Ratify Board of Supervisors' Approval for the County Manager's Signature on two (2) Soil Sampling Access Agreements with Freeport-McMoRan Miami, Inc. (FMMI)

On April 1, 2025, FMMI sent letters to owners of property who are eligible to participate in FMMI's Pinal Valley Soil Program (PVSP).  The PVSP is an environmental program initiated by FMMI under the Arizona Department of Environmental Quality (ADEQ) Voluntary Remediation Program to test, and if necessary, remove and replace soil potentially impacted by historical smelter operations in the area near Claypool, Gila County, Arizona. The program is offered at no cost to owners of eligible properties.

The Clerk of the Board of Supervisors' office received a letter from FFMI explaining the voluntary program that was dated April 1, 2025, with an offer for Gila County to participate in the PVSP for 17 properties believed to be owned by the State of Arizona, c/o Board of Supervisors.  

Marian Heatherly, Clerk of the Board Consultant, verified ownership of each of the properties and found that ten properties were owned by the State of Arizona, c/o Board of Supervisors, and seven properties were owned by others. As time was of the essence to return the Soil Sampling Access Agreements to FMMI, County Manager James Menlove was asked to sign the Agreements for the following properties that are owned by the State of Arizona c/o Board of Supervisors: 205-07-004E, 206-02-013, 206-06-060, 206-06-134, 206-06-310C, 206-06-311F, 206-06-315A, 207-05-004B, 207-06-026A, and 207-07-020A.  The ten Agreements were returned to FMMI on May 7, 2025.

On May 7, 2025, seven unsigned Soil Sampling Access Agreements for the following properties were returned to FMMI with notations of the correct property owners: 206-03-009, 206-03-143, 206-10-001, 206-10-022, 207-01-007R, 207-05-002B, and 207-05-003B.

On August 1, 2025, FMMI sent an additional letter for soil sampling concerning parcel number 206-10-021, which is owned by the State of Arizona, c/o Board of Supervisors.

On September 29, 2025, the Clerk of the Board of Supervisors' office received a letter from FFMI offering Gila County participation in the PVSP for 12 properties believed to be owned by Gila County.  

Charlotte Asrarynezami, Clerk of the Board, verified ownership of each property and found that ten (10) properties were owned by Gila County and two were not. As time was of the essence to return the Soil Sampling Access Agreements to FMMI, County Manager James Menlove was asked to sign the Agreements for the following properties that are owned by Gila County: 206-03-194B, 206-10-079, 206-07-010B, 206-07-005C, 207-07-005A, 207-07-054, 207-07-053, 207-07-004, 207-07-001, and 207-01-007T.  The ten Agreements were returned to FMMI on October 2, 2025.

On September 30, 2025, two unsigned Soil Sampling Access Agreements for the following properties were returned to FMMI with notations of the correct property owners: 207-23-011K, and 206-10-076.

On December 8th and 10th, the Clerk of the Board received a letter dated December 3 and December 9th, 2025, from FMMI to Gila County, c/o Board of Supervisors (owners of Parcel No. 206-10-078 A and B), requesting participation in FMMI's PVSP. Maria Cook, Senior Deputy Clerk of the Board, verified that Gila County owns the parcels and requested James Menlove, Gila County Manager, to sign the Agreements so they could be returned without delay. 

It is advantageous for Gila County to participate in the PVSP to have certain properties identified by FMMI to be tested. If the soils of any of the properties are found to be contaminated, the soils will be removed and replaced. This would be a benefit to Gila County when selling the properties.

Since the offer to participate in the PVSP was time-sensitive, it was necessary for the County Manager to sign the Soil Sampling Access Agreements so they could be returned to FMMI. 

The Board of Supervisors needs to ratify its approval for the County Manager's signature on two (2) Soil Sampling Access Agreements, so that soil sampling may commence on the one property as listed in the Background Information section of this report.

It is recommended that the Board of Supervisors ratify its approval for the County Manager's signature on the two (2) Soil Sampling Access Agreements.

Ratification of the Board of Supervisors' approval for County Manager James Menlove's signature on two (2) Soil Sampling Access Agreements with Freeport-McMoRan Miami, Inc. for the property owned by Gila County, Parcel No. 206-10-078 A and B.