Augusta Resource Corporation announces an update on the permit process for its Rosemont Copper project.
The Control Officer of the Pima County Air Quality Control District issued a denial of the Rosemont Copper's air permit application just weeks after releasing a draft permit. This action by AQCD was anticipated by the Company as part of the continued effort by AQCD to delay the permitting process and avoid compliance with its own rules.
According to the Pima County State Implementation Plan, the Pima County AQCD Control Officer has 30 days following receipt of a complete application to grant or deny a permit. AQCD notified Augusta that the air permit application had been determined to be complete on November 30th 2010. As a result, AQCD was required to grant the permit by December 30th 2010. The permit application demonstrated compliance with all currently applicable laws and was consistent with other permits for mining operations in Pima County. The Company application disclosed all applicable requirements for a minor source in accordance with the federal Clean Air Act.
Rosemont filed a Notice of Intent to sue the Pima County AQCD on June 23rd 2011 and AQCD provided a draft permit for public comment, just 2 days before the deadline to respond to Rosemont's notice. The draft permit was written by the AQCD with enforceable conditions that demonstrated compliance with all applicable regulations as a minor source. On September 2nd 2011, Rosemont filed a lawsuit to compel the AQCD to take action on the permit application following the timelines as stipulated in the law. Just one day before the court deadline for the County to respond to the Company's filing of the lawsuit, the AQCD issued a permit denial, reversing its prior determination that Rosemont Copper qualified as a minor source. Their decision today is inconsistent with current laws and their own prior permitting decisions.
Pima County cannot arbitrarily pick and choose from the regulatory timeframes and laws to enforce. Augusta believes that if AQCD were complying with the regulatory timeframes and laws, the air permit should have already been issued. The Company intends to continue to pursue all of its legal remedies to be treated fairly and to hold AQCD accountable for following the regulatory timeframes and rules. Augusta believes that this matter will be resolved expeditiously.
