Tag Archives: Law

Trash boom still working; need help from Zacadoo’s, Cook Out 2022-02-26

As WWALS volunteers keep up with it, cleaning out the WWALS Sugar Creek trash boom is like the top row: not bad. Of course, no rain for weeks helps: less washes down the creek.

It would be even less if fast food outlets upstream in Valdosta such as Cook Out and Zacadoo’s (pictured) would clean up their act. And if the owners of their parking lots would put in the trash cans required by Valdosta city ordinances. Sure, there will still be people tossing trash out of their cars, but most of this mess is coming from fast food outlet parking lots.

[Boom, Trash, Cleaned]
Boom, Trash, Cleaned

Before the boom, those trashjams in the bottom row got down Sugar Creek, and there is more on the Withlacoochee and Little Rivers. Such trash, also coming out of Threemile Branch, is not good for the planned Troupville River Camp and Nature Park, featured as their number one BIG thing by One Valdosta-Lowndes and a priority of the updated Parks and Rec. Master Plan. It’s also not good for the WWALS May 7th paddle from Langdale Park to Sugar Creek and Troupville Boat Ramp or even for the Withlacoochee and Little River Water Trail (WLRWT).

And that turtle should not have to live with that trash.

For more background, see https://wwals.net/issues/trash/.

Before

Notice the pool noodles tied on top of the boom for extra flotation. Local ingenuity! Continue reading

Georgia Okefenokee protection bill HB 1289 filed on Okefenokee Swamp Day 2022-02-08

On newly-proclaimed Okefenokee Swamp Day, a bipartisan bill to ban mining on Trail Ridge by the Okefenokee Swamp appeared in the Georgia legislature: HB 1289.

[Bill, Proclamation, Trail Ridge]
Bill, Proclamation, Trail Ridge

What You Can Do

You can ask Georgia Governor Kemp to get the Georgia Environmental Protection Division (GA-EPD) to deny the permit request from Twin Pines Minerals, LLC, for a titanium dioxide strip mine within three miles of the Okefenokee Swamp, which is the headwaters of the St. Marys and Suwannee Rivers. Or ask your city or county government to pass a resolution supporting the Swamp and opposing the mine, as half a dozen have already done.

Or write directly to GA-EPD: TwinPines.Comment@dnr.ga.gov

Or use this convenient Georgia Water Coalition action alert form to ask your statehouse delegation to pass HB 1289 and to ask GA-EPD to deny the permits.

Why

Continue reading

Bad Neighbor Bill, GA HB 1150, would let hog CAFOs into Georgia

Like its predecessor two years ago, this GA HB 1150 would allow only a year for anyone to sue if an industrial hog farm or other such problem opened next door. Despite not being able to name any frivolous farm nuisance suits, the bill’s backers claim preventing those is their purpose. Whatever their purpose, the practical effect of this bill would be to let North Carolina-style hog CAFOs into Georgia, polluting our air and water.

Please contact your Georgia statehouse delegation and ask them to stop HB 1150. Here is a way you can find out who that is: https://openstates.org/find_your_legislator/

Christopher Quinn, Atlanta Journal-Constitution, February 2, 2022, Georgia farm legislative bill takes aim at property rights disputes,

The proposed legislation declares that any farm in operation for a year or more cannot be found by a court to be a nuisance. That added level of protection strips neighbors of their legal power to force a farm to correct a problem, such as creating overpowering odors from manure sludge ponds, opponents say.

Continue reading

No Build: FDOT toll road heading north towards the Suwannee Basin 2022-01-13

Floridians, please go to the Florida Department of Transportation’s Northern Turnpike Extension web page and tell FDOT we don’t need any more toll roads. Here’s where you can say No Build:
https://floridasturnpike.com/turnpike-projects/featured-projects/northern-turnpike-extension/

Doesn’t matter that No Build isn’t listed as an option. Tell them anyway.

[Routes with No Build sign]
Routes with No Build sign

Please also ask your state legislative delegation to stop this boondogle.

This new push for an unnecessary toll road is ignoring previous county and city resolutions against it. So ask them to pass another one, or a new one if they didn’t before. Here’s a draft resulution by the No Roads to Ruin coalition (Suwannee Riverkeeper is a member of NRTR).

Dunnellon already passed a resolution on Monday, December 21, 2021. Continue reading

Supreme Court ruling on underground water could affect proposed titanium strip mine too near the Okefenokee Swamp

Here’s yet another reason you can cite when you ask the Georgia Enviromental Protection Division (GA-EPD) to stop the mining proposal by Twin Pines Minerals (TPM) to strip mine near the Okefenokee Swamp, above the Floridan Aquifer.

David Pendered, Saporta Report, January 3, 2022 5:13 pm, Okefenokee Swamp mining proposal could be affected by Supreme Court ruling,

The proposal to mine sand near the Okefenokee Swamp could be affected by a groundbreaking ruling on water rights issued by the U.S. Supreme Court.

[Figure 8. Drawdown 2930 days]
Figure 8. Drawdown 2930 days

For the first time, justices have determined the same laws that apply to water flowing above ground apply to water in multi-state underground aquifers.

“This court has never before held that an interstate aquifer is subject to equitable apportionment,” Chief Justice John Roberts wrote in a unanimous opinion issued Nov. 22, 2021. This doctrine “aims to produce a fair allocation of a shared water resource between two or more States,” according to the ruling.

The ruling sets a legal foundation to manage future disputes over the usage of interstate groundwater. This issue is expected to arise more frequently as drought and climate change poise to alter the United States’ traditional water supplies and challenge agreements among governments to share water.

This ruling could be brought into play at the proposed mine near the Okefenokee, in part because of the amount of water to be extracted for mining operations from the four-state Floridan Aquifer. For that to happen, a party that has standing to file a lawsuit would have to do so on behalf of one or more of the four states that are above the Floridan Aquifer — Florida, Alabama, Georgia and South Carolina. Two of these states have previously litigated Georgia’s use of water from the Chattahoochee and Flint rivers. The Supreme Court ruled against Florida’s claim in April.

Continue reading

Withdrawn but will return: subdivision in aquifer recharge zone near Little River, Lowndes County, GA @ LCC 2021-12-14

Update 2022-02-02: Sprawl in an aquifer recharge zone back on the Lowndes County Commission agenda 2022-02-08.

Update 2022-01-09: Cancelled: Lowndes County Commission Meetings 2022-01-10, so expect expect the contentious Miller Bridge Road subdivision that was withdrawn last time to be back with larger lot sizes at the January 24 and 25 Commission meetings.

The subdivision WWALS E.D. Gretchen Quarterman spoke against at the November Planning Commission meeting was withdrawn before the December Lowndes County Commission meeting.

[Lowndes County Commission, Rezoning withdrawn temporarily, Aquifer recharge zone]
Lowndes County Commission, Rezoning withdrawn temporarily, Aquifer recharge zone

But the withdrawal letter said they would be back with a new plan by January 5th. The subject property near the Little River is still in an aquifer recharge zone, and far outside any appropriate Character Area in the Comprehensive Plan. Continue reading

Northern Turnpike Extension Kick-Off meetings 2021-12-07

SB 100 didn’t stop one of the M-CORES projects: a toll road up US 19 across the Suwannee River to Jefferson County connecting to Thomasville, Georgia.

Starting tonight are three meetings about the current incarnation, which aims to run from FL 19 at Wildwood through the horse country of Marion County past Dunnellon into Levy County past Chiefland, stopping (for now) just short of the Suwannee River. That’s already a sizeable swath of the springs heartland of Florida.

But don’t expect it to stop there: SB 100 authorized it to go “to a logical and appropriate terminus as determined by the Florida Department of Transportation (FDOT)”

So please attend online or by telephone or in person. Otherwise, they’ll say nobody objected.

[Map and Meetings]
Map and Meetings

Tuesday Dec 7, 2021, 5:30-7:30 pm, FDOT Public Kickoff Meeting Continue reading

We do not need endanger the aquifer recharge zone with a subdivision. –Gretchen Quarterman for WWALS @ GLPC 2021-11-29

Update 2022-01-02: Withdrawn but will return: subdivision in aquifer recharge zone near Little River, Lowndes County, GA @ LCC 2021-12-14

When the Greater Lowndes Planning Commission (GLPC) held a Public Hearing Monday for a rezoning for a subdivision in an aquifer recharge zone, WWALS Executive Director Gretchen Quarterman spoke against it. Three hundred other people opposed the rezoning. The Planning Commission unanimously voted to recommend denying it.

But GLPC does not decide: the Lowndes County Commission will do that on December 14, 2021. And the County Commissioners can, if they choose, change the lot size or approve the rezoning as proposed.

This is what to watch for on that upcoming agenda: REZ-2021-28 Windy Hill S/D, 7532 Miller Bridge Rd., 0010 022, 34 ac., Community well & septic, EA to R1.

[Gretchen, speakers, aquifer recharge zone]
Gretchen, speakers, aquifer recharge zone

Here is the LAKE video of Gretchen speaking, at 19:56. Continue reading

Petition to Initiate a Rulemaking for Small-Scale Inland LNG Export Facilities –WWALS to FERC 2021-11-19

Update 2022-07-22: New method, now in a new FERC docket, Petition for Rulemaking on FERC Oversight of Small-Scale Inland LNG Export Facilities 2022-07-22.

Suwannee Riverkeeper asks FERC to oversee inland Liquid Natural Gas export facilities

Hahira, Georgia, November 26, 2021 (PDF)  —  After years of trying to get FERC to pay attention to an economic, health, and safety issue, Suwannee Riverkeeper for WWALS Watershed Coalition, Inc. has asked FERC to make a rule requiring inland LNG export facilities at least to ask FERC whether it has oversight.

Because the Federal Energy Regulatory Commission (FERC) half a decade ago disclaimed oversight of export facilities for explosive compressed Liquid Natural Gas (LNG) unless ships loaded right there for overseas shipping, such facilities are lacking FERC’s environmental, construction, and safety oversight, causing risk of “ loss of life and significant environmental and economic consequences,” according to FERC’s own strategic plan. Residents of densely populated neighborhoods where inland LNG export plants are being sited, constructed, and operated are in harm’s way. FERC has relegated the responsibility to citizens to police potential threats to public health, safety and welfare posed by these high-risk LNG operations. There are no official Dockets that provide the public an opportunity to participate in any approval process.

[LNG export facilities; WWALS Rulemaking petition to FERC]
LNG export facilities; WWALS Rulemaking petition to FERC

Even a competing inland LNG company complained of economic issues: “During its pendency, the Commission has determined that certain LNG projects are outside its jurisdiction, permitting those projects to compete free from the FERC regulatory burdens that FGS and other FERC-regulated projects bear in what has become an active, urgent and highly competitive small-scale LNG market."

WWALS views the FERC regulatory burdens as public goods of construction, environmental, and safety review, but the point remains that competition has been warped by FERC’s inland LNG export decisions.

“We filed this Petition under the same Federal law as three cases back in 2013-2015 when FERC abdicated oversight of inland LNG export operations,” said WWALS member Cecile Scofield, who opposed an ill-conceived huge 8 billion cubic feet (Bcf) per year LNG import terminal in Massachusetts in early 2000 .   She also noted that, “A Rulemaking is needed to determine FERC jurisdiction before a developer spends millions of dollars constructing an inland export facility only to have it shut down by FERC after it begins operation.”

“Last March, Continue reading

A trash source success: parking lot on St. Augustine Road, Valdosta

Valdosta, GA, October 7, 2021 — Other businesses can do what Stafford did, and our creeks and rivers will be a lot cleaner! That will make Valdosta, Lowndes County, and every place downstream, more attractive to new and existing businesses, and healthier for people who live here.

After many times cleaning up trash from Sugar Creek near the Withlacoochee River, WWALS member Bobby McKenzie went upstream in Valdosta, found some sources, and one of the big ones listened. Other businesses can follow this example: put trash cans in parking lots, empty them, and keep them swept.

[Parking lot, Hightower Creek]
Parking lot, Hightower Creek

Bobby tells the story:

We identified hundreds of pounds of trash being thrown into the tree line just feet from Hightower Creek. The parking lot owner is Valdosta Mall Corners c/o Stafford Development Company (Stafford). Continue reading