Legal challenge filed to halt Big Sugar’s rock mine

The Florida DEP planned to issue an Environmental Resource Permit (ERP) for the first phase of the Southland Water Resource Project project this week; but on Monday the Everglades Law Center filed a legal challenge to halt the project, acting on behalf of the Tropical Audubon Society and its president President José Francisco Barros and Vice President Brian Rapoza, petitioning as private citizens.

The challenge, via a Petition for Administrative Hearing, was filed with the Department of Administrative Hearings, according to a press release from Tropical Audubon.

Palm Beach County Commissioners approved the project on May 22, and the DEP followed by issuing a notice saying it intended to approve the ERP permit Aug. 11. Southland applicants Phillips & Jordan need the permit to begin blasting.

VoteWater’s Gil Smart testifies during the Palm Beach County Commissioners’ hearing on the Southland rock mine, May 22.

The land — more than 8,600 acres owned almost entirely by U.S. Sugar and Okeelanta Corp./Florida Crystals (except for 10 acres owned by the State of Florida and 640 acres owned by Laramie Lodge #390 Loyal Order of Moose) — is located south of Lake Okeechobee and just north of the EAA Reservoir and stormwater treatment area (STA).

The U.S. Army Corps of Engineers has expressed misgivings about the rock mine’s impact on the reservoir — and may require Phillips & Jordan to seek federal permits.

The DEP was set to approve the ERP permit for Phase 1 of the project, which includes 1,337 acres divided into three cells. The limestone is to be blasted out, presumably sold, and the resulting holes used for water storage.

But for that to happen the South Florida Water Management District needs to approve the project, and the district reportedly has not even begun its review process. Meanwhile, as we reported last week, a second (and third) public hearing on the proposed “water resource” project must be scheduled by the SFWMD once Southland revises its application. Southland has until Aug. 27 to do so.

Bottom line: the Southland project is a reckless money grab that threatens progress on Everglades Restoration. We’ve opposed this since day one and the fight isn’t over yet.