Tag Archives: Law

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

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Update 2022-01-02: Withdrawn but will return: subdivision in aquifer recharge zone near Little River, Lowndes County, GA @ LCC 2021-12-14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

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

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

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 →

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

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

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
PDF

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

Denied: Deannexation of Cherry Creek Mitigation Bank @ VCC 2021-08-19

Update 2023-11-20: Vegetative Buffer Encroachment on Mud Swamp Creek for Valdosta Old Clyattville Road Widening 2023-10-19.

WWALS E.D. Gretchen Quarterman heard it on Valdosta’s facebook livestream. The result was surprising only in that it was unanimous.

Bryce Ethridge, Valdosta Daily Times, Aug 24, 2021, City denies de-annexation request, approves park projects,

VALDOSTA — After tabling it at the last meeting, Valdosta City Council denied the de-annexation of 310 acres from the city.

This was a request made by the Uvalde Land Company for the city’s portion of the Cherry Creek Wetlands Mitigation Bank property located between the Withlacoochee River and Cherry Creek residential neighborhoods.

The company wanted the change for “wildlife management and recreational use” for a hunting ground.

The request, even before being brought up in the council meeting, was opposed by nearby residents, some of whom were concerned about being in the path of stray bullets because of their homes’ proximity to the area.

Mayor Pro-Tem Tim Carroll said the applicants can seek permits to hunt on the land while it remains within the city.

“None of the reasons given warrant the de-annexation of the property, especially when you consider there are a host of homeowners that have homes above this property,” he said. “They are citizens of Valdosta and they deserve to have their voices heard by their representatives.”

Carroll motioned to deny the request, followed by a unanimous vote in favor of the action.

Aerial of proposed de-annexation in 2021-08-05 Regular Session, Valdosta City Council

The picture is from the preceding City Council meeting, when they held the Public Hearing, before tabling at the landowner’s request.

Tim Carroll is visible behind the small monitor at the speaker’s podium. The de-annexation would have been from his City Council district, so, as is usual in such cases, the other Council members followed his lead, although some of them also had other reasons to deny.

Need Show Cause for NFE Miami LNG, Strom LNG, etc. –WWALS to FERC 2021-07-30

I wondered why we were suddenly getting media inquiries about a letter WWALS sent to FERC two weeks ago. Yesterday FERC got around to posting it. Weirdly for a letter about Florida, in the docket for a Puerto Rico Liquid Natural Gas (LNG) facility. Well, we did cite FERC’s March 2021 Order in that docket as a precedent.

Interestingly, it’s marked:
Non-decisional: No

Does that mean FERC is willing to entertain what we asked? Send SHOW CAUSE letters to all five Florida facilities? Or revoke FERC’s 2015 abdication of oversight over inland LNG export facilities?

As the letter says, we are not fans of FERC. But no FERC environmental oversight turns out to be worse than FERC.

WWALS to FERC 2021-07-30

Accession Number 20210817-4000 as “Comments of WWALS Watershed Coalition re NFE Miami LNG under CP20-466.”

The letter references the 2015 FERC decision that it did not have jurisdiction over inland LNG facilities. That decision is Pivotal LNG, Inc., 151 FERC ¶ 61,006, (2 April 2015). Then-Commissioner Norman Bay dissented, writing in part:

Here, the majority acknowledges that “liquefaction facilities operated by Pivotal and its affiliate … [will] produce liquefied natural gas that [will] ultimately be exported to foreign nations by a third party” and that such foreign sales must be made pursuant to an export license from DOE.⁵ There can be little doubt, therefore, that the facilities will be involved in the “exportation of natural gas in foreign commerce.”

Until FERC revokes that 2015 abdication of oversight over inland LNG export facilities, the least it can do is to send SHOW CAUSE orders to each such facility demanding to know why it should not be under FERC oversight.

Need Show Cause; Map of LNG export operations

Incidentally, FERC Hotline Support replied about Nathaniel Davis: “He no longer works at FERC.” I had to forward the letter to Janel Burdick, the Deputy Director, Office of Enforcement, who is now also Acting Director. Does anybody know what happened to cause that personnel change at FERC? Continue reading →

Ghost company: Strom LNG

A ghost company with no assets, not even an office or the land it claims for its Liquid Natural Gas (LNG) liquefaction facility, no investment, and no business partners. What reporters from Tampa Bay Times found was even worse than what what we found by attending a Port Tampa Bay board meeting: Port Tampa Bay has no agreement with Strom, and wants none. The reporters’ findings take us back to 2014.

Strom Inc. previously listed an Ybor City building as its physical location, which it no longer occupies. Pictured is the building. [ MALENA CAROLLO | Tampa Bay Times ]

Malena Carollo and Jay Cridlin, Tampa Bay Times, 20 July 2021, A company asked to ship gas through Tampa’s port. Then it ‘disappeared.’
A plan to transport liquefied natural gas from Citrus County to Tampa has activists concerned — even though details are scant.

The Tampa Port Authority’s June board meeting started like always, with a prayer and the Pledge of Allegiance. Then came the call for public comments.

Most port board meetings feature one or two speakers, if any. This one had nine, queued up both on Zoom and in person. All had the same concern: An April report to the U.S. Department of Energy filed by a fuel company called Strom Inc.

Seven years ago, Strom obtained a license from the federal government and has quietly pursued a plan to move a fuel called “liquified natural gas,” or LNG, from a 174-acre facility in Crystal River to one of Florida’s ports via truck or train. Its April report indicated that Port Tampa Bay has tentatively agreed to be its choice.

The fuel is a form of natural gas that is cooled to become a liquid. It is most often used in countries that don’t have infrastructure to extract and transport the gas form of the energy source. Opponents say the fuel can be dangerous to transport, calling rail shipments “bomb trains,” and should bear public discussion before a decision is reached to move it through a city. That’s what prompted the cavalcade of speakers at the port.

Their questions came as a surprise to port leaders, because as one official told the speakers: Port Tampa Bay has no agreement with Strom. It is not negotiating with Strom. And it has no plans to export liquefied natural gas of any kind.

In fact, much of the information Strom has provided to the federal government about its efforts to produce and export liquefied natural gas, the Tampa Bay Times found, is outdated by years.

Not only does Strom have no agreement with Port Tampa Bay, it has no investors or outside backing, no natural gas supplier and does not own the Crystal River property on which it told the Department of Energy it plans to start building a production facility this year.

“It’s kind of like a ghost company,” said Don Taylor, president of the Economic Development Authority for Citrus County, who years ago worked with Strom as the company pursued economic incentives to build in Crystal River. “They just kind of disappeared, and we never heard from them again.”

There’s much more detail in the article, which is well worth reading.

The reporters even got a response out of the head of Strom, Inc.:

In an email to the Tampa Bay Times, Dean Wallace, Strom’s president and co-founder of its parent company, Glauben Besitz, LLC, called the discrepancies in its Department of Energy filings Continue reading →

Valdosta Manhole Rehabilitation lists 2021-07-13

Update 2021-07-16 Clean Withlacoochee River 2021-07-15.

I thank the City of Valdosta for promptly sending their list of manholes to be rehabilitated, and manholes already rehabilitated, both in response to a WWALS Georgia Open Records Act request.

However, I am mystified why neither list includes the notorious spill locations on Mildred Street or Wainwright Drive.

I add up 358,525 gallons of sewage spilled at Mildred Street into Knights Creek in the Alapaha River Basin and 355,875 gallons at Wainwright Drive into Onemile Branch in the Withlacoochee River Basin. Those totals are each since 2015, according to records from the Georgia Environmental Protection Division (GA-EPD).

I haven’t added up spills from all the other locations that are on the Rehab lists. I would hope there are not many that have spilled more than a third of a million gallons of raw sewage.

How many gallons does it take to get on Valdosta’s rehab list?

Current Rehab list; already rehabilitated lists

It’s also interesting that these lists include for almost every manhole specific street addresses. Unlike the vague “1200 block” addresses Valdosta puts in its sewage spill press releases, and often in its spill reports to GA-EPD.

Speaking of which, despite Valdosta’s assurances that it had reported at least the two biggest spills of July 7th to GA-EPD, there is still nothing about any of those in GA-EPD’s Sewer Spills Report.

Manhole Rehabilitation (Phase 7)

Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.