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 β long critical of Rosemont β to have the matter elevated to the agencyβs 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 mineβs 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 heβs not necessarily going to wait for a Corps decision before making his own. But he said he would want to see the Corpsβ analysis of the mine, adding: βIβm not saying I wonβt wait. Iβm saying my decision is not contingent on their decision.β
Hereβs a summary of the process for the Corps:
- The Corpsβ Los Angeles District Office commander makes a recommendation that the permit be approved or denied.
- If itβs to approve the permit, that office sends a draft permit by overnight mail to the EPAβs regional Wetlands Division director in San Francisco.
- The EPAβs regional administrator has 15 days to accept the Corpsβ 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 agencyβs 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 Corpsβ 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 Corpsβ L.A. District commander decides to recommend denial, the process goes as follows:
- The Corpsβ South Pacific District commander can approve or deny the permit.
- If itβs 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 isnβt 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.
