Dept. of Environmental Protection's agreement with St Joe

 

Check the new WhoseFlorida for updates

Remember this post of 2/20/04?  (see also PCC denounces DCA approval 2/27/04)

"ASSEMBLY-LINE ENVIRONMENTAL PERMITS FOR ST. JOE COMPANY TO BE ISSUED SOON Coalition of growth management activists and environmentalists denounce permit plans as another give-away to St. Joe. Fast-track permits will cause severe impacts for Bay/Walton Counties. Citizens to be shut out of process..."

Guess What?  It's happened...

"As predicted by us just last week, DEP issued their broad new EMA to the St. Joe Company for Bay/Walton Counties-we understand Franklin may not be far behind-below you will find our release from last week along with DEP's release of now yesterday. "
More soon, John Hedrick, Chair, Panhandle Citizens Coalition

DEP's press release 2/25/04:

"FLORIDA AND THE ST. JOE COMPANY SIGN PROTECTIVE AGREEMENT

-- Model plan for regional growth saves wetlands, conserves natural land corridors--

PANAMA CITY - The Department of Environmental Protection (DEP) today reached a highly protective, comprehensive agreement with The St. Joe Company to save wetlands and conserve 20,760 acres along the Florida Panhandle. The Ecosystem Management Agreement requires The St. Joe Company to go above and beyond standard environmental requirements to protect natural areas in a region known for its biological diversity. The agreement will benefit Bay and Walton counties.

“This agreement provides unparalleled wetlands protection,” said DEP's Northwest District Director Mary Jean Yon. “By taking a regional approach and working closely with our federal partners, we are able to preserve sensitive natural resources and achieve more protection for Florida's environment."

The plan, known as an Ecosystem Management Agreement, covers more than 31,350 acres of St. Joe owned property stretching from West Bay to Choctawhatchee Bay. Three years ago, DEP and the federal government urged St. Joe to take a comprehensive, regional approach to conservation and development that would provide for predictable community growth while affording greater protection to natural lands along the Emerald Coast.

DEP Secretary David B. Struhs praised the Department staff for convincing St. Joe to enter into the agreement. “Florida’s environmental team has secured a commitment that will better protect the resources that matter most. This will avoid traditional piecemeal development that would be insensitive to our desire to protect the entire landscape.”

St. Joe has extensive landholdings in Northwest Florida, some of which is earmarked for residential, commercial and recreational development, which requires environmental permits. The agreement provides protective guidelines for activities associated with building roads, homes and community infrastructure and establishes two mitigation areas for environmental enhancement and restoration.

The agreement is a companion to the general permit under consideration by the U.S. Army Corps of Engineers, which covers more than 47,500 acres including property owned by other landowners. Both the management agreement and general permit determine the extent of land conservation, wetland impact and mitigation before any development gets underway.

"This serves as a national example of responsible growth,” said newly appointed DEP Secretary Colleen Castille. “Not only does the agreement allow the region's economy to grow, it does so in a way that safeguards important water resources and protects the quality of life of those that live and work in Northwest Florida.”

As part of the agreement, St. Joe is setting aside thousands of acres of high quality habitat for preservation. The conservation areas create a two-pronged “Bay to Bay” wildlife corridor linking public land from Choctawhatchee Bay to St. Andrew Bay and preserving the ecological integrity of two of Northwest Florida’s most rapidly developing watersheds.

The public has 14 days to review the agreement before it becomes final. For more information, visit < www.dep.state.fl.us/northwest  >.

Questions and Answers

Ecosystem Management Agreement

The St. Joe Company - Bay and Walton Counties


February 25, 2004

What is an Ecosystem Management Agreement? An Ecosystem Management Agreement is an alternative to traditional permitting that provides a comprehensive, coordinated approach to regional development and provides greater environmental benefits. Use of a binding Ecosystem Management Agreement is voluntary and detailed in Section 403.0752, Florida Statutes.

To enter into an Ecosystem Management Agreement, the applicant must demonstrate that a net ecosystem benefit will result over and above the environmental standards required by traditional permitting.

Who is signing the Agreement? The Agreement is between the Florida Department of Environmental Protection (DEP) and The St. Joe Company. DEP sought input from other state and federal agencies including the U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service, National Marine Fisheries Service and Northwest Florida Water Management District.

Why is Florida using an Ecosystem Management Agreement? The St. Joe Company has extensive landholdings in Northwest Florida, some of which are earmarked for development where dredge and fill and stormwater permits are required. Rather than have St. Joe pursue separate permits for each development, an Ecosystem Management Agreement allows an efficient and comprehensive evaluation of development impacts and results in a development plan that achieves greater sustainability for natural resources.

What does the Agreement do? The Agreement provides stringent requirements for minimizing impacts to wetlands, wetland mitigation, habitat conservation and stormwater management during residential, commercial and recreational development. It authorizes dredge and fill activities and construction and maintenance of stormwater facilities associated with building roads, homes, shopping centers and communities.

Additionally, the Agreement coordinates the regulatory responsibilities of DEP and the Corps in partnership with public and private interests.

How wide an area does the Agreement cover? The Agreement encompasses 31,369 acres of St. Joe Company property in Bay and Walton Counties, including the City of Panama City Beach and Westbay Township. The area is bordered by the Intracoastal Waterway to the north; U.S. Highway 98 to the south; St. Andrew Bay to the east and Peach Creek to the west.

The Agreement also includes two mitigation banks covering 7,686 acres. These large, regionally significant areas are set aside for environmental restoration and enhancement, which is conducted in advance of permitted projects.

Why is the Agreement beneficial? The Agreement provides substantial net environmental benefits and higher standards for stormwater treatment and flood prevention than current regulatory requirements. The plan will result in greater regional conservation that maintains biological diversity, protects waterways and uplands, provides habitat for threatened wildlife, establishes conservation corridors and creates open space for recreation.

How much land is St. Joe setting aside for conservation? St. Joe is conserving 10 areas of high quality habitat comprising more than 13,000 acres. The areas, known as “Conservation Units”, create a two-pronged “Bay to Bay” wildlife corridor and preserve the ecological integrity of two of Northwest Florida’s most rapidly developing watersheds.

The Conservation Units create greenways stretching from St. Andrew Bay to Point Washington State Forest and from the Devil’s Swamp mitigation bank to public lands that connect to the Choctawhatchee floodplain and Bay. The conservation areas also protect wetlands, waterways and wildlife near Lake Powell -- an Outstanding Florida Water.

How were the Conservation Units identified? Areas were selected for conservation based on regional significance, biological diversity, water quality, essential fish habitat and marine resources. The conservation areas are reserved from development and may be used on a limited basis for recreation and to enhance and restore wetlands, and maintain roads.

How are impacts to wetlands minimized? Together with wetlands preserved in the Conservation Units, impacts to low quality wetlands outside of the Conservation Units shall not exceed 20 percent of the total low quality wetlands. Additionally, high quality wetlands would be preserved and would be filled only when needed for road or bridge crossings. To further protect high quality wetlands and Lake Powell, natural land buffers will be maintained adjacent to developable areas.

How will St. Joe offset impacts to wetlands during development? Impacts to wetlands will be offset with wetland restoration or enhancement within mitigation banks, Conservation Units or the project area. Together with the conservation areas, the mitigation banks create a 20,760 acre wildlife corridor linking public land from Choctawhatchee Bay to St. Andrew Bay.

The mitigation banks and conservation areas will be preserved through perpetual conservation easements, which allow property owners limited use of the land while protecting it from development.

Is there an opportunity for public input? Yes. Over the last five months, DEP held two public meetings to answer questions and provide information about the Agreement. The public now has 14 days to review the Agreement before it becomes final. In addition, each individual development project requires approval and must meet the terms of the Agreement. All approvals will be noticed in a regional newspaper.

A copy of the Agreement is available at DEP’s Panama City Branch Office, 2353 Jenks Avenue, Panama City or for more information, visit < www.dep.state.fl.us/northwest >.

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Panhandle Citizens Coalition press release 2/19/04

ASSEMBLY-LINE ENVIRONMENTAL PERMITS FOR ST. JOE COMPANY TO BE ISSUED SOON Coalition of growth management activists and environmentalists denounce permit plans as another give-away to St. Joe. Fast-track permits will cause severe impacts for Bay/Walton Counties. Citizens to be shut out of process.

Citizen groups have learned that outgoing Florida Department of Environmental Protection Secretary David Struhs intends to issue an agreement between FDEP and the St. Joe Company before his departure at the end of February. These groups today denounced both the Ecosystem Management Agreement (EMA) being proposed by FDEP and the Regional General Permit (RGP) being developed by the Army Corps of Engineers (COE) as giveaways to the St. Joe Company, the state's largest developer. The groups said the permits would have potentially severe impacts on the Northwest Florida environment, and also accelerate runaway growth.

Both the EMA and the RGP set up an expedited permitting process in a 40,000 acre St. Joe project area in western Bay and Walton counties. Once the agreements are in place there will be little review of individual projects, no public notice given, and no public challenges allowed. The permits give St Joe additional regulatory advantages over other developers, and with renewals, these permits will never expire.

Struhs announced his resignation last month to work for International Paper as their Vice-President of Environmental Affairs. Many environmental groups are relieved to see him depart, due to his regulatory tilt towards big industries. He lowered standards for them, and made deals that required the taxpayers to foot the bill for addressing pollution problems. "He will be joining the staff of a polluter that he gave sweetheart deals to when he was regulating them. Now as one of his last acts in FDEP, he will give another such deal to the state's largest landholder, " said Art Stewart of the Panhandle Citizens' Coalition. "Issuance of the RGP would violate requirements of the Clean Water Act, because no public notice will be required. Therefore the public will not have a clear understanding of the nature and magnitude of the activities proposed, in order to generate meaningful comments and sustainable challenges," said Linda Young of the Clean Water Network. "Also, the proposed wetland set-asides and conservation areas are a sham, since they could still be filled in by using a regular individual permit." "The EMA contains no specific information for any of the major projects to be considered under this agreement, contrary to state statutory requirements," said Sharon Maxwell of the Northwest Fla. Group of the Sierra Club. "FDEP is automatically giving away 20% of so-called 'low-quality' wetlands throughout the entire project area. There is no incentive to destroy less, which is contrary to its rules of avoidance and minimization. Impact 'credits' may also be transferred to other projects, where up to 100% of wetlands may be destroyed. . This brand-new impact transfer provision has no statutory authority," said Maxwell. "These wetlands are needed to control flooding, recharge groundwater and provide wildlife habitat. Merely enhancing other wetlands will not replace them." "Instead of following the rules that require that a compelling public interest exists for these permits, these agencies seem more interested in making the agreements acceptable to the St. Joe Company. The company naturally would prefer to have one-stop shopping and one-size-fits-all permits in two 'stores' (COE and FDEP) where the public is not invited to enter," said Diane Brown, spokesperson for Citizens for the Bay.

"These permits are so flawed they should surely be subject to challenges in the administrative and legal arenas when they come up for final review," said Linda Young of the Clean Water Network. "There does not appear to be any alternatives' analysis in either permit, and in the case of the RGP, there will be no Environmental Impact Statement. The impacts in the project area are so significant that an EIS should be required. The agencies seem mainly interested reducing their administrative burden and giving this particular landowner a huge benefit in developing its property. They seem to have forgotten why they were created."

Stewart concluded, "FDEP seems to be on a very fast track, trying to push out their permit so that Struhs can sign off on it before he leaves office. These far-reaching proposals should be stopped for now, reviewed and revised to address public concerns and allow public participation in the decision-making. Unless the public is allowed to enter the permitting process, an EIS is required, and all the environmental and statutory problems addressed, these permits should not be issued at all."

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