Groups challenge OSM over BHP mine permits

A coalition of citizens groups are challening an Office of Surface Mining Reclamation and Enforcement decision to allow the expansion of BHP's Navajo Mine, which supplies coal to APS's Four Corners Power Plant near Waterflow, seen in this aerial photo. [Courtesy Photo]

By Kathy Helms
Diné Bureau

WINDOW ROCK — Diné Citizens Against Ruining our Environment and San Juan Citizens Alliance are challenging an Office of Surface Mining Reclamation and Enforcement decision to approve a mine expansion permit to BHP Navajo Coal Co. for the Navajo Mine.

Attorneys Brad A. Bartlett and Travis Stills of the Energy Minerals Law Center filed suit Friday in District Court in Durango, Colo., alleging that OSM and Al Klein, Western Regional Director, violated the National Environmental Policy Act and the Administrative Procedure Act by unlawfully issuing a mine permit renewal and mine permit revision to BHP.

Plaintiffs are asking the court to declare unlawful and set aside OSM's approval of the mine permit revision and to enjoin the implementation of OSM's approval of the revision authorizing expansion into Area IV North until the federal agency has complied with NEPA.

Navajo Mine lies within the Chaco River drainage and drains north into the San Juan River. The river would be the source of drinking water for eastern portions of the Navajo Nation, Window Rock, and the city of Gallup under a proposed Navajo Nation water rights settlement, which includes the Navajo-Gallup Water Supply Project.

Hard look?
OSM's office in Denver approved renewal of a federal permit to BHP in September 2004, authorizing BHP to conduct and expand mining operations on approximately 13,430 acres. Attorneys claim the renewal was issued without compliance with NEPA's requirement that federal approvals be given only after environmental review and documentation.

"Specifically, the mine permit renewal was categorically excluded from NEPA analysis and furtherenvironmental documentation," attorneys said.

In October 2005, OSM approved a permit revision for BHP, authorizing a 3,800 acre expansion of the Navajo Mine into an area administratively designated as Area IV North. The revision, which included a Finding of No Significant Impact and Environmental Assessment, were authorized in violation of NEPA's "hard look" requirements and without adequate public notice, attorneys allege.

Navajo Mine supplies coal to the Four Corners Power Plant operated by Arizona Public Service. Coal from the mine expansion area also would be used for the proposed Desert Rock Energy Project, a 1,500 megawatt coal-fired mine-to-mouth plant to be constructed in the Burnham/Nenahnezad area.

Waste Burial
The two mine permits authorize BHP to permanently dispose of Coal Combustion Waste from the Four Corners plant into the Navajo Mine, a practice known as "minefill." The waste consists of fly ash, scrubber sludge and bottom ash.

A 2006 report from the National Academy of Sciences states that Coal Combustion Waste, when used as minefill, is known to react with water. The resulting leachate can adversely affect human health and the environment. The waste is known to contain significant levels of the hazardous pollutants mercury, cadmium, and selenium.

According to the complaint, Coal Combustion Waste from the Four Corners plant is permanently disposed of in mined-out coal pits at Navajo Mine. The coal pits have no liner system in place and no downgradient groundwater monitoring wells, thus, impacts are not currently being monitored.

"Over 1.5 million tons per year of coal combustion waste from the power plant is backfilled into the Navajo Mine," said Mike Eisenfeld of the Citizens Alliance. "Despite legal requirements, OSM hasn't required protections for ground or surface water. It doesn't even require moni
toringeven though the mine is part of a major river drainage."

"OSM is creating a massive superfund legacy for the residents of the Four Corners. This is an irresponsible dumping practice and has to stop now," he said.

Relocation
OSM's permitting actions authorize BHP to relocate Navajos residing in the permitted areas. However, attorneys allege that OSM did not provide notice of its permitting decisions to residents living or grazing in those areas and, in fact, never contacted them.

"OSM's permitting actions will result in the permanent removal and relocation of Navajo Nation tribal members including elders," said Lori Goodman of Diné CARE. "The agency and BHP treat this area as if it is uninhabited. OSM must understand that community members live or graze livestock in these areas.

"OSM fails to recognize that this is our homeland. Many tribal members living in the mine area only speak Navajo, do not have phones, electricity or running water, and use the area for ceremonial and medicinal purposes.

"People have lived on this land for generations. Family members are buried on this land. OSM's failure to even contact impacted tribal members before making these permitting decisions is simply wrong," she said.

Black Clouds
The complaint states that blasting operations at the mine occur twice daily, generating significant dust emissions that extend beyond the permit area.

"These dust emissions often take the form gigantic black dust clouds. The blasting operations also generate massive ground tremors that can cause significant property damage," attorneys said, adding that OSM has not analyzed the impacts of the emissions, which are believed to contain mercury, selenium and radioactive isotopes such as uranium.

"The ceremonial plants are dying from the pollution which falls from the sky. Their roots are dead," according to Jim Mason, a Navajo medicine man depicted in the complaint.

"We no longer have the plants we need for ceremony," he said. "The blasting of Mother Earth for the strip mine shakes the ground I stand on every day. The walls of my hogan suffer great cracks caused by the blasting. My sheep can no longer drink the water."