December 2, 2010


To All Florida Political Leaders.


Subject:FDEP's illegal use of mitigation to force Lee County to adopt no motor zones


Lee County adopted a resolution based upon a trumped up mitigation scheme by the FDEP that fails to follow any state statutes.


The FDEP wanted to make a new rule for the West Coast Inland Navigation District to maintain the navigation channels in Lee County's four aquatic preserves.


The FDEP's scheme was hatched to force Lee County to make a resolution adopting 4 no motor zones in the aquatic preserves for the new general permit for WCIND.


Folks it has been the rule of law that the Board of Trustees of the Internal Improvement Trust Fund is solely responsible for the maintenance of all aquatic preserves. Hence the FDEP is responsible as staff of the BOT to maintain all navigable channels in these preserves and not Lee County.


To develop this plan to implement the no motor zones required that Lee County had to adopt by resolution a need for the 4 no motor zones. That need was that the FDEP would require mitigation for the dredging permit that they were solely responsible to permit and maintain for the BOT.


FDEP conjured up a mitigation plan that amounted to the finding of 45,000 square feet of sea grass in the Pine Island Sound aquatic preserve and found a "potential "of finding other sea grasses in the other three preserves.


Note, this is not an actual finding of sea grasses but a potential of finding some sea grasses in the other three aquatic preserves channels.


The FDEP goes on to claim that there is not enough sea grass damage for all of the four aquatics preserves and goes onto to say that they could triple the amount and round out the rest plus throw in some public interests for the rest of the areas.


While this may sound funny and humorous it amounts to one hell of a lot of waterways that will no longer be used by the general boating public.


Lee County Commissioners bought into this scheme as I should say hook line and sinker. They even stated that the FDEP required mitigation action for the dredging.


Folks, I have presented problems about this to the Inspector General's Office and as far as I am concerned the Inspector General's Office should be set apart from the FDEP as possible so that this kind of stuff is not allowed.


Legislators , you are very right to over see the FDEP agency rules because it is very broken system.

I have attached a file that shows what I am referring to that was sent to me by the FDEP after a year of asking for the file.




Leo Amos