Congratulations on a small Victory for our Collier Friends....

[miamigirlrider]

Wednesday, July 26, 2006

The South Florida Water Management District and the state DEP vowed in 2003 to give the county at least 640 acres of land for ATV riding, but the agencies didn’t meet the Oct. 1, 2005, deadline



Collier County commissioners threatened Tuesday to sue two state agencies unless they find at least 640 acres of land where off-road vehicles can frolic.

The South Florida Water Management District and the state Department of Environmental Protection vowed in 2003 to give the land to the county. Nearly 10 months have passed since the agencies failed to meet the contract’s Oct. 1, 2005, deadline.

The delay raised the commission’s ire Tuesday. Commissioners voted 5-0 to force a meeting between themselves and the water management district’s governor-appointed board to resolve the matter. If that fails, the dispute will head to a courtroom.

“It’s not out of anger, it’s out of frustration,” Commissioner Fred Coyle said, explaining his support for legal action. “It’s been three years and we still don’t have a deal.”

The commission rejected the water management district’s plea for a 30-day extension, saying the additional time likely wouldn’t help the situation. It was the third delay the agency had sought since April.

The commission officially declared that the agencies have breached their contract.

In June, the water management district offered a 750-acre property in Belle Meade to make good on the land swap. The commitment was part of the deal in 2003 in which the county transferred authority over Southern Golden Gate Estates’ weed-ridden roads to the water management district. A $362 million environmental restoration project, a component of the larger Everglades restoration effort, is under way in the failed subdivision.

The Belle Meade site is in the southwestern corner of the Picayune Strand State Forest just south of Sabal Palm Road. Known as Wiggins Field from its days of churning out tomatoes, the property is far from pristine.

But U.S. Fish and Wildlife Service officials have raised concerns about the presence of Florida panthers and red-cockaded woodpeckers on the sprawling property, which is owned by the DEP. Both species are considered endangered.

“Everywhere we find to offer land, we’re going to run into the same problems,” said Ernie Barnett, the water management district’s director of policy and legislation. “Litigation is only going to divide us.”

In its quest to find an off-road vehicle site, the water management district evaluated 16 properties across Southwest Florida. Be it wetlands, wildlife habitat or another factor, all of them have some degree of environmental issues that will cause permitting headaches, Barnett added.

One commissioner threatened to file an injunction to halt the Southern Golden Gate Estates project until a suitable riding spot can be found.

“That may help you to get federal Fish and Wildlife, the Army Corps and all the other agencies out there that are supposed to be working with us to bring this to a resolution,” Jim Coletta said.

Barnett immediately shot down the idea.

“Stopping the restoration of Picayune Strand is a disservice to your citizens of this county and the state,” he said.

Initial soil testing has revealed arsenic contamination above the limit that’s acceptable for residential areas, likely owing to chemicals used during the site’s farming days.

High arsenic readings prompted the county to reject the water management district’s first land offer last year. The proposal called for developing a 628-acre spoil area north of Lake Trafford into a play area for dirt bikes, all-terrain vehicles and other off-road vehicles. The pollution came from the muck that is being sucked from the bottom of Lake Trafford and dumped onto the property.

A meeting between commissioners and the water management district’s likely will happen in mid-September or beyond. The commission is on its summer break until then.

By Jeremy Cox



© 2006 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.

[miamigirlrider]

ATV riding land not yet found, lawsuit threatened Kara Kenney
7/25/2006 6:03:03 PM
       
COLLIER COUNTY: The battle over where to ride ATV's in Collier County may soon head to the courtroom. ATV enthusiasts and Collier County Commissioner Jim Coletta say they're tired of waiting for South Florida Water Management to come up with a piece of land and the lawsuit may be the only option.
For Collier resident and ATV rider Rick Varela, riding an ATV is not just a sport.
"This is something I've been doing since I was 15 years old," said Varela.
Riding ATVs is part of Collier County's history which is why Varela is tired of waiting for South Florida Water Management to follow through on a 2003 agreement to come up with a place to ride.
"I don't think if you give them 30 days or 30 years, the intent was there to fulfill the agreement. It's nothing more than delay tactics," said Varela.
ATV riders and Commissioner Coletta say they're ready to file a lawsuit as a last resort if they need to.
"We have to admit this is not working and get to where we need to be and take legal action where appropriate," said Coletta.
South Florida Water Management originally had until October 1, 2005 to come up with ATV friendly land. But they have asked for several delays since then.
"Collier County is a very sensitive county," said Brad Cornell of the Audobon Society.
The land in question is the 750 acres of land located in Belle Meade, which is also known as Wiggins Field. Cornell says it's important to check out environmental issues such as the presence of woodpeckers and panthers.
"It’s not a passive recreation. It's a very intense recreation. It does a lot of damage. It brings a lot of people and it's noisy," said Cornell.
South Florida Water Management says they are doing the best they can and say a lawsuit won't help the ATV enthusiasts get back in the saddle any faster.
"I think the best we can do is solve the issue and come up with a solution," said director of the Big Cypress Basin Clarence Tears.
ATV enthusiasts say they are happy with the commissioners’ decision to move forward with their lawsuit. South Florida Water Management officials say they are disappointed but they will continue working on finding a suitable place to ride, even with a lawsuit in the works.