Mike [Carter],
This is the response from County staff re: the cypress tree logging of which you expressed alarm. It would appear that, because logging of cypress trees is considered an "agricultural" activity and not land development, the destruction of cypress trees and associated wetlands will continue, without further County Commission action.
Penny
----- Original Message -----
From: "Chris Bird"
This is an update in response to citizen concerns about an ongoing logging operation involving the cutting
of cypress trees on property owned by J. W. Harrell located in the Lake Forest Creek watershed west of the
Lake Shore Drive/Newnans Lake area. While EPD shares community concerns about the loss of cypress
trees in this area, we have not yet found a basis to take regulatory action against the property owner or
the logger. Staff will continue to monitor this logging operation.
1) In response to citizen complaints, EPD's Mike Buono has repeatedly inspected the property beginning
late Monday afternoon, February 18th. Mr. Buono has met onsite with the property owner and
representatives of the logging company. Based upon his evaluation, Mr. Buono has reported that the
logging activities are being conducted in accordance with applicable Division of Forestry Best Management
Practices (BMPs). As required by the County's Surface Water and Wetlands Code, Mr. Buono has
requested the property owner to provide documentation certifying that this logging operation will continue
to comply with applicable BMPs for this type of logging in a wetland.
2) To ensure that water management and state regulations have not been violated by this logging
operation, Mr. Buono and EPD Natural Resources Program Supervisor Robert Norton have notified
appropriate officials with the St. Johns River Water Management, the Division of Forestry, and the Florida
Fish and Wildlife Commission and urged those agencies to independent site inspections to verify compliance
is being maintained during this logging operation. We have not determined a basis for restricting or
prohibiting this logging on the basis of any type of Outstanding Florida Waters (OFW) designation
protective status.
3) There is a bald eagle nest in the vicinity of this property, which does provide some protective status
under federal law. However, we have not found the logging, to date, to trigger any type of restictions
based upon the bald eagle's nest. We have alerted Steve Nesmith with the Fish and Wildlife Commission
and requested that his agency continue to monitor the situation to ensure the logging does not violate
state or federal protections for bald eagles.
4) On January 25, 2002, the subject property was nominated by a third party as part of a project area for
consideration for purchase by Alachua County under the Alachua County Forever (ACF) program. Due to
the backlog of previously submitted nominations, this project has not yet been evaluated by the Land
Conservation Board and therefore is not eligible for consideration by the BoCC for purchase using ACF
funds. We have discussed the County's acquistion program with Mr. Harrell and encouraged him to
participate in this willing seller program as a way to protect the remaining cypress trees.
5) The Florida Right to Farm Act and other state policies have severely diminished a local government's
home rule authority to prohibit, or even restrict, logging operations that are determined to comply with
state BMPs, even if the logging involves cutting big cypress trees located in a wetland. If a logging
operation can be found to cause a violation of state water quality standards, such as turbidity,
enforcement actions could be taken to eliminate the water quality violation. Even in such a case, it would be
difficult to prohibit or restrict the actual logging provided compliance with water quality standards was
achieved. We have not yet observed any water quality violations associated with the current logging of the
Harrell property.
Chris Bird, Director
Alachua County Environmental Protection Dept.
201 SE 2nd Avenue, Suite 201
Gainesville, FL 32601
Phone: 352 264 6802
Fax: 352 264 6851
Email cbird@co.alachua.fl.us