Forgotten People

Mary Lane, President

P.O. Box 539, Tonalea, AZ 86044
(928) 864-6413 & (928) 660-9588
Forgottenpeoplecdc@gmail.com
www.forgottennavajopeople.org

November 29, 2016

SUBMITTED VIA EMAIL TO: NGSKMC-EIS@usbr.gov

Attention: NGS-KMC Project Manager, PX-1500
Bureau of Reclamation, Phoenix Area Office
6150 West Thunderbird Road
Glendale, AZ 85306-4001

Forgotten People Comments Re: NGS-KMR Project FOR THE RECORD

Forgotten People herewith submits for the Record, comments opposing the NGS-KMC Project.
Forgotten People urges the Bureau of Reclamation to implement a No mining alternative. We,
the directly affected Dine (Navajo) people believe that promises of substantial revenues from
leases and coal royalties which support the Navajo and Hopi governments have historically
adversely affected people living in and adjacent to Peabodys Black Mesa and Kayenta mining
permit area and the NGS facility in Page, AZ.

Forgotten People is an organization whose members include traditional Navajo residents of

Black Mesa and surrounding areas, and include individuals who support the traditional Navajo
residents. Forgotten People is opposed to any expansion or renewal of permits for coal mining
because the mining has required and continues to require the involuntary relocation of traditional
Navajo residents; has resulted in the destruction of sacred, historic and cultural sites; has been
very harmful to the local environment including the availability of clean air and water and
significantly exacerbates an already potentially catastrophic global climate change crisis; and has
been harmful to the health of residents.

1. Solar and Wind Power Transition

The sole industrial purchaser of coal from the Kayenta mine is the Navajo Generating
Station (NGS). The Navajo Generating Station faces serious obstacles to its continued viability

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as a major source of energy for the Central Arizona Project (CAP), the major stakeholder and
purchaser of energy, and for other utilities in Arizona, California and Nevada. These obstacles
include changes due to climate and water use that are significantly depleting Lake Powell, and
increased costs of environmental compliance to protect the health and welfare of local residents
and the air quality of the region. In fact, the National Renewable Energy Laboratory (NREL) is
already undertaking a major review of alternatives to NGS under the auspices of the Department
of Interior and has issued a report on solar and wind that needs to be reviewed as part of the
DRAFT EIS review.

Navajo citizens and Peabody are important stakeholders among a large complex of
Stakeholders with a major interest in Black Mesa and Kayenta coal. Others include the Navajo
Nation as leaseholder and recipient of royalties, Peabody employees who earn their living from
mining, Navajo Generating Station and the different entities it serves, and the Hopi tribe.

We believe a just transition must be made from coal mining to a large scale solar (and possibly
wind) energy project involving Peabody will have to bring together these different stakeholders
to plan for a smooth transition that respects these different interests. In order to get such a
transition moving, we suggest that Peabody participate in and fund a feasibility study that
considers wind and solar generation in mined and un-mined areas of the Peabody lease area on
Black Mesa and Kayenta mines, and possibly at other sites within the Navajo Nation, and
involves the different stakeholders mentioned above. The goal of that study would be to outline a
transition to solar and wind that satisfies these different interests, identifies possible obstacles
and develops ways to address them, and provides a detailed estimate of costs involved, and ways
to finance the transition (either on an expedited basis during the permit renewal period or as a
planned facilitated transition at the end of the permit renewal period).

2. Air Quality and Health Effects

Forgotten People has received reports and declarations from residents that mining at
Kayenta has resulted in substantial air pollution in the local area including a visible haze from
particulate matter that adversely affects the health of both employees and residents. Residents
report dust clouds settling in the valleys where they live, and contaminated snow and water.

Former workers and residents report to Forgotten People that uncontrolled coal fires frequently
result from Peabodys coal mining process. Fugitive coal dust and road dust contribute
significantly to this problem. Forgotten People has received reports of the death and sickness,
including black spots on organs, of animals that graze (and breathe) and drink water in proximity
to the mining areas. Residents and Peabody workers also report experiencing pulmonary
problems.

Environmental and health assessments to date are flawed and have failed to account for
increased occurrences of pulmonary and respiratory failure, asthma, black lung, lung irritation,
heart disease, and cancer among the local residents and employees, in addition to adverse
impacts on animals.

Current methods to prevent mining related air pollution (and resulting pollution of water
and soil) are inadequate and improved methods of mitigating these air pollution impacts of the

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surface coal mining on the health of local residents. The local environment should be re-
examined with substantial involvement of the affected residents and workers. There needs to be a
new comprehensive review of and improvement in air quality monitoring, efforts to prevent and
mitigate fugitive emissions of coal dust and road dust, and prevention and mitigation of coal fires
and emissions from these fires.

Although certain fugitive emissions mitigation measures are available, including wind
break fences, containment structures, watering of coal stockpiles, and use of polymer sprays,
legitimate concerns regarding about the impact of current water usage of the mine on the
environment, and concerns regarding the introduction of harmful chemicals into the local
environment from such measures make some of these mitigation techniques measures of last
resort. State of the art measures, demonstrated and innovative, including those that have been
implemented at other mining facilities, should be surveyed and assessed to determine the best
approaches for reducing fugitive emissions and toxic air pollution from coal fires, coal dust, and
road dust at the Kayenta mine. Residents and workers, and their technical and legal
representatives, should be provided the opportunity to be meaningfully involved throughout the
process of a new assessment of prevention and mitigation measures.

There is also a need for better access to health care and benefits for adversely affected
workers and residents. For those who suffer from ill effects of the mining, the current program
of compensation and treatment of illnesses (including black lung) is severely flawed and
discriminatory, leaving many people with health problems without adequate treatment and
benefits. Forgotten People has received reports that Peabody coal company has actively opposed
compensation for many former employees that have black lung disease, which opposition would
significantly exacerbate this problem.

In an effort to address this problem, Forgotten People propose that as part of this
DRAFT EIS for the NGS-KMC Project, that the parties explore the potential use of complaint
procedures specifically for Native American workers at the Kayenta mine. Forgotten People
believe that use of an appropriately designed complaint process, that minimizes formality and
cost and allows for appropriate assistance for Native American workers, could be a significant
step towards resolution of the current problems faced by Kayenta workers suffering from black
lung disease in getting their black lung claims determined and appropriate benefits awarded.
Forgotten People also propose that Peabody support the construction of local clinics or medical
care offices, and assess the option for telemedicine, to improve access to medical care for former
employees and residents with healthcare needs.

3. Water
Contamination of local water sources with uranium and arsenic is a major concern to
local residents. The EPA has published results of water contamination on the historical Hopi
reservation indicating the presence of arsenic. Wells used by Navajo residents in areas now
designated by the federal government as Hopi Land (commonly referred to as Hopi Partition
Land (HPL)) were capped off and shut down for the stated reason of contamination by toxic
chemicals (i.e. uranium and arsenic). This has not been addressed by publicly released data or
studies.

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As a result, the only public sources of water for many local residents are the water
stations maintained by Peabody at the Kayenta and Black Mesa mines. Residents have reported
that even this source may now be contaminated by coal mining byproducts. Forgotten People
requests that OSM arrange for USEPA or independent contractors to test local water stations,
and that OSM conduct, with meaningful involvement of affected residents and their
representatives, a comprehensive survey of water sources available or potentially available to
residents in or near the mining areas regarding their suitability for public use and consumption.
This assessment should address the extent of contamination of local water sources, any
contribution to this contamination resulting from Peabody mining activities, and alternatives for
improving access to uncontaminated water for local residents. This assessment should also
address methods for preventing future contamination of water sources by Peabody mining
activities, including assessments of runoff and drainage.

Forgotten People also request that OSM require as part of a DRAFT EIS for the NGS-KMC
Project permit approval that Peabody minimize water use to conserve limited water resources.
Forgotten People also request that OSM conduct an assessment of feasible alternatives, to be
funded by Peabody, for restoring the affected aquifer(s) to remedy the diminution of water
resources resulting from Peabodys mining activities.

4. Relocation
PWCC is claiming they are working with the Navajo Nation and families that may be required to
relocate as part of continuing mining operations. We urge the OSM to create a venue where
directly affected family members participate in the discussions so they can direct mining to avoid
their homes or find a mutually acceptable relocation site where they can live within
the customary use area that will not be mined.

Forgotten Peoples representatives have interviewed heads of the households and family
members that were previously required to relocate and they have expressed major concerns about
future mining activities where there has been a lack of independent legal representation and
translators during relocation negotiations, and that promises made regarding sites for relocation
have been broken.

5. Burial Sites and Cultural and Historic Resources

According to researcher Judith Nies, thousands of archeological sites have been
destroyed by Peabody Coal Company. Forgotten People are concerned about the current
accounting for past gravesites as well as some identified as a result of the current DRAFT EIS
for the NGS-KMC Project. There are prehistorical archaeological sites that are endangered as
well as ceremonial sites that are endangered. Great care needs to be given to avoid desecration of
these sites.

Black Mesa is the home of plants, herbs, spaces and land considered sacred to
traditional Navajo. The failure to date of reclamation activities especially in light of Peabodys
bankruptcy filing is unable to support the uses of the land prior to coal mining is of particular
concern. Forgotten People requests that the historical and sacred uses of the Black Mesa be
included in the cultural resources analysis. A major reason why the permitting process has been
so contentious is that the area PWCC considers an area containing mineral resources is an area
the traditional Navajo people consider rich in spiritual, cultural, and historic resources.
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6. Reclamation
The DRAFT EIS for the NGS-KMC Project does not account for improper reclamation of
mined-out areas that need to be re-graded to the approximate original contour, and how Peabody
plans to replace the topsoil and replant vegetation according to the approved post-mining land
uses of livestock grazing, wildlife habitat, and cultural plant use. Especially in light of Peabodys
bankruptcy filing.

These statements in the DRAFT EIS are contradicted by the experiences of local residents, who
have waited for many years for the reclamation and return of their lands after they have been
mined out by Peabody. These include lands from both Black Mesa and Kayenta mines.

Reclamation at these mines is not occurring contemporaneously with PWCCs mining

operations, and even if land is reclaimed, it is not returned to previous users. Trees and sacred
plants do not grow on the reclaimed land. No building or construction is permitted on reclaimed
land due to lack of soil stability. Current experience with land that was mined decades ago
indicates that Peabody has not been able to return the land to its previous uses as required by law.
Should a transition from coal mining to solar and wind energy be explored, as the Forgotten
People have requested, the mined areas where reclamation has been or would be attempted could
be prime candidates for location of solar and wind energy facilities given the failures to date to
reclaim these areas for their prior uses.

7. Railroad Safety
Forgotten People have concerns regarding the permitting, regulations and operations of
the railroad used to transport coal from Kayenta to NGS. Forgotten People has received reports
that several people have died at unsafe railroad crossings. A local chapter official of the Navajo
Nation in particular has expressed deep concern regarding Peabodys (and OSMs) lack of
attention to these safety concerns of residents. Possible solutions to explore are the construction
of railroad crossing arms and warning lights and other safety measures routinely employed for
rail transport in urban areas.

8. Stockyard and Explosives

Forgotten People has received reports, investigated, and confirmed that the current
facility used to store ammonium nitrate and chemicals used in blasting appears to not adequately
restrict public access and is only lightly monitored or guarded. One report indicates that there is
considerably more explosive material there than used in the Oklahoma City bombing. Part of the
problem may be that residents need access to roads next to the stockyard for transportation to
residences. This security concern should be investigated and remedied promptly.

For these reasons, and in light of climate change reality with a global move away from coal,
Forgotten People urges implementation of a No mining alternative and requests that the
DRAFT EIS for the NGS-Kayenta Mine Project deny the NGS and Peabody operating permit.

Respectfully submitted,

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Mary Lane
President, Forgotten People
On Behalf of Forgotten People and Forgotten People members living in and adjacent to Peabody
Coal Companys Kayenta mining permit area

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