June 23, 2014
Colonel Kimberly M. Colloton, PMP
Los Angeles District
U.S. Army Corps of Engineers
915 Wilshire Blvd.
Los Angeles, CA 90017
RE: Continued delays by Corp of Engineers of Rosemont Copper Project acquisition of the 404 permit
Dear Colonel Colloton,
On behalf of over 40,000 men and women whose livelihood depend on the mining industry here in Southern Arizona, thank you in advance for your attention to this letter in of support for Rosemont Copper’s acquisition of the 404 permit. The following points reflect an overwhelming frustration of the special conditions being required by the Corp of Engineers of this process of approval of the 404.
The U.S. ranks close to the bottom of places to open a mining project and do business. Canada’s permitting process is about 2 years and Mexico can permit a mine in 1-2 years. Each has a responsible and reasonable environmental permitting process with many of the same requirements.
The appearance of the Corp to leverage political capital from the extreme environmental and political community appears significantly to be in play here and these constant delays by our governmental agencies are costing jobs and extending the mistrust the general public has in our governmental agencies. As an Officer in the United States Army, we’d expect more leadership and integrity in the Corp’s role in processing of this application. If our own government cannot work with the economic engines that provide the jobs, economic security in a reasonable and respectful manner, than this great nation is in real trouble. We urge you to take the leadership role to complete these negotiations with the applicant and issue the 404 permit in the most expeditious manner possible. This has gone on for too long and the cost of delays to our local economy in the multi millions.
Our regional unemployment and under employment is over 25% with a poverty level over 20%. Between the EPA, the Corps of Engineers, Fish and Wildlife Service, and the Forest Service this process has extended way beyond any reasonable time frame and people are starving for work.
According to 4 § 320.4 General policies for evaluating permit applications.
Public Interest Review.
The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impact which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case.
The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.
Without question or hesitation does this project serve the Public’s best interest? Yes; this project serves the public’s best interest. The long and arduous process to acquire all the permits required (over seven years, untold number of studies, 15 public hearing and thousands of hours invested by all parties, including 17 cooperating agencies) shows Rosemont Copper has met or exceed all Federal, State and local obligations.
Mining is an integral part of our Southern Arizona’s economic and social stability. The mines, University of Arizona Department of Mining & Geological Engineering and supporting industries provide economic stability, education, scholarships and community support to hundreds of charities.
This isn’t just about a mine, it’s about a Mind Set. We understand and respect reasonable rules and regulations of our valuable resources, but again, the excessive reach by the agencies that regulate these seem to extend way beyond reasonable.
Again, thank you for your time and we look forward to your issuance of a responsible decision in support of the 404 permit.
Bill Assenmacher Rick Grinnell
President Vice President
Southern Arizona Business Coalition Southern Arizona Business Coalition
Cc: Honorable John McCain, US Senator, Arizona
Honorable Jeff Flake, US Senator, Arizona
Honorable Ron Barber, US Representative, District 2, Arizona
Honorable Raul Grijalva, US Representative, District 3, Arizona
Honorable Ed Pastor, US Representative, District 7, Arizona
Honorable John McHugh
Honorable Jo-Ellen Darcy
Gina McCarthy, Administrator of the U.S. Environmental Protection Agency
Jared Blumenfeld, Regional Administrator, Region 9-U.S. Environmental Protection Agency
Rick Grinnell was interviewed by Jon Justice on June 24th to discuss the latest regarding Rosemont. Copy and paste the link and scroll to the bottom of the page. Click on the radio link to listen.
ADEQ shows a better way for environmental permitting and protection
In a previous post, “How NEPA crushes productivity,” I wrote about the National Environmental Policy Act (NEPA), a byzantine Federal bureaucratic maze that stifles productivity. The length, complexity and uncertainty of the permitting process of NEPA now takes a mining company about 10 years to obtain the necessary Federal permits for a major project. That puts the U.S. at a competitive disadvantage since other countries are more efficient in this regard. For instance, permitting time in Canada and Australia is typically less than two years.
In contrast to the Federal NEPA process, ADEQ has a process that gets the job done much more efficiently and now ADEQ is striving to make it even better. The ADEQ system should be a model for the Feds.
I asked ADEQ Director Henry Darwin some questions about the philosophy and workings of ADEQ:
Wryheat: 1. What advancements in regulations and permitting time lines has ADEQ made recently?
ADEQ has applied “Lean techniques” to its permitting processes and is now making permitting decisions much faster. Permits that previously required 18 months to process are now being processed in less than a year. Certain interim permitting steps, administrative review for example, previously took up to 60 days and can now be completed in a single meeting.
Wryheat note: “Lean techniques” according to Wikipedia “is a production practice that considers the expenditure of resources for any goal other than the creation of value for the end customer to be wasteful, and thus a target for elimination. Working from the perspective of the customer who consumes a product or service, ‘value’ is defined as any action or process that a customer would be willing to pay for. Essentially, lean is centered on preserving value with less work.”
Wryheat: 2. Do you believe that economic activity, especially mining, can co-exist with good environmental stewardship? If so, how?
I have long believed environmental protection and economic development go hand in hand. It is a little recognized fact that poor countries and countries that are emerging from poverty have the most difficult time protecting the environment. The converse is also true; a strong economy provides society the wherewithal to protect the environment. As a result, the best indicator of a healthy natural environment is often a healthy economic environment.
Wryheat: 3. To some, mining and environmental quality are opposites. How does ADEQ reconcile the apparent conflict?
This is a false choice. Prudent use of natural resources and environmental protection are not at odds. Conflict between the two only arises at the extreme of either activity, and legal protections exist to minimize mining’s adverse impacts. ADEQ doesn’t get to decide whether a mine opens, but through our permitting processes, we ensure mining operations occur in an environmentally responsible way that limits harmful emissions to our air, water and soil. It’s worth noting, as important as the mining industry is to Arizona’s economy, our state leaders recognized the value in protecting our precious natural resources. This is why they passed the Environmental Quality Act in 1986, which not only established ADEQ as a separate, cabinet level agency, but also created the Aquifer Protection Permit program, the first comprehensive groundwater protection program in the nation. As a result, every mine that operates in Arizona must obtain a permit that ensures groundwater is protected.
Wryheat: 4. What do you regard as the minimum time for ADEQ to vet a major project and what does the process consist of?
In the recent past we have permitted several large projects in as little as six months, but timeframes are project-specific and providing a general timeframe would be subject to error. We encourage any party who is planning a major project to visit with us to establish a plan for expeditious permitting. An expeditious process consists of the following major steps:
Pre-Application Meeting: Face to face pre-application meeting
Administrative Review: A real time and face to face administrative review meeting to make sure the applications is complete
Substantive Review: Regular phone contact between the ADEQ permit writer and the applicant’s consultant during substantive review
Applicant Review of Permit Conditions
Public Comment Response
Wryheat: 5. Does ADEQ regard itself, in its role of protecting the environment, a partner of business or a strict watchdog, or both? How is that reconciled?
As I said in my response to Question 2, above, a strong economy and safe, healthy environment are not adversarial. In fact, one of our agency’s strategic goals is to support environmentally responsible economic growth. Companies that do business in Arizona often require our products and services (permits, or example) in order to operate. Such companies are, in fact, our customers, and ADEQ must deliver value as our customers define it. This doesn’t mean we give our customers everything they want, because the customer is not always right. We have shareholders, too, namely taxpayers, who require a solid return on their investment; they want clear skies, clean water and land that is safe to roam, work and play. There must always be a healthy balance between delivering customer value and providing that solid return on investment for Arizona taxpayers.
I asked some representatives of the mining industry about their perception of ADEQ.
From Kathy Arnold, VP Environmental & Regulatory Affairs, Rosemont Copper Company:
ADEQ has made great strides with permitting both in setting specific requirements and in setting specific timeframes. This gives businesses the certainty necessary for determining timeframes. ADEQ has been working on developing processes and rules for programs and their stakeholder system allows people to give input necessary so rules can be fully vetted and understood before implementation. The overall process for permits is fair and can be followed without political interference. The enforcement of the rules and permits is tough but again fair.
From Steve Trussell, Executive Director, Arizona Rock Products Association:
The ADEQ has recently worked on several projects that have been of key interest to citizens of our state in terms of air and water quality, but two that come to mind as of late are efforts to respond to components of Governor Jan Brewer’s Four Cornerstones Document which was presented at the State of the State Address in January of this year.
The ADEQ began the laborious task of process waste reduction regarding the amount of steps it takes to get a permit out the door by reducing licensing time frames. ADEQ hosted events which included stakeholders in order to identify the factors that arise in permitting that could be potentially holding up permit approvals. Permitting can be a challenge depending on the specific project and the current regulatory requirements and is a key factor in business investment in Arizona. ADEQ has employed LEAN process improvements that have and will continue to reduce permitting delays for both air and water permitting and will be implementing the lessons learned across the boards and within all sections of the agency. The agency reports that processing times have been reduced by one-third and have allowed companies to allocate valuable resources elsewhere.
Additionally, the ADEQ will further enjoy expeditious submittals, approvals and reporting compliance as a result of their proposed e-portal which will allow the agency to move in a paperless direction. The portal will enable a permitted source to track, report and submit payment on all of their various permits with the agency, and all in one place. A process that once required a tremendous amount of time and effort from a record keeping and delivery standpoint would now be possible at the project site.
These are merely a few examples of progressive steps the ADEQ has taken to be protective of the environment while addressing time and resource sensitivity of Arizona’s businesses. Governor Brewer had this to say about the initiative, “The completion of this project, with its cost savings, convenience, and compliance assistance, will be a boon to business regulated by the ADEQ and help attract new business to Arizona” and the members of the Arizona Rock Products Association. couldn’t agree more. All business organizations regulated by the ADEQ should encourage the legislature to support this laudable effort.
Mr. Darwin sent me some information on the proposed e-portal Mr. Trussel mentioned. The new site will be called MyDEQ. The program “will funded through existing revenue ($10 million) from the Vehicle Emissions Inspections Fund.”
Here are some highlights of the proposed program:
The Federal government should take notice of ADEQ methods and try to emulate them.
Below is an article and video of Southern Arizona’s brightest GEM. Dr. Mary Poulton is a humble yet passionate advocate of her profession.
Thank you Dr. Poulton for all you do.
Mining the Future
Posted on: February 2, 2011 in Research & Discovery
On December 9, 2010, Mary Poulton, PhD, was officially inducted as a Distinguished Professor, one of the highest honors a UA professor can achieve. But if you ask the head of the UA Department of Mining and Geological Engineering and director of the new Lowell Institute for Mineral Resources what inspired her to this life of achievement, she’ll tell you, straight up: it all started with a simple box of rocks.
Distinguished Professor Mary Poulton shows off a favorite sample, a selection from her collection that still has all the magic of her childhood box of rocks.