Shirley talks to resisters
Sithe presents drill permits

By Kathy Helms
Dine Bureau

WINDOW ROCK — Navajo Nation President Joe Shirley Jr. visited Monday with visitors blockading access to the proposed Desert Rock Energy Facility in Nenahnezad Chapter and listened to their concerns.

Sithe Global Power LLC's Nathan Plagens, director of project development for the 1,500 megawatt coal-fired plant, said Monday evening that Sithe submitted copies of its permits to one of the resister groups per their request.

Sarah White, president of Dooda Desert Rock, said though President Shirley paid them a visit, his words were pretty much the same as on previous occasions and little, if anything, was accomplished.

The meeting ended as the sun began to disappear below the horizon. Sithe and others were told that, based on custom, it is not proper to discuss such matters after dark. Though they decided to meet again to continue the discussion, neither a date nor time were set.

Plagens submitted a permit from Navajo Department of Water Resources, Water Code Administration in Fort Defiance, showing that a water use permit, valid for monitoring well purposes only, was issued Oct. 11 to Desert Rock Energy Co. LLC.

The permit expires Oct. 11, 2007. Less than 50,000 gallons of water to be used for samples are expected to be withdrawn from the monitoring well to be located in Chaco Watershed.

Desert Rock Energy Co. agreed to pay $2.70 per 1,000 gallons. This will be invoiced based on truck tickets, transportation invoices, and meter readings, which will be submitted to the Water Code Administration each month.

More wells
The company agreed to obtain a water use permit for each place water is withdrawn and to notify the administration of any subcontractors it hires to haul water.

In the case of a tribal well, no more than two-thirds of the water in the water tank will be withdrawn. The water level must be allowed to return to the original level before further water can be removed.

Documents from Sithe include a water well drilling permit for Layne-Western of Aurora, Colo. The company proposed to start drilling Oct. 15 and be finished by Feb. 28, 2007.

The monitoring well is to be sunk into the earth at a depth of 6,000 feet and produce around 250 gallons per minute.

The company also received approval Oct. 11 for a test well to determine further test well development and a pump lot. Desert Rock was given permission in that permit, which also ends a year from Oct. 11, to use up to 500 gallons per minute.

Diversion of the water was expected to begin Oct. 15, with 6.48 million gallons anticipated to be pulled via a submersible pump. This water also is being sold at $2.70 per 1,000 gallons.

In an Aug. 11 letter to Allen Downer of the Navajo Historic Preservation Department, URS Corp., which reviewed the documents for the Bureau of Indian Affairs, found there would be no adverse effect on historical properties eligible for the National Register related to the geotech investigation and well drilling.

Same team?
URS, a leading U.S. federal government contractor, also was used to review and provide documents for the Black Mesa Project Draft Environmental Impact Statement. URS also was chosen by the San Antonio Water System to provide design work for the Carrizo Aquifer Storage and Recovery project in Texas, and in November 2003, received three financial assistance awards by U.S. Department of Energy to develop and demonstrate mercury control technologies for coal-fired electric power plants.

In September 2001, KPMG and URS completed an independent review of Texaco's greenhouse gas emission inventories. KPMG is the audit firm used by the Navajo Nation.

According to Sithe's permits, the geotechnical investigation involves drilling 62 bore holes at the proposed power plant site, about 200 to 300 feet deep.

Cultural sites
A Navajo Nation Archaeology Department identified 34 sites within the proposed power plant area, nine of which are eligible for the National Register. Six of the sites are within 330 feet of the proposed bore hole locations.

A 1970s Coal Gasification Project survey covered the access road through the BHP Navajo Coal Co. mine lease area in Area IV North. The Division of Conservation Archaeology recently re-evaluated the sites in that area and identified two sites along the proposed access road.

One site has both Archaic and Anasazi Pueblo ruins while another, circa-1900 to 1940, is believed to contain three possible burials. Also identified were a traditional Navajo nil'iz (offering area), cultural resources and two other burial sites, however, those were deemed far enough away not to be threatened by use or grading of the access road.

Sithe plans to drill both a test well and a monitoring well to gauge impact to neighboring wells from pumping of the Morrison Formation aquifer for the plant.

The wells would be about 100 to 200 feet apart within the proposed transmission line corridor east of the Chaco River and west of BHP Billiton's Navajo Mine lease area. An archaeological survey has been completed for a 500-foot-wide transmission line corridor where the wells would be drilled.

The wells would be accessed from a public road through the mine lease areas to Red Mesa Valley. Two archaeological sites, including an Anasazi field house dated between A.D. 950 and 1125, are known to exist.

On Aug. 23, URS notified Historic Preservation's Downer that Sithe was proposing to drill one additional test well and an additional monitoring well.

Navajo Nation Fish & Wildlife issued conditional approval and mitigation measures for drilling on Sept. 12 following a request by the Bureau of Indian Affairs for threatened and endangered species clearance.

The proposed area was found to be a potential habitat for the Golden eagle, Ferruginous hawk, burrowing owl, banner-tailed kangaroo rat and kitfox.

On Sept. 18, Sithe requested a categorical exclusion from BIA to drill the wells. BIA said that based on review of the document, "the proposed action qualifies as a categorical exclusion which is approved based on information provided in the letter."

The categorical exclusion and supporting documents (EA-06-167) are available for review at the BIA's Navajo Regional Office in Gallup.