated water. Peabody must return use of the wells that rely on the Navajo Aquifer to the Forgotten People so people within the western Navajo Nation do not have to drink contaminated water. Use of the Navajo Aquifer to support mining activities must stop.”

In the over 300 page EA, there is no mention of arsenic and no study of the impacts this contaminated water has had on residents and will have on the future of the Forgotten People. The discovery of these highly poisonous compounds in people’s drinking water should have immediately shut down any plans for continued mining in order to assess where the contamination is coming from and what the connection is between Peabody Coal’s mining and the discovery of this uranium and arsenic contamination. Yet the EA does not study the impact that this situation has on the Forgotten People. Clean water is a basic human right.

The EA mistakenly dismisses the removal of millions of tons of coal via surface mining as not significant in terms of minerals and geologic impacts including impacts on fossils. The EA also incorrectly dismisses the potential for material damage to the N aquifer from Peabody activities.

“The EA does not take the health and environmental threats from coal dust releases seriously and fails to assess or identify mitigation options for the significant adverse health effects reported by residents as a result of Peabody mining activities,” stated Christine Glaser, Ph.D. of GreenFire Consulting Group, LLC. The EA is defective because it does not include or recommend a real study of the cumulative, long-term health effects of this coal dust on the Forgotten People, including chronic illness and death from Black Lung disease.

Caroline Tohannie, Black Mesa stated: “The EA failed to address the real dangers of using an unpermitted railroad to transport coal from Kayenta mine to the Navajo Generating Station (NGS). Insufficient barrier arms and warning lights have already resulted in the death of people and livestock.”

Attorney Harrison stated: “The EA makes scientific conclusions contrary to prevailing science and contrary to the federal environmental agencies’ own stated positions and conclusions regarding climate change. The EA blatantly violates the National Environmental Policy Act (NEPA) by considering only the climate change impacts of the Peabody mining alone without assessing the cumulative impacts of coal mining and of the burning of the Peabody coal in the NGS together with burning of other coal in other coal fired power plants. Coal mining and coal combustion collectively have significant adverse impacts on climate change. Given the severity of the harm currently threatened from climate change, a full Environmental Impact Statement (EIS), not just an EA, is required.”

On January 5, 2010, Administrative Law Judge Robert Holt issued an order vacating Office of Surface Mining’s (OSM’s) approval of Peabody Coal Company’s proposed permit modification for a life-of-mine permit for the Black Mesa complex based on violations of NEPA. The Judge also found OSM failed to develop and consider reasonable alternatives to the proposed action.

The current OSM Environmental Assessment, Finding Of No Significant Impact, and Kayenta Mine permit renewal decision involve the same type of NEPA violation involving failure to identify, develop, and assess reasonable alternatives. Only two alternatives were developed: the mine alternative and the no mine alternative. Other alternatives could have and should have been assessed including no mining combined with development of alternative energy facilities such as solar and wind.

The Forgotten People hope OSM will consider all the comments received and make the right decision, which would be to deny renewal of the Kayenta Mine permit. Peabody Dooda (No). For further information, please contact Attorney Mick Harrison at (812) 361-6220 or Forgotten People at (928) 401-1777.

-End-

10/13/2011 Navajo Times: Sierra Club blasts feds for 'rubber-stamping' mine permits

10/13/2011 Navajo Times: Sierra Club blasts feds for ‘rubber-stamping’ mine permits By Cindy Yurth, Tséyi’ Bureau: A Sierra Club spokesman Tuesday blasted the U.S. Environmental Protection Agency and the Office of Surface Mining for “rubber-stamping” two permits for Peabody Western Coal Co.’s Kayenta Mine, saying they had not seriously considered the impacts on the environment and the community. The US EPA’s Environmental Appeals Board this week finalized a water discharge permit for the mine over the objections of the Sierra Club, the Navajo Nation and the Hopi Tribe, which claimed in an appeal that wastewater from the mine contains heavy metals that could end up in drinking and irrigation water.

EPA Water Permits Manager Dave Smith said the appellants did not present any evidence that the mine’s treated storm runoff, which is discharged into washes, is a threat to drinking water supplies.

The appellants are considering an appeal to U.S. Circuit Court.

And last month, OSM issued a “finding of no significant impact,” or FONSI, in renewing the company’s permit to continue mining at its Kayenta operation through 2015, meaning there is no need for a new environmental impact statement.

Public comment on the FONSI is being accepted through Oct. 22 and is supposed to be incorporated into the agency’s final record of decision on the permit.

Andy Bessler of the Sierra Club called the FONSI “administratively incomplete,” saying it is unsigned and does not include Peabody’s groundwater reclamation bond or hydrology reports.

The FONSI calls the mine’s impacts on the Navajo Aquifer water “negligible to minor,” and states “the N Aquifer drinking water use designation remains uncompromised.”

Bessler said OSM has ignored a recent report by University of Arizona scientist Daniel Higgins which contains data showing the mine’s use of water impacts some of the water sources around Black Mesa, where it is located.

The FONSI also finds no significant impact on local residents, despite the fact that four households would be displaced by new mining.

“Relocated residents are compensated for the replacement of all structures and for lost grazing acreage if the resident can establish a customary use area claim,” the agency reasoned.

“Ask them (the residents) if that’s significant,” Bessler retorted.

9/19/2011 Gallup Independent: Peabody seeks permit renewal for Kayenta Mine

9/19/2011 Gallup Independent: Peabody seeks permit renewal for Kayenta Mine By Kathy Helms, Dine Bureau: WINDOW ROCK – Peabody Western Coal Co. has filed an application with the Office of Surface Mining Reclamation and Enforcement to renew its permit for mining operations at Kayenta Mine through July 5, 2015. Peabody submitted an application to OSM to renew the permit in February 2010, and proposes to continue mining in coal resource areas N-9, J-19, and J-21 from July 6, 2010, through July 5, 2015. The proposed permit renewal does not include any revisions to the mining and operations plan or the addition of any new mining areas.

“The Kayenta Mine is moving through a routine five-year permit renewal process covering the mine plan, land restoration plan and other activities related to ongoing operations, which is consistent with current operations,” Beth Sutton, director of Corporate Communications for Peabody Energy, said.

OSM has prepared an environmental assessment to evaluate environmental effects from the permit renewal. Comments must be submitted by Oct. 22 to be considered.

The Kayenta Mine permit area is located on approximately 44,073 acres of land leased from the Navajo Nation and the Hopi Tribe. Peabody holds leases to mine up to 670 million tons of coal from reserves within the permit area. As of July 2010, 20,851 acres within the permit area had been disturbed.

Mining activities within the lease area would result in a moderate, short-term impact, according to OSM and would disturb 1,159 acres of land used for grazing and traditional land uses. However, the federal agency said reclamation of the disturbed areas would improve the productivity and quality of grazing lands.

“The mine has a record of good environmental compliance, and typically returns mined lands to a condition that is as much as 20 times more productive for rangeland than native areas,” Sutton said.

Within the J-21 coal resource area, four of the 83 occupied houses within the Kayenta Mine permit area would be relocated. Residents would be compensated for the replacement of all structures and for lost grazing acreage if they can establish a customary use area claim.

According to the Finding of No Significant Impact, Peabody has committed to replace three windmill wells that have or would be removed by mining. Any other water supply that could be adversely impacted by mining during the five-year permit term would be replaced.

Annual groundwater use for domestic and mine-related purposes from the Navajo aquifer would average 1,236 acre-feet per year, or 70 percent less than was used prior to 2006 when the coal slurry pipeline was operating.

Water quantity use impacts to the N-aquifer are expected to be negligible to minor, and no endangered or threatened species are expected to be directly affected because there is no predicted decrease of flows in seeps and springs associated with the N-aquifer, OSM said. Pumping has been primarily occurring within the confined part of the N-aquifer, and the agency said water levels are rising or are predicted to rise because less groundwater is being used since the coal slurry pipeline was discontinued.

The number of people employed at the Kayenta Mine will increase from 422 in 2010 to 432 in 2015. The average annual revenue paid to the tribes from 2005-2009 was $43.2 million, plus an additional average annual payment of $6.2 million to Navajo Tribal Utility Authority and scholarship funds, according to OSM. These revenues are expected to continue.

“Kayenta Mine is a powerful economic force in the region creating 400 jobs and nearly $370 million in direct and indirect economic benefits for regional communities,” Sutton said. “We look forward to an efficient and timely review as part of the customary stakeholder process.”

Kayenta Mine ships approximately 8 million tons of coal annually to Navajo Generating Station.

Information: http://www.wrcc.osmre.gov/Current_Initiatives/Kayenta_Mine/Renewal.shtm or (303) 293-5035. E-mail comments to kayentarenewalea@osmre.gov