New Bay Co. airport faces possible DEP fines

The Panama City-Bay County Airport Authority is facing possibly hundreds of thousands of dollars in fines for potential water quality violations caused by erosion at its new airport now under construction.

The proposed airport, being built on a portion of the 4,000 acres of land donated by The St. Joe Co., has been the focus of economic development hopes and environmental controversy for more than six years.

Critics said the airport isn't needed and will threaten the region's rich biological diversity. But Gov. Charlie Crist said in 2007 the airport will serve as a national model for "economic transformation and environmental preservation."

The Florida Department of Environmental Protection last month proposed a legal agreement that would require the Airport Authority to admit to 72 violations and pay $393,849 in civil penalties and settlement costs. The Airport Authority also would have to take steps during construction that are intended to prevent dirty water from flowing from the site.

"They assured us they were taking necessary steps to control those issues," said Shawn Hamilton, ombudsman in DEP's Pensacola district office. "We concluded those steps were not effective and it was time to take enforcement action."

Airport Authority Executive Director Randy Curtis could not be reached for comment today. The Airport Authority has provided two letters to DEP in response to the proposed fines and violations.

In a May 29 letter, Curtis wrote that the construction site received an unusual 21 inches of rainfall between March 17 and April 13, resulting in a presidential disaster declaration for the area for flooding. He also said the airport authority had hired an environmental consultant to assess damage and to work to avoid it in the future.

"As we discussed, the Airport Board takes very seriously its commitment to the environment and to making this airport a net environmental benefit to the state," Curtis wrote.

This week, the Clean Water Network of Florida said it will sue the airport construction contractor, Phoenix Construction Co. of Lynn Haven, under the Clean Water Act for alleged violations.

The Clean Water Network also said polluted stormwater runoff from the construction site was "ecologically devastating" to streams and springs downstream from the construction site as well as shellfish beds and marshes in West Bay. The environmental damage couldn't be verified with documents provided Thursday by DEP.

And the group blamed DEP for a "laid-back" approach to enforcement that had allowed problems to continue.

In response, Hamilton said the department took action when it received notice of the violations and now is proposing the consent order with fines.

James Finch, president of Phoenix Construction Co., said the Airport Authority hired a construction manager to supervise construction. "I don't know what (legal) standing the Clean Water Network would have with me," he said.

"Everybody has ruled against them (in previous legal challenges) and the airport is about 80 percent complete, so they have to do something," Finch said.

Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not redistribute without permission.

Wildlife agency advocates state land deal with commissioner

Florida wildlife officials are encouraging a state panel to recommend paying one of their bosses, state wildlife commissioner Ronald Bergeron, not to develop his land so that Florida panther habitat in Hendry County can be protected.

The state Acquisition and Restoration Council votes Friday to recommend a new state lands purchase list to the governor and Cabinet. A Florida Fish and Wildlife Commission (FWCC) representative today urged the council to add to the list 2,312 acres of the Green Glades Ranch owned by Bergeron.

FWCC Executive Director Ken Haddad or his designee also have been cleared to vote on the Acquisition and Restoration Council by a land acquisition attorney at the Florida Department of Environmental Protection. As one of seven members of the Florida Fish and Wildlife Conservation Commission, Bergeron is responsible for hiring and firing Haddad as the agency's executive director.

"We were being really careful that nothing about this was viewed as a conflict," said Nick Wiley, the agency's assistant executive director. "We followed all the procedures to make sure it was OK to go forward with what we were doing there."

Haddad was out of town this week and another FWCC official will take his place at the Acquisition and Restoration Council meeting, according to Wiley. Bergeron, an engineering contractor in Fort Lauderdale, did not return a telephone call seeking comment.

Florida law does not prohibit agency officials from voting on an item as long as they file a voting conflict form with the agency upon whose board they serve, DEP Assistant General Counsel Harold "Bud" Vielhauer wrote in an e-mail to the FWCC.

Florida Ethics Commission spokeswoman Kerrie Stillman confirmed that reading of state law. While state law prohibits local officials from voting when there is a conflict, state agency officials are not prohibited as long as the declare the conflict, Stillman said.

Bergeron, president and owner of Bergeron Family of Companies, is willing to consider a deal that allows him to own the property while the state purchases a "conservation easement," an agreement that pays the landowner not to develop the property.

Some Acquisition and Restoration Council members today questioned why the land was being considered for the purchase list when state officials had not inspected the property. DEP and state wildlife officials said an analysis of property surrounding the proposed Kissimmee Billy Strand project, with more than 2,300 acres in Hendry County, had identified Bergeron's Green Glades Ranch as a valuable addition.

Wildlife officials say the purchase would protect habitat for Florida panthers and many other wildlife species. The Bergeron property would also would connect the Panther Glades purchase project to the north with Big Cypress National Preserve to the south.

According to Wiley, Bergeron has said he does not want to pressure staff and he wants the agency to avoid the appearance of a conflict of interest. Wiley also noted that any future deal would be negotiated by DEP's Division of State Lands and would be approved by the governor and Cabinet as with many other state land purchases.

"Any citizen landowner should have the ability to engage in this process," Wiley said.

Story copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not redistribute without permission.

Controversy catches water bill sponsor by surprise

A Senate co-sponsor of a controversial environmental bill says he didn't know it was amended to include a provision that critics say would limit public input on permitting decisions by the state's five water management districts.

Environmental groups including Audubon of Florida, 1000 Friends of Florida and the Putnam County Environmental Council are calling on Gov. Charlie Crist to veto SB 2080. Crist raised concerns about the bill last month but he said Tuesday he hasn't decided whether to sign it.

Sen. Carey Baker, R-Mount Dora and a co-sponsor of the bill, said Wednesday he was not aware of a provision in the bill that allows water management district executive directors to approve permits without votes of the districts' governing boards unless the directors choose to deny the permit.

"I was quite surprised," Baker said. "When you look at the language in the bill it doesn't say all the things I'm telling you (the bill says). It's sort of technical language (you wouldn't understand) unless you had time to dig through it which we didn't have time to at the end of session."

Baker said the bill was sponsored primarily by Sen. J.D. Alexander, R-Winter Haven, and that Alexander allowed Baker to have his bill dealing with "Florida-Friendly Yards" to be amended to the bill, making Baker the co-sponsor.

Baker's original bill, supported by environmentalists, would prevent homeowners associations from restricting the use of Florida-Friendly yard practices that are designed to need less water and fertilizer.

On April 30, the next to last day of the regular session to vote on bills, the Senate approved an amendment (Barcode 256072) that included the provision directing water management district executive directors to make permitting decisions. Alexander could not be reached for comment on Wednesday.

The provision also was included in House bills 7137 and 7143, which won House approval but died in the Senate without being voted on. Rep. Trudi Williams, R-Fort Myers and sponsor of both bills, also couldn't be reached for comment.

Mike Slayton, deputy director of the St. Johns River Water Management District, said the amendment to SB 2080 also was explained by Alexander on the Senate floor before it was adopted.

"If you are going to say it was a sneak attack, it was the slowest, most obvious sneak attack one could make," Slayton said.

Environmental groups say the bill would limit public access to the approval process. And former state Rep. David Flagg of Gainesville, who serves on the board of the Suwannee River Water Management District, agrees.

"I'm not looking for a fight," Flagg said. "I'm not looking to be a non-team player with the governor or Sen. Alexander, whom I know. I just think this is a bad bill as it relates to the seriousness of water management and the importance water-management districts and their governing boards ... as we have more consumption and loss of water in Florida."

The Florida Home Builders Association is supporting SB 2080 because it would allow water-management district boards to focus their time on other issues involving their agencies. "This is not only good for the environment; it's also good for business," association spokeswoman Edie Ousley said in an e-mail.

Land buy to protect Naval air station approved

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Cooperation between the U.S. Department of Defense, Santa Rosa County and an environmental group helped the state buy 1,389 acres in the Florida Panhandle, purchase supporters said.

Gov. Charlie Crist and the Cabinet today voted to approve buying the land near the Navy's Whiting Field in Santa Rosa County from The Nature Conservancy for $5.1 million.

The purchase not only protects Big Coldwater Creek, a designated state canoe paddling trail, but Navy representatives said it also allows helicopter and other aircraft missions to continue at Whiting Field. The Nature Conservancy paid International Paper $6 million for the property in 2006 -- when land prices were higher.

"Without these partnerships, as I mentioned, we cannot continue our mission," said Tom Vincent, Whiting Field commanding officer. "This is a huge huge win for us."

After closing occurs prior to an Oct. 1 deadline, the property will become part of Blackwater River State Forest. The property includes nearly two miles of Big Coldwater Creek, a spring-fed tributary of Blackwater River.

The Navy could pitch in 25 percent of the purchase price, or $1,275,000 as part of an agreement with the state to buy land to protect military operations. Elsewhere in the U.S., development near military installations has led to complaints from neighbors about aircraft flights and artillery practice.

The Nature Conservancy says it works closely with the military to conserve land around bases. In the Florida Panhandle, an area that has been identified by scientists as a hotspot for biological diversity is located within the flight patterns of aircraft flying from Navy and Air Force installations.

The Department of Defense works with neighboring landowners to make sure the ecology of the military land remains viable for future generations, said Deborah Keller, senior policy representative for The Nature Conservancy's Florida chapter.

"The department has been an incredible partner to the environment, not just on the buffering but how they manage the land," Keller said.

The state purchase also will allow use of off-highway vehicles on 621 "disturbed" acres within the purchase area where planted pine trees have been harvested but were not replanted. The Division of Forestry will use $1.2 million collected in fees for state titles on off-highway vehicles to help pay for the purchase.

Crist signs invasive species bill

Gov. Crist hands pen to Ag Commissioner Charles Bronson after signing HB 255



Flanked by Agriculture Commissioner Charles Bronson and state Rep. Leonard Bembry, Gov. Charlie Crist this morning signed HB 255 to formalize Florida's participation with other states in battling invasive pests.

Farmers are struggling within the slumping economy while also battling species such as the tropical soda apple from South America, Bronson said. The plant's seeds, contained in an orange fruit, are distributed by livestock and wildlife.

"It becomes so invasive you can't grow a crop, you can't grow cattle, you can't do anything if it takes over," Bronson told reporters during a bill-signing ceremony in the Governor's Office.

Sponsored by Bembry, a Democrat from Greenville, HB 255 codifies Florida's participation in the Interstate Pest Control Compact, which consists of 37 states including Florida.

Florida paid $39,342 between 1995 and 2001 to participate in the compact and received $240,522 for noxious weed and tomato virus controls, according to a House staff analysis of HB 255.

Panel offers mixed views on Everglades land buy

EVERGLADES NATIONAL PARK -- Representatives of the Everglades Foundation and the Florida Park Service say a revised U.S. Sugar Corp. purchase proposal will help restore the "River of Grass." But an attorney representing the Miccosukee indian tribe says it will further delay restoration projects already under way.

They participated in a panel discussion before visiting journalists last Thursday as part of the Scripps Howard Institute on the Environment at Florida Atlantic University.

The South Florida Water Management District on May 13 approved a revised deal -- subject to financing -- to buy 73,000 acres from U.S. Sugar Corp. for $536 million. The purchase was scaled back from the original proposal -- announced a year ago by Gov. Charlie Crist -- to buy 187,000 acres for $1.34 billion.

The proposed U.S. Sugar purchase allows the use of existing technology to speed up Everglades restoration, said Thomas Van Lent, senior scientist for the Everglades Foundation.

"We can do it better, faster and cheaper than contemplated in the old plan," Van Lent said. "My perspective is, 'What's not to like about that?' It sounds like a very smart approach on the Everglades if you want restoration and want it as soon as possible."

But Nick Aumen, a National Park Service aquatic ecologist, said he had to give a "schizoid" answer to the question of whether he supports the purchase.

He said he has believed that "big change" was needed for restoration to be successful. But he also said the state already has begun cutting back on needed water quality monitoring to divert money towards the purchase.

"I don't think we'll have the stars line up possibly ever -- or at least for decades -- to do something this bold again," Aumen said. "On the other side, I see a real downside in that (deal) because of the cost."


Lehtinen, who as U.S. attorney sued the state in the 1980s over the quality of water flowing into Everglades National Park, said there's no plan for using the U.S. Sugar Corp. land. Meanwhile, the state is delaying or abandoning other needed restoration projects, he said.

"Nothing in this new plan conceivably gets out of the ground in 10 years -- 20 years minimum to get anything out of the ground," Lehtinen said. "And probably never because there is no money for it."

A South Florida Water Management District spokesman did not return calls from FloridaEnvironments.com seeking comment. The district declined to participate in the panel discussion because of a lawsuit filed by one of the panelists, presumably Lehtinen, panel organizers said.

Photo and text copyrighted by Bruce Ritchie and FloridaEnvironments.com. Do not redistribute without permission.

Group looks to bring drilling vote to ballot

By Michael Peltier
The News Service of Florida

With efforts stalled over whether to allow drilling off Florida’s Gulf Coast, the fight may go directly to Florida voters.

At least one group is attempting to craft and promote a constitutional amendment to not only allow but require the state to push for the discovery and recovery of oil in the Gulf of Mexico up to 125 miles from shore.

The group, Floridaoil.org, is taking its message of energy self-sufficiency to anyone who will listen.

“We need to start drilling and pumping our own oil,” said Don Baldauf, a home security business owner in Bradenton and founder of the group. “Regardless of how you feel about renewable energy, we’re still going to need it for other things beyond gas and fuel.”

The group is seeking legal help to craft one or more proposed amendments that would use state submerged lands laws to expand Florida waters out to 125 miles and require the state to issue permits to U.S. companies to drill for oil.

The group is far from getting on the ballot - Floridaoil.org is operating on a shoestring. Since opening its campaign account last fall, the group has raised $310 according to the most recent Division of Election figures.

But despite its diminutive size, the group has still gotten more than a little attention in its quest to write a proposal and secure nearly 700,000 signatures to get it on the ballot. Months after gas prices climbed over $4 a gallon and crude oil approached 4150 a barrel last summer, the call for increased domestic production intensified.

Oil discovered should be used domestically, backers contend. The group has also advocated requiring the state to permit at least one new refinery within the state.

”Our country has lost control of its destiny and it is time to take that control back,” said Baldauf, whose political resume includes an unsuccessful run for a Congressional seat last year as an unaffiliated candidate.

A proposal to lift a 20-year ban on drilling off Florida’s Gulf Coast popped up during the recently concluded session. A stealth amendment offered by Rep. Dean Cannon, R-Winter Park and introduced in a House committee took opponents by surprise.

The measure passed the House but died after Senate President Jeff Atwater refused to consider it, saying the issue needed a more deliberate vetting.

“The issue has great traction,” said David Mica, executive director of the Florida Petroleum Council, which represents the industry but is not involved with the Floridaoil.org amendment drive.

Mica has spoken to Baldauf and is familiar with the group’s efforts but has made no decision on whether to join forces.

“There is some merit to letting it go on its own,” Mica said. “That way, it’s not an industry-backed effort.”

For his part, Baldauf knows he faces long odds. Any proposal must pass Supreme Court muster and receive statewide support, a tall order before a February 1 deadline if it is to be included on the 2010 ballot.

“If nothing else, it makes for great theater,” Baldauf said.