Tag Archives: FL-DEP

FDEP silently issued Sabal Trail permit and easement 2016-021-22

Despite being on FDEP’s permit announcement list, I never got anything about a Sabal Trail permit. Sabal-trail-23.3 35146.1-0001 After much digging, the other day I found that FDEP went ahead and issued the Sabal Trail permit 22 January 2016 (PDF), conveniently before FERC issued certificates 2 February 2016.

That FDEP permit was also before the appeal deadline of 15 February 2016 in WWALS v Sabal Trail & FDEP. They did not copy the petitioner in that case, namely WWALS. They did copy Audubon Florida, which, as you may recall back in October sent FERC a letter supporting Sabal Trail (and then tried to walk back part of it). A letter that EPA chose to mention by name to the Army Corps of Engineers, while not naming Sierra Club or WWALS in opposition. Apparently if you go along with FDEP you get preferential notification.

And that, that’s nothing. FDEP issued Continue reading →

Sabal Trail response to WWALS exceptions to ALJ’s Order in WWALS v Sabal Trail & FDEP 2016-01-04

Does this sound like a level playing field to you? Basically Sabal Trail claims “reasonable assurances” mean the pipeline can be completed and that’s a public good for the state of Florida, nevermind any destruction or hazards, while WWALS would have had to demonstrate specific direct damages to many of its members because of pipeline installation just to get standing. A Spectra Energy executive from Houston, Texas automatically has standing to claim safety using evidence from other pipelines and even other pipeline companies,explicitly referencing the U.S. Pipeline & Hazardous Materials Safety Administration, while WWALS and its local members in Florida are precluded from introducing any evidence about safety in the same case, or so Sabal Trail seems to say in its objections filed today 4 January 2016 (PDF) to the judge’s Order in WWALS v Sabal Trail & FDEP.

Seems like the limestone underlying the Floridan Aquifer are not the only cracks and fissures in Florida.

-jsq

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

Judge ruled against WWALS in DOAH case: WWALS fights on

The judge’s ruling was disappointing, but not unexpected. He found for the Respondents Sabal Trail and FDEP on every issue, even standing. WWALS and others will fight on for the Suwannee River, for the Floridan Aquifer, and for the property rights of local citizens against this pipeline boondoggle.

Recommendation Indeed, “the project would result in unavoidable temporary and permanent losses of portions of wetlands along the route.” Mitigation somewhere else, not even in the same watershed, is no excuse. Nor does such “mitigation” stop the eminent domain takings of local Florida citizens’ lands, or the bulldozing of a grandmother’s ashes, for the profit of a company from Houston, Texas.

This ruling, with its rather remarkable irregularities, appears to provide additional grounds for appeal beyond those we already knew. The judge repeatedly said in the hearing, and we quoted in the WWALS Proposed Recommended Order, that activities such as boating, swimming, fishing, and scuba diving counted for standing, yet his Order only accepts Continue reading →

Deadlines for Sabal Trail comments: Army Corps, FERC, Suwannee County

Due to widespread opposition to Sabal Trail’s invading fracked methane pipeline, the Corps extended its deadline 60 days, and FERC slipped a month. Deadlines coming up this week and next.

This Friday, December 11, 2015:
Deadline to comment to the U.S. Army Corps of Engineers (USACE)
The Corps wants comments on cumulative effects, including from local governments and other organizations, as well as individuals. No Corps permit, no pipeline.

Industrial Wastewater Permit application for Suwannee River Plant by Duke Energy

Why does Duke Energy now want to dispose of industrial wastewater from its Suwannee River power plant in Suwannee County? Why did Duke apply for a water permit for the same plant the same day that the U.S. Army Corps of Engineers asked for comments about Sabal Trail? Why does Sabal Trail want the same type of permit?

Profile Name: Suwannee Air

Permit: Water – Industrial Wastewater Facility Permit
Project Name: DUKE ENERGY – SUWANNEE RIVER
Location Id: FL0000183
Location Name: Duke Energy Florida – Suwannee River Generating Plant
County: Suwannee
Application Number: FL0000183-007

For further information, please contact the Tallahassee Headquarters permitting office in Tallahassee at (850) 245-8589

Why is a wastewater permit labeled “Suwannee Air”? And more questions…. Continue reading →

DEP neither acknowledged nor addressed the EPA concerns raised by WWALS –Politico

National news notes Florida doesn’t want DOAH to listen to EPA about Sabal Trail, after WWALS asked DOAH to do so.

DEP over EPA Bruce Ritchie, POLITICO Florida, 25 November 2015, Scott administration helped keep scathing EPA pipeline report out of legal challenge,

TALLAHASSEE — Gov. Rick Scott’s top environmental agency helped block a scathing federal report outlining environmental concerns from being submitted as part of a challenge to a controversial natural gas pipeline that would run across some of Florida’s most “environmentally sensitive areas.”

The Sabal Trail pipeline, a joint venture of Spectra Energy, Duke Energy and Florida Power & Light Co.’s parent company, would extend 515 miles from central Alabama to Osceola County. The project, which covers more than 260 miles in Florida, faces a legal challenge to a state permit in Florida from an environmental group named the WWALS Watershed Coalition.

On Oct. 26, the U.S. Environmental Protection Agency wrote to the Federal Energy Regulatory Commission, saying it had “very significant concerns” about Continue reading →

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

FOR IMMEDIATE RELEASE

Sabal Trail pipeline challenged by recommended order, plus Suwannee County resolution tonight

Jasper, Florida, November 17, 2015 — The day after WWALS filed its Proposed Recommended Order (PRO) in WWALS v. Sabal Trail & FDEP saying FDEP didn’t do proper due diligence on what Sabal Trail’s application, especially for the Outstanding Florida Waters of the Suwannee River and the Santa Fe River, the Suwannee County Commission is considering tonight a resolution against Sabal Trail’s proposed Hildreth Compressor Station.

Suwannee County resident Debra Johnson remarked,

“How about nowhere in our county. It’s like who wants this dangerous compressor station in Suwannee County ANYWHERE?”

David Shields testified at the hearing in Jasper that he had purchased land in Suwannee County because: Continue reading →

WWALS files Proposed Recommended Order with DOAH 2015-11-16

DEP failed to sufficiently review or verify Sabal Trail’s application, failed to timely place comments from affected landowners in the public record, and disregarded heightened protection requirements of Florida Outstanding Waters. Sabal Trail admitted Spectra Energy is its operator in perpetuity, and that horizontal directional drilling could adversely affect water quality of the Suwannee River, yet DEP failed to adequately consider such effects. DEP professed to be unaware of other potential risks such as crossing existing pipelines, including the Southern Natural Gas pipeline. Springs, fragile karst geology, leaks, LiDAR, and geologic collapse: all insufficiently considered by DEP. Sinkholes, springs, and gopher tortoises pointed out by landowners never examined by Sabal Trail or DEP.

A Spectra Energy executive from Houston deigned to come to “the middle of nowhere” to tell us they’d use thinner pipe in low population areas such as Suwannee County. He testified at length about Spectra’s safety history, even Continue reading →

Ocala StarBanner heard the EPA watchdog bark

Will the Suwannee County BOCC heed this call?

Editorial, Ocala StarBanner, 29 October 2015, A public watchdog when one’s needed

For more than two years opponents of the Sabal Pipeline have been denouncing the natural gas pipeline project as a threat to North Florida’s groundwater supply and sinkhole-prone geology, only to be waved off by state and federal regulators. It seemed those empowered to protect the people’s interests were not listening.

That is, until this week. At the 11th hour of the public comment [period, the U.S. Continue reading →

Notice of Hearing in Jasper, FL October 19-22 2015 for WWALS v. Sabal Trail & FL-DEP

WWALS will argue for conserving the Suwannee River, the Floridan Aquifer, and other wetlands of Florida against the Sabal Trail fracked methane pipeline at this hearing in Jasper (or Live Oak). WWALS asked for Jasper in November because that’s in the middle of the affected landowners, while Sabal Trail and FL-DEP asked for Tallahassee in October because that’s where their offices are; it looks like the judge split the difference.

If you want to be a witness for WWALS, please contact us ASAP; time is very short. If you want to help financially, you can contribute to the IndieGoGo crowdfunding campaign. Or become a member of WWALS.

Yesterday Administrative Law Judge Bram D. E. Canter ordered (PDF) for DOAH Case No. 15-4975: Continue reading →