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 The land, located approximately one mile southeast of Elkhart, is
being considered for rezoning from Agricultural to M-3 Extraction.
The Viper Coal Mine, currently located in Sangamon County and owned
by Arch Coal, owns the land.
The Logan County board takes into consideration the recommendations
of the Logan County Regional Planning Commission and the Logan
County Zoning Board of Appeals.
The Regional Planning Commission unanimously recommended the
rezoning request in a 9 – 0 vote.
The Zoning Board of Appeals failed to make a recommendation in its 2
– 1 for rezoning vote. This was because the ZBA regulations require
three yesses in the affirmative to pass. Two of the five ZBA members
abstained from the process.
As the Logan County Board workshop began, a moment of silence was
observed in honor of Donald May and Richard Hurley, who both were
county employees and officials before they passed.
Before any crowd participation, Vice Chairman David Hepler read a
brief letter from board member Jan Schumacher, who was unable to
attend the meeting.
Schumacher’s letter stated that for the last three weeks she has
researched the issue at hand, spoken to many concerned citizens and
toured the mine to witness its operations. Schumacher’s letter
indicated she will be prepared to vote on Tuesday night.
Garret Barton, the engineering manager for Viper Mine, presented on
why the facility is necessary for the mine. Barton explained that
the current impoundment, as was explained at the previous ZBA
hearings, is approaching capacity. By 2017, a new impoundment needs
to be ready for reception.
“We cannot move. That means a new refuse facility needs to be
constructed in close proximity to the prep plant,” said Barton.
Barton said the mine has evaluated whether or not to expand in other
directions. “We even went so far as to contact neighboring
land-owners for other shorter term expansion as an option. The
land-owners were not willing to sell that land,” said Barton.
Barton also said the mine still plans to utilize the $17 million
conveyor that stretches between Williamsville and Elkhart. Barton
also presented a diagram as to how the coal is extracted and refuse
is disposed of.
Barton said any coal ash is blended with other coarse refuse and
recycled water. The material is compacted as it is pumped into the
impoundment. Barton said at most the refuse is 25% fly ash, but the
mine keeps the refuse at 20% most of the time.
Barton also said that the fly ash is not toxic. “In fact the same
ash we receive is commonly sold for other beneficial uses, including
road-based construction, structural fill, and agricultural uses. We
receive the overflow of what cannot be sold,” said Barton.
Barton said by EPA regulations, coal refuse is routinely monitored
for toxic metals and quarterly reports are sent to the state.
“Regulators have expressed no concerns,” said Barton.
Barton said that the mine is proposing three phases of construction.
Phase one, which would be built in 2015, is the immediate adjacent
end to the current facility.
Phase two would begin in 2019, and Phase three, which would be
closest to the Mount Pulaski blacktop, would be built in 2023.
In addition, Barton said that reclamation would consist of planting
grasses and shallow root shrubs and plant life, and would begin
while the facility is still in use. Reclamation of the current
facility would also begin as soon as the new impoundment was in
operation.
Barton cited a University of Illinois study that indicated that one
job in a coal mine produces seven other outside jobs as a result.
“We project that we will be paying approximately $35 million in
royalties to Logan County property owners for mineral rights over
the next twenty years. We currently pay $352,000 per year in
property taxes, and $170,000 goes to Mount Pulaski schools,” said
Barton. Rezoning would raise the company’s property taxes by an
estimated $177,000 annually.
“We have a record of responsible operation with no complaints in
over ten years,” said Barton.
Daniel Hamilton, an attorney with Brown, Hay & Stephens, LLP of
Springfield, spoke on behalf of those opposing the rezone. Hamilton
said the real issue at hand is the rezoning of the land, not how
safe the mine is or how good of a neighbor they can be.
“There’s been no justification based on zoning factors for the area
to be rezoned. That’s why the ZBA recommended to not rezone,” said
Hamilton. “There’s been no testimony provided on the record that
states a need. The only need we have heard is that there will be job
loss, but we’ve heard conflicting stories.”
Hamilton also said that the resulting loss in property values to the
surrounding area would not be beneficial to the public as a whole,
which also violates part of the zoning criteria.
“This is other peoples’ waste coming into Logan County,” said
Hamilton. “It’s not appropriate that this land be used for this
purpose. We saw pictures of what it will look like in thirty years;
what’s it going to look like in the meantime?”
Several members of the community voiced concerns heard at the ZBA
hearings prior to this week. Lyle Faut, the village president of
Elkhart, spoke after Hamilton.
Faut said he has felt the community of Elkhart needs to be heard on
this issue, and he cited a petition signed with over 700 signatures
opposing the rezone. Faut also said the village board unanimously
approved a resolution opposing the rezone.
Faut said the primary reason for their concern is the town water
supply, which rests 25 feet away from the proposed area of
construction. In addition, the land in the area is known to retain
excess water very easily, which Faut said may become contaminated.
“This is a concern and a realistic issue,” said Faut. “Our community
does not support this. We need to look at future generations and
make sure they are protected.”
Whitney Pasquesi, an Elkhart resident and Master’s candidate at the
University of Illinois, said that the coal ash is currently being
considered for classification as a toxin by the EPA as of 2013. “If
coal ash is non-toxic, then why is the EPA proposing new regulations
under the Resource Conservation and Recovery Act; why is the coal
industry paying billions of dollars in settlements for contamination
and toxic spills; why do these facilities require hazard mitigation
plans?” asked Pasquesi.
Pasquesi also cited multiple cases in Illinois in history in which
the Illinois EPA and IDNR failed to address mining hazards in a
timely and efficient manner. “We clearly cannot rely on the EPA and
other regulatory agencies to protect the citizens of Logan County,”
said Pasquesi. As the night went on, other citizens echoed these
concerns before the board.
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Jim Meyer, another engineer of the Viper Mine, said Arch Coal
is greatly concerned with the viability of the mine. “We have to
be concerned about any change that jeopardizes the consistent
long-term operation of the facility,” said Meyer. Meyer said
this proposal would provide stability to the operation for
twenty years. “We’re a world-class coal mine. We’re proud of
it, and our jobs are real,” added Barton.
Meyer also said that there has not been any sales data in recent
history that could be found in order to properly say whether or not
property values nearby would drop.
Bob Snow, an engineer from D’Appolonia (the company who designed the
facility plans), reiterated the constant testing for toxins
performed by the mine on surrounding water and the fly ash. Snow
also said the facility would include containment areas for potential
water runoff to help ensure it is recycled and does not leech into
other properties. Meyer added that the new facility would not
require any additional water.
Snow also said that hazard planning does not reflect the condition
of a facility. Rather, said planning provides emergency management
information should a problem arise.
“We are doing everything we can to design this facility to be
protective, to listen to these concerns, and to accommodate those
concerns in a manner that minimizes fears about the facility,” said
Meyer.
An employee of the coal mine spoke up, saying that if the land is
not rezoned, jobs could be at stake. “It may not be tomorrow, but if
this impoundment doesn’t work, we don’t have any options that aren’t
costly,” said the employee. “This isn’t a booming industry anymore,
but we still need coal.” Several other employees echoed those
thoughts. One employee, Mark Bloom, said that this decision will not
only affect Logan County, but the surrounding counties as well.
“This issue has gotten a little out of control,” said another mine
employee and resident of Lincoln who recently purchased his first
home. “Without this job, I’ll have to find somewhere else to live.”
After the public comments, the board members began their
deliberation.
Chuck Ruben asked Dan Fulscher of the Emergency Management Agency if
he could speak on his thoughts about the issues. Fulscher said that
from his perspective, fly ash is top concern. Fulscher said fly ash
is not a danger in transport, but the public worry is what happens
when mixed and stored in the impoundment.
Fulscher cited other mine failures, such as what happened in
Virginia as a reason for concern. Fulscher said the difference is
that in Virginia, the retention ponds were built into a
mountain-side, which is not the case here.
Fulscher said the mine has only called for one EMA response unit in
recent years, which was a fire on the conveyor belt. “Logan County
EMA/911 will do everything to make sure that [a problem] is
mitigated, whether you stay or you don’t; we hear both messages very
loud,” said Fulscher.
Pat O’Neill said that the decision at hand is a tough one for
everyone, and he has spoken to people on both sides. O’Neill also
said he has done his own research on this matter.
“The safety of this mine has never been an issue. There has not been
one documented complaint against this mine,” said O’Neill.
O’Neill also addressed the concerns over tourism and property
values. “There is nothing more that will have a devastating effect
on tourism or property values than a community that is devastated by
job loss and no money to spend. Many of the jobs at the mine help
support tourism dollars to bring people to Elkhart Hill,” said
O’Neill.
On the topic of safety, O’Neill told everyone, “Nothing can
guarantee the future, but I was told to never live my life on
what-ifs, because ninety percent of it won’t happen. We’re dealing
with reality now, this is what they need, and this is what zoning is
all about.”
“It’s true that mining is downsizing, but there is still a need for
mining jobs in this county,” said O’Neill.
Gene Rohlfs said that 700 people have signed a petition opposing the
rezone. “I hear both sides. I really appreciate the fact that the
mine has been a safe mine, that the workers are conscientious, but I
also appreciate that I am here to represent both sides, not just
safe jobs,” said Rohlfs. “I don’t want to see more jobs lost, but
jobs are not the only consideration.”
 Rohlfs also said the mine bought the land ten years ago, and asked
why they want it rezoned now, and in such a quick timeframe. “The
pond they’re using now is good for another two years or better.
Can’t we wait, especially to see if the EPA comes out with new
rulings?” asked Rohlfs.
An employee in the crowd answered, saying that the mine has loaned
the land out for the past ten years for farming. Another audience
member said that if land is not built on within five years, the
permits become void, so it would have made little sense to rezone
the land ten years ago.
David Hepler asked if the representatives from the mine could
elaborate on the cost of reclamation, and who will monitor the area
after the impoundment is reclaimed. Meyer answered, saying that the
mine has to monitor the area for five years after the impoundment is
closed, and that financial bonds are in place that will not be
returned unless the EPA is satisfied. In addition, the EPA and IDNR
could force the mine to monitor for a longer period after the five
years.
Hepler asked Barton to answer two questions as simply as possible.
When asked if he knew of any other site options that would make
economic sense to utilize, Barton said “no.” When asked if the mine
would likely close in his opinion if the land was not rezoned,
Barton said “yes.”
“The issue before us is to rezone a piece of property. Many of these
other issues, we are not qualified, nor are we charged with the
responsibility. There are state and federal persons that have the
expertise that we don’t. Ours is a land use issue,” said Hepler.
As the Planning and Zoning portion of the meeting drew to a close,
the board members took a straw vote on the issue. However, there
were not enough participants in the vote to make a determination one
way or the other. The actual decision would be made on Tuesday
night.
Board members present at the meeting were David Hepler, Chuck Ruben,
Gene Rohlfs, Robert Farmer, David Blankenship, Pat O’Neill, Andy
Anderson, Emily Davenport, Kevin Bateman and Scott Schaffenacher.
Jan Schumacher and Rick Aylesworth were absent.
[Derek Hurley]
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