A new round of endangered species review delivers potentially crippling blow to Augusta Resource’s Rosemont copper project

The discovery last month of one male ocelot near the proposed Rosemont copper mine site and new information on the impacts to other endangered species has triggered a new round of formal endangered species act consultations between federal regulatory agencies.

The endangered species review, combined with other recent regulatory developments concerning impacts to water resources, may deliver the fatal blow to Augusta Resource Corporation’s effort to develop the open-pit mine in the Santa Rita Mountains southeast of Tucson.doc3667

The U.S. Fish & Wildlife Service (FWS) formally notified the U.S. Forest Service on May 15 that additional discussions over the Rosemont mine’s potential biological impact on the ocelot and seven other endangered species is required. It is unclear how long it will take for these consultations to be completed.

The reopening of endangered species consultation raises questions of whether regulatory hurdles are now too significant even for Toronto-based Hudbay Minerals Inc., which is in the midst of a hostile take over bid for Augusta. Hudbay, which already owns 16 percent of Augusta’s 145 million shares of common stock and has far more financial strength than Augusta, has an all-cash offer for Augusta that expires May 27.

Augusta appears to be running out of financial options and now may be forced to accept Hudbay’s buyout offer that Augusta has strongly resisted since February, unless Hudbay decides to withdraw its offer.

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Posted in Clean Water Act, EIS, Endangered Species, Wildlife | 5 Comments

Rosemont Copper’s Section 404 Clean Water Act permit in jeopardy as Army Corps again cites mitigation shortfalls

The U.S. Army Corps of Engineers on Tuesday notified Rosemont Copper Company that its most recent mitigation plan in its application for a Clean Water Act permit needed to construct the proposed Rosemont copper mine fails to fully compensate for damage to springs, washes and wetlands.

Rosemont’s failure to provide adequate mitigation for the irreversible damage the proposed massive open-pit mine will inflict on federal waters increases the possibility the Army Corps will not issue the company the crucial Section 404 Clean Water Act permit necessary to build the mine.

The May 13 letter from Army Corps Los Angeles District Engineer Col. Kimberly Colloton to Rosemont Copper CEO Rod Pace stops short of stating the agency will deny the permit. “This determination is not dispositive of a decision yet to be made whether to issue or deny your permit application,” Colloton states.

However, Colloton notified Pace that the Army Corps has concluded a year-long series of weekly meetings with Rosemont to discuss its mitigation plan which continues to fall short of minimum federal standards. “I have decided that my staff should now change its focus toward preparing a final permit decision,” Colloton states.

Colloton stated the Corps decision will be based in “accordance with the record and applicable regulations whether or not the permit should be issued.” Continue reading

Posted in Clean Water Act | 2 Comments

Motley Fool reports on Augusta’s permitting “shortfall” as its chairman continues history of misleading shareholders

Augusta Resource Corporation Chairman Richard Warke has a long history of failing to disclose information to shareholders, and now a prominent investment blog is highlighting Augusta’s failure to promptly inform investors about a significant permitting issue facing the company’s Rosemont copper project.

Warke, for example, didn’t disclose his 1998 personal bankruptcy for years in repeated regulatory filings for Augusta as well as other publicly traded companies where he served on corporate boards.

Nor did he disclose cease trade orders issued against companies while he served as a director, or the fact he was on the board of Vancouver, B.C. wood products company when it filed bankruptcy.

The disclosure oversights are in addition to the fact that early in his career he was slapped with a disclosure violation regarding trades while he was an insider that has resulted in his name still appearing on the British Columbia Securities Commission website under the heading: “Disciplined Persons and Investment Caution”. Continue reading

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Hudbay extends hostile bid for Augusta 10 days as it reviews permitting and approval outlook for Rosemont copper mine

Hudbay Minerals Inc. today extended its hostile take over bid for Augusta Resource Corporation to gain control of the Rosemont copper project for another 10 days and is now set to expire on May 16.

The extension comes three days after the British Columbia Securities Commission rejected Hudbay’s request to immediately void Augusta’s poison pill plan designed to thwart a hostile takeover of the Vancouver, B.C.-based speculative mining company.

The poison pill, also known as a shareholders’ rights protection plan, would allow Augusta to issue below market-priced shares of stock to existing shareholders, effectively raising the cost of a hostile takeover.

A four-member BCSC panel ruled Friday that Augusta’s poison pill would remain in place until at least July 15.  The commission ruled Augusta’s poison pill would only expire if Hudbay extended its offer to July 16 and provides a 10-day extension of the offer if it takes up any shares under the offer.

Unless Hudbay extends its offer to July 16, Augusta’s poison pill remains in place until the company’s next shareholder meeting in 2015, Augusta stated in a release. Continue reading

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Augusta shareholders extend poison pill hours before regulator’s scheduled vote on HudBay’s request to revoke plan

Augusta Resource Corporation shareholders this morning voted to continue a poison pill plan adopted by the Augusta board of directors last year in anticipation of a hostile takeover bid from HudBay Mineral Resources.

It’s uncertain, however, how long the plan will remain in effect.

The British Columbia Securities Commission will hold a hearing later today to determine whether to grant HudBay’s request to revoke Augusta’s poison pill.

There was no discussion during the 25-minute annual meeting about the upcoming BCSC hearing and the potential impact on Augusta if the commission votes to revoke the poison pill.

Augusta CEO Gil Clausen told about 50 people attending the annual meeting in a meeting room at the Pan Pacific Hotel overlooking Vancouver’s waterfront that Augusta expects to obtain regulatory approvals by June 30. Continue reading

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