March 2000

Friends of Three Rivers,
    On Thursday I spent three hours at DEP in Tallahassee discussing the
status of our attempts to preserve the Ichetucknee River area in its natural,
pristine state.  In discussions with the Ombudsman, Dave Bruderly and I
outlined all of the concerns raised to date:
    We have had only one formal hearing with DEP, just one year ago in
Branford on March 25.  We again requested another hearing to air all of the
concerns in public.
    We voiced our disapproval of secret negotiations between Anderson and
Struhs, with no attempt to involve the litigants SOS and Sierra, in addition
to the concerned group SICK.  We spoke of investigations by EPA and by law
enforcement officials.  Subsequently, we have made contact with the District
EPA official in Atlanta, who assures us that his lawyers are following the
case.  We will be in further contact with EPA.
    We spoke of mining regulations, which also fall under DEP, questioning if
the depth of mining will be regulated if the kiln is built.  Mining in the
Ichetucknee Trace is limited to 75 feet.  If mining occurs in the Suwannee
River Basin, will it be restricted to a certain depth?  We discussed that
sonic testing can determine the character of the limerock area to be mined
and may predict the effect of mining on all three Outstanding Florida
Waterways.  We reiterated that no study has been done of the area.  Anderson
allows $1 million for study, but we ask when and what will he study, and for
what purpose?
    Earlier, I had telephoned the agency concerned with Endangered Species to
discover if our two potential creatures, who might be endangered by changes
in the ambiance of the Ichetucknee air, water, light, and noise, appear in
any category on the Endangered Species List.  The blind crawfish nor the
snail are on any list, but both DEP and the agency involved in listing these
creatures encourage us to try to have them listed.  I recently discovered an
entire beach closed at the Virginia Chesapeake Bay Bridge/Tunnel, because it
is the habitat of an endangered beetle.
    We spoke of the 500 letters written to the Ombudsman and the effect they
had on DEP's process.  The Ombudsman assured us that he had mentioned
pertinent facts to officials, and we will be reporting to the press our
concern for lack of further response from DEP to the concerns of engineers
who find that Anderson's proposed kiln does not address certain emissions:
nitrates, mercury, and PM2.5.
    We expressed concern that Outstanding Florida Waters were not considered,
according to expert testimony by Jack Chisholm, litigating lawyer for DEP.
    We raised questions concerning engineering ethics in informing the public
and the responsibility of professional engineers to be honest in presenting
all of the facts accurately.  No specific studies of the particular area
where the kiln is sited have been done, and the cement kiln plan was prepared
using models rather than specific information.
    We discussed alternate sites for the kiln and what the responsibility of
DEP has to Anderson in helping them relocate.  Lafayette County and Hernando
County have expressed positive interest in desiring cement kilns.  Moving the
site and creating a clean industry could satisfy the problems at the
Ichetucknee site.
    Our concern about noise from the kiln is substantiated by the noise and
rattling near both the Florida Rock Kiln and the Brooksville kilns.  Light
and noise are not regulated, but the freedom from noise pollution is
specifically stated in the Florida Constitution as a right.  Technology to
create quiet kilns is available, witness stealth submarines and other stealth
equipment used in war.
    In the end, the Ombudsman, Dr. Benji Braumberg, stated that he is waiting
for the Recommended Order of Administrative Judge Sartin stating if the
mercury amounts must be considered, before he proceeds.  That decision is
expected at the end of March.  We will be demanding in the press an
explanation from the Ombudsman concerning the letters of protest written to
him and not addressed to our satisfaction.
    Considering that Joe Anderson purchased the kiln site only in January
2000, after he received adequate assurance that he would receive the
necessary DEP air permit, and considering that Joe Anderson told me
personally that he has looked into other sites, and considering that logic
dictates that locating heavy industry in a recreation area is illogical, I am
publishing Joe Anderson's address, telephone number, and e-mail address for
the public to write to him.  I suggest polite honesty in expressing to Joe
Anderson concern that a cement kiln will change the character of the
Ichetucknee Experience.  Demand that Joe Anderson consider your reason for
his moving his kiln to another site.
    Joe Anderson
    Anderson/Columbia
    P. O. Box 38
    Old Town, FL 32680
    352-542-7941
    cyagel@bellsouth.net

    JEB@JEB.org
    struhs_d@epic5.dep.state.fl.us

    Around DEP, it is common knowledge that Governor Bush wants Joe Anderson
to have a cement kiln, no matter what problems must be overcome.  I suggest
that concerned citizens write to Joe Anderson concerning their objections,
and copy the letter to JEB and David Struhs.  It never hurts to send a copy
of your letters to your local press.  JEB does not want a lawsuit from
Anderson, but he may expect one from SICK and others who protest that he is
not directing David Struhs to exercise his power to quash a cement kiln in an
area which will be a detriment to Outstanding Florida Waters and to a State
Park.
    I spoke with our lawyer Bill Ogle concerning further steps to litigate.
Ogle assures me that the Attorney General has taken a keen interest in the
Suwannee/American issue and that with his help, we will win the land use
issue in the Court of Appeals.
    The St. Pete Times and Tampa talk radio have called for interviews.  The
Ichetucknee Cement Kiln continues to be covered in the media.  With tubing
season returning, we will see more concern about the river.  We hope to
generate interest in a festival and/or float down the Ichetucknee soon.  We
are considering reissuing the T-shirts and bumper stickers.
    Please take time to write your concerns to Joe Anderson, copying them to
Governor Bush and to Secretary Struhs.
Virginia Seacrist
SICK, Chairperson