Public Notices and References

References

QMS Processes

These are internal process documents which will affect how permit applicants and their representatives will work with SPD subordinate districts.  These  documents are for “Information Only.”  The controlled versions reside on the SPD QMS SharePoint Portal. Please verify that the version of any document  is the current one prior to proceeding.

12501-SPD Standard Operating Procedure for Determination of Mitigation Ratios

12502-SPD Regulatory Program Emergency Procedures 

12503-SPD Regulatory Administrative Appeal Process

12504-SPD Essential Fish Habitat Procedures

12505-SPD Uniform Performance Standards for Compensatory Mitigation Requirements

12509-SPD Regulatory Program SOP for Preparing and Coordinating EISs

 

 

Regional Guidelines and Standards

The following documents have been developed for use within all of South Pacific Division's (SPD) subordinate districts.  They were developed to assure consistency within the Regulatory program across SPD and to aid the Regulated public in developing acceptable submittals.

Regional Compensatory Mitigation and Monitoring Guidelines

Regional Mapping Standards

 

Mitigation Banking Templates

March 2, 2017 Template Public Meeting Presentation

 

Agreements

Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought.  Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the South Pacific Division (SPD) under the Regulatory Program are posted on this page. SPD public notices are primarily published to inform the public about new or proposed guidance, templates, procedures, and regional general permits, which are applicable to more than one of SPD's subordinate districts.  Once a public notice is available on-line, notification of the SPD Public Notice is sent to individuals on the mailing lists of the appropriate districts by each of the affected districts .

Public Notices

2008-00816-MB Rosemont Copper Project

CESPD-PDO
Published Aug. 26, 2019
Expiration date: 3/31/2027

Update - March 30, 2023:  Corps Revokes Clean Water Act Section 404 Permit for Rosemont Copper Mine

On March 30, 2023, Brig. Gen. Antoinette R. Gant revoked the Department of the Army permit issued on March 8, 2019, to the Rosemont Copper Company. 

The permit has been suspended since August 23, 2019, following a district court decision that vacated the Environmental Impact Statement upon which the Corps relied in issuing the permit.  Another court decision invalidated the biological opinion needed for compliance with the Endangered Species Act.  Since that time, the Ninth Circuit affirmed the district court’s decision vacating the EIS and the permittee indicated it wishes to surrender the permit. 

Prior to revoking the permit, Brig. Gen. Gant consulted with and considered information provided by the Tribes who opposed mining in the Rosemont area.  Brig. Gen. Gant also met with and considered information provided by the permittee.

The revocation is effective immediately.  Please see the Memorandum for Record signed by Brig. Gen. Gant and posted below for further details on this decision.

Memorandum for Record 

Attachment C through Attachment O

Attachment A (ROD) and Attachment B (Permit) can be found below.

 

Update - August 23, 2019:  Corps Suspends Clean Water Act Section 404 Permit for Rosemont Copper Mine

Following a recent court decision, the U.S. Army Corps of Engineers has suspended the Clean Water Act Section 404 permit for the Rosemont Copper Mine.

On July 31, 2019, the U.S. District Court for the District of Arizona vacated and remanded the U.S. Forest Service’s Environmental Impact Statement (EIS) for the Rosemont Copper Mine project. 

The U.S. Forest Service was the lead federal regulatory agency for the Rosemont Copper Mine project.  USACE was a Cooperating Agency under the National Environmental Policy Act (NEPA), and adopted the Forest Service’s EIS to provide NEPA compliance for a USACE Clean Water Action Section 404 permit decision issued March 8, 2019.

Because the Section 404 permit relies upon the EIS vacated by the court, USACE is suspending the permit accordingly.

A letter has been provided to the applicant (Rosemont Copper Company) to communicate that, in absence of a permit, they are not authorized to discharge dredged or fill material into Waters of the United States. 

PERMIT SUSPENSION LETTER

 

Update - July 1, 2019:  Errata sheet, Corrected ROD, and corrected Biological Opinion added.

 FINAL ROSEMONT ERRATA

FINAL ROSEMONT_ROD - CORRECTED

ATTACHMENT E - SECTION 7 COMPLIANCE - CORRECTED

 

Update - April 5, 2019:   Attachment A of ROD updated to include appendices omitted from initial posting.

 ATTACHMENT A - RESPONSE TO COMMENTS - Corrected

 

Update - March 22, 2019:  The permit and its enclosures were added to this notice.

 PERMIT WITH FIGURES

PERMIT ENCLOSURE-401 WQC

PERMIT ENCLOSURE - ESA COMPLIANCE

PERMIT ENCLOSURE - 106 MOA

 

March 8, 2019: Record of Decision (ROD) Completed

The U.S. Army Corps of Engineers (Corps), South Pacific Division (SPD) has completed a Record of Decision (ROD) for the Rosemont Copper Project in accordance with the National Environmental Policy Act. The ROD follows the issuance of a Final Environmental Impact Statement (Final EIS), a Supplemental Information Report (SIR), and a Second SIR in July 2016. The Final EIS was prepared by the U.S. Forest Service, as the lead federal agency, to analyze the direct, indirect, and cumulative effects associated with the development of the Proposed Action and a reasonable range of alternatives. The SIRs were prepared by the U.S. Forest Service to evaluate new information, including comments, received after the publishing of the Final EIS, to determine whether any additional analyses (including a supplement to the Final EIS) were necessary for compliance with the National Environmental Policy Act.

FINAL ROSEMONT ROD

ATTACHMENT B - PROJECT FIGURES

ATTACHMENT C - FINAL MRSC

ATTACHMENT D - SECTION 401 WQC AND ADDENDUM

ATTACHMENT E - SECTION 7 COMPLIANCE

ATTACHMENT F - SECTION 106 MOA

ATTACHMENT G - FINAL EA-ROSEMONT COMPENSATORY MITIGATION