Len Kreger
For the News-Leader
Len Kreger
"Truth is the first casualty” is an old quote generally used in relation to wars. But with the impact of social media and bias media reporting, it is also relevant to almost every important issue today.
I will be writing a monthly column providing objective information, and factually clarifying major Fernandina Beach issues. It is understood many of these issues will also impact the county and region. The upcoming topics will examine the RYAM bioethanol project proposal, city density and growth management, conservation initiatives, affordable housing including State Zoning Preemptions, beach renourishment, Port of Fernandina operations and local government processes which will be addressed within relevant topic areas.
My first focus is the RYAM Bioethanol Project, which leaves many wondering: where are we now?
On Nov. 14, 2023, RYAM submitted an application for an air permit to the Florida Department of Environment Protection to build a second-generation bioethanol plant at the existing mill. The public first learned of the project not through official announcements from RYAM or the city, but through the watchful monitoring of a private citizen. While some city staff were aware of the proposal, no formal notification was ever issued to the public.
A firestorm was ignited with significant citizen response opposing the project. This included large public meetings, letters to the media and comments at city commission meetings. RYAM hosted an open house and a city workshop with both sides participating.
There are basically two issues: First, the air permit, and second, more significantly, whether the project violates the city's Comprehensive Plan, policy 1.07.12 (Industrial Zoning), which states, "Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing or other uses generating potentially harmful environmental or nuisance impacts shall be prohibited."
The city commissioned a legal opinion from an outside attorney who definitively concluded, "state law requires the city to reject such a proposal and enforce its Comprehensive Plan and LDC."
RYAM has maintained that their process does not constitute chemical manufacturing or refining, making it legally challenging to oppose the project on those grounds.
The air permit was challenged by a citizen and an administrative hearing was granted. The stated goal of the challenge was to have the RYAM resubmit the permit using "preventative of significant deterioration," a more comprehensive permitting process designed to protect public health and welfare.
The administrative hearing was never held because the petitioners filed for voluntary dismissal of their case. The following day, the air permit was issued to RYAM. For those interested in reviewing the details of this case, the documentation can be found at the Florida Department of Administrative Hearings under case number 24-002071.
RYAM's next step will be to bring their project pre-application to the city Technical Review Committee. According to the Land Development Code (LDC), this project should be rejected because it is not a permissible use on the site. The new city manager, in consultation with staff, will make this decision.
RYAM can and likely will challenge this decision through one of the legal options available to them.
Len Kreger is a retired U.S. Marine with 24 years of service. He served six years on the Fernandina Beach Planning Advisory Board and served on the Sustainable Fernandina Committee and County Code Enforcement Board. He can be reached by email at lenkreger@yahoo.com.