DIVISION OF WATER QUALITY UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC NOTICE TO MODIFY A UPDES PERMIT
Notice Type(s)
Notice
Event Start Date & Time
May 29, 2026 11:00 AM
Event End Date & Time
June 29, 2026 05:00 PM
Description/Agenda
PURPOSE OF PUBLIC NOTICE
The purpose of this public notice is to declare the Director of the Division of Water Quality's intention to modify a Utah Pollutant Discharge Elimination System (UPDES) Permit under the authority of the Utah Water Quality Act, Utah Code ยง 19-5-106(2)(g). The draft Permit and the Fact Sheet (collectively, the draft Permit documents) are available for review and comment.
PERMIT INFORMATION
PERMITTEE NAME: Canyon Fuel Company, LLC
FACILITY NAME: Skyline Mine
MAILING ADDRESS: HC 35, Box 380, Helper, Utah 84526
TELEPHONE NUMBER: (970) 852-0110
FACILITY LOCATION: Up Eccles Canyon from Scofield Town along State Route 264
UPDES PERMIT NO.: UT0023540
PERMITTED OUTFALLS: 001, 002, 003, 004, 005
OUTFALL LOCATIONS: 001: latitude 39 41' 04', longitude 111 12' 04'
002: latitude 39 41' 05', longitude 111 09' 23'
003: latitude 39 43' 13', longitude 111 09' 13'
004: latitude 39 43' 13', longitude 111 11' 59'
005: latitude 39 38' 58', longitude 111 14' 22'
RECEIVING WATERS: Eccles Creek, UP Canyon Creek, Winter Quarters Canyon, Electric Lake
BACKGROUND
The Canyon Fuel Company's Skyline Mine facility (Skyline Mine) is an underground coal mine facility with Standard Industrial Classification 1222, for bituminous underground coal mining operations. Skyline Mine is located approximately 8 miles southwest of Scofield Town, along State Route 264 in Carbon County, Utah. Skyline Mine currently has five UPDES Permit (Permit) discharge points (Outfalls 001, 002, 003, 004 & 005).
On January 28, 2026, Skyline Mine experienced an unanticipated inundation of water forcing evacuation of the employees and a shutdown of mining operations due the inflow of water estimated at 15,000 gallons per minute. As part of initial agency notifications, Skyline Mine submitted a Notice of Emergency Unanticipated Bypass letter to Division of Water Quality, dated January 29, 2026, following provisions in part VI.G.3.b & c of the Permit. To mitigate the inundation of excess water in Skyline Mine, additional pumping and dewatering operations are required to be installed in order to safely restart mining operations.
Due to the unanticipated and urgent nature of the necessary dewatering, Skyline Mine has requested a temporary increase to some of the discharge requirements for Outfall 005 following provisions for a Permit modification found in Utah Administrative Code (UAC) R317-8-5.6. Skyline Mine is currently undertaking emergency pumping activities to dewater portions of the mine that have been recently flooded since early February 2026 in order to safely restart mining operations. This emergency activity requires installing pumps from the surface into the underground mine. The underground portions of the flooded mine are not currently accessible, and water quality within the mine cannot be further controlled until safely dewatered and accessible. This Permit modification request for a temporary increase to some of the water quality parameters was submitted to accommodate the emergency pumping activities. Please refer to the draft Permit documents for more information.
PUBLIC COMMENTS
Pursuant to Utah Admin. Code R317-8-6(6.6), any interested person may submit written comments on the draft permit documents and may request a public hearing if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments will be considered in making the final decision and shall be answered as provided in Utah Admin. Code R317-8-6(6.12).
Commenters have an affirmative obligation to raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material. Supporting material must be included in full and may not be incorporated by reference, unless the material is already part of the administrative record.
Public comments are invited any time prior to the deadline of the close of business on June 29, 2026. Written public comments can be submitted to: Jeff Studenka, UPDES Individual Permit Section, Utah Division of Water Quality, PO Box 144870, Salt Lake City, Utah 84114-4870 or by email at: jstudenka@utah.gov.
After considering public comments, the Director of the Division of Water Quality will issue a final Permit decision. The draft Permit documents are available for public review under 'Public Participation' at www.waterquality.utah.gov/. Additionally, if internet access is not available, a copy may be obtained by calling Jeff Studenka at (385) 602-7303.
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Emily Canton at 801-536-4342.