State Agency Review Results/Next StepComments from reviewing agencies support Lee County's conclusions that the proposed amendments will have no adverse impacts on water quality, surface water flows, groundwater levels, transportation networks, residential developments, water tables, or any rare, unique, or endangered wildlife or habitat. This amendment doesn't approve any mining requests.
The State reviewing agencies included:
Following the Lee Board of County Commissioners' vote at the April 17 public hearing to transmit the proposed Lee Plan amendments to the State for review, comments were received from the various participating agencies in the State's review process (see above).
There were no objections to the proposed amendments from the State reviewing agencies.
The BoCC will consider adoption of the proposed amendments at a public hearing at 9:30 a.m. Wednesday, June 19, 2019 in the Commission Chambers.
Office of Intergovernmental Programs, Florida Department of Environmental Protection
The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on the review of the submitted amendment package, the Department found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction.
Florida Fish and Wildlife Conservation Commission
We have no comments, recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment.
South Florida Water Management District
The amendment package includes map and text amendments regarding the Future Limerock Mining Overlay and does not include any proposed mining activities. After an extensive review of the proposed revisions, the District has determined the changes do not appear to adversely impact the water resources within the District. The District has no comments on the proposed amendment package; however, the District offers the following technical guidance: The District acknowledges that future mining and development activity is not included in this comprehensive plan amendment. This review does not alleviate the need for District permits if future mining activities are proposed.
In order to broaden public understanding on the upcoming meeting on limerock mining and the proposed changes to the Lee County Comprehensive Plan, we have established these informational pages to provide you with the facts associated with these amendments.
Specifically, the proposed amendments remove an "economic necessity" component currently contained in the mining section of the Lee County Comprehensive Plan, which is contrary to a free-market economy. This "economic necessity" requirement is a non-traditional regulation that has been historically applied. The comp plan amendments being considered would eliminate the existing system, which triggers potential legal challenges and liability based on the market interference.
The removal of Map 14 has been the subject of many public discussions. A mining application's approval is not affected by Map 14's existence. Map 14 boundaries were always subject to change based on the comprehensive plan amendment process. Any mining application could be approved if the application is consistent with the Lee Plan. Chapter 12
of the county's Land Development Code establishes the true criteria for evaluation of a mining application. Chapter 12
provides a comprehensive and stringent set of regulations for mining that address compatibility of mines and the potential negative environmental impacts that could arrive from mining operations. All other mine-related requirements remain in effect to protect water quality, habitat and quality of life.
Please note that the proposed mining amendments do not impact currently pending mining cases
known as Troyer Brothers and Old Corkscrew Plantation.
For more information, view case documents:
Troyer DCI2016-00025 – Zoning Planned Development Case (pending)
Troyer CPA2016-00006 – Comprehensive Plan Amendment (pending)
Old Corkscrew Plantation DCI2011-00007 – Zoning Planned Development Case (Hearing Examiner recommended denial; date before the Board is not yet scheduled.)
How to stay informed
Lee County wants the public to be informed.
Bookmark this page, view
frequently asked questions, sign up for updates, newsletters, and participate in meetings to keep up-to-date on the status of these amendments.
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Limerock Mining Public Education Open House
Launch of Mining Amendment Site
Have more questions?
June 19, 2019 - Adoption Hearing at Board Zoning, 2120 Main Street, starting at 9:30 a.m.
Meetings that have occurred
April 17, 2019 - Transmittal Hearing at Board Zoning, 2120 Main Street, starting at 9:30 a.m.[Meeting Agenda Packet] [Meeting Video]
April 10, 2019 - Open House, 1500 Monroe Street, Fort Myers, 4 p.m. to 7 p.m. [Meeting Information]
March 13, 2019 - Executive Regulatory Oversite Committee - discussed land Development Code Amendments [Draft Minutes]
March 8, 2019 - Land Development Code Advisory Committee -discussed land Development Code Amendments
[Draft Minutes] [Audio Recording]
January 28, 2019 - Lee County Planning Agency - discussed Lee Plan Amendments
[Meeting Minutes] [Audio Recording Part 1] [Audio Recording Part 2]
December 17th, 2018 - Lee County Planning Agency - discussed Lee Plan Amendments
[Meeting Minutes] [Audio Recording]
This webpage is intended to provide the facts associated with these amendments. If any of your questions are not answered above, please send your question to firstname.lastname@example.org and include “Mining” in the subject line or call 239-533-8585 for additional information.
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