Editorial: Lee mining study has major holes

Commissioners should consider outside help to get complete report

Like it or not, mining is an industry essential to Lee County.

Virtually everything it takes to build a road or a home, comes ultimately from our rock and fill mines. If mining leaves Lee County, certainly a lot of people would be happy, but the cost of transporting these materials from other locations would significantly increase the cost of any construction here.

Unfortunately, however, the Lee County planning staff’s “Strategic Mining” report, which went to its first public hearing June 10, is only a half-hearted attempt based on little research and even less science to find ways to protect mines from residents and residents from mines, and to protect water resources which in some areas could be threatened by mining.

For example, in regard to the topic of “General Revisions to the County’s Mining Regulations,” the staff suggests that it “could evaluate other jurisdictions’ mining regulations for applicability in Lee County.” Shouldn’t that be a starting point for any researcher?

Further — and on this point it is not clear whether the commissioners gave staff the proper direction — the report does not address the significant problems of truck traffic, except to address a fee to mitigate the effect of mining on roads.

Residents complain about mining trucks creating hazards by speeding along their roads, tailgating and such. Because many of the truckers are independent contractors paid by the load, residents say, they don’t follow the law. Mine operators say they have no control over the truckers.

At the June 10 public hearing, even planners admitted that their proposed “potential mining area” map, which is key to any plan, is insufficient and needs to go back to the drawing board. Before people locate or land changes hands in the potential mining area, property owners would have to sign recorded disclaimer notices that they are aware of potential or future mining activities nearby. However, the staff stopped short of recommending this be done.

The report does not address blasting because that regulation has been taken out of the county’s hands and placed with the state fire marshal.

All that said, the report does have some good suggestions. For example:

• It notes that Lee County policy supports efforts to connect rock mining lakes into a system of interconnected lakes and flowways “that will enhance wildlife habitat values, provide for human recreation, educational and other appropriate uses and strengthen environmental benefits.” It notes that this policy has never been implemented in the Land Development Code.

Such reclamation could provide enormous public benefits. Let’s get a plan into the development code ASAP.

• The report notes that staff routinely proposes conditions to mitigate the effects of requested mines through the rezoning process. These kinds of conditions “could be made a permanent part of the county’s Land Development Code.” Let’s do it.

Another concern of ours is whether the county has been doing sufficient oversight to make sure the mines actually satisfy the conditions added during the zoning process and whether the existing code is properly enforced. We know in some cases it has not. All the rules in the world won’t help if they aren’t being followed.

• Staff mentions a non-mine development project in Collier County that incorporated rock material on its site into the development rather than burying it or trucking in material from a mine. This could be a good idea in certain cases to cut down on truck traffic and conserve rock resources.

In short, much more work needs to be done.

New performance standards to be proposed by planning staff Tuesday should be strongly considered by commissioners, as initial steps in dealing with some of the problems in mine operations that have plagued neighbors.

But if the county staff doesn’t have the resources to do a comprehensive study, commissioners should farm it out to someone who does. This issue is too important to settle for half-measures.

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