Update 2020-03-09: Nestlé pulled from the agenda.
Update 2020-03-09: Citizens about Nestle at SRWMD 2019-12-10.
9 AM, Tuesday, March 10, 2020, at SRWMD HQ in Live Oak, Florida is the Nestlé decision day.
- Consideration of Agenda Item No. 20 – BCS Page 61 – Authorization to Deny Water Use Permit Renewal Application 2-041-218202-3, Seven Springs Water Company Project, Gilchrist County
(Public comment on this item will be allowed at this time)
That agenda item says Seven Springs, but it’s for Nestlé Waters North America (NWNA).
Tired of cleaning up plastic bottles from our springs and rivers?
Want to remind SRWMD they have statutory authority to revoke this permit?
Come on down to 9225 CR 49. Live Oak, FL 32060. That’s east going out of town on US 90, turn right at the Suwannee River Water Management District (SRWMD) sign.
You don’t even have to wait for Tuesday. You can go ahead and file your own comment against.
Feel free to recommend they revisit the Nestlé permit for Madison Blue Spring, as well, especially now that we know there are waves of fecal bacteria contamination coming down the Withlacoochee and Suwannee Rivers.
SRWMD staff recommend denial of this Ginnie Springs renewal water withdrawal permit. But staff recommended denial that back in 1995, when this permit was originally decided, and the SRWMD board approved it anyway.
In a memo obtained by the St. Petersburg Times dated Nov. 15, 2002, “the water management district staff recommended reducing the amount of water Nestlé could draw under the permit it would obtain from 1.47-million gallons a day to 400,000 a day.” The spring’s flow had been reduced from 55-million gallons day to just 34 million gallons a day. The St. Petersburg Times reported: “ The current drought has reduced the flow of Madison Blue Springs to record lows,’ Jon Dinges, director of resource management, wrote to the water management district’s governing board. “The drought has become severe since the permit was issued, thus requiring a reduction of the (average daily withdrawal) to ensure resource protection.”
But in January 2003 when it came before the regulators — all appointed by Jeb Bush — they refused to follow water staff recommendations after Nestlé threatened to reduce the size of the plant it would build in Madison if their water allotment was reduced from the Bruic allotment.
Enterprise Florida, the governor’s politically appointed business development agency supported Nestlé’s argument at the meeting….
So come make your voice heard, or send a comment in advance.
Details start on page 73 of the SRWMD Board packet:
TO: Governing Board
FROM: Warren Zwanka, P.G., Director, Division of Resource Management
THRU: Steve Minnis, Deputy Executive Director, Business and Community Services
DATE: March 2, 2020
RE: Authorization to Deny Water Use Permit Renewal Application 2-041-218202-3 Seven Springs Water Company Project, Gilchrist County
Staff recommends the Governing Board deny Water Use Permit renewal application number 2-041 -218202-3 for failure to provide reasonable assurance that the requested water use will meet the conditions for issuance set forth in rule 40B- 2.301, Florida Administrative Code and the Water Use Permit Applicant’s Handbook.
The Seven Springs Water Use Permit was originally issued on September 11,1995 and modified on June 25, 1999. A timely application to renew this permit was received by the District on March 18, 2019. Responses to requests for additional information (RAI) with amended applications to renew this permit were received by the District on June 27, 2019 and November 1, 2019. On January 14, 2020, the applicant provided the third and final RAI response and, in the response, directed the District to deem the application complete pursuant to section 120.60(1), Florida Statutes (F.S.). Section 120.60(1), F.S. provides that, upon the applicant’s request, the District shall deem the application complete and process the application based on the materials submitted at that time.
Section 40B-2.361(2), Florida Administrative Code (F.A.C.) provides that all permit renewal applications shall be processed as new permits, and shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in rule 40B-2.301, F.A.C., and the Water Use Permit Applicant’s Handbook (Handbook). Section 184.108.40.206 of the Handbook contains factors that must be considered for beverage processing water uses. The definition of “beverage processing use” set out in section 1.1 of the Handbook specially includes the sealing of drinkable liquids (including bottled water, as defined in section 500.03(1)(d), F.S.) in bottles, packages, or other containers and offered for sale for human consumption.
The application as submitted does not provide reasonable assurances that the proposed beverage processing use is reasonable-beneficial and consistent with the public interest as described in the attached staff report.
WATER USE TECHNICAL STAFF REPORT
February 27, 2020
Permit 2-04 1-218202-3
Land Owner: Spring Land Trust, LLC
Attn: Barbara Wray
7300 Northeast Ginnie Springs Road
High Springs, FL 32643-9102
Nestlé Waters North America, Inc.
Attn: George T. Ring
900 Long Ridge Road, Building 2
Stamford, CT 06902-1140
Applicant: Seven Springs Water Company
Attn: Risa Klemans
101 Northeast Ginnie Springs Road
High Springs, FL 32643
Compliance Contact: Seven Springs Water Company
Attn: Risa Klemans
101 Northeast Ginnie Springs Road
High Springs, FL 32643
Project Name: Seven Springs Water Company County: Gilchrist Located in WSPA: Yes (Eastern WSPA) Reviewers: Stefani Weeks, Warren Zwanka
WATER USE SUMMARY:
Allocation Summary Average Daily Rate*
(Million Gallons Per Day)
(Million Gallons Per Year)
New Water to Average Daily Rate
(Million Gallons Per Day)
1.1520 N/A N/A
* The District authorizes water use on an average annual basis (Section 220.127.116.11, Handbook)
Recommendation: Denial of requested beverage processing water use
This project is located on approximately 604 controlled acres in Sections 2 and 3, Township 8 South, Range 16 East, and Section 34, Township 7 South, Range 16 East of Gilchrist county; approximately six miles west of High Springs. Groundwater from two 10-inch diameter production wells (P-1 and P-2) is withdrawn on property owned by Spring Land Trust, LLC and used for beverage processing and other associated uses at an adjacent 320,000 ft? facility owned by Nestlé Waters North America, Inc. (NWNA). A third production well (P-3) is proposed and would replace well P-1 once placed into service. As required by the existing permit, the permittee submits daily water use reports on a monthly basis.
Pursuant to rule 40B-2.361(2), Florida Administrative Code (F.A.C.), permit renewal applications shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in Rule 40B-2.301, F.A.C., and the Water Use Permit Applicant’s Handbook (Handbook). Sections 18.104.22.168(a) through (k) of the Handbook set forth the factors that will be considered in determining whether a proposed beverage processing use is reasonable- beneficial and consistent with the public interest.
Section 22.214.171.124(i) requires the District to consider the contractual obligation to provide water for beverage processing. The applicant declined to provide a copy of its contract with NWNA and, instead, provided a memorandum of this contract. This memorandum does not show that applicant is obligated to provide any or all of the requested allocation to NWNA. Therefore, the required reasonable assurance has not been provided.
Section 126.96.36.199(j) requires the District to consider evidence of the physical and financial ability to process the requested amount of water. The applicant has requested an allocation of 1.1520 mgd. As part of the application, the applicant reported the actual use of water at the facility for the years 1995 through 2019. The highest reported actual use of water at the facility was for 2006, which showed an average annual water use of 0.3874 mgd (page 63 of the January 14, 2020 RAI response). As the highest reported actual use of water in the facility was significantly less than the requested allocation, the previous use does not provide evidence of the physical ability to process the requested allocation. The applicant has asserted that the facility is being renovated to have the physical ability to process the requested allocation. But the applicant has failed to provide sufficient evidence showing that such renovations will create the necessary physical ability. Therefore, the required reasonable assurance has not been provided.
Section 188.8.131.52(c) through (f) and (h) require the District to consider certain matters concerning the beverage processing facility or facilities where the use will occur. The applicant has only provided information for the High Springs facility, but has provided no reasonable assurance that the High Springs facility is the only beverage processing facility where the use of the requested allocation will occur. Therefore, the required reasonable assurance has not been provided.
WITHDRAWAL POINT INFORMATION:
Wells Detail District ID Station Name Casing Diameter (Inches) Capacity (GPM) Source Name Status Use Type Secondary Use Type 135840 P-1 10 600 FAS – Upper Floridan Aquifer Active Commercial Beverage Processing 135841 P-1 10 600 FAS – Upper Floridan Aquifer Active Commercial Beverage Processing 135124 P-1 10 600 FAS – Upper Floridan Aquifer Active Commercial Beverage Processing
Seven Springs Water Company Project
Note: This map was created by the Suwannee River Water Management District (SRWMD) to be used for planning purposes only. SRWND shall not be held liable for any injury or damage caused by the use of data distributed ¢ ic records request regardless of their use or ID does not guarantee….
So come on down to District HQ Tuesday morning, or send in your comment now!
-jsq, John S. Quarterman, Suwannee RIVERKEEPER®
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