Even as an Army Corps of Engineers decision nears on a Clean Water Act permit for the proposed Rosemont Mine, the conflict over that permit could be a long way from being over.
A permit approval by regional Corps officials could provoke an effort by the Environmental Protection Agency — long critical of Rosemont — to have the matter elevated to the agency’s Washington, D.C. offices.
A permit denial could trigger an appeal by Hudbay Minerals Inc., the Toronto-based company seeking to build the mine in the Santa Rita Mountains southeast of Tucson. Either way, the road to a final decision could be long, and spark a lawsuit.
The Forest Service is likely to decide separately on the mine’s operating by the end of this summer, Coronado National Forest Supervisor Kerwin Dewberry said. If the service decides to approve the mine, the EPA could also decide to refer the issue to the Council on Environmental Quality for further review, and a decision could be kicked up as high as the White House.
In a recent interview, Dewberry said he’s not necessarily going to wait for a Corps decision before making his own. But he said he would want to see the Corps’ analysis of the mine, adding: “I’m not saying I won’t wait. I’m saying my decision is not contingent on their decision.”
Here’s a summary of the process for the Corps:
- The Corps’ Los Angeles District Office commander makes a recommendation that the permit be approved or denied.
- If it’s to approve the permit, that office sends a draft permit by overnight mail to the EPA’s regional Wetlands Division director in San Francisco.
- The EPA’s regional administrator has 15 days to accept the Corps’ recommendation or elevate it to the assistant secretary of the Army for Civil Works.
- If the EPA regional administrator decides to elevate the issue, the agency’s national Office of Water administrator has 30 days to request the assistant Army secretary either continue the review or decide that no further review is needed.
- After another 30 days, the assistant Army secretary instructs the Corps’ South Pacific Division commander to make a final decision, either in accordance with any guidance that the assistant secretary hands down or in accordance with specific federal rules. A decision based on a guidance could take several weeks to several months, while a decision based on specific rules would take up to 10 days.
If the Corps’ L.A. District commander decides to recommend denial, the process goes as follows:
- The Corps’ South Pacific District commander can approve or deny the permit.
- If it’s denied, Rosemont can request an appeal within 60 days by a Corps review officer.
- That officer has 30 days to accept or deny the request.
- If the officer determines the request isn’t acceptable, Rosemont must revise its appeal. If the officer accepts the appeal request, an appeal conference is held within 60 days from the time that request was received.
- The review officer has 90 days to decide on the appeal from the time the acceptable request is made.
