January 14 was the last open meeting with the forest service concerning the draft EIS for the proposed open pit copper mine in the Coronado National Forest in the Santa Rita mountains. The number attending and participating in the discussion would be estimated to be between four and 500 people.

Rosemont supporters heckle Mr. Barber

Many of those in attendance supporting the Rosemont copper mine demonstrated a rudeness to a level unprecedented in any other meeting concerning the mine. It would have been bad enough if that rudeness had been directed to someone who deserved it but instead the rudeness was directed to Ron Barber, representative of our federal Congresswoman Gabrielle Giffords and a gentleman who was became well-known for his attempts to foster civility in politics. January 15 he was honored for his family’s creation of the fund for Civility, Respect, and Understanding which made the occurrence of January 14 a perfect example of what he is fighting against.

To those who booed, harassed and heckled I give to you a platform for your shame and I leave to Mr. Barber your forgiveness because I will not. You were heckling not simply a member of the audience but you were heckling a representative of a federal congresswoman who sent him to read her statement as she was probably simply unable to. She and Mr. Barber were injured doing what few politicians today have the courage to do, to meet and interact with their constituents. For doing that they almost lost her lived. I am unable to understand or comprehend in any manner the level of stress that the Rosemont supporters placed on Mr. Barber with their heckling, screaming and total disrespect.

I listened as many of you, supporters of Rosemont, bragged on how many years you have lived in Arizona or how many generations of your forebears have lived in Arizona. For that I am ashamed that none of you had parents that to achieve decency, kindness and social graces. We may disagree but neither of us have the right to behave as you did Saturday.

To those of you who are interested I am attaching a 7 min. video, audio showing the disrespect. Perhaps many of you seeing yourself or listening to yourself as you screamed while Mr. Barber tried to deliver congresswoman Giffords statement can show it to your friends, neighbors and family and show them how proud they can be of your behavior, personality I found abusing, childish and totally past the limit.

I also believe, that like children, when you bring someone to a party and they misbehave you are responsible for their apology. I hold Rosemont copper to the same standards as I would hold a parent who does not control their children therefore it makes sense, at least to me, the Rosemont publicly apologize for those that they invited to attend.

Hundreds of area residents opposed to the proposed Rosemont open-pit copper mine in the Santa Rita Mountains near Tucson, Ariz., swarmed a public hearing Saturday held by the Coronado National Forest. Dozens of speakers outlined a litany of concerns with the project, including air and water pollution and other health hazards, depletion of groundwater supplies, negative economic impacts, traffic hazards and the destruction of thousands of acres of national forest that include a major wildlife movement corridor and habitat for several threatened and endangered species.

“Southern Arizona residents clearly don’t want this dangerous and polluting mine,” said Randy Serraglio, a conservation advocate with the Center for Biological Diversity. “The people living nearby, who would be most directly affected by the Rosemont mine, are vehemently opposed. They don’t believe Rosemont Copper’s empty promises and they certainly don’t want the massive pollution and destruction of public lands that are part of the deal.”

The Forest Service again displayed questionable judgment in how it’s conducting the public process.

“Last week, the Forest Service allowed the company’s supporters to show up early and stuff the comment box to ensure that their speakers monopolized the microphone,” said Serraglio. “This week, local residents showed up early with cards filled out so we’d have a chance to speak, but found the doors locked in our faces. The Coronado tried to pull the rug out from under us again by changing the rules.”

Regardless, only two of the first 30 speakers spoke in favor of the mine. The rest cited a host of concerns with the proposal, including: the massive volume of precious groundwater it would use, public health concerns over air and water pollution, unproven technology being touted by the company, and damage by large-truck traffic to a state-designated scenic highway that is the economic lifeblood of the Sonoita-Patagonia area near the mine.

Opponents also assailed the “draft environmental impact statement” as incomplete and badly flawed.

“The Forest Service’s draft analysis of this project downplays or ignores just about every concern about public health, the environment and wildlife,” said Serraglio. “But no matter how much lipstick the Forest Service and Rosemont Copper put on this project, it’s still a pig.”

Center for Biological Diversity news release

Greaterville Fire general

May 2, 2011 a fire was started in the Greaterville area by an employee of Rosemont copper. The fire investigation should have been a straightforward short process. The president and CEO of Rosemont copper, Mr. Rod pace, admitted the fire began by a welder employed by Rosemont. From the information available that welder was working by himself during one of the worst fire seasons in Arizona’s history. The report from Rosemont copper stated that welder was working on a broken bracket at a well site, why did not the welder use the water available to pre-soak the work area. That fire consumed approximately 2200 acres before being extinguished.

Bracket welded

I began my request for information from the United States Forest Service Law Enforcement Division and was told they could make no commentas it was an active investigation. That was five months after the fire. My next contact was Mr. Jim Upchurch, Forest supervisor of the Coronado national Forest. He referred me to the Phoenix office of the United States Attorney’s office with the comment “The case that you mentioned is at the US Attorney’s Office for review.  We would not release any information concerning this case without their approval. ”

After several days of trying to contact Phoenix office, with little success, I was told by an employee that the United States Attorney’s Office could neither confirm nor deny that such a case existed. Eventually I was able to contact Mr. Manuel Turango, the Public Affairs Officer in the Phoenix United States attorney’s office. Initially his response was that he would have to give me the same response the previous employee had given me, “We can neither confirm nor deny that such a case exists.” When I informed him that I had been referred by Mr. Jim Upchurch his response was “who is Mr. Upchurch?” I told Mr. Turango he was the Forest Supervisor of the Coronado national Forest and the head of the office that submitted the case to the United States Attorney’s office. Mr. Turango Then informed me that he would have to check into it. Mr. Turango contacted me one time to inform me that he was checking it out.

That was the last contact I had with Mr. Turango despite several phone messages and e-mails.

Many of us are aware of the term Catch 22, this seems to be a fine example of Catch 22 as you can find no information from the forest service nor from the United States Attorney’s office because of the continuing investigation. It would seem to be less nefarious and suspicious if someone, anyone associated with our Federal Government simply said “Rosemont started the fire.”

The granting of the permits for the proposed open pit copper mine is contingent upon many requirements. One of those requirements is to follow and obey all relevant state and federal regulations. Is this an example of how Rosemont will follow regulations and also an example of how our federal government will treat violations, to simply ignore it and sweep it under the rug?

The wheels of justice are said to turn slowly but I would think there is a difference between turning slowly and what is happening with the investigation of the fire started on May 2 by Rosemont copper in the Greaterville area. Today marks six months since the fire and no information is available from either the United States forest service or the United States Attorney’s Office in Phoenix. The date is November 2, 2011 which makes it an extraordinary example of a slow process in our legal system.

For perspective this fire burned the equivalent in acreage of a square that would extend from Speedway to 22nd St. going north and south and from Kolb to Craycroft going East to West.

It's going to leave a mark

August 19, 2011 a letter was sent to the Hon. Tom Vilsack, Secretary of the United States Department of Agriculture with a carbon copy addressed to Tom Tidwell, chief of the United States forest service. The letter was prepared and signed by Sen. Jon Kyle, Sen. John McCain and Congressman Jeff Flake.

It seems rather unusual that a Congressman from Arizona congressional district 6 would sign the letter concerning a project that is not in his district. It also seems rather unusual that Congresswoman Gabriel Giffords was not furnished a copy of the letter. The proposed open pit copper mine is in Arizona congressional district 8, Congresswoman Gabriel Giffords district.

One of the comments in the letter, “In order to ensure that the Forest Service avoids any further delays in the EIS review process, we respectfully request you provide us with a clear and delineable schedule for the release of the draft EIS.”

Another comment in the letter, “although we understand the complexity of the project may have warranted revisions to your timetables, it is difficult to understand why the forest service continues to push back the release date of the draft EIS.”

I have contacted Sen. Kyle’s Phoenix and the Washington DC office, Sen. McCain’s Tucson and Washington DC office, Congressman Flake’s Phoenix and Washington DC office, Sec. Tom Vilsack of the United States Department of Agriculture Washington DC office and Tom Tidwell’s Washington DC office for the United States Forest Service.I have received no response or acknowledgment to my questions concerning the letter.

Perhaps Congressman Jeff Flake’s endorsement and cosigning of the letter was influenced by the $6000 donated to his campaign fund for the Senate race that came from two executive employees of Augusta resource. One example would be on May 13, 2011 chief executive officer Gilmore Clausen made two separate donations, each $2500, to the Jeff flake for Senate  Incorporated. That does raise a question concerning a foreign national donating money to a federal election. In addition to that $6000 an additional $3000 was donated by three employees of Rosemont Copper to the Jeff Flake for Senate Incorporated. that brought the total to $9000 for Jeff Flake’s campaign for Senate given to him by either a Rosemont copper or Augusta resource executive.

TENORM, an acronym for a process as dangerous as it is mysterious. The entire name of it is, ” Technologically Enhanced Naturally Occurring Radioactive Material”. A well-known phenomenon by the agencies that are supposed to protect the citizens from environmentally hazardous material.

The subject was brought to the attention of the forest service during the scoping comments on the proposed open pit Rosemont copper mine in the Santa Rita mountains. An example was also pointed out in relation to the uranium plume in the Green valley neighborhood. So far I can find no example of the subject being discussed in any of the freedom of information act documents released by the forest service.

At a recent meeting in Corona De Tucson a representative from Pima County Department of environmental quality stated his primary objective was to evaluate dust control. References were also made to the limited number of personnel available. If their primary concern with the Rosemont copper proposal is a dust control then who is going to evaluate the potential effects of radiation enhancement? We are now at the beginning of public comments concerning the Pima County permit for the proposed open pit mine, perhaps we should inquire of the Pima County Department of environmental quality who is studying and evaluating this potential problem.

Following are some excerpts from that report compiled by the United States EPA and the Arizona Department of environmental quality. The data show that dump leaching operations and solvent extraction – electro winning procedures, as well as the practice of recycling raffinate at copper mines may extract and concentrate soluble radioactive materials,  the results show increases of up to two orders of magnitude over background levels for all radio chemicals tested except R– 222.

Nearly all rocks, soils, and water contain small amounts of radioactive materials such as uranium, thorium, radium, radioisotopes of potassium, lead, polonium, and their decay products. When naturally occurring radioactive materials in their undisturbed natural state (NORM) become purposefully or inadvertently concentrated either in waste byproducts or in a product, they become technologically enhanced naturally occurring radioactive materials (TENORM). TENORM is defined as any naturally occurring radioactive materials whose radionuclide concentrations or potential for human exposure has been increased above levels encountered in the natural state as a result of human activities.

The EPA and other regulatory entities have become increasingly aware of the immense volume of TENORM produced annually throughout the United States. The potential threat posed by these wastes cannot be dismissed as below radiological concern or below exempt concentration levels. TENORM concentrations often reach levels comparable to typical low-level radioactive waste.

At the dead center of the patented mining claims owned by Rosemont copper, and more specifically dead center of the proposed open pit, there is an abandoned mine, the King mine. It is located in section 24, Township 18 S., range 15 E. and this mine is specifically noted in the report concerning TENORM.

The King mine is an old silver and copper underground operation south of Tucson. The mine is situated in a contact alteration zone, where pitchblende occurs with sulfide ores in quartz-calcite gangue in pockets along a limestone/quartz monzonite contact. Assays show uranium ranging from 0.14 to 0.93 percent. This number is it’s (NORM) natural state. The TENORM numbers after processing will be much higher.

The regulation of radioactive waste has generally been limited to the atomic energy act, the clean air act, the safe drinking water act, and the comprehensive environmental response, compensation and liability act

EPA has been working with the Arizona Department of environmental quality to assemble the available data on TENORM and metal mining sites in Arizona. As part of its groundwater and surface water  protection programs, they require mining companies to submit aquifer protection permit applications that include facility specific radiological characterizations. As a result, ADEQ and EPA have accumulated in excess of 3200 analysis of radionuclides at 15 mining sites in the copper industry.

Levels in excess of the federal maximum contamination level and state guidelines were found in groundwater and surface water samples, as well as soil and sediment samples and abandoned and active copper mines. TENORM exceedances were also found in groundwater at active and inactive copper mines.

The solvent extraction process acts to concentrate TENORM. Technological advances in SX – EW procedures have created new waste streams that were not assessed in earlier EPA studies. The natural leaching process tends to extract and concentrate radioactive materials in the acid mine drainage at waste dumps. Dump or heap leaching operations also extract and concentrate the soluble radioactive materials.

The impacts of copper mining are noteworthy because of the unique conditions, such as the presence of trace uranium minerals and the mining and extraction methods that unintentionally extract radioactive materials and enhance its environmental mobility.

Several Arizona copper ore bodies are either too deep or are too low-grade to be mined by conventional surface or underground methods. There are several in-situ solution copper mines in the Arizona copper mining belt. High levels of TENORM have been found in the PLS of two in-situ leach operations in Arizona.

Typically, an in-situ copper mining company will be required to undergo a joint ADEQ-EPA permitting process. EPA issues a federally-administered Class III Underground Injection Control (UIC) permit and an aquifer exemption permit that focus on the subsurface injection and restoration activities. ADEQ initiates an APPA process that focuses on both subsurface activities and the surface facilities and impoundments.

A proposed operation must meet both of the following two criteria for an aquifer exemption: 1) the aquifer must not currently serve as a source of drinking water and 2) the permit applicant must demonstrate that the deposit contains minerals that are expected to be commercially producible. The permit covers the construction, operation, and eventual closure of the injection and recovery wells system and surface facilities and impoundments. The permit also defines the lateral and vertical boundaries of the proposed aquifer exemption.

This information and much more, a total of 124 pages, is available to the general public in report number EPA 402 – R – 99 – 002 .The US Environmental Protection Agency released report number EPA 402 – R – 99 – 002 in October of 1999.