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USDA Analyzing Basis for Rejecting Rosemont and Any Mine
Dick Kamp /Wick Communications Environmental Liaison 10/24/09
A high level US Department of Agriculture official capped a Saturday of southeast Arizona public meetings and a tour of the Augusta Resource proposed Rosemont mine site by saying that USDA will be looking at bases for the US Forest Service to decide, for the first time in its history, that it has authority to reject a mine.
The Forest Service is a USDA agency, and Deputy Under Secretary for Natural Resources and the Environment Jay Jensen heard community testimony in Elgin and Green Valley in response to an invitation to come to the area from Rep. Gabrielle Giffords and Raul Grijalva (D-Az).
Both Representatives asked USDA and Department of Interior to assess whether Rosemont has valid mine claims and, if so, determine whether it is legal to deposit wastes on thousands of acres of valid mine claims (the subject of a recent lawsuit against USDA and Interior). They also have requested USDA to consider taking "no-action" on issuing a "record of decision" approving the mine under the National Environmental Policy Act (NEPA) environmental impact statement (EIS).
USDA Secretary Tom Vilsack wrote Giffords and Grijalva on October 23 that "the Forest Service is examining both the proposed mine and a no-action alternative in its environmental impact statement. No decisions have been made with respect to issuing a record of decision for the proposed mine."
These comments contradicted an earlier letter sent to a Green Valley resident.
In the Giffords-Grijalva letter Vilsack apologized for an October 14 letter sent "mistakenly" with his signature to Stan Riddle, President of the Green Valley Community Coordinating Council, in which he stated that the 1872 Mining Act "precludes selection of the no-action alternative." He said that his staff sent it out without his approval. The very existence of the letter outraged Grijalva, who never saw a copy.
Jensen repeated on Saturday what Vilsack wrote in his October 23 letter: that his purpose in touring towns near the Santa Ritas and the mine site "is to review actions the Forest Service has taken to date with respect to the proposed mine. In addition as part of this review (to) examine the proposed mine in the context of USDA regulations and any other applicable federal statutes and regulations."
Jensen said at the end of the day, "USDA will be looking at the bases of determining what a record of decision could be to not approve a mine (under NEPA creation of an EIS) in spite of the 1872 Mining Act. This analysis would start on the basis mentioned by the last testimony here in Green Valley (by retired Green Valley forester Dan Meyer). He highlighted the 1897 Organic Act that states that the number one priority for the US Forest Service is protecting free flows of water. There are a half dozen other potential legal bases including the Multiple Use Sustainable Yield Act and the National Forest Management Act."
Jensen added, "Our timeline for evaluating whether we can implement that policy will be that of the completion of a draft Rosemont EIS, the middle of next year. We wouldn't shoot for that timeline if we didn't think we could do it."
The decision to look at a no action alternative within the Rosemont EIS, legally a requirement of any EIS done under NEPA, is different from the USDA determining that they can reject a mine as a matter of unprecedented national policy. However, Jensen stressed that there would be a linkage.
The 1872 Mining Act declares that mining is a priority for public lands as long as no laws are violated and, to date, the Forest Service has taken the stance that they can only "mitigate"impacts of a mine.
Earlier in the day, Augusta officials and staff met with Jensen and Giffords for two hours. Augusta CEO Rod Pace acknowledged that the mine would run perhaps "25 years" although all discussions of plans to date have addressed a 20 year mine life. Pace said that the ore-body would run out after that, although the Augusta website also promotes ore bodies on 12,000 acres of Forest Service claims on both sides of the Santa Ritas.
Pace claimed that Augusta would use less water than others on the west side of the Santa Ritas where they intend to pump. Pace said Rosemont would use under 6000 acre feet of water ,while FICO pecan orchards pumped over 32,000 acre feet, the Sierrita mine 29,000, local municipalities over 19,000 and ASARCO Mission mine, historically over 7000.
Kathy Arnold of Augusta said Rosemont would submit their hydrological report to the Coronado National Forest within a few days.
At an Elgin Elementary School public meeting FICO co-owner Nan Stockholm Walden said that "first the mine underestimated its water use by saying it has a 20 year life, now its a 25 year life. My husband Dick remembers when other mines in the Santa Cruz Valley said the same thing under oath in court and now they're at 55 years and counting. Mines are unregulated for water use and cannot be denied a state permit"
Augusta VP Sturgess said that Augusta will conclude an agreement within a few weeks with Sahuarita area well owners represented by Tubac attorney Hugh Holub that will allow them to get a new well should the mine pump their wells down and a free pump motor whenever one wears out.
Giffords raised concerns at the mine site over light pollution. Some Augusta officials downplayed the mine impact on light and Sturgess quipped, "there might be a bit of light pollution from Green Valley visible at the minesite."
Mine supporters claimed Giffords was stacking meetings with opponents and she responded that the public had three hours with Secretary Jensen whereas Augusta had two solid hours with him.
In Elgin, rancher Sarah Barkus came close to crying as she said, "I've ranched by La Cienega for 42 years; all ranchers believe in sustainability. The greatest act of wisdom and courage of the forest service can be to take the no action alternative."
During a Jensen and Giffords visit to the Empire Ranch east of the Santa Ritas, Ranch Foundation Administrator Christine Auerbach said that recent analyses of ranch restoration raised concerns that Rosemont mine blasting could hamper restoration of old adobe buildings on the site.
Grijalva District Direct Ruben Reyes announced in Green Valley that Grijalva would be holding a Public Lands subcommittee hearing within the next 30 days on the Grijalva-Giffords on proposed Bill withdrawing Coronado Public Lands from all future mining.
A high level US Department of Agriculture official capped a Saturday of southeast Arizona public meetings and a tour of the Augusta Resource proposed Rosemont mine site by saying that USDA will be looking at bases for the US Forest Service to decide, for the first time in its history, that it has authority to reject a mine.
The Forest Service is a USDA agency, and Deputy Under Secretary for Natural Resources and the Environment Jay Jensen heard community testimony in Elgin and Green Valley in response to an invitation to come to the area from Rep. Gabrielle Giffords and Raul Grijalva (D-Az).
Both Representatives asked USDA and Department of Interior to assess whether Rosemont has valid mine claims and, if so, determine whether it is legal to deposit wastes on thousands of acres of valid mine claims (the subject of a recent lawsuit against USDA and Interior). They also have requested USDA to consider taking "no-action" on issuing a "record of decision" approving the mine under the National Environmental Policy Act (NEPA) environmental impact statement (EIS).
USDA Secretary Tom Vilsack wrote Giffords and Grijalva on October 23 that "the Forest Service is examining both the proposed mine and a no-action alternative in its environmental impact statement. No decisions have been made with respect to issuing a record of decision for the proposed mine."
These comments contradicted an earlier letter sent to a Green Valley resident.
In the Giffords-Grijalva letter Vilsack apologized for an October 14 letter sent "mistakenly" with his signature to Stan Riddle, President of the Green Valley Community Coordinating Council, in which he stated that the 1872 Mining Act "precludes selection of the no-action alternative." He said that his staff sent it out without his approval. The very existence of the letter outraged Grijalva, who never saw a copy.
Jensen repeated on Saturday what Vilsack wrote in his October 23 letter: that his purpose in touring towns near the Santa Ritas and the mine site "is to review actions the Forest Service has taken to date with respect to the proposed mine. In addition as part of this review (to) examine the proposed mine in the context of USDA regulations and any other applicable federal statutes and regulations."
Jensen said at the end of the day, "USDA will be looking at the bases of determining what a record of decision could be to not approve a mine (under NEPA creation of an EIS) in spite of the 1872 Mining Act. This analysis would start on the basis mentioned by the last testimony here in Green Valley (by retired Green Valley forester Dan Meyer). He highlighted the 1897 Organic Act that states that the number one priority for the US Forest Service is protecting free flows of water. There are a half dozen other potential legal bases including the Multiple Use Sustainable Yield Act and the National Forest Management Act."
Jensen added, "Our timeline for evaluating whether we can implement that policy will be that of the completion of a draft Rosemont EIS, the middle of next year. We wouldn't shoot for that timeline if we didn't think we could do it."
The decision to look at a no action alternative within the Rosemont EIS, legally a requirement of any EIS done under NEPA, is different from the USDA determining that they can reject a mine as a matter of unprecedented national policy. However, Jensen stressed that there would be a linkage.
The 1872 Mining Act declares that mining is a priority for public lands as long as no laws are violated and, to date, the Forest Service has taken the stance that they can only "mitigate"impacts of a mine.
Earlier in the day, Augusta officials and staff met with Jensen and Giffords for two hours. Augusta CEO Rod Pace acknowledged that the mine would run perhaps "25 years" although all discussions of plans to date have addressed a 20 year mine life. Pace said that the ore-body would run out after that, although the Augusta website also promotes ore bodies on 12,000 acres of Forest Service claims on both sides of the Santa Ritas.
Pace claimed that Augusta would use less water than others on the west side of the Santa Ritas where they intend to pump. Pace said Rosemont would use under 6000 acre feet of water ,while FICO pecan orchards pumped over 32,000 acre feet, the Sierrita mine 29,000, local municipalities over 19,000 and ASARCO Mission mine, historically over 7000.
Kathy Arnold of Augusta said Rosemont would submit their hydrological report to the Coronado National Forest within a few days.
At an Elgin Elementary School public meeting FICO co-owner Nan Stockholm Walden said that "first the mine underestimated its water use by saying it has a 20 year life, now its a 25 year life. My husband Dick remembers when other mines in the Santa Cruz Valley said the same thing under oath in court and now they're at 55 years and counting. Mines are unregulated for water use and cannot be denied a state permit"
Augusta VP Sturgess said that Augusta will conclude an agreement within a few weeks with Sahuarita area well owners represented by Tubac attorney Hugh Holub that will allow them to get a new well should the mine pump their wells down and a free pump motor whenever one wears out.
Giffords raised concerns at the mine site over light pollution. Some Augusta officials downplayed the mine impact on light and Sturgess quipped, "there might be a bit of light pollution from Green Valley visible at the minesite."
Mine supporters claimed Giffords was stacking meetings with opponents and she responded that the public had three hours with Secretary Jensen whereas Augusta had two solid hours with him.
In Elgin, rancher Sarah Barkus came close to crying as she said, "I've ranched by La Cienega for 42 years; all ranchers believe in sustainability. The greatest act of wisdom and courage of the forest service can be to take the no action alternative."
During a Jensen and Giffords visit to the Empire Ranch east of the Santa Ritas, Ranch Foundation Administrator Christine Auerbach said that recent analyses of ranch restoration raised concerns that Rosemont mine blasting could hamper restoration of old adobe buildings on the site.
Grijalva District Direct Ruben Reyes announced in Green Valley that Grijalva would be holding a Public Lands subcommittee hearing within the next 30 days on the Grijalva-Giffords on proposed Bill withdrawing Coronado Public Lands from all future mining.
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