Otero County plans to sue BLM over mining road

From the Alamogordo Daily News - A year ago, an Orogrande girl led a campaign to stop a mining company from gaining access to the old Cinco de Mayo mine near the small southern New Mexico town. Now, Otero County is trying to use an eminent domain rule to open the road to the mining company, Gulf Coast Mining.

County Commissioner Ronny Rardin said that Gulf Coast Mining was invited a couple of years ago by the New Mexico economic development secretary to come into the state and do some work. "They looked at two sites, Deming and Otero County," he said. According to Rardin, Otero County had told the mining company it was OK to start when actually it wasn't. In February of this year, Gulf Coast Mining was approved for a minimal impact new mining operation permit for the Iron Duke Mine from the state Energy, Minerals and Natural Resources Department, but the company has not gotten clearance through the BLM to widen the roads for their equipment. But, Rardin said, the mining company has a "patent" right-of-way to use that road to get to its mine. Edward Seum, supervisor for BLM's Lands and Minerals Division in Las Cruces, said BLM and Gulf Coast Mining have been working to get something done about the permitting but have not reached a point where the roads can be accessed yet. "We did issue a trespass," Seum said. "As part of that trespass, we did issue a decision for administrative damages to them and they did pay those damages." Gulf Coast Mining has paid the $7,611 damage assessment, but BLM has not yet collected money for repair work (on damage already caused) because the company has applied for a right-of-way and, if that is granted, the reparation of damaged areas will be part of the requirement for use. Seum said there are no endangered or threatened animal species in the area of the roads or mines. "There are sensitive plants," he said. "State-listed plants that could be in the area and, as part of the process that we go through to investigate right-of-way, we do environmental studies." But before thinking about environmental studies, Gulf Coast Mining has to put up a $200,000 bond before it can work on the road. Bill Childress, BLM district manager, said the bond is required because there are two cultural sites that could be affected by the work on the road Gulf Coast Mining will have to do. The bond would cover the mitigation of those sites if they get damaged. The cultural sites are prehistoric with a component of a historic site, he said. Read more

Otero County plans to sue BLM over mining road