The Mosaic Co. said Oct. 27 that it has reached an agreement that would allow limited mining of the Hardee County Extension of its South Fort Meade, Florida phosphate rock mine. The agreement is with the Sierra Club and other environmental groups that brought a lawsuit in the U.S. District Court for the Middle District of Florida contesting the U.S. Army Corps of Engineers issuance of a federal wetlands permit for the Hardee County Extension, and follows a July 30, 2010, preliminary injunction by the court that temporarily prevents the company from relying on the permit (GM Aug. 9, 2010). Following the preliminary injunction, the company had indefinitely idled the South Fort Meade mine.
The agreement would allow mining to proceed on approximately 200 acres out of the 10,583-acre Hardee County Extension for an estimated four-month period. The mining permitted by the agreement is the same as the company was seeking in its request for relief to the court in a motion for limited stay of the preliminary injunction (GM Sept. 13, 2010). In connection with the settlement, the company agreed not to mine approximately 40 acres of the Hardee County Extension, including 14.3 acres of wetlands that will be preserved through a conservation easement.
The settlement agreement, which is subject to court approval, will be submitted to the federal district court in a joint motion for a limited stay of the preliminary injunction.
“The Hardee County Extension permit is the most extensive and environmentally protective phosphate mining permit in Florida’s history,” said Richard Mack, Mosaic executive vice president and general counsel. “We appreciate the plaintiffs’ willingness to identify a sensible compromise, which will allow our South Fort Meade mine employees to return to work while the litigation continues. As we move forward, we aim to continue a constructive dialogue with the environmental community to promote a better understanding of our respective interests.”
The company currently estimates that it will take about thirty days for the South Fort Meade mine to reopen and begin deliveries of phosphate rock to its phosphate concentrates plants.
The agreement, which was part of court-ordered mediation between Mosaic and the plaintiffs, was expected, according to some sources, who cited the high unemployment rate in Florida. That rate, 11.9 percent in September, is one of the highest in the country.