County’s Decision to Eliminate Mining Overlay Map is Still Being Challenged

Sakata Seed Corporation, Sakata America Holdings, Inc., and Harlan and Linda Nelson have filed a petition challenging recent Lee County staff-initiated amendments regarding mining.

These amendments eliminate mining overlay map (Map 14), revise Table 1(b) to delete mining acres, and remove language requiring mines not on Map 14 to meet a “clear necessity” test based on a supply and demand analysis tied to the Lee Plan.

There’s no role for public input in this process.

The administrative hearing will be held in Downtown Fort Myers at the Justice Center. It’s open to the public to attend. However, the only allowable testimony is presented by each party to directly support their case.

The case is set for an evidentiary hearing on October 22, 2019.

This challenge is about the overall deletion of Map 14 (the Mine Overlay Map). It’s not directly about the recent BoCC decision approving the Troyer Brothers’ mine application.

County staff are likely to provide the only testimony on the county’s behalf. Planners Greg Stuart and Bill Spikowski will be expert witnesses for Sakata et al. The Nelsons will testify to support their claim to have legal standing to participate.

Lee Future thanks Sakata and the Nelsons for keeping up the fight.

If successful, it will make a big difference for Lee County’s water supply, flow-way restoration, and overall quality of life.

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1 Comment

  1. PW on September 10, 2019 at 11:23 am

    God Speed Sakata and Nelsons, so much at stake in our precious DRGR. I sincerely hope ECCL”s fundraising efforts are helping support the cost of expert witnesses.

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