Former Environmental Lawyer Named Next Secretary of FDEP

Governor-Elect Rick Scott Names Herschel Vinyard as Secretary of the Department of Environmental Protection
FOR IMMEDIATE RELEASE
CONTACT: Brian Burgess January 3, 2010 850-922-5130
TALLAHASSEE, FL – In his continued focus on protecting the natural resources of Florida, while creating the best possible mechanisms for job creation in the state, Governor-elect Rick Scott today appointed Herschel Vinyard as Secretary of the Department of Environmental Protection.
The appointment is subject to confirmation by the Florida Senate and the Florida Cabinet.
Vinyard, who also served as a member of Scott’s Economic Development Transition Team, has a deep background in environmental compliance and innovation, having practiced environmental law for nearly a decade, while more recently serving as director of business operation for BAE Systems Southeast Shipyards. This mix of legal expertise and service with a major Florida employer positions Vinyard to uniquely understand the need for strong environmental protection while ensuring that government and business find new ways to partner in growing the Florida economy.
“Herschel is a man of deep environmental knowledge and practical business experience. He has a love for our great state’s natural resources and a passion for job creation. He will effectively balance those interests for the benefit of all Floridians. We are fortunate to have recruited Herschel from the private sector into government service,” Scott said.
As an example of Vinyard’s focus on environmental responsibility and effective business practices, he provided counsel to BAE Systems in their recent, successful efforts to remove its treated wastewater outfall from the St. Johns River. That wastewater is now being used for irrigation purposes and eliminates a discharge to one of Florida’s most significant water bodies.
In addition, Vinyard led his company’s three-year effort to obtain state approval for a sovereign submerged lands lease. His experience in this complex regulatory proceeding provided Vinyard with new insights on the challenges businesses face in the permitting process and the need to provide a more efficient and streamlined mechanism to meet environmental requirements.
“Good environmental practices make good business sense. Not only can such stewardship better protect the resources around us, they often save money and lead to new innovation. Herschel has been on the front lines of such efforts and will ensure that Florida leads the nation in new partnerships between government and industry that save money, streamline processes and create jobs,” Scott said.
During his practice at one of Florida’s most well-respected law firms, Vinyard represented numerous clients in a myriad of complex environmental matters. His expertise includes the Resource Conservation and Recovery Act, the Clean Water Act and liability issues associated with the Comprehensive Environmental Response Compensation and Liability Act, as well as Florida’s statutory counterparts in Chapter 376 and 403. He is also a past chair of the environmental and land use law section of the Jacksonville Bar Association.
Vinyard is involved in a number of volunteer efforts associated with conservation and environmental protection. As an advisory committee member of the Northeast Florida chapter of the Trust for Public Lands, Vinyard helped develop a strategy to identify and acquire sensitive environmental lands. He serves on the Florida DEP’s Lower St. Johns River TMDL Executive Committee to assist in the development of a basin management action plan for that water body.
About Herschel Vinyard:
Vinyard has more than twenty years of experience in environmental law and business management. In his current role as director of business operations at BAE Systems Southeast Shipyards, Vinyard is responsible for strategic planning, business development and regulatory and government affairs. BAE is the world’s second largest defense contractor. He also serves on a number of professional and civic associations that draw upon his expertise in environmental and complex business practices. This includes board service on the Jacksonville Port Authority, the Jacksonville Regional Chamber of Commerce and the Manufactures Association of Florida. During his decade in private practice at Smith, Hulsey and Busey, Vinyard counseled clients in state and federal environmental compliance and permitting, was heavily involved in the siting of an electrical cogenerating facility and assisted in industry waste minimization efforts. He received his undergraduate and law degrees from Louisiana State University.
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Phosphate worker saw six name changes at Bartow phosphate plant

The Lake Wales News
01/01/11

Retiring after all these years

PHOTO BY BILL RETTEW JR. Scott Marshall Smith (left) accepts an award for his 57 years of service at Mosaic Wednesday from Plant Manager Jeff Golwitzer. The Mosaic plant in Bartow had a retirement party for him.
By BILL RETTEW JR.
Staff Writer
Published:
Saturday, January 1, 2011 10:06 AM EST
Most of more than 100 fellow employees raised a hand at Scott Marshall Smith’s retirement party to confirm that they were not yet born when he started working at Mosaic in Bartow.
The Lake Wales resident was around long enough to witness six name changes at Mosaic’s Bartow plant, one of the world’s largest producers of phosphate and potash.
Smith retired on the 57th anniversary of his hire date in 1953 to much fanfare and smiles from co-workers.
The plant once employed up to 1,200 employees, but thanks to technological improvements, now 373 workers toil at a 15 times larger plant.

Prior to automation, and since Smith started as a sulfuric operator testing and filtering sulfur, the 550-ton sulfuric acid plant has grown to three 2,500-ton sulfuric acid plants on the 100-acre site, surrounded by 10,000 acres of company owned reclaimed land and mines.
The retiree witnessed those technological changes first hand. The employees originally counted on pneumatic air tubes to help operate the plant. Now computers run the process.
When the 19-year-old started, safety glasses, steel toed boots and protective headgear were not required on the job.
“There was an operator for every little job,” said Smith, “and many jobs were combined into one.”
Plant Manager Jeff Golwitzer said the plant became much more productive and efficient during Smith’s tenure in order to compete with companies hiring overseas workers at lower wages.
“I just changed with the times,” said Smith. “I never did mind coming to work.

“If I did, I would have left.”
Before safety gear became mandatory, employees didn’t punch a time clock at the phosphate plant.
“We’d trade off if we needed some time off,” said Smith. “They were just happy we got the job done, no matter who did the work. We’d even sign each other’s names.”
Times also changed outside the workplace and in Polk County.
“People were more friendly,” said the 76-year-old. “You knew your neighbors much more then.
“We didn’t lock the house and left the car keys in the car, but you couldn’t do that now.”
Smith is married to Carolyn, father to Scott Jr., and grandfather to Scott III, Julie and Jonathan.
So why did the fisherman and clay target sportsman stay at one job?
At first he intended to get “a real job” when he turned the required 21 years old to work for the telephone or power company.
After working at Publix and for the school board, Smith started out earning $1.67 per hour at the phosphate plant.
“I was paid a fair wage and had job security and stability,” said Smith.
While Smith worked more than a half century at the same place, he’s not an atypical Mosaic employee.
The average employee at the Bartow plant has been on the job for 18 years and is 55 years old.
Hank Crowley worked with Smith.
“Sometimes you spend more time with the employees than you do with your family,” said Crowley.
Bill Scott is a 33 year vet at Mosaic.
“He’s like a fixture,” Scott said about Smith. “It’s kind of like having your family and your grandfather out here.”
Fellow employees seemed in awe of Smith’s endurance and fitness. Plant manager Golwitzer first met his co-worker in the on-site gym. Several fellow workers smiled when they talked about chasing Smith up the facility’s many stairways.
Bernie Kerber has worked with phosphate and Smith for 34 years.
“No way, I’m not in half as good shape,” said Kerber. Most who spoke said they hope to be as healthy when they choose to retire.
Golwitzer presented the retiree with several awards, framed photographs and presented a slide show.
“With his dedication and fortitude, he’s an inspiration for all of us,” said Golwitzer.

3PR News: Massive Sinkhole Opens in Lithia

The first radio reports I heard on this event is that the landfill was built on “a former phosphate mine” site. I don’t see any further reference to that fact in current reports….

Lithia is the regional headquarters of Mosaic.

Posted: 1:14 PM
Last Updated: 1 hour and 30 minutes ago
http://www.abcactionnews.com/dpp/news/region_hillsborough/leaders-looks-for-solution-to-massive-sinkhole

• By: Ellen McNamara
HILLSBOROUGH COUNTY, Fla. – Today, the Department of Environmental Protection plans to hold a meeting with Hillsborough County leaders to figure out how to fix a massive sinkhole under the Southeast Landfill in Lithia.
The last time we checked with Hillsborough County, the hole was about 60 feet deep.
Even before the meeting this afternoon, the DEP sent a letter to the Hillsborough County Solid Waste Management Department outlining what the county needs to do to ensure the groundwater is safe to drink.
The letter outlines eight different steps, and Michelle Van Dyke with Public Utilities, says the county is doing everything they have been told.
The DEP wants crews to take samples of water at different wells around the 3300 acre site. The samples have to be collected on a daily basis.
Workers also are required to monitor storm water and wells off site on private property near the landfill.
The gas collection system near the sinkhole has to stop operating, but other collection sites can continue working.
As for what caused the sinkhole, geologists working with the county say they are not sure.
Van Dyke says the Florida Aquifer, which flows 130 feet below the surface of the landfill, appears to be fine. The sinkhole formed on a mound about 45 feet above ground.
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Leaders look for solution to massive sinkhole
Source: abcactionnews.com

[email protected] sent this using ShareThis.

Phosphate mining moves forward

As President of 3PR I would like to respond to this email (below) from Frank Kirkland which I consider a cynical misrepresentation of the position that the environmental plaintiffs have taken in the law suit and mediation process.

I feel confident that the partial settlement that we negotiated with Mosaic allowing their workers a 4-month reprieve and preserving two bayhead wetlands from extinction in the very branch that runs through Frank Kirkland’s property was a beneficial deal. Frank Kirkland himself said at the last 3PR meeting that those two bayheads were the only remaining source of baseflow to the branch. Now they shall become part of a permanent conservation easement. The easement will also buffer the McClellan’s property from mining.

These are “substantive” benefits – something that cannot be gained from an EIS. If the middle court’s decision to impose a preliminary injunction on the S. Ft. Meade Mine Extension is overturned on appeal, then, at the very least, we have saved two bayheads from mining. If the appeals court upholds the injunction then Mosaic will have to return to the negotiating table and sacrifice more wetlands in order to continue mining.

Yes, the environmental plaintiffs have continued to meet with a Mosaic representative to continue to explore the possibilities for further partial settlement agreements in the event that the preliminary injunction is upheld. There have been two such meetings (at Appleby’s) and as a result of them we have obtained some written information in response to questions we have asked about Mosaic’s mining operations, reclamation standards and timing, hydrology, conservation easements, water recycling, and gyp stacks. We will continue to meet with Mosaic as long as we consider the information they share to be useful for our purposes.

“Why go to court if you are going to go behind closed doors and work up deals with the industry…? ” I think I’ve explained that… because court decisions are subject to appeal and can be overturned. Mediation is a process by which you can use the leverage that you have at least temporarily gained to obtain some enduring results. And, by the way, the mediations were carried out by telephone conference calls – not “closed doors” – and were recommended by our legal council, Mr. Huber, whose experience and advice we trust.

The S. Fort Meade Mine Extension preliminary injunction doesn’t mean that we’ve snuffed out the phosphate mining industry forever. It means the environmental plaintiffs have a brief window of opportunity during which we have gained the upper hand in the court system and can use that momentum to our advantage if we are willing to participate in the mediation process. Although the mediation process isn’t mandatory it was proposed by Judge Adams prior to his decision to order the preliminary injunction. At that point Mosaic refused to mediate because they were confident, I suppose, that the court would decide in their favor. I’m sure they were bitterly disappointed. From the beginning the environmental plaintiffs, however, did agree to mediate. It was only after the preliminary injunction and Mosaic was at a disadvantage that they saw mediation as a useful option. In mediation both sides are willing to gamble knowing that they are going to have to sacrifice a long term objective for an immediate gain.

The Mosaic strategy has been to lay off their workers in response to the preliminary injunction on the S. Ft. Meade Mine Extension, thereby attempting to turn public sentiment against the environmental community and the court. Our willingness to exchange wetland protections for jobs disarmed that strategy and secured wetland protections that directly benefit Frank Kirkland and others.

Unfortunately the delight Frank Kirkland derives from deriding his own leadership outweigh his ability to apprehend the good that we have done.

Dennis Mader
Pres. 3PR

On Wed, Dec 1, 2010 at 10:27 PM, frank kirkland wrote:
The forward motion of phosphate mining is guaranteed by the people wasting time, money and court uses.

It seems that fear corruption reaches every corner where people are given any authority or power, crippling the chances for anything good
coming about.

We have watched helplessly as local and state authorities work the back room scams and plots that support the Industry and squash the people in their tracks with the medias who profit highly from the phosphate industry ads as do politicians.

this scenario I see reaches even deep in the environmental world as groups are formed and grow its leaders soon become as corrupt as government agents, going green is the motto, if you can’t make it honestly do it how ever you can “Just seek Money and or Power”

I now learn that we have people in high places playing what I consider illegal rolls in our mist (the very people supposedly fighting for us in the court system), these people are becoming the same as most politicians and Lawyers they are making close relations with the enemy, which include under cover negotiations between Mosaic officials and the plaintiffs, these people may have good intentions but in reality the have no place trading away our rights at their uninformed discretion and with out our consent.

Why go to court if you are going to go behind closed doors and work up deals with the industry that is not the wishes of the people who were used to form the case around, why introduce evidence to the court which puts you in some what control or gives you leverage, then in the heat of mediation be pressured by less than factual in put from the other side and a Mediator who is highly paid to sway the case into settlement of some sort. (Mediation can come from court order or both sides request, but in neither case is settlement mandatory)

These people are easily blind sided by the pro’s from the industry who are well experienced at deception, the actions of this commity will be costly to the case in many ways, such as saying to the Army corps its ok to mine before you get the EIS, It speaks along with the back room exchanges still going on between Mosaic and some of our people that we are easy,well trade a pime cow for a pig with lipstick, We are saying EPAs opinion is not valid, It says we don’t care if this case sets the way future cases will fall, knowing full well we can’t preform in lower corts where the industry is favored, above all it sais the groups are just plain not willing to stand for anything. (Run cowards run)

Our fate is in the hands of people who will only suffer from after shock of mining we are the people who are on the line that will be hit in the face with a ton of immediate crap, and we are the people who have fought the fight while many of the leaders were using our work to take our rights away and make the news as if they had done something special, well this is true it takes all to get to certain points but then the glory seekers go bananas and make stupid decisions.

so all you people that suck up to the dollars and no since white collars enjoy what they hand you for your time and money, every dog has his day this included us all.

where I go from here is very much in question but it dam sure want be with the likes of the heart of the groups involved with this federal suit I have enough enemies with out encouraging more, yes some of the people I met and worked with have a special spot in my heart but some have moved to another spot close to the rest of my main pains.

Make all the fun of this you want but keep in mined we reap what we soy and that includes bad and good, so sowing to corruptness will be accounted for the same as sowing to good even if good is not always the clearest path. (Its bad enough to make mistakes, but to continue that track after warning it becomes stupidity.)
Frank Kirkland

3PR News: Miners Dig In for a Fight ( The Wall Street Journal)

Environmentalists Say Phosphate Mining Threatens Florida Wetlands, Farmland

NOTE: ARTICLE FULL OF VERY DETAILED IMAGES
Recommend viewing via link
Text format:
By MIKE ESTERL
Mike Esterl/ The Wall Street Journal
Phosphate is extracted at Four Corners Mine in central Florida.
WAUCHULA, Fla.—The phosphate mined for more than a century here in central Florida to make fertilizer has yielded thousands of jobs and countless harvests around the world.
But environmental groups are arguing in federal court that the cornucopia extracts too high a price in lost wetlands, spoiled water supplies and ruined farmland.
The Sierra Club and local environmentalists have slammed the brakes on an 11,000-acre mine extension planned by industry giant Mosaic Co. after securing a court injunction in July—the first such ruling in a state that supplies approximately 70% of U.S. phosphate rock for fertilizer. Mosaic is appealing the ruling.
At the same time, the U.S. Army Corps of Engineers plans to begin an environmental review early next year to determine the cumulative impact of phosphate mining in this region—the first such study in Florida since 1978.
The hurdles are threatening jobs in a local economy that is struggling to emerge from recession. Phosphate mining directly employs about 4,000 people in four Florida counties, generating an estimated 20% of the world’s phosphate fertilizer.
In Hardee County, where Mosaic’s mine extension is located, the unemployment rate has more than doubled to 15% since 2007. On the main street of Wauchula, the county seat, about half the store fronts are vacant. “I would hate to see anything happen that prohibits mining,” said Terry Atchley, chairman of the county’s board of commissioners.
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Mike Esterl/The Wall Street Journal
Phosphate mining in four Florida counties employs about 4,000 people and produces about 20% of the world’s phosphate fertilizer.
Phosphate companies own nearly a quarter of the land in Hardee County, or about 120,000 acres.
Phosphate is extracted from “Bone Valley,” an ancient fossil bed where the nutrient-rich mineral lies. Seven-million-pound “draglines” create vast open-pit mines by digging often 50 feet or deeper with 300-foot-long booms and shovels large enough to cradle trucks. The mix of rock, clay and sand extracted is then separated, before the phosphate is combined with sulfuric acid to produce fertilizer.
Environmentalists say such mines damage wetlands and harm the area’s dwindling water supply. In addition to using water to process phosphate, large areas of clay left behind are less permeable and can block underground water flows. Past spills from such areas have polluted rivers, killing fish.
Critics say the strip mining also renders large tracts of land unusable for agriculture for many years. They also warn of health risks from increased radiation levels, because the mining brings radioactive materials closer to the surface.
“We’re trying to ensure that it’s done more responsibly in the future,” said Percy Angelo, chairwoman of the Sierra Club’s phosphate committee in Florida.
Mosaic says it’s responsible for less than 10% of the region’s groundwater usage and that it carefully rehabilitates mined lands. It also says the proposed South Fort Meade extension in Hardee County has been reviewed by 14 local, state and federal agencies since 2003, producing more than 100,000 pages of documents.
“We are a highly regulated industry,” said Richard Mack, general counsel of Plymouth, Minn.-based Mosaic, the world’s largest producer of phosphate fertilizer.
Mosaic, majority-owned by Cargill Inc., estimates its reserves are sufficient to continue mining for another 40 years in Florida. But it only has enough permits to cover about 10 years. The contested South Fort Meade extension would roughly double its permitted reserves.
After a Jacksonville court halted the South Fort Meade extension, Mosaic published advertisements in local newspapers warning it would have to lay off more than 200 workers. That struck a nerve in Hardee County, where mining jobs are among the highest paid and per-capita personal income is barely half the national average. Mosaic has nearly 300 workers in the county, making it the third-largest private-sector employer after a medical rehabilitation center and Wal-Mart Stores Inc. CF Industries Inc., a smaller phosphate miner, ranks fourth.

“A lot of families are relying on their miner fathers,” said Zakk McClellan, 21 years old, who buses tables in a Wauchula restaurant and is critical of environmentalists.
Conservation groups have fought back, publishing their own advertisements in local papers and arguing that more jobs would be generated if the land was used for agriculture.
Since 1975, Florida has required phosphate companies to reclaim each acre of land that it mines for other purposes and replace wetlands. By the end of 2008, 69% of the 184,681 acres mined since 1975 had been reclaimed, according to the Florida Department of Environmental Protection.
Mosaic says about 95% of the 30,000 acres it has reclaimed in the past decade have been converted to pasture land for more than 4,500 head of cattle.
Earlier this month, it also unveiled plans to build a 140-room luxury resort—with two 18-hole golf courses designed by Ben Crenshaw—on 16,000 acres of formerly mined land. The Polk County resort is scheduled to open in 2013.
The Environmental Protection Agency says the three-decade-old environmental-impact statement on phosphate mining in central Florida is outdated and that a comprehensive review will allow for better decision-making. The new study will take 18 months to complete, according to the Corps.
Federal regulators also decided to take a closer look after the Gulf Coast counties of Charlotte, Lee and Sarasota contested phosphate projects in state courts in recent years, arguing that further inland mining could threaten their shared drinking-water supply and harm coastal estuaries.
In late October, environmentalists reached a temporary truce with Mosaic, allowing it to mine an initial 200 acres at the contested site in return for avoiding some wetlands. The new acreage amounts to about four months of mining, postponing the immediate threat of big layoffs.
Despite the tough economy, some locals support the push for greater scrutiny and are skeptical that the industry has been doing enough to clean up after itself.
“I’m not a big supporter of the Sierra Club,” said Kenneth Jinwright, 58, a postal worker in Wauchula. “But if they can bring light to this, it’s probably a good thing.”
Write to Mike Esterl at [email protected]

3PR News: Streamsong, The Emperor’s New Clothes

Hold your nose and check out how Mosaic’s new “Streamsong” resort is being marketed….

http://www.streamsongresort.com/

Click here to read article in PDF format
Text format follows:
Welcome to a new kind of resort. Miles from what you might expect to find in Central Florida, Streamsong is the ideal destination for relaxation, restoration and, most of all, renewal. Here, the natural beauty of Florida sets the stage for escape amid pristine lakes and gentle streams. Streamsong’s guests are welcome to enjoy not only premium resort features like world-class golf and fine dining, but also enrichment programs centered on the arts, wellness, nature and more.

It’s the redefinition of resort. Explore the great outdoors, and also learn about the surrounding ecology. Pamper yourself with spa treatments, or find a new voice in a writing workshop. Far from your typical destination, Streamsong is a place to immerse yourself in any number of experiences, and come away enriched.

At Streamsong, outdoor opportunities abound, including two 18-hole golf courses, unparalleled Florida bass fishing, and hiking and biking on nature trails – to name just a few.

Guests can also take part in activities that elevate the mind and spirit. From wellness to culinary learning, and from gardening to fine arts, immersion programs will be offered in partnership with Florida’s best and brightest.

Whether enjoying fine dining, taking in an unfettered view of the stars from the rooftop garden or embarking on a nearby nature excursion, these unique offerings will make your stay at Streamsong an experience without equal.

Zolfo Springs ranch site yields a rare fossil find

http://www.heraldtribune.com/article/20101029/ARTICLE/10291043/2416/NEWS?p=all&tc=pgall

By Billy Cox
Published: Friday, October 29, 2010 at 1:00 a.m.
Last Modified: Thursday, October 28, 2010 at 11:04 p.m.

HARDEE COUNTY – Sarasota attorney Bill Harrison was walking his 700-acre ranch after a summer rain when something peculiar caught his eye. Erosion had sheared the face from a 6-foot sandy clay embankment overlooking a exposed a true mystery.

“When I saw that thing sticking out, I thought, ‘What in the world would Indians have been doing so deep down in those layers?’ It made me think maybe it was a piece of a big bull that had washed down the creek and bleached out.”
Harrison began digging around, and soon found another bone.
After he e-mailed photos to family members, friends and the University of Florida, his discovery in August was confirmed as the massive molar and scapula — part of the bony shoulder girdle — of a mammoth species believed to have died off 11,000 years ago.
For paleontologist Dr. Richard Hulbert, who has been recovering Florida fossils for 30 years, the find was a first.
“I’ve worked on mastodon digs and on much older sites,” said Hulbert, taking a break Wednesday afternoon beside a small stack of huge ribs embedded in the banks of the Peace River tributary meandering near Zolfo Springs in Hardee County. “And I’ve found mammoth bones here and there. But this is my first mammoth skeleton.”
A Columbian mammoth, to be exact, and among the last of the native North American elephants to go extinct.
Hulbert, collections manager of vertebrate paleontology with the Florida Museum of Natural History, visited the site in August, and Harrison agreed to donate the discovery to science.
Excavation began Oct. 18, after the water levels in Charlie Creek began to recede.
A descendant of the forest-dwelling Woolly Mammoth, the Columbian was a slightly larger prairie forager with longer legs. After having recovered 60 to 70 percent of the skeleton, Hulbert estimates this young adult stood 15 feet tall at the shoulders and weighed 3,000 to 4,000 pounds.
But its tusks are missing, as are parts of its pelvic bone, so its gender has yet to be determined.
With an assist from a backhoe and a front-end loader, two vanloads of material, including the skull, were hauled to Gainesville earlier this month. Bison, llama, and giant land tortoise fragments have also been recovered.
One femur was so big, it took up the entire scoop of a front-end loader.
“Oh, it’s been exciting,” says Harrison, a senior attorney with Williams Parker in Sarasota. “We’ve had all kinds of volunteers around here helping out. We’ve had an airline pilot, a school teacher from Jacksonville, a dentist and a Boy Scout. Some people really get hooked on this stuff.”
Hulbert says recruiting volunteers to help on digs is rarely a problem, but maintaining security on private property — and getting landowners to cooperate — can be dicey. Harrison’s donation, he says, marks only the second major Columbian skeleton recovered from Southwest Florida.
Hulbert points to the strata to illustrate the nature of luck in preservation. Had the elephant died a couple of feet in another direction, it would likely have decomposed quickly in a layer of powdered sand instead of in soil that allowed minerals to leach into and solidify its bones.
So far, this particular creature shows no sign of predation.
Climate change and encounters with early humans are believed to have contributed to the extinction of America’s indigenous pachyderms.
Recently, Hulbert analyzed a controversial piece of evidence suggestive of human-mammoth interaction and could find no sign of obvious fraud.
In 2009, a fossil collector named James Kennedy was cleaning off an ancient, 15-inch-long bone he recovered from a site in Vero Beach two years earlier when he discovered it had an etching of a mammoth on all fours, complete with curved tusks.
Smithsonian Institute paleontologists who examined the bone have also tentatively agreed that the etching, like the bone itself, is prehistoric.
“If it turns out to be what we think it is, it’s the oldest evidence of realistic art in North America,” Hulbert says.
The fossils recovered from Harrison’s property will be housed and studied at the Florida Museum of Natural History.

3PR Letter to Ledger: Mosaic’s Permit Was Deficient

To Editor
The Lakeland Ledger
October 21, 2010
Yeah, phosphate mining’s been part of Bartow’s life and culture for nearly a century – and it permanently destroyed your most precious resource: Kissengen Springs. So why should we stand by and watch that destruction to the lower Peace River and Charlotte Harbor Estuary?

If Mr. Ron Kelly “understands what he reads” then he would know that know that the reason there is a court injunction on Mosaic’s S. Ft. Meade Mine Extension is precisely because the Army Corps of Engineers’ Dredge and Fill (404) Permit was determined to be deficient in several areas by a federal court judge. If Mosaic’s permit was so perfect then why did the judge determine to grant a preliminary injunction stating: “Mosaic’s alternatives analysis, as well as the Corps verification of the same, was incomplete.” The injunction was ordered because the court understands that it is not in the public interest to destroy wetlands unnecessarily and that even if wetland restoration is successful (EPA says it is not) there is a time lag of a decade or more between mining and restoration.

It is ridiculous to direct his anger at Mr. Huber, the environmental plaintiff’s attorney based in Colorado. (Remember Mosaic’s headquarters are in Minneapolis, and their CEO is a Canadian). The lawsuit was filed locally by Sierra Club, represented in Polk, Sarasota, Manatee and Charlotte Counties; by 3PR based in Wauchula; and by Manasota-88 based in Manatee and Sarasota Counties. The destruction of wetlands in Hardee County will have its effect on freshwater flows to Charlotte Harbor 80 miles downstream which is the base of the coastal counties’ economy as well as a source of drinking water.

I have been involved in this lawsuit from its inception. Mosaic was offered a portion of the S. Ft. Meade Extension mine to continue operating. It was their choice to refuse it. The environmental plaintiffs offered to mediate before the preliminary injunction was ordered. Mosaic refused. When mediation negotiations finally began and an agreement to allow mining to begin was imminent Mosaic filed another motion in court derailing the process. Now Mr. Huber is preoccupied responding to Mosaic’s latest motion to stay – he is no longer available to negotiate a settlement.

Mr. Huber was correct: If Mosaic employees are laid off it’s due to the choices of the Mosaic management and legal team, and has nothing to do with him and the environmental plaintiffs.

According to the latest Rate of Reclamation Report, issued by the state, only 4% of the existing S. Fort Meade Mine has been reclaimed and released. When deep water drilling was shut down for spewing oil all over the Gulf of Mexico they kept their workers busy cleaning and upgrading equipment. Why can’t Mosaic do the same? Mosaic made around $300 million profit in the last financial quarter – yet they lay off workers while their insufficient permit is adjudicated. (Wake up, phosphate workers! Profits over People)

Mosaic’s Dredge and Fill permit was deficient according to a federal court. They have to answer to the public for that the same way you would if your building didn’t pass inspection.

Please visit our website for more information on phosphate mining’s effect on the aquifers of central Florida: www.protectpeaceriver.org

Dennis Mader
President 3PR (People for Protecting Peace River Inc)
Wauchula, FL

Read Ron Kelly’s letter below:

The Lakeland Ledger

Published: Wednesday, October 20, 2010 at 12:01 a.m.
Last Modified: Tuesday, October 19, 2010 at 11:48 p.m.
I’m writing to take issue with comments made by Eric Huber of the Sierra Club in the latest article about the club’s litigation to stop mining at Mosaic’s South Fort Meade mine.
Mr. Huber, the Sierra Club’s attorney, claims that it is Mosaic’s fault that the workers at South Fort Meade may lose their jobs. I find it ironic that a Sierra Club attorney from Colorado, who represents the organization whose lawsuit precipitated this entire situation, wants us to believe the Sierra Club is not responsible. Do he and his partners in San Francisco who initiated this lawsuit really believe the residents of Polk County are that gullible?
Polk County residents understand phosphate mining. It’s been a part of our lives and culture for more than a century. When we read articles about phosphate in the paper, we understand what we read.
It’s clear to us that this was a very thorough permitting process and that Mosaic went to great lengths to make sure the permit was protective of the environment. Apparently, the Sierra Club thinks it can point the finger at Mosaic and we’ll all go along with it. We’re smarter than that and we know they are responsible for the Polk County residents that are losing their jobs as a result of the lawsuit.
Mosaic has been a great supporter of so many organizations and good causes in Polk County and now they deserve our support. Mosaic employees are our friends and neighbors.
It appears that the Sierra Club is not happy with just putting some of them out of work, it also feels it necessary to attack their character. I, for one, cannot let that go unanswered.
RON KELLY
Bartow

3PR News: Sarasota County Preps for EIS scoping process….

Sarasota County’s assistant attorney, David Pearce, sent a lengthy memorandum to Water Resource Manager, Jack Merriam, outlining the legal parameters of the EIS (Environmental Impact Statement) recently undertaken by the Army Corps of Engineers. The following “connected actions” were excerpted from the memo. They describe the environmental impacts of phosphate mining and fertilizer manufacturing. The entire memo will soon be posted on the 3PR website www.protectpeaceriver.org

1. Connected Actions – Site Preparation
2. Connected Actions – Topsoil and Muck Removal, Storage, and Redistribution
3. Connected Actions – Severing Connection to Surficial Aquifer and Dewatering
4. Connected Actions – Uplands and Isolated Wetlands
5. Connected Actions – Operation of Beneficiation Plants
6. Connected Actions – Consumptive Use of Water
Connection Actions – Waste Water Discharge
8. Connected Actions – Waste Management
9. Connected Actions – Phosphogypsum Stacks

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