Another lawsuit filed against owners of Lake County pit accused of illegally mining for Wekiva Parkway project

LAKE COUNTY, Fla. — Yet another lawsuit has been filed against the owners of a Lake County pit, over illegal mining of dirt and sand being sold to FDOT subcontractors for the Wekiva Parkway project.

This time, the suit comes from the St. Johns River Water Management District against the owners of White Water Farms, seeking millions in damages.

The suit accuses White Water Farms of operating since last April without proper permits, asking the court to levy fines against the owners of $10,000 a day from April to July 2020, and $15,000 per day from July until the violations are fixed.  The fines would total over $4 million.

READ: Will DeSantis step in to stop unauthorized mining in Lake County?

9 Investigates first told you last spring about the unpermitted mining operation near Sorrento, providing fill dirt for FDOT subcontractors. Today, former state lawmaker and attorney for White Water Farms, David Simmons, argued in a Zoom court hearing, that Lake County should drop its suit against the pit owners, because digging has allegedly been put on hold until a permit application could be heard by County Commissioners next month.

“No injury is occurring.  No harm to the environment is occurring,” Simmons said.

But in the suit filed by the SJRWMD, attorneys argue that excavation and hauling has continued up until at least January 22, and that during a site inspection on January 26, staff observed excavators and front-end loaders actively moving dirt around the property.

READ: Court filing accuses owner of Lake County pit of breaking hauling agreement to dig, sell dirt

“There’s nothing stopping the defendant from doing its mining and hauling activities tomorrow, or next week, or whenever they wish at this point,” Lake County attorney David Langley said.

At least three state agencies have accused the pit owners of breaking the rules and potentially harming the environment, but Simmons argued the digging is actually helping a public project.

“The Wekiva Parkway; that’s a good public purpose, it has to be built, the sand is necessary, and it has to come from some place,” Simmons said.

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