Chris Bird, Director DEP, Wrote...



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" To: "Mike Byerly" ; "Dave Newport" ; "Penelope Wheat" ; "Rodney Long" ; "Robert Hutchinson" ; "Dave Newport" Cc: "Rob Norton" ; "David Schwartz" ; "David Wagner" ; "Randall Reid" ; "Michael Buono" ; "Richard Drummond" Sent: Thursday, February 21, 2002 5:35 PM Subject: Cypress Tree Logging on J.W. Harrell Property near NewnansLake

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

The Story

Door

Top