By Kathy Helms
Diné Bureau

**NOTE: The deadline to submit a public comment on this permit is February 4 2008. Please see attached File.

WINDOW ROCK — The U.S. Army Corps of Engineers is seeking public comment on a permit for Desert Rock Energy Project under Section 404 of the Clean Water Act.

The permit is being requested in conjunction with construction of the 1,500 megawatt coal-fired power plant and processing facility and would allow for Desert Rock to place dredged and fill materials such as native soils, pipe, concrete and cobble into U.S. waters — mainly washes.

Fill in various tributaries of the San Juan River also would be required for project infrastructure such as a water well field, transmission lines and access road. About 1.15 acres of washes would be lost through placement of about 1,605 cubic yards of fill material.

According to the Corps of Engineers permit application notice, the project would be located along tributaries of the Chaco and San Juan rivers, about 26 miles southwest of Farmington. Power transmission lines would end north of the San Juan River about 5 miles east of Shiprock at the existing Navajo Transmission Project.

A 101-acre coal processing facility operated by BHP Billiton would be located adjacent to the proposed plant and would result in the loss of about 0.12 acre of washes due to the need to regrade the site. The Desert Rock plant would be located on 160 acres, resulting in the loss of 0.78 acre due to site regrading, drainage control and associated roads.

A proposed 2-mile long, 24-foot wide access road to the power plant would require fill within one wash, while a series of culverts with an adjacent heavy-haul, low-water crossing would be constructed where Burnham Road crosses Pinabete Wash, resulting in the loss of 0.12 acre and 0.09 acre of waters, respectively.

Water for the proposed Desert Rock plant would come from two deep groundwater well fields, requiring buried waterlines. One well field south of the plant site and Pinabete Wash would require an access road and bridge over the wash, while the second well field north of the plant site and east of the Chaco River would require buried waterlines and a 12-foot wide gravel road that would cross 11 washes.

A proposed overhead power transmission line would extend from the Desert Rock site, north about eight miles to the Four Corners Power Plant. A second proposed transmission line would continue from the Four Corners plant and end about 14 miles north at the existing east-west Navajo Transmission Project line.

Alternatives to the proposed project include different types of generation technologies, renewable and non-renewable generation, alternative water sources, three different site locations and different plant sizes. The 1,500 megawatt supercritical facility would include up to two 750 megawatt units. A 550 megawatt sub-critical coal-fired power plant also is proposed.

Alternative water sources for cooling technology include surface water from the San Juan River and groundwater from the Morrison Aquifer. Wet cooling, which uses more water but results in higher generation efficiency in hot weather, and dry cooling also are alternatives.

Three alternative power plant sites include Site 1, within Navajo Agricultural Products Industry farmland, near the northeast corner of Area III of the Navajo Mine. Benefits of the site include close proximity to Navajo Indian Irrigation Project water sources and an adjacent location to the coal mine.

Site 2 is located near Burnham Chapter House, southeast of Area V of the BHP Navajo Coal Co. (BNCC) lease and was chosen for its proximity to the decommissioned Consolidation Coal Co. (Consol) mine.

Site 3 is located just west of the BNCC lease adjacent to Area IV North and was chosen because of its proximity to BNCC lease and its distance from surrounding communities.

To offset impacts to waters, Desert Rock Energy Co. has committed to the enhancement or creation of up to 5 acres of riparian habitat on the Navajo Nation.

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NEWS RELEASE
DATE: January 4, 2008

Subject: U.S. Army Corps of Engineers, Albuquerque District
PUBLIC NOTICE No. SPA-2005-00740-DUR

PUBLIC NOTICE UNDER SECTION 404 OF THE CLEAN WATER ACT

The Albuquerque District has posted a public notice to our internet home page:
http://www.spa.usace.army.mil/reg/publicnotice.asp

Application Number: SPA-2005-00740-DUR
Applicant: Sithe Global Power, L.L.C. has requested a Section 404 permit to discharge dredge
and fill material into 1.15 acres of waters of the United States in conjunction with the
construction of the Desert Rock Energy coal-fired power plant in a tributary of the Chaco River,
Burnham, San Juan County, New Mexico.

Written comments may be submitted to:
PROJECT MANAGER: Deanna L. Cummings
PHONE: (970) 375-9509 FAX: (505) 342-3498
EMAIL: deanna.l.cummings@usace.army.mil

Comments must be received by: February 4, 2008