Our Santa Fe River, Inc.

www.oursantaferiver.org

454-386-2366

Hello Everyone,

I tried to keep this mailing a bit shorter. Although, I have gone into more detail about Blue Springs than any time in the past e-mails.

For our boaters and Manatee lovers please read the last e-mail.

Update on Blue Springs Properties:

We have received dozens of e-mails and questions regarding the tree harvesting taking place on CR 340 where the water bottling plant is supposed to go...

We know that Blue Springs Properties owners Kim Davis and family (who owns the land) and Loncala (who owns the trees) were scheduled to cut down trees earlier this year. Loncala is only cutting trees...since it's Ag-2 land this is allowable. A coincidence or planned in accordance with their wishes to build a facility right in those locations...it's difficult to say. HOWEVER, THEY DO NOT HAVE A PERMIT TO COMMENCE CONSTRUCTION FOR A WATER BOTTLE PLANT.

As for Blue's next step. We know they have hired Jefferson Braswell. He is an "environmental attorney" out of Gainesville. And they have filed a "Writ of Certiorari". This means that they are asking for a re-examination of trial documents in an Alachua County Circuit Court. This was filed by Braswell during the 2nd week in November 2008. The corporation is attempting to "quelch" the decision in which Gilchrist County Commissioners voted 4 to 1 to deny the Development of Major Impact on County Road 340 in the northern part of Gilchrist County near the Santa Fe River and directly next to the Blue Springs Campground.

This is excerpted from Braswell's filed Writ of Certiorari:

ARGUMENTS

I. THE BOARD DID NOT OBSERVE THE ESSENTIAL REQUIREMENTS OF

LAW BY RELYING ON THE UNSUBSTANTIATED AND GENERALIZED

STATEMENTS FROM THE PUBLIC INSTEAD OF THE EXPERT

TESTIMONY OF A PROFESSIONAL PLANNER THAT STATED THE

PROPOSED SPECIAL USE PERMIT IS IN HARMONY AND CONSISTENT

WITH THE GILCHRIST COUNTY COMPREHENSIVE PLAN.....6

II. THE BOARD OF COUNTY COMMISSIONERS FAILED TO PROVIDE DUE

PROCESS WHEN IT REFUSED COUNSEL FOR THE APPLICANT TO

CROSS EXAMINE CITIZENS THAT THEN FORMED THE BASIS FOR

DENIAL OF THE APPLICATION FOR THE SPECIAL USE PERMIT.....13

Just a reminder of the Gilchrist County Comprehensive Plan's vision statement that was quoted in both the Planning and Zoning Meeting (March 2008) and again in the Gilchrist County Commission (September 2008) as argument against this industrial facility in a rural/agricultural neighborhood directly next to a campground on an "Outstanding Florida Waterway" the Santa Fe River:

"The vision for the County is rural communities working in harmony to provide opportunities for all its citizens through balanced growth and enhanced education, while preserving our proud heritage, natural resources and agriculture".

Years ago a citizen group hired Braswell to fight a legal appeal that Blue Grotto in Levy County made after the County Commission in that county turned down their appeal for construction of a bottling facility there at the Blue Grotto (an opening in the Floridan Aquifer and in a residential neighborhood). He fought for the citizens who did not want it and won for them. He is an environmental lawyer very familiar with comprehensive planning laws. She will say something like it is in the Gilchrist County Comprehensive Plans to do what she wants. OSFR still believes it is not viable directly next to a campground in an (Ag-2) agricultural, residential neighborhood. The trucks, noise and light pollution are a key part of our argument. Ultimately the strength of our conviction not to do it here lies in PUBLIC INTEREST. It is clearly not part of the current Gilchrist County Vision statement found on the front page of the comprehensive plan booklet and it is protected in our Florida Statutes 373.223 (1) (c) http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0373/SEC223.HTM&Title=->2007->Ch0373->Section%20223#0373.223 and our Florida Administrative Code 40B-2 as a PUBLIC INTEREST is very important in these type of land use decisions.

It was DENIED the last time Blue Springs Properties tried to get a building permit for a water bottling facility at this location in 2003... please see this link...

http://www.gilchrist.fl.us/Minutes/2003pdf/2003-11-03,%20Regular%20Meeting.pdf

Gilchrist County referred it to the Department of Community Affairs in Tallahassee, FL.

And the DCA sent an Objections, Recommendations, and Comments (ORC) Report to Gilchrist County in Jan. 2004.

Sighting their objections in the following laws:

1. CONSISTENCY WITH RULE 9J-5, FAC and Chapter 163, FS

Objection 1. Suitability and Natural Resources:

The proposed land use designation would allow for a variety of industrial activities, such as manufacturing, assembly, processing or storage of products in an area that is an unconfined high recharge area for the Floridan Aquifer. In addition, the soils are identified as having sever limitation for septic tanks due to poor filtration. The proximity of the proposed industrial site to water resources in the area, including Blue Springs and the Santa Fe River, both of which are designated as being Outstanding Florida Waterways, is a concern, since the reclassification of the property to Industrial has the potential to have increased adverse impacts to these resources. As there is no central sewer system in this portion of the county, the site would have to be served by a septic tank system. The data and an analysis did not address these potential impacts to the resources. Further, the data in the amendment did not provide any information about the site listed species or habitats.

Authority: 9J-5.006(2)(b); 9J-5.006(3)(b) 1; 9J-5.011(2)(b) 5; 9J-5.001(2)(c) 4; 9J-5-013(2) FAC; Section 163.3177(6)(a)(c)(d) and Section 163.3177(8), FS

III. Consistency with State Comprehensive Plan:

Objection: The proposed plan amendment is not consistent with and does not further the following goals and policies of the State Comprehensive Plan, Chapter 187.201.

a. Goal (15) Land Use and Policy (b) 6.

b. Goal (7) Water Resources and Policies (b) 2, 9, and 10

c. Goal (9) Natural Systems and Policies (b) 1, 3, 6.

d. Goal (17) Public Facilities and Policies (b) 1 and 7.

e. Goal (19) Transportation and Policies (b) 2, 3, 9, and 13

f. Goal (25) Plan Implementation and Policies (b) 7.

After the Gilchrist County Commissioners heard the ORC Report from the DCA (excerpted above) they came up with this (below) to make their Comp Plan in accordance with what might be able to accommodate such a facility. Hence the words "Development of Major Impact" that we are faced with today in this land use decision.

"When the case came up in 2003, a land use map amendment from ag to industrial was required to allow the bottled water plant. In making such a change, the county could not limit the site to bottled water plant, and thus the industrial designation would open up the site to any industrial use. My sense was that most agreed that it was not good that the county's only option was to open a site up to the potential for any industry, e.g., asphalt plant, cement plant, etc., when what was being proposed was a bottled water plant. Thus, changes were made to the Land Development Code that would allow a bottled water plant in the Ag land use district, but the approval would have to be made by the county commission as a Development of Major Impact." , e-mailed from Mr. McPherson, lawyer for Gilchrist County.

Despite the change in land use changes there are still environmental impacts that cannot be corrected with a simple change in words to allow an industrial facility.

OSFR is looking for expert testimony on behalf of the citizens and Santa Fe River.

1. Someone who can lay black wires (for counting purposes...I don't know the actual names of these) on the road in 2 designated locations, on both sides of the Coca-Cola Plant, so we can get an accurate count of vehicular traffic in this location.

2. An audio expert or physician who can provide professional comments on what "low audible hum" does to animals and plant life.

3. A County Planner that can attest to discrepancies in the Gilchrist County Staff Report.

4. A hydrolgist that can discuss the impacts of what 1 million gallons every 2 days would do to our Rivers/Springs and Aquifer.

5. A lighting technician or engineer that can provide comments on what night time lighting does to the rural environment.

We will be consulting with a number of lawyers who have expressed interest in this land use decision. AND, if the Circuit Court decides that Blue Springs Properties gets to have a redue of the Gilchrist County Commission Meeting as a "quasi-judicial hearing"...we will be prepared once again. This time, the participation from the citizen input will be doubled. Democracy is still very much a part of these proceedings.

Thanks you all for your interests.

AND keep the comments coming.

I have tried to answer them all, if I have missed a reply, please resend.

Sincerely,

Merrillee Malwitz-Jipson

board member OSFR

Merrilleeart@aol.com

More to come.

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High Springs Herald

Recent denial of bottled water plant being challenged in court

By Rachael Anne Ryals
Herald Staff Writer

GILCHRIST COUNTY – A recent decision to deny a bottled water plant on the Santa Fe River is being challenged in court.

Blue Springs Properties has filed a motion stating that the Gilchrist County Commission did not follow the due process of law when the Commission denied the special permit for a bottled water plant at a meeting in September.

http://highspringsherald.com/articles/2008/11/14/news/news10.txt

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Climate Change Threatens Florida's Drinking Water

by St. Petersburg Times

Photo: St. Petersburg Times

If climatologists are right, Florida's future could be a thirsty one: Climate change, blamed for eating away at Florida's coastline, is also quietly encroaching on the state's drinking water.

Public and Proud of it!

From a craggy coast in Maine to the Firestone city of Ohio,

Citizens hit the polls to defend the future of water

November 2008

Dear Supporter,

In this most historic election season, water activists across the country shared victories in the struggle to secure local, public control of our most precious resource, water. Join us in celebrating their hard-fought wins and support our efforts to ensure democratic control of water in cities and communities across the nation.

In the beachside town of Wells, Maine, threatened by the expanding bottling operations of Nestle's Poland Springs brand, towns folk voted in unprecedented numbers to halt Nestle's water mining. The community voted for a 180 day moratorium on all water bottling activities allowing residents time to craft a comprehensive ordinance protecting local water resources.

Support for the ballot measure was headed up by Save Our Water, a citizen's group comprised of residents served by the Kennebunk, Kennebunkport, Wells Water District (KKW). Save Our Water has joined the Take Back the Tap movement, working with activists from around the state to build a coalition who will ensure that protecting local control of water is a priority for communities throughout Maine.

Send your congrats to the water warriors of Save Our Water!

And check out the group's new website http://soh2o.org

People of the Firestone city joined in the victory to protect local control of their water. Residents of Akron, Ohio voted to reject a measure to privatize their city's sewer system. Issue 8, a measure to lease the public sewer system to a for-profit private company for 99 years was defeated by 62 percent to 38 percent.

Citizens to Save our Sewers and Waters (Citizens SOS), a coalition composed of local labor, faith and community groups, worked tirelessly to educate the public about the dangers of privatizing a public water utility, demonstrated consistently in cities across the country and globally to lead to sharp rate increases, poor service, and bad maintenance. Citizens SOS galvanized support to place Issue 9 on the November ballot, a citizen's initiative to ensure that the all future proposals by the City Council to privatize public utilities will be put before the public for a vote. Issue 9 passed by a 2-1 margin.

Send you congrats to the water warriors of Citizens SOS!

In an election season of new beginnings, let their victories become the change that shapes the future of water in America.

Congratulate these Water Champions in their fight for local, democratic control of water resources and services!

Do your part to Take Back the Tap--buy a reusable stainless-steel canteen today.

Sincerely,

Amy Dowley

Take Back the Tap Campaign

Food & Water Watch

Food & Water Watch is a nonprofit consumer organization that works to ensure clean water and safe food. We challenge the corporate control and abuse of our food and water resources by empowering people to take action and by transforming the public consciousness about what we eat and drink.

Talk to Us | Support Us | Subscribe

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Campaign Update and FHD in the News!

GREETINGS FHD SUPPORTERS!

In light of the hyper-partisanship of election season, it is important to realize that Florida Hometown Democracy is a non-partisan reform with only one goal: giving voters the power to veto bad growth plan changes.

Mark your calendars for January 8, 2009. Hometown Democracy v. the State of Developers heads to the Florida Supreme Court for the umpteenth time in the battle to save what’s left of this once gorgeous state. The court will rule on the revocation statute. You will recall that FHD won at the First District Court of Appeals but the state appealed the ruling.

Regardless of the ruling, FHD will be on the 2010 ballot. If you are interested in volunteering on the campaign, please email us at flhometown@yahoo.com.

The “big boyz” are nervous about the looming reality that people who live in a town might actually have a voice in its future, so they are running hard to procure their “entitlements” NOW, before the 2010 election. It doesn’t seem to matter that we are in the midst of a real estate depression, they must have approval for that new mega-sprawl. If the truth be told, they are programmed for destruction and just don’t care about anything else. See the excellent article below….simply substitute your county for Orange County and your BAD project for “Innovation Way” ….and the beat just goes on!

We can’t wait for 2010!

orlandosentinel.com/news/local/orange/orl-miket2808oct28,0,5239600.column

OrlandoSentinel.com

COMMENTARY

Shady deal on Deseret adds to housing woes

Mike Thomas

October 28, 2008

It doesn't matter that there is an inventory of almost 25,000 unsold homes in Orange and Seminole.

It doesn't matter that Orange County Code Enforcement is so swamped with abandoned homes it has busted its budget.

Business must go on. And the business of Central Florida is clearing land and planting homes.

That is why the Orange County Commission is set to approve 10,000 more of them out in the boondocks of southeast Orange. This will be done by including almost 4,600 acres of Deseret Ranch in the urban-service boundary.

Gotta have more homes.

This is like watching an emphysema patient smoking through a tracheotomy tube.

The deal, of course, was carved out behind the scenes by lobbyists and lawyers for Deseret Ranch and by Mayor Rich Crotty's staff.

It's pretty much the same deal that was pushed in the summer and then pulled back after the media reported on it. Everyone scurried back into the shadows to let the heat die down.

Its return was as predictable as the sun returning this morning. Development can become a war of attrition in which the developers never lose. (Ain’t that the truth.)

And so what was rejected by the county planning board in June was magically approved in September.

And now it comes before the County Commission today. Bet on it passing because this is what we do.

We clear land and build houses.

This is why Central Florida ranks among the hardest-hit areas in the nation from the real-estate collapse. It is why the worsening recession will be particularly brutal here.

Central Florida has way too many places to live -- thousands and thousands of empty homes rotting in the Florida heat. That is dragging down prices and wrecking neighborhoods.

But building houses pays the tab at big consulting and law firms. And that in turn pays the tab for political campaigns.

Grow, baby, grow.

We never run out of reasons to build.

Affordable housing has long been a favorite.

New urbanism justified building Avalon Park in what was then remote east Orange. People would live, work and play in the same development. What we got instead was yet another commuter subdivision, one now gripped by a plague of foreclosures.

The excuse for developing the Deseret property is Innovation Way. The county drew up plans for this high-tech corridor on a map, and before the first guy in a lab coat shows up there is a hue-and-cry for thousands of new homes.

Innovation Way simply has become a sideshow for the real agenda -- opening up wide swaths of property for new development.

Crotty's bold new vision for the future is little more than a dismal return to the past.

The deal was greased at a news conference attended by Crotty on Monday at which it was announced -- with much fanfare -- that the Central Florida Research Park would expand out to Innovation Way.

Interpretation: We need more homes!

In truth, this expansion first was announced in 2005. There is nothing new here.

There is a huge housing glut in southeast Orange. There are thousands of fallow lots awaiting homes.

On top of all that, the county already has approved about 17,500 new housing units for Innovation Way.

We could accommodate the Manhattan Project out there.

And we need to throw 10,000 more houses in the mix?

The county staff says it can't include the Deseret property in its Innovation Way planning unless the land is included in the urban-service boundary.

What I can't get is a good explanation why. There isn't one.

The staff says inclusion doesn't guarantee Deseret the right to build the homes because more studies will have to be done. Then why is Deseret so desperate for inclusion? I'll tell you why: Once that land is included in the boundary, those 10,000 homes are a done deal.

That is our pattern. That is why our real-estate market is an absolute disaster.

Yet here we go again.
Mike Thomas can be reached at mthomas@orlandosentinel.com and 407-420-5525.

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Serious Problems...

Fenholloway River and the Gulf of Mexico

This message is from Stan Meeks, Suwannee River Keepers.

Earlier this week I had a surprise conference call from the DEP in Jacksonville. Working together and keeping this out of the courts seemed to be their main concern. My main concern is keeping the affluent water from a papermill on the Fenholloway River from increasing the size, estimated at 15 square miles, of the Dead Zone at the mouth of the Fenholloway River and thereby contributing to the growing Dead Zone off the Dixie County Coast.

Joy Towles Ezell; hopeforcleanwater@yahoo.com is leading this fight for the Taylor County Citizens.

The Suwannee River Keepers, Inc. believes that this papermill, that was created and is maintaining the Fenholloway River Dead Zone and it is very possible that it maybe contributing to the growing Dead Zone between Horseshoe Beach and Shirred Island on the Dixie County Coast.

The only possibilities we see are; an underperforming, leaking water treatment plant at Cross City, outdated and non-performing to more than 20% of it customers at one time, way outdated industrial and household septic tanks at Horseshoe Beach.

The Fenholloway River’s Dead Zone follows the Gulf Stream to its next natural barrier which is the Great Suwannee Reef’s northern boundary at Horseshoe Beach/Shirred Island. These conditions and natural run-off are the only possibility polluted water flowing into Dixie County’s growing Dead Zone.

The DOH says the Dixie County Dead Zone is caused by mammalian waste, not human waste. Suwannee River Keepers, Inc. does not accept their determination. We are questioning authority by weekly, independent water quality tests using trained professionals to determine if there is a measureable effect from the Fenholloway River Dead Zone, Horseshoe Beach or a leaking, underperforming water treatment plant. We are back-tracking the pollution to find its source.

This area of the Dixie County Coastal Dead Zone is down the Gulf Stream about 50 miles from the mouth of the Fenholloway River’s Dead Zone, Horseshoe Beach and the Cross City water treatment plant is about 20 miles up from the Dixie County Coastal Dead Zone and we all knows what runs downhill. Suwannee River Keepers, Inc. is gathering independent, scientist evidence to determine the source. We will postulate no claim until we are finished testing.

Also, Manatee migration has begun. In six days I have counted, between Fanning Spring and Manatee Springs, at least 3 very new calves, several nursing juvenile calves and at least 50 – 70 manatees from the mouth of the river to the Hwy 19 Bridge.

Please pay attention on the water, manatees are migrating up and down the Suwannee River. Fanning Springs and Manatee Springs State Parks are the two most northern most warm water refuges for manatee on the Gulf Coast.

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In need of help here....Stan Meeks a protector and advocate of the Manatee on the Suwannee River has this information for the public. It is a bit shocking to me that boating incidents such as these still happen in this day and age. If anyone has any information please contact myself or Stan and the authorities...namely Fish Wildlife Commission.

Please remember that Manatees move into warmer waters during the winter. The Suwannee River is their access point from the Gulf of Mexico. Pay attention to large floating masses and SLOW DOWN.

I hope they find the " large Banana Yellow “Cigar” boat with very large black motor" and the missing manatee(s).

Also for those who are taking notes on how many Manatees you are seeing on the rivers...please tell Stan or myself. Please note in your sightings where and when as exact as possible. If you have a GPS available that is the ideal pinpointing method.

Merrillee, OSFR, Merrilleeart@aol.com

*****************************************************

November 15, 2008

Please if you see or hear of any competent sightings of a 6 month calf (4-5 feet long est.) with the ocean brown algae covering its body, please get time and location details to me as soon as you can. Thank you.

Observations:

I traveled from Brandon upriver six miles checking both sides twice and experienced nothing but raw, wet weather. I covered six miles of likely places for manatees with no manatees seen. Even in the grass beds without algae there was no sign of grazing. Most of the grass beds are about 50/50 grass/algae.

I will check the Santa Fe within the next three days.

Stan Meeks, stan_meeks@earthlink.net

Manatee Advocate

Suwannee River Keepers, Inc.

Manatee sighting reports and observations on the Suwannee River from Fanning Springs to town of Suwanneee.

10/23/08 – 11/4/08

Stan Meeks

Manatee Advocate

Suwannee River Keepers, Inc.

October 23, 2008 –October 28, Daylight to dark

Fanning Springs area 6-8 animals reported in 4 days; 6 confirmed

Manatee Springs area 8-12animals reported in last 4 days; 7 confirmed

Town of Suwannee area up to 20 animals reported; 13 confirmed.

_________________________________________________________________

October 30, 2008 until sundown Monday, November 4

From Hwy 19 Bridge at Fanning Springs to mouth of river past town of Suwannee, I have seen 26 individual animals of 40 that were reported to me. I am sure that I saw at least 40 animals in those 4 days and may be more that I could not identify individually in the dark water.

_________________________________________________________________

November 1, 2008 –November 4, Daylight to dark

Saturday November 1, 2008…early morning about 7:30am - 8:00am ish, a large Banana Yellow “Cigar” boat with very large black motor left Joe Anderson Boat Ramp at Hwy 19 and Suwannee River, leaving dock area he noticed the 12 manatees that I had been following down river since before sunrise and he applied full power…taking dead aim, running directly through the 12 manatee herd and missing me by a one foot as I tried to cross the “T” in order to cut him off.

It was too foggy and I was too low in the water to photograph his actions or boat number. I am told by locals he is a regular weekend partier at the ramp. Now I am a regular watcher of the ramp on weekend mornings.

Of the 12 manatee herd that I was following, two cows were nursing new calves. My estimate; the caves were born within last 12 days of that Saturday. The herd also had two juvenile nursing calves, estimated 5-8 months old. He intentionally ran directly ran over one nursing cow and her calf. I estimated the calf about 6 months old with color of the winter algae that forms on the animals in saltwater.

On Saturday after the cow did not surface for air after 45 minutes, I called Susan Butler, USGS to insure I was following procedure. Sally Lieb, MSSP manager was informed of my concern for the possibility of a struck cow, which she did not seem to take my report seriously in anyway or form (might even have been some of her usual ridicule for Stan Meeks in the conversation) and then I reported to the FWC Hotline number.

Two hours later a concerned biologist from the FWC returned my call and discussed the event. Also I spoke with Susan Butler, USGS again and both agreed since the calf was occasionally seen that it would be best to wait until Sunday afternoon to see if the injured cow returned for her calf.

By Saturday afternoon all but one nursing cow was settled in Fanning Springs, seems like several of the other nursing cows “adopted” the lone calf and allowed it to nurse. I stayed on the river looking for signs of the cow until sunset.

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Sunday afternoon, near Old Pine Landing, suddenly a large “lump” emerged up and out of the water, expelled a huge amount of air and sank below the surface before I could identify it. I could only assume that it was the cow from Saturday’s collision and it was killed, then bloated and floated until the internal air pressure was released.

I floated slowly down the river until sunset finding no sign of the carcass.

The “orphaned” calf was ok in Fanning Springs with 3 other calves; two infants and one juvenile. They are there mostly in the early morning and late evenings. I have trouble getting valid reports from Manatee Springs unless I check myself, in person.

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Monday, November 3, 2008

Manatee sightings from Fanning Spring to Manatee Springs

Eight animals observed between noon-7pm; Manatees seen close to sunset one adult, 4 nursing calves and three nursing cows in Fanning by sunset.

6-8 manatees at Manatee Springs area all day, only one pair of cow with calf.

9 manatees in the area at the mouth of the Suwannee.

Tuesday, November 4

Same as yesterday

__________________________________________________________________

Park Rangers and Staff at Fanning Springs were extremely cooperative, as usual.

_________________________________________________________________

I plan to go to the Upper Suwannee and Santa Fe for a few days starting this Saturday afternoon. Saturday and Sunday morning I will be near Joe Anderson Landing at Hwy 19 and the Suwannee River looking for a bright yellow boat with a huge black motor. The balance of the next four days will be spent on the upper Suwannee River watching for manatees.