Category Archives: USACE

Mining moratorium: NWPR WOTUS and Army Corps on Okefenokee mine site –WWALS to EPD 2021-09-27

The Army Corps’ excuse to abdicate oversight over the strip mine site near the Okefenokee Swamp was overturned in a court case this August, so the Corps should take that back up.

Meanwhile, WWALS asked GA-EPD to impose a moratorium on all mining permit applications until the ramifications of that court case are sorted out, which could take months or years.

You can ask GA-EPD for that moratorium, or to deny the permits, or at the very least to examine them very thoroughly and produce the equivalent of the Environmental Impact Statement that the Corps should be working on.
https://wwals.net/?p=55092

[Moratorium, please, GA-EPD, since District Court vacated Army Corps' excuse]
Moratorium, please, GA-EPD, since District Court vacated Army Corps’ excuse

The Letter: WWALS to GA-EPD

Continue reading →

Restore pre-2015 Waters of the U.S. –Waterkeeper Alliance to U.S. EPA 2021-09-03

Suwannee Riverkeeper signed on to this Waterkeeper Alliance request for EPA to protect both surface and groundwater.

It includes a mention of the U.S. Army Corps of Engineers (USACE) abdication of oversight over the proposed titanium strip mine far too near the Okefenokee Swamp.

[Restore WOTUS, mine too near Okefenokee Swamp, groundwater recharge]
Restore WOTUS, mine too near Okefenokee Swamp, groundwater recharge

That USACE decision was based on the EPA and USACE 2020 Navigable Waters Protection Rule (“NWPR”) redefining jurisdictional “Waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). On August 30, a U.S. District Court vacated the NWPR. On September 3, Waterkeeper Alliance these lengthy comments on EPA’s WOTUS rulemaking.

Also on September 3, EPA announced that EPA and USACE have halted implementation of NWPR and will be applying the pre-2015 WOTUS definition, which was one of Waterkeeper letter’s requests.

Meanwhile, you can ask the Georgia Environmental Protection Division (GA-EPD) to reject the five permit applications from Twin Pines Minerals for that strip mine, or at least to thoroughly study with independent review potential effects of that mine on the Okefenokee Swamp, the Suwannee River, and the Floridan Aquifer.
https://wwals.net/?p=55092

[Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07]
Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

Update 2021-09-11: This is what the Waterkeeper Alliance letter says about the Okefenokee Swamp and the threatening strip mine:

Additionally, Alabama-based mining company Twin Pines has proposed a heavy mineral sand strip mine between the St. Mary’s River and Okefenokee Swamp, one of the largest and most celebrated wetlands in the country, and home to both a National Wildlife Refuge and a National Wilderness Area.140 The proposed mine would be 50-feet deep on average and would destroy hundreds of acres of wetlands and streams that are critical to the St. Marys River and Okefenokee’s diverse ecosystems, threatening the hydrology of the swamp. Recently, the Corps determined that nearly 400 acres of previously jurisdictional wetlands near the Refuge are now unprotected by the Clean Water Act, allowing the mining company to begin mining without any involvement by the agency.141 For reasons that are unclear, the Corps did not discuss the streams at the site, which appear to be, but not are not being treated as, jurisdictional waters under the CWA.142 This decision has important implications for the initial part of the mine as well as the longer-term expansion of the mine to more than 8,000 acres near the Refuge.

140 St. Marys Riverkeeper and Suwannee Riverkeeper work to protect waters that are impacted by this decision.

141 Corps Approved Jurisdictional Determination, ORM Number: SAS-2018-00554 (Oct. 14, 2020) (Attachment 11).

142 National Wetlands Inventory Map of the Twin Pines Mine Site Area, available at: https://www fws.gov/wetlands/data/Mapper html (Attachment 12).

[Multiple Streams and Wetlands, including Wetlands Intersecting Streams]
Multiple Streams and Wetlands, including Wetlands Intersecting Streams
PDF

The entire Waterkeeper comment letter is on the WWALS website, along with its exhibits: Continue reading →

Roads next to Mud Swamp, which drains to Alapahoochee, Alapaha Rivers @ LCC 2021-08-24

The Lowndes County Commission started the process of taking over two flooded private roads, they adopted a fire department millage rate for all real and personal property in the unincorporated parts of the county, and they discussed how that millage was to aid population growth in the unincorporated areas, apparently including building closer to and perhaps in wetlands that the U.S. Army Corps of Engineers had recently decided were not Waters of the U.S. (WOTUS). All these actions at their August 24, 2021, Regular Session, at least taken together, would seem to support sprawl.

[Mud Swamp Road and Swamp Edge Drive adopted by Lowndes County, GA]
Mud Swamp Road and Swamp Edge Drive adopted by Lowndes County, GA, in the lower left corner of this map, between two arms of Mud Swamp Creek, in the WWALS map of all public landings in the Suwannee River Basin.

Better would be to build only close in to existing services, instead of sprawling farther out, where no taxes will ever pay enough for sending school buses, Sheriff, and Fire. See this report the County commissioned: The Local Government Fiscal Impacts of Land Use in Lowndes County: Revenue and Expenditure Streams by Land Use Category, Jeffrey H. Dorfman, Ph.D., Dorfman Consulting, December 2007. As Dr. Dorfman summarized in a different presentation,

Local governments must ensure balanced growth, as
sprawling residential growth is a certain ticket to fiscal ruin*
* Or at least big tax increases.

Continue reading →

Clean water amendment worth backing –Citrus County Chronicle 2021-08-24

Yes, Floridians, please sign the petition at FL5.org to get the Right to Clean Water constitutional amendment on the ballot, for our rivers, springs, and drinking water from the Floridian Aquifer.

This editorial is quite surprising from the Citrus County Chronicle, which has been all for the Duke Energy fracked methane power plant in Crystal River and has not opposed Strom Inc.’s Liquid Natural Gas (LNG) proposed facility there. Maybe education and persuasion have some effects.

[Clean water amendment worth backing]
Clean water amendment worth backing

Page A9 – TUESDAY, AUGUST 24, 2021

OPINION

CITRUS COUNTY CHRONICLE

EDITORIAL BOARD

The opinions expressed in Chronicle editorials
are the opinions of the newspaper’s editorial board.

CLEAN WATER A MUST

Clean water amendment worth backing

Clean water is imperative to our ecosystem both in Florida and throughout the world.

Continue reading →

Alapaha, Withlacoochee Rivers, Lowndes County Commission 2021-08-10

For voting Tuesday evening, three water-related items have more implications than might appear from the agenda of the Lowndes County Commission.

[Lake Alapaha water treatment, Bay Branch tributaries in Building Valdosta Subdivision, Army Corps on Val Del Villas]
Lake Alapaha water treatment, Bay Branch tributaries in Building Valdosta Subdivision, Army Corps on Val Del Villas

7.a. REZ-2021-09 Building Valdosta Subdivision (0070 018), R-A to R-21, Community Well & Septic, ~64.84 acres.

This subdivision has two creeks crossing it, leading to Bay Branch and the Withlacoochee River, plus at least one retention pond.

7.c. REZ-2021-13 Val Del Villas, Val Del Rd. P-D Amendment, County Water and Sewer, ~28.436 acres

For this existing subdivision, Northside Property Development wants to add more houses. It got the U.S. Army Corps of Engineers to determine that the remaining part of Val Del Villas off Val Del Road is not jurisdictional wetlands. That’s uphill from Sermons Branch and the Withlacoochee River. Northside Property Development has the same registered agent as Uvalde Land Company that bought the Cherry Creek Mitigation Bank next to the other side of the Withlacoochee River, and wants to deannex the upland half of it from Valdosta. The uplands in that Bank tract are not jurisdictional wetlands, either.

8.b. Alapaha Plantation Water Treatment Pilot Study

This is the kind of extra expense Valdosta avoided by sinking its water wells at Guest Road twice as deep after Withlacoochee River water was discovered reaching them from Shadrick Sink, on the other side of the Withlacoochee River, and the other side of what is now the Cherry Creek Mitigation Bank, recently sold to Uvalde Land Company, which wants to deannex half of it from Valdosta.

For much more background, including the so-far $225,415 running total for Lowndes County subsidizing water for the private Lake Alapaha subdivision next to the Alapaha River, see The never-ending Lake Alapaha Water Treatment Plant saga @ LCC 2021-08-10.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

Why Withlacoochee River floodplain deannexation from Valdosta? @ GLPC 2021-07-26 2021-07-26

Update 2021-08-02: Withlacoochee River floodplain deannexation at Valdosta City Council 2021-08-05.

Valdosta should not deannex 310 acres of Withlacoochee River floodplain around Cherry Creek. No good reason for deannexation has been given by the applicant, and there are substantial reasons to be concerned about potential uses of that land if deannexed. Instead, Valdosta and Lowndes County should purchase the entire 530.24 acre property down to the Withlacoochee River to add to a trails system up and down the Withlacoochee River. The advisory Greater Lowndes Planning Commission (GLPC) at its meeting this Monday should recommend against annexation, and then the Valdosta Mayor and Council should deny.

I am sending a letter to that effect today to Valdosta City Planner Matt Martin, and I recommend you do, as well: mlmartin@valdostacity.com

[Public land and Uvalde Land Trust Deannexation request, Withlacoochee River]
Public land and Uvalde Land Trust Deannexation request, Withlacoochee River

That deannexation is on the GLPC agenda for this Monday, July 26, 2021. The only land access to the property is through the City of Valdosta, and since that whole area of the river has extensive flood plain and little road access, Lowndes County cannot provide public utilities, fire/police protection, or emergency medical response across the river to the subject property, as the City Planner points out in the agenda sheet. The landowner’s stated purpose would be better served by the property remaining inside the city limits: “to use for wildlife management, and rec. use as it is in a mitgation bank & has no development use.” The City Planner even recommends annexing the rest of the subject property into the city, down to the river. Continue reading →

Sen. Ossoff tries new Valdosta public transit; answers questions about Okefenokee Swamp –Valdosta Daily Times 2021-05-09

Georgia U.S. Senator Jon Ossoff’s positive answer to Suwannee Riverkeeper’s question about the Okefenokee Swamp was covered by the local newspaper of record.

[VDT, Ossoff, Warnock]
VDT, Ossoff, Warnock

You can use the Waterkeeper Alliance Action Alert to send a message to the Georgia Environmental Protection Division (GA-EPD) asking it to reject the permit applications for that site; such messages will be forwarded to Georgia elected officials, including U.S. Senators Ossoff and Warnock.
https://wwals.net/?p=55092

Bryce Ethridge, Valdosta Daily Times, 6 May 2021, Ossoff: Millions for S.Ga. schools,

During Ossoff’s visit, Suwannee Riverkeeper John Quarterman asked about the proposed heavy mineral sands mine near the Okefenokee National Wildlife Refuge.

This refuge is the largest east of the Mississippi and carries a hefty amount of wildlife biodiversity. The mine could potentially impact the refuge’s native species, basin hydrology and overall integrity.

Continue reading →

Senator Jon Ossoff: Okefenokee is a sacred natural resource 2021-05-06

Update 2021-05-09: Coverage in the local newspaper of record, Sen. Ossoff tries new Valdosta public transit; answers questions about Okefenokee Swamp –Valdosta Daily Times 2021-05-09.

“The Okefenokee is a sacred natural resource. It is a wildlife refuge that must be protected,” said U.S. Senator Jon Ossoff, responding to a question by Suwannee Riverkeeper John S. Quarterman, today, in Valdosta, Georgia.

You can use the Waterkeeper Alliance Action Alert, to send a message to the Georgia Environmental Protection Division (GA-EPD) asking it to reject the permit applications for that site; such messages will be forwarded to Georgia elected officials, including U.S. Senators Ossoff and Warnock.
https://wwals.net/?p=55092

[Valdosta on demand, City Hall, Senator Jon Ossoff on Okefenokee, Valdosta Mayor, Council, Staff, Sen. Ossoff]
Valdosta on demand, City Hall, Senator Jon Ossoff on Okefenokee, Valdosta Mayor, Council, Staff, Sen. Ossoff

Here is the WWALS video: Continue reading →

Four U.S. Senators ask U.S. FWS to assist GA-EPD against mine too near the Okefenokee Swamp 2021-04-28

“Georgia’s senators want the federal government to get involved in the state’s review of a mine proposed at the doorstep of the East Coast’s largest wildlife refuge.”, James Marshall, E&E News, 30 April 2021, Senators worry about mine project near Okefenokee.

And you can still use the Waterkeeper Alliance action alert to Help Suwannee Riverkeeper Save Okefenokee Swamp by sending a message to the Georgia Environmental Protection Division asking them to reject Twin Pines Minerals’ five permit applications, or at least to go through a full process to review them:
https://wwals.net/?p=55092

[Letter, Mine site, Senators, Signatures]
Letter, Mine site, Senators, Signatures

Jon Ossoff and Raphael Warnock also got Senators Sheldon Whitehouse from Rhode Island and Tom Carper from Delaware to co-sign their letter of Wednesday to the U.S. Fish and Wildlife Service. It’s good they’re doing what many of us asked all the candidates to do in the Georgia Senate race last year.

Mary Landers, Savannahnow, 29 April 2021, U.S. Senators Raphael Warnock and Jon Ossoff urge scrutiny of Okefenokee mining proposal.

The economy was on Warnock’s mind last week when he released a statement about the mining near the Okefenokee.

“I am a fierce champion for strengthening rural economies, and finding ways to ensure rural Georgians don’t just survive, but thrive,” he wrote. “At the same time, the Okefenokee is integral to the local ecology and economy, and we owe it to our planet and the communities that depend on the swamp to ensure its health and integrity for future generations. As a voice for Georgians in the Senate, I look forward to working with U.S. Fish and Wildlife Service and engaging their expertise in these on-going conversations to make sure we protect this cherished Georgia landmark as we work to bring more good-paying jobs to our rural communities.”

Well, that’s good to hear. I look forward to the local Chambers and all the organizations concerned about the Swamp finding some businesses for Charlton County and other rural south Georgia and north Florida counties.

The Letter (PDF)

Continue reading →

Help Suwannee Riverkeeper Save Okefenokee Swamp

To send your comments to Georgia officials, follow this link:
https://waterkeeper.org/news/help-suwannee-riverkeeper-save-okefenokee-swamp/

[Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07]
Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

Julia Widmann, Waterkeeper Alliance, March 18, 2021, Help Suwannee Riverkeeper Save Okefenokee Swamp,

Today, you can take action to help Suwannee Riverkeeper protect Okefenokee Swamp and the surrounding community in Southern Georgia and northern Florida from the risk of dangerous mining pollution.

Okefenokee National Wildlife Refuge is home to the beloved blackwater Okefenokee Swamp, a Wetland of International Importance and a proposed World Heritage Site. Okefenokee Swamp is an ecologically diverse wetland, loved by boaters, fishers, and birders, as well as alligators and blue herons, and hunters on nearby property. It’s an important tourist attraction for members of the public all across the country and provides great economic benefits to the local area. Suwannee Riverkeeper John S. Quarterman has helped lead the way in protecting this special place.

In 2019, Twin Pines Minerals LLC, an Alabama-based company, first proposed a titanium mine beside the swamp. Twin Pines’ proposed mine poses dangerous risks Continue reading →