Sierra Vista District Ranger Mark Ruggiero signed a Decision Memorandum (DM) for the Regal Resources Sunnyside exploratory mineral drilling project granting them a Categorical Exclusion and allowing a September 2014 start date. The project is located on the Coronado National Forest in Humboldt Canyon in the Patagonia Mountains and 6 miles south of the town of Patagonia, Arizona.
The Decision Memo followed a second round of scoping initiated in July 2013. “Seventy-eight comments were received during the 2013 30-day scoping period,” according to a August 28 email issued by CNF Geologist Patrick Morton. Scoping for this project also occurred in 2011. The Forest Service considered these prior comments for their analyses as well.
A Categorical Exclusion project is considered to NOT have a significant impact, either individually or collectively. It’s a category that is exempted from the National Environmental Policy Act (NEPA) requirements to prepare an Environmental Assessment or Environmental Impact Statement both of which would analyze potential impacts of a proposal.
The potential negative effects that the Sunnyside drilling would have on the proposed Town of Patagonia Municipal Supply Watershed was one of the issues that raised by the Patagonia Area Resource Alliance. The Decision Memo (DM) states, “…the Town of Patagonia municipal supply may be affected. Due to the relatively limited duration and scale of the project, quantitative scientific studies have not been performed by the Forest Service regarding the water supply for the project and the possible effects to the town.” The DM concludes, “since the location of the water supply is unknown, the water supply of the Town of Patagonia may be totally unaffected as the supply source may be drawn from an entirely different groundwater basin.” We find this conclusion absurd.
Mexican Spotted Owl © Glen E Goodwin
PARA also submitted concerns about the Sunnyside drilling project’s effects on endangered species and their habitat. The DM stated that the Biological Assessment and Biological Evaluation determined that the drilling “‘may affect, not likely to adversely affect’ for jaguar, ocelot, lesser Long-nosed bat, and Mexican spotted owl.” The mineral drilling project is located in protected critical habitat for both the jaguar and the Mexican spotted owl.
Absent from the DM was any commentary on cumulative impacts in regards to Wildcat Silver’s Hermosa drilling proposal, other drilling proposals, other activity in the Patagonia Mountains, or ongoing drought conditions.
Regal Resources must post receipt of a reclamation bond, submit a final Plan of Operation with mitigations as required by the DM, and provide an approved spill response plan before their exploratory drilling can begin. Additionally, a September 3rd press release issued by Regal Resources begs the question if they even have the finances to start their exploratory drilling.
There is no objection period offered by the Forest Service for Categorical Exclusion (CE) decisions. CE decisions are final. Any appeals or objections must be addressed through litigation.
Questions about the Sunnyside drilling project should be directed to: Patrick Morton, Geologist, Coronado National Forest, 300 W. Congress St., Tucson, AZ 85701, 520-388-8348, pmorton@fs.fed.us.
