Note: The correspondence below was sent on July 20, the day after city officials met in Tallahassee at the Florida Unified Command Center to discuss the City of Apalachicola’s Oil spill protection strategy.
VIA FACSIMILE
(850) 413-9848
July 20, 2010
Emergency Operations Center
State of Florida
Department of Environmental Protection
BP/Florida Unified Command Center
2555 Shumard Oaks
Tallahassee, FL 32399
RE: City of Apalachicola BP Oil Protection
Dear Secretary Sole, Deputy Florida Incident Commander (BP) Mary Shaffer – Malicki and Deputy Florida Incident Commander (USCG) Joseph Boudrow:
This will serve to confirm your responses and decisions in our meeting with you yesterday as the Florida Incident Command decisions regarding the request of the City of Apalachicola for approval and funding of the City’s proposal to further plan and operate its own protection strategy for the waters and shores of Apalachicola against the BP oil spill:
1. You advised that there was as yet no presence of BP Deep Water Horizon oil spill products (sheen, tar balls or otherwise) in the waters of and around Franklin County and that if any eventually arrived it was likely to only be in the form of tar balls – not oil sheen.
2. That you denied and challenged the accuracy of the aerial reconnaissance report that sighted oil sheen in the nearshore waters of Franklin County just off St. Vincent’s and Little St. George Islands, which report was from observations of Thursday, July 15, 2010, with GPS location provided as of July 19, 2010 (see attached). Further, that you would have this checked out by your own aerial reconnaissance and report the findings back to the City.
3. That much of the containment or deflection boom presently put out in Apalachicola Bay is not effective and poses a greater environmental risk than it serves as a protection or prevention to the oil products and that you are recommending removal of some of the boom from the waters of the Apalachicola bay area.
4. That the proposal and requests for funding to further plan and put in operation by the City of Apalachicola their own protection strategies against the BP oil spill are not approved by you with the provision that;
A. You will have a boom, skimmer, and collection plan specifically prepared for Apalachicola by the independent expert whose name was Mr. Raymond Butler of Mobile, Alabama, to protect the areas shown on Apalachicola’s first proposed plan map which plan will be prepared immediately for the review, recommendations and approval of the City and is to specify the exact conditions upon which the plan will be launched into operation and how and by what manpower and machines the operation will be conducted and maintained and the conditions upon which it will be terminated.
B. The material and equipment and manpower to put into operation the Apalachicola protection strategy shall be locally available and on hand so that the plan can be put into place and properly operated and maintained in an expedited timeframe agreed upon by the City, to protect against and prevent and collect and dispose of any BP oil products that encroach into the Apalachicola water areas shown on the attached map.
C. You (through BP) will fund and pay for the entire expenditure for the planning, mobilization operation, maintenance and removal of the protection devices and activities that are incorporated into or are a necessary part of the designed and approved Apalachicola protection plan.
D. Although nothing can be guaranteed, the plan will be designed and operated and maintained so that it provides the maximum protection available to prevent the BP oil products from entering into the boom enclosed areas of Apalachicola (i.e., into the waters and shores of Apalachicola) shown on the attached map.
3. That much of the containment or deflection boom presently put out in Apalachicola Bay is not effective and poses a greater environmental risk than it serves as a protection or prevention to the oil products and that you are recommending removal of some of the boom from the waters of the Apalachicola bay area.
4. That the proposal and requests for funding to further plan and put in operation by the City of Apalachicola their own protection strategies against the BP oil spill are not approved by you with the provision that;
A. You will have a boom, skimmer, and collection plan specifically prepared for Apalachicola by the independent expert whose name was Mr. Raymond Butler of Mobile, Alabama, to protect the areas shown on Apalachicola’s first proposed plan map which plan will be prepared immediately for the review, recommendations and approval of the City and is to specify the exact conditions upon which the plan will be launched into operation and how and by what manpower and machines the operation will be conducted and maintained and the conditions upon which it will be terminated.
B. The material and equipment and manpower to put into operation the Apalachicola protection strategy shall be locally available and on hand so that the plan can be put into place and properly operated and maintained in an expedited timeframe agreed upon by the City, to protect against and prevent and collect and dispose of any BP oil products that encroach into the Apalachicola water areas shown on the attached map.
C. You (through BP) will fund and pay for the entire expenditure for the planning, mobilization operation, maintenance and removal of the protection devices and activities that are incorporated into or are a necessary part of the designed and approved Apalachicola protection plan.
D. Although nothing can be guaranteed, the plan will be designed and operated and maintained so that it provides the maximum protection available to prevent the BP oil products from entering into the boom enclosed areas of Apalachicola (i.e., into the waters and shores of Apalachicola) shown on the attached map.
5. That you will provide, at your expense, the maximum protection available, given due consideration to minimization of environmental hazards in Apalachicola Bay, to prevent and protect against BP oil products, including sheen and tar balls from entering into Apalachicola Bay and the waters and shores of Apalachicola from the passes that connect Apalachicola Bay to the Gulf of Mexico.
6. That you will provide, at your expense, (and provide the information to the City of Apalachicola), aerial reconnaissance at least daily and more frequently as appropriate to locate and determine the nature and movement of BP oil products in and around Franklin County waters so as to enable deflection and collection efforts to be achieved. (Apalachicola would request to have the actual aerial reconnaissance report(s) giving the GPS location and description of any oil product sitings by aerial reconnaissance.)
7. In the event that an Apalachicola official would like to accompany the Fish and Wildlife plane in their overflight of the Franklin County area, they are invited to do so and a place will be provided on the aircraft for them without charge upon mutually agreed upon dates and times. (It is also requested by Apalachicola that this privilege be extended to vessels of the State and Coast Guard patrolling/inspecting Franklin County area waters.)
8. That the non-operational requests submitted by the City for advance funding to the City of Apalachicola, including the field treatment unit to be located at Battery Park point and personal protection plan equipment requests shall be evaluated and responded to by BP promptly for approval and funding.
9. That the decision by BP representative and the City of Apalachicola at the Apalachicola Information Session on July 13, 2010, regarding the $5,000 advance to be paid to Apalachicola businesses as a set-off against any claims or losses from the BP Deep Water Horizon oil spill is to be handled by those businesses making application locally to the Apalachicola BP Claims Office (operated by Worley Claims) for the advance or by applying on line at the discretion of the Apalachicola business owner which applications will be quickly processed to ensure prompt receipt of approved advances.
As the Mayor of Apalachicola, on behalf of our residents, businesses and visitors, thank you for allowing us to express to you in person the deep concern over and commitment of Apalachicola to prevent the encroachment of any BP oil product into Apalachicola waters and the waters of the Apalachicola Bay. Given the previous approaches to protection and prevention and the experiences with those strategies to the west of us, you can understand our efforts to protect our own backyard against these BP oil products. Since you have insisted upon providing this prevention protection yourself and declined to pay the BP monies to allow Apalachicola to help and protect itself, we will be counting on your assurances and carefully analyzing your performance of those assurances.
Sincerely,
Van W. Johnson, Sr., Mayor
The Historic City of Apalachicola
Attachments: As Stated
7. In the event that an Apalachicola official would like to accompany the Fish and Wildlife plane in their overflight of the Franklin County area, they are invited to do so and a place will be provided on the aircraft for them without charge upon mutually agreed upon dates and times. (It is also requested by Apalachicola that this privilege be extended to vessels of the State and Coast Guard patrolling/inspecting Franklin County area waters.)
8. That the non-operational requests submitted by the City for advance funding to the City of Apalachicola, including the field treatment unit to be located at Battery Park point and personal protection plan equipment requests shall be evaluated and responded to by BP promptly for approval and funding.
9. That the decision by BP representative and the City of Apalachicola at the Apalachicola Information Session on July 13, 2010, regarding the $5,000 advance to be paid to Apalachicola businesses as a set-off against any claims or losses from the BP Deep Water Horizon oil spill is to be handled by those businesses making application locally to the Apalachicola BP Claims Office (operated by Worley Claims) for the advance or by applying on line at the discretion of the Apalachicola business owner which applications will be quickly processed to ensure prompt receipt of approved advances.
As the Mayor of Apalachicola, on behalf of our residents, businesses and visitors, thank you for allowing us to express to you in person the deep concern over and commitment of Apalachicola to prevent the encroachment of any BP oil product into Apalachicola waters and the waters of the Apalachicola Bay. Given the previous approaches to protection and prevention and the experiences with those strategies to the west of us, you can understand our efforts to protect our own backyard against these BP oil products. Since you have insisted upon providing this prevention protection yourself and declined to pay the BP monies to allow Apalachicola to help and protect itself, we will be counting on your assurances and carefully analyzing your performance of those assurances.
Sincerely,
Van W. Johnson, Sr., Mayor
The Historic City of Apalachicola
Attachments: As Stated
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