Tag Archives: arizona department of environmental quality

1120 S. Mesa Drive

NAI Horizon Release Recent Transaction List

Sale Transactions:

Jeff Adams negotiated the sale of a 7,693 SF medical property, representing the buyer, Lelda Family, LLC, for $500,000. The property is located at 13822 North 35th Drive in Phoenix. Brad Cleaves with City to City Commercial Real Estate represented the seller, Warner Family Trust u/t/a dated April 8, 2005.

Lease Transactions:

Chris Gerow, Shelby Tworek, and Gabe Ortega represented the tenant, West Side Wings, LLC, in a 240 month retail lease transaction for a 5,800 SF space at 15375 West McDowell Road in Goodyear, Ariz. Ken Gatt with Evergreen Devco represented the landlord, Evergreen-McDowell & Pebble Creek, LLC.

Rick Foss represented both the landlord, 2202 West 10th, LLC, and the tenant, Coyote Curling Club, in a 64 month industrial lease transaction for a 26,500 SF space at 2202 West Medtronic Way in Tempe, Ariz.

Alexandra Loye represented the tenant, Integrated Medical Services, Inc., in a 39 month medical lease transaction for a 3,600 SF space at 2141 West Warner Road in Tempe. Ray Harris with Cassidy Turley represented the landlord, Investment 2141, LLC.

Mark Wilcke represented the landlord, Rita Elias Survivors Trust, George N. Elias Trustee, in a 39 month industrial lease transaction for a 5,872 SF space at 1120 S. Mesa Drive in Mesa, Ariz.

Chris Gerow, Shelby Tworek, and Gabe Ortega represented the tenant, Skintegrity for Men and Women, LLC, in a 63-month retail lease transaction for a 1,000 SF space at 1707 E. Guadalupe Road in Tempe. Cliff Johnson with Cassidy Turley represented the landlord, Watavision II, LLC.

Chris Gerow, Shelby Tworek, and Gabe Ortega represented the landlord, C-III Asset Management, LLC, in a 36-month retail lease transaction for a 1,500 SF space at 10649 North 43rd Avenue in Phoenix.

Chris Gerow, Shelby Tworek, and Gabe Ortega represented the tenant, Peter and Daniela Bujor, in a three-year retail lease transaction for a 1,100 SF space at 8280 W. Union Hills Drive in Glendale, Ariz.

Peggy Johnson represented the landlord, BALJJ Holdings I, in a 12-month office lease transaction for a 360 SF space at 6615 N. Scottsdale Road in Scottsdale, Ariz.

Peggy Johnson represented the tenant, Young Design Group, LLC, in a 12-month office lease transaction for a 250 SF space at 7234 E. Shoeman Lane in Scottsdale.

Curis Resources - Florence Copper Project

Florence Copper receives final APP permit

Florence Copper announced that the Arizona Department of Environmental Quality (“ADEQ”) has completed the required public consultation and review process relating to the Aquifer Protection Permit (“APP”) for Phase 1 operations at the Florence Copper Project (“Florence Copper”) site.

The ADEQ permit outlines the safety standards and regulatory oversight required by the State of Arizona for the protection of water quality at the project site.  The APP requires Florence Copper to meet the most stringent health and safety requirements during its operation, ensuring the protection of the environment at all times.

Florence Copper would like to thank the members of the public who provided their comments on the initial APP issued in September 2012 and the hard work and leadership shown by ADEQ staff in preparing this final approval.

“Receiving the final APP for the Phase 1 operations after a thorough public consultation process is good news for Florence Copper and for the Town of Florence,” said Florence Copper Vice President and General Manager Dan Johnson.  “ADEQ is the agency responsible for protecting Arizona’s water quality and they have done just that with this permit.”

The APP is one of two major operating permits Florence Copper requires to move to the first phase of operations at the site.  Phase 1 operations will consist of a Production Test Facility (“PTF”) that includes a 24-well in-situ recovery well field, a state of the art solvent extraction/electrowinning facility that will produce pure copper cathode, and associated infrastructure.  The PTF will demonstrate the science and safety of in-situ technology.

Additional information regarding Florence Copper can be found at www.florencecopper.com.

Alana Hake - color

Hake Joins Gallagher & Kennedy as Associate

Gallagher & Kennedy, P.A., a full service business law firm, announced today that Alana C. Hake has joined the firm as an associate in the Environmental and Natural Resources practice group. She will practice environmental and natural resources law, specializing in environmental remediation work for the mining industry.

Prior to joining Gallagher & Kennedy, Hake was an associate at a Phoenix law firm where she practiced environmental, energy, and regulatory law. She has significant experience analyzing and preparing legal memoranda on environmental, energy and regulatory issues. Hake has also successfully represented clients with regulatory compliance and licensing needs before several state regulatory agencies, including the Arizona Department of Environmental Quality, the Arizona Corporation Commission and the Arizona Department of Financial Institutions.

Hake earned her J.D., summa cum laude, in 2008 from Washington University in St. Louis and her B.S., summa cum laude, in 2005 from The Master’s College. She is a Blackstone Legal Fellow for Alliance Defending Freedom and a volunteer for The Florence Immigrant and Refugee Rights Project.

Alana Hake - color

Hake Joins Gallagher & Kennedy as Associate

Gallagher & Kennedy, P.A., a full service business law firm, announced today that Alana C. Hake has joined the firm as an associate in the Environmental and Natural Resources practice group. She will practice environmental and natural resources law, specializing in environmental remediation work for the mining industry.

Prior to joining Gallagher & Kennedy, Hake was an associate at a Phoenix law firm where she practiced environmental, energy, and regulatory law. She has significant experience analyzing and preparing legal memoranda on environmental, energy and regulatory issues. Hake has also successfully represented clients with regulatory compliance and licensing needs before several state regulatory agencies, including the Arizona Department of Environmental Quality, the Arizona Corporation Commission and the Arizona Department of Financial Institutions.

Hake earned her J.D., summa cum laude, in 2008 from Washington University in St. Louis and her B.S., summa cum laude, in 2005 from The Master’s College. She is a Blackstone Legal Fellow for Alliance Defending Freedom and a volunteer for The Florence Immigrant and Refugee Rights Project.

Lincoln Property - AZ Dept Of Admin

Lincoln Property Office Awarded 470,000 SF By State Of Arizona

Lincoln Property - AZ Dept Of Environmental Quality

Arizona Department of Environmental Quality

The Desert West Region office of Lincoln Property Company announced that it will provide property management services for two Capitol Mall state properties: The Arizona Department of Environmental Quality (ADEQ) and Arizona Department of Administration (ADOA).

The ADEQ headquarters is a 6-story, 292,684 SF building, 1110 W. Washington St., in Phoenix. The ADOA headquarters is a 4-story, 177,038 SF building, 100 N. 15th Ave., in Phoenix.

“The addition of these two office buildings brings Lincoln’s property management portfolio up to 5.5 million square feet in the Phoenix area – making LPC one of the largest property managers in Arizona,” said David Krumwiede, Executive Vice President, Lincoln Property Company West Region.

“Although this is a new assignment for LPC, we have a unique history with the properties. As former Opus employees, David and I were involved in the development of both facilities, and I oversaw the management team that is currently in place from its inception to late 2011,” said Tammy Sidles, Director of Management Services for Lincoln Property Company.

ADEQ is a LEED Silver certified building and ADOA was built to LEED specifications. Both buildings won the BOMA Office Building of the Year TOBY competition in 2007 on the local, regional and advanced to the International competition.

For more information on Lincoln Property Company in Phoenix, visit their website at www.lpcphx.com.

Environmental Legal Issues - AZ Business Magazine November/December 2011

Arizona Faces Environmental Legal Issues To Grow ‘Green’ Movement

Though Arizona may be working to reach a higher standard of sustainability, a myriad of environmental legal issues will be seen as these changes are implemented. Arizona Business Magazine spoke with the state’s top law firms and industry experts to find out the most important environmental legal issues the state can expect to face in the next decade.

Particulate Matter-10

Attorney Megan Lennox of Bryan Cave LLP says, “The single biggest environmental legal issue Arizona will be facing for the foreseeable future is the regulation, implementation and enforcement of regulations concerning Particulate Matter-10, also referred to as PM-10, which is essentially “dust.”’

According to an Aug. 25, 2011, press release by the Arizona Department of Environmental Quality stressing a high pollution advisory: “State and county agencies measure PM-10 and PM-2.5 which are extremely small solid particles and liquid droplets found circulating in the air. PM, or particulate matter, comes from either combustion (cars, industry, woodburning) or dust stirred up into the air. High levels of PM are typically created when the air is especially stagnant or especially windy. PM-10 stands for particulate matter measuring 10 microns or less. PM-2.5 stands for particulate matter measuring 2.5 microns or less. To put this in perspective, one strand of human hair is 70-100 microns in size.”

“Over the summer, we saw a number of High Pollution Advisory (HPA) warnings issued by the Arizona Department of Environmental Quality (ADEQ) relating to PM-10, particularly in connection with the haboobs (dust storms) we’ve been having in the Valley this summer,” Lennox says. “But what is not as commonly known is that, even without a haboob, Arizonans face real health threats caused by common everyday dust generating activities.

“Indeed, the EPA has not been satisfied with what the Arizona has done in the way of dust control thus far, and because Arizona continues to exceed federal air quality standards for PM-10, we are now facing a very real possibility that the EPA will push the Arizona regulators aside and step in with their own plan to reduce PM-10.

“The real issue of concern is that, if the EPA is required to step in, Arizona will stand to lose over a billion dollars in federal highway funds,” Lennox says. “This translates to further loss of jobs, no new transportation projects, and likely intense regulation and economic impact to the construction industry — all of which will be decidedly detrimental to Arizona’s economy overall.”

Lennox says that Arizonans must prepare and prevent this from happening by doing their part, which includes refraining from leaf blowers, no fires in the fireplace, driving down dusty roads and joining forces with regulators “toward the common goal of reduction of PM-10 and maintenance of federal funding – both of which, everyone should be able to agree, are critical for the long-term health and prosperity of the Valley.”

Michelle De Blasi, partner at Quarles & Brady agrees: “Serious nonattainment areas must demonstrate PM-10 emission reductions of five percent per year until the standard is attained.  The state and local governments have instituted many measures to make these reductions.  To reach attainment, three years of clean data are needed at all PM-10 monitors… The state and local governments have instituted many proactive control measures to try to limit excesses at the monitors caused by dust.”

Utility Deregulation

As the state continues to develop renewable energy, several legal issues can arise. Court Rich, an attorney at Rose Law Group states that: “As renewable energy prices come down its implementation will grow quicker.  At some point the technology involved in distributed roof top solar energy is going to allow people not only to produce energy during the day but to store energy for power at night.”

If people are able to produce the energy they need, should they pay a utility company for its electricity service? These are the types of questions Arizona may face as renewable energy production grows.

“The State has previously looked into forms of utility deregulation…(and) could review forms of deregulation that may set up a better environment for future competition among energy providers ultimately providing lower cost electricity to all Arizonans and providing greater choices to the consumer,” Rich adds.

Balancing environmental protections with economic impacts

“Implementing more protective environmental regulations must be balanced with their economic impacts,” says Matt Bingham, attorney at Lewis and Roca.

Sometimes, small improvements that can be made come at a significant cost and may not be worthwhile for the state to pursue.

“(Government) agencies have accomplished A LOT since environmental laws were first enacted,” says Bingham, “but at some point, the costs of making further improvement are going to outweigh the benefits.  Agencies need to adequately consider industry’s concerns when developing stricter environmental standards to ensure that the benefits outweigh the costs.  Failing to do so will prolong Arizona’s economic recovery.”

Growth of renewable energy

“In Arizona, regulated utilities are expected to get 15 percent of their electricity from renewable sources by 2025 (in 2011, the goal is 3 percent),” says Bingham, attorney at Lewis and Roca. “This will require a massive expansion of our renewable energy capabilities over the next 10-15 years.”

As Arizona tries to catch up on renewable energy growth compared with some of its sustainability-driven neighboring states, many environmental impacts will need to be addressed. These include land use, water use, and effects on wildlife, endangered species and several others.

“The growth of renewable energy in the state also involves policy choices by the legislature and the Arizona Corporation Commission,” says Bingham.

Some examples:
➢    Requiring utilities to procure renewable energy.
➢    Increasing demand for solar by providing incentives.
➢    Providing tax incentives for companies who locate manufacturing and other facilities in the state and create jobs.

Arizona has essentially decided that it wants to be a hub of the growing solar industry and has made some good moves in that direction but it needs to continue pursuing an effective, comprehensively designed strategy while assuring companies that this support will not fade,” Bingham adds.

Enforcement of regulatory policies:

Since 61 percent of land in Arizona is either managed or controlled by federal agencies, many policies involving land use have a disproportionate impact upon our state, says Jeff Littell, principal geologist at Brown & Caldwell.

“By far, the greatest environmental issues facing Arizona will arise from federal agencies and their imbalanced enforcement of existing regulatory policies or the increased promulgation of new rules and regulations,” Littell says.

The state should apply balanced and measured responses to difficult environmental issues while empowering state agencies and the Legislature to defend Arizona against misapplied federal actions, Littell adds. “The results of their interaction with county and state agencies will have a profound impact on the long term success of Arizona, the diversity of our economy, and our ability to emerge from the current economic situation.”

For more information about environmental legal issues and other environmental issues, visit www.valleyforward.org.

 

Arizona Business Magazine November/December 2011

 

Uncertainties of Climate Change

Valley Forward Hosts Panel On Uncertainties Of Climate Change

On March 24, Valley Forward hosted a luncheon for its members at the Sheraton Downtown Phoenix. But this wasn’t an ordinary luncheon. It featured a panel discussing a topic that relates to us all: the uncertainties of climate change.

The panel — moderated by Grady Gammage, Jr., of Gammage & Burnham — was made up of four panelists:

David Modeer, general manager of the Central Arizona Project
Henry Darwin, deputy director of the Arizona Department of Environmental Quality
Gary Yaquinto, president of the Arizona Investment Council,
and Warren Meyer, proprietor of The Climate Change Skeptic

Each panelist brought their own unique view to the discussion and opened the eyes of the attendees by revealing all aspects of climate change. The differing opinions of the panelists proved to be the perfect recipe for a lively debate. Warren Meyer, who runs the Web site climate-skeptic.com staunchly defended his opinion that though he doesn’t deny that the world is warming, he has a different take on it than most. He talked about a second theory that he later described on his Web site:
“This second theory is that the climate is dominated by strong positive feedbacks that multiply the warming from CO2 manyfold, and increase a modest one degree Celsius of warming from man’s CO2 to catastrophic levels of five or even 10 degrees,” Meyer writes.

Meanwhile, tthe other panelists added their input into the discussion. Gary Yaquinto talked about the potential economic effects of controlling greenhouse gases while Henry Darwin focused on the position of the Arizona Department of Environmental Quality.

The luncheon was a great success in shedding some light on this topic and giving the public some insight into the effects on Arizona.

www.valleyforward.org
www.climate-skeptic.com
www.cap-az.com
www.azdeq.gov/
www.arizonaic.org
www.gblaw.com/

Oil Refinery

Permit Extension Staves Off Misery For First U.S. Refinery In Three Decades

The Colorado River Valley

From the state’s northern edge to its southern boundaries, growth flows along the Colorado River

Permit extension staves off misery for first U.S. refinery in three decades

By Peter O’Dowd

Plans for an oil refinery outside of Yuma, the first this country has endorsed in 30 years, dodged disaster earlier this summer when the Arizona Department of Environmental Quality extended a draft renewal of its elusive air-quality permit.

colorado_riverTo understand the bureaucratic, political and legal hurdles developer Arizona Clean Fuels had to clear to get this far, consider the initial permit, which was issued last year and first sought in the late 1990s. Under Arizona law, ACF had 18 months from the date of issue to begin construction on its 1,450-acre site. Without honoring that stipulation, the permit would expire, leaving the developer at the bottom of another uphill struggle.

“Losing that air permit, it’s simply something our project did not want to see happen,” says Ian Caulkins, an ACF spokesman. “That’s an understatement. Getting that permit is the holy grail of building a refinery.”

Earlier this year, ACF notified the state it would be unable to move by the fall 2006 deadline, but ADEQ ultimately promised a permit renewal exactly the same as the one issued a year earlier.

The renewal lifted mounting pressure off the developer, who encountered significant delays securing a crude oil source and finding financial backing from investors less than eager to fund a project that might not provide a return for years. “We had anticipated at this stage in the game that we would be moving forward with (an oil) contract with Mexico, and that is just not the case today,” Caulkins says. Instead, ACF is confident their oil coffers will bubble over with a Canadian supply mined from sand reserves.

Ultimately, it makes no difference from where the oil originates. Every gallon will be shipped to Mexico’s Baja Peninsula where it will begin a 250-mile journey through a pipeline built specifically for the project. The pipeline provided the necessary link to an ocean port, but securing it didn’t come easily. “We have had significant discussion with the Mexican government,” Caulkins adds. “Normally, they would not allow non-Mexican crude oil to be pumped through the pipeline so this was a big decision.” ACF CEO Glenn McGinnis called the deal a “landmark” agreement, one that took four years of negotiations and permitting. Mexico’s reimbursement details are still undetermined, Caulkins says.

With one challenge conquered, the next remains securing the nearly $3 billion needed to get the refinery pumping. Both McGinnis and Caulkins say ACF has investors in place but neither would risk the terms of confidentially agreements protecting their identities. “We are dealing with several large groups, some domestic, some international,” McGinnis says. “It takes more than one to put together the financing for a project of this magnitude. It has been a struggle convincing investors.”

Almost all of the refinery’s daily output of motor fuel—approximately 150,000 barrels—would find its way to Phoenix gas pumps. Caulkins says most Valley residents won’t notice any change, citing a seamless benefit instead: more supply means fewer catastrophic price jumps in case of an inevitable glitch in the system.

And amid ongoing discussion of reducing the global carbon footprint, ACF officials say they embrace alternative fuel research. But now is not the time to abandon refineries, Caulkins explains. “We recognize there is a certain amount of reality, and the reality is that we have a long way to go before mainstreaming alternative fuels. In the meantime, we can’t give up on building new refineries. We need additional sources today. We told environmental groups they should embrace our project as the cleanest oil refinery in North America.”

San Luis
With Port Stressed, Help is on the Way

San Luis, Ariz.—Greater Yuma Port Authority officials are trying to build a commercial port of entry five miles east of the present one in San Luis. Once completed, today’s commercial port, which has no room to expand, would be closed and converted into a pedestrian, noncommercial crossing by 2009. “Once the commercial is pulled out, the present port will be reconstructed and it goes from a six-lane to a 12-lane crossing point and allows the government to rebuild downtown San Luis,” says Jim Chessum, a GYPA administrator. Business would be more likely to emerge in San Luis with the modified port, he adds. One local official said he “couldn’t even fathom” the benefit to the state’s economy spurred by the increased ease of entry.

www.gypa.org

Yuma
Tale of Two Cities: Old Yuma, New Yuma

Yuma, Ariz.—Yuma’s growth statistics read like a laundry list of blue-ribbon accolades: No. 1 in manufacturing employment growth, Inc. magazine’s No. 1 selection of America’s “hottest small cities,” one of Forbes’ “top 10 “steroid cities,” fourth in the nation for overall job growth. What was once a dusty stopover on the way to San Diego has 10 new industrial plants, a 1.1 million-square-foot Westcor mall on Interstate 8, another mall in the midst of renovation and plans for its first five star hotel. “Yuma is an untapped recreational resource,” says Chris Camacho, president and CEO of the Greater Yuma Economic Development Corp. “We’ve seen the trend shifting,” he adds. “Rather than driving RVs down, snowbirds are buying second homes.

Bullhead City
Growth Sparks Bullhead Housing Fete

Bullhead City, Ariz.—Bullhead City is in the midst of a boom as swift as the river it was built along. Dick Adams, president and CEO of the Bullhead Regional Economic Development Authority, says the growth has created unlikely issues. “We are for the most part 100 percent employed. We’re at a 4.6 percent unemployment rate but when you get that low, you are in an area of unemployable or into a group that doesn’t want to work.” Adams says the city has 13,600 lots in subdivisions waiting to be built upon while 3,300 of those lots are already permitted and ready for construction. The Laughlin Ranch master-planned community will support 44,000 homes on 10,000 acres. Adams says the first of four golf courses is already complete. “Our demographics are improving on a daily basis,” he adds. “People from Southern California are bringing in their big money.” Five million people visit Bullhead every year, Adams says. By the next census he expects a population in excess of 50,000.

www.bullheadeconomicdevelopment.com

AZ Business MagazineLake Havasu
City on the Lake Awash with Marine Employment

Lake Havasu City, Ariz.—Lake Havasu City has built a marine industrypowerhouse on the cusp of its watery namesake. A March 2006 study conducted on behalf of the Lake Havasu City Marine Association reveals the importance of boat manufacturing, sales and maintenance on the local economy. “This marinestudy reveals the largest concentration of marine manufactures of high-end boats in the United States,” says Gary Kellogg, president and CEO of the Lake Havasu City Partnership for Economic Development. In fact, research concludes the concentration of existing marine industry here far exceeds standards typically needed to form specialized economies, such as software in Silicon Valley or entertainment in Las Vegas. According to the study, the local marine industry has soundly outperformed the Lake Havasu City economy over the past five years, wages are almost 17 percent higher than the average and the economic output totaled $191 million.

www.lakehavasu.org

 

 


Arizona Business Magazine Aug/Sept 2006

AZ Business Magazine Aug-Sept 2006 | Previous: The Border Report