Issues, Florida Chapter

Bone Valley Ecosystems

The Peace River Basin from the Green Swamp Area of Critical State Concern in the north to and including the Charlotte Harbor Marine Estuary in the south and the Lake Wales Ridge in the East to the Tampa Bay Marine Estuary in the west is the focus of the Bone Valley Ecosystems committee. Our goals include the protection and restoration of wildlife habitat, ecosystem connectivity, and water quality and quantity. Some of our objectives may be achieved by the reestablishment of more natural hydroperiods including the acquisition of lands needed to implement appropriate levels and flows. Active land management is necessary both to protect what remains of the natural systems and to reestablish parts of the systems which have been diminished in the river systems (Peace, Hillsborough, Alafia, Manatee, Little Manatee, and Myakka Rivers), and two National Marine Estuaries (Tampa Bay and Charlotte Harbor National Marine Estuaries) within the Bone Valley area.

Threats

In 2003, a task force of the Council of 100 recommended the creation of a State Water Supply Commission. It has been suggested that such a commission would reevaluate the "local sources first" requirements of F.S. Chapter 373 and encourage the legislature to make changes. This could include consideration of water supply development projects to move water across the state.

Development, agriculture, and phosphate mining are ever present throughout Bone Valley and encroach continually on wetlands, alter hydroperiods, pollute surface and ground water, destroy, degrade and fragment habitat. Mosaic could possibly acquire permits to mine vast acreages in the Peace River basin including the 25 year floodplain in some areas and tertiary streams, creeks and wetlands.

The extreme low surface and ground water levels of recent years have forced the water management district (SWFWMD) ACOE and FDEP to reconsider past drainage projects in favor of restoration and retention. The SWFWMD is in the process of setting Minimum Flows and Levels for the Upper Peace River and upon adoption, must employ a recovery plan to achieve those levels. New rules have been developed for the Southern Water Use Caution Area and the Draft is currently going through the public hearing process. Unfortunately, it seems that the water management district is focusing on "reservoir" type solutions instead of ecosystem wide solutions to water storage and retention. The District is still opposed to setting minimum aquifer levels except in those areas that are most stressed.

Restoration planning efforts on Lake Hancock and the upper reaches of the Peace River continue. The Lake Hancock Restoration effort was begun by Marian Ryan and Richard Coleman as part of Sierra's Bone Valley Issue. Land acquisition will take place before any in-lake restoration processes begin as the lands secured will drive the restoration blueprint. The SWFWMD Governing Board is seeking federal and state assistance in funding the estimated $80 million for the Lake Hancock restoration efforts.

The SWFWMD has purchased a 3,536 acre old mined land site for the purposes of enhancing the water quality of hyper-eutrophic Lake Hancock and raising its level to serve as a reservoir to maintain minimum flows in the Peace River during periods of drought. Lake Hancock is the largest lake in the Upper Peace River system which reaches from Polk County to Charlotte Harbor National Estuary. Approximately 2,240 acres of the site, called Old Florida Plantation (OFP), have been identified by the District for environmental projects which may include wetland treatment marshes. The OFP property has three large clay settling areas and numerous small pit lakes as well as four miles of shoreline on the 4,519 acre Lake Hancock. This site also has potential for waterfowl habitat restoration/enhancement. We are hopeful that we can establish a cooperative relationship between Sierra, Ducks Unlimited, Audubon, FWCC and the District to achieve our habitat restoration objectives.

Goals

The goals of the Bone Valley committee are:

• Oppose creation of a State Water Commission.
• Oppose the weakening of existing "local sources first" requirements for the development of new water supplies.
• Work with state and federal governments, and other government and private entities to secure funding for restoration efforts. Work with and assist in coordination of efforts by the SWFWMD, Polk County, etc. and entities seeking mitigation sites (gas pipelines and road building) to proceed with acquisition and restoration of target sites. We will continue to support protection of significant environmental systems along the Peace River where mining will be an issue. We will continue to educate the public and elected officials on this issue.
• We will continue to encourage land acquisition through Florida Forever Programs. It is imperative that our members demand full funding of the Forever Florida Program which provides acquisition funds to the Water Management Districts. It is not too early to encourage discussion of a successor program to Florida Forever.
• We will continue our work to increase public awareness and/or participation regarding permitting processes for mining, inadequate regulation and lack of enforcement by the Bureau of Mine Reclamation, inappropriate development activities, agricultural use and runoff, and reduction of economic* and wildlife values of lands post-mining through presentations/slide shows such as "Phosphate Mining: The Good, The Bad, and the Ugly" and provide direction to public interest through actions such as the Lake Hancock Restoration effort.

* On May 3, 2002, the Central Florida Regional Planning Council presented a report to the Hardee County Commission based on the NRCS’s soil rating index. The report indicates that the proposed 16,000 acre Ona mine site is currently dominated by soils that are suitable for farming. Post-mining, those lands would be suitable only for "pasture, rangeland and woodlands." The dramatic change in soil quality could permanently severely limit agriculture for the estimated 27% of the county that either has been or could be mined.

Legislative

Establishment of Minimum Flows and Levels in the Peace River Basin by the SWFWMD.

Adoption of new SWFWMD rules governing the Southern Water Use Caution Area.

Support issuance of Florida Forever Program bonds which supply monies for land acquisition.

Support funding request by the SWFWMD to the Legislature and Congress for the Lake Hancock Restoration effort.

Potential rule changes governing phosphate mining permitting and reclamation.

Government Entities and Allies

SWFWMD will conduct hearings on establishment of Minimum Flows and Levels and begin work on medium and high flows and water levels over the next 5 years.

We anticipate that we will be able to work cooperatively with the SWFWMD, FWCC, Ducks Unlimited, Audubon and other entities and programs to provide guidance and funding for waterfowl habitat restoration/enhancement as part of the Lake Hancock restoration activities.

We anticipate that the Florida Department of Environmental Protection, Bureau of Mine Reclamation, will permit a new phosphate mine in Hardee County at Ona. The recent legal challenge by Charlotte County pointed out the serious flaws with FDEP’s review of mining activities. "I'm concerned that this is a precursor to DEP approving it with cosmetic changes," said Charlotte County's phosphate mining lawyer, Ed de la Parte. "It's not a good sign." (Lakeland Ledger, January 8, 2004) There is every reason to believe, given FDEP’s history of permitting mines, that they will repackage the permit without addressing the impacts to the natural resources.

Further Actions

We support the acquisition of scientific data and lands necessary for the restoration of Lake Hancock and the Peace River as well as the testing of new approaches to reduce the cost and increase the effectiveness of lake and river restoration. 

We will participate in the hearings and review documents relating to the establishment of Minimum Flows and Levels and the SWUCA.

We continue to monitor the Mosaic mining permit process including legal processes which may be brought against the current permit applications.

We continue education of the public and elected officials regarding Bone Valley ecosystems.

We continue to support Florida Forever program funding for acquisition of sites within the Peace River project boundaries.

We continue work to coordinate land acquisition and mitigation efforts, and habitat restoration/enhancement by all parties. We will also encourage implementation of the Integrated Habitat Network concept for appropriate mined lands.

We continue to support other groups working in their specific locales.

We will continue to raise objections to FDEP’s inadequate phosphate mine permitting, reclamation and mitigation practices.

We will continue to oppose the use of clay settling ponds as wetland mitigation areas.

Renew our request for a study of the cumulative impacts of phosphate mining on Florida’s natural resources and environment, of which results will be used to develop an environmentally sustainable management plan for mining activities, reclamation, and mitigation.

Request a complete review and update of the rules governing the permitting of mining activities and reclamation.

Renew our request for a trust fund to pay for accidents, spills, unanticipated consequences, and continued restoration of previously mined lands.

Investigate the feasibility of implementing the Rural Lands Stewardship and/or Transfer of Development Rights Programs to conserve environmentally sensitive lands and buffers in the Upper Peace River Ecosystem in Polk County.

Recent Achievements

Attended several meetings this past year to collaborate and coordinate with other organizations regarding Bone Valley issues.

Attended the seminar "Gulf Still in Distress" regarding gulf algal blooms.

Marian Ryan continues to serve on the Polk County Water Policy Committee. The committee, whose members are County Commission appointees, is charged with the development of a long term water plan for the county. The committee’s work has focused on the Upper Peace River, minimum flows and levels and the Southern Water Use Caution Area.

We have engaged the public on these issues through several tabling events in FY 2005.

We are in the initial stages of bringing together a broad group of stakeholders to investigate the feasibility of implementing the Rural Lands Stewardship and/or Transfer of Development Rights Programs to conserve environmentally sensitive lands and buffers in the Upper Peace River Ecosystem in Polk County.

What can you do?

Members can contact their legislative representatives and demand reauthorization of Florida Forever bonds for acquisition and management of lands.

Members can support restoration funding requests for Lake Hancock/Upper Peace River from the Florida Legislature and the U.S. Congress.

Members can become actively involved in the phosphate mining issues that affect their communities…..we will provide information and assistance to the greatest extent possible.