Rosemont mine timeline pushed back

The Coronado National Forest on Friday said they will release a draft environmental impact statement (EIS) on the Canadian-based Augusta Resource’s proposed Rosemont Mine in the Santa Rita Mountains by the end of the second quarter of 2010.

Spokeswoman Heidi Schewel confirmed that after receiving public comment on the draft EIS they would be seeking to release a record of decision approving or denying the mine as proposed by the end of 2010.

Previously, Coronado intended to release a final EIS this fall.

The dates are consistent with those discussed by Deputy Undersecretary of Agriculture Jay Jensen when he visited Green Valley in October accompanied by Rep. Gabrielle Giffords, D-Ariz. At that time Jensen suggested that USDA, which is in charge of the Forest Service, and the Coronado would seek to release a draft EIS by June.

Jensen said that the draft EIS, among many other things, will evaluate the legal grounds by which the mine might not be approved to operate.

There are many potential areas in question at Rosemont that may be evaluated within and outside of the National Environmental Policy Act (NEPA) that governs the writing of an EIS before a record of decision can be made. he Forest Service has, to date, taken the legal position that they can only require that the impacts of a mine be “mitigated” under the 1872 Mining Act.

Other legal authorities, and other administrations, have believed that there may be a number of legal grounds that could determine that a large open pit mine would have to promise in an EIS more than it can deliver in practice. Examples could be that certain perennial sources of water are not dried up and/or that it could never pollute ground or surface water. If these could not be guaranteed, then the mining impacts could not be mitigated.

Giffords and U.S. Rep. Raul Grijlava, D-Ariz., have also asked the USDA that Rosemont claims be validated to determine that they either are profitable for mining and if so that they will be used for mining and not for processing ore. The majority of Rosemont claims are to be used for tailings disposal. Additionally, Grijalva and Giffords have cosponsored legislation to withdraw land in the Coronado National Forest including Rosemont claims from future mining.

If the legislation passes, then all of Augusta claims will require the validation described above. Issues of claim validity are separate from an EIS, but can impact the Record of Decision to approve or deny mining.