Dick Shuman, PE, Environmental Coordinator, Casa Paloma I Homeowners, Inc. I AM SUBMITTING WRITTEN COMMENTS ON BEHALF OF THE Casa Paloma I Homeowners Association on the APP and Mitigation Consent Order. I’m commenting now on this Mitigation Consent Order, which deals with the now famous sulfate plume that is contaminating our drinking water supplies. THIS CONSENT ORDER BRINGS BAD NEWS AND GOOD NEWS. FIRST THE BAD NEWS, It does not mandate the two things our community wants most. FIRST, WE WANT THE PLUME TO BE MITIGATED BY Stopping the seepage from the Tailings Impoundment Stopping the Spreading of the Plume Reducing the size and contamination level of the Plume SECOND, WE WANT OUR DRINKING WATER TO BE OF THE SAME QUALITY THAT NATURE GAVE US – WE DO NOT WANT IT TO BE DEGRADED. DOES THE CONSENT ORDER MANDATE OR ASSURE US OF THESE TWO OUTCOMES? NO IT MANDATES ONLY ONE OUTCOME: PHELPS DODGE IS ORDERED TO PROVIDE AND IMPLEMENT A MITIGATION PLAN TO “PRACTICALLY AND COST EFFECTIVELY PROVIDE A DRINKING WATER SUPPLY…… with sulfate concentrations less than 250 mg/L to the owner/operator of an existing drinking water supply determined….and verified…to have an average sulfate concentration in excess of 250 mg/L….as a result of the sulfate plume originating from PDSM tailing impoundment.” IN OTHER WORDS, PHELPS DODGE MUST DO SOMETHING ONLY IF A DRINKING WATER SUPPLY IS DETERMINED TO EXCEED 250 MG/L SULFATE. THAT’S THE ONLY ASSURED OUTCOME . THIS NOT WHAT OUR COMMUNITY WANTS. WE WANT THE PLUME STOPPED SO THIS NEVER HAPPENS. AND WE WANT WELLS TO SUPPLY the quality of water that Nature gave us, NOT the contaminated quality that Phelps Dodge mine is giving us. BACK TO THE CONSENT ORDER PROCESS = = This Consent Order essentially mandates a process to be followed to mitigate the sulfate plume problem. There are many “loopholes” (vagueness, uncertainties) in this process that can be used to delay, result in disagreements, allow unacceptable selections and decisions, etc., AND RESULT IN UNDESIRED CONSEQUENCES. NOW FOR THE GOOD NEWS On the other hand, this process can provide a FLEXIBLE framework for solving the sulfate plume problem if Phelps Dodge acts in good faith and in accordance with Corporate policy statements found on Phelpsdodge,com website and ALSO made by John Brack, Manager OF THE MINE. TRUST AND INTENT HAVE BECOME THE KEY ITEMS IN THIS CONSENT ORDER. Many in our community are now inclined to trust Phelps Dodge to act in good faith, and feel it is time to move ahead. I am one of these, trusting in the good faith of Phelps Dodge, the professionalism of ADEQ, and the oversight of the Community Advisory Group to arrive at acceptable solutions. HAVING STATED MY WILLINGNESS FOR THE APP TO BE APPROVED, I ALSO MUST STATE THAT I HAVE MANY CONCERNS. MY WRITTEN COMMENTS DISCUSS MANY THESE CONCERNS. THE First and Best Course of Action IS for Phelps Dodge to step up and correct contamination of the aquifer in the long term. THIS MEANS
If Phelps Dodge is committed to (and able to) accomplish this, our community will be well served, and other of the mitigation requirements become moot. WE WOULDN’T HAVE TO FRET AND WORRY ABOUT CONTAMINATED WELLS. If the seepage continues, the plume will spread and reach water supplies - and further mitigation actions will be required. THESE ACTIONS ARE MUCH LESS DESIRABLE. STOPPING THE PLUME IS THE WAY TO GO. |