Monday, November 7, 2011

Navajos: NO! to Peabody Kayenta Coal Mine Renewal on Black Mesa

Peabody blast and dust near residence
on Black Mesa. Photo Forgottten People.
Peabody Kayenta mine permit renewal – Dooda (No)
By FORGOTTEN PEOPLE
P.O. Box 1661, Tuba City, AZ 86045
http://www.forgottennavajopeople.org/
Posted at Censored News
 

BLACK MESA, Ariz. -- 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.

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