FloridaTreeHugger

Ed. Note: The Mosaic Company mine mentioned in the lawsuit below is located at the headwaters of the Peace River, a body of water that empties into Charlotte Harbor and flows into Estero Bay. Anything that adversely affects this water system ultimately flows downstream, potentially causing the destruction of our fragile back bay ecosystem. The Board of Lee County Commissioners has also frequently sent letters in opposition to the expansion of phosphate mining on the Peace River, most recently to the the Department of Community Affairs asking that an areawide environmental impact assessment be performed before a permit is granted to DeSoto County for a proposed 26,000 phosphate mining overlay district.

On June 30, the Sierra Club, Inc., ManaSota-88, Inc. and People for Protecting Peace River, Inc. (3PR) announced that they have filed a complaint and request for a temporary restraining order and preliminary and permanent injunction in Federal Court in Jacksonville, FL against the US Army Corps of Engineers to challenge a permit issued by the Corps to the Mosaic Company for the South Fort Meade Mine extension permit. The permit would allow strip mining up to 80 feet deep on 7,687 acres in Hardee County, Florida. The challenged permit would allow the destruction of 534 acres of native wetlands and 10.7 miles of streams that include the headwaters of the Peace River and the Charlotte Harbor estuary - which is designated an Aquatic Resource of National Importance (ARNI) by USEPA.

The conservation groups charge that the permit, issued by the Corps on June 14, 2010, should have required preparation of an environmental impact statement (EIS) as a federal action significantly affecting the quality of the environment. They also charge the permit violates the Clean Water Act and guidelines under that Act intended to protect the waters and wetlands of the US. And they charge that the permit was issued without the public hearing required by law and requested by the plaintiffs, as well as many others.

A temporary restraining order and temporary injunction is sought because plaintiffs learned that Mosaic has moved equipment into place to begin mining, even though the permit still has not been made available to the public.

Phosphate mining is of enormous concern because of the vast acreage and serious impacts involved. The Corps states that the cumulative impacts attributable to just the past mines include the loss of 343 miles of streams and 136,000 acres of wetlands, a 38.5% decrease, and a decline in the Floridan aquifer of 20 to 50 feet. USEPA has issued numerous comments to the Corps identifying problems with the South Fort Meade extension permit, the first in 2007 raising concerns about the Peace River and the Charlotte Harbor estuary, and several letters in 2010 noting the cumulative impacts of mining, pointing out that the Peace River supplies potable water to approximately 700,000 citizens and calling for an area wide environmental impact statement to study cumulative impacts.

While Mosaic has argued that it reclaims its mined land, in fact Florida Department of Environmental Protection reports show that much of the land is “reclaimed” to industrial use such as clay settling or slime ponds and the reclamation that does take place is very delayed and ineffective in recreating the natural environment.

Inexplicably, a week after issuing the South Fort Meade permit, the Corps finally announced that it would conduct a long sought comprehensive study of the cumulative impacts of phosphate mining on the affected watersheds, clearly conceding that such a study is required before permitting.

Working together, Sierra Club, ManaSota-88 and 3 PR have submitted extensive comments to the Corps objecting to the proposed permit and requesting an EIS and a public hearing. 3PR is headquartered in Wauchula, at the south end of the proposed mine. Dennis Mader, President of 3PR, stated: “Phosphate strip mining ravages both the surface and sub-surface landscapes. High quality wetlands and streams within the South Fort Meade mine extension will be completely eliminated, and there is no evidence that such wetlands can ever be restored to their previous function. Vast clay slime disposals will dominate the post-mining landscape, capturing water that would otherwise re-enter the Peace River. The Corps of Engineers issued this permit at the pleasure of the phosphate industry with no regard for the concerns of the public. That is contrary to law—so let them answer before the court.”

ManaSota-88 is headquartered in Nokomis, FL and is one of the original environmental organizations in southwest Florida, concentrating on the preservation of water quality and wildlife habitat. Commenting on the filing of the lawsuit, Glenn Compton, President, said, “The South Fort Meade mine represents a short sighted and narrow approach to reviewing the impacts of phosphate mining in the Peace River Basin. It is a piecemeal approach that does not adequately address the cumulative and secondary impacts of strip mining in Florida.”

Sierra Club, headquartered in San Francisco, has over 30,000 members in Florida, many in the counties of the Peace River watershed, and has worked on numerous issues related to preserving wetlands and protecting water quality. Percy Angelo, chair of Sierra Club Florida’s phosphate committee, commented: “The Charlotte Harbor Estuary is immensely valuable, both environmentally and economically, to southwest Florida and the Gulf region. Its mix of salt water and freshwater flows provide critical habitat, which is why the USEPA considers it an Aquatic Resource of National Importance. It also supports the recreation and tourism industry, which is crucial to the economic health of the area. With the health of the Gulf under attack from many directions, it makes no sense that the Corps would issue a permit without the EIS and the scientific and public input that the EIS process is supposed to require.”

Angelo added, “The mining company is currently seeking a state permit for 76 million gallons per day of water, over three times the entire use of the 250,000 residents of the Charlotte Harbor area. The US Geological Survey says that mining has contributed to a 20 to 50 foot drop in the aquifer associated with the Peace River, causing the River to dry up at several locations. It is inconceivable that the Corps can pretend that this impact is not significant enough to require an environmental impact statement.”