Area Designated "Density Reduction Groundwater Recharge" (DRGR)

Review and Update

The Smart Growth Committee has asked that the Density Reduction Groundwater Resource (DRGR) Future Land Use Map (FLUM) designation be reviewed. Should the review determine the need for an update of the concept or areas covered, the Committee requests the Board of County Commissioners that a moratorium be imposed on Comprehensive Plan changes that would affect areas currently designated as DRGR.

Background

Lee County transitioned from a rural to an urban county during the 1960s with most development near the shoreline. As the County urbanized more and more, the development pressures moved inland, and areas that were wet or low density agriculture became drained and water resources were removed for their health and property hazards. However, such areas also had remaining water supplies polluted through runoff or through saltwater intrusion moving into areas where freshwater was removed. Consequently, Lee County entered into utility and the resource management. Such programs required technical analysis of the County’ s water resources and how to manage them. Such analyses were conducted by public agencies, such as the United States Geological Survey, and private businesses either under contract to governmental or private concerns. A common theme of the management component of such studies was the protection of recharge capabilities of the surticial and deeper aquifer systems. (Which had an inherent conflict with studies undertaken for stormwater removal)

County protection of such resources was fitful, until the 1991 "Stipulated Settlement Agreement" between the Florida Department of Community Affairs and Lee County (and various interveners) over its Comprehensive Plan. The Agreement had many components, but the ones relevant to the issue of groundwater was that such non-wetland resource areas should have density reduced to one unit per 10 acres. The Agreement itself and its implementation also underwent challenge and it was upheld.

Three areas were originally designated as DRGR, and these areas were the parts of the County that were non-urban, were recognized as having at least recharge of the surficial aquifer, and concurrently, had relatively few drainage works and relatively little settlement. These areas were through time reduced to two somewhat smaller areas through various plan amendments. The two DRGR areas are in NE and SE Lee County. (The third area in NW Lee County is now largely a public preserve). Subsequent technical assessments have indicated the continued resource function, and permit conditions for activities in such areas require compensating mitigation. Assessments by the Florida Division of Forestry indicating high wildfire hazard areas do not include such areas because the continued hydration of these areas reduce risk.

Current Conditions

Urbanization has been moving towards the DRGR designated areas. Urbanization (or more intense rural designations) have been proposed for areas currently covered by DRGR designation, The result of such proposals would remove the ground water resource functions such designation was intended to continue. Lee County, though, is part of a greater water resource management system, which over the last decade has become more and more compelling. In part due to this greater system and in part to public support to uphold current policy, the development proposals contrary to DRGR principles have been largely denied. However, the Smart Growth Committee request is based on a recognition that such proposals will continue, and if the DRGR is to be upheld, it needs review for its continued application and relevance, or such development proposals can have a legitimate expectation of approval. There are several components to current conditions that influence DRGR management and reevaluation for updating. These are enumerated as follows:

1. Local Sources First. Lee County is generally not part of the regional urban water supply delivery system of the South Florida Water Management District (SFWMD). Except for one small water plant on the Caloosahatchee River (which the County is being encouraged to abandon), Lee County has to get its water supplies from local sources. (As does Collier County). Most of the urban areas of South Florida have their water supplies assured by the regional water delivery system of the SFWMD. Protecting such local sources, then, is necessary for the County’ s future growth. The Caloosahatchee River, which delivers water to Lee County’ s estuary, has no additional water to support population growth, according to regional water supply plans. Some areas then will be required to "store" water supplies in order to meet future growth demands.

2. Everglades Restoration. Lee County is part of the area covered by the Everglades Restoration initiative (also known as South Florida Ecosystem Restoration). This joint Federal/State initiative is requiring improved water storage and rehydration, improved water quality, and restored natural systems/habitat for much of the South Florida area. (The State’ s minimum flow and level requirements for aquifers and streams dovetail with this.) These three functions are provided by the DRGR, but not all areas currently so designated. Some Lee County public works and utility proposals will be required to mitigate to new rules and standards responding to the Everglades restoration initiative.

3. The EIS Southern Lee County was covered by a special Environmental Impact Statement of the United States Army Corps of Engineers. This EIS guides Corps permit issuance for issues of water quality, wetlands, and habitat. Permits typically require mitigation not only of the proposal itself, but now is to take into account the cumulative and secondary impacts of the area growth on the resources overseen by the Corps. The DRGR areas (and supporting programs) addresses to a large extent these Corps issues.

4. Impaired Waters. The greatest part of Lee County’ s coastal waters, which draw a large part of the County’ s $2 billion tourism industry, are now designated as "impaired." This means there are varying degrees of health issues for fishing and swimming. These problems can only be addressed with water quality clean up, which commonly occurs with more time for land storage and its subsequent groundwater recharge, and less "fast" drainage into coastal waters. Some remedial actions may add groundwater resources to areas currently not designated as DRGR.

5. Supporting Programs. Various public and private programs have been instituted that support the implementation of the purposes of the DRGR designation. These include the Corkscrew Land and Water Trust (CREW) program in southeastern Lee County, the Conservation 20120 program, the Charlotte Harbor National Estuary Program, the Ester0 Bay Agency for Bay Management (aa result of the FCCU siting settlement agreement), the Estero Bay Nutrient Removal Partnership, and the Southwest Florida Resource Conservation and Development Corporation. The County is also embarking on a more quantifiable conservation and mitigation planning program by which technical outcomes are being expected as components of permit requirements of necessary public works programs.

6. Distressed lands. The technical studies identified some areas as having valuable resource functions that did not ultimately receive DRGR designation, These areas did not get such a designation because they were developed or expected/had commitments to be urbanized Through time, some of these expectations have not occurred, and there is some opportunity for acquisition and restoration or enhanced protection of groundwater resource functions. Parts of Lehigh Acres have this opportunity.

7. Annexations. The City of Bonita Springs has been formed and its boundaries, with additional annexations, include portions of the DRGR designation. Its plan currently upholds the County designations and regulations of such lands, but is undertaking a special assessment of such lands to determine if changes to the designation or management is warranted. Cities by definition are "urban" and lands within cities have a presumption of being urbanized, so continued DRGR management under current conditions would need to be recognized as the compelling public policy.

Update Assessment

The update assessment is recommended to be undertaken in two discrete steps. These are as follows:

1. DATA ASSESSMENT AND UPDATE. Employ a consultant to undertake this analysis. Estimated cost $60,000, time approximately 1 year.

A. Update groundwater resource Geologic data from a decade’ s worth of test well and new well information, regarding recharge accomplishments and potential of aquifers.

B. Determine storage needs of meeting Minimum Flows and Levels (MFL) requirements for various streams and aquifers, (Not all MFLs have yet been established). For areas without established MFLs, assess current actual minimum flows occurring and the actual storage existing.

C. Determine the forecasted utility, agriculture, mining, public safety, and domestic water supply needs of the county that need to be satisfied "locally." (This is contained in various existing and ongoing planning efforts, such as the Southwest Florida Feasibility Study and the forthcoming updates of the Regional Water Supply Plans)

2. ANALYSIS AND POLICY REVIEW. Staff (with current staff or OPS) will be compiling and performing an initial assessment of other Federal, State, or regional policy that affects groundwater resources while the data assessment and review is undertaken. Based upon the results of Step 1, and the policy review, an additional consultant contract may be recommended.

D. Assess which groundwater resource areas are going to meet the demands of B and C.

E. Assess whether the overlying land use designations of those areas so identified will accomplish this storage.

F. Recommend which land use designations and locations need adjustment. (Is there an appropriate match between the designation and the resource)

G. Assess whether the current county management, incentive, and regulatory program will implement the land use designations as expected, and if not, recommend which changes are needed.