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			 Land Rezone for Coal Mine Fly Ash Disposal 
 The Viper Coal Mine, owned by Ark Coal and ICG Illinois, is 
			applying to rezone land approximately one mile southeast of Elkhart. 
			The land would be rezoned from Agriculture to M-3 Extraction in 
			order for a new fly ash disposal facility to be constructed. The 
			proposed construction would take place across the township road, 
			600th, from the current impoundment.
 
 The Viper Mine opened in 1982. The mine itself currently operates in 
			Williamsville, just outside Logan County in Sangamon County. The 
			mine employs over 300 employees and ten contractors. The current 
			impoundment was built in 1983, and, according to the mine 
			representatives, is reaching the filling point.
 
 Kayla Primm, who has worked at the mine for 32 years, gave a 
			presentation to everyone at the meeting on what they are looking to 
			build. Primm oversees environmental operations at the mine.
 
 
			
			 
			“We strive to be a good neighbor,” said Primm. “We have no 
			violations in respect to our current impoundment in over ten years,” 
			added Primm. Currently, the IDNR and the EPA both receive monthly 
			reports from the mine as they monitor thirty-one nearby water 
			sources, including the water supply for Elkhart.
 
 “We have to meet Class One drinking water standards for ground 
			water,” said Primm.
 
 Primm gave a brief explanation on what happens to fly ash as it is 
			disposed of. The ash is prevented from filling the air with the help 
			of industrial fans that push it into the impoundment. The ash is 
			then conditioned and mixed with fluids and other waste materials 
			until it becomes thicker and cannot blow around.
 
 Primm also said the proposed construction would also include new 
			areas for topsoil stockpiles and two sediment ponds. The plans were 
			designed by a company called D’appolonia, who Primm referred to as 
			“a world leader in engineered impoundment structures.”
 
 Primm said that currently, the mining company is working on getting 
			all of the various permits and plans approved that are needed for 
			such a project simultaneously. “We need to have the new impoundment 
			operational and ready to receive by 2017,” said Primm.
 
 Primm said that underneath the proposed storage unit would be a 
			liner composed of heavy duty plastic materials that would prevent 
			any seepage that may occur. In addition, there would also a layer of 
			man-made clay under the liner. All of the ponds and ditches would 
			also be lined this way, and everything would be monitored 
			constantly.
 
 “The water won’t run off into road ditches,” said Primm. Primm also 
			said the process water used is recycled.
 
 Primm said that with the construction of a new facility, the current 
			one would be reclaimed, meaning that the mine would oversee the 
			planting of grasses and shrubs over the top of everything after the 
			impoundment is compacted and drained.
 
 In addition, the new facility would be reclaimed as it is being 
			used, rather than waiting until it is used up.
 
 
			
			 
			Primm reiterated that everything would be run according to the 
			regulations of several government organizations. “Everything in 
			mining is highly regulated,” said Primm.
 
 Primm said that the hope is that the new facility would last for the 
			remainder of the life of the mine.
 
 Bob Snow, who also works at the mine, said that the facility should 
			hold twenty years’ worth of production materials.
 
 Commission member Fred Finchum said he knows the citizens who live 
			in Elkhart are worried about contaminants getting into their water 
			supply because of the operations. Primm said she is unaware if 
			anyone in Elkhart has experienced this, and reiterated that from the 
			mine’s perspective, there has not been any problems so far.
 
 Chairman Bill Graff asked how long the water would be monitored 
			after the site is no longer needed. Snow said that they are required 
			to monitor water for five years after the mine is closed, and that 
			time can be extended if they are found deficient.
 Keith Snyder 
			asked what would happen if the land is not rezoned. Erwin Sass, a 
			manager at the mine, said that they have not looked very much into 
			alternatives yet, although they have considered looking east instead 
			of north. “We own the land. We have been there since ’82 and we have 
			never had any problems with the south impoundment,” said Sass.
 Sass said that the biggest concern for the company is the continued 
			employment of the workers at the mine. “The people here are the best 
			people I have ever worked with,” said Sass.
 Graff asked if IDNR 
			has approved their plans yet. Snow replied that IDNR has not 
			approved the plans, but they are moving forward with their review. 
			Part of the review does include whether or not the county approves 
			the rezoning. Bret Aukamp asked about the potential surface water 
			drainage that would occur on the north end of the property. Snow 
			said any discharge from the pond would travel eastward and westward 
			alongside the county road, as well as underneath it. Snow said that 
			the ponds would be able to hold water from even a ten-year storm 
			until it can be recycled. 
			
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				 Primm added that the water would also be pumped back into the 
				impoundment in order to help recycle the water and prevent the 
				ponds from filling up.
 Aukamp asked if there was any expectation for additional 
				necessary access points for traffic. Snow said the only access 
				point that would be needed would be for construction purposes, 
				and not when the facility is in operation.
 
 Sass said he appreciates the concern the community has shown by 
				coming forward with their questions. Sass also said he hopes to 
				see communication improve between the village and the company. 
				“That’s an oversight on my part. I have to take responsibility 
				for that,” said Sass.
 
 Finchum said he thinks that the groups involved should have 
				talked to each other sooner.
 
 Don Behle was present at the meeting to represent Elkhart. 
				Behle said from the Village’s perspective, there has never been 
				a problem with their water supply. “There hasn’t been a problem- 
				today,” said Behle.
 
 Behle added that the village will be voting on a resolution to 
				oppose the construction. Their opposition concerns potential 
				environmental damage that might occur in the future.
 
 Behle said one of the bigger concerns is that eventually the 
				heavy duty liner will break down and contaminants will leak into 
				the ground water.
 
 Behle said another concern is the potential for water run-off, 
				which could contain toxins. “We don’t want that in our water 
				system,” said Behle. Behle said the fly ash could end up in 
				Salt Creek if there is too much run-off.
 
 
			
			 
				Behle added that the ground in question is currently farm 
				ground. “That’s what the ground is supposed to be used for. 
				“It’s not supposed to be used for coal and toxic materials. It’s 
				valuable as it is,” said Behle.
 
 Behle also said that the coal mine itself does not actually 
				operate in Logan County. “We don’t get any benefit from it,” 
				said Behle.
 
 Behle said the last concern the Village has is over aesthetics. 
				Behle said that future houses will have to look at “a 
				hundred-foot pile of dirt within a mile [of Elkhart hill]. Is 
				that going to be aesthetically pleasing?”
 
 Primm responded, reiterating that the mine monitors for 
				thirty-one different compounds and potential toxins in the 
				ground water. While they test for so many constituents, Primm 
				said that there are currently no toxins present in the area that 
				would normally raise alarms anyway. Primm added that sixteen of 
				those compounds are routinely too low to even be detected, and 
				the mine looks for the same toxins in the fly ash.
 
 Snow repeated that the water monitoring would continue for years 
				after reclamation begins. In addition, the reclamation would 
				consist of planting grasses and shallow root shrubs and plant 
				life. Snow explained that there is a movement in the industry 
				away from planting trees in such efforts, as the roots could 
				possibly penetrate the liner or fall over and leave exposed 
				holes in the land. In addition, the lining under the refuse is 
				highly resistant to the wear and tear of nature.
 
 After the discussion was over, the Planning Commission members 
				voted unanimously to recommend that the land be rezoned.
 
 The Zoning Board of Appeals is the next group to review the 
				application and render its opinion to the Logan County Board for 
				decision.
 
 If the ZBA has completed its review and rendered a decision, the 
				matter could come before the Logan County Board for discussion 
				when it meets on October 16 for its workshop. At the County 
				Board's Regular session on Tuesday, October 20, the rezoning 
				could be voted. Both meetings take place in the Logan County 
				Courthouse at 7 p.m.
 
 The ZBA opened public hearing on the matter on Thursday evening 
				in Elkhart. LDN will have a report on that hearing as soon as it 
				is available.
 
			
			 
 Commission members present were Chairman Bill Graff, Vice 
				Chairman Jim Fuhrer, Lincoln Mayor Keith Snyder, David Hepler, 
				Jeff Hoinacki, Emily Davenport, Fred Finchum, Blair Hoerbert, 
				and Jim Vipond. Logan County's highway engineer, Bret Aukamp, 
				and zoning officer, Will D’Andrea were also present.
 
			[Derek Hurley] 
			Past related articles 
			11/15/2008 -
			
			
			County hears coal mine's request for 
			enterprise zone Viper mine planning $20 million expansion
 
			11/28/2008 -
			
			
			County: Lincoln/Logan County Enterprise Zone 
			expansion request from mine  |