Updates

The latest Update to this site is the publication of documents relevant to preliminary alternatives.  Find these document links on the Preliminary Alternatives page.

Preliminary Alternatives Documents Published

The following documents relevant to preliminary documents are now available online.

Preliminary Alternatives (Draft, Deliberative Document)
Issues Driving Alternative Development, Mitigation, and Effects Analysis

Potential Mitigation (Draft, Deliberative Document)
Potential Mitigation Developed during the Identification of Alternatives for the Rosemont Copper Project

Preliminary Alternatives Shared with the Cooperating Agencies Draft, Deliberative Document
A table describing preliminary alternatives

138 Kv Transmission Line Is a "Connected Action"

The 138 Kv transmission line currently under consideration by Tucson Electric Power is considered a "connected action."

As mentioned in the Notice of Intent published in the Federal Register, March 13, 2008, the Forest Service considers "utilities" intended for the proposed Rosemont Copper Project to be connected actions:

"Connected actions related to the MPO (e.g., construction of roads, utilities) will also be evaluated in the EIS, regardless of whether they are proposed to be undertaken on NFS land."

The definition of a connected action under the National Environmental Policy Act can be found in the Council on Environmental Quality's implementing regulations at 40 CFR 1508.  The relevant language is as follows:

"Connected actions, which means that they are closely related and therefore should be discussed in the same impact statement.  Actions are connected if they:

     (i) Automatically trigger other actions which may require environmental impact statements.

     (ii) Cannot or will not proceed unless other actions are taken previously or simultaneously.

     (iii) Are interdependent parts of a larger action and depend on the larger action for their justification."

Scoping Summary Reports #1 and #2 Published

Scoping Summary Report #1 is a summary of the Coronado National Forest’s scoping efforts to solicit comments on the Proposed Action for the Rosemont Copper Project and to characterize the corresponding public participation. It is the first of three reports that describe the scoping and content analysis process. Federal agencies typically prepare one report to document this process. However, due to the the complexity of the Proposed Action and the correspondingly complex public comments, the Coronado National Forest decided to prepare three interrelated reports to more fully explain the scoping and content analysis process for the Rosemont Copper Project. This first report intends to do the following:

• explain the framework for scoping;
• detail the Coronado National Forest's outreach for public participation;
• identify and quantify the types of responses;
• quantify the geographic origin of submittals; and
• summarize the response submittals collected at meetings.

The second scoping report, Scoping Summary Report #2, Theme of Comments, will explain the content analysis process and provide an overview of the prominent themes identified in the public comments. The report will do the following:

• describe the methodology used to process response submissions;
• categorize the comments received during scoping into thematic groupings; and
• list comments grouped by category and subcategory.

Reclamation Plan Now Available on ASMI Website

Find the Reclamation Plan provided by Rosemont Copper Company to the Arizona State Mine Inspector at http://asmi.az.gov/documents_forms/default.asp.

Draft Deliberative Version of "Purpose of and Need for Action" Published

Documents made available to the Cooperating Agencies are also being made available to the public on this website, including a "draft, deliberative" vesion of the "Purpose of and Need for Action."

It is crucial to understand that "draft, deliberative" documents available on this website are "works in progress."  Such documents go through many iterations before inclusion in the published Draft Environmental Impact Statement (DEIS), which is scheduled for completion in November, 2009.

Congressional Briefing Paper (July 20, 2009)

The following "Briefing Paper" was delivered to Arizona Congressional delegations by Coronado National Forest Supervisor Jeanine Derby during the week of July 20th, 2009.

USDA Forest Service
Coronado National Forest
Briefing Paper

July 20, 2009

Issue:  Rosemont Copper Project EIS, Coronado National Forest – A Proposed Copper Mine 

Background:  The General Mining Act of 1872 confers a statutory right to enter upon public lands open to location in pursuit of locatable minerals, and under valid existing mining claims to conduct mining activities, in compliance with federal and state statutes and regulations.  The Multiple-Use Mining Act of 1955 confirms the ability to conduct mining activities on public lands, locate necessary facilities, and conduct reasonable and incidental uses to mining on public lands.  Forest Service mining regulations at 36 C.F.R. Part 228 subpart A, correspondingly recognizes these rights.

In July 2007, the Forest received a Mine Plan of Operations (MPO) from Rosemont Copper Company for a proposed open-pit copper mine operation,  ~30 miles south of Tucson, Arizona.  The proposal includes a 950-acre pit, primarily on private land, with ore processing, waste rock, and tailings located on approximately 3,330 acres of Forest land.  In March 2008, after receiving additional requested information, the proposal was deemed sufficient to initiate analysis under the National Environmental Policy Act (NEPA), and the Forest published a Notice of Intent to begin scoping (public involvement).  The scoped MPO is the starting point in the Environmental Impact Statement (EIS) process under NEPA.  Feasible alternatives which allow the claimant to reasonably exercise their statutory rights and vested property rights in minerals, while seeking to minimize adverse environmental impacts on National Forest surface resources, are also considered in the process.  Comments were accepted for 120 days at 6 open-house information meetings, 3 oral hearing meetings, and by mail, e-mail, fax, and phone.  Over 11,000 comment submittals were received (~78% were form letters).

The Forest chartered the U.S. Institute for Environmental Conflict Resolution to establish and manage a public working group, to complement the EIS process.  After conducting a stakeholder assessment, the Institute announced that such an effort would not be productive or effective.

Cooperating agencies are those with jurisdiction by law or special expertise.  Twelve agencies have signed MOU’s to cooperate (Air Force, Army Corps of Engineers, AZ Game and Fish, AZ Environmental Quality, AZ Mines and Mineral Resources, AZ Water Resources, AZ Geological Survey, AZ State Land, AZ State Parks, Pima County, City of Tucson, and Town of Sahaurita).  Five entities have cooperating agreements in review  (BLM, AZ State Mine Inspector, AZ Dept. of Transportation, Smithsonian Institute (Whipple Observatory), and Tohono O’odham Nation). 

Current Status:  With assistance from the U.S. Institute for Environmental Conflict Resolution, a web-based searchable database of the comments received during scoping is available at www.RosemontEIS.us.  Reports summarizing the scoping effort will soon be available.

The Forest continues to work on refining issues, drafting alternatives, and exploring potential effects.  Cooperating agencies are contributing to these efforts.

A Draft EIS is scheduled for November 2009, followed by a 90-day comment period that includes three oral hearing meetings.  A Final EIS is scheduled for July 2010.

Although the Forest Service may reasonably regulate mining activities to protect surface resources, there are statutory and constitutional limits to its discretion when reviewing and approving a MPO.  The Forest Service cannot categorically prohibit mining activity or deny reasonable mineral operations under the mining laws.  Selection of a no-action alternative is outside the discretion of the Responsible Official.  In practice, the Forest Service works with the mining applicant to develop an acceptable legally-compliant MPO as an alternative to be considered during the NEPA process, thereby precluding selection of the no-action alternative. 

Contact:  Beverley Everson, Rosemont Copper Project EIS Team Leader (520) 388-8428.

 

"Cooperating Agency" FAQ Published

Cooperating Agencies are now participating with the Forest Service in the process of developing an Environmental Impact Statement for the proposed Rosemont Copper Project.  Learn more by reading our new Frequently Asked Questions (FAQ) about Cooperating Agencies.

Next Steps (July 10, 2008)

 

 

Summer/Fall 2008
As the formal scoping comment period concludes (July 14, 2008), the National Environmental Policy Act process moves into an ongoing multifaceted focused collaboration between the Forest Service, members of the public, and other government agencies. The monologue of public hearings is expanded through focused dialogue and collaboration.

Publish Scoping Report on Extent of Public Participation. This report will provide statistics quantifying the results of the scoping comment period that profile the extent of public participation. It will also address things such as the number of comments submitted in total, and by each different method and meeting; which comment methods and meetings solicited the most or least comments; and any insights we have gained on the nature of the public participation. This report is planned to be available by mid-August.

Prototype Work Group on content analysis process.
The Forest will engage a public workgroup to review and validate the categorization process for managing the comments received and the content analysis process. The prototype work group may become a model for other work groups that grow with the process, perhaps organized and chartered by other governmental or non-governmental entities. The prototype work group should be established in August.

Identify and Invite Cooperating Agencies. The Forest will expand its ongoing dialogue with other agencies by identifying and inviting appropriate federal, tribal, state, and local governments that have jurisdiction or special expertise to be cooperating agencies. Currently, four federal agencies are believed to have such jurisdiction or special expertise. The Forest is outreaching and assessing the potential to invite additional cooperating agencies. Cooperating agency participation is expected to begin in September and be ongoing.

Publish Scoping Report on Theme of Comments.
Categorize individual comments, using a content analysis process, and then group similar comments together to develop comprehensive thematic statements that will serve as the foundation for later determining the issues, alternatives, and effects to be studied in the environmental impact statement. This report is planned to be available in September.

Public Workgroups on Scoping Results. Using the Scoping Report on Theme of Comments, the Forest will collaborate with public workgroups to validate what we heard and learned through the scoping comments. The objective would be to share our findings and ask: “Did we get it right?” “Is a refinement or clarification necessary?” or “Did we miss something?” This effort would be expected to begin in October.

Publish Scoping Report on Comment Disposition. This report would address how the comprehensive themes would be treated in the environmental impact statement. For example, they may be used to generate issues, develop alternatives, identify data needs, and frame further analysis. This report is expected in late fall, followed by additional public involvement.



This update is not intended to be an exhaustive description of the NEPA process. Many other concurrent activities will occur as the draft environmental impact statement is developed.