My Official Public Comments on the SGGE

My Official Public Comments on the SGGE (Southern Golden Gate Estates) "Restoration Project"

July 13, 2004

To:

dennis.r.duke@saj02.usace.army.mil;

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Jacksonville U.S. Army Corps of Engineers
Bradley A. Foster, PD-PF
701 San Marco Boulevard
Jacksonville, Florida 32207

and many others.

From and by: Julie Kay Smithson

213 Thorn Locust Lane

London, Ohio 43140

I expect this entire email, including all headers, to be made a part of the public record on this "Restoration Project". I also expect to be mailed a copy -- PROMPTLY -- of each and every current and future "Plan" that is in ANY WAY related to this land/resource/freedom theft.

Recommended reading for all that are concerned about this "Plan":

http://www.propertyrightsresearch.org/wildlndsprjctfrms.htm

http://www.propertyrightsresearch.org/articles/statement_from_governor_jeb

The Wildlands Project Press Page http://www.wildlandsproject.org/roomtoroam/press/

http://www.propertyrightsresearch.org/florcnts.htm

http://www.propertyrightsresearch.org/interior_department_praises_ever.htm

http://www.twp.org (The Wildlands Project "Official Site")

http://www.twp.org/action/cebadillas/index.html ("Cebadillas")

http://www.twp.org/action/maine/index.html ("Maine Wildlands Network")

http://www.twp.org/action/siwn/index.html ("Sky Islands Wildlands Network")

http://www.twp.org/action/ytoy/index.html ("Yellowstone to Yukon")

http://www.twp.org/site_contents/index.html

http://www.twp.org/vision/index.html ("Vision")

http://www.tws.org The Wilderness Society

www.propertyrightsresearch.org/all_in_the_name_of_environmental.htm

Each of you employed with taxpayer dollars knows that this is nothing more than a puzzle piece of The Wildlands Project in Florida, and each of you also knows that the intent is to depopulate from one-third to one-half of Florida, which conveniently recoups all natural resources and property from those that have worked hard for it and honorably and legally OWN it.

There is NO NEED to "protect" any wildlife by flooding, retaking, or otherwise stealing (please, no need to waste the phrase "willing sellers" on me) this vast amount of real estate. You are laconic about the costs, since you intend to keep drawing (leeching) from the taxpayer cash cow 'from here to eternity'. Human safety is not a factor in this "Plan" -- because you don't CARE about the safety or well-being of Jesse James Hardy, Tommy and Tara Hilton and others. You don't even care enough to follow the letter of the law, as mandated by the National Environmental Protection Act of 1969 (NEPA) and hold formal public hearings, at which you MUST record the attendees and you MUST answer their questions, rather than the "informal" "process" with which you seek to ILLEGALLY STEAL everything, including the public's LEGAL RIGHT to be HEARD, ANSWERED and RECORDED. I am told that you also FAIL to in any way provide this "Plan" to the blind in a Braille version. That is a slap in the fact to those that are not sighted.

In many cases your coercive tactics have paid off for you, and you've acquired -- through one means or another -- quite a lot of land and its resources. Displacing people seems to be something you 'feed on' and derive energy/pleasure from.

Worship of flora and fauna to the exclusion of humans -- and in your own documents calling for the "restoration" to "pre-European" and "pre-Columbian" settlement times -- is Deep Ecology. It is a religion, practiced ostensibly to elevate said flora and fauna to a false idol position and one from which the sacrifice of people is considered all right.

Those of you that are in any way connected to this massive waste of paper and ink that you've dubbed the "SGGE Restoration Project" know full well that no one can intelligently comment on this Medusa in a one- or two-month "public comment period". It certainly took all of you a lot longer than that to come up with this land and resource theft "Plan".

To that end, rather than comment on the specifics of your 700+ page "Plan", I shall reiterate what I have twice commented publicly already -- and what you are EXPECTED to ALSO include in the public record on this "Plan":

Either SCRAP this entire land theft "Plan" (my PREFERRED ALTERNATIVE, in your vernacular) or reduce it to a puny shadow of its current state: no more than ten percent of its current volume and intent.

Landowner and homeowner and business owner Jesse James Hardy, of Naples, is part of your target for the removal of all people from your "Plan". LEAVE HIM ALONE!

More plainly stated:

LEAVE JESSE HARDY ALONE!

This man and his family are NOT doing anything detrimental to ANY flora or fauna, "endangered" or otherwise. He -- and many of us, including yours truly -- knows just how all-encompassing the tentacles of this "Plan" actually are, and he has NO INTENTION of letting any of you take his home or his property.

What part of GO AWAY don't you understand?

Yes, I'm keenly aware of Governor Bush's intent to rewild the southern third/half of Florida -- all except the FLAGLER developments, that is.

The FLAGLER Developments are "allowed" to stay, because The FLAGLER Developments are to be the milkers of the cash cow that this huge area of stolen land/homes/resources is planned to become.

On May 23, 2003, Governor Bush made the following public:

Statement from Governor Jeb Bush Regarding Everglades Restoration

May 23, 2003

By Florida Governor Jeb Bush

[email protected]

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 it's 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 [email protected] 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 to clean up pollution in the Everglades. The legislation signed by Governor Bush today guarantees another $451 million 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.

If you would like to change your subscription or unsubscribe, please go to: http://www.myflorida.com/myflorida/subscribe.html

http://www.propertyrightsresearch.org/articles/statement_from_governor_jeb_bush.htm

This is a "pet project" -- which includes REMOVING ALL PEOPLE AND THEIR PROPERTY RIGHTS -- from which Florida's Governor apparently does not intend to be dissuaded. Read on:

Everglades restoration plan gets official start

(Note: While Terri Schiavo spent yesterday with no food and no water, Florida Governor Bush was 'officially' beginning The Wildlands Project in Florida. By whatever 'politically correct' name it is called at the moment, this is part of TWP -- which has been ongoing unofficially, for years, and only in the last week has 'gone public.' FL state senator Burt Saunders apparently has it on good authority that, no matter what the voters want, "There will be no problem in terms of funding [Everglades restoration] as far as the state Legislature is concerned." Still resisting eminent domain are the Miccosukee tribe of Indians and 67-year-old disabled veteran Jesse Hardy, who lives on 160 acres with his adopted 7-year-old son, Tommy. Gov. Bush 'doesn't like to' pursue eminent domain, but seems to think that Jesse Hardy will be pleased with being 'well-compensated' -- never mind that this is Jesse's home, that he lives on Naomi Street, a street he named after his mother, and that he's lived there almost as long as Governor Bush has been alive. This is the depopulation of a massive area of Florida by humans and private property, whether said humans/private property owners want it or not. Notice that the 'holdout' property owner is painted as being money-hungry and opportunistic, but that in the end, he still must move. See 'Additional recommended reading' below article for a letter from Governor Bush from earlier this year. It is not a 'nice' read. This 'restoration plan' reminds me of other illicit things that have come 'out of the closet' in recent decades of decay and decadence, disarray and dismal delving ever deeper into the decline of American freedom.)

October 17, 2003

By Eric Staats

[email protected]

Naples Daily News

Naples, Florida

http://naplesnews.com

To submit a Letter to the Editor: [email protected]

Gov. Jeb Bush donned a hard hat and grabbed a shovel Thursday at the edge of a canal in rural Collier County to break ground on the first construction project of the $8.4 billion Everglades restoration plan.

The project will tear out roads and fill in canals to restore natural water flows across 55,000 acres in Southern Golden Gate Estates, where developers once dreamed of building the world's largest subdivision between U.S. 41 East and Interstate 75.

Thursday's ceremonial start of work seemed as much about shoring up federal support for the larger Everglades restoration plan as it was about moving dirt.

Some in Congress expressed skepticism about the state's commitment to restoration after Bush signed a bill earlier this year that delays the deadline for sugar companies to clean up polluted runoff into the Everglades from sugar cane fields south of Lake Okeechobee.

"We're committed to the future of the Everglades, to honoring our commitments and promises, to protecting the natural treasures of our state," Bush said.

"You know what, actions speak louder than words, actions speak louder than words and results outlast rhetoric," he said. "Today's actions and today's results are proof positive of Florida's commitment to restoring the River of Grass and the power of working together."

State Sen. Burt Saunders, R-Naples, among those sharing the dais with Bush, added his own assurances for good measure.

"There will be no problem in terms of funding (Everglades restoration) as far as the state Legislature is concerned," Saunders said.

So far, the state's money is the only money going toward the Southern Golden Gate Estates restoration project, which is estimated to cost $50 million.

The South Florida Water Management District is moving forward alone on a so-called "early start" in Southern Golden Gate Estates.

A team of state and federal engineers and scientists still is mired in the details of the rest of the restoration. The plan is to ask Congress to authorize the project next year.

"We've accelerated this in anticipation of the federal government catching up," Bush said.

The "early start" phase will fill in seven miles of the Prairie Canal on the eastern edge of Southern Golden Gate and tear out 25 miles of roads. Work could be done by October 2005.

"I hope we might see more of this kind of progress in the future," said Florida Department of Environmental Protection Secretary David Struhs, who also wielded his own shovel.

During the ceremony, South Florida Water Management District Director Henry Dean credited Struhs with getting "personally involved" in pushing the early start six months ago. He called Struhs "the straw that stirred the drink."

Southern Golden Gate Estates restoration has been in the talking stages since the 1980s, and getting to Thursday's groundbreaking has been a fight all the way.

Almost 4,000 landowners in Southern Golden Gate Estates filed lawsuits in 1988 and 1992, claiming the state wasn't offering fair prices for their land and was violating their rights to use it.

A 1997 settlement required new appraisals and set the stage for a massive wave of successful eminent domain claims in Collier Circuit Court.

In 1997, the state owned 17,180 acres in the restoration area. Now, less than 2,000 acres remain in private hands. The state has bought 13,000 parcels since 1997, according to state figures.

The buyout, comprising 19,000 parcels, has cost $110 million, about $38 million of which came from the federal government.

Complaints persist to this day about the state's use of eminent domain in Southern Golden Gate Estates and about landowners getting raw deals from the government.

On Tuesday, though, Bush and the Cabinet approved an $880,000 deal with holdout property owner George Miller. Miller bought his 20-acre parcel in 1988 for $6,000.

Still holding out are the Miccosukee tribe of Indians and 67-year-old disabled veteran Jesse Hardy, who lives on 160 acres with his adopted 7-year-old son, Tommy.

Bush said Thursday that it looked as if negotiations with Hardy would not succeed and that the state would have to pursue eminent domain against him, something Bush said he doesn't like to do. He said Hardy would be "well-compensated."

As for the Miccosukees, negotiations are continuing, Struhs said Thursday.

Even Collier County was threatened with eminent domain when county commissioners refused to hand over miles of roads in the restoration area. Commissioners approved a roads deal last month.

Under the deal, the county gave up the roads in exchange for $1 million a year for up to 20 years for maintenance of the county's drainage system and a pledge that the state will find 640 acres for an ATV park for angry riders pushed out by the restoration.

Commissioner Frank Halas was the only county commissioner to attend the ceremony, which drew about 250 people, many of them employees of state and federal agencies connected to the restoration.

Many of them rode to the event in chartered buses through Fakahatchee Strand State Preserve. Bush arrived by helicopter, landing on a patch of pavement at the end of Stewart Boulevard.

The Water Enhancement and Restoration Council, a public-private group spearheaded by the region's largest developers, footed most of the bill for the event -- including a catered lunch of barbecue sandwiches, cole slaw, green beans and swamp cabbage -- contributing $5,000, said South Florida Water Management District spokesman Kurt Harclerode.

Restoration advocate Nancy Payton said the groundbreaking was worth celebrating after years of talking about it.

"I had hoped it would happen in my lifetime, but I didn't think it would happen so soon," said Payton, field representative for the Florida Wildlife Federation.

http://naplesnews.com/03/10/naples/e39080a.htm

Photos and map that accompany article:

Map:

Everglades Restoration Groundbreaking Source: Everglades Restoration Plan. Kori Rumore/Staff

http://naplesnews.com/03/10/graphics/17breakmap-sm.JPG

Full-size map:

Everglades Restoration Groundbreaking Source: Everglades Restoration Plan. Kori Rumore/Staff

http://naplesnews.com/03/10/graphics/17breakmap.JPG

Florida Gov. Jeb Bush answers questions from reporters after a groundbreaking ceremony for Everglades restoration at the intersection of Janes Scenic Drive and Prairie Canal in the Southern Golden Gate Estates area of Collier County on Thursday. At left is David Struhs, secretary of the Florida Department of Environmental Protection. David Ahntholz/Staff http://naplesnews.com/03/10/graphics/17break2.JPG

Mike Barry, from left, of the Florida Division of Forestry; Win Everham, a professor of environmental studies at Florida Gulf Coast University; and Melinda Schuman, a biologist with The Conservancy of Southwest Florida stand on a walkway over the Prairie Canal near Janes Scenic Drive on Thursday after a groundbreaking ceremony to mark the beginning of construction work on the $8 billion Everglades restoration project. Prairie Canal is the first canal to be filled in an effort to slow freshwater drainage as part of the restoration project in Southern Golden Gates Estates. David Ahntholz/Staff http://naplesnews.com/03/10/graphics/17break.JPG

Additional recommended reading:

http://www.propertyrightsresearch.org/wildlndsprjctfrms.htm

http://www.propertyrightsresearch.org/articles/statement_from_governor_jeb

The Wildlands Project Press Page http://www.wildlandsproject.org/roomtoroam/press/

http://www.propertyrightsresearch.org/florcnts.htm

http://www.propertyrightsresearch.org/interior_department_praises_ever.htm

http://www.twp.org (The Wildlands Project "Official Site")

http://www.twp.org/action/cebadillas/index.html ("Cebadillas")

http://www.twp.org/action/maine/index.html ("Maine Wildlands Network")

http://www.twp.org/action/siwn/index.html ("Sky Islands Wildlands Network")

http://www.twp.org/action/ytoy/index.html ("Yellowstone to Yukon")

http://www.twp.org/site_contents/index.html

http://www.twp.org/vision/index.html ("Vision")

http://www.tws.org The Wilderness Society

www.propertyrightsresearch.org/all_in_the_name_of_environmental.htm

www.propertyrightsresearch.org/wildlands_project_comes_to_hidal8.htm

http://www.propertyrightsresearch.org/articles5/everglades_restoration_plan_gets1.htm

Now, the third one's the "charm" (retch):

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

By Paul Flemming, The News-Press Tallahassee Bureau

The News-Press

Fort Myers, Florida

http://www.news-press.com

To submit a Letter to the Editor: [email protected]

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.

http://www.news-press.com/news/local_state/040430hardy.html

Statement from Governor Jeb Bush Regarding Everglades Restoration

May 23, 2003

By Florida Governor Jeb Bush

[email protected]

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.