Opportunity to Object to the Resolution Copper Project and Land Exchange and Project-Specific Forest Plan Amendment
The Tonto National Forest has prepared a final environmental impact statement (FEIS) and a draft Record of Decision (ROD) for the Resolution Copper Project and Land Exchange near Superior, Arizona. The FEIS document discloses the potential environmental effects considered, including the mining proposal and all connected actions, the project-specific plan amendment, and the land exchange. The only decision to be made by the Forest Service is limited to approval of ancillary infrastructure (road, power and pipelines) on National Forest System land associated with the Resolution Copper Project. The project-specific forest plan amendment would except the activities approved as part of the selected Federal action, namely the powerline, pipeline, and road use from complying with the specified plan components.
The FEIS, draft ROD, and supporting documentation are available online at: www.ResolutionMineEIS.us. Additional information can be obtained from Michelle Tom, Forest Engineering and Minerals Staff Officer at comments-southwestern-tonto@usda.gov
How to file an objection, and timeframe
This proposed project and associated project-level forest plan amendment are subject to the objection process pursuant to 36 Code of Federal Regulations (CFR) 218 Subparts A and B. The forest plan amendment only applies to the project and will be approved in a decision document approving the project. Objections to the Resolution Copper Project will only be accepted from those who have previously submitted timely comments regarding this project proposal during a designated opportunity for public comment, unless based on information not available during an earlier designated opportunity for public comment (i.e., new information).
Objections on the Resolution Copper Project must be submitted within 45 calendar days following the publication of the legal notice in the Arizona Capitol Times. The date the legal notice is published in the Arizona Capitol Times is the exclusive means for calculating the time to file an objection. A copy of this legal notice will be posted on the website (link provided above) once published. Those wishing to object should not rely upon dates or timeframe information provided by any other source.
A timely submission will be determined by USPS postmark; the agency’s electronically generated posted date and time for electronic submission; or shipping date for delivery by private carrier. It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer pursuant to §218.9. All objections are available for public inspection during and after the objection process.
Electronic objections may be submitted using the Public Comment Form at https://cara.fs2c.usda.gov/Public/CommentInput?Project=48956. Electronic submissions, including attachments, must be submitted in a format (Microsoft Word, portable document format (PDF), or rich text format (RTF)) that is readable and searchable. Written objections may be submitted by mail to: Reviewing Official, Regional Forester, filed via mail or express delivery to 333 Broadway Boulevard SE, Albuquerque, New Mexico 87102.
At a minimum, an objection must include the following: (1) The objector’s name and address, along with a telephone number or email address if available; (2) Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the objection); (3) Identification of the lead objector, when multiple names are listed on an objection, and verification of the identity of the lead objector, if requested. Individual members of an entity must have submitted their own individual comments in order to have eligibility to object as an individual. Additional requirements are included below.
The reviewing officer must set aside and not review an objection when one or more of the following applies: (1) it is not filed in a timely manner; (2) the proposed project or forest plan amendment is not subject to the objection procedures; (3) the individual or entity did not submit timely and specific written comments or substantive formal comments during opportunities for public comment; (4) except for issues that arose after the opportunities for comment, none of the issues included in the objection are based on previously submitted written comments and the objector has not provided a statement demonstrating a connection between the comments and the objection issue; (5) the objection does not provide sufficient information as required; (6) the objector withdraws the objection; (7) an objector’s identify is not provided or cannot be determined from the signature, and a reasonable means of contact is not provided; or (8) the objection is illegible for any reason, including submissions in an electronic format different from that specified in the legal notice, and (9) the responsible official cancels the objection process underway to reinitiate the objection procedures at a later date or withdraw the proposed project or activity.
How to object to the Resolution Copper Project
In addition to the identifying information outlined above, written objection comments on the proposed project must include (1) the name of the proposed project (Resolution Copper), the name and title of the responsible official (Ericka Luna, Deputy Forest Supervisor), and the name(s) of the National Forest or District on which the proposed project will be implemented (Tonto National Forest); (2) a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; and supporting reasons the reviewing officer should consider; and (3) a statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunities for comment. Incorporation of documents by reference is permitted only as provided in §218.8(b).
The U.S. Department of Agriculture (USDA) is an equal opportunity provider, employer, and lender.
