Category Archives: Law

More materials: Hamilton County Planning Commission on Nutrien phosphate mine permit renewal 2023-03-28

Update 2023-04-17: No phosphate mine waste into recreational lakes, and more transparency –WWALS to Hamilton County BOCC 2023-04-17.

See also, from five years ago: Pictures: PCS Phosphate mine permit Public Hearings, Jasper, FL 2018-01-23.

Here are 78 more documents related to the Public Hearing at 6 PM this Tuesday, April 18, 2023, at the Hamilton County Commission in Jasper, Florida, about Nutrien’s phosphate mining permit renewal.

[Mining location, reclamation, flow, and areas]
Mining location, reclamation, flow, and areas

These documents, from a USB stick I picked up from Hamilton County today, are in addition to the documents I posted yesterday.

Ordinarily I would read everything first and post some analysis, but in the interests of time, here are the documents. Continue reading →

Better Click ‘n’ Fix ticket handling and ordinance citations –Valdosta Acting City Manager Richard Hardy 2023-04-11

Acting Valdosta City Manager Richard Hardy called me yesterday. This is unusual, although he does usually answer his phone if I call him.

[Valdosta Acting City Manager Richard Hardy and City Engineer Ben O'Dowd 2023-03-25]
Valdosta Acting City Manager Richard Hardy and City Engineer Ben O’Dowd 2023-03-25

Even more unusual was his news: the city may be moving ahead on keeping trash out of creeks.

First some background.

Recent adventures in Click ‘n’ Fix include this one, Continue reading →

Alachua County Flood Insurance Rate Maps Update Meetings 2023-04-12

The first of four Public Meetings about updates to Alachua County Flood Insurance Maps is tomorrow, April 12, 2023.

Thanks to WWALS Development Director Veronica Oakler for spotting this news item.

[Alachua County Flood Map 2023-04-11]
Alachua County Flood Map 2023-04-11

Alachua County, Headlines, April 6, 2023, Flood Insurance Rate Maps Update Public Meetings

Periodically, the Department of Homeland Security provides funding to FEMA to reissue the Flood Insurance Rate Maps (FIRM) and execute new detailed studies in selected areas. The FIRM is used by insurance brokers and housing lenders to determine the risk of flooding and to set the premium for flood insurance. New FIRM maps are being developed for Alachua County and surrounding communities. The Santa Fe Watershed Flood Risk Project covering most of the North and Northwestern portion of the County is available for public review. FEMA has started a public comment and appeals period that ends on April 30, 2023.

Four information meetings are being held on April 12, April 13, April 17, and April 18, 2023, at Alachua County Public Works Ready Room (5620 N.W. 120th Lane, Gainesville) from 11 a.m. to 2 p.m. Those wishing to appeal or comment about the FIRM maps can obtain information on how to do so at this meeting.

Those who would like to look up their property and view the current FIRM maps and the proposed changes should visit the Continue reading →

Hamilton County Planning Commission wants conditions on Nutrien phosphate mine permit renewal 2023-03-28

Update 2023-04-13: More materials: Hamilton County Planning Commission on Nutrien phosphate mine permit renewal 2023-03-28.

Update 2023-04-12: The County Commission meeting will be April 18th.

The Nutrien Phosphate Mine in Hamilton County, Florida, is up for renewal by the Hamilton Board of County Commissioners on Tuesday, April 28 18, 2023, at 6 PM. There will be a Public Hearing. Since time to speak will be limited, best to send written comments in advance.

The renewal request has already been reviewed by the Planning and Zoning Board (PNZ), on March 28, 2023. PNZ recommends renewal with some conditions.

Private landowners, a number of whose property is inside the mine boundary, object that some of Nutrien’s plans for disposal of waste such as clay will adversely affect those landowners’ businesses as well as wildlife and waters.

Dennis J. Price, P.G., of Hamilton County filed a page of questions.

Bienville Outdoors filed a a request to find other options for settling areas.

Maybe you would like to comment on effects of this mine on the Suwannee River, Swift Creek, the Floridan Aquifer, or public health.

[Private landowners, Clay flows, aerial: Nutrien Phosphate Mine, Hamilton County, FL]
Private landowners, Clay flows, aerial: Nutrien Phosphate Mine, Hamilton County, FL

On the WWALS website are Continue reading →

Valdosta liability insurance does not cover water 2021-05-01

Apparently Valdosta city employees can’t get wet. That includes the Stormwater Division.

[Policy, River]
Policy, River

So if you see any Valdosta City employee in a creek, river, pond, or swamp, whether in a boat or in mud boots, it seems they must be off the clock.

This could explain why Valdosta has a contractor clean out stormwater pond facility clusters.

In Valdosta’s GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY COMBINED AUTOMOBILE, CRIME, LIABILITY AND PROPERTY COVERAGES MEMBER COVERAGE AGREEMENT, see especially under GENERAL EXCLUSIONS APPLICABLE TO THE PROPERTY COVERAGE SECTIONS on page 7: Continue reading →

Reissued Valdosta Stormwater Permit –GA-EPD 2022-12-06

Update 2023-05-19: Valdosta annual stormwater reports to GA-EPD 2023-02-14.

In December GA-EPD reissued Valdosta’s stormwater permit, which happens every five years.

[About, NOI, maps: Valdosta reissued Stormwater permit 2022-12-06]
About, NOI, maps: Valdosta reissued Stormwater permit 2022-12-06

However, if I understand the response by Valdosta City Engineer Ben O’Dowd in the documents received in response to an open records request, all there is right now is a generic boilerplate permit for cities of this size. That generic permit requires Valdosta to spell out best practices it will use, and to update its Stormwater Master Plan (SWMP), all by June 4, 2023.

Since the City Engineer has been quite receptive to public input lately, I hope this means Valdosta will be accepting input into rewriting the SWMP. About trash, for example. Continue reading →

Waterkeepers Florida in Gainesville 2023-02-03

Once a year, the Waterkeepers of Florida gather in Gainesville to attend the Public Interest Environmental Conference (PIEC) at the University of Florida Levin College of Law.

[Waterkeepers Florida at PIEC 2023-02-03]
Waterkeepers Florida at PIEC 2023-02-03

Eight out of fifteen ain’t bad. A few more attended the actual Waterkeepers Florida (WKFL) meeting via teleconference.

Waterkeepers Florida asks you to ask Georgia officials to stop a proposed strip mine too near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Marys Rivers, and sits above the Floridan Aquifer from which we all drink in south Georgia and most of Florida:
https://wwals.net/?p=61437

For more about Waterkeepers Florida, see:
https://www.waterkeepersflorida.org/

I drove Continue reading →

Florida Right to Hunt and Fish breezing through legislature towards 2024 ballot 2023-03-27

Georgia has it, among 23 states, including all states in the southeast, except for Florida.

Looks like it’s coming to Florida: a state constitutional amendment for a Right to Hunt and Fish. Identical bills are speeding through the state House and Senate towards getting this amendment on the 2024 ballot.

[Ballotpedia, 23 states have Right to Hunt and Fish as of November 2020]
Ballotpedia, 23 states have Right to Hunt and Fish as of November 2020

And what good is a Right to Hunt and Fish without clean water for the fish and wildlife? Floridians, please sign the petition for Right to Clean Water, also intended for the 2024 ballot.

Jim Saunders, News Service of Florida, Tampa Bay Times, March 27, 2023, updated March 29, Hunting, fishing could be enshrined in Florida Constitution under proposal: If approved, the proposal could be on the November 2024 ballot. Continue reading →

Valdosta Creek Trash Tour 2023-03-29

Yesterday I found trash still in Valdosta creeks where previously reported, on Hightower Creek, One Mile Branch, and Two Mile Branch.

Sure, the Two Mile Branch cleanup last Saturday was fun and necessary. But Valdosta, A City Without Limits on its own facebook report said nothing about more trash traps, and nothing about enforcing its own city ordinances that require businesses to keep their property clean, to keep trash out of waterways, and to strategically place trash cans where people will use them.

Valdosta has been promising at least since 2007, sixteen years ago, to do something about this ongoing trash spill problem. The city has taken a few steps, especially since City Engineer Ben O’Dowd was hired.

Time to walk the talk, Valdosta. There is more to do.

[Trash, Two Mile Branch, One Mile Branch, Hightower Creek, 2023-03-29]
Trash, Two Mile Branch, One Mile Branch, Hightower Creek, 2023-03-29

Where Valdosta Mayor Scott James Matheson stood in December 2022, at the bottom of the parking lot on St. Augustine Road above Hightower Creek, trash is still there, tossed by lunchers, with no trash cans nearby.

Behind the Mega Mart at Valloton Drive and Lee Street, trash continues to wash down into One Mile Branch, clearly visible from the Azalea City Trail, Valdosta’s only urban hiking trail. Despite a Click ‘n’ Fix report on March 8, 2023, the only action we’ve seen from City Marshalls was a week later, “The city is working with the property owner to correct the issues.”

And trash continues to dribble into Two Mile Branch above Ashley Street, most of a week after the last pictures I took there, with the Click ‘n’ Fix ticket closed again by City Marshalls,

Meanwhile, the Lee Street Detention Pond Trash Trap has been modified by high water, when it caught leaves and the force of the water bent the steel. The city has taken the top off the trash trap. Here’s hoping they will continue to improve this model for more use here and elsewhere. Continue reading →

Trash still dribbling from 2695 N Ashley St into Two Mile Branch 2023-02-24

Update 2023-03-29: Valdosta Creek Trash Tour 2023-03-29.

Why did Valdosta City Marshalls close this Click’n’Fix ticket when nothing has been cleaned up?

[Trash, Two Mile Branch upstream from Ashley Street 2023-03-24]
Trash, Two Mile Branch upstream from Ashley Street 2023-03-24

It took nine days for City Marshals to make any response, then they said they would notify the property owner and closed the ticket.

I went there the next day and photographed the same trash in the same locations, plus I took more pictures of more trash upstream.

Today, March 29, 2023, when I asked why the ticket was closed and posted more pictures, the City Marshalls said “The ticket was closed because a citation was written and there is now an open case with the City Marshal’s. We have to legally give the property owner a certain amount of time to address the issue.”

That is new information, and a welcome change from just notifying the property owner.

But why did the City Marshalls again close the ticket? The problem has not been fixed.

In the next big rain, trash will wash down Two Mile Branch into Sugar Creek. If it is not caught by the WaterGoat there, it will wash into the Withlacoochee River. All along the way it is a health hazard to humans, and wildlife eat the trash, especially styrofoam, and cannot digest it. Continue reading →