News-Press.com
Developer
filled in Willow Lake, residents allege
http://www.news-press.com/apps/pbcs.dll/article?AID=/20071016/NEWS0113/71015057/1075
A story about a
disappearing lake is told in the movie “Fried Green Tomatoes.”
In that version, a southern lake freezes after a sudden drop in temperature,
and the ducks fly away and take it with them to “somewhere over in Georgia.”
But for several residents of Pine Island, the story of the disappearing lake
isn’t quite so amusing.
Lee County commissioners are expected to address the issue today at their
weekly meeting.
Residents allege that Willow Lake, a 6-acre, natural, seasonal freshwater lake
that was home to a host of wildlife and plant species, was filled in illegally
by owner and developer, Russell Weintraub, who with his business Treeco plans
to eventually start a palm tree farm there.
Weintraub’s attorney, Kamala Corbett, denies any illegal activity and
said to her knowledge, no body of water was ever filled in with dirt. As a
precaution, though, she said construction has been halted just to make sure
there were no violations.
Phil Buchanan, a retired attorney and longtime Pine Island resident and
activist, said the lake was part of a jurisdictional wetland that was federally
protected. A representative of the Army Corps of Engineers, the agency that
enforces that protection, could not be reached for comment Monday to confirm
that. County officials also are investigating the allegations.
“I couldn’t believe my eyes when I went down there Saturday and the
lake was gone,” Buchanan said. “I do not think it would be an
exaggeration to say that this may be the single largest act of environmental
destruction in Pine Island’s history.”
Buchanan said it was the only natural freshwater body on Pine Island. In addition to containing the largest strand of willow in southern Florida, it was also
home to grubbed oak hammocks and oak and swamp fern hammocks, he said.
“It was the only habitat on Pine Island suitable for scrub jays, and in
my opinion, constituted the single most diverse and environmentally sensitive
habitat on Pine Island,” he said. “Now it is nothing but perfectly
level dirt and piles of dead vegetation. Not a single tree, bush, gopher
tortoise or other critter is left alive.”
Gary Morse, spokesman for Florida Fish and Wildlife, said he could find no
evidence that the filling of Willow Lake was reported to his agency. But then
again, it doesn’t have to be.
“By and large, we are not a permitting agency,” Morse said.
“We have jurisdiction over the wildlife itself and their nests or
burrows. In this case, we might say whatever is out there falls under the U.S.
Army Corps of Engineers, the DEP (Department of Environmental Protection) or
the South Florida Water Management District. The only thing we would do is
comment.”
A representative with the South Florida Water Management District could not be
reached for comment.
Corbett said the action taking place over the last several weeks was simply
clearing part of the roughly 80 acres of land Weintraub owns for the
already-approved purpose of creating a palm tree farm. There has been some
controversy recently surrounding another proposal to build migrant farm worker
housing on 15 acres of that land, but she said that has not yet been approved
by the county. She said both privately-hired and county environmentalists are
reviewing the land and recent actions, but at no time was any body of water
filled in.
“We adamantly deny any illegal filling of a natural lake,” Corbett
said. “We’ve stopped all activity on the site just as a precaution,
and our consultants got together this morning and are planning to get together
soon with Lee County to make sure the work was done in compliance with the
permits. If there is any evidence of noncompliance, we’ll certainly take
immediate, corrective action.”
But longtime resident David Lukasek said because the lake was seasonal, there
may not have been much standing water when crews reportedly filled it.
“It’s outrageous,” Lukasek said. “I’m really
dumfounded that they would have the nerve to do that.”
Resident Bill Mantis said he was “appalled” when he heard about the
lake but wanted to find out more about what actually happened.
Resident Valerie Fors was glad to hear at least officials were investigating.
“I’m really mad that it even got to this point,” she said.
“I’m just glad they’re looking into it.”
Corbett said there was originally concern about a septic system that was going
to be placed near the wetland area to support the farm worker housing, but
those plans have since been altered to avoid that issue. She denies assertions
she has heard from residents that the clearing operation was clandestine.
“We have been in the permitting process of this for four years,”
she said. “It kind of defies logic if someone could be in permitting for
that long and then just decide to toss that aside.”
Joan LaGuardia, communications manager for the Lee County Department of
Community Development, said an investigation had been launched and there likely
wouldn’t be any new information until at least today.
“We are definitely looking into it,” she said. “Investigations
were done, and I haven’t seen the results of those inspection reports
yet, so all I can say right now is that we are looking into it.”