Nora Demers Homepage

 

Mining Impacts to the Human and Natural Environments

A compilation of resources and issues

Legal documents including comment letters for all mining types:

Mosaic filed a notice of appeal on July 15 with the 11th Circuit regarding our second preliminary injunction which was granted on July 8.  That appeal (No. 11-13277-EE) has officially begun with the filing of Mosaic’s Motion for Stay Pending Appeal.

4th DCA reverses Palm Beach County Commission development order allowing a rock mining in the Everglades Agricultural Area (July, 2011)

read the decision here

A great decision from the 4th DCA today -- with recently elevated 19th Circuit Judge Burton Conner on the panel -- reversing a Palm Beach County Commission development order allowing a rock mining operation in the Everglades Agricultural Area.

The 4th DCA reversed summary judgment in favor of the rock mining company and ordered the case to be returned to the trial court for entry of a judgment finding the development order inconsistent with the Palm Beach County Comprehensive Plan.

The development order was challenged by 1000 Friends of Florida.
Richard Grosso and Robert Hartsell represented 1000 Friends.

Lewis, Longman and Walker represented the mining company.

Among the cases cited as authority by the 4th DCA was Martin County's own Pinecrest Lakes case, which established that the court does not need to defer to the county's interpretation of the comprehensive plan.

 

 

The 2011 Area-Wide EIS for Phosphate Mining Webpage (USACOE)

 

Letter and attachments to the AEIS from various individuals and organizations (April 22, 2011)

 

The 1978 Environmental Impact Statement (Final) Central Florida Phosphate Industry

 

Initial Assessment Monitoring Plan (IAMP) from Hillsborough County Public Utilities Department analytical results for complaince with the FDEP drinking water standards (January 13, 2011).

The report shows that new sinkholes are opening in areas that were mined, and that they didn't have pre-mining baseline data, so are unable to determine whether the groundwater conditions resulted from the mine or were "natural"..  This seems to indicate that the Corps doesn't require baseline data as part of the pre-mining permit application information.

 

Hydrochemical Impacts of Limestone Rock Mining (Water Art Soil Pollution Naja et al Aug 2010)

 

Interactions between Ground Water and Surface Water in the Northern Everglades and Relation to Water Budget and Mercury Cycling: Study methods and appendixes (Open-Flie Report 00-168 U.S. Department of the Interior and USGS prepared in cooperation with the SFWMD)

 

Rock Mining operation effects on water quality in the Everglades Aagrcultural Area (G. Melodie Naja Everglades Foundation -Science Department Jan 8, 2010)

 

EPA VETOES Spruce No. 1 Surface Mine (Jan, 2011)

After extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, EPA announced that it will use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company’s Spruce No. 1 coal mine. EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities. 

 

U.S. Takes action to protect public health in southern Parker County (1/18/11) EPA region 6

This is a civil action for injunctive relief and civil penalties pursuant to Section
1431(b) of the Safe Drinking Water Act (“SDWA” or “the Act”), 42 U.S.C. § 300i(b).
Specifically, this civil action seeks to (a) require defendants Range Production Company and
Range Resources Corporation (collectively, “Range” or “Defendants”) to achieve and maintain
compliance with an Emergency Administrative Order issued by the EPA, pursuant to Section
1431 of the SDWA, 42 U.S.C. § 300i, on December 7, 2010 (“Emergency Order”); and (b)
obtain civil penalties to redress Range’s continuing violations of the Emergency Order. A true
and correct copy of the Emergency Order, dated Dec. 7, 2010, is attached hereto as Exhibit A.

Tarmac King Road Limestone Mine (Levy county) Environmental Impact Statement (USACOE site)

Everglades Coalition to the US EPA regarding Lake Belt Mining Sept 18, 2009

People protecting the Peace River's letter of Aug 21, 2009 to the Bureau of Mining and Mineral regulations proving comments and requesting additional information for the South Pasture Mine Extension

Lake Belt Supplemental Environmental Impact Statement (SEIS)
U.S. Army Corps of Engineers, http://www.lakebeltseis.com/

The Final Supplemental Environmental Impact Statement on Rock Mining in the Lake Belt Region of Miami-Dade County, Florida is now available for review. The document is currently available for download at http://www.lakebeltseis.com/library.htm#2009. Please note that the U.S. Army Corps of Engineers is accepting comments on the Final SEIS during a public comment period that ends June 8, 2009. If you would like to comment through the Corps website, please visit http://www.lakebeltseis.com/comment.htm

 

People protecting the Peace River's letter of March 31, 2009 requesting  a 90-day extension regarding Mosaic's request for a "minor modification" to the Old Colony Wetland Resource Permit 146465-001 so that additional study can be done.

Comments from K. Hill, Representative of Corkscrew Rural Community opposing Troyer Mine application (March 30, 2009)

Public Notice from Army Corp for Troyer Mine near Corkscrew Road (March 12, 2009) (25 pages)

Department of Environmental Protection Notice of Intent to Issue a Variance to Mosaic Fertilizer, LLC Payne Creek Mine, file number 0139109-010-EV-VR, located in Polk and Hardee Counties   (March 5, 2009)

Letter from Fl. DEP Request for Additional Information (RAI)  regarding The Nature Coast Mine (Citrus County). (Dec 31, 2009)

USEPA Letter to Army Corp of Engineer regarding continued concern about North Carolina Phosphate Mine proposal (July 23, 2008)

Final judgment granting legal and equitable relief to Resource Conservation Holdings LLC (Feb 12, 2009) regarding mining application on Corkscrew Road, Lee County Florida.

Objections to the Charlotte County Future Land Use Map (FLUM) amendments regarding changes from Agriculture to Mineral Resource extraction filed by S. Brown from the Conservancy of southwest Florida (Feb 18, 2009)

The new Indian River County Mining Ordinance (adopted December 19, 2008) can be seen at this page http://www.ircgov.com/Departments/IRCCDD/Mining/index.htm --it is number 37.

Groundwater Impact Analyses for Wild Turkey Sand Mine Indian River County Florida by BCI Engineers, December, 2007.

an excerpt from that report:

 

Florida Department of Environmental Protection Request for Additional information for the Environmental Resource Permit from the Tarmac Mine- Titan King Road Mine in Levy County (November 19, 2008)

Environmental groups sue over EPA mining rule: Environmental groups sue to stop EPA from changing rule allowing surface mining near streams (Newsweek.com By JESSE J. HOLLAND Associated Press Writer | AP Dec 22, 2008)

EPA "stream buffer zone" regulation: http://www.epa.gov/EPA-IMPACT/2008/December/Day-12/i29150.htm

Environmental groups lawsuit: http://www.earthjustice.org/library/legal docs/sbz-rule-final-complaint-12-1 9.pdf

From the USGS "An Assessment of Potential Effects of Aquifer Storage and Recovery on Mercury Cycling in South Florida. (In cooperation with the USACOE Jacksonville) Scientific Investigations Report 2007-5240"

quote excerpt:

"Given the known links between sulfate loading and Methyl Mercury (MeHg) production, it is reasonable to conclude that sulfate added from the release of recovered ASR water could contribute to additional MeHg formation in receiving waters of the Everglades"

Letter to the City of Rockledge, FL from the ACLU about posting signs to "Save our Aquifers" from ASR injection asserting the interpretation is unconstitutional and posting signs on private property does not violate the municipal ordinance as the City recently claimed (November 24, 2008)

Draft Tenoroc Site Inspection Report prepared for the EPA January 2001

People for Protecting Peace River recently file this suit against Hardee County and Mosaic Mine regarding the August 14, 2008 Resolution 08-19 Development Approval for a DRI for the S. Fort Meade Mine.

Affidavit of Panagioti Tsolkas HAS BEEN REMOVED (after a threat for libel for posting on these pages)  in support of written complaint for violations of Chapters 455 and 492 FS and related laws and rules regarding a geologist's testimony about vertical migration of injected industrial wastewater to be missing a published document in which a geologist who testified was a co-author.

Updates: Altman Mine Permit- Both Manatee and Hardee county are not satisfied with their current permits ( sigh, some relief), so they have both postponed their meetings on this until July 31 and June 30th, respectively. Here is an email that summarizes Manatee county decision. Hardee just struck it from the agenda saying they were not satisfied with the economic forecast and are gathering more information. You may certainly post this to your web, and thanks to all concerned folks who wrote the commissioners!

Is it legal for additional documents to be provided after a hearing?  (Hardee County issue- June, 2008)

Silence Scientists--Attempts by mining industry and state agencies -see the Bacchus case Sydney Bacchus vs. State of Florida

Washington Loop Homeowners against Mining (WHAM) vs. Charlotte County BoCC and Triple D (Feb 12, 2008)

Hoevler's Palm Beach Ruling of 3/22/06 ruling goes into grave detail over the attempts by the mining industry and regulatory agencies to cover up or ignore the role of mine blasting in the benzene contamination of the municipal well field.  Below are the pdf files (pages 1-50 etc) of the judge's initial ruling.  

Part 1 pages 1-50, Part 2 pages 51-100, part 3 pages 101-150, part 4 pages 151- end

Return to  compilation of resources and issues

This resource focuses on adverse impacts from mining currently not addressed or evaluated by regulatory agencies and municipalities, as well as alternatives to mining and approaches for improved monitoring and evaluation of existing and proposed mine sites and mine-related impacts.  This portal is made possible thanks to the volunteer efforts of scientists, other professionals and citizens.

Please enjoy your visit, and contact me with your thoughts.

 
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Last updated February 7, 2011