Tag Archives: Law

Comment now: TPM mine drains to Okefenokee Swamp, Rivers Styx, St. Marys, Suwannee, Georgia and Florida 2020-04-10

Comment by this Monday, April 13, 2020, if you don’t want any of these creeks, rivers, or the Okefenokee Swamp affected by this strip mine, or the Floridan Aquifer, in Georgia or in Florida.

The Twin Pines Minerals strip mine site drains west from Trail Ridge into the River Styx, into the Okefenokee Swamp, and to the St. Marys River, which becomes the border between Georgia and Florida. On the east, it drains into Boone Creek and into the St. Marys River. If it affects the Swamp, it will affect the Suwannee River, which runs through Georgia and Florida to the Gulf of Mexico.

[River Styx]
River Styx

Please go ahead and tell the U.S. Army Corps of Engineers why you don’t want this strip mine near the Swamp.

You can also ask for an extension of the public comment deadline, and for public hearings in Georgia and Florida. Here is the Suwannee Riverkeeper extension and hearings request for WWALS.

The Rule the Corps is following for comments says the U.S. Environmental Protection Agency (EPA) can require any other affected state to comment. So you can ask EPA to ask Florida to comment. Here is our request for that. Here’s a simple version you can use:

[Your Name or Your Organization Name] requests the U.S. Environmental Protection Agency (EPA), pursuant to 33 CFR § 325.2, (b), regarding permit application SAS-2018-0054 to determine that the mining activities of the subject Application may affect the quality of the waters of the state of Florida and to notify the state of Florida, the district engineer, and the applicant that Florida ‘has 60 days from receipt of EPA’s notice to determine if the proposed discharge will affect the quality of its waters so as to violate any water quality requirement in such state, to notify EPA and the district engineer in writing of its objection to permit issuance, and to request a public hearing.’

The inset map is from Figure 66 in the TPM application. TPM didn’t label the waterways, but that’s the River Styx where it says MSW-1, and Boone Creek where it says MSW-4. Both lead to the St. Marys River, which becomes the Georgia-Florida state line. The River Styx joins the St. Marys in the Okefenokee Swamp, which is the headwaters of the Suwannee River. Continue reading →

Florida and Georgia Boat Ramps Status 2020-04-09

Yes, you can boat, fish, and swim on rivers and lakes during the stay-home period, in both Florida and Georgia, as long as you keep your distance. Don’t gather in large groups unless you want your favorite river or lake access to get closed, not to mention unless you want to get or transmit the novel coronavirus that causes COVID-19, for which there is no vaccine. Stay six feet apart, no large groups (usually no more than 10), and on the water stay at least 10 feet apart or 50 feet apart in Florida.

Below is a snapshot of conditions today. Check on your local park or ramp or launch before going for current conditions.

Also check on bacterial conditions, especially since last night’s rain.

Florida

Here’s a handy map that shows status of Florida boat ramps and launches. Red means closed. Blue means open.

[Florida]
Florida

Tony Acevedo, SaltStrong, 31 March 2020, This Map Shows Which Boat Ramps Are Closed & Which Are Open, Continue reading →

WWALS Motion to Intervene in Sabal Trail request for Phase II extension 2020-03-30

Does this look anywhere near completion to you?

[Facing north (bare dirt)]
Facing north (bare dirt)

Yet on March 26, 2020, Sabal Trail asked FERC to extend the May 1st deadline for its Phase II construction of the Dunnellon and Albany Compressor Stations because of the virus pandemic, after FERC already extended way past the original February 2, 2018, deadline for completion of all phases.

FERC surprisingly did not immediately rubberstamp that request, instead opening a comment period until April 13, 2020. WWALS today filed a Motion to Intervene in that comment process on that request.

Your organization, if it was a party to the underlying Sabal Trail proceeding in FERC Docket CP15-17, can also move to intervene.
https://ferc.gov/docs-filing/efiling.asp

Anyone can comment, without needing to intervene:
https://ferc.gov/docs-filing/ecomment.asp

WWALS Motion to Intervene

See also the PDF filed with FERC as Accession Number 20200406-5070 today, April 6, 2020. Continue reading →

Request EPA to ask Florida for comment on Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554 2020-03-30

WWALS requests the U.S. Environmental Protection Agency (EPA) “EPA regarding permit application SAS-2018-0054 to determine that the mining activities of the subject Application may affect the quality of the waters of the state of Florida and to notify the state of Florida, the district engineer, and the applicant that Florida ‘has 60 days from receipt of EPA’s notice to determine if the proposed discharge will affect the quality of its waters so as to violate any water quality requirement in such state, to notify EPA and the district engineer in writing of its objection to permit issuance, and to request a public hearing.’”

[2020-03-30--WWALS-EPA-TPM-FDEP-comment-hearing-0001]
2020-03-30–WWALS-EPA-TPM-FDEP-comment-hearing-0001

We quoted from the Rule the Army Corps says it is using in its comment period for the re-application by an Alabama company to strip mine for titanium near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Marys Rivers, and interchanges water with the Floridan Aquifer, all of which affects Florida.

You can also send a letter like this to the EPA, asking for comment from the state of Florida and a public hearing in Florida.

Or you can send a comment to the U.S. Army Corps of Engineers requesting a 120-day extension of their ridiculously brief comment deadline of April 14, 2020, and public hearings, like WWALS did.

Why not both?

WWALS Letter to EPA

Continue reading →

Request comment deadline extension and public hearings about titanium mine near Okefenokee Swamp –Suwannee Riverkeeper to Army Corps 2020-03-19

We urge everyone else to also send the Army Corps a comment letter asking for an extension of the comment deadline and for public hearings.

For more things you can do to oppose this bad mining application, see How to Comment.

[Map: TPM Mine, Okefenokee Swamp, Suwannee River]
Map: TPM Mine, Okefenokee Swamp, Suwannee River
in the WWALS map of All Public Landings in the Suwannee River Basin.
The TPM mine is marked in the right center by the highlighted crossed hammers,
due north of the line of four Chemours titanium mines in north Florida.

Below is the text of the letter WWALS just sent to the Corps as a PDF.

March 19, 2020

To: Col. Daniel Hibner, Commander, U.S. Army Corps of Engineers, Savannah District
Attention: Ms. Holly Ross, holly.a.ross@usace.army.mil,
CESAS-SpecialProjects@usace.army.mil
1104 North Westover Boulevard, Suite 9, Albany, Georgia 31707

Cc: Stephen Wiedl, Wetlands Unit, stephen.wiedl@dnr.ga.gov
Georgia Department of Natural Resources, Environmental Protection Division,
Water Protection Branch, 7 Martin Luther King, Jr. Drive, Atlanta, GA 30334

Re: Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554

Dear Colonel Hibner,

Regarding permit application SAS-2018-0054 by Twin Pines Minerals, LLC, of Birmingham, Alabama, Suwannee Riverkeeper for WWALS Watershed Coalition (WWALS) asks the U.S. Army Corps of Engineers (USACE) to extend the public comment period and to hold public hearings, as detailed at the end of this letter.

Review of the current 219-page Application and the hundreds of pages of appendices is not practicable in Continue reading →

Supporters of the Okefenokee Swamp ready to stop new strip mine application by Twin Pines Minerals

FOR IMMEDIATE RELEASE

Hahira, Georgia, March 16, 2020 — The coalition of supporters of the Okefenokee Swamp against anything that would harm it stands ready to stop the new strip mine application, same as the old one.

Twin Pines Minerals (TPM) of Birmingham, Alabama, in its new application claims its proposed titanium strip mine less than three miles from the Okefenokee Swamp would be on a “reduced mining area,” which is actually 86% of what they proposed last time. They say they want to do a “demonstration” mine.

[Figure 1: Location of the Proposed Saunders Demonstration Mine]
Figure 1: Location of the Proposed Saunders Demonstration Mine
PDF

Suwannee Riverkeeper John S. Quarterman says, “Let their foot in the door and it will be even harder to get rid of them later. TPM is under a Florida Consent Order along with Chemours for violations at four mines due south in north Florida. Chemours now wants a fifth Florida titanium mine on Trail Ridge. Why would we think TPM would stop with just a nibble of Trail Ridge in Georgia? Our Okefenokee Swamp with its fishing, boating, birding, and hunting nearby, is much more important than any mine, especially since it is the headwaters of the Suwannee River and the St Marys River.”

Despite TPM’s assurances, the miners have not proven their mining would not affect the groundwater, the underlying Floridan Aquifer, surface streams, or the Okefenokee Swamp.

Their application form proposes to mine 1041.7 acres, the same size tract as in their application of last year that they retracted in early January of this year. But their actual application says “TPM now wishes to conduct a demonstration mining project for a reduced mining area of approximately 898 acres.”

86% of the original acreage is not much reduced. And how is that just a demonstration?

No doubt you will hear more about that and other problems with the miners’ application from the coalition supporting the Swamp and opposing anything that would harm it. That coalition includes a wide range of organizations, Continue reading →

Nestle permit deleted from SRWMD agenda 2020-03-10

How does Nestlé appeal a decision that hasn’t been made yet? I guess we’re about to find out.

Meanwhile, I plan to go speak anyway, 9AM Tuesday 10 March 2020 at SRWMD HQ in Live Oak. How about you?

For inspiration, see the WWALS videos of the 32 speakers from December.

[Nestle denial pulled from agenda]
Nestle denial pulled from agenda
PDF

Received via email about 4PM today, Monday, March 9, 2020:

March 9, 2020

NOTICE OF AMENDMENT OF AGENDA

NOTICE IS GIVEN that Agenda Item No. 20—BCS Page 61—Authorization to Deny Water Use Permit Renewal Application 2-041-218202-3, Seven Springs Water Company Project, Gilchrist County has been pulled from the agenda.

The Applicant has filed a petition for administrative hearing on this denial and the District has forwarded the petition to the Division of Administrative Hearings (“DOAH”) for consideration by an Administrative Law Judge as required by law.

The District does not have jurisdiction to act on the petition until the administrative process is completed before DOAH and the Administrative Law Judge issues a recommended order. Upon issuance of the recommended order, the Governing Board will re-agenda this item for final agency action.

Suwannee River Water Management District |
www.MySuwanneeRiver.com

A few minutes before, the revised agenda arrived via email. Continue reading →

Citizens about Nestle at SRWMD 2019-12-10

Update 2021-02-09: Back to Live Oak and online: SRWMD Nestle Special Meeting 2021-02-23.

Update 2020-03-09: Nestlé pulled from the agenda.

See in these videos 32 people speak to the SRWMD board, against Nestlé’s Ginnie Springs permit, and not a single one for, after a rally outside, in December 2019. Plus 384,000 signatures delivered by Allison Guy of SumofUs.

That permit is on the agenda for tomorrow morning, 9AM, Tuesday, March 10, 2020, at SRWMD HQ in Live Oak.

SRWMD staff recommend denial, but they did back in 2003 when the Madison Blue Spring permit was originally granted, and the SRWMD Board approved it anyway.

So come speak your mind. Come early: SRWMD is expecting so many people they’re setting up expansion space inside, and their parking will fill up quickly. Facebook event.


[No to Nestle!]
No to Nestle!

The Suwannee River Water Management District Board may never have heard from a mermaid before. Many other speakers were new to this venue, such as 14-year-old Isaac Augspurg.

Others were old hands, such as Our Santa Fe River (OSFR) president Mike Roth, past president Pam Smith, Historian Jim Tatum, and of course Merrillee Malwitz-Jipson.

Several WWALS members spoke, including several of the above, and Chris Mericle, Garth Brewster, and Maxine Connor.

Valdosta spill; No Nestle permit --Suwannee Riverkeeper John S. Quarterman
Valdosta spill; No Nestle permit –Suwannee Riverkeeper John S. Quarterman

The only speaker to cause an audible gasp from the audience was me, when I revealed that Valdosta had spilled again, 7.5 million gallons of raw sewage, upstream from Madison Blue Spring. Much more about that on the WWALS website.

I hand-delivered to SRWMD board and staff copies of the WWALS letter against Nestlé permits.

Below are links to each WWALS video of each speaker, followed by Continue reading →

Special meeting to approve an RFP for an environmental attorney –Madison BOCC 2020-03-06

Update 2020-03-07: Too Numerous To Count: E. coli, Madison County, Withlacoochee River 2020-03-05.

Tonight at 6PM in Madison, Florida. I’ll be there to discuss the recent water quality test results and to invite them to Earth Day cleanup at Knights Ferry Boat Ramp on the Withlacoochee River.

Madison County, Florida

NOTICE OF SPECIAL MEETING OF THE BOARD OF
COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA,

NOTICE IS GIVEN that the Board of County Commissioners of Madison County, Florida will hold a special meeting, to which all persons are invited to attend, as follows:

March 6, 2020
6:00 p.m.
Madison County Courthouse Annex
229 SW Pinckney St., Room 107 Madison, Florida 32340

Review with Possible Approval of Draft Request for Proposals to Engage the Services of an Environmental Law Firm.

If you are Continue reading →

Stop Georgia from mis-using tax funds: HR 164 for vote Thursday 2020-03-05

This would be fraud if a business did it.

Much of Georgia taxes on new tires or trash dumping are supposed to be dedicated to collecting tires, handling hazardous waste, and the like. Unfortunately, about 40% of such tax collections get diverted to the Georgia General Fund, and from there to who knows where, while tires and trash collect in our rivers. That’s over $200 million dollars of your tax money misused to date.

stop the lies: pass HR 164

This year we can get this passed, even though original sponsor Jay Powell is deceased. HR 164: dedication of revenues derived from fees or taxes to the public purpose for which such fees or taxes were imposed; authorize. This resolution would authorize a constitutional amendment referendum to give the General Assembly the authority to dedicate fees while providing flexibility to the budget in the event of a downturn or recession.

To send email to your Georgia State Senator and the Lt. Governor of Georgia asking them to support HR 164, here’s Continue reading →