Tag: USACE

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RELEASE: ORK secures reevaluation of Megasite permits

by Ogeechee Riverkeeper August 24, 2024

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

Blog Post, Press Releases , , ,

RELEASE: ORK files Letter of Intent to sue USACE

by Ogeechee Riverkeeper June 3, 2024

FOR IMMEDIATE RELEASE
06/03/2024
Contact: Meaghan Walsh Gerard
Communications and Administrative Director
meaghan@ogeecheeriverkeeper.org

ORK FILES LETTER OF INTENT TO SUE U.S. ARMY CORPS OF ENGINEERS
Letter cites insufficient diligence in Megasite permitting 

Ogeechee Riverkeeper (ORK), dedicated to the protection and preservation of the water resources of the Ogeechee Basin, filed a letter of intent to sue the U.S. Army Corps of Engineers (USACE) and others for not completing required steps and overlooking  water supply concerns during the permitting process of the Hyundai Megasite.

Previously called the Bryan County Megasite, the 2541-acre site is located near Ellabell in Bryan County, Georgia. The site sits on the edge of Black Creek, which flows directly into the Ogeechee River. Prior to its development, the area was home to a variety of aquatic and terrestrial habitats including ~625 acres of forested and scrub-shrub wetland, as well as streams.

The Clean Water Act requires USACE to collect pertinent information and analyze permit requests that impact or disturb “Waters of the U.S.”, which includes wetlands. ORK investigated official documents and found that despite major updates and changes to Megasite permit requests between 2019 and 2022, USACE did not reconsider these additional substantial impacts.

USACE is also responsible for considering the impacts of aquifer water withdrawals resulting from the applied-for action. Documents show that the agency accepted vague or nonexistent information regarding expected water usage, rather than insisting on specifics or conducting its own analysis. The application stated that the amount of water needed was “unknown,” yet USACE determined, “it would be reasonable to assume that the Bryan County supply is adequate” and “ would not require water withdrawals or a permit from Georgia EPD.” 

“We found that the steps taken did not fully assess the available information, or did not consider it at all,” Ben Kirsch, ORK’s legal director said. “There was an assumption that existing water utilities could meet the demand, but it’s the job of USACE to challenge that assumption and require more of the applicant.”

Furthermore, ORK contends that the Megasite project piecemeal review prevented the full scope of impacts from being considered by agencies or the public. The resulting approach failed the basic purpose of the National Environmental Policy Act (NEPA), and calls the entire process and approval into question.

“One of ORK’s directives is to be a watchdog for water resources and make sure permitting processes are done correctly, ” Damon Mullis, riverkeeper and executive director said. “When we find out that permit applicants withhold important information in an application and the permitting agency hasn’t done their due diligence, we will call them out and use the law to hold them accountable.”  

ORK also names the Department of the Treasury in the letter, as it disbursed millions of dollars in infrastructure funding without adhering to the NEPA requirements. 

Ogeechee Riverkeeper seeks the immediate halt in construction or development activity connected to the improperly issued permit until resolved. ORK also insists federal funding be frozen until the required environmental analyses are completed. Finally, ORK seeks the restoration of any and all environmental damage resulting from the improper approvals.

A copy of the letter of intent to sue and other related documents are 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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