OKEECHOBEE – The Federal Aviation Administration shares the Okeechobee County Commission’s concern about a stormwater treatment facility planned between the Lazy 7 subdivision and the Kissimmee River in Okeechobee County.
In a Sept. 27 letter to Airport Director John Hurst, FAA Environmental Protection Specialist Peter Green explained his office has reviewed the proposed development of the Lower Kissimmee Basin Stormwater Treatment Area (LKBSTA) and found it does not comply with the hazardous wildlife attractant separation distances outlined in FAA guidelines.
“This man-made wetland and marsh habitat is likely to attract a wild variety of wildlife, including avian species hazardous to aviation activity,” he wrote.
“The FAA recommends against establishing artificial marshes within the separations identified in the AC (advisory circular). Wetlands, including constructed wetlands, can also be attractive to many types of wildlife, including many of which rank high on the list of hazardous wildlife species listed in Table 1 in 1AC 50.5200-32B, ‘Reporting Wildlife Strikes. Table 1 in this AC includes a composite ranking (1 equals most hazardous and 50 equals least hazardous) and the relative hazard score of 50 wildlife species with at least 100 reported strikes with civil aircraft based on three criteria (damage, major damage and effect on flight),” Green wrote.
“The LKBSTA, as described will be a very desirable habitat for wading birds,” he wrote. “The existing South Florida Water Management District (SFWMD) STAs are coveted for both their bird watching and waterfowl hunting opportunities.”
Based on the existing data, FAA recommends the proposed STA be located outside the 5-mile separation distance from the Okeechobee County airport. The current plan for the STA is within the 5-mile radius of the county airport.
County Administrator Deborah Manzo said she received a letter from the Avon Park Airforce Range with concerns the LKBSTA is on a military low altitude high speed training route. They expressed concerns about increased bird strikes impacting military aircraft.
Pilots who live in the Sunset Airstrip and River Oak Acres subdivisions also spoke of the dangers of bird strikes. The flight paths for both private airstrips goes over the area planned for LKBSTA.
Okeechobee County Commission Chair David Hazellief said he has received conflicting information from South Florida Water Management District (SFWMD). He said the commission asked to be on the agenda for a SFWMD governing board meeting, and at first were told they could be on the agenda, and later told they could not be on the agenda but could speak during public comment. Later they were told they could be on the agenda and could bring handouts, but not a power point presentation.
“If the company that is getting the taxpayers money can do a presentation, why can’t we?” he asked, “Let us be on the agenda. We think we deserve that right.”
Hazellief said the county commission and the residents support efforts to clean water before it goes into Lake Okeechobee.
“I don’t think anybody in this room is against the concept. It’s the location,” he said. “I was told this was the only property they could find. I have yet to find anybody in this county that was approached and I’m in the Real Estate industry,”
Jeremy Larue said he is a pilot who lives on S.W. Ninth street and flies in and out of that community, He said the LKBSTA is directly off the approach for Sunset Airstrip as well as for the county airport.
Andrew Corsetti, also a pilot, said the approach path to River Oak Acres airstrip goes directly over the area planned for the STA. “The property on the south side of the river is already owned by SFWMD,” he said. He suggested they rehydrate the wetlands around the old bends in the river on the south side of the river channel.
“That would be perfect instead of taking good land,” he said. “Who knows what future development that land could be used for. It may be important.
“We’d love to see the water being cleaned up that is going into Lake Okeechobee. We just don’t like this location,” he added,
“We can find a better location at a lower cost,” said Jim Craig, chair of the Okeechobee County Republican Party.
“This project is like an arranged marriage,” said Scott Hunt, a pilot who lives on the area.
“Birds and airplanes don’t mix,” he said. “The FAA knows this.”
Letter to SFWMD
The county commission agreed to send the following letter to SFWMD Executive Director Drew Bartlett:
As a follow-up to our earlier letter (dated August 3, 2023), the Okeechobee County Board of County Commissioners (BOCC) continues to oppose the proposed Lower Kissimmee Basin Stormwater Treatment Area (LKBSTA) Project in its current location and is requesting the South Florida Water Management District (SFWMD) Governing Board oppose and discontinue its consideration of the design and construction of the LKBSTA project by Ecosystem Investment Partners Florida Water Quality, LLC –Ecosystem Investment Partners, LLC (EIP), which would include the proposed expansion of this project to include the adjacent property that is either owned and/or controlled/managed by HGS, LLC d.b.a. RES Environmental Operating Company (RES).
Please note that as previously stated, each member on our commission is an advocate and strong supporter of the need for STA’s within our region to reduce nutrient discharges prior to entering Lake Okeechobee. However, together with the district, we must be concerned and respectful of the negative impacts that this facility will bring to our community and develop/identify opportunities to improve the environmental issues that we are challenged with today without placing a significant impact on our homeowners and property owners.
Further, with respect to your commitment to ensuring that the County Commission maintains a voice within the decision making process for this project, we appreciate your assurance to provide the County Commission an opportunity to speak and represent our concerns with the LKBSTA project to the SFWMD Governing Board at an upcoming meeting and wanted to say Thank You…
This opportunity will provide the members of the Okeechobee Board of County Commissioners with a chance to provide the governing board and district staff with an understanding of the concerns that our Commission, residents, businesses and stakeholders have with this proposed project and the real impacts that we will experience if this project is permitted to proceed by the SFWMD.
Also, we would request that the district permit the county to provide a Power Point presentation to ensure that board and public can view the documents/maps as they’re being discussed.
In advance of speaking to the governing board at a future meeting, the BOCC would like to restate and ensure that the district’s governing board is aware of the issues, impacts and concerns that our citizens and community have with the LKBSTA project and why the Okeechobee Board of County Commissioners are not in support of the proposed project, including:
1. A lack of transparency related to the proposed LKBSTA project development, impacts and cost.
• Limited information on the District’s website related to competitive selection of EIP, owners of the proposed property to be developed as the LKBSTA, to complete the design/build of the property in the amount of $300 million.
• In fact, only one document was found when utilizing the search function within the District’s website – “Lower Kissimmee Basin Stormwater Treatment Project” presentation by Ms. Jennifer Reynolds – Division
Director – Ecosystem Restoration & Capital Projects Division – December 9, 2021.
• To date, this project has progressed through the District’s design stage without notice to the public nor the acceptance of comments/suggestions from the community.
• Our residents, businesses and stakeholders should have the opportunity to voice their thoughts and/or concerns on this significant infrastructure project during the conceptual (or feasibility) stage.
• Public awareness on the progress of this project was limited until recently.
• No public or community meetings were held and/or notifications were sent out to potentially impacted property owners until (or around) August 29, 2023, which was requested by the Okeechobee County Commission on
June 26, 2023 [two public meetings were held on the same day at the Okeechobee County Civic Center].
2. There are better options that are available today that do not threaten the safety of our community’s homes and are not nearly as financially taxing to our residents and
businesses.
• Our homes are one of our greatest investments and the safety and cost impacts that this project would create are valid to real concerns/fears for our homeowners in this area.
• New flooding concerns have emerged due to a lack of understanding by the District’s selected firm – EIP Florida Water Quality, LLC – on the current structures within the area (i.e., finished floor elevations, surrounding neighborhood drainage infrastructure needs and/or concerns, etc.) and the expected design of the proposed project.
• The potential for flooding as a result of this project is expected to negatively affect home and property values in close proximity to the proposed LKBSTA project and may now be required to carry additional flood insurance (which is not required today) for these homeowners and would
place an unnecessary financial burden on many residents.
• This project may increase the risk to our property owners who may experience rate increases (above the significant increases that we are already seeing within our County and throughout the state of Florida before this project is constructed) and/or losing their homeowners insurance entirely due to the inherent flooding that will occur from this project or losing their home due to flooding.
• Residential property owners within the area of the proposed project have also outlined/voiced additional concerns and impacts that may affect their homes/property and quality of life, including:
-- Noise
-- Dust
-- Loss of peaceful living (i.e., construction, recreational activities, etc.)
-- Impact to existing habitat and degradation to endangered, threatened and/or protected species (i.e., bald eagles, etc.)
-- Increase in alligators, mosquitos and other pests
-- Flooding of State Road 70, which is an emergency evacuation route
-- Loss of farm land to support our state’s and country’s food needs and/or economic development opportunities for water storage purposes
-- Proposed leaching of phosphorus to continue from the Kissimmee River without corrective solution (should be addressed prior to this project being considered)
3. This project, if developed is too close to three airstrips, with one being the Okeechobee County airport, which is one of the most significant economic development tools that the County maintains in an effort to attract jobs and resources to our community.
• The proposed project does not comply with the County’s Airport Zoning regulations with the County’s Land Development Code - specifically, Section 3.01.03.F – Airport zones and airspace height limitations. – Other areas., which states “In addition to the height limitations imposed in paragraphs A through E above, no structure or obstruction will be permittee within Okeechobee County that would cause a hazard to air navigation.”
• The District’s proposed LKBSTA project is expected to create significant safety issues with aircraft on approach to runway 05 as the wetlands will attract hazardous birds and lead to non-compliance with applicable grant assurances.
• Federal Aviation Administration (FAA) Advisory Circular 150/5200-33C Subject: Hazardous Wildlife Attractants on or near Airports, states for all airports, the FAA recommends a distance of 5 miles between the closest point of the airport’s aircraft operations area and the hazardous wildlife attractant and special attention should be given to hazardous wildlife attractants that could cause hazardous wildlife movement into or across the approach or departure airspace.
• The SFWMD’s website [Stormwater Treatment Area 5/6 (STA-5/6) | South Florida Water Management District (sfwmd.gov)] provides the following related to promoting wildlife within their STA’s, which is expected to lead to real safety issues for airplanes utilizing the County’s Airport:
“STAs provide another bonus – prime home and visiting territory to wildlife including wading birds, ducks and American alligators. A variety of nature-based recreational activities are allowed at several of these wetland locations.
“Located on approximately 17,000 acres in eastern Hendry County, Stormwater Treatment Area 5/6 (STA-5/6) has become one of the premier bird-watching areas in Florida through a long-standing partnership with the Hendry-Glades Audubon Society. More than 200 bird species have been spotted at STA-5/6 on the seasonal, guided bird-watching tours offered by the local Audubon chapter. The site is also popular as a waterfowl hunting area managed by the Florida Fish and Wildlife Conservation Commission (FWC).
“Access to STA-5/6 was expanded in 2013 with a public use area with shell-rocked parking, an informational kiosk, restrooms and a trail that includes a covered shade shelter and a boardwalk. Hiking, bicycling and bird-watching are among the activities visitors can enjoy from the public use area. In addition, a portion of the Florida National Scenic Trail runs along the L-3 levee on the west side of the STA.”
• The proposed LKBSTA project is being planned to be developed on the RIO Ranch property in western Okeechobee County (adjacent to State Road 70) to address one of the highest nutrient contributors in our region – the Kissimmee River (according to the SFWMD). The River and natural or historical flow/drainage is bringing in significant amounts of phosphorus into the Okeechobee community from other areas around the central Florida areas and the properties within Okeechobee County are being utilized to
attempt to clean the water from other areas of the state.
• There may be better financial options to remove the projected phosphorus nutrient load then this proposed project (and location), including, but not limited to, septicto-sewer conversion, which provides a high reduction of phosphorus at a low cost.
• Phase One of the District’s project is expected to cost up to $300,000,000, which would require significant tax-payer funding support to not only design and construct this proposed facility, but it would also require an amount of annual funding to support the operations, maintenance and staffing for this project.
• There have been conflicting statements regarding the total amount of nutrients that are expected to be removed on an annual basis if the LKBSTA is constructed. 13 to 15 metric tons of phosphorus per year is expected to be
removed depending on design as outlined within the “Lower Kissimmee Basin Stormwater Treatment Project” presentation by Ms. Jennifer Reynolds – Division Director – Ecosystem Restoration & Capital Projects Division – December 9, 2021. 9 to 10 metric tons of phosphorus per year is expected to be removed according to Mr. Kyle Graham with EIP during the first Public Meeting on August 29, 2023.
• The proposed project would not provide for the rehydration of deteriorating on-site wetlands as represented to the Okeechobee community.
Unanimously, the Okeechobee County Board of County Commissioners, on behalf of the citizens of Okeechobee County, is urging the SFWMD Governing Board as well as the District’s executive leadership to reconsider this project due to the many safety concerns and impacts that it will have within our community.
Thus, the County Commission is requesting the SFWMD’s Governing Board to vote against any request to proceed with this project in its current location during your upcoming discussion and consideration of the inclusion and/or expansion of the project to include the RES property into the District’s larger LKBSTA project (expected in early 2024). Additionally, we are requesting the Governing Board to oppose and vote against moving the entire project from the design stage to the implementation stage (within its current location), which is being completed by the District’s
selected firm – Ecosystem Investment Partners Florida Water Quality, LLC (EIP).
Additionally, based on our community’s concerns and issues outlined above, the Okeechobee County Commission is requesting the District’s Governing Board to strongly consider other options/locations to build this type of stormwater treatment area (STA) project, including north of the State Road (SR) 60 or in the northern portion of the County on the +/- 40,000 acres of land where several government agencies maintain ownership and/or flowage easements (Kissimmee Prairie Preserve State Park).
Thank you in advance for your consideration of our concerns as well as your support to find better solutions (and locations) to this important environmental issue while also protecting the safety of our community’s homes and citizens’ quality of life.
Should you have any questions and/or require additional information regarding our County’s position on this project, please do not hesitate to contact either myself or Mr. Richard Reade, Deputy County Administrator at 863.763.6441 .
Respectfully submitted,
David Hazellief, Chairman
Board of County Commissioners
