Utah board upholds strip mine near Bryce Canyon National Park

SALT LAKE CITY — A coal company claimed victory Tuesday when a Utah state board rejected a legal challenge brought by environmental groups that say a proposed strip mine will pollute waterways and kick up dust at Bryce Canyon National Park.

The Utah Board of Oil, Gas & Mining said Alton Coal Development LLC could strip 440 acres of private lands, the start of a project that could take in thousands of acres of surrounding national forest in southern Utah. Alton is seeking federal approval to enlarge the project.

The state board upheld an October decision by regulators at the Utah Division of Oil, Gas & Mining, which insisted it followed all legal and technical requirements in approving the mine. The regulators' approval came after the developer donated $10,000 to Republican Gov. Gary Herbert's campaign and complained the state was taking too long to approve the project.

"We are extremely gratified that the board sided with us on this issue," John Baza, director of the Division of Oil, Gas & Mining, said Tuesday. "The decision validates the months of scientific analysis put in by the team members assigned to this permit."

Four environmental groups hired scientists to challenge the state's approval in a half-dozen days of hearings from January to June. The superintendent of Bryce Canyon National Park — known for its pristine air and sparkling night skies — also has objected.

Alton's project manager, Chris McCourt, said in a rare public statement by the company that the board's decision "will allow development to proceed in an environmentally responsible manner."

"Alton commends the state of Utah, the division and the volunteer board for their diligence and evenhanded consideration. Approval of the permit is key to the Coal Hollow Project, which will provide new jobs and economic expansion to the state of Utah," McCourt said.

The company, a group of investors led by James J. Wayland, of Naples, Fla., must secure a multimillion-dollar reclamation bond before it can start mining.

The Southern Utah Wilderness Alliance had promised to take the case to state courts, if necessary, keeping the project tied up. Steve Bloch, a staff lawyer for the group, said Tuesday he was studying the 29-page decision before making a decision on further appeals.

"There is no denying, however, that this is bad news for the air, water and dark night skies at Bryce Canyon National Park and surrounding communities," he said.