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Fight for Everglades land enters 6th
round
(Note: This article is definitely sympathetic to The Wildlands Project
and as such, does the facts surrounding Jesse Hardy and his home, no
favors. Rather, it makes him appear unreasonable and/or mercenary,
neither of which is true. So the reader may better understand the
"highest environmental priority", Gov. Bush's letter to
Floridians from June 23, 2003, immediately follows this article.)
April 30, 2004
For the fifth time, a final decision was delayed Thursday on the fate
of Jesse Hardy’s 160 acres in the Golden Gates Estates South
subdivision.
Governor Jeb Bush’s Cabinet deferred until its May 11 meeting a request by the Department of Environmental Protection to begin eminent domain proceedings against Hardy. Hardy’s land is the “hole in the donut” of 55,247 acres that is part of the second phase of the state’s Everglades restoration effort. The 68-year-old Hardy doesn’t want to sell or swap. He’s turned down offers of $4.5 million for his property, and a proposal to give him 160 acres in St. Lucie County as a trade. DEP officials did not have requested engineering studies completed Thursday. Bush and state Treasurer Tom Gallagher asked the agency to provide options at the Cabinet’s April 13 meeting. Bush had directed state negotiators at that meeting to pursue the possibility of Hardy staying on his property. Hardy and DEP officials are scheduled to meet next week to review plans that would avoid flooding and allow access to his Collier County land. In preliminary estimates earlier this month, DEP said building a dike to protect Hardy’s land from flooding would cost $5.8 million to build and $100,000 a year to maintain. Policy established in the Florida Forever land-acquisition program requires Cabinet approval to pursue eminent domain forfeiture against unwilling sellers of homestead property. DEP officials have said that offering Hardy anything other than a purchase of his property would call into question the 1,862 parcels purchased from other Golden Gate Estates South landowners. There were other Florida Forever purchases approved by the Cabinet Thursday: About 30 acres in Brevard County were approved for purchase around Turkey Creek as part of the ongoing coastal scrub ecosystem project. The state will pay half of the $440,000 purchase price to owner National Heritage Foundation. Brevard County [taxpayers] will pay the other half. More than 7,000 acres have already been purchased in the 56,689-acre project. DEP characterized the land as “one of the most endangered natural communities in North America.” It’s identified as important manatee habitat, as well as home to migrating songbirds. Also approved was an agreement with the Northwest Florida Water Management District and the Conservation Fund regarding 7,800 acres surrounding the lower Perdido River. In the deal, the state agreed to pay for half of the acquisitions of land owned by International Paper in the buffer project on offers negotiated by the Conservation Fund. As part of the agreement, the water district will purchase a 10-acre recreation site within the project boundaries to be managed by Escambia County.
Statement from Governor Jeb Bush
Regarding Everglades Restoration
May 23, 2003 By Florida Governor Jeb Bush The Everglades is an important Florida treasure and its restoration has been my highest environmental priority. In recent weeks there has been much written and said that does not convey the facts behind recent legislation and its potential impact on our current federal partnership. I hope the following will help clarify the policy, motivations and impact. Please do not hesitate to get back to me with any feedback or additional questions. On Tuesday, May 20, 2003, I signed into law a much-discussed bill that will further our efforts to restore the Everglades. Restoring the River of Grass involves both water flow and water quality. It also requires cooperation. The 1992 court-ordered settlement agreement and the Comprehensive Everglades Restoration Plan are central to our state-federal partnership to clean up this national treasure. The law I signed Tuesday strengthens the other crucial part of our efforts -- the 1994 Everglades Forever Act, which established Florida's commitment to restoring water quality. Under the Everglades Forever Act, all parties involved determined that cleaning up the Everglades meant reaching a 10 parts per billion (ppb) phosphorous standard in the water because the unique nature of the Everglades is that it can only tolerate very small amounts of phosphorus. To put that into perspective, 10 ppb is equal to 10 grains of sand in a bucket of a billion grains. Today, 90% of the 2.4 million acres of land and water that make up the Everglades are at or below this 10 ppb standard. By the December 2006 deadline, 95% of the Everglades 2.4 million, will be at or below 10 ppb standard. While the Everglades Forever Act of 1994 told us to clean up the water in the Everglades by 2006, it didn't tell us how. The Act told us to reduce phosphorus by 2006, but didn't tell us by how much. Instead, it required the Department of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD) to figure out and implement a plan by December 2003 that will achieve our goal. The bill I signed into law Tuesday answers these open questions and extends our commitment. We worked hard over the past several weeks to ensure that the bill that passed through the legislature had the stringent standards to continue our success, and it does. It allows DEP to adopt a strict 10 ppb standard, and the SFWMD to implement a Long-term Plan to accomplish the goal. It also adds another $450 million to pay for the effort, without raising taxes or increasing federal funding. The reality is that the new law actually defines the state's responsibilities more clearly, and acknowledges the fact that -- while a plan will be in place for reaching a 10 ppb standard across the entire Everglades by 2006 -- five percent of the water will not be at 10 ppb, but will achieve the "net improvement" standard set in place in 1994. Decades of buildup of run off from Lake Okeechobee has embedded phosphorous in the Everglades sediment, and that will take longer than the original deadline of 2006 to dilute. I remain fully committed to restoring the water quality of the Everglades at the earliest possible date, and to protecting the valuable partnership of state and federal government required to complete the restoration of this national treasure. This is a complicated issue, and there has been much misinformation about the legislation I signed Tuesday and the state's efforts to restore the Everglades. I hope the following helps clarify the facts on this important issue. Again, I invite you to contact me at jeb.bush@myflorida.com with any feedback or further questions. Thank you. Everglades: Myths vs. Facts MYTH: Proposed amendments to the Everglades Forever Act undermine the federal settlement agreement. FACT: Florida is meeting the obligations of the Settlement Agreement and will continue to do so. The Settlement Agreement applies to federal waters, which are Everglades National Park and the Loxahatchee Wildlife Refuge. It does not apply to state waters. The State of Florida is responsible for restoring water quality for the entire Everglades Protection area, and we are currently ahead of schedule in this regard. MYTH: The Everglades is completely polluted. FACT: Water in 90 percent of the Everglades is clean, meaning [that] it's already at 10 ppb. Since 1994, Florida has cut average concentrations of phosphorous entering the Everglades Protection Area from 170 ppb to numbers as low as 20 ppb. Today, water in 90 percent of the Everglades has phosphorus levels of no more than 10 ppb, and all federal waters within the marsh currently have less than 10 ppb. We reached this standard last year -- four years ahead of schedule. By December 31, 2006, 95 percent of the entire Everglades also will meet this goal. The remaining five percent will sporadically have phosphorus levels higher than the goal until the phosphorus buildup in the sediment can be cleansed through "green" technology. But the remaining five percent will meet the requirement that "net improvement" be achieved, as set forth in the 1994 Everglades Forever Act. MYTH: Florida has done nothing to clean up the Everglades. FACT: Hundreds of millions of dollars have been invested in the construction of 44,000 acres of man-made marshes that filter pollution from water entering the Everglades. These treatment marshes, along with improved farming practices, cut phosphorus by 60 percent over the last decade. By 2006, optimization of these "green" technologies will further reduce phosphorus levels. Keep in mind that Florida has the sole responsibility for restoring water quality, and we have demonstrated our commitment by investing $650 million [taxpayer dollars] to clean up pollution in the Everglades. The legislation signed by Governor Bush today guarantees another $451 million [taxpayer dollars] to get the job done -- without federal funding or raising taxes. The state-federal partnership deals with water quantity, and in this Florida too has demonstrated its commitment. Since 2000, we have provided an additional $711 million, including $200 million in this tough budget year, to fund our share of the state-federal plan to implement the Comprehensive Everglades Restoration Plan. MYTH: Proposed amendments to the Everglades Forever Act change or weaken the compliance deadline. FACT: The compliance deadline remains the same, December 31, 2006. The deadline requires that we meet the 10 ppb standard or show continued net improvement. The legislation signed today and the proposed amendments require a plan, an enforceable schedule, and the money to get the job done. Today, water in 90 percent of the Everglades has phosphorus levels of no more than 10 ppb, and by December 31, 2006, 95 percent of the entire Everglades will meet this goal. The remaining five percent will sporadically have phosphorus levels higher than the goal. This is the result of more than 30 years of phosphorus flowing freely into the Everglades from Lake Okeechobee that became imbedded in the sediment of the marsh. Scientifically it is impossible to bring this small amount of land to the 10 ppb level, but we will continue to reduce the levels by cleansing the water through "green" technology. This five percent will meet the requirement that "net improvement" be achieved, as set forth in the 1994 Everglades Forever Act. The bill Governor Bush signed today provides a clear path for continuing to lower the phosphorus levels in these areas. MYTH: We are weakening water quality standards. FACT: We are not weakening water quality standards and the Department of Environmental Protection proposed a science-based Phosphorus Water Quality Standard of 10 parts per billion (ppb). The Department is committed to adopting that stringent standard. MYTH: There is something Florida can do today or in the near future that will make the entire Everglades attain the 10 ppb by the statutory deadline. FACT: Florida is currently implementing the most environmentally sound, technically feasible technologies to attain the 10 ppb in the entire Everglades. But, a natural phenomenon known as "soil reflux," which is caused when phosphorus embedded in the soil from years of pollution is released into the water, will cause phosphorus levels to exceed 10 ppb for years, perhaps even decades. The State is exploring ways to accelerate this natural process. MYTH: The Florida Legislature is establishing the water quality standard. FACT: The 1994 Everglades Forever Act requires the Department of Environmental Protection to adopt a water quality standard by December 31, 2003. The Department is on schedule to adopt a rule by the statutory deadline. Copyright 2003 State of Florida If you would like to change your subscription or unsubscribe, please go to: http://www.myflorida.com/myflorida/subscribe.html |