INTERNET--BIG MOUNTAIN - BLOCK PEABODY'S BLACK MESA MINE PERMIT:
Thank you for your assistance sending letters to OSM and the Navajo
Nation regarding Peabody's Kayenta mine permit. In response to letters
sent the public comment period for the Kayenta mine permit has been
extended until June 10, 1995. If you have not sent public comments yet,
please do. We need your help to ensure that Peabody operations are
brought into compliance with federal laws.
Peabody's Black Mesa mine has an administrative block brought by the
Hopi Tribal Council pending no further use of the Navajo aquifer.
Please help us ensure that no pipeline is created from Lake Powell
carrying contaminated water for us to use domestically, thereby
continuing illegal and environmentally hazardous pipeline operations
that will further contaminate our water sources. Please send your
public comments for Peabody's Black Mesa mine permit to the following
persons:
Rick Williamson, Office of Surface Mining
email rlwillia@osmre.gov
fax # 303/672-5641
and
President Albert Hale, The Navajo Nation
email navajonation@igc.apc.org
fax # 520/871-7909
RE: PEABODY'S BLACK MESA PERMIT APPLICATION
AND OFFICE OF SURFACE MINING ENFORCEMENT CONCERNS
Dear Sirs:
OSM must conduct an Environmental Impact Statement (EIS) of the whole
permitting process for the Black Mesa mine and enforce without
discrimination the Surface Mining Coal Reclamation Act, the Clean Water
Act, Safe Drinking Water Act, National Environmental Policy Act, and the
Clean Air Act. This is necessary to ensure the survival and well-being
of Dine' (Navajo) citizens living in the coal fields.
Water rights held by the Navajo Nation must be respected by Secretary
Babbitt and the Hopi Tribal Council. And what what is missing in the
water dialogue, is the basic question: Is the pipeline legal,
permitted, and was an Environmental Impact Statement (EIS) done? And
does continued use of this slurry pipeline endanger the public health
and health of the livestock Alternative non-aqueous based transportation
systems are available to slurry coal. And while we agree with the
reality of drawdown effects of the Navajo aquifer, with no ability to
recharge, we feel that any continued use of an aqueous based water
transportation system to slurry coal jeopardizes the survival of the
Dine' people. OSM must block and table any decision on Peabody's Black
Mesa mining permit until an alternative non-aqueous based transportation
system to slurry coal is implemented, remediation activities are
initiated, and all the necessary permits are in place.
OSM must investigate selenium, copper, and other toxic forming
substances for airborne and ground water contamination, and the
toxicological effects on vegetation, livestock and public health; as
well as an investigation of the inter-active toxicological effects of
selenium, copper and other heavy metals. A full geophysical study needs
to be done pertaining to possible contamination of regional aquifers and
water basins. OSM must also investigate surface and ground water drying
up and being polluted as a result of mining operations; including, but
not limited to: unlined water impoundments and sedimentation ponds,
topsoil removal and stockpiling, coal removal, and inadequate and
inappropriate contouring of restored areas.
In response to pressure by local residents, OSM conducted a water test
of the "Benally" spring, a tributary of the Moenkopi wash that confirmed
excessive amounts of lead, copper, and arsenic, and advised the
complianants not to have their livestock drink the water. We want to
ensure that OSM initiates a comprehensive investigation of water, plant
and soil contamination. And while a Lake Powell pipeline would give
another source of water for ensuring continuing Peabody operations, use
of any water source to slurry coal with continued pipeline operations
creates an environmentally hazardous situation to public health and the
livestock upon which local residents depend.
Plans for domestic use of water from the Lake Powell pipeline must be
blocked because Lake Powell is contaminated. A Safe Drinking Water Act
investigation must be conducted. When the city of Las Vegas tried to
obtain permission to use water from Lake Powell as a drinking water
source they were denied due to contamination. Is this really the source
of water you want your people to drink when we live above pristine water
in the Navajo aquifer? It does not make any sense to create yet another
pipeline, this time carrying contaminated water from Lake Powell for
domestic use. Why does an 18" slurry pipeline have more right to Safe
Drinking Water than the people and livestock? People have died in Lake
Powell and it is against Dine' beliefs to drink water in which people
have died. And discarded batteries, toilet bowls, bathtubs continually
dumped in Lake Powell has been featured on television news specials.
Both the Black Mesa and Kayenta mine are out of compliance, using
unlined coal piles. At the old Kayenta mine they are still using old
stock piles by the engineering buildings. And these storage piles hold
water from rain thereby causing toxic run off. We request 100%
containment of all unlined coal stock piles.And Rte. 41, Forest Lake
Road, all haul roads and public roads be investigated for contamination
from use of magnesium chloride as a dust suppressant. There is no data
on long term effects from use of magnesium chloride on the health of
people and animals.
OSM must investigate contaminated ponds and soil in the reclaimed areas
of Peabody Coal Company. We require proper stripping distances and top
soil storage. section 515 (b) (5) and (6) of the Surface Mining Coal
Reclamation Act of 1977 states: "That stockpiling of topsoil materials
for lengthy periods creates deterioration." We also refer to
non-enforcement of 25 CFR and 30 CFR strip mine regulations. Certain
medicinal plants found on ly on Black Mesa are being eradicated, thereby
destroying and endangering residents ability to conduct traditional
spiritual and healing ceremonies. And due to the physical changes of
the landscape into shadeless, shelterless rolling grasslands,
traditional land-use patterns have been disrupted, and inhospitable and
lifeless lands created.
Peabody never posted reclamation bond money and therefore no assurance
exists that when slurry pipeline operations cease that
reclamation/remediation activities will be conducted. Albuquerque OSM
Inspectors share our concerns. Leaks in the coal slurry pipeline is
causing contamination of the Moenkopi wash system. And with leaks known
here, we can only assume that there are leaks all along its 273 mile
journey. OSM does not have authority to permit what Congress never
intended to allow. According to 30 U.S. Code Section 1265 past use and
continued use of the coal slurry pipeline violates Congressional intent
- by depleting water from the aquifer and by having water come in
contact with coal. Peabody's Black Mesa mine is required to obtain
permits for access roads or other access ways; including use of an
unanticipated slurry line. And it remains the opinion of Albuquerque
OSM Inspectors that Peabody be required to obtain permits for the coal
slurry pipeline and railroad, and were ready to issue a cessation order
to Peabody, when higher officials in Washington, DC made this into a
political issue, local residents filed a case with the Interior Board of
Land Appeals (IBLA).
Peabody must stop stripping surface land 8-10 years beyond where current
mining activities are taking place, thereby destroying plants and
animals, sacred sites, and the livelihood of nearby residents. The
stockpiling of topsoil materials for lengthy periods has caused
deterioration, erosion and air pollution. OSM must investigate
illnesses in people and livestock caused by excessive coal dust and
demand Peabody relocate their air quality monitoring stations as
supported by EPA's Multi-Media/Multi-Agency Task Force.
OSM must require that Peabody stop blasting local residents' homes apart
and repair our homes as needed. As noted in 30 CFR 816.62, Federal law
requires mines to issue blasting alerts to citizens who live as far as a
half-mile beyond the permit area, the legal boundaries of the mine.
However, Peabody does not have to give warning unless residents live
within a half-mile of the spot where the explosives are detonated. The
law allows people alerted of a pending blast to request a company survey
of the state of their homes before hand. The results of the survey are
used to compare the condition of homes before and after to determine
whether or not blasting is harming them so that companies can alter
their practices or pay for repairs. However, residents living within
the mine's boundaries never got advance notice of a blast and have never
even heard of giving a warning or doing a survey. No pre-blast surveys
were ever conducted as a gauge for blasting damage on residents' homes
as required,and many homes have been damaged by blasting effects.
OSM has explicitly allowed Peabody to ignore protections for graves,
religious, cultural and archeological sites and requirements to minimize
land disturbance. The destruction of offering places and sacred sites
is a violation of the Navajo Grave Protection Act and the American Grave
Protection Act. Also OSM must stop Peabody from desecrating our human
remains, when they have repeatedly uncovered human remains during dozing
operations and advised employees to ignore this. Local residents demand
equal protection of their grave and ceremonial sites.
Local residents must be guaranteed protection so that they are not
forced to drink contaminated water, accept toxic contamination of their
land due to continued use of an illegal, unpermitted coal slurry
pipeline. We request that you work diligently and without
discrimination to honor your trust responsibility to Black Mesa area
residents as citizens living in the coal fields.
Thank you,
cc:Bob Uram, Director, Office of Surface Mining
email ruram@hdqgw.osmre.gov
fax # 202/219-3106
and
Bob Armstrong, Assistant Secretary
U.S. Department of the Interior
email batkinson@ios.doi.gov