OSM: Black Mesa ruling won’t affect water use

Copyright © 2008
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — The Office of Surface Mining says a pending decision on the Black Mesa Complex will have no effect on water use or coal production at areas authorized for mining.

In a letter sent to Hopi Tribal Chairman Ben Nuvamsa the day after he, Navajo and Hopi tribal members and Black Mesa Water Coalition met with representatives of the federal agency in Denver, Brent Wahlquist, director of the agency, stated that use of Navajo-aquifer water associated with the Kayenta portion of the mining complex which supplies coal to Navajo Generating Station was approved in 1990 as part of issuing a permit for that portion of the mine.

The Black Mesa portion of the mining complex has been regulated since 1978 under the Surface Mining Control and Reclamation Act of 1977.

The pending permit revision would merely apply more stringent permanent regulatory requirements to the expanded permit area, which would coincide with the lease boundary and coal reserves that Navajo and Hopi leased to Peabody, Wahlquist said. The company sought its initial application in 1985.

“The permit revision does not include any new mining and reclamation plans for remaining reserves within the Black Mesa portion of the mining complex. Before Peabody could mine those reserves, it would have to submit a permit revision application modifying its mining and reclamation plan to include those areas,” he said, and the Hopi Tribe would have an opportunity to review it.

“Peabody has adequate dedicated reserves on the already permitted Kayenta portion of the mine to meet coal supply obligations to the Navajo Generating Station through 2026 and would not have to increase its current coal production.”

Existing support facilities at Black Mesa have been operating since 1970. The 1977 surface mining act requires that all support facilities be permitted and bonded. Wahlquist said Peabody applied for a permit in 1985, however, most of the facilities are located on Black Mesa and were not included within the boundary of the permit issued in 1990 for the Kayenta.

The portion of the application that includes those facilities has now been pending more than 23 years. If approved, Peabody will be required to post bond to assure that all facilities are removed when mining concludes and that all disturbed areas are reclaimed.

Secretary Manuel Lujan postponed issuing a permit in 1990 after Navajo and Hopi expressed concerns regarding use of N-aquifer water to slurry coal to Mohave Generating Station in Laughlin, Nev.

In a July 5, 1990, letter, Lujan said both the tribes and the Environmental Protection Agency asked the Office of Surface Mining to postpone its decision pending the gathering of additional information concerning impacts on the N-aquifer and a study of alternatives to the use of a slurry pipeline to transport coal.

In addition, water studies mandated by the coal lease agreements between the tribes and Peabody had not been completed, Wahlquist said.

Using N-aquifer water to slurry coal became a moot point after Mohave closed in December 2005 and Peabody notified the agency earlier this year that there was no longer a proponent for reopening Mohave or rebuilding the slurry line. Peabody modified its pending permit application and in response, the federal agency reopened the comment period on the Draft Environmental Impact Statement for the Black Mesa Complex.

The preferred alternative, Alternative B, does not include the use of water to slurry coal to Mohave. The federal agency is expected to issue a record of decision on Monday.