Tag Archives: Southern Environmental Law Center

Fishing Access in Georgia: House Committee Report 2023-12-01

Update 2024-02-28: Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26.

Here is the Final Report with Recommendations after four public input meetings and a decision meeting of the Georgia House Study Committee on Fishing Access to Freshwater Resources.

[Chair Rep. James Burchett and GA House Fishing Access Study Committee 2023-11-30, plus fishing, fish, boating, and trash]
Chair Rep. James Burchett and GA House Fishing Access Study Committee 2023-11-30, plus fishing, fish, boating, and trash

Basically, they want to preserve both fishing rights (and private property rights) while preserving boating right of passage. The Study Committee found right of passage tied to navigability, so its key recommendations are to determine and delineate which parts of which rivers and streams are navigable.

If you know Committee Chair Rep. James Burchett or any of the committee members, please contact them asking for maximum navigability while preserving private property rights. Or contact your Georgia state house member.
http://openstates.org/find_your_legislator/ Continue reading →

Fishing, boating passage, and navigability in Georgia waters 2023-10-12

Update 2023-12-31: Fishing Access in Georgia: House Committee Report 2023-12-01.

What waterways are navigable? How does navigability apply to fishing rights and private ownership of waterways? What about right of passage? How does the Georgia state constitutional Right to Hunt and Fish apply? And what about GA-DNR boat ramps?

[Access, Navigable, Boat Ramps]
Access, Navigable, Boat Ramps

This controversy started with a lawsuit about the Flint River, but it has already spread to other rivers and creeks, and sooner or later will affect the Suwannee River Basin.

The Chair of the Georgia House Study Committee on the subject is Rep. James Burchett, District 176, which includes southwest Coffee, Atkinson, Lanier, and northeast Lowndes Counties, all in the Suwannee River Basin. Plus he is the County Attorney for Brooks County.

If you know him, maybe you’d like to talk to him about the importance of river passage and public fishing rights. As he is reported to have said, “The intention is to find clarity. The property owners and fishermen all want to know, where can we fish and where can we not?”

Continue reading →

Tens of thousands commented against a strip mine near the Okefenokee Swamp

Hahira, Georgia, May 30, 2020 — From every U.S. state and beyond, tens of thousands comments poured in to the Army Corps against a permit application for a titanium strip mine far too near the unique blackwater gem of the Okefenokee Swamp. The comment period ended Thursday. You and your elected officials can still ask the U.S. Army Corps of Engineers to do the right thing and deny this permit, or at least require an Environmental Impact Statement.

[44,000 commenters against strip mine on a map]
44,000 commenters against strip mine on a map

“With its unique ecosystem and incomparable beauty,” says Suwannee Riverkeeper John S. Quarterman, “the Okefenokee Swamp is a national and international treasure, and the source of the St. Marys and Suwannee Rivers. With its opportunities for boating, birding, fishing, photography, adventure, and hunting nearby attracting 600,000 visitors a year and supporting more than 700 jobs, the Okefenokee National Wildlife Refuge (NWR) provides more economic benefit to each of Georgia and Florida than any other refuge.”

The groups supporting the Swamp and opposing the mine include twenty Waterkeepers from three states, and umbrella organizations Waterkeepers Florida and Waterkeeper Alliance.

Contact: John S. Quarterman, Suwannee Riverkeeper, contact@suwanneeriverkeeper.org, 229-242-0102.

See below for a longer press release from Georgia River Network about the several dozen organizations loosely associated to protect the Okefenokee Swamp from anything that might harm it, such as this strip mine for private profit for paint.

Tens of Thousands Voice Opposition Over Mine Proposed to be Located Next to the Okefenokee Swamp

Continue reading →

USACE has miners explain equipment on yard near St. George, GA 2019-10-18

Our Suwannee Riverkeeper Southwings flight of October 5, 2019, caused the U.S. Army Corps of Engineers to demand Twin Pines Minerals explain their equipment site on pain of civil or criminal penalties.

[Dragline Yard Location Map]
Dragline Yard Location Map
PDF

The Corps’ Holly Ross wrote on October 9, 2019 (see also PDF): :

We received a tip that Twin Pines had started work on the project site. The WWALS has aerial imagery posted on their site of mining equipment staged. Continue reading →

GA-EPD: Twin Pines massive submittals short on analysis, incomplete, not sufficient, and wetland impacts not temporary 2019-12-05

“We reiterate our concern and position that an appropriate project review for 401 water quality certification is not yet possible since complete substantive and important information about the proposed hydrogeologic effects of this project relative to the surrounding landscape has not yet been submitted by the applicant. …So substantial, so massive, so transformative is the effect to wetlands contemplated at the Twin Pines site that you no longer have in place the original wetland to be impacted.” The Georgia Environmental Protection Division (GA-EPD) wrote that to the U.S. Army Corps of Engineers (USACE) in response to the thousands of pages of low-level data but only a few pages of analysis that Twin Pines Minerals (TPM) has sent those agencies.

Twin Pines Minerals is still failing to hoist its burden of proof that its propsosed titanium strip mine would not jeopardize this national treasure, the Okefenokee Swamp, the headwaters of the Suwannee and St. Marys Rivers.

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Photo: John S. Quarterman for WWALS, of Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100, on Southwings flight, pilot Allen Nodorft, 2019-10-05.
See also pictures from that flight by Wayne Morgan.

Maybe the City of Folkston and Charlton County Development Authority (CCDA) might want to rethink its assertion in the Charlton County Herald that “We would not support anything that would jeopardize this national treasure.” GA-EPD’s opinion is much like what U.S. EPA said, that the mine would have “substantial and unacceptable impact”.

CCDA wrote, Continue reading →

U.S. EPA still says mine would have substantial and unacceptable impact –Suwannee Riverkeeper 2019-12-31

In the Charlton County Herald, December 31, 2019:

Dear Editor,

The burden of proof is still on the miners to show their mine would not damage the Swamp or the Rivers, and they have not met that burden.

U.S. EPA still finds that “the proposed project will have a substantial and unacceptable impact on aquatic resources of national importance.”

[Distant 2019-11-23]
Anonymous drone aerial of heavy equipment on the mining site 2019-11-23.
River Styx is in the background, Okefenokee Swamp is on the horizon.
St. Marys River flows out top left horizon. Suwannee River flows out far side of Swamp.

That’s about “the permit application submitted by Twin Pines Minerals, LLC” for a titanium strip mine. “The proposed 2,414-acre mine area lies in proximity to the Okefenokee National Wildlife Refuge (NWR), and the potential secondary effects of the mine on the NWR have not been demonstrated by the permit applicant.”

This is the second letter EPA has sent to the U.S. Army Corps of Engineers saying the mining application is deficient. We obtained a copy through a Freedom of Information Act (FOIA) request. The entire letter is here: https://wwals.net/?p=50931.

You, too, can still comment to the USACE, and all comments they receive before the Corps announces a decision can be used in any potential lawsuits. The addresses are: Continue reading →

Thanks to organizations for the Okefenokee Swamp, against the Titanium Mine

Thanks to the more than two dozen organizations, local, regional, statewide in Florida and Georgia, national, and international, that oppose the titanium mine that would be far too close to the Okefenokee Swamp. The Okefenokee National Wildlife Refuge (ONWR) provides boating, birding, fishing, and hunting nearby to the tune of more than $60 million a year and more than 700 jobs, making it the NWR of most economic benefit to each of Georgia and Florida. The Okefenokee Swamp is a unique ecological treasure, and is the headwaters of the Suwannee and St. Marys Rivers. The burden of proof is on the miners, and they have not met it.

[Organizations For Okefenokee Swamp, Against Titanium Mine]
Organizations For Okefenokee Swamp, Against Titanium Mine
PDF
Add your organization here: https://forms.gle/Dyqc77EBsjXBsz93A

You can still file a comment with the U.S. Army Corps of Engineers. If the Corps actually issues a permit, which they may in the next few weeks, anything filed can be used in any ensuing lawsuit.

Exactly how many organizations oppose that strip mine is hard to say, since Continue reading →

Waterkeepers Florida passes resolution against titanium mine application near Okefenokee Swamp

Waterkeepers Florida asks the Army Corps to require Twin Pines Minerals to supply all the information missing from its application for a titanium mine near the Okefenokee Swamp, to prepare a full Environmental Impact Statement (EIS), to hold Public Hearings, including in Florida, and “to answer how the Corps has or will determine that the Applicant’s proposed mine would not adversely affect the Okefenokee Swamp, the St. Marys River, the Suwannee River, the Floridan Aquifer, or the State of Florida.”

You can also still comment to the Army Corps.

[TPM Equipment closeup, Wayne Morgan]
TPM Equipment closeup Photo: Wayne Morgan for Suwannee Riverkeeper on Southwings flight, pilot Allen Nodorft, 2019-10-05.

Continue reading →

Complete permit application, Twin Pines Minerals 2019-07-17

The complete 565-page permit application by Twin Pines Minerals, SAS-2018-00554, is now on the WWALS website.

News about it is all over North America, with more coming out daily.

You can go ahead and send in comments to the Army Corps of Engineers or to the Georgia Department of Natural Resources.

[Twin-Pines-Individual-Permit-Application--complete-0006]
Twin-Pines-Individual-Permit-Application–complete-0006

You can retrieve the complete application from Continue reading →

Titanium mine near Okefenokee NWR 2019-07-12

Update 2019-07-18: The complete application is now on the WWALS website; you can comment now.

Friday, July 12, 2019, the U.S. Army Corps of Engineers published a Public Notice for Application SAS-2018-00554 for a titanium mine southeast of the Okefenokee National Wildlife Refuge (NWR). Thursday I attended a meeting at the Okefenokee NWR near Folkston about that, and I met with agents of the miners back in April. The application is about the little purple area on this map they showed us at the end of April:

[Context]
Context

But that’s not the whole story; see below. Today this mine proposal is on the agenda for the WWALS board meeting.

Here are some things the application doesn’t tell you: Continue reading →