Save the Scenic Santa Ritas
Gayle Hartmann, President
8987 E. Tanque Verde #309-157
Tucson, AZ 85749
520-445-6615
[email protected]
OFFICE OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF ADMINISTRATION FOR
THE STATE OF ARIZONA
Save the Scenic Santa Ritas
Appellants
No. 12-002 WQAB
No. 12-003 WQAB
No. 12-004-WQAB
v.
(Consolidated)
DEPARTMENT OF ENVIRONMENTAL
QUALITY,
Respondent
v.
ROSEMONT COPPER COMPANY,
Intervenor and Respondent
RESPONSE FROM SAVE THE
SCENIC SANTA RITAS TO
ROSEMONT COPPER
COMPANY’S MOTION
TO DISMISS JOINDER TO
APPEAL
Under authority of A.A.C. R2-19-106(D), We, Save the Scenic Santa Ritas (“SSSR”),
respond to Intervenor/Respondent Rosemont Copper Company’s motion to dismiss our Joinder
in the Notice of Appeal filed by Gregory C. and Carol A. Shinsky.
ARGUMENT:
1.
Save the Scenic Santa Ritas (SSSR) was formed in 1996 with a mission to protect the
scenic, aesthetic, recreational, environmental and wildlife values of the Santa Rita Mountains,
Patagonia Mountains, Canelo Hills and San Rafael Valley through education and outreach,
including protection of these areas from degradation due to mining activities. We are especially
concerned with protecting public lands within these areas and believe these lands have a much
greater value to the region when preserved for the above-mentioned purposes rather than their
mineral extraction value. We lead the public opposition to the proposed Rosemont mine, with
endorsements from a large and diverse coalition of nearly 100 community groups, organizations
and businesses, representing over 80,000 individuals living in the communities of Green Valley,
Patagonia, Sahuarita, Sonoita, Tucson, Vail, as well as individuals visiting as tourists from other
regions of the country and the world who enjoy this world-class birding and recreational area
(see http://www.scenicsantaritas.org/about-us/endorsements). As a 501(c)3 organization, we
regularly receive donations from many individuals who expect us, on their behalf, to continue
our work to protect the Santa Rita Mountains and surrounding areas from the harmful impacts of
mining.
Rosemont claims there is not a “reasonable probability” that our organization and the various
groups and individuals we represent will be affected by their action; however, it is completely
incorrect to say that our organization and members would not be affected by this permit, and in
general, the proposed mine plan of operations. Rosemont’s claim is incorrect for the following
reasons:
•
The mine plan of operations clearly states that it would use roughly 3,500 acres of public
land (land that SSSR has been actively working to protect since 1996) within the
Coronado National Forest (CNF) to construct part of the pit and the nine facilities the
APP would regulate. Those acres and adjacent lands in the CNF are currently used by our
members for various recreational purposes, including bicycling, hiking, camping,
equestrian activities, picnicking, photography, birding, caving, hang gliding, rock
hounding, wildlife study, ATV riding, amateur astronomy, botany, geocaching,
orienteering, running and hunting. Many of our members have developed a deep
appreciation for the spiritual value the area has to offer, and rely on the area as a
component of their personal spiritual wellness. Our members depend on a fully functional
ecosystem within which to live, work and recreate. The granting of this permit would
lead to the impairment of this ecosystem, with immeasurable negative impacts to the
economic, environmental and spiritual wellbeing of our members.
•
If the APP is approved as written with no discharge limits set, contaminants could make
their way into area ground water and downstream water resources for many months
before a problem is identified and limits are set. The area that is “down-gradient” from
the proposed site is not currently adequately defined and the facility composition itself
has yet to be finalized. Analysis of potential extreme weather events suggests harmful
contaminants could very well make their way into downstream water resources, the outer
limit of which is also not defined. People and biological resources impacted would
include those immediately down-gradient to the proposed facility, but also could have
impacts as far as Tucson and beyond. Many of our members reside, work and recreate in
close proximity to the proposed facility as well as in the greater Tucson Basin, which in
2008 served approximately 744,000 people, and is projected to serve 990,000 people by
2030 (see Arizona Department of Commerce. 2009. Arizona population estimates, 2009).
Most certainly, no matter how the area down-gradient of the proposed site is defined,
contaminants could impact the very environments of the Santa Rita Mountains it is our
mission to protect. Contamination would result in habitat loss for wildlife as well as an
enormous and expensive cleanup effort to protect the greater Tucson area water supply.
•
The APP concedes the likelihood of the open pit having a dewatering effect, noting that
area springs will dry up, and SSSR members living in this area will likely need to
increase the depth of their wells, and may eventually see their wells dry up completely.
The dewatering effect will impact the entire Rosemont Valley and adjacent areas within
the CNF, with a ripple effect on all of the people, land, air, wildlife and water SSSR is
working to protect. Numerous endangered, threatened, candidate, and sensitive species
would be negatively impacted by the proposed activities. Impacts to wildlife species
would occur through habitat loss and potential direct mortality. Loss of biodiversity in the
area will result in degraded scenic and ascetic experiences for our members who live,
work and recreate in the area.
•
Degradation from changes in groundwater discharges due to the issuance of this permit
would have major socioeconomic impacts on our members in southern Arizona. As
suggested by Dr. Tom Power (The Failure of the Rosemont Mine DEIS to Adequately
Analyze the Socioeconomic Impacts of the Proposed Mine – see
http://www.scenicsantaritas.org/PowerCritiqueFinal.pdf) “the commercial development
of National Forest lands in a way that damaged the natural amenities those lands
provided, could damage the local economy, leading to both lower levels of economic
development and lower levels of economic well-being for residents.” The bottom line:
changes in groundwater discharges and dewatering in the area as a result of this permit
would impact the landscape amenities of the Santa Ritas, one of the special places that
makes Tucson and surrounding communities a great place to live and work. Loss of
landscape amenities such as this would result in fewer of our members living, doing
business, and recreating in the area, and in time, could offset much of, if not all of the
alleged economic benefits the mine is purported to bring to the greater Tucson area.
Groundwater discharges and dewatering as a result of this permit would negatively impact the
Santa Rita Mountains. Our objective is to protect these mountains and the surrounding areas. The
proposed mine, and the issuance of the APP, would result in a loss of biodiversity and
degradation to scenic, aesthetic, spiritual, recreational, environmental and wildlife opportunities,
which in time would most certainly negatively impact the socioeconomic and overall well-being
of our members.
To date we have submitted comments and testimony to various agencies during the public
comment periods for each required permit. Specifically, we submitted comments on the proposed
APP to ADEQ dated February 3, 2012. We have been engaged in the NEPA process with the
CNF from the beginning, and submitted comments and testimony during scoping and on the
draft environmental impact statement, draft Clean Water Act permit, Rosemont’s application to
Pima County for the Air Quality permit and the proposed permit for Rosemont’s transmission
line.
2.
We have reviewed and agree with the arguments set forth in the Amended Notice of
Appeal filed by Gregory C. and Carol A. Shinsky. Our interests and concerns are aligned with
theirs. We believe that we should be allowed to join their appeal.
3.
We request that approval of the APP be suspended until this appeal is resolved.
4.
We request oral argument under A.A.C. R2-19-160(E).
CONCLUSION AND RELIEF REQUESTED:
We believe based on this long-standing involvement and the probability that we will be
affected by the proposed action that our joinder is appropriate and proper. We
RESPECTFULLY REQUEST THAT ROSEMONT COPPER COMPANY’S MOTION TO
DISMISS OUR JOINDER TO THE SHINKY’S APPEAL BE DENIED.
6/25/2012
DATE:____________________________
SIGNED:_______________________________________
GAYLE HARTMANN
President, Save the Scenic Santa Ritas
ORIGINAL of the foregoing was
Electronically filed this
25th day of June, 2012, with:
Office of Administrative Hearings
1400 West Washington Street, Suite 101
Phoenix, Arizona 85007
http://portal.azoah.com/oedf/
Thomas Shedden
Administrative Law Judge
Office of Administrative Hearings
1400 West Washington Street, Suite 100
Phoenix, Arizona 85007
Toni Towne, Clerk
Arizona Water Quality Appeals Board
Management Services Division
100 N. 15th Avenue, Suite 202
Phoenix, Arizona 85007
Email: [email protected]
Leslie Kyman Cooper
Assistant Attorney General
Office of the Attorney General
1275 West Washington Street
Phoenix, Arizona 85007-2926
Email: [email protected]
Attorney for ADEQ
Lorena Ayala
Office of Administrative Counsel
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, Arizona 85007
Email: [email protected]
Richard Mendolia
Arizona Department of Environmental Quality
Mining Unit, Groundwater Section
1110 West Washington Street
Phoenix, Arizona 85007
Email: [email protected]
Christopher Munns
Assistant Attorney General
Solicitor General’s Office
1275 West Washington Street
Phoenix, Arizona 85007
Email: [email protected]
COPY of the foregoing emailed
this 25th day of June, 2012, to:
Harlan C. Agnew
Deputy County Attorney
Pima County Attorney’s Office
32 N. Stone Avenue
Tucson, Arizona 85007
Email: [email protected]
Nan Stockholm Walden
Richard S. Walden
P.O. Box 7
Sahuarita, Arizona 85629
Email: [email protected]
Email: [email protected]
Gregory C. and Carol A. Shinsky
15791 E. Hilton Ranch Road
Vail, Arizona 85641
Email: [email protected]
G. Van Velsor Wolf Jr.
Snell & Wilmer L.L.P.
400 East Van Buren Street
Phoenix, Arizona 85004-2202
Email: [email protected]
Attorney for Appellants
Norman D. James
Todd C. Wiley
Fennemore Craig, P.C.
3003 North Central Avenue
Suite 2600
Phoenix, Arizona 85012-2913
Email: [email protected]
Email: [email protected]
Attorneys for Intervenor-Respondent
COPY of the foregoing emailed
or mailed this 25th day of June, 2012, to:
Rosemont Copper Company
P.O. Box 35130
Tucson, Arizona 85740
Rosemont Copper Company
4500 Cherry Creek South Drive
Suite 10140
Denver, Colorado 80246
Sarah Barchas
High Haven Ranch
P.O. Box 246
Sonoita, Arizona 85637-0246
Melanie Emerson
Sky Island Alliance
300 East University Boulevard, Suite 270
Tucson, Arizona 85705
[email protected]
Arizona Mining Reform Coalition
P.O. Box 43565
Tucson, Arizona 85733
[email protected]
Gayle Hartmann
Save the Scenic Santa Ritas
8987 E. Tanque Verde, #309-157
Tucson, Arizona 85749
[email protected]
Josef E. Marlow
Sonoran Institute
44 East Broadway Boulevard, Suite 350
Tucson, Arizona 85701
[email protected]
Randy Serraglio
Center for Biological Diversity
P.O. Box 710
Tucson, Arizona 85702-0710
[email protected]
Dino J. DeConcini
2335 E. Elm Street
Tucson, Arizona 85719
[email protected]
Elizabeth B. Murfee DeConcini
2335 E. Elm Street
Tucson, Arizona 85719
[email protected]
Thomas F. Purdon
706 E. Bent Branch Place
Green Valley, Arizona 85614
[email protected]
Arnold B. Urken
1104 N. Rams Head Road
Green Valley, Arizona 85614
[email protected]
Carolyn Campbell
Coalition for Sonoran Desert Protection
300 East University Boulevard, Suite 120
Tucson, Arizona 85705
John M. Kozma
2468 East Overview Lane
Green Valley, Arizona 85614-6245
James and Sherry Pepper
P.O. Box 1326
Sonoita, Arizona 85637
David S. Steele
1661 N. Swan, Suite 116
Tucson, Arizona 85712
Steven Pawlowski
Sierra Club – Grand Canyon Chapter
202 East McDowell Road, Suite 277
Phoenix, Arizona 85004-4536
Stanley R. Hart
4671 East Madera Vista Road
Green Valley, Arizona 85614