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PLEASE REPLY TO :
August 31, 1995 Tallahassee
VIA TELEFAX 488-3309
Mr. Jim Quinn, Chief
Bureau of State Planning
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
RE: Revised Public Workshop Draft of the 1995 Florida Land
Plan -- The State Land Development Plan
Thank you for providing this firm with a draft of the 1995
Florida Land Plan (the Plan). We welcome the opportunity to
comment on the draft on behalf of the Florida Concrete and Products
Association (FC&PA), a client of this firm. However, I will also
provide general comments beyond the immediate areas of concern to
the members of FC&PA.
FC&PA is a trade association, of which many members are
engaged in the mining of limerock and limestone. For purposes of
this letter, I will collectively refer to these mining operations
as "rock" mining. Pages 25-26 of the Plan refer to the extraction
of mineral resources, but fails to differentiate between phosphate
and rock mining operations. Rock mining characteristically will
leave..a 60 foot deep fresh water pit or lake impossible to restore
to pre-mining condition, whereas phosphate mining leaves a shallow
wet area that is capable of restoration. These differences make it
impossible :to lump limestone mining with phosphate in any practical
processes or requirements. Indeed, the Legislature has histori-
cally treated these industries distinctively, as do existing state
regulations. The State Plan should do so, as well.
There are couple of specific comments offered regarding Goal
4 on page 31, This goal as stated does not recognize rock. mining's
particular characteristics, nor is rock mining recognized in the
Advocacy Policy, or the Planning Policy and Standards. These
comments are as follows:
"t-) The term "restore" as used in Goal 4 of the Plan cannot
be applied to rock mining for the basic reasons stated
Mr. Jim Quinn, Chief
August 31, 1995
above. It is impossible to "restore" an area mined for
rock to its pre-mining condition.
(2) As for wetlands permitting, the Plan requires a higher
standard on rock mining than on development activities.
The Plan, as written, precludes mitigation for rock
mining activities, but allows for mitigation for
development activities. State regulation currently
allows for mitigation or mitigation banking in lieu of
restoration or phosphate mining type reclamation for rock
mining activities. The Plan should reflect this current
regulatory permitting practice.
As for general comments, we share the same concern of many
others that implementation of the State Land Plan should be
postponed pending revisions to the State Comprehensive Plan.
Additionally, the Legislature is expected to review the function of
the State Land Development Plan, as well as its preparation and
adoption processes. Therefore, it would seem unreasonable to do
anything other than defer action on the draft Plan.
In brief, there are other issues of concern contained in the
draft Plan, including the general feeling that the Plan is too
sweeping in scope and infringes on the regulatory functions of
state and local agencies. The "advocacy policies" should be
deleted from the Plan. These advocacy policies are certain to be
confused with stated goals, objectives, and policies. Any policy
advocated by the Department of Community Affairs needs to be
adopted by the Legislature before inclusion in the Plan.
Thank you for allowing us to comment on the Plan. We would
request that you would allow us to discuss the overall Plan with
you in greater detail prior to proceeding with adoption. In the
meantime, should you have any questions or need additional
information concerning this matter, please give me or Jake Varn a
call at 224-1585.
Sally s. Adams
cc: Jim Murley via fax
John Christensen, Jr. via fax