RELEASE: ORK files appeal of well permits

FOR IMMEDIATE RELEASE
11/06/2024
Contact: Meaghan Walsh Gerard
Communications and Administrative Director
meaghan@ogeecheeriverkeeper.org

OGEECHEE RIVERKEEPER FILES APPEAL ON WELL PERMITS
EPD did not consider the ‘unreasonable adverse effects,’ appeal contends 

Ogeechee Riverkeeper (ORK) has filed an administrative appeal to Georgia Environmental Protection Division (EPD) regarding groundwater withdrawal permits for Bryan and Bulloch Counties, intended to supply the Hyundai Megasite and other users. ORK asserts that the EPD’s conclusions regarding these permits are incorrect, particularly regarding the impact on the Floridan Aquifer, the effectiveness of protective measures, and consideration of ‘unreasonable adverse effects.’ The appeal will require an administrative hearing. 

The appeal maintains ORK’s position that Floridan aquifer groundwater should be used for people, animals, and crops – not industry. It is not in the public interest to prioritize large scale industry over living beings, yet in early 2025, public utilities in the area will have to reduce their withdrawal of pristine groundwater water for drinking and human use. Even with this deadline on the horizon, EPD is approving a permit for massive industrial withdrawals. This groundwater is too precious to be used for industrial processes.

This appeal will show that these issued permits do not protect water resources for citizens and are in direct contradiction to the general welfare and public interest. With all of the potential impacts – acknowledged by the need for a well mitigation fund – and the enormous public concern, EPD still chose to issue groundwater permits with loose margins. The issued permit gives 25 years for the users to find an alternative source of water. ORK maintains a quarter of a century is too long, especially when water usage and aquifer impacts are already being felt. EPD also chose to give an unnecessarily long permit length – 10 years – before a renewal is required, but provided no reasoning why the permits deserve that length of time.

EPD has a mandate to not issue permits that would cause ‘unreasonable adverse effects;’ however ORK doesn’t agree with EPD’s standard of up to a 30-foot water drop as ‘reasonable.’ Additionally, EPD does not explain why that level is acceptable in the coastal region. Furthermore, EPD notes that it is likely the Savannah area will experience a further drop of 1-3 feet, and the Hilton Head area will experience a further drop of up to 6 inches in their cones of depression, exacerbating the ongoing issue of aquifer protection and saltwater intrusion. Yet, by issuing these permits, EPD considers this stated scenario to be ‘reasonable.’ 

The public interest and general welfare will be further harmed by EPD’s deprioritization of restoring Floridan Aquifer-surface water connections in favor of industrial use. Before the creation and persistence of the area’s cone of depression, aquifer pressure fed artesian wells, springs, and other surface water connections. Those naturally occurring connections have been lost due to industrial overutilization of groundwater. Reduction of withdrawals would reconnect these aquatic resources, restoring critical habitat for threatened, endangered, and other constrained species, and improving water quality. The decision to grant these permits is a step in the opposite direction.

Finally, ORK argues that EPD did not conduct a critical evaluation of the volume of water that was requested in these permits. The upper limit of 6.625 million gallons of aquifer water per day (MGD) requires a close analysis of the specific proposed usage. The Megasite alone is listed as a user of approximately 4 MGD but was not required to provide any estimate or justification of need. While every other entity reports its expected ‘unit loading,’ i.e. its rate of water usage for each type of water user, the Megasite section simply states “N/A.” In a groundwater-constrained region, EPD approved these permits without the ability to critically review the requested need or make any necessary reductions in permitted amounts.

The appeal shows that EPD issued these permits without proper consideration of ‘unreasonable adverse effects’ and made decisions contrary to the public welfare.  

About Ogeechee Riverkeeper: Ogeechee Riverkeeper 501(c)(3) works to protect, preserve, and improve the water quality of the Ogeechee River basin, which includes all of the streams flowing out to Ossabaw Sound and St. Catherine’s Sound. The Canoochee River is about 108 miles long and the Ogeechee River itself is approximately 245 miles long. The Ogeechee River system drains more than 5,500 square miles across 21 counties in Georgia. More at ogeecheeriverkeeper.org.

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PDF of press release
PDF of appeal filing

RELEASE: ORK secures reevaluation of Megasite permits

FOR IMMEDIATE RELEASE
08/24/2024
Contact: Meaghan Walsh Gerard
Communications and Administrative Director
meaghan@ogeecheeriverkeeper.org

ORK SECURES REEVALUATION OF MEGASITE PERMITS
USACE: Reevaluation of permit is “warranted”

Ogeechee Riverkeeper (ORK) received a letter from the U.S. Army Corps of Engineers (USACE) confirming that a “reevaluation of its permit decision regarding its effects determination for water supplies is warranted.” ORK made this assertion in its letter of intent (LOI) to sue. ORK filed the LOI with the assertion that USACE overlooked water supply concerns during the permitting process of the Hyundai Megasite in June of 2024. 

These reevaluation letters from the USACE confirms ORK’s assessment of the permit and supporting documents. It also confirms that the human and environmental impacts from supplying water to the Megasite were not considered in the initial permitting decision, primarily due to the lack of information provided by the Savannah Harbor-Interstate 16 Corridor Joint Development Authority (JDA) in their application.

The reevaluation decision requests that JDA provide the USACE with an impact assessment of the Megasite’s water supply wells. JDA will need to show that the wells won’t have impacts on the Floridan Aquifer, those who rely on it, and the aquatic resources and environment. The assessment will also include “any groundwater and surface water modelling/data that has been collected.” USACE will then assess that report and determine if the permit needs to be adjusted. Depending on the findings, JDA may also be required to compensate for any resulting impacts.

“These considerations should have been taken into account from day one,” says Damon Mullis, riverkeeper and executive director of ORK, “but we are encouraged to see that the USACE will finally review these issues in full. Once all of the data is on the table, we urge the Corps to independently and vigorously vet and verify this information in its reevaluation, and to be transparent with the public during this reevaluation process.” ORK will also continue to carefully monitor the Corps’ reevaluation process.

“We are proud of our small organization,” added Ben Kirsch, ORK’s legal director. “This action is a response to our watchdog efforts and continued advocacy. Without our efforts, those impacts and effects might not have ever been in front of or considered by the Army Corps of Engineers. Importantly, it puts future applicants on notice that both ORK and the Corps will make sure every step of every project is fully considered and protective of our water resources.”

The reevaluation letters from USACE, ORK’s letter of intent to sue, permit applications, and all documents and data are publicly available at ogeecheeriverkeeper.org/megasite.

About Ogeechee Riverkeeper: Ogeechee Riverkeeper 501(c)(3) works to protect, preserve, and improve the water quality of the Ogeechee River basin, which includes all of the streams flowing out to Ossabaw Sound and St. Catherine’s Sound. The Canoochee River is about 108 miles long and the Ogeechee River itself is approximately 245 miles long. The Ogeechee River system drains more than 5,500 square miles across 21 counties in Georgia. More at ogeecheeriverkeeper.org.

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23 AUG 2024_Corps Response to ORK re 9 Aug 24 meeting

23 AUG 2024_Reevaluation Letter to JDA

08.2024 – USACE reeval permit press release – PDF

Public Meeting Groundwater Applications for Megasite

Bulloch County has submitted an application to EPD for two Floridan aquifer wells sited in Bulloch County, asking for up to 3.125 million gallons a day (mgd) on an annual average. Bryan County has submitted an application to EPD for two Floridan aquifer wells sited in Bulloch County, asking for up to 3.500 mgd on an annual average. The cumulative total of 6.625 mgd on an annual average will be used to provide water to the Bryan County Mega-Site and associated development.

The draft groundwater withdrawal permits have been released for public comments on EPD websites at https://epd.georgia.gov/water-withdrawal-permitting and https://epd.georgia.gov/watershed-protection-branch-public-announcements.

In addition to the meeting, stakeholders may choose to send written comments to EPD. Written comments may be sent to EPDComments@dnr.ga.gov or mailed to Environmental Protection Division, Watershed Protection Branch, Suite 1470A East Tower, 2 Martin Luther King, Jr. Dr., Atlanta, GA 30334. The comment period closes on Tuesday, August 20. Please include the words “Groundwater Applications for Bryan County Mega-Site” in the subject line to help ensure that your comments will be forwarded to the correct staff.