Resource Conservation Holdings (RCH) Property and how it impacts Estero Real Estate east on Corkscrew Road

SAVE THE DATE

Wednesday, May 26, 2010

Your support is urgently needed to prevent a

serious threat to the Estero community

We need to make a strong presence at the Board of County Commissioner’s meeting on Wednesday, May 26, when they will be making the final decision as to whether or not to approve mining on the Resource Conservation Holdings (RCH) property.

RCH is located about 5 miles east of I-75 on Corkscrew Road, downstream of to two large publically owned mitigation areas…wetlands that must be protected in order to supply our drinking water; cleanse the water that flows into Estero Bay; protect our communities from flooding and provide much needed wildlife habitat.

RCH wants to rezone 1,356 acres in order to mine limerock to a depth of 110 feet for decades and to build a cement plant and an asphalt plant on this site. If RCH is allowed to mine this land, they will add 2,400 round trip dump truck trips daily, or 4,800 one-way trips, onto Corkscrew Road and other Estero roadways.

After 22 days of hearings, the opposition of about 60 residents and Lee County staff, the Lee County Hearing Examiner recommended that the County Board should approve mining on this property.

See the attached excerpts from the Hearing Examiner’s totally biased recommendation…he clearly gave no consideration whatsoever to the testimony of affected Estero residents who appeared before him nor the testimony of County staff and their experts.

The Commissioners know that if they deny the mine, RCH will go to court. That’s why it’s so important for the Commissioners to see that a large segment of the Estero community continues to oppose this mine.

The meeting begins at 9:30 a.m. on Wednesday, May 26 in the County Board Chambers, on the second floor of the Old County Court House, 2120 Main Street in downtown Ft. Myers. Your attendance is vital to the future health of our community.

If you have questions about this matter, please contact Don Eslick at doneslick@comcast.net.

The Following Excerpts From the RCH Hearing Examiners Report Makes You Wonder Why We Bothered to Participate in the 22 Day Hearing

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Residential Compatibility Issues

“The Staff basically contends that mining and residential uses are per se

incompatible, relying on the assertion that blasting, truck traffic, dust and noise make

residential uses near mine sites, unrealistic. At first blush, one might agree with this position,

but the testimony and evidence do not support that position.

“Staff has not provided any definitive proof that that is actually the case. The only actual

expert testimony on the subject came from the Applicant’s witnesses, Larry Sewell and Dr.

David Depew. They presented evidence that there has been residential growth in the DR/GR,

at the same time that mines were being created. The fact that mines are in the area does not seem to have halted residential construction. Granted that residential expansion is not

larger, but the DR/GR, with its density restrictions, does not contemplate or welcome massive

residential expansion. Mr. Sewell indicated that the pool of prospective purchasers, for

residential property in the DR/GR, is less than other areas, but it is in line with the number of

residences, and home sites, located there. Staff provided nothing to rebut this testimony.

“There was a substantial amount of testimony from individuals, who either live near the

Applicant’s property, or close to other mines. They complained about truck traffic, blasting,

noise and dust, all of which does negatively, to some degree, impact them. None of the

complaints, however, rose to the level of stating that those activities were driving prospective

purchasers, or existing residents, from the area.”

Traffic Compatibility Issues

“The Applicant has requested a condition limiting the site to 2,400 daily round trips, or 4,800 one-way trips, of dump trucks. These trucks may be accessing the site around the clock, based on the Applicant’s contractual obligations. There is no question that this is a significant increase in activity on Corkscrew Road. The Applicant has included proposed conditions that would route incoming and outgoing trucks, from the site, east on Corkscrew Road to Alico Road northwest and onto Interstate 75, or other roadways. The purpose of that condition is to limit the truck traffic on the sections of Corkscrew Road, west of Alico. How successful the Applicant will be in the compliance and enforcement of these conditions remains to be seen.

“The County Staff’s opposition to the truck issue is a belief that it will increase traffic accidents,

funnel traffic into a residential area, increase road congestion, and increase road wear. The Applicant asserts it has met the only County standard imposed upon them, that is an

acceptable Level of Service at the commencement of operations.

“The testimony clearly indicated that road use will increase by as much as 4,800 single truck

trips, or 2,400 round trips, per day. After consideration of that number of trips, experts from

both the County Staff and the Applicant, agree that an acceptable level of service will exist

on Corkscrew Road. …

“County Staff also took the position that truck traffic will increase accidents along this

segment. This is a speculative statement. Their traffic expert, Mr. Campbell, produced a

formula used in the prediction of traffic accidents. He did not apply the formula to the subject

site. …In short, there is no serious definitive evidence supporting the assertion that the Applicant’s request would result in increased traffic accidents. …

“This Hearing Examiner agrees with the Applicant that once an acceptable level of service is

proven, the issue becomes moot. …

“This Hearing Examiner finds that the increase in truck traffic, over the existing and similar

traffic, does not raise a new compatibility issue. There is currently extensive dump truck and

agricultural truck traffic on the roadway. The Applicant’s proposal increases truck traffic, it

does not create a new truck corridor. That use already exists.”

Compatibility with Blasting

“There was testimony from neighbors regarding the vibrations they were experiencing from

blasts from other existing mines. There was no testimony that they exceeded the current

limitations imposed by the State of Florida. …

“The Hearing Examiner finds that the current residents of this area of Lee County, are already

experiencing blasting activities and knew that the same could be expected to occur in the

area of Lee County. The Applicant’s blasting for mine extraction purposes is not incompatible

with other neighboring land uses and is, in fact, compatible with current blasting activities

from other sites within the DR/GR. …”

Surface Water Flow

“The subject site, at all material times hereto, and for several decades, has been developed

and used for agricultural purposes. It has a berm along its perimeter to restrict surface water

flow, on to the subject site, from the Flint Pen Strand. That flowway runs from the northeast

to the southwest, and essentially around the northern boundary of the property. The

Applicant’s property was once within the boundaries of that flowway. It is not now and has

not been part of the flowway for decades. … The clear and convincing testimony from the Applicant’s experts supports the position that the development of the Applicant’s property, as proposed, will not create any additional surface water issues to that residential area. They may continue to have flooding, but that is simply because they chose to develop the residential area within the confines of a flowway. Surface water flow should not be changed to any degree by the Applicant’s project.

Environmental Factors

“The County Staff and public have all contended that the subject property will have serious

detrimental environmental impacts. This property is developed and used as an agricultural

site. Any large wetland areas were removed decades ago. This property is on the edge of

the Flint Pen Strand FIowway, which is inhabited by the Florida Panther, and other protected

species. Telemetry data from collars on the Florida Panther, imposed on an aerial

photograph, Exhibit V attached hereto, clearly reflects that, while the panthers roam the

nearby slough, there is no use of the Applicant’s property. This agricultural site is clearly not

panther habitat. There is no significant use of the Applicant’s site by any endangered or

monitored species.”

Final judgment granting legal and equitable relief to Resource Conservation Holdings LLC (Feb 12, 2009) regarding mining application on Corkscrew Road, Lee County Florida.

Go to this link – Estero Fl.org to view chain of events of issues