FYI, issued today. Thanks.

Transcription

1 From: To: Subject: Date: Attachments: Amy Brennan Laura Donaldson; Michelle Hopkins; Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus FW: NOV - Mid Florida Mine CT# I will get the original to Whit and the copy to Ron in the U.S. Mail. Thursday, April 10, :33:31 PM NOV -- Palmer Resources LLC Final-signed.pdf FYI, issued today. Thanks. From: Amissa Smith Sent: Thursday, April 10, :33 PM To: Amy Brennan Subject: NOV - Mid Florida Mine CT# I will get the original to Whit and the copy to Ron in the U.S. Mail. ******************************************************* Amissa L. Smith Senior Legal Assistant Office of General Counsel 7601 US Highway 301 North Tampa, FL PHONE: Ext FAX: amissa.smith@swfwmd.state.fl.us

2 2379 Broad Street, Brooksville, Florida (352) or 1-SOQ (FL only) On the World Wide Web at WaterMatters.org An Equal Opportunity Employer Bartow Service Office 170 Century Boulevard Bartow, Florida (863) or (FL only) Sarasota Service Office 6750 Fruitville Road Sarasota, Florida (941) or (FL only) Tampa Service Office 7601 U.S. 301 North (Fort King Highway) Tampa, Florida (813) or (FL only) Carloa Boruff Chair, Manatee Michael A. Babb Vice Chair, Hillsborough Randall S. Mqprd Secretary, Pasco Jeffrey M. Adams Treasurer, Pinellas ToddPr Former Chair, Pinellas H. Paul Senft, Jr. Former Chair, Polk Bryan K. Beswick DeSoto, Hardee, Highlands 111omaa E. &ron Hernando, Marion David w. Dunbllr Hillsborough, Pinellas Wendy Glrlffln Hillsborough a-.ew.mann Polk Michael A. Moran Charlotte, Sarasota Yacant Citrus. Lake, Levy, Sumter Robert R. Beltran, P.E. Executive Director April10, 2014 Whit Palmer Palmer Resources, LLC P.O. Box 367 Ocala, Florida Subject: Dear Mr. Palmer: NOTICE OF VIOLATION Permit Condition Violation Mid Florida Mine MSSW No ERP Application ID No CT No Sections 10 and 12 I Township 13 South I Range 20 East Marion County I am contacting you concerning violations of state statutes and rules of the ("District") at the project referenced above. On February 11, 2013, the District received a complaint from neighboring property owners concerning adverse impacts to their property that were being caused by activities at the Mid Florida Mine ("Project") owned and operated by Palmer Resources, LLC ("Mine"). Specifically, the complaint alleged that a large earthen stockpile had been constructed on the Mine's property directly abutting the complainant's property boundary and that sediment from the stockpile was discharging into a wetland on the complainant's property. On February 12, 2013, the District conducted site visits to the Mine's property and observed a stockpile that is approximately 2,069 feet long by 92 feet tall running along and approximately 12 feet from the southern border of the Mine property. No sediment or erosion control measures were in place. The District also observed that construction of the stockpile diverted flow onto the adjacent property, causing adverse erosion and scouring impacts, and that sediment from the stockpile had discharged into a wetland on the complainant's property. According to the July 2013 report prepared by Geo-Tech, Inc. that was submitted to the District by

3 complainant, the discharge extended approximately 275 feet into the wetland and varied in depth from 4 to 32 inches. By letters dated March 21, 2013 and May 29, 2013, the District advised the Mine of the following concerns: The location/placement of the stockpile was within the required 1 00-foot setback around the perimeter of the mine; The location/placement of the stockpile was causing adverse impacts to the floodplain and historic basin storage, and had caused a discharge during the 1 00-year, 24-hour storm events; and Proper erosion/sediment control measures (referred to herein as Best Management Practices or "BMPs") were not in place to prevent erosion and transport/discharge of sediment into wetlands or any property other than the Project area, and that more than one off-site discharges that fail to meet water quality standards onto the complainant's property had occurred as a result. On June 5, 2013, District staff and Mine personnel met to discuss these concerns. On June 12, 2013, the Mine submitted an official written response to the District's letters. Numerous meetings and teleconferences have subsequently occurred between the Mine and District staff. The status of the compliance concerns are described below: a) Stockpile: The Mine has communicated to the District that removal and/or relocation of the stockpile is not feasible at this time. The Mine has proposed constructing a retaining wall and stabilizing/re-vegetating the stockpile as interim BMPs to prevent further erosion and transport/discharge of sediment. The District communicated to the Mine that such BMPs require a permit. Because the Mine had - and continues to have - an ERP modification application pending, the Mine and the District agreed that this proposal would be included in the Mine's response to the Request for Additional Information (''RAI") associated with the ERP modification application. The District communicated to the Mine that, at a minimum, cross-sectional details of the proposed retaining wall and drainage calculations should be submitted. On March 21, 2014, the Mine responded to the District's RAI. The Mine's answer to Question 28 indicates that a response regarding the proposed retaining wall would be submitted under separate cover; however, no such response has been submitted to date. Also, the revised plans reference a retaining waii/bmp on the property line adjacent to the complainant's property, but do not include any construction-level detail. b) Sediment Discharge on Complainant's Property: On November 21, 2013, the District, Mine, and complainant met at the District's Tampa Service office to discuss these matters in detail. At that meeting, it was communicated to the District that the Mine and complainant had agreed to allow complainant's contractor to remove the sediment within the wetland located on complainant's property. The Mine had agreed to reimburse complainant for these expenses as well as allow complainant's contractor to stage equipment on the Mine's property. The sediment would also be transported back onto the Mine's property. On

4 December 11, 2013, the District accompanied complainant's contractor and observed staking of the sediment deposition boundary. It is the District's understanding that the complainant is not willing to complete removal of the sediment unless and until an appropriate stockpile BMP is in place to prevent further discharges from occurring. As of the date of this letter, it does not appear that any further progress has been made with regard to removal of the sediment. As described above and as of the date of this letter, the Project remains in noncompliance, in violation of Sections (1 )(b), F.S., and the terms and conditions of the Permit. To bring the Project into compliance, within 30 days of the date of this letter the Mine must submit to the District specific information relative to how it proposes to resolve these violations, including a timeframe within which such proposal will be completed. Please refer to Questions 9-11 of the District's Clarification of Received Information letter dated April 4, 2014, enclosed herein, for the specific details requested by the District relative to this matter. Please be advised that if the Mine does not bring the Project into compliance in a timely manner, the District may consider taking further enforcement action that could include monetary penalties and the recovery by the District of its enforcement costs. If you have any questions concerning this matter, please contact me at the District's Tampa Service Office at (813) , extension 4658, or via at amy.brennan@watermatters.org. Amy ell Brennan, Esq. Senior Attorney 1lALJ_) cc: ecc: Ron Noble, Buchanan, Ingersoll & Rooney, PC Laura Donaldson Michelle Hopkins Jan Burke Dave Kramer Carolyn Pina Steven Lopes Cliff Ondercin AI Gagne Kim Dymond David Sauskojus Kate Zamboni

5 From: To: Cc: Subject: Date: Attachments: David Sauskojus Amy Brennan; Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond Kate Zamboni RE: NOV - Palmer Resources/Mid Florida Mine Thursday, April 10, :55:41 PM image001.png Looks real good! The only possible change I saw: twice in the second sentence of second paragraph. complainant s (singular) is used and doesn t seem to be consistent with owners (plural) in the first sentence of the second paragraph. Thank you for your work on this. David K. Sauskojus, M.S. Senior Environmental Scientist Environmental Resource Permit Bureau (800) or (813) , ext 4370 david.sauskojus@watermatters.org From: Amy Brennan Sent: Wednesday, April 09, :30 PM To: Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: NOV - Palmer Resources/Mid Florida Mine Importance: High Good afternoon everyone, Attached is the long-awaited draft NOV for Mid-Florida mine. Can you please review it and provide me with your questions/comments as soon as possible? I would very much appreciate it. Thanks for your patience as we worked this one out. Thank you! Amy Amy Wells Brennan, Esq. Senior Attorney 7601 US Highway 301 North Tampa, Florida (813) x Telephone

6 (813) Facsimile

7 From: To: Cc: Subject: Date: Attachments: Kim Dymond Cliff Ondercin; Albert A. Gagne; Steven Lopes; Amy Brennan Kate Zamboni; Jan Burke; Dave Kramer; Carolyn Pina; David Sauskojus RE: NOV - Palmer Resources/Mid Florida Mine Thursday, April 10, :51:46 AM NOV - Palmer Resources LLC -- KMD.doc image001.png Amy, I made one edit on the first page. Kim Dymond Senior Environmental Scientist Environmental Resource Permit Bureau 2379 Broad Street, Brooksville, FL (800) or (352) , ext 4353 Kim.Dymond@watermatters.org From: Cliff Ondercin Sent: Thursday, April 10, :32 AM To: Albert A. Gagne; Steven Lopes; Amy Brennan Cc: Kate Zamboni; Jan Burke; Dave Kramer; Carolyn Pina; Kim Dymond; David Sauskojus Subject: RE: NOV - Palmer Resources/Mid Florida Mine agreed Cliff J. Ondercin, P.W.S. Environmental Compliance Manager Environmental Resource Permit Bureau (800) or (941) ext Cliff.Ondercin@swfwmd.state.fl.us From: Albert A. Gagne Sent: Wednesday, April 09, :48 PM To: Steven Lopes; Amy Brennan Cc: Kate Zamboni; Jan Burke; Dave Kramer; Carolyn Pina; Cliff Ondercin; Kim Dymond; David Sauskojus Subject: RE: NOV - Palmer Resources/Mid Florida Mine Same here.

8 Albert A. Gagne Jr. Environmental Manager Environmental Resource Permit Bureau 7601 Highway 301 North Tampa, Florida (800) or , ext 4352 From: Steven Lopes Sent: Wednesday, April 09, :18 PM To: Amy Brennan Cc: Kate Zamboni; Jan Burke; Dave Kramer; Carolyn Pina; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Subject: RE: NOV - Palmer Resources/Mid Florida Mine Amy, No edits. Thanks, Steve Steven J. Lopes, P.E. Environmental Resource Permit Bureau Regulation Division (800) or (813) ext steven.lopes@watermatters.org From: Jan Burke Sent: Wednesday, April 09, :01 PM To: Amy Brennan; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: RE: NOV - Palmer Resources/Mid Florida Mine Amy, No edits. Thanks, Jan Jan R. Burke, P.E. ERP Compliance Manager Regulation Division 170 Century Boulevard Bartow, FL (800) or (863) ext Jan.Burke@swfwmd.state.fl.us

9 From: To: Cc: Subject: Date: Amy Brennan David Sauskojus; Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond Kate Zamboni RE: NOV - Palmer Resources/Mid Florida Mine Thursday, April 10, :57:10 AM Ha! Kate and I had the same conversation yesterday and we decided to go with complainant even though we say owners in the first sentence. But good catch! From: David Sauskojus Sent: Thursday, April 10, :53 AM To: Amy Brennan; Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond Cc: Kate Zamboni Subject: RE: NOV - Palmer Resources/Mid Florida Mine Great job! One comment: twice in second sentence in second paragraph "complainant's" (singular) is used yet the first sentence indicates there are "owners" (plural). Should it be changed to "complainants'" (plural)? Thank you for your work on this project. From: Amy Brennan Sent: Wednesday, April 09, :29 PM To: Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: NOV - Palmer Resources/Mid Florida Mine Good afternoon everyone, Attached is the long-awaited draft NOV for Mid-Florida mine. Can you please review it and provide me with your questions/comments as soon as possible? I would very much appreciate it. Thanks for your patience as we worked this one out. Thank you! Amy Amy Wells Brennan, Esq. Senior Attorney 7601 US Highway 301 North Tampa, Florida (813) x Telephone (813) Facsimile

10 From: To: Cc: Subject: Date: Dave Kramer Amy Brennan; Jan Burke; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Kate Zamboni RE: NOV - Palmer Resources/Mid Florida Mine Thursday, April 10, :51:08 AM Looks good. Sorry for the delay. Dave From: Amy Brennan Sent: Wednesday, April 09, :30 PM To: Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: NOV - Palmer Resources/Mid Florida Mine Importance: High Good afternoon everyone, Attached is the long-awaited draft NOV for Mid-Florida mine. Can you please review it and provide me with your questions/comments as soon as possible? I would very much appreciate it. Thanks for your patience as we worked this one out. Thank you! Amy Amy Wells Brennan, Esq. Senior Attorney 7601 US Highway 301 North Tampa, Florida (813) x Telephone (813) Facsimile

11 From: To: Cc: Subject: Date: Attachments: Carolyn Pina Steven Lopes; Amy Brennan Kate Zamboni; Jan Burke; Dave Kramer; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus RE: NOV - Palmer Resources/Mid Florida Mine Wednesday, April 09, :35:55 PM image001.png No edits either. Thanks Sincerely, Carolyn J. Pina Compliance Staff Engineer Environmental Resource Permit Bureau Phone: (352) , Extension 4327 From: Steven Lopes Sent: Wednesday, April 09, :18 PM To: Amy Brennan Cc: Kate Zamboni; Jan Burke; Dave Kramer; Carolyn Pina; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Subject: RE: NOV - Palmer Resources/Mid Florida Mine Amy, No edits. Thanks, Steve Steven J. Lopes, P.E. Environmental Resource Permit Bureau Regulation Division (800) or (813) ext steven.lopes@watermatters.org From: Jan Burke Sent: Wednesday, April 09, :01 PM To: Amy Brennan; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: RE: NOV - Palmer Resources/Mid Florida Mine Amy, No edits. Thanks, Jan Jan R. Burke, P.E. ERP Compliance Manager Regulation Division 170 Century Boulevard

12 Bartow, FL (800) or (863) ext From: Amy Brennan Sent: Wednesday, April 09, :30 PM To: Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: NOV - Palmer Resources/Mid Florida Mine Importance: High Good afternoon everyone, Attached is the long-awaited draft NOV for Mid-Florida mine. Can you please review it and provide me with your questions/comments as soon as possible? I would very much appreciate it. Thanks for your patience as we worked this one out. Thank you! Amy Amy Wells Brennan, Esq. Senior Attorney 7601 US Highway 301 North Tampa, Florida (813) x Telephone (813) Facsimile

13 April 9, 2014 Whit Palmer Palmer Resources, LLC P.O. Box 367 Ocala, Florida Subject: NOTICE OF VIOLATION Permit Condition Violation Mid Florida Mine MSSW No /.003 ERP Application ID No CT No Sections 10 and 12 / Township 13 South / Range 20 East Marion County Dear Mr. Palmer: I am contacting you concerning violations of state statutes and rules of the Southwest Florida Water Management District ( District ) at the project referenced above. On February 11, 2013, the District received a complaint from neighboring property owners concerning adverse impacts to their property that were being caused by activities at the Mid Florida Mine ( Project ) owned and operated by Palmer Resources, LLC ( Mine ). Specifically, the complaint alleged that a large earthen stockpile had been constructed on the Mine s property directly abutting the complainant s property boundary and that sediment from the stockpile was discharging into a wetland on the complainant s property. On February 12, 2013, the District conducted site visits to the Mine s property and observed a stockpile that is approximately 2,069 feet long by 92 feet tall running along and approximately 12 feet from the southern border of the Mine property. No sediment or erosion control measures were in place. The District also observed that construction of the stockpile diverted flow onto the adjacent property, causing adverse erosion and scouring impacts, and that sediment from the stockpile had discharged into a wetland on the complainant s property. The discharge extended approximately 200 feet into the wetland and varied in depth from between 1 and 3 feet. By letters dated March 21, 2013 and May 29, 2013, the District advised the Mine of the following concerns: The location/placement of the stockpile was within the required 100-foot setback around the perimeter of the mine; The location/placement of the stockpile was causing adverse impacts to the floodplain and historic basin storage, and had caused a discharge during the 100-year, 24-hour storm events; and Proper erosion/sediment control measures (referred to herein as Best Management Practices or BMPs ) were not in place to prevent erosion and

14 transport/discharge of sediment into wetlands or any property other than the Project area, and that more than one off-site discharges that fail to meet water quality standards onto the complainant s property had occurred as a result. On June 5, 2013, District staff and Mine personnel met to discuss these concerns. On June 12, 2013, the Mine submitted an official written response to the District s letters. Numerous meetings and teleconferences have subsequently occurred between the Mine and District staff. The status of the compliance concerns are described below: a) Stockpile: The Mine has communicated to the District that removal and/or relocation of the stockpile is not feasible at this time. The Mine has proposed constructing a retaining wall and stabilizing/re-vegetating the stockpile as interim BMPs to prevent further erosion and transport/discharge of sediment. The District communicated to the Mine that such BMPs require a permit. Because the Mine had and continues to have an ERP modification application pending, the Mine and the District agreed that this proposal would be included in the Mine s response to the Request for Additional Information ( RAI ) associated with the ERP modification application. The District communicated to the Mine that, at a minimum, cross-sectional details of the proposed retaining wall and drainage calculations should be submitted. On March 21, 2014, the Mine responded to the District s RAI. The Mine s answer to Question 28 indicates that a response regarding the proposed retaining wall would be submitted under separate cover; however, no such response has been submitted to date. Also, the revised plans reference a retaining wall/bmp on the property line adjacent to the complainant s property, but do not include any construction-level detail. b) Sediment Discharge on Complainant s Property: On November 21, 2013, the District, Mine, and complainant met at the District s Tampa Service office to discuss these matters in detail. At that meeting, it was communicated to the District that the Mine and complainant had agreed to allow complainant s contractor to remove the sediment within the wetland located on complainant s property. The Mine had agreed to reimburse complainant for these expenses as well as allow complainant s contractor to stage equipment on the Mine s property. The sediment would also be transported back onto the Mine s property. On December 11, 2013, the District accompanied complainant s contractor and observed staking of the sediment deposition boundary. It is the District s understanding that the complainant is not willing to complete removal of the sediment unless and until an appropriate stockpile BMP is in place to prevent further discharges from occurring. As of the date of this letter, it does not appear that any further progress has been made with regard to removal of the sediment. As described above and as of the date of this letter, the Project remains in noncompliance, in violation of Sections (1)(b), F.S., and the terms and conditions of the Permit.

15 To bring the Project into compliance, within 30 days of the date of this letter the Mine must submit to the District specific information relative to how it proposes to resolve these violations, including a timeframe within which such proposal will be completed. Please refer to Questions 9-11 of the District s Clarification of Received Information letter dated April 4, 2014, enclosed herein, for the specific details requested by the District relative to this matter. Please be advised that if the Mine does not bring the Project into compliance in a timely manner, the District may consider taking further enforcement action that could include monetary penalties and the recovery by the District of its enforcement costs. If you have any questions concerning this matter, please contact me at the District s Tampa Service Office at (813) , extension 4658, or via at amy.brennan@watermatters.org. Sincerely, Amy Wells Brennan, Esq. Senior Attorney cc: ecc: Ron Noble, Buchanan, Ingersoll & Rooney, PC Michelle Hopkins Jan Burke Dave Kramer Carolyn Pina Steven Lopes Cliff Ondercin Al Gagne Kim Dymond David Sauskojus Kate Zamboni

16 From: Amy Brennan Sent: Wednesday, April 09, :30 PM To: Jan Burke; Dave Kramer; Carolyn Pina; Steven Lopes; Cliff Ondercin; Albert A. Gagne; Kim Dymond; David Sauskojus Cc: Kate Zamboni Subject: NOV - Palmer Resources/Mid Florida Mine Importance: High Good afternoon everyone, Attached is the long-awaited draft NOV for Mid-Florida mine. Can you please review it and provide me with your questions/comments as soon as possible? I would very much appreciate it. Thanks for your patience as we worked this one out. Thank you! Amy Amy Wells Brennan, Esq. Senior Attorney 7601 US Highway 301 North Tampa, Florida (813) x Telephone (813) Facsimile

17 April 9, 2014 Whit Palmer Palmer Resources, LLC P.O. Box 367 Ocala, Florida Subject: NOTICE OF VIOLATION Permit Condition Violation Mid Florida Mine MSSW No /.003 ERP Application ID No CT No Sections 10 and 12 / Township 13 South / Range 20 East Marion County Dear Mr. Palmer: I am contacting you concerning violations of state statutes and rules of the Southwest Florida Water Management District ( District ) at the project referenced above. On February 11, 2013, the District received a complaint from neighboring property owners concerning adverse impacts to their property that were being caused by activities at the Mid Florida Mine ( Project ) owned and operated by Palmer Resources, LLC ( Mine ). Specifically, the complaint alleged that a large earthen stockpile had been constructed on the Mine s property directly abutting the complainant s property boundary and that sediment from the stockpile was discharging into a wetland on the complainant s property. On February 12, 2013, the District conducted site visits to the Mine s property and observed a stockpile that is approximately 2,069 feet long by 92 feet tall running along and approximately 12 feet from the southern border of the Mine property. No sediment or erosion control measures were in place. The District also observed that construction of the stockpile diverted flow onto the adjacent property, causing adverse erosion and scouring impacts, and that sediment from the stockpile had discharged into a wetland on the complainant s property. The discharge extended approximately 200 feet into the wetland and varied in depth from between 1 and 3 feet. By letters dated March 21, 2013 and May 29, 2013, the District advised the Mine of the following concerns: The location/placement of the stockpile was within the required 100-foot setback around the perimeter of the mine; The location/placement of the stockpile was causing adverse impacts to the floodplain and historic basin storage, and had caused a discharge during the 100-year, 24-hour storm events; and Proper erosion/sediment control measures (referred to herein as Best Management Practices or BMPs ) were not in place to prevent erosion and Comment [k1]: According to the July 2013 Geo-Tech survey report, the discharge extended 275 feet into the wetland and varied in depth from 4 to 32 inches.

18 transport/discharge of sediment into wetlands or any property other than the Project area, and that more than one off-site discharges that fail to meet water quality standards onto the complainant s property had occurred as a result. On June 5, 2013, District staff and Mine personnel met to discuss these concerns. On June 12, 2013, the Mine submitted an official written response to the District s letters. Numerous meetings and teleconferences have subsequently occurred between the Mine and District staff. The status of the compliance concerns are described below: a) Stockpile: The Mine has communicated to the District that removal and/or relocation of the stockpile is not feasible at this time. The Mine has proposed constructing a retaining wall and stabilizing/re-vegetating the stockpile as interim BMPs to prevent further erosion and transport/discharge of sediment. The District communicated to the Mine that such BMPs require a permit. Because the Mine had and continues to have an ERP modification application pending, the Mine and the District agreed that this proposal would be included in the Mine s response to the Request for Additional Information ( RAI ) associated with the ERP modification application. The District communicated to the Mine that, at a minimum, cross-sectional details of the proposed retaining wall and drainage calculations should be submitted. On March 21, 2014, the Mine responded to the District s RAI. The Mine s answer to Question 28 indicates that a response regarding the proposed retaining wall would be submitted under separate cover; however, no such response has been submitted to date. Also, the revised plans reference a retaining wall/bmp on the property line adjacent to the complainant s property, but do not include any construction-level detail. b) Sediment Discharge on Complainant s Property: On November 21, 2013, the District, Mine, and complainant met at the District s Tampa Service office to discuss these matters in detail. At that meeting, it was communicated to the District that the Mine and complainant had agreed to allow complainant s contractor to remove the sediment within the wetland located on complainant s property. The Mine had agreed to reimburse complainant for these expenses as well as allow complainant s contractor to stage equipment on the Mine s property. The sediment would also be transported back onto the Mine s property. On December 11, 2013, the District accompanied complainant s contractor and observed staking of the sediment deposition boundary. It is the District s understanding that the complainant is not willing to complete removal of the sediment unless and until an appropriate stockpile BMP is in place to prevent further discharges from occurring. As of the date of this letter, it does not appear that any further progress has been made with regard to removal of the sediment. As described above and as of the date of this letter, the Project remains in noncompliance, in violation of Sections (1)(b), F.S., and the terms and conditions of the Permit.

19 To bring the Project into compliance, within 30 days of the date of this letter the Mine must submit to the District specific information relative to how it proposes to resolve these violations, including a timeframe within which such proposal will be completed. Please refer to Questions 9-11 of the District s Clarification of Received Information letter dated April 4, 2014, enclosed herein, for the specific details requested by the District relative to this matter. Please be advised that if the Mine does not bring the Project into compliance in a timely manner, the District may consider taking further enforcement action that could include monetary penalties and the recovery by the District of its enforcement costs. If you have any questions concerning this matter, please contact me at the District s Tampa Service Office at (813) , extension 4658, or via at amy.brennan@watermatters.org. Sincerely, Amy Wells Brennan, Esq. Senior Attorney cc: ecc: Ron Noble, Buchanan, Ingersoll & Rooney, PC Michelle Hopkins Jan Burke Dave Kramer Carolyn Pina Steven Lopes Cliff Ondercin Al Gagne Kim Dymond David Sauskojus Kate Zamboni