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  The Scoop  

SAVING THE SATILLA: The Initial Spark
By Gloria Taylor, Board Member


A lot of folks wonder "how are things with the mine?" or "what is Save Our Satilla (SOS)?" or "are SOS and Satilla RIVERKEEPER® the same thing, or two different things?" or all of the above.

Well, guess what, it's all interconnected, it has been quite a ride, and there is no simple way to tell the story. So here is an attempt to tell the story, hopefully, thereby answering all of the above questions, and let you know what is going on yet today.

A lot of it began back in the late winter and spring of 2002.

The Mining of Ancient Dunes and the Advent of SOS
It was March of 2002, and in response to a notice in the Brantley County Enterprise, SOS coalesced. The notice was from an Australian mining company, Iluka, which had leased land in the Lulaton area of central Brantley County and wanted to extract titanium ores, plus those of three other minerals. These minerals are some of many valuable resources and services provided by the Ancient Dunes of the Satilla River Valley and other watersheds in South Georgia.

Brantley County had no code, zoning, or land-use plans (and still doesn't) that could regulate the mine, or otherwise afford protection for the Satilla and her watershed. Iluka was applying for a surface-mining permit, a water-withdrawal permit to use up to 400,000 gallons of water a day from the Miocene (also known as the "Brunswick") aquifer, and a National Pollution Discharge Elimination System (NPDES) permit to discharge up to 5 million gallons per day into the headwaters of Buffalo Creek. Our background research indicated that the wetlands had already been altered by the timber-company owners of the land, and that mining would be a source of further damage to those wetlands, and therefore the environment of the river basin. We also found that the mining process can produce, under certain circumstances, radioactivity in sufficient amounts to be harmful to the environment. Iluka asserted that their procedures, unlike dredge-style mining, includes extensive wetlands protections and repair, and that any issues with radioactivity is confined to the processing (refining) end of the mining operation, which was to be (and is) located in Green Cove Springs, Florida.
(RIVERKEEPER®'s Note: while checking facts for this article, it was discovered that releases of sulfur dioxide gas confined in surficial aquifers and other mined formations may also be a concern during this type of operation).

SOS organized citizen meetings to help inform folks on the details, meetings that were not called by our government officials, but organized by regular folks. We contacted Georgia DNR, Georgia EPD and the US Army Corps of Engineers. We were eventually granted a public hearing on the issuing of the mining, water-withdrawal, and NPDES permits. The Center for a Sustainable Coast, the Altamaha RIVERKEEPER® and the Georgia Chapter of the Sierra Club joined us in expressing specific environmental concerns. We asked for an Environmental Impact Study but the DNR refused, stating that they were not mandated to do it and the EPD said that their job was to make sure that the forms were filled out properly, according to their guidelines. With regard to this type of activity, there is no agency that considers the total impact of a project on the environment.

Mining Titanium from Wetlands, Reaching a" Stable Peace"
Part of the mining proposal included activities to be conducted within the wet, vegetated depressions and watercourses located on the leased property. There was no application for a (federal) Section 404 (Clean Water Act) permit to mine the sediments underlying the wetlands on the leased property. The US Army Corps acknowledged no exact or total acreage of "jurisdictional" or "isolated" wetlands (a legal distinction with no natural difference), and by its lack of requiring a 404 application showed its intent to allow Iluka to actually mine the wetlands for ore. The Corps, in their permitting capacity only considered 0.007 of an acre as impacted (road crossings) in a mining project that encompasses 6,841 acres. By the time we reached the end of the process, the truth is that there are 1,058.33 delineated acres of jurisdictional wetlands, "jurisdictional ditches" (another legal, artificial construct), and hundreds of acres of isolated wetlands on the leased land in question.

Mine or no mine, the bad news is that our water supply and the Satilla River watershed ecosystem are substantially unprotected and already in an impaired condition. Even though nominal permitting processes are in place, and long-term programs administered by the state and federal governments such as state buffer rules, the NPDES program, and the Section 404 permitting process convey an aura of "protection", the facts on the ground are otherwise. Our watershed covers just under 4,000 square miles of land area, and contains over 200 linear miles of rivers and streams that are listed as impaired under The Clean Water Act. Wetlands and ridge sands are the kidneys that filter rainwater, hold it back for times of drought, and thereby are an integral part of the river ecosystem. The lack of attention paid to these issues through the permitting processes outlined above is both emblematic of, and potentially contributory to, these ongoing problems. The good news is that so many citizens do care . . . . . . and will act when they become aware that our local, state and federal governments will only protect us if we make them do it.

Once the permit processes, or lack thereof, were challenged Iluka mining worked diligently with us in reaching a settlement which accomplished several important goals. Among them were: 1) protection, for the time being, of jurisdictional wetlands, preserving the rights of both Iluka and the public interest groups to be active in a 404 permitting process; 2) provision for the adequate restoration of isolated wetlands; 3) provision for the replanting in mixed forests, consisting of at least 10% hardwoods, and 15% long leaf pine; 3) for the duration of active mining and reclamation activities, leaving a 25 foot uncut buffer between state waters and mining operations; 4) construction of 100-year flood water retention ponds on the leased property, with only one discharge point; 5) provision of start-up funds for a "Satilla RIVERKEEPER®" organization, or similar outfit; 6) provision for noticing the public interest groups should Iluka plan to mine a defined area near the Okefenokee Swamp; and 7) a commitment for working with us to assist the community to protect, serve and enhance the river and surrounding natural resources, including efforts to help us acquire conservation easements. By their actions, Iluka showed us there desire to be good neighbors.

In the past, most citizens have only been concerned about the part of the river where they live, fish and boat. This approach had not worked. Although it is a big job, the only way to be effective is to protect our entire watershed. The spark generated by the mine, and the very real commitments made by the miners, has now not only produced a better mine and mining operation, but has also provided us with our new RIVERKEEPER® organization. Thus SOS, Iluka, and caring folks from the Satilla River watershed, and statewide came together to produce something stabilizing and progressive out of conflict and confusion.

A River Still Runs through It, and Hopefully Will for a Very Long Time
Our efforts with the mine had two parts. During the part described above we were represented by our most able attorney Don Stack and his colleagues. The 404 process remains outstanding, and we are represented by Chris Descherer and his colleagues at the Southern Environmental Law Center, is still pending. Remember the part about there being little to no impacted wetlands?? Save Our Satilla, Center for a Sustainable Coast, Altamaha RIVERKEEPER®, and the National Wildlife Federation asked the Army Corps of Engineers to reevaluate 302.137 acres of "isolated" (non-jurisdictional) wetlands proposed to be mined.

The Corps determined that, in fact, approximately 100 of those acres were subject to the jurisdiction of the Clean Water Act, placing them under a 404 process. Iluka has since applied for a 404 permit to mine that acreage. Within the first 30 days of the existence of the brand new Satilla RIVERKEEPER® organization, we were faced with a comment deadline, and opposed the permit application based upon several key objections, not the least of which was that mining titanium is not a water-dependent activity. The process is ongoing.

We have achieved a major victory for the Satilla, but are very aware that this is an opening salvo. We have received immense support from a lot of people and from some very notable organizations, but this is just a beginning. Consider the hundreds of hours of work and resources it has taken to get the Army Corps to change their position on just 100 acres of wetlands. Consider the huge amount of time and money that it took to try to assure that Iuka would mine at the highest possible standards. This is only one case among hundreds of situations currently present among our hard-working, unprotected, and precious wetlands.

So, please consider how you can help. Water is life for all of us and those that come after us. Join us . . . . . NOW!

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