United States Department of the Interior Bureau of Land Management Environmental Assessment DOI-BLM-AZ-G020-2013-0019-EA ANDRADA MARBLE QUARRY December 09, 2019 U.S. Department of the Interior Bureau of Land Management Gila District Tucson Field Office 3201 East Universal Way Tucson, AZ 85756 Phone: (520) 258-7200 FAX: (520) 258-7238 1 This page intentionally left blank. 2 1 INTRODUCTION 1.1 Background Mining Background The Andrada Quarry is located approximately 25 miles southeast of Tucson, Arizona, at the north end of the Santa Rita Mountains, one mile south of the intersection of Sahuarita and Wentworth Roads (Figure 1). The existing quarry is located on privately owned land. Andrada Holdings, LLC proposes to expand the quarry onto adjacent split-estate land where the Arizona State Trust holds the surface estate and the United States Bureau of Land Management (BLM) holds the mineral estate. The surface estate and mineral estate were severed in 1941, the result of a state exchange patent being granted by the United States to the State of Arizona for ownership of the surface estate. The quarry is in a rural area with low density residential neighborhoods 0.5 miles to the east and 1.5 miles to the north. The area is undergoing rapid development with high density housing subdivisions two miles to the west. The quarry has been in operation for more than 45 years and has produced a variety of high grade calcium carbonate products that have been utilized in the construction, paint, paper, and landscaping industries. The area is underlain by the Escabrosa Limestone which has been mined and exposed by numerous pits, drill holes, and exploration trenches including a pit mined by former owner Georgia Marble Company. This mine pit intersects the water table. While the complete operational history of the privately owned Andrada Quarry is uncertain, key dates are as follows: • The Andrada Marble Company initially began quarrying for marble at the site in 1959. • Georgia Marble purchased the operation from the Andrada Marble Company in 1991 and operated the quarry until 1997. • Imerys Marble purchased the Georgia Marble Company in 1997. • Imerys ceased quarrying marble, but continued material processing and bagging operations through 2003 using material from existing stockpiles and material produced from their mine near Sahuarita, Arizona. • W.R. Henderson acquired the site from Imerys Marble in August 2003. • Andrada Holdings LLC acquired the site in September 2011 and currently holds title to private lands and mining claims on state lands associated with the quarry. • Lamb Rock and Southern Arizona Rock operated the site for aggregate production from late 2003 through March 2014. • The site has been inactive since March 2014 while Andrada Holdings is in negotiations with a new operator. Process Background A mine plan of operations (MPO) for the proposed operation at the Andrada Marble Quarry was submitted by Andrada in 2004. In accordance with provisions of the National Environmental Policy Act (NEPA), the impacts of the proposed operation were analyzed through an environmental assessment (EA). The Tucson Field Office issued a Finding of No Significant Impact (FONSI) and Decision Record approving the EA and MPO in July 2005. In August 2005, a request for a State Director review of the decision was received. A remand of the decision and subsequent stay was issued by the BLM Arizona State Director in November 2005. The BLM revised the MPO and the environmental analysis to better address the issues brought forth by the petitioners. 3 The revised MPO and EA were approved March 12, 2007. This decision was then appealed to the Interior Board of Land Appeals (IBLA). Pursuant to the IBLA order (IBLA 2007-164) of July 31, 2007, the decision to approve the MPO was set aside and remanded. A new EA and unsigned FONSI were prepared and made available for public comment from April through June 2013. Nearly three hundred separate comments were received including one hundred seventy two substantive comments. Refer to Section 1.6.3 below for more information on how comments were addressed. This EA addresses the substantive comments received in 2013 and new information provided by Andrada Holdings. 1.2 Purpose and Need for Action The purpose of this action is to respond to the submission of a proposed MPO from Andrada Holdings to expand their existing quarry site. Pursuant to the U.S. mining laws, Andrada is entitled to conduct operations that are reasonably incident to exploration and development of mineral deposits on its unpatented mining claims. The need for the action is established by BLM’s responsibility under the Federal Land Policy Management Act (FLPMA) and the Mining and Minerals Policy Act of 1970, and as described in regulations at 43 CFR 3809. 1.3 Decision to be Made The BLM must determine if the proposed MPO meets the requirements of 43 CFR 3809.401. Based on an evaluation of alternatives and potential impacts, the BLM will make a decision determining whether or not to approve the proposed MPO. The BLM may add additional mitigation measures to reduce resource impacts, if warranted. Although a portion of the proposed project would occur on Arizona State Trust lands, the BLM is the approving surface management agency with regard to approval of the MPO. At a minimum, this includes BLM’s authority to require the following: • Avoidance of sensitive resources and relocation of a surface disturbance activity in order to protect a sensitive resource. • Submittal and implementation of an adequate reclamation plan and achievement of reclamation goals. • Conduct operations in a manner that avoids unnecessary or undue impacts to other resources. 1.4 Conformance with Applicable Land Use Plan(s) The Proposed Action is subject to the Phoenix Resource Management Plan (RMP), approved September 1989. Page 14 of the RMP under the Minerals Management section states that mineral development is generally encouraged on public lands that are open to entry and location under the U.S. mining laws in adherence to BLM’s multiple-use mission. The Proposed Action has been determined to conform to the land use plan terms and conditions as required by 43 CFR 1610.5. 1.5 Relationship to Statutes, Regulations or Other Plans Per 30 USC Sec. 1602 it is the continuing policy of the United States to promote an adequate and stable supply of materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Further, the Mining and Minerals Policy Act of 1970 declares that the policy of the Federal Government is “to foster and encourage private enterprise in the development of a stable domestic minerals industry and the orderly and economic development of domestic mineral resources”. 4 Exploration and development of locatable mineral resources are provided for under the regulations found at 43 CFR 3809 and 3715. Mining activity is administered on a case-by-case basis. The BLM decision would authorize the use of mineral estate held in reserve by the federal government and managed under the authority of the BLM. Use of non-BLM land (State Trust land and private land) is subject to the agency or private landowners' permission. Pursuant to A.R.S. 27-254, Andrada has acquired a land use permit from the Arizona State Land Department. Special Land Use Permit 23-114960-11 encompasses 100 acres within the State of Arizona Lease located in the Northwest Quarter of the Northwest Quarter of Section 21, Township 17 South, Range 16 East, G&SR Meridian. Quarry access is located on Arizona State Trust land. Andrada has access via a right-of-way from the Arizona State Land Department. Haul Road Right of Way, Lease No 18-116832, is located by metes and bounds through the West Half of Section 16, Township 17 South, Range 16 East, and by metes and bounds through the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 21, Township 17 South, Range 16 East, Gila & Salt River Meridian as identified on the Mount Fagan, Arizona, 7.5 Minute USGS Quadrangle Map (1996). In 2006, Pima County prepared the Pima County Comprehensive Land Use Plan (PCCLUP) – Planned Land Use – Eastern Pima County, to regulate future development of undeveloped areas of Pima County (Pima County 2006). According to the PCCLUP, the proposed project area occurs within an area designated as a Biological Core within Pima County’s Conservation Land System. Pima County designated land use of the area where Andrada is proposing operations as low-to-medium urban development. The Pima County plan calls for protection of Biological Core lands within the Conservation Land System through low-intensity uses and acquisition by the County. Although provisions for mining are not addressed in the PCCLUP, jurisdiction over the mineral estate of the subject lands remains with the federal government. Pima County Outdoor Lighting Code, Ordinance 2012-14, provides rules and guidelines for lighting with the purposes described in Section 101 of the code: The purpose of this code is to preserve the relationship of the residents of the City of Tucson, Arizona and Pima County, Arizona to their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity and minimizing wasted energy, while not compromising the safety, security, and wellbeing of persons engaged in outdoor night time activities. It is the intent of this code to control the obtrusive aspects of excessive and careless outdoor lighting usage while preserving, protecting, and enhancing the lawful nighttime use and enjoyment of any and all property.