Cope, Charlotte A. April 22, Shawn Hamilton Director Northwest District Florida Department of Environmental Protection

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1 Cope, Charlotte A. From: Sent: To: Cc: Subject: Attachments: Importance: Etta Monday, April 22, :07 PM Hamilton, Shawn Harp, Charles; Templin, Dawn; Cope, Charlotte A.; Wallis Mahute East Milton C&D Disposal Facility Application Jack McNulty - Santa Rosa Commissioners Meeting Video Clip.wmv; Attachment Packet.pdf; Emai Review Memo.pdf High April 22, 2013 To: Cc: RE: Shawn Hamilton Director Northwest District Florida Department of Environmental Protection Charles Harp, Dawn Templin, Charlotte Cope, Wallis Mahute Santa Rosa County Board of County Commissioners East Milton C&D Disposal Facility I recommend you have the Florida Department of Environmental Protection (FDEP) Office of General Counsel review the proposed East Milton C&D Disposal Facility corporate structure before even considering the application your office received November 13, 2012 to verify the applicant name (operating authority) and the landowner. Attached Packet has some information noted by orange highlight and referenced below. In the attached file Emai Review Memo from the FDEP website it states in the memorandum dated April 8, 2013 to Dawn Templin from Charlotte Cope the following: "The Department verified the property owner of the facility is Bluewater Holdings SRC, Inc. according to the Santa Rosa County Property Appraiser s website". The FDEP should not rely on the Property Appraiser s website for the verification of the property ownership. Verification of the property ownership needs to be done by a title search of the Santa Rosa Clerk of Courts Official Records. In a quick search of the Santa Rosa Clerk of Courts Official Records electronic website search system there is a deed OR BK 2701 page 578 record date 2/16/2007 KWY Investments, LLC Grantor to Blue Water Holdings SRC, Inc Grantee; see deed in attachment packet. Items the Office of General Counsel should review to see if there is any connection to the East Milton C&D Disposal Facility corporate structure. 1. June 13, subject East Milton C&D Disposal Facility from Rushton Rice/Rush Rice CFO EcoSouth Services LLC to the ten Santa Rosa County Zoning Board Members, Angela Jones Santa Rosa County Attorney and Beckie Cato Santa Rosa County Planning Director clearly states EcoSouth Services LLC (formerly Blue Water Holding SRC), see in attachment packet. This sent to Santa Rosa County is indicative there are modifications of the operating authority and/or landowner not included in the chain of respective Florida Public Records websites. 2. Rice Advisory LLC webpage states the following: "In 2008 Claunch founded Bluewater Environmental (which later changed its name to EcoSouth Services, LLC), and successfully permitted a C&D/industrial landfill in the Florida Panhandle"; webpage print view in attachment packet. 3. Rice Advisory LLC Recent Projects webpape note the May 1, 2010 Bluewater Environmental Holdings $3,900,000 corporate acquisition of a C&D/ Industrial Landfill Santa Rosa County, Florida; webpage print view in attachment packet. 4. Rice Advisory LLC Current Opportunities webpage lists a permitted C&D Landfill Santa Rosa County, Florida; webpage print view in attachment packet. 1

2 Note the address, phone and address contact information on Rice Advisory LLC Current Opportunities webpage for the permitted C&D Landfill Santa Rosa County is the same address, phone and address in the above referenced June 13, subject East Milton C&D Disposal Facility from Rushton Rice/Rush Rice CFO EcoSouth Services LLC. (formerly Blue Water Holding SRC) to Santa Rosa County. 5. Alabama Secretary of State's Government Records Inquiry System website indicates corporate relationships between EcoSouth Services LLC, Bluewater Environmental Holdings LLC and Bluewater Holdings LLC, webpages print view in attachment packet. 6. Florida Department of State Division of Corporations inquiry for Blue Water Holdings, SRC, Inc. webpage print view in attachment packet. Given the information on the governmental websites, Rice Advisory LLC website and the June 13, from Rushton Rice subject East Milton C&D Disposal Facility I as a layperson would conclude the operating authority and landowner is not Bluewater Holdings SRC, Inc. It is essential for the FDEP to precisely document the corporate structure, the operating authority and landowner given the fact the FDEP does not require financial assurance for remediation and corrective action. Keeping track of the responsible party for closure, long-term care, groundwater monitoring, corrective action, emergencies and environmental remediation has been a issue at the FDEP due to the layers on layers of corporations in a corporate structure; classic example is the Joiner Fill Dirt LLC corporate structure. Jack McNulty at the February 11, 2013 Santa Rosa County Board of County Commissioners meeting stated there will be minor leakage, the Institute for Synthetic Liners predicts 1/10th gallon per day per acre, this amount of leakage would be undetectable in the groundwater monitoring and the liner will be 10 feet from groundwater level; video clip attached. Full Santa Rosa County Board of County Commissioners February 11, 2013 and February 14, 2013 discussion of issuance of permit for C&D Facility in East Milton to Bluewater Holdings SRC, Inc. that resulted in denial can be view at and Statement made by Jack McNulty indicates that the landfill leachate, possibly environmentally harmful substances will escape and enter the groundwater environment and will not be detected by the semi-annual groundwater monitoring. The location of this proposed landfill is on top of the Inland Sand and Gravel Aquifer located between the Yellow and Blackwater Rivers a regionally-significant source of drinking water; currently approximately 50% of Santa Rosa County residents depend on this Aquifer for safe and affordable source of water. Assuming no damages to the liner or improper installation, for a acre total future disposal area a 1/10th of a gallon per day per acre would equate to 4,080 gallons of leachate leakage per year under ideal circumstances that will not be detected by the semi-annual groundwater monitoring. East Milton Water System well located off Jeff Ates Rd is in-between the 1,000' and 1 mile area from the edge of the waste according to the East Milton C&D Facility Water Well Survey included in the Application for Permit Renewal the FDEP received November 13, The applicant will argue the East Milton Water System well is not in the direction of the groundwater flow. Groundwater modeling is not exact science because many variables come into play, recapture zones can be dynamic and groundwater flow can change directions. The prior issuance of the time limited permit to construct and operate a C&D Disposal Facility does not create a expectation that the time limited permit to construct and operate C&D Disposal Facility use will be allowed to continue indefinitely. It is time for the FDEP to step up to the plate and deny the permit to construct and operate East Milton C&D Disposal Facility to protect the health and safety of the residents and not risk burdening the taxpayers with more expense for private landfill remediation and closure. Henrietta "Etta" Lawlor Santa Rosa County Resident 2

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14 Cope, Charlotte A. From: Cope, Charlotte A. Sent: Monday, April 08, :58 PM To: Cc: Solid Waste Financial Coordinator; Martin, Lee; Templin, Dawn Subject: East Milton C&D Review Meme - Partial Response to the December 14, 2012 RAI Received March 28, 2013 Attachments: East Milton C&D Memo CAC Partial Response Review.pdf Sent via to: I have attached a copy of the review memo for the submittal received March 28, 2013 (Oculus link below). Please provide a complete response to the December 14, 2012 RAI letter (Oculus link below) by April 22, December 14 RAI Letter: mitting_authorization] March 28, 2013 Submittal: mitting_authorization] mitting_authorization] If you have any questions, please let me know. Thank you, Charlotte A. Cope, P.E. Permitting Specialist Solid Waste Section Northwest District Office 160 W. Government Street, Suite 308 Pensacola, Florida (850)

15 Memorandum Florida Department of Environmental Protection To: From: Dawn Templin, P.E. Charlotte A Cope, E.I. Date: April 8, 2013 Subject: Determination of Complete Response to December 14, 2012 RAI Letter The submittal received on March 28, 2013 is not a complete response in accordance with the guidelines from Charles Goddard dated February 15, The following items requested where not included or not complete in the response. 1. Complete December 26, Complete March 28, Incomplete: The Engineering Report does not include an estimate of the planned active life of the facility in accordance with (2)(a)4., FAC. Please provide the estimate of planned active life of the facility or indicate when the estimate was previously submitted to the Department. 4. Complete March 28, Incomplete: Closure and Long-Term Care cost estimates were not provided. Please provide an estimate of closure and long-term care costs which meet the requirements of Rule , F.A.C. 6. Incomplete: Once closing and long-term care cost estimates are approved, proof of financial assurance for this facility in the name of the permit applicant must be provided and in place at least 60 days prior to the initial receipt of waste, in accordance with Rule (2)(b), F.A.C. No solid waste shall be stored or disposed of until the permittee has received written approval of the financial assurance mechanism from the Department, in accordance with Rule (2)(c), F.A.C. Documentation from the Tallahassee Solid Waste Financial Coordinator will be used to determine if financial assurance instruments required by Rule have been submitted and approved. Submittals for this item shall be sent to: Florida Department of Environmental Protection Financial Coordinator-Solid Waste Section Bob Martinez Building, MS Blair Stone Road Tallahassee, Florida Contact Susan F. Eldredge, DEP Solid Waste Financial Assurance, at (850) or susan.f.eldredge@dep.state.fl.us for further assistance with this item. 7. For request for additional information (RAI) responses regarding this permit application, two hardcopy sets are required. Each document must be signed, sealed and dated by the appropriate professional as required by Rule (5)(a), F.A.C. The Department requests that one unlocked complete electronic copy also be provided.

16 East Milton C&D Page 2 of 2 Please be advised the Department has received public comments concerning the permit application. These comments are available in Oculus The comments received to date have been reviewed; please include responses to the following items related to the review of these comments: 8. There appears to be a typographical error on the application. The applicant s name is misspelled, please revise application to ensure the name matches exactly the corporate name as shown on the Florida Division of Corporations website: Blue Water Holdings, SRC, Inc. 9. The comment received on March 6, 2013 from Etta Lawlor includes a copy of an from Rushton Rice, CFO, EcoSouth Services, LLC (formerly Blue Water Holdings SRC, Inc.) to the Santa Rosa County Zoning Board. The Department has verified Bluewater Holdings SRC, Inc. is an active corporation with the Division of Corporations Sunbiz website, The Department verified the property owner of the facility is Bluewater Holdings SRC, Inc. according to the Santa Rosa County Property Appraiser s website, for Parcel 27-2N Please provide confirmation that there are no modifications to these records that are not available on the respective websites. 10. There appears to be a typographical error in the Engineering Report. Section 8.0 includes a statement There are no potable wells within 21,000 feet of these facility The potable well survey, Attachment 2, indicates there are no wells within 1,000 feet of the disposal area. Please revise the Engineering Report as appropriate.