Decision Memo - USDA
Transcript of Decision Memo - USDA
Decision Memo – Copper Springs Project Page 1 of 13
Decision Memo
Copper Springs Project
USDA Forest Service
Tonto National Forest
Globe Ranger District
Gila County, Arizona
Background Anglo American Exploration (USA) Inc. (Anglo American) proposed an exploratory drilling project
southwest of Globe, in Gila County, Arizona by submitting a proposed Plan of Operations (Plan) for their
Copper Springs project. This project was previously proposed by Bronco Creek Exploration however the
project was never initiated or finalized.
The Copper Springs project on the Globe Ranger District is located in Township 1 South, Range 15 East,
Section 3-5, 9 and 10 (Gila and Salt River Base Line Meridian), near Russel Road, approximately two air
miles southwest from the town of Globe. See figure 1 through figure 3 in the appendix.
Purpose and Need The Forest Service is required to respond to proposed plans of operations on National Forest System
lands per the 1872 Mining Law and in accordance with requirements of 36 Code of Federal Regulations
(CFR) Part 228A. There is a need for the Forest Service to comply with the law and regulation in a
manner that minimizes adverse environmental effects and provides for reclamation of surface resources.
In accordance with 36 CFR 228.5, the submittal of the proposed Copper Springs project by Anglo
American requires the Forest Service to consider whether to approve the proposed Plan or to require
changes or additions deemed necessary to meet the purpose of the regulations for locatable mineral
operations at 36 CFR part 228, subpart A. Forest Service cannot categorically prohibit Anglo American’s
operations that are reasonably incident to mining of locatable minerals on National Forest System lands in
the area of the proposed action. The purpose of this project is to authorize activities for Anglo American
to explore for mineral resources in accordance with law, regulation, and policy.
Laws governing activities on National Forest System lands provide the public a statutory right to conduct
locatable mineral exploration, provided activities are reasonably incidental to mining and comply with
other Federal laws and regulations (i.e. 1872 Mining Law as amended, 1897 Organic Act, 1955 Mining
Act, and case law). Forest Service is directed to regulate such activities for the purpose of minimizing
adverse environmental effects and to provide for reclamation of surface resources (36 CFR Part 228A).
Forest Plan Direction
The 1985 Tonto National Forest Land Management Plan (Forest Plan) offers Forest-wide management
direction pertinent to minerals, which includes “Support environmentally sound energy and minerals
development”(Forest Plan, page 22). The Copper Springs project is located in Tonto Forest Plan
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Management Area 2F. For this management area, direction for minerals includes processing plans of
operation. Additionally, Forest Plan management prescriptions applicable to all areas will be followed.
Decision I have decided to approve the proposed action, which will authorize Anglo American’s proposed plan of
operations for the Copper Springs project. Activities associated with the Copper Springs project include
drilling, road use, road improvement and overland motorized travel for access. All activities associated
with this project will be completed within one year of authorization of a Plan of Operations.
This project will minimize surface disturbance while testing subsurface geologic targets. The project area
has been surveyed for archeological and biological resources. Recommendations from the reports for
these resources will be used for mitigation measures and become part of an approved Plan.
Drilling - Anglo American identified six potential drill sites, from which a maximum of four drill sites
will be authorized for drilling. Based on the initial results from the first drill site, Anglo American will
determine which of the subsequent sites that are authorized will be drilled. Each potential drill site is
located in previously disturbed areas with relatively little vegetation to minimize further disturbance with
this project. Sites may require leveling a small area for equipment, constructing a sump to contain drill
cuttings and some vegetative clearing.
Road Access and Improvements - Anglo American identified minor road improvements on up to nine
sections on Forest Service roads 2639, 998 and 997 that will need to be completed in order to safely
transport drill equipment and crews to proposed drill sites. Road improvements will only occur in existing
roadbeds within the existing road prism, and will include blading and filling areas of erosion. One
overland access route will include elimination of a berm, which will be replaced upon completion of the
drilling operations. Road access and improvements will only be completed if an associated drill site is
selected for drilling. Road widening will not occur and road closures will not be authorized. No changes
or restrictions in public access will be authorized as part of this project.
Overland Route - One overland route will be authorized to access one of the drill pads. Use of the
overland route will only occur if the associated site is selected for drilling, and access will be obtained by
driving vehicles and equipment over the route. Larger vegetation and rocks will be avoided or
transplanted out of the roadway.
Timing – The Copper Springs project will be completed within one year or less. All surface disturbing
operations will cease regardless of the number of drill holes completed, with enough time remaining to
complete reclamation within one year from the date of commencement. Completion of work outside the
one year timeframe will require submittal of a new plan of operations, evaluation, and environmental
analysis.
Reclamation – Reclamation will occur at each drill site as soon as exploration work at that site is
completed. Well reclamation will be accomplished by abandoning each drill hole according to Arizona
Department of Water Resources standards. The operator will submit copies of well drilling, abandonment,
or well project completion forms submitted to state regulatory agencies to the district ranger for
documentation.
Unless otherwise agreed to in advance by the district ranger in consultation with Forest water resources
staff, and approved by the Arizona Department of Water Resources in accordance with their procedures,
wells will be abandoned in accordance with Standard Method as described in Section IV. A. of the Well
Abandonment Handbook (Arizona Department of Water Resources 2008). This method will ensure
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compliance with Arizona Administrative Code R12-15-816(G), and the Federal regulations at 36 CFR
228.8(b), (g), and (h).
Surface reclamation activities include loosening of compacted soil, scarifying overland routes,
distributing organic matter and stockpiled topsoil, and seeding with Forest Service prescribed noxious
weed-free seed mix. Sites will also be contoured to conform to natural surroundings.
All sumps at drill sites will either be in tank(s) brought expressly for the purpose, or if an excavated sump
is to be used, it will be lined with an impermeable plastic liner to prevent infiltration. Adequate measures
to prevent runoff into watersheds and drainages, such as wattles, silt fencing, straw bales, and / or other
best management practices for storm water runoff will be employed. Any required permits, such as a
Construction General Permit or Multi-Sector General Permit from the Arizona Department of
Environmental Quality, and / or a Storm Water Pollution Prevention Permit (SWPPP) will be acquired
from the appropriate agency(ies) prior to approval by the Forest Service.
The operator will pump all fluid out of the sump into tank(s) for removal and disposal or reclamation off
of National Forest System lands and in accordance with state and local regulations. Dry cuttings will be
removed from sumps along with the plastic liner. Sumps will then be backfilled and any original topsoil
will be contoured to match existing topography.
Bonding – Anglo American will post a reclamation bond prior to authorization to proceed with drilling to
ensure reclamation funding is available to the Forest Service. Bonds are required to cover the estimated
reclamation costs for prospecting, mining and other mineral operations on National Forest System lands.
A bond is necessary to ensure performance of reclamation and mitigation measures are completed. Forest
Service will return the bond once reclamation is deemed complete. All reclamation work will be
completed within one year of authorization.
Mitigation Measures
Mitigation measures are measures that are taken to minimize potential impacts that may occur due to
implementation of the proposed action. Mitigation measures are also developed to address concerns raised
about the proposed action. The following are mitigation measures that will become Terms and Conditions
of an approved Plan of Operations and adhered to during project implementation:
Drilling Operations and Access:
1. District Ranger and minerals administrator will be informed of which site(s) will be mobilized at
least two business days prior to mobilization, and two days before estimated demobilization.
Detailed reclamation schedules will be provided as they are developed.
2. A list of all hazardous materials and their Safety Data Sheets that will be on the Forest must be
provided to the minerals administrator, by the operator or any contractor(s) or subcontractor(s) for
review prior to commencement of operations.
3. The minerals administrator shall be notified at least 24 hours prior to plugging of drill holes to
provide for field inspection and monitoring of the plugging activities by a Forest Service minerals
administrator.
4. All drill holes shall be plugged with cement or bentonite grout placed from the bottom of the drill
hole to a depth of two feet below ground surface. Plugging of all drill holes shall be consistent
with Arizona Administrative Code RI2-15-816, the Arizona Department of Water Resources Well
Abandonment Handbook and the ASTM International Standard Guide for Decommissioning of
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Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for
Environment Activities (ASTM D5299-99).
5. The operator shall engage a professional geologist or engineer registered in the state of Arizona to
conduct independent third-party construction quality assurance (CQA) oversight during plugging
of all drill holes. A report documenting the plugging methods and CQA activities shall be
prepared by the third-party geologist or engineer for each drill hole, and shall be submitted to the
Forest Service within 60 days after completion of the plugging activities. A stamped plate
indicating the hole number correlating to the Plan of Operations must be included on the
abandoned well.
6. When mobilizing a drill rig to the project area and when moving from site to site, spotters will be
used in both front and behind vehicle transporting drill rig to ensure safety of Forest users and
potential wildlife on roadways.
7. Drill pads shall be flagged at five to ten foot intervals to ensure disturbance does not exceed
permitted area. Any deviation from the pads outlined in the Plan of Operations (i.e. expansion
into the 50 foot cleared buffer) will be reported to the District Ranger with a plan map of the
deviation.
8. At active drill sites, secondary containment structures will be used to store (hydraulic oil, diesel,
gasoline, tubes of grease, or any other miscellaneous small containers. During drilling operations,
drill rig will be parked on top of plastic sheeting overlain by adsorbent material. Plastic and
absorbent material will also be used under any other gasoline or diesel motors, or other equipment
that may leak oil.
9. During drill site occupancy, signs will be placed on access road in each direction, alerting Forest
users of activity.
10. Notification of any changes in operator or claimants will be promptly submitted to the Forest
Service.
Wildlife and Plants: Best Management Practices
11. All equipment, and tires and undercarriages of all vehicles, must be cleaned and inspected by
Forest Service personnel prior to use on National Forest System lands. This is done to remove
dirt, plant parts, and materials that could carry noxious weed seed prior to mobilization on Forest.
12. Avoid impacts to trees, shrubs, and cacti wherever possible. Transplant any barrel cactus, pincushion cactus, ocotillo, and agave species located within areas proposed to be disturbed.
Plants are to be placed back onto forest lands and may be used for reclamation.
13. Avoid all wildlife; do not handle. Check underneath vehicles and equipment before using or
moving.
14. Travel at reduced speeds while using forest roads to prevent collisions with wildlife.
15. A wildlife escape ramp will be incorporated into open sump pit design.
Wildlife Specific: Sonoran Desert Tortoise
16. Avoid Sonoran desert tortoises and do not handle unless absolutely necessary. If the need to move
out of harm’s way is necessary, follow the Guidelines for Handling Sonoran Desert Tortoises Encountered on Development Projects, Arizona Game and Fish Department, Revised October 23,
2007.
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17. Inform crews of the potential to encounter Sonoran desert tortoises in the project area.
18. Check below equipment prior to moving and cover holes that could potentially entrap a tortoise.
19. Fence sump, utilizing finer mesh from the surface interface to 18 inches in height.
Cultural Resources
20. Known National Register of Historic Places eligible sites must be avoided by any ground-
disturbing activity. There are no known sites in the vicinity of the project.
21. If previously undiscovered cultural resources (historic or prehistoric objects, artifacts or sites, are
exposed as a result of operations, all work must immediately cease at that location and Globe
Ranger District Office [(928) 402-6200] must be notified of discovery. Operations may not
proceed at that location until further direction is received from Forest Archaeologist.
Recreation
22. Lights used to illuminate drill sites will be outfitted with shields, directed toward the drill site and
pointed directly toward the ground to minimize light scatter.
23. Lights used for night work and safety at Copper Springs drill sites, would be directed or shielded
away from Globe and private residences to minimize nightlight effects.
24. Drilling and other equipment on sites will be configured so that motors are oriented away from
Globe and private residences to minimize noise impacts to the extent practicable.
Fire
25. Operator will comply with all applicable Federal and State fire laws and regulations, and will take
all reasonable measures to prevent and suppress fires on area of operations. Operator will require
all of its employees, contractors, and subcontractors to do the same. Operation is subject to more
specific fire guidance at direction of the District Ranger depending upon local conditions.
Reclamation
26. Solids and desiccated drilling muds in the mud pits will be excavated and removed from National
Forest System lands prior to demobilization. Dry cuttings will be removed from sumps along with
the plastic liner. These materials will be disposed of in accordance with state and local
regulations. The sumps will then be returned as soon as practicable to natural grade using
material set aside during site construction and sump excavation. The site will be contoured to
match existing topography.
27. Segregated topsoil will be stockpiled on site, stabilized and must be used in reclamation of drill
sites. Drill sites will be recontoured to pre-drilling conditions.
28. Use native and weed free species for all reclamation on forest, following testing procedures for
seed mixes and send certifications to Minerals Group biologist prior to use on forest:
http://www.fs.usda.gov/detail/tonto/landmanagement/resourcemanagement/?cid=fsbdev3_018789
29. Detailed receipts from landfill to document appropriate method of disposal, and copies will be
submitted to the Forest Service within 30 days of receipt.
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30. Fence or cattle guards that need to be cut, removed, or are damaged will be repaired or replaced
with like kind. The Forest Service minerals staff will be notified prior 1 day prior to cutting or
removal of fence and immediately upon damaging fence or cattle guards.
31. Any drilling activities not completed within 11 months from plan authorization shall cease in
order to allow a maximum of one month to complete any necessary reclamation activities.
Completion of any work outside that time limit would require a new plan of operations, analysis,
and environmental analysis.
Other Compliance
32. Operator will list Tonto National Forest as “Landowner” on all Notice of Intent to Drill and
Abandon an Exploration / Specialty Well, ADWR Form 55-43B, and provide copies of submitted
forms to minerals administrator.
33. For documentation of operator’s compliance with 36 CFR 228.8(a) through (h), copies of all
documents submitted to and received from ADWR, ADEQ, or other state or Federal agencies
certifying or approving compliance with their respective laws and regulations will be promptly
submitted to the minerals administrator.
Reasons for Categorically Excluding the Proposed Actions My assessment is that this decision falls within the categories of actions listed in the Forest Service
National Environmental Policy Act Handbook (FSH) that are excluded from documentation in an
environmental assessment or environmental impact statement. This category is found in FSH 1909.15,
section 32.2 and 36 CFR 220.6(e)(8),“Short-term (1 year or less) mineral, energy, or geophysical
investigations and their incidental support activities that may require cross-country travel by
vehicles and equipment, construction of less than 1 mile of low-standard road, or use and minor
repair of existing roads.” This category of action is applicable because it is a short-term mineral
investigation and there are no cause-effect relationships between the proposed action and the potential
effect on resource conditions that could lead to an extraordinary circumstance (36 CFR 220.6(b)) (FSH
1909.15, Sec 31.2). Forest Service Chief established this categorical exclusion for routine actions
that normally do not individually or cumulatively have a significant effect on quality of the
human environment.
I have determined that there are no extraordinary circumstances associated with this project that would
preclude the use of this category. This determination is based on the absence or the negligible level of
adverse effects on the following resource conditions:
a. Federally listed threatened or endangered species or designated critical habitat, species
proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species –
A Biological Evaluation was completed on October, 30, 2017. Project actions will have no effect on Arizona Hedgehog Cactus, Mexican Spotted Owl or designated critical habitat, and
Ocelot.
Known habitat parameters are lacking within the project for Arizona Hedgehog Cactus and Ocelot. Primary Constituent Elements and Protected Activity Centers of Mexican Spotted
Owl critical habitat are absent in the project area. No sign of Sonoran desert tortoise use or
occupancy was observed during survey efforts and during multiple site visits, habitat is
lacking, and implementing mitigation measures for this species will further ensure that this
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project is not expected to impact individuals or result in a loss of population viability for the
Sonoran desert tortoise.
Project will be relatively short in duration, limited in size and scope. The size and scope of
disturbances and subsequent reclamation resulting from this project are not expected to
contribute significantly to any cumulative effects for any species in conjunction with other
mining, fire, livestock grazing, and recreational activities in the area.
b. Flood plains, wetlands, or municipal watersheds – Project will not occur in flood plains,
wetlands, or municipal watersheds and therefore there are no impacts to flood plains,
wetlands or municipal watersheds are anticipated from the Copper Springs project. Impacts from with the Copper Springs project, related to water, are limited to sites themselves,
temporary and short-term, and therefore have no cumulative effect. Any potential impact is
eliminated by following state required standards and permitting for drilling and abandoning mineral wells, managing water at surface, and reclamation.
c. Congressionally designated areas such as wilderness, wilderness study areas, or national
recreation areas – Project will not occur within or affect any wilderness, wilderness study
areas, or national recreation areas. The nearest wilderness is over ten air miles away and therefore there will be no effects to wilderness, wilderness study areas, or national recreation
areas and no further discussion of this resource is necessary.
d. Inventoried roadless areas or potential wilderness areas – Project will not occur within or affect inventoried roadless areas or potential wilderness areas because the areas are not
present or near the project.
e. Research natural areas – Project will not occur within or affect research natural areas because research natural areas are not present or near the project.
f. American Indian religious or cultural sites; and archaeological sites, or historic properties or
areas – Consultation with interested Tribes was conducted to identify any American Indian
properties or areas that may be affected by this decision. No such properties were identified. A cultural resource survey was completed in May, 2014. One isolated occurrence was record
and is recommended not eligible for the National Register of Historic Places under any
criterion. Therefore there is no potential to effect historic properties.
Public Involvement and Tribal Input On August 17, 2017, a scoping letter was mailed out to approximately eighty individuals and
organizations outlining the proposed action. Requests for consultation and input from individual Tribes
were sent by letter dated August 24, 2017, to eleven different Tribes. Three Tribes responded with
general opposition to mining and support for mitigation measures that will be implemented for cultural
resources. Additionally, one letter from Arizona Game and Fish Department (Department) was received.
Concerns from the Tribes and Department about future mining operations, general opposition to mining
and exploration activities, and disappointment that the Forest would consider plans of operations, were
raised. General opposition to mining and concerns for future mining operations are outside the scope of
decision to be made as active mining operations are not proposed as part of this project. Law, regulation
and policy directs the Forest how to process mineral proposals. Exploratory drilling was proposed, and
we followed general mining laws, locatable minerals regulation at 36 CFR 228, Subpart A, and minerals
program policy, to process the proposal. See Decision and Finding Required by Other Laws and
Regulations for more information.
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Concerns about cumulative effects were raised. Effects of this project are minimal, temporary, mitigated
or completely avoided, and therefore will not contribute to the cumulative effects of any other project.
Mitigation measures will adequately protect the environment and extraordinary circumstances are either
not present or the potential effect will be mitigated. The use of the categorical exclusion for this project is
the appropriate level of environmental analysis under the NEPA. See extraordinary circumstances review
in the Reasons for Categorically Excluding the Proposed Actions section for more information.
One Tribe recommended that the Forest Service determine what corporate alliances exist with Anglo
American; however, Forest Service does not determine or interfere with corporate relationships and
recognizes that contractual relationships between business entities can change due to market conditions or
other reasons. We respond to parties who submit proposed plans of operation for approval, regardless of
corporate alliance. We consider whether to approve the proposed plan of operation as received or to
require changes or additions deemed necessary to meet the purpose of the regulations for locatable
mineral operations at 36 CFR part 228, subpart A. Active mining operations are not proposed as part of
this project. The proposed Copper Springs Project is not a connected action to Resolution Copper’s
proposed General Plan of Operations (Plan number 03-12-02-021) because it does not meet any of the
three requirements of 40 CFR 1508.25(a)(1). Specifically, this project:
1) Will not automatically trigger other actions which may require environmental impact statements (§1508.25(a)(1)(i));
2) Can proceed regardless of any previous or simultaneous activity on the Resolution Copper’s
General Plan of Operations (§1508.25(a)(1)(ii)); and
3) Is not an interdependent part of a larger action which relies on the larger action for justification (§1508.25(a)(1)(iii)).
The purpose of the drilling is to test subsurface geologic targets, not to determine mining methods in
relation to other projects. See Decision and Finding Required by Other Laws and Regulations for more
information.
Concern that environmental resources are not adequately addressed by existing regulation was raised by
the Arizona Game and Fish Department (Department). Adequacy of existing regulations is outside the
scope of the decision to be made. In accordance with regulations at 36 CFR 228.5(a)(3), the submittal of
the proposed Copper Springs project by Anglo American requires the Forest Service to consider whether
to approve the proposed Plan or to require changes or additions deemed necessary to meet the purpose of
the regulations for locatable mineral operations at 36 CFR part 228, subpart A. We develop
environmental protection measures to minimize adverse environmental impacts on resources and in
accordance with 36 CFR 228.8 regulations. See Findings Required by Other Laws and Regulations for
more information.
The Department suggested that mitigation components should be identified and built into the process as
early as possible for both exploration and extraction through the plan of operation in order to provide for a
clear and transparent process. The purpose of the scoping letter was to solicit input on mitigation
measures for a drilling project. Suggestions that were relevant to the Copper Spring project that were
received from the Department and from the Tribes were included in the mitigation measures. For
example, one Tribe suggested including all mitigation measures from a previous exploration drilling
project and we added all applicable measures. See mitigation measures in the Decision section.
The Department wanted us to consult with US Fish and Wildlife Service (USFWS). We did inform
USFWS of the project; however, consultation with USFWS occurs when it is determined that a proposed
action may affect listed species or designated critical habitats. This project does not meet that
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requirement. The project area lacks primary constituent elements for Mexican Spotted Owl critical
habitat and lacks important habitat parameters associated with Desert tortoise. See extraordinary
circumstances review in the Reasons for Categorically Excluding the Proposed Actions section for more
information.
It was recommended by the Department that the Forest build in and establish remediation costs into the
plan of operation, and be part of the environmental analysis process. That is outside of scope of decision
to be made. The NEPA process is used to inform the decision maker and disclose effects. The bond is not
used to inform the decision maker or disclose effects. Instead, it is used to ensure compliance and cover
costs of reclamation for an authorized operation. An operating plan will not be authorized until the Forest
Service accepts the bond instrument. See bond description in the Decision section for details.
Findings Required by Other Laws and Regulations This decision is consistent with the Tonto National Forest Land Management Plan. The project was
designed in conformance with the Forest Plan and other federal and state law, policy, and direction
applicable to the resources present in the Tonto National Forest. The National Forest Management Act of
1976 (Public Law 104-33, as amended) requires the U.S. Forest Service to provide for biological diversity
on National Forest Service lands consistent with overall multiple-use objectives and to maintain viable
wildlife populations in the planning area. The Forest Plan discloses forest wide standards and guidelines
and management area direction.
Implementation of this decision will not violate any Federal, State, or local laws or requirements imposed
for the protection of the environment including:
• Clean Water Act, as amended
• Clean Air Act, as amended
• Endangered Species Act of 1973, as amended
• American Antiquities Act of 1906 and Historic Preservation Act of 1966
• Executive Order 13186 of 2001, Migratory Bird Treaty Act
• Executive Order 12898 of 1994, Environmental Justice
Laws governing activities on National Forest System lands provide the public a statutory right to conduct
locatable mineral exploration, provided activities are reasonably incidental to mining and comply with
other Federal laws and regulations (i.e., 1872 Mining Law as amended, 1897 Organic Act, 1955 Mining Act, and case law). Forest Service is directed to regulate such activities for the purpose of minimizing
adverse environmental effects and to provide for reclamation of surface resources (36 CFR Part 228A).
Administrative Review (Appeal) Opportunities
This Decision is not subject to objection pursuant to 36 CFR 218. However, this decision involves a written instrument to use or occupy National Forest System lands and that authorization, the Plan of
Operations, is subject to appeal solely by the proponent, Anglo American under 36 CFR 214.4(b)(1).
Implementation Date This project may be implemented immediately following Forest Service acceptance of a reclamation bond
instrument and subsequent approval of the Plan of Operations. I anticipate that this project will be
implemented in December of 2017.
Contact
For additional information concerning this decision, contact Vonnie Young at (602)225-5300.
Mark Sando District Ranger
Date
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Appendix
Figure 1. Exhibit A: Copper Springs Project overview map
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Figure 2. Exhibit B: Copper Springs property map