Preserving and protecting our rural neighborhood

Kevin Hill

Qualities / characteristics of Corkscrew to be preserved:

Issues / Concerns facing Corkscrew to be addressed:

Services / Amenities that we’d like to see in Corkscrew:

Where do we live?

Why do we live “out” here?

Why do we live “out” here?

Why do we live “out” here?

Why do we live “out” here?

Why did we choose to live in a mining area?We didn’t! – We were here firstThere were no mines on Corkscrew Road. Westwind / Estero Group was a lime / avocado grove.Corkscrew Road was 9 miles of dirt road.The County specifically identified Alico Rd/Green

Meadows corridor as mining area on Map 14. We had no reason to suspect that they wouldn’t

continue to observe this.Mining came after us – and harmed us with their

impacts, and continues to harm us with their impacts.

The mine chose to operate in an established rural residential area. And they misrepresented this fact to secure their permit.

Why is there a mine here now?The single operating mine on East Corkscrew

Road – Westwind - established itself by means of a calculated, systematic intensification of use – from small, benign special exception dirt mine, to larger dirt mine, to a deeper rock mine.

It is a technique which allows them to escape the scrutiny of the public who will bear the impact.

It is a technique which represents a gross misuse of Lee County’s regulatory and zoning process.

It is a technique which fails the citizenry that these regulations are supposed to protect.

Mines attract mines. We have evidence that shows that Westwind secured

their zoning permits based on misrepresentations of fact.

We have evidence that they operate their mine without regard to many of the conditions set forth by the County in their 2001 permit.

But despite these facts, the very existence of this operating mine provides justification to the County Staff to recommend approval of another mine next door.

County staff makes that admission in their staff report in reference to the abutting Westwind mine.

Mines attract mines.

Cumulative impacts. I believe it is an oversight that neither the

applicant nor the county staff is required to consider the cumulative impacts of two adjacent mines.

What are the cumulative hydrological impacts of these two mines together?

What are the impacts to the community when yet another half-mile of road frontage is changed from cow pasture to pits, dirt piles, draglines and berms?

What message do we send to the eco-tourists who travel Corkscrew daily to enjoy the CREW trails and Audubon Sanctuary?

What are the impacts to wildlife? What are the long term impacts to listed species,

like the pair of Caracara I often see feeding in front of the Estero Group property.

Like the sandhill cranes I see feeding in the pastures. Like the two panthers killed on Corkscrew Road in

the last 18 months. Like the woodstorks I see feeding in the disturbed

wetlands. The applicant’s expert says that they will fare well.

My expert says they won’t. You can guess what my common sense tells me.

What is a “predominantly residential area”? The Lee Plan Policy 7.1.9 states that “Industrial development will not be

permitted if it allows industrial traffic to travel through predominantly residential areas”.

We do not believe that the intent of Lee Plan Policy 7.1.9 is to discount the welfare, safety, or quality of life for rural residents by allowing industrial development to route industrial traffic through our neighborhood.

Lee Plan Policy 5.5.5 states that Lee County will "protect existing and future residential areas from any encroachment of uses that are potentially destructive to the character and integrity of the residential environment."

We do not believe that by virtue of our rural lifestyle, the county intends for us to accept the encroachment of uses that are potentially destructive to the character and integrity of our residential environment.

We will not be discounted.

Bad neighbor evidence:It is well established that one of the basic legally

protected property rights of any landowner is the right to quiet enjoyment of their property. This is particularly true with regard to a person’s home. I used to enjoy the peaceful quiet of my home. I used to like to have a cup of coffee on the back porch and watch the sun come up, and listen to the birds.

I can’t enjoy that anymore. If I try, what I hear is backup beepers, diesel dragline engines, popping steel cables, clanking drag link chains, squealing excavator tracks. I hear roaring dump truck engines, whining tires, squeaking brakes, and bellowing jake-brakes.

I’d much rather hear the birds.

Permit ConditionsPermit conditions are not observed, are not

enforced, and indeed, are not enforceable. This mine operator and others have a legacy

of this. Here are some examples:

Operating Hours

Days of Operation

Noise mitigations

Environmental protections

8/10/2007 Reinspection – Westwind Mine: Fueling vehicle mentioned in Pollution Prevention Plan that was required for the renewal permit reveals leaks to soils. Plan required no leaks and prevention of discharge while fueling.

These tanks were previously in the containment system mentioned in part “A” of this report and documented in the previous report dated 12- -05 .

Most of containment system has evidence of petroleum discharges. A damaged barrel of unknown contents sits within containment system on the unsealed floor. System is not protected from the weather.

Mechanical repair/maintenance building which was permitted for bona fide agriculture use only is now the main mechanical repair/maintenance facility for Westwind Mines.

Dead trees – Hill property1988 2003

Traffic safety

Truck traffic

Community aestheticsOur mine won’t impact the aesthetics of your

rural lifestylephotos of green spaces vsphotos of mining moonscapephotos of trucks lined up at mega-mine

Traffic study data Westwind’s 2001

IPD Permit. App stated 284

trucks per day Mine reported

700 trucks per day

In 2003, resident Mike Bray (retired police officer) counted 1236 trucks per day.

Estero Group says we'll only add 414 trucks per day.

The math suggests 1800+ additional trucks per day!!!!

284414

1236

1802

0200400600800

100012001400160018002000

Westwind 2001

Estero Group 2007

Dai

ly tr

uck

trip

s

Stated vs. Actual Truck Traffic

Claimed

Actual

Estimated

Depth condition enforcementHow are conditions related to depth of

excavation enforced? Who does it? How often?

Bathymetric surveys conducted by engineering firm hired by the mine. They certify its accuracy and place their seal on the report. Who verifies this report? What’s at risk if it’s wrong?

General condition enforcementHow to reconcile two adjacent mining operations??

same owners

same operator

different rules

When we feel a blast which Westwind is permitted to do, how do we know it isn't Estero Group's?

When Estero Group fills its truck quota, what prevents them from sending out Westwind's gate?