Sky Chaney: Coal mine has harmed the people and land of Kane County

Normally when we think of “dirty coal” we imagine smoky pollution being spewed by the tall stacks of power plants around the planet. Although burning coal creates 72% of total greenhouse gas emissions from the electricity sector, that figure doesn’t tell the whole story about just how “dirty” coal is here in Utah.

As president of the Taxpayer Association of Kane County, I am deeply concerned about the negative impact of coal mining in our county. We now have firsthand experience with a coal mining industry that plays dirty by violating pollution standards, abrogating Utah law and failing to keep agreements it made to residents to clean up after itself when finished mining.

In 2010, the rural community of Alton in Kane County became the location of Utah’s first coal strip mine. Before Alton Coal Development LLC built the Coal Hollow Mine, consultants at public meetings presented their modern methods for keeping their coal operation clean and restoring the land used by the mine. They told us it would be good for our local economy. Most people believed the story that was being presented to them. Now, 13 years later, we can see that many of the promises made by this out-of-state coal developer were never kept.

Since the founding of Kanab in 1864, residents have relied on water from Kanab Creek for agriculture. Alton Coal Development has committed a string of pollution violations by dumping toxic solids into Kanab Creek. Now, rather than holding Alton Coal Development responsible for permanently reducing this water pollution, the Utah Department of Environmental Quality has loosened the requirements to allow more toxic solids to flow downstream. Our farmers and families in Kanab are now watering their crops and home vegetable gardens with this tainted water.

To date, most of the land used for the mine has been obtained by purchasing mineral rights from local farmers. Alton Coal Development formally agreed to restore this land to its original condition so farmers can continue using it for agriculture. Alton Coal Development has failed to keep its timetables for land restoration, and it’s failed to return land to a condition usable for farming. Two of Alton’s prominent families, including a past mayor, have filed complaints with the Division of Mining. In response, this agency has fined the coal mining company, requiring it to comply with the terms of its restoration agreements.

In addition to violating the trust of local landowners, Alton Coal Development has cheated both the state of Utah and the government of Kane County by not complying with key financial obligations associated with the mine. Coal developers in Utah are required to purchase surety bonds to back up compliance with restoring mined lands. Late last year, it was revealed that the Coal Hollow Mine did not actually have the valid surety bonds that it claimed to own.

The Utah Division of Oil, Gas and Mining found that $13.4 million in bonds put up by the company were invalid. To remedy the situation, DOGM required Alton Coal Development to obtain the required bonding by December 14, 2021. The mining company failed to meet this first deadline plus two other subsequent deadlines. On February 8, the Division of Mining ruled that the mine must cease operation until the necessary surety bonds are obtained.

Alton Coal Development has also financially shorted the government of Kane County. Since 2018, the mining company has not paid its required county property taxes. According to the Kane County Treasurer, Alton Coal Development currently owes $443,168 in back taxes. The coal developer’s lack of payment creates a burden on the Kane County budget and on local taxpayers who must compensate for this unpaid debt.

Now, Alton Coal Development is waiting for a decision by the U.S. Department of the Interior on whether it will receive the use of 3,000 acres of public land near Bryce Canyon National Park for the expansion of its coal mine. Given the mine’s consistent lack of compliance with basic operational requirements, and the fact that it has negatively impacted communities in our county, the Taxpayer Association of Kane County recommends that this public land not be granted for expanding the Coal Hollow Mine.

Sky Chaney is president of the Taxpayer Association of Kane County.