June 25, 2003

South Florida Water Management District
Ft Myers Service Center
2301 McGregor Boulevard
Fort Myers, Florida 33901

Lee County County Administrator and
Board of County Commissioners
1500 Monroe Street
Ft Myers Florida

Citizen’s Complaint - Non-Compliance at Corkscrew Mine
Corkscrew Mining Ventures, Ltd.
ERP Permit No. 36-03663-P
 

Dear SFWMD and Lee County:

I have been retained to represent Richard Schmidt and Peggy Apgar'Schmidt with regard to existing violations at the Corkscrew Mine. My clients live on 200 acres located directly across Corkscrew Road from the above-referenced facility wish to report the following violations of the above-referenced Environmental Resource Permit (ERP) permit to the South Florida Water Management District. We have copied Lee County to seek your assistance in asking the WMD to enforce all existing permit conditions and applicable regulations, and have also filed a separate letter with the WMD seeking enforcement of permit conditions and District regulations pursuant to Florida Statutes Section 120.69 for the following alleged violations:

1. Failure to submit the following Monitoring Reports
1. No Monthly Water Level Monitoring in Dry Season  (approved Exhibit 11A),
2. No Bi-Monthly Water Level Monitoring in Wet Season (approved Exhibit 11A),
3. No 1^st Annual Report, 
4. No 2^nd Annual Report,
5. 3^rd Annual Report (not yet due?).

 - failure to submit one or more Reports required under Special Condition 15, which states:

- failure to submit one or more reports required under Exhibit 11A (attached to permit and referenced in Special Condition 15) and attached to the end of this complaint:

 - failure to submit one or more  required reports required in the following work schedule deadlines:

- failure to submit one or more Reports required under Special Condition 16:

2. In addition, evidence exists that the mining and blasting operation may have breached confining layers, in part because the water level in the pit is higher than surrounding canals and perimeter ditches on and off site. We have reason to believe the excavation or blasting has exceeded the surficial aquifer (e.g., the water table aquifer bounded by the lands surface) and has penetrated confining layers to aquifers under artesian pressure. This may have violated the following condition and requires additional reporting:

This mining activity may have caused or resulted in a surface excavation water level that is higher than the surrounding canal water levels and is discernable by visual observation. This appears to have also affected off-site wetlands on property owned by Richard and Peggy Apgar-Schmidt. We request remedial measures be implemented under Special Condition 13:

Pursuant to Special Condition 13 we request the following remedial measures and information be collected with the assistance of USGS field staff to determine with reasonable degree of scientific assurance whether the aquifer was breached:
 

1. bathymetric survey of excavated depths,
2. chloride isotope analysis of water quality and chloride origin,
3. other testing or assessment required to determine whether aquifer confining layers have been breached.

Please act on the existing violations as soon as possible.  We request copies, individual notice and the right to attend any meetings or enforcement actions and copies of any reports or other information generated by the WMD, the County or the Corkscrew mine or their consultants concerning these alleged violations.

Please advise us as to any action taken to investigate and enforce the provisions of the existing SFWMD permit conditions and other requirements at the Corkscrew Mine.

Sincerely yours,

Ralf Brookes, Esq.
Attorney for Richard Schmidt and Peggy Apgar'Schmidt
1217 E. Cape Coral Parkway #107
Cape Coral Florida 33904

(239) 910-5464
fax (239) 541-2774

Ralf@RalfBrookesAttorney.com

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