"$64 million reservoir pumps approved to deliver overdue water boost" @Sunsentinel

By Andy Reid, Sun Sentinel

Building new $64 million pumps could finally get water flowing as once intended from a Palm Beach County reservoir plagued by controversy.

South Florida taxpayers already sunk $217 million into transforming old rock mines west of Royal Palm Beach into a reservoir intended to boost water supplies and help the environment.

http://articles.sun-sentinel.com/images/pixel.gifNow, the South Florida Water Management District has approved a deal to design and construct a pumping station that has been on hold since the L-8 Reservoir was finished in 2008.

Budget problems and changes to Everglades efforts contributed to shelving pump plans.

But now the reservoir plays a key role in revamped Everglades restoration plans and more money is pouring in to get the pumps built.

"It's a very, very significant construction project," said Joe Collins, board chairman for the South Florida Water Management District. "It's something that has been a long time coming."

Even with the long-delayed pump plans getting back on track, questions remain about whether the reservoir will ever deliver the expected water supply benefits.

"They are trying to bail out a bad decision," Drew Martin, of the Sierra Club, said about the new plans for the reservoir. "It was just a bad investment."

The 15 billion-gallon reservoir built at Palm Beach Aggregates was once intended to store water that would replenish the Loxahatchee River — which had natural water flows diminished by decades of draining in South Florida.

The reservoir was also meant to supplement community drinking water supplies and provide drought relief for West Palm Beach and other areas.

While the reservoir has helped West Palm Beach during droughts in 2007 and 2011, without the pumps it hasn't delivered the water expected for the Loxahatchee River.

Also, water quality problems blamed on the depth of the reservoir and stagnation from lack of pumps have dogged the project.

Now the state's new $880 million plan for improving Everglades water quality includes sending the bulk of that reservoir water south.

http://articles.sun-sentinel.com/images/pixel.gif

Help for the Loxahatchee River instead would eventually come from plans to store and treat water on Palm Beach County's Mecca Farms property, west of Palm Beach Gardens.

The planned pumping station would include six large pumps capable of drawing water from 40-feet deep. The reservoir's 15 billion gallon capacity is enough water to cover 34,000 football fields one foot deep, according to the water management district.

The district chose Archer Western Contractors, based in Atlanta, to design and build the pumps. Archer was the low bidder among two other competing firms. It's expected to take 2-1/2 years to build the pumping station, with construction expected to start in May.

Controversy has followed the reservoir project.

Palm Beach Aggregates ended up reimbursing the district for a $2.4 million secret "success fee" that federal prosecutors contend was paid to an engineering consultant who pushed the reservoir deal to water managers — without revealing his work as a consultant for Palm Beach Aggregates.

That fee and a Palm Beach Aggregates home development proposal factored into separate federal corruption investigations that led to the resignations and jail time for two Palm Beach County commissioners ousted by scandals.

"Flood control costs may be forced on rural Palm Beach County residents" @pbpost

Isaac Aftermath photo

Palm Beach Post Staff Writer
Residents of flooded western communities who for decades have refused to pay for public flood control projects may be forced to do so.
County Administrator Bob Weisman has asked the County Attorney to research the legality of a “mandatory assessment” to construct and maintain flood control projects in communities near the Acreage. In an email to County Commissioner Jess Santamaria on Wednesday, Weisman said the neighborhoods “have refused to to participate in an improvement project with Indian Trails Improvement district (ITID) even though they are part of ITID.”
“This means there is no government entity and apparently no property owners association to build and maintain drainage and road infrastructure,” Weisman said. “This means the property owners are also not paying any tax assessment for these benefits in these areas. There is no publicly owned road or drainage infrastructure.”
As of Wednesday, some yards were still flooded and mail service had not yet resumed since Tropic Storm Isaac’s record rainfall eight days ago. Some of the neighborhoods that do not participate suffered some of the heaviest flooding, including Deer Run and other areas near the L-8 Canal and Lion Country Safari.
The ITID provides drainage and road maintenance for participating neighborhoods within the district’s 110-square-mile footprint. However, participation is not mandatory.
Residents in participating neighborhoods pay an assessment based on the amount of land they own. The district in turn maintains canals, pump stations, flood gates, culverts, roads and pumps. The district releases and retains water depending on the weather.
In neighborhoods that do not participate, maintenance, including grading dirt roads, is left up to the residents. Many of the homes do not have swales to collect stormwater runoff.
“It raises the question of do we need an assessment without the approval of the residents and that is a radical thought,” Weisman said.
“If you are not part of an overall managed system, when excess rainfall events occur there is limited to no relief,” said Lisa Tropepe, ITID’s engineering consultant. “People that pay into the system, we manage to accommodate them through a series of canals, pump stations and flood gates.”
Residents of the Acreage have earned a reputation for being fiercely independent and devoted to maintaining a rural way of life. In 2010, some complained so loudly about bright streetlights that the county installed on a 1.5 mile stretch of road that the county switched to lower wattage bulbs.
“They like limited government,” said Michelle Damone, President of the ITID’s Board of Supervisors. “I feel for them but the district cannot legally spend our assessments to provide them drainage. It’s kind of like car insurance — you pay for it in case something happens.”
John McMillon, who lives on 206th Terrace North, a street not protected by ITID, said people don’t want to pay more taxes and many couldn’t if they were forced to pay.
“If we were forced to, a lot of us wouldn’t make it out here,” McMillon said.
Santamaria said residents approached him several years ago about joining the district. He supported their cause but in the end, residents narrowly voted against joining. As for the cost, Santamaria said the communities would likely be eligible for an advance from the county which residents could pay-back over 20 years with installments on their tax bills. Engineering studies would have to be performed before residents would know their estimated annual assessment.
“My hope is that this time, since the flooding has been worse, they will get more concerned,” Santamaria said. “I would rather not have to force anybody to do anything but sometimes it comes down to a life-or-death situation.”
During the worst of the flooding, there were “a lot of discussions” about which agencies should provide services to these neighborhoods, said Assistant County Administrator Vince Bonvento, who oversees the county’s public safety department.
“Obviously, because of the public safety element, we decided that we needed to provide assistance,” Bonvento said.
Also on Wednesday, Weisman sent an email to other top county officials and Tanya Quickel, the district’s administrator, with an update of flood relief efforts near the J.W. Corbett Wildlife Management Area. Water seeping from the Corbett and the risk of a breach in the berm that prevents water from flooding nearby neighborhoods have prompted the ITID and the South Florida Water Management Area to begin efforts to replace the berm with a new dam.

"Rising sea comes at a cost for South Florida cities" @MiamiHerald

A proposed $206 million overhaul of Miami Beach’s antiquated drainage system is just the first of many big-ticket bills South Florida faces.
   A Honda makes a big splash in South Beach at the MacArthur Causeway south exit onto Alton Road. Heavy rain caused flooding in South Beach and elsewhere in South Florida on April 12, 2010. Photo by Marsha Halper / Miami Herald Staff
A Honda makes a big splash in South Beach at the MacArthur Causeway south exit onto Alton Road. Heavy rain caused flooding in South Beach and elsewhere in South Florida on April 12, 2010. Photo by Marsha Halper / Miami Herald Staff
MARSHA HALPER / MIAMI HERALD STAFF

The Miami Herald
Posted Saturday 9.01.12
Climate change may be the subject of debate in some places but in South Florida it’s become a costly reality.

In Miami Beach, where prolonged flooding in low-lying neighborhoods has become the norm after heavy storms, city leaders are weighing a $206 million overhaul of an antiquated drainage system increasingly compromised by rising sea level.

The plan calls for more pumps, wells to store storm runoff, higher sea walls and “back-flow’’ preventers for drain pipes flowing into Biscayne Bay. Those devices are intended to stop the system from producing the reverse effect it often does now. During seasonal high tides, the salty bay regularly puddles up from sewer grates in dozens of spots, such as near the local westside bar Purdy Lounge. Extreme high tides — like one in October 2010 — can push in enough sea water to make streets impassable, including blocks of the prime artery of Alton Road.

“It’s the first time, as far as I know, that any community in South Florida and actually in the entire state of Florida is taking into account sea level rise as they plan their storm water infrastructure,” said Fred Beckmann, the city’s public works director, during a public hearing on the plan earlier this month.

It won’t be the last time.

South Florida counties and cities, as well as the South Florida Water Management District which oversees flood control for the region, all are beginning to draw up projects for keeping the coastline dry as sea level creeps up. The potential costs could be staggering.

The district alone has identified three flood control gates along coastal Northeast Miami-Dade — critical to draining storm water from Pembroke Pines and Miramar in southwestern Broward — in fast need of retrofitting with massive pumps. Rising seas threaten to reduce the capacity of a system that now depends on gravity, the storm water flowing downhill into the Atlantic. Cost estimates run $50 million or more for each pump alone and buying land for them could double or triple the bill. Nine other gates could need similar work down the road.

Fort Lauderdale, where high tides also push salt water up storm drains in the ritzy Las Olas Isles section, is also planning to install back-flow preventers, said Jennifer Jurado, director of Broward’s environmental protection and growth management department. Hallandale Beach already had to install pumps on storm-water injection wells, at about $10 million each, to combat increasing back-pressure, she said.

“The overall issues are so much greater, I think we’re easily looking at hundreds of millions of dollars,’’ she said. That’s just for the next 20 to 30 years, to handle a moderate three to seven inch rise.

A study last year by the Florida Atlantic University Center for Environmental Studies found that the projected rise over the next 70 to 100 years would require one city alone, Pompano Beach, to spend from $500 million to $1 billion to overhaul drainage and water supply systems, as well as coastal roads and facilities.

“If 50 years from now we’re looking at a foot and a half or two feet and rising, our region is going to be confronted with some very serious problems,’’ said Barry Heimlich, an FAU researcher who co-authored the study. “It’s going to cost hundreds of billions of dollars.’’

Lawmakers in some states have blithely dismissed the threats of global warming, most notably those in North Carolina, where state lawmakers earlier this year passed a law ordering that only historic trends, not projections, be considered in coastal planning.

In South Florida, political leaders and planners aren’t in denial. In 2009, Miami-Dade, Broward, Palm Beach and Monroe counties formed a climate change “compact’’ to work together to confront a problem South Florida will see sooner than just about anywhere.

A string of studies by insurers, environmental groups and government and university researchers have singled out Miami-Dade County at the top of the list of at-risk cities, with tens of billions of dollars of property that could be damaged by heightened storm surge or flooding.

Earlier this year, a report from Climate Central, an independent research and journalism organization, suggested Miami-Dade and Broward counties alone have more people vulnerable to flooding than any state except Florida and Louisiana. Other studies suggest some of the lowest-lying Florida Keys may be the first to be inundated.

The compact’s draft projection of sea level in Southeast Florida — based on local trends and global forecasts — calls for a rise of three to seven inches by 2030 and nine to 24 inches by 2060. From there, many scientists predict the trend could accelerate.

Miami Beach and other low-lying barrier islands are particularly vulnerable to drainage problems but those are spreading to the mainland, said FAU’s Heimlich. The FAU study found a sea level rise of about six inches could cut flood-control capacity by more than half — with higher tides bottling up canals and structures that now drain with gravity as runoff flows downhill to the coast.

“This is a problem that is not far away,’’ said Heimlich. “It is already being experienced and will get worse in the next few years.’’

Broward and Miami-Dade counties both are doing more detailed analysis of how existing drainage systems might have to be retro-fitted or expanded.

Doug Yoder, deputy director of the Miami-Dade Water and Sewer Department, said sea level rise will also push more salty and brackish water into surface drainage and sewer systems, adding to the costs and volume of treating runoff. Worsening salt water intrusion, which can shrink and taint the underground Biscayne Aquifer, the county’s main source of drinking water, will also require more expensive treatment systems in the future.

Potentially, Yoder said, the county could have to move sewage treatment plants like the aging facility on Virginia Key inland and build them at higher elevations. Monroe County is already planning to do that with a new fire station in Key West, adding several feet to the ground-floor elevation.

While there are a wide range of potential costs, including raising roads, Yoder said solving drainage was critical. Without it, he said, “you wonder how long people will continue to live in a place that floods routinely.’’

James Murley, executive director of the South Florida Regional Planning Council, said Miami Beach is out front in accounting for sea level rise. On-going budget challenges could make it tough sell for some communities worried about spending too much to address impacts that might not come as soon as anticipated. Forecasts differ on the pace and impact.

The plan crafted by Miami Beach’s engineering consultant, CDM Smith, is intended to address sea level rise for just 20 years.

Environmentalists and other critics said that relatively short window, at least in terms of climate change impacts, seemed intended to minimize costs. But Mike Schmidt, a vice president with CDM Smith, said projects could be altered to account for faster or higher rises. More or larger pumps, for instance, could be added to force storm water out against the higher pressures of rising sea levels.

Much of Miami Beach’s drainage system dates back to the 1940s and there is limited data about how many outfalls were designed to remain above high tide or for how long. But an analysis performed by Coastal Systems International, another contractor assisting in the project, showed the ends of the drain pipes are spending more time submerged, with the mean high water elevation creeping up by about 1.68 inches over the last 14 years. The plan, which still must be approved by the Miami Beach Commission, is designed to handle another six inches by 2030

Beckmann, the public works director, said the city only needed to two pumps for stormwater when he started 11 years.

“Right now, we have 17 and we’ll probably call for another 14,’’ he said.

Schmidt said rainfall still accounts for 95 percent of the flooding in Miami Beach but in century or two, the city could be more like New Orleans, sitting below sea level with its safety dependent on sea walls and pumps. “Eventually, if the projections are true, you’re facing a position where the sea level rise would go above the land surface and then you’re raising critical infrastructure,’’ he said. “Your sea walls are going higher, you’re putting in locks and dams and you’re pumping almost everything.’’

For now, Miami Beach Mayor Matti Bower said her biggest concern was figuring out how to pay for the projects, saying she didn’t think it was fair for the city alone to be tackling the expense.

Normally, the city would issue a bond and raise stormwater rates to cover costs but because the drainage project is also designed to reduce environmental impacts to the bay, the city will explore options including seeking federal grants or money from other state or county agencies.

“I’m not even worried about 25 years from now because I’ll be 100 then,’’ Bower said, “but I do worry for the children and grandchildren.’’

Miami Herald staff writer David Smiley contributed to this report.

 

"Martin Commission to keep pressure on congressmen for rest of funding for water cleansing project " in @tcpalm

STUART — Construction of the massive C-44 Reservoir and Stormwater Treatment Area is on schedule, but the completion of the $364 million project depends on congressional funding, federal officials said Tuesday.

The Martin County Commission voted unanimously Tuesday to approve a resolution asking Florida's delegation in Congress to continue to support funding for the rest of the project.

"We want to be on our toes so that we are not waiting, waiting, waiting, but we're pushing, pushing, pushing," Commissioner Ed Fielding said.

However, Michelle McGovern, a regional director for U.S. Sen. Bill Nelson, said it has become more difficult for Congress to appropriate money for projects in recent years.

"The federal government is having to do what you all have been having to do for a long time; cut back on budgets in places that are painful," McGovern said.

The $32 million first phase of the project is expected to be completed in early 2014, said Orlando Ramos-Gines, a senior project manager with the U.S. Army Corps of Engineers.

However, Congress has not allocated money for the $270 million second phase, Ramos-Gines said. The contract for that work is set to be awarded in August 2014.

The project is being built in three phases because of the funding challenges, Ramos-Gines said. The $60 million contract for the third phase is set to be awarded in April 2017.

The project is designed to store and clean water draining from western Martin County into the C-44 Canal, which also is known at the Okeechobee Waterway and the St. Lucie Canal.

The goal is to reduce the flow of pollution, such as fertilizer from farmland, into the St. Lucie River and Indian River Lagoon.

Commissioner Sarah Heard said completion of the C-44 Reservoir project would set the stage for other projects in the Comprehensive Everglades Restoration Plan.

"We need to show completed projects that are working, that are helping, that are implementing CERP," Heard said.

Mark Perry, executive director of the Florida Oceanographic Society, said Martin County's contribution of $27 million in sales tax money from a voter approved referendum shows strong public support for the project.

"We're in this for the long haul," Perry said. "We want this project to continue. If we don't keep it rolling, it's just going to kind of die on the vine."

Economic Analysis of Water Treatments for Phosphorus Removal in Florida

By Daisuke Sano, Alan Hodges, and Robert Degner

Abstract

Excessive phosphorus loads in urban and agricultural runoff are identified as one of the greatest threats to the natural environment of Central and South Florida. This study compares the cost effectiveness of two different water treatment systems that have demonstrated an enhanced phosphorus removal ability utilizing aquatic plants and biomass: Wetland Stormwater Treatment Areas (STA) and Managed Aquatic Plant Systems (MAPS). Cost effectiveness, expressed as dollars per kilogram (kg) of phosphorus removed, is calculated from the net present value cost for capital, operation and management, including residue management, and benefits from water storage/supply and recreational use, divided by the projected total phosphorus removal over fifty years. MAPS demonstrated the lowest cost at $24 per kg for systems designed to treat waters with 300 ppb (parts per billion) phosphorus to a level of 155ppb. Reservoir-Assisted STA, which treated 540 ppb to 40 ppb phosphorus concentration in Central Florida, had an estimated cost of $77. STAs starting with concentrations ranging from 40 to 180 ppb and facing a target of 10 ppb phosphorus concentration in South Florida had much higher cost estimates, ranging between $268 and $1,346 per kg.

 

Read the full report at: http://edis.ifas.ufl.edu/fe576

"The goal: more water conservation" - Opinion Letter in Miami Herald

Audubon Florida was happy to see the May 13 article South Florida cuts water use by 20 percent, on the success of South Florida’s water-conservation methods. Our region has made progress. But if South Floridians want water security in the future, more must be done through meaningful water conservation.

Does it make sense to build a multimillion dollar treatment plant or just ask residents to save water? Cooper City asked this question a few years ago and decided that water conservation was the answer. Today, the city has doubled its water conservation goal and saved $12 million in the process.

As the South Florida Water Management District updates the long-term water plan, conservation needs to be a top priority. Every county in our region should limit landscape irrigation to at least two days a week like Miami-Dade and Broward counties.

South Floridians each use an average of 140 gallons a day, and up to half of that amount is for outdoor irrigation. Local and state agencies should implement better leak detection programs so utilities, as they have reported, do not lose tens of millions of gallons of water. And, as one of the largest consumers of water — with an estimated demand of 604 million gallons a day — agricultural businesses in our region need to work to find better ways to conserve water, especially during droughts.

Conserving water today is securing water for tomorrow.

Jane Graham, Everglades policy associate, Audubon Florida, Miami

Read more here: http://www.miamiherald.com/2012/05/21/2810694/the-goal-more-water-conservation.html#storylink=cpy

Water Wars..."Fracking bidders top farmers at water auction"

Posted:   04/02/2012 04:31:47 AM MDT

By BRUCE FINLEY The Denver Postdenverpost.com

DENVER—Front Range farmers bidding for water to grow crops through the coming hot summer and possible drought face new competition from oil and gas drillers.

At Colorado's premier auction for unallocated water this spring, companies that provide water for hydraulic fracturing at well sites were top bidders on supplies once claimed exclusively by farmers.

The prospect of tussling with energy industry giants over water leaves some farmers and environmentalists uneasy.

"What impact to our environment and our agricultural heritage are Coloradans willing to stomach for drilling and fracking?" said Gary Wockner, director of the Save the Poudre Coalition, devoted to protecting the Cache la Poudre River.

"Farm water grows crops, but it also often supports wildlife, wetlands and stream flows back to our rivers. Most drilling and fracking water is lost from the hydrological cycle forever," Wockner said. "Any transfer of water from rivers and farms to drilling and fracking will negatively impact Colorado's environment and wildlife."

The Northern Water Conservancy District runs the auction, offering excess water diverted from the Colorado River Basin—25,000 acre-feet so far this year—and conveyed through a 13-mile tunnel under the Continental Divide.

A growing portion of that water now will be pumped thousands of feet underground at well sites to coax out oil and gas.

State officials charged with promoting and regulating the energy industry estimated that fracking required about 13,900 acre-feet in 2010. That's a small share of the total water consumed in Colorado, about 0.08 percent. However, this fast-growing share already exceeds the amount that the ski industry draws from mountain rivers for making artificial snow. Each oil or gas well drilled requires 500,000 to 5 million gallons of water.

A Colorado Oil and Gas Conservation Commission report projected water needs for fracking will increase to 18,700 acre-feet a year by 2015.

Farmers who go to the auctions seeking to produce food—or maybe plant more acres—are on equal footing with companies seeking water for fracking, Northern Water spokesman Brian Werner said.

"If you have a beneficial use for the water, then you can bid for that water," Werner said. "We see the beneficial use of the water as a positive for the economy of the whole region. Fracking is one of those uses. Our uses of water have evolved over 150 years."

Riding his tractor last week, Colorado hay producer Lar Voss, who bid for water at the recent auction, accepted this approach. Voss bid for 100 acre-feet "to be sure I've got enough for the crops," he said. Selling water to those who can pay the most "is what ought to happen."

But farming advocacy groups raise concerns.

"How do we continue to sustain agriculture when there's just more and more demand on our water resources in this state?" said Bill Midcap, director of the Rocky Mountain Farmers Union, which represents 22,000 producers in Colorado, Wyoming and New Mexico.

"The governor has said agriculture is helping Colorado come out of this recession. How do we keep those dollars flowing from agriculture into the state economy with more and more stress on our resources—such as water?"

Energy industry players "carry a big stick" at auctions and likely have the money to prevail in a free-market competition for scarce water, Midcap said.

At the recent auction, Fort Lupton-based A & W Water Service Inc. bid successfully for 1,500 acre-feet of water, paying about $35 per acre-foot. That's slightly higher than the market price that irrigators pay for leasing water along the Front Range. The average price paid for water at NWCD's auctions has increased from around $22 an acre-foot in 2010 to $28 this year.

A & W also leases water from Longmont, Loveland, Greeley and other cities—and hauls it to drilling sites.

Among other bidders seeking water for industrial use, Leonard Wiest, president of the Windsor-based development company Trollco Inc., said he sees growing revenue from energy firms.

"If we've got the water, we would welcome them as a customer," Wiest said.

State natural resources officials emphasize that fracking still uses a relatively small share of water consumed in the state, with around 87 percent used for agriculture.

"The future is upon us. There's always been competition for water in Colorado. As industries develop, and industries fade, you'll see a shift in who can afford to pay the price," said Nicole Seltzer, director of the Colorado Foundation for Water Education, a nonprofit funded by state government and the energy industry.

Colorado's state-backed round-table process for addressing water challenges "has made preserving agricultural water in this state a priority," Seltzer said. "But you have to balance that with a free-market economy."

Copyright 2012 The Denver Post. All rights reserved.

South Florida water district takes Miami-Dade wetlands off the trade table with FIU

By CURTIS MORGAN
cmorgan@MiamiHerald.com

Water managers on Thursday decided to draw up new plans for a chunk of West Miami-Dade wetlands that Florida International University had sought as part of a controversial expansion plan.
In a move praised by environmentalists, the South Florida Water Management District’s governing board voted unanimously to begin a new study on how to use a checkerboard of 2,800 acres owned by the state and district at the southeastern junction of Krome Avenue and the Tamiami Trial.

Drew Martin, of the Sierra Club, said environmentalists hope that much of the land will remain undeveloped.

“It’s a nice buffer between the national park and the urban area,” he told board members during a district meeting in West Palm Beach. “We would like to see this area maintained basically as a natural area.”

FIU had hoped to obtain a cost-free lease on some 350 of the state-owned acres as part of a land swap that potentially would have moved the Miami-Dade County Fair & Exposition to the wetlands site so the university’s fast-growing medical school could expand into existing fairgrounds land next door.

The wetlands had been purchased more than a decade ago for $3.7 million for an Everglades restoration project to store storm runoff and recharge ground water. Water manager later abandoned the plans as too expensive and ineffective.

But the deal with FIU was derailed after Miami-Dade Mayor Carlos Gimenez raised objections to moving the fairgrounds to the site because it is outside the county’s urban development boundary. Gov. Rick Scott later asked lawmakers to kill a proposed amendment to legislation in Tallahassee that would have given FIU control of the land, with aides saying they would continue working with the school to resolve its space crunch.

Ernie Barnett, the district’s Everglades policy director, said FIU could still pursue the lands, but it was his understanding that the state was not currently planning to sell or “surplus’’ wetlands in the area.

The district intends to meet with environmental groups, surrounding land owners including the Miccosukee tribe and other Everglades restoration agencies to determine how the parcels might be used.

Under FIU’s proposal, much of the land, which has been used as dump site and by off-road vehicles, would have been turned into a county park surrounding the fairgrounds and a large parking lot. Environmentalists had argued the land provided foraging grounds for endangered wood storks and other wildlife, and could easily be restored.

Sandy Batchelor, a board member from Miami, urged “finding a way to preserve the ecologically sensitive land. They produce such good habitat for so many animals and birds.”

Read more here: http://www.miamiherald.com/2012/05/10/2794178/south-florida-water-district-takes.html#storylink=cpy

Miami Herald Opinion - "Save a park, sell your Caddy"

BY FRED GRIMM

FGRIMM@MIAMIHERALD.COM

MiamiHerald.com/columnists

Selling off our national parks to private developers…. well, you got to give it to Cliff Stearns. That’s just good modern Republican business sense. Sell ’em. Drill ’em. Frack ’em. Turn the Grand Tetons into a ski resort. Hang a zip line over the Grand Canyon. Convert Yosemite into a corporate retreat. Strip mine the Smokies. Erect drill rigs in the Everglades.

But comparing a sell-off of so much scrubby parkland to getting rid of the family Caddy — that’s near about blaspheme where I’m from.

Stearns, a ranking congressman from Ocala (better known, lately, as a Florida’s most prominent birther), uttered his slander on the most sacred of down-home family values last month at constituent meeting in Belleview. He was railing against a proposed new national trail commemorating the route Buffalo Soldiers rode through California back at the turn of the last century. The black Army outfit, essentially America’s first park rangers, patrolled the newly created Sequoia and Yosemite national parks, protecting the federal land from wildlife poachers, timber rustlers and illegal grazing.

“Would you want to walk 200 miles?” Stearns asked his constituents. (That suggests that, if Stearns had been around in 1921, he’d have been even less enthused by the construction of the Appalachian National Scenic Trail. Would you want to walk 2,181 miles?)

Stearns said that “we don’t need more national parks in this country. We need to actually sell off some of our national parks, and try and do what a normal family would do.”

Normal families usually don’t have national parks in their domestic portfolio. But Stearns persisted. “They wouldn’t ask Uncle Joe for a loan, they would sell their Cadillac.”

This was too much. Back where I’m from, in West Virginia, rednecks with Caddies would sooner sell their kids (a relatively plentiful commodity) than part with an Eldorado. If it happened to be the 1959 model with soaring fins and Marilyn Monroe bumpers, well, he’d consider tossing the wife and her momma into the negotiations.

Previously, Rep. Stearns’ peculiar interest in the national parks system had focused on legislation to rescind the ban on firearms inside the parks. But other Republican members of Congress have lately proposed selling off chunks of parkland and national forests. Or opening up parks to oil and gas exploration. The new Smokey the Bear poster comes with either of two mottos: either “Don’t Shoot” or “Drill, baby bear, drill.”

Under Gov. Rick Scott, Florida’s state parks have similarly been re-imagined as commodities. Last year, Gov. Scott’s administration, pushing a flurry of new proposals to reengineer state government as a business enterprise, decided that the state’s 160 parks should each be self-sufficient — or else. The state park service decided 53 “unprofitable” state parks would be shut down. Private operators would be able to build campgrounds, with RV hook-ups, inside another 56 parks. Another proposal would allow a single, well-connected company to construct and operate fancy golf courses in other parks.

The public, which tends to regard a state park somewhat differently than, say, a strip shopping center in Kendall, was not amused. A great howl ensued. Scott suddenly decided he didn’t mind the unprofitable park system so much.

This past session the Legislature did pass bills allowing commercial advertising along state scenic trails, giving “scenic” an odd new definition, but opponents managed to limit the damage to just seven trails. A bill to allow gas and oil drilling in state parks died a worthy death.

No one, in the past session, proposed selling off the state’s oceanfront parks to condo developers. Maybe the Legislature’s big dogs are only waiting for the real estate market to recover. In the new Florida, you gotta think like a entrepreneur.

Oddly enough, Cliff Stearns’ antipathy toward the creation of new historic parks was not so apparent in 2006, when the onetime operator of a small motel chain pushed through federal legislation (and funding) to designate Fort King, site of a major dust-up in the Second Seminole War, as a national historic landmark.

On July 1, 2008, Stearns rightfully took full credit for the dedication of the 39-acre national historic site, which — I’m sure this is just a coincidence — happens to be located right there on 39th Avenue in his hometown of Ocala. “Our nation is rich in natural resources, scenic wonders and historic events and locations” he said.

When Stearns said “rich,” who knew he was speaking as a real estate speculator?

I bet Fort King would make a dandy location for a new motel. Do I hear bids? Anyone want to swap their old Caddy?

 

This might seem knit-picky, but important case for future permitting..."The Sacketts and the #CleanWaterAct" #epa #water #everglades

Chantell and Michael Sackett’s case against the Environmental Protection Agency before the Supreme Court on Monday might appear to be David versus Goliath. But those supporting the Sacketts with friend-of-the-court briefs are corporate Goliaths like General Electric and real estate developers eager to weaken the E.P.A.’s ability to protect wetlands and waterways under the federal Clean Water Act.

The Sacketts owned a small lot about 500 feet from Idaho’s pristine Priest Lake. They filled part of it with dirt and rock in preparing to build a house. The E.P.A. determined that the lot is federally protected wetland so the Sacketts needed a permit to do the work, which they did not seek. The agency ordered the couple to remove the fill because pollutants were being discharged.

The E.P.A. can issue compliance orders directing violators to get a permit and remedy any damage they caused. But to enforce an order, the agency has to sue in federal court; it does not have power to take action against a violator on its own. The Sacketts in their brief say they had no reason to believe their lot was covered by the Clean Water Act, though there is evidence to the contrary. They argue that lack of judicial review of the compliance order violated their due process rights, though they could have challenged the order through the agency’s administrative process — and could have gotten a permit after the E.P.A. told them they needed one.

Almost every federal court that has considered the issue found that the law does not allow “judicial review of compliance orders until the E.P.A. brings an enforcement action,” as the Ninth Circuit appeals court said in ruling against the Sacketts. The court explained that this process allows the agency “to act to address environmental problems quickly and without becoming immediately entangled in litigation.” Allowing challenges to E.P.A. orders before they are enforced would give landowners the ability to delay in correcting the harm they caused. Compliance orders are useful because they allow the agency to press landowners to negotiate about mitigating harms.

This case goes far beyond the Sacketts’ right to fill in their lot without a permit. If the Supreme Court allows them to seek pre-enforcement review, it will be handing a big victory to corporations and developers who want to evade the requirements of the Clean Water Act.