Quarries / Applications in the Davidson Canyon Area:For Discussion Purposes Only
Recent Events in the Davidson Canyon
Pima County Dirstrict Supervisor Ray Carroll and Cherry Rosenberg tour the Davidson Canyon
The Future of Davidson Canyon??
Davidson Canyon
*** The official Cal Port Comment Period Has Ended *** Commenting has ended....if you sent in a letter to the ACOE '''thank you'''' and please send copies to the website .....would like to read However, if you haven't sent in your comments, please feel free to do so. We will update when we have more info. Comments can be e-mailed to Marjorie.E.Blaine@usace.army.mil or mailed to:
U.S. Army Corps of Engineers
ATTENTION: Regulatory Branch (SPL-2004-01399-MB)
5205 E. Comanche Street
Tucson, Arizona 85707 For writing ideas, pictures, history: http://azhighway83.com/9.html USACOE Announcement: http://www.spl.usace.army.mil/regulatory/pn/200401399.pdf
!!!!!! Cumulative Impacts / Implications of this Activity !!!!!!! *
1) Proposed Cal Portland Cement Mining Co
a) Pima County has granted Cal Portland a flood plain use permit that would allow a haul road across on crossing of Davidson Creek (they will need four).
2) Proposed Charles Seel Mining Co
a) Would us the same haul road through the Davidson Canyon
3) Proposed Rosemont Project (Augusta Resources)
a) and its drainage's into the Davidson Canyon
b) Intends to block Barrel Canyon with tailing, which feeds the Davidson
c) Loss of surface water
4) W. R. Henderson (Andrada) Quarry at Wentworth and Sahaurita
5) Watershed issues
a) Quality and quantity (waters of the Davidson Canyon is of high quality)
b) With the run off draining into the Davidson Canyon - Outstanding Waters
c) Davidson Canyon supports a few perennial springs
d) Serious consequences could occur downstream
6) El Paso Natural Gas Line
a) Crosses the Davidson Canyon further north
b) Arizona Trail
7) Kinder Morgan Liquid Products Pipeline
a) Crosses the Davidson Canyon further north
8) Historic Artifacts
9) Historic Andrada Ranch is in proximity
10) Bar V Ranch - Sonoran Desert Conservation Plan for Pima County
11) Possible degradation to the Riparian Area- designated IRA (Important Riparian Area)
a) Wildlife corridor, animal habitat
b) AZ Dept of Transportation also - under I-10
c) High biological significance area containing habitat for vulnerable species
i) Gila topminnow, Gila chub, Mexican garter snake, lowland leopard frog,
ii) Lesser long-nosed bat and many migratory birds
d) State designated regionally critical wildlife corridor underneath I-10,
i) Connecting the Santa Rita, Empire and Rincon Mountain ranges
12) View shed impairment
13) Loss of recreational area
14) Hwy 83
a) High volume of heavy truck traffic
b) Wide/oversized loads
c) Scenic Highway Designation
d) School buses stops
e) Very limited cell phone service
15) Old Sonoita Hwy
a) Windshields are chipped from road debris in semi tires
b) Very limited cell phone service
16) Designated Outstanding Waters just to the North
a) Santa Cruz "Traditional Navigable Water" (waterways/tributaries)
17) This designation means that no activity that would cause permanent degradation
Of water quality would be permitted in the waterway.
18) Cienega Creek (which is also designated as an outstanding waters)
a) Davidson Canyon is the largest drainage into the Cienega Creek
b) Cienega Preserve.
19) The Santa Cruz River designation
20) Flowing Springs
21) Not in a fire district
a) Mine to pay Corona De Tucson Response Area
22) Diverse flora and fauna
a) Priority vulnerable species listed on the Sonoran Desert Conservation Plan
b) Threatened and endangered species or species or species of concern
23) Water Pollution
a) Local well,
b) Wildlife, Riparian
c) Tucson Aquifer
24) Air Pollution
a) Blasting, dust
25) Noise Pollution
a) Blasting, noise
b) Heavy commercial trucks.
26) Who will monitor/pay quality water to assure that it is safe
27) Residential wells/water.
28) Cumulative economic property value loss w/3 mines in the area
29) Loss to Heritage and Eco-Tourism
30) Missile Silos
31) Other aggregate mines off Mash Station Road
32) TEP services (talk of 138kV poles running to Rosemont) (their MPO stats no elec. will be needed - will work off generator)
33) 3-4 Housing developments in the immediate 10/83 interchange,
34) PCSD response time in the area
*Contributed by CCook / KRego |
12/18/08
Sugar Ray’s Fellow Supes Fail Davidson Canyon
Leave it to Pima County Supervisor “Sugar” Ray Carroll to remind his fellow supes that they promised to do whatever they could to protect Davidson Canyon from mining interests after they dropped a lawsuit against the Arizona State Land Department in February. And leave it to his fellow supes to disregard Sugar Ray.
http://blog.tucsonweekly.com/?p=1733
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Update on the Pima County Board of Supervisor Meeting re the Davidson Canyon Flood Plain Use Permit.
Although public discussion and action may occur during on the executive items listed on the addendum, it was decided the Board would not hear public comment on the Revocation of the Floodplain Use Permit issued to California Cement Company. It is the opinion of the County Administrator that the permit was issued in compliance with Pima County Code and the only way for the public to have a hearing is if Cal Port commits a violation against the permit.
Supervisor Bronson made of motion for increased monitoring to assure the company follows the permit. It was decided that to hear public discussion would cause bias if there was a violation at a future date and would hinder revocation of the permit then, so there was refusal to let the public present evidence as to why the permit was issued incorrectly.
So, the long and short of it is that Pima County was not willing to hear compelling evidence that California Portland did not request the required 404 permit or listen to several other valid legal arguments under Pima County Title 16 Floodplain and Erosion Hazard Management Code that would allow the revocation of this prematurely issued permit.
Several people stayed until the end for the general call to the audience to have their information presented for the record. Unfortunately many people had to leave before then.
Chairman Elias did express that he wanted our concerns to be heard and Mr. Huckelberry said the County was working on site where all of the different agencies information would be located. Thank you to District 4 Supervisor Ray Carroll for trying to give us this opportunity.
There are more options and we will look into the appeal process. Do not give up hope. Your letters will be forwarded to the Chief Engineer of Pima County and the appropriate State and Federal Agencies.
Thank you for all of your letters and time,
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Top of Page http://azhighway83.com/12.html
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Please take the time to send the letter you sent to the Pima County Board of Supervisors to :
Published: 12.17.2008
Permit to build haul road across Davidson Canyon won't be revoked
By Erica Meltzer
ARIZONA DAILY STAR
Pima County will not revoke a flood-plain use permit that allows California Portland Cement to build a haul road across Davidson Canyon.
Supervisor Ray Carroll, whose district includes the canyon southeast of Tucson, had asked the county to take back the permit after the state declared Davidson Canyon an "outstanding Arizona water," deserving of the highest levels of protection under state law.
Portland Cement plans to mine limestone in the canyon under a mineral lease from the state Land Department.
Pima County officially opposes the mine plan and supports the outstanding water designation, but that didn't stop county officials from issuing a flood-plain use permit earlier this year. County Administrator Chuck Huckelberry said the county had no choice but to issue the permit because the cement company complied with the necessary regulations.
Carroll argued that the outstanding water designation was new information that cast doubt on whether it was appropriate to issue the permit.
But after a closed session Tuesday to receive legal advice, the supervisors were told by Chief Civil Deputy County Attorney Chris Straub that they did not have the legal authority to revoke the permit.
Straub also said that discussing the matter — including hearing comments from more than a dozen Vail residents and environmentalists who attended the meeting — could damage the board's ability to revoke the permit in the future if Portland Cement violates its conditions.
The county's chief engineer, Flood Control District Director Suzanne Shields, could revoke the permit for "failure to comply with the terms" or if the permit itself is found not to conform to the county code.
But if the permit is revoked, Portland Cement could appeal to the Board of Supervisors. Straub said if the board appeared prejudiced against Portland Cement before such an appeal occurred, the cement company could use that against the county in court.
"If we hear from you today," Supervisor Richard Elías told the audience, "we may jeopardize our ability to revoke the permit in the future."
Opponents of the mine plan in the audience said they had facts to present that showed the permit was improperly issued. They said it was absurd to suggest the board would be showing bias by hearing from them about an item that appeared on a publicly noticed agenda.
They waited until call to the audience, an open comment period at the end of the four-hour meeting, to tell the supervisors they believe the map of the riparian area is incorrect. On paper, the haul road appears to skirt the riparian area, but walking the site shows that it will impact the waterway, they said.
Developers sometimes challenge maps of riparian areas to have them changed, and community activist Elizabeth Webb said the county should take another look before permanent damage is done.
"They haven't conformed to the title," she said. "And how will you know that, if you don't permit us to show you the evidence?"
Huckelberry said the county will look at any specific evidence produced by mine opponents.
The supervisors voted unanimously to ask Shields to monitor the permit closely for compliance and hold a public hearing if any violations are found.
Portland Cement reduced the size of the haul road to make it small enough that the decision on the permit would be made administratively rather than by the supervisors. Elías said the county will make sure the company stays within that size limit
County can't undo approval of mine haul road B. POOLE Published: 12.17.2008 County supervisors can't revoke a permit for a road through a flood plain in Davidson Canyon near Vail, despite the pleas of nearby residents.
The road would serve as a "haul road" for trucks at a California Portland Cement limestone mine planned for the area east of Tucson. Nearby residents had hoped the county could block the mine by denying the flood plain use permit.
But the county, which approved the permit last month, can't revoke it unless California Portland violates it, said board Chairman Richard Elías.
"Today we have no legal authority to (revoke the permit)," Elias said after discussing the revocation with a county lawyer in executive session.
Several residents from the area objected to the permit, saying it would damage a valuable riparian area and endanger mine workers because access for emergency vehicles could be blocked by flooding on the road.
"It is clear that Permit Denial Conditions involving safety and emergency access were not taken into consideration for the issuance of the Davidson Canyon Haul Road (permit)," area resident Kim Rego told the board in a letter.
County regulations require that the road provide access for emergency vehicles - something that the Corona De Tucson Fire Department chief questions.
"Without proper all-weather roads and access there is potential for no emergency services being able to arrive on scene in a reasonable amount of time," Chief Bruce Whitehouse told the board.
The inability to revoke the permit does not mean the board supports the mine, Elías said as he held up 15 letters and memos from the board opposing it.
The letters date back to January 2005, he said.
"There is nobody on this board who sits in support of (the mine). That has nothing to do with this flood plain ordinance," Elias said.
Because the requirements for the permit are very narrow, county lawyers were unable to find legal justification to block or revoke it, said assistant county attorney Chris Aboud.
"This board is without jurisdiction at this time," he told the supervisors.
Supervisor Ann Day asked that county engineers keep a close eye on the road and alert supervisors to any potential ways to revoke the permit.
Elías asked County Administrator Chuck Huckelberry to review the application for possible errors.
Pima County History of County Efforts Regarding Davidson Canyon and Proposed Mining Impacts
~~NEWS ARTICLE AND SAMPLE LETTER!~~
Hello All, As you know may or may not know, District 4 Supervisor Ray Carroll has asked to have the Flood Plain Use Permit revoked that was issued for Az/Cal Portland to cross the Davidson Canyon, just east of the Sonoita Highway/Old Sonoita Intersection. This will go before the BOS on Tuesday, Dec 16th. 2008. The Davidson Canyon just received the designation of Outstanding Waters a mere 2 "stream miles" upstream of this crossing. We are posting this to help some who might not be able to start their letter, to see another organization who very succinctly posted their concerns. Many of you also received a letter previously received a letter from Save the Scenic Santa Ritas. This is not about the mine per se. This is about a 50' foot haul road reduced to 30' to squeeze under the Board of Supervisor's approval threshold through some of our most valued riparian territory. Please take the time to send an email to the Supervisors, even if you do not live in Pima County. If you are able to attend the meeting and speak or fill the room, that is even better. For more information, photos or videos of the area, please email us at : info@azhighway83.com.
Thank you, we are all in this together as citizens of Southern Arizona.
Link to sample letter, please make it your own and add your personal perspective to it!
http://www.pima.gov/cob/e-agenda/12162008/AD%20FCD%20B20REVOCATION.pdf
Published: 12.08.2008
Canyon where quarry sought gets top levels of protection
By Erica Meltzer
ARIZONA DAILY STAR
State regulators have declared Davidson Canyon worthy of the highest levels of protection available under state law.
The decision to categorize the canyon, southeast of Tucson, as "outstanding Arizona water" was part of a broad set of water-quality standards approved last week by the Governor's Regulatory Review Council — a body that reviews proposed new regulations — over the objections of some business interests.
The "outstanding water" designation means that no activity that would cause permanent degradation of the water quality could be permitted in the waterway.
"This declares these are indeed important resources," said Sandy Bahr of the Sierra Club's Grand Canyon Chapter, who advocated the new regulations. The rules include new protection to prevent algae growth in lakes and reservoirs, as well as sedimentation that can affect plants and animals that form the base of aquatic food chains.
Some opponents of a plan to mine limestone in the canyon say the designation provides new hope for protection of Davidson Creek, which feeds into the Cienega Creek southeast of Tucson, but it is unclear whether the designation could stop the mine.
"We know it's an anti-degradation proposal," said Lainie Levick of Save the Scenic Santa Ritas, a group working against the Davidson Canyon quarry plan and the proposed Rosemont Mine, which would be constructed near Arizona 83 between Interstate 10 and Sonoita.
"We hope they would be held to higher standards. Time will tell," Levick said.
Bahr said environmentalists are relieved that the regulations were adopted before Republicans take control of Arizona's executive branch, but she added that advocates will need to be diligent to make sure the new rules are enforced as strongly as possible.
California Portland Cement has a mineral lease from the state Land Department to operate a limestone quarry on state trust land around the canyon, but Deputy State Land Commissioner Jamie Hogue said the lease requires the cement company to comply with all laws and regulations.
"CalPort will be required to meet the applicable requirements of the rule once the rule becomes effective," Hogue said in an e-mail.
The company already has at least one permit it needs — a flood-plain-use permit from Pima County allowing it to build a haul road across Davidson Creek.
Supervisor Ray Carroll, who represents the area, said the county should revoke the permit now that the state has decided to give higher protection to the area.
"It's high time," Carroll said of the designation. "I believe it's cause to revoke the permit. New information has come to light."
California Portland Cement has said it hopes to start work on pre-mining activities in 30 to 60 days if it gets the permits it needs, including one from the Army Corps of Engineers.
A spokesman for the corps said he could not speculate on whether the company would get the permit, but he did note that state water-quality regulations do not affect the corps' ability to approve or deny permits.
And a spokesman for the state Department of Environmental Quality, which put forward the new regulations and will have responsibility for enforcing them, said the designation would not necessarily prohibit mining in the canyon.
However, any activities that have an effect on the creek would be subject to review to ensure that the water quality isn't degraded.
The new regulations don't go into effect until early February, 60 days after the Governor's Regulatory Review Council voted on them.
It is unclear whether California Portland Cement could get all the permits it needs before the canyon is officially protected. Representatives of the company could not be reached Friday.
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12/08/08
Davidson Canyon - Cal Port Images
http://azhighway83.com/5.html
12/07/08
Canyon where quarry sought gets top levels of protection
http://www.azstarnet.com/sn/fromcomments/270669.php
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Empire Fagan Coalition Needs Help
Posted by Mari Herreras This just in, from Save the Scenic Santa Ritas.
When I recently watched Pima County Supervisor Richard Elias on Arizona Illustrated, I thought the hope of preventing cement mining in Davidson Canyon was dead. But perhaps not ... most out there familar with Board of Supervisors meetings know that the best way to make a difference is to pack the hearing room:
Note that while this is not directly about the Rosemont Mine, it could cumulatively affect the area. As you may have heard, danger is near for this area from California Portland Cement's proposed Quarry just south of the County owned Bar V Ranch. On July 29, 2008, Pima County issued Cal Portland a Floodplain Use Permit. The Empire Fagan Coalition would like to ask for your support in contacting the Pima County Board of Supervisors to ask them to revoke this prematurely issued Floodplain Use Permit, especially now that Davidson Canyon has just been granted a designation as an Arizona Outstanding Water. If this quarry mine is approved and built, it could make it easier for the Rosemont Mine to come in as well. Please support the Empire Fagan Coalition by writing a letter AND attending the Board of Supervisors meeting next Tuesday.
There is another opinion out there evidently: Pima County can still fight for Davidson Canyon. The county approved the floodplain use permit for AZ/Cal Portland Cement, but the company failed to request the required 404 permit from the Army Corps of Engineers. Evidently, this is needed needed before a flood permit can be issued.
Empire Fagan folks hope people come out to support them at the Pima County Board of Supervisors Meeting on Tuesday, Dec. 16, at 9 a.m. Supervisor Ray Carroll is placing on the agenda the revocation of Pima County's flood control permit (issued without Board of Supervisors' approval). The board meets in the hearing room at the Pima County Administration Building, 130 W. Congress St., 1st Floor.
To see the Arizona Illustrated interview with Richard Elias, click on "more."
http://www.tucsonweekly.com/TheRange/archives/2008/12/10/empire-fagan-coalition-needs-help
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History of County Efforts Regarding Davidson Canyon & Proposed Mining Impacts http://pima.gov/Mining/default.html
1/7/09 Board of Supervisors Meeting Update
Supervisors also passed two resolutions calling on state and federal agencies to deny permits for a gravel quarry in Davidson Canyon east of Tucson.
The California Portland Cement Co. plan for the gravel operation has been vehemently and unanimously opposed by the supervisors.
The first resolution asks the U.S. Army Corps of Engineers to deny a Clean Water Act Section 404 Permit for a road across the canyon. The second calls for the director of the Arizona Department of Environmental Quality to block a required stormwater discharge permit.
http://www.tucsoncitizen.com/daily/breakingnews/106918.php
http://regulus2.azstarnet.com/comments/index.php?id=274817
1/5/09
California Portland Cement has a lease to quarry limestone on 70 acres there but Pima County officials say the area needs protection to insure Tucson has a clean water supply and the environment is not threatened.
http://www.kold.com/Global/story.asp?S=9620762&nav=14RT
1/5/09
County revisiting cement company's permit requests
A few weeks after declining to revoke a permit it issued to California Portland Cement, the Pima County Board of Supervisors may ask state and federal review agencies to give the company's permit requests an extra level of scrutiny.
Resolutions to be considered by the Board of Supervisors on Tuesday call for:
● The U.S. Army Corps of Engineers to not issue a permit the company needs to build a road across Davidson Canyon until the company does an environmental impact statement.
● The U.S. Bureau of Land Management to not issue mineral leases near Davidson Canyon without an environmental impact statement.
● The state Department of Environmental Quality to not issue storm-water-discharge permits without reviewing the impact statement.
http://www.azstarnet.com/sn/fromcomments/274458.php
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1/4/09
Feds, state must cooperate on area land uses
By Supervisor Bronson
As we enter the new year with new administrations imminent in both Washington and Arizona, we have a unique opportunity to approach how best to protect our watersheds and keep them healthy, preserve our Sonoran Desert wildlife habitat and continue to provide recreational opportunities for us and for future generations, while operating within today's economic realities.
http://www.azstarnet.com/sn/fromcomments/274219.php
http://azhighway83.com/6.html
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Board of Supervisors Meeting 1/6/09
Davidson Canyon is on the Agenda!
http://www.pima.gov/cob/e-agenda/01062009/AD%20A%20BOS-Resolution%20on%20Davidson%20Canyon%20protection%20(7).pdf
http://www.pima.gov/cob/e-agenda/01062009/AD%20B%20BOS-Resolution%20on%20Davidson%20Canyon%20protection%20(State)%20(2).pdf
Key discussion Ppints:
-support the County's (2) Resolutions,
-EIS is needed as it is a more complete process,
-Cumulative Impacts (watershed, historic area, other mine proposals, highway traffic, etc)
-County has the chance (again) to continue the preservation of Davison Canyon
- "There is nobody on this board who sits in support of (the mine).' Statement made by Chairman Elias, 12/16/08 at the BOS 12/16/08 Meeting
-Thank them for their past and continued support.
Make it our own! Please send comments to the BOS. A simple email will do!
PIMA COUNTY BOARD OF SUPERVISORS
12/31/08
Pima County Supervisor Ray Carroll's Letter to the Army Corps Of Engineers
'Stopping the Rape Of Davidson Canyon'
http://www.empirefagan.org/downloads/carroll_letter_rape.pdf
12/28/08
US-permit decision could slow limestone- quarry plan
http://www.azstarnet.com/sn/fromcomments/273557.php
Army Corps of Engineering Letter
http://pima.gov/Mining/CurrentActions/Davidson%20Canyon%20-%20California%20Portland%20Cement%20Subsidiary%20Proposal.pdf
12/28/08
US-permit decision could slow limestone- quarry plan
By Tony Davis
ARIZONA DAILY STAR
The operators of proposed limestone quarries on the edge of Davidson Canyon must apply for a federal permit to build a haul road and conduct mining activities, the U.S. Army Corps of Engineers has decided.
The corps requirement for an individual permit under the federal Clean Water Act, if it stands, would almost certainly delay the quarries' planned construction start in early 2009.
The corps' decision was made in a Dec. 18 letter to the company, California Portland Cement.
Company officials couldn't immediately comment on the letter because many officials aren't available during the Christmas holidays, a company spokeswoman said. Previously, company officials have said the construction work planned in the canyon area wouldn't be significant in size.
But quarry opponents said they hope the permit requirement will lead to a full-fledged environmental impact statement that could cause the federal government to prevent mining there.
"It's totally inappropriate to have a limestone mine in Davidson Canyon," said Richard Calabro, a Green Valley resident who is active in Save the Scenic Santa Ritas, an environmental group opposing the project.
"It's environmentally foolish for anyone to think about it. Davidson Canyon is critical to the environment," Calabro said.
The company plans to build separate quarries east and west of the canyon, in an area lying about 30 miles southeast of Tucson, seven miles south of Interstate 10, near the Old Sonoita Highway and east of Arizona 83. The west quarry will cover about 20 acres and the east quarry about 18 acres. Both will be on state land.
In addition, the federal Bureau of Land Management is having an environmental assessment done on the project because the BLM controls mineral rights underneath part of the east quarry site. The assessment, done by a consulting firm, will be finished sometime after the first of the year.
Between the two quarries, the company estimates it will excavate 0.617 of an acre of wash in and around Davidson Canyon, according to a letter it sent the corps last July.
While the Corps of Engineers can deny a permit application under the law, it prefers to work with an applicant to approve a "minimized project" that limits environmental impacts, said Marjorie Blaine, a project officer in the corps' Tucson office.
She did, however, signal that the company might have to take major steps to reduce its footprint in Davidson Canyon.
The agency's rules require permit applicants to avoid environmental impacts as much as possible, and "whatever cannot be avoided must be minimized," said Blaine. Any major impacts must also be offset by mitigation measures, she said.
Usually in such cases, the corps requires companies or public agencies that build projects affecting rivers or washes to perform some sort of off-site environmental improvement to compensate. Companies can, for instance, pay an outside group such as the Audubon Society to plant trees or do other restoration work elsewhere — at a rate of three times the value of the damage at the project site.
Under Section 404 of the Clean Water Act, someone building a project that would dredge materials or place fill materials in a wash that's regulated by the law must either get an individual permit, which requires a detailed environmental review, or get a nationwide permit. The latter permits are much more routine, take less time to obtain and don't require as much review, if any. Typically, both classes of permits are called 404 permits.
In its letter last July, California Portland Cement wrote the corps that its construction activities in Davidson Canyon would be too insignificant to warrant the need for an individual permit and that a nationwide permit was appropriate.
Because its access road will affect less than one-tenth of an acre at each of three separate wash crossings, the company doesn't believe it's necessary to notify the Corps of Engineers before proceeding with construction, said the letter from Cal Portland attorney Craig Douglas.
The canyon contains a riparian area that is rich enough in cactus and tree life that the state of Arizona recently designated it as an Outstanding Water. The designation means no activity that would permanently degrade the canyon should be permitted in the waterway.
That designation was one of several factors cited by corps' project officer Sallie McGuire in the Dec. 18 letter to Cal Portland explaining why an individual permit will be required.
Other factors in the corps decision:
● The closeness of the quarry site to roosting sites for the endangered lesser-long-nosed bat and the presence of bat foraging areas on the quarry site.
● The presence of a cultural site in the area.
● Numerous letters and phone calls to the corps regarding the proposed quarry.
The corps is authorized under federal rules to require this type of permit whenever the top official in its governing district office — in this case, Los Angeles — finds "sufficient concerns for the environment or ... the public interest," McGuire's letter said.
Four days after the corps' letter went to the company, Pima County Supervisor Ray Carroll wrote the corps and BLM, saying they "have become the last line of defense for the citizens of Pima County against this rapacious attack on Davidson Canyon."
The State Land Department has already issued a lease authorizing the quarry operation and Pima County's Regional Flood Control District has issued a floodplain use permit authorizing construction of the haul road across the canyon.
Carroll had tried to get the latter permit revoked, but the county Board of Supervisors refused at its Dec. 16 meeting, after a deputy county attorney told supervisors they don't have legal authority to revoke it.
County officials have acknowledged the quarry can or will cause environmental problems but said they had no legal choice but to issue the permit, partly because of their lack of control over mining activities on state land.
"As the county supervisor representing the area, I can assure you that the vast majority of our citizens are greatly disturbed by the imminent threat to this pristine place," Carroll wrote. "A limestone quarry in this location would be an aesthetic and environmental disaster."
He cited the following issues:
● The Outstanding Waters designation and the Environmental Protection Agency's recent decision to call the Santa Cruz River a "traditional navigable waterway," which gives more protection to tributaries such as in Davidson Canyon, 43 miles from the Santa Cruz.
● Groundwater lies 5 feet underground in two wells and 50 to 110 feet in two others within a mile of the quarry site, increasing the threat of water contamination.
● Davidson Canyon is a wildlife corridor, linking the Empire, Santa Rita and Rincon Mountains. ● The canyon has a perennial spring containing native fish.
How federal permitting by the Army Corps of Engineers will work for California Portland Cement's proposed Davidson Canyon-area quarries:
• The company must submit a permit application to dredge materials in or place fill in a wash.
• Corps engineers process the application and put out a notice giving the public 30 days to comment.
• The corps sends negative comments about the project to California Portland Cement to give it a chance to respond. An applicant usually has 30 days to respond to such comments and sometimes gets more time.
• The applicant then prepares an environmental analysis and a plan to offset the effects of its project on the environment, and the corps makes a final decision on the permit.
• Typically, it takes about 120 days for the corps to process and decide on a non-controversial project without outstanding cultural resources or imperiled species. But in this case, "we don't really have a time frame," said Marjorie Blaine, a corps project officer. "So much is based on the applicant and how long they take to get back to us."
● Contact reporter Tony Davis at 806-7746 or tdavis@azstarnet.com
http://www.azstarnet.com/sn/fromcomments/273557.php
http://pima.gov/Mining/default.html
Pima County Permitting Documents and Related Information
http://www.rfcd.pima.gov/Davidson/