Environmentalists fired the first shots Wednesday in what may be a long battle over proposed coal mining in the Kaiparowits coal basin.
A daylong hearing pitted environmentalists with claims that mining would be detrimental to a sensitive, pristine area against state Division of Lands officials who defended their action in granting an easement over school trust lands to accommodate a road into the proposed mining area.Kane County and Andalex Resources Inc., the company that wants a mine in the Smoky Hollow area of the county, asked for an easement in anticipation of a road that would ultimately serve huge trucks taking coal out of the area.
The road would go from the town of Big Water to the Smoky Hollow site. An existing road in the county traverses a small section of Glen Canyon Recreation Area and would probably be less desirable for the traffic generated by a large mining operation.
A road serving the mine would eventually see 92-foot trucks making more than 300 trips daily to transport coal.
Southern Utah Wilderness Alliance filed for a review of the division's decision, saying the division had not followed its own rules in granting the easement. State Land Board member Ruland Gill, a lawyer, served as hearing officer for Wednesday's review. He will make a recommendation to the full board, probably during its May meeting.
The issues are a repeat of the 1970s battle over mining in the same area. The Kaiparowits coal basin is considered one of the richest in the country, but environmentalists are adamant in their opposition to any development in the basin. The 1970s proposals regarded mining proposals on the plateau. The Andalex site is not on the plateau but holds the same threat of opening up development in the area, opponents say.
If the board stands by its approval of the easement, the matter will likely be appealed to the Utah Supreme Court.
SUWA field director Ken Rait and his attorney, Heidi McIntosh, hammered on the issues of wildlife, recreation, solitude, wilderness status and the possibility of paleontological and historic artifacts in the area that would be affected by the road.
State land officials presented exhaustive evidence that division rules were followed in granting the easement, which would traverse parts of three sections of school trust land. Andalex, working through the county, paid $14,824 for the easement, or $600 an acre, said Doug Fullmer, who directed the Cedar City office of the state division at the time of the transaction.
Rait suggested the lands division should have waited for the results of a federal environmental impact statement that is being conducted regarding the mine proposal before acting on the road. That report is not expected before the end of this year or even later.
Assistant Division Director Kevin Carter, said, however, that the state is not involved in the impact study and was acting in accordance with the division's obligation to maximize incomes from the trust lands. That income goes into a permanent fund, generating interest that supports education.
Kane County Commission Chairman C. Glen Martin told the hearing officer that the county wants the Smoky Hollow road regardless of the outcome of the mining debate. He said the road could be extended north to connect with a Garfield County road, creating a loop that would facilitate recreation and tourism in the area.
Rait argued that the potential return to the trust fund from the Andalex mine, which also includes a small amount of trust land, has been overestimated. He said the likely income to the fund would be only $10 million rather than the $16 million that has been proposed. Costs to taxpayers to build infrastructure to support mining could offset any benefit to the schools, he said.
Assistant Attorney General Steven Alder, however, noted that the SUWA spokesman had failed to recognize the income to schools from potential property taxes that would be paid by the mining company.
A study by the governor's office of budget and management suggests the coal development could have significant positive economic impacts on the state, particularly southern Utah. SUWA also was critical of that report.
Rait introduced a 1991 letter from an Arizona paleontologist who said the Kaiparowits area could offer "perhaps the best and most continuous record of the Late Cretaceous terrestrial life in the world." He also said Indians consider the area to be part of their cultural heritage.
Alder objected to introduction of materials that were not part of the initial record surrounding the easement, and Gill said he would consider the matter as he assesses the hearing.
Division officials acknowledged that no extensive cultural/his-tori-cal review of the area had been conducted, although one was called for, but said that would still be accomplished. A cursory examination of the area showed no obvious concerns, they said.
A Division of Wildlife Resources biologist said the mine proposal raises a number of concerns related to wildlife, particularly the Paunsaugunt deer herd. She said, however, that Andalex has agreed to work with the division to mitigate the negative effects should the mine be allowed.