DCA Frowns on DeSoto County Mining Overlay Proposal

DCA Registers Objections to DeSoto County Mining Overlay

The Florida Department of Community Affairs, the state’s land planning and community development agency, published their response to DeSoto County’s proposed comp plan amendments and mining overlay on their website.

In a series of public hearings in May 2010,  the DeSoto Board of County Commissioners, in defiance of their Planning and Advisory Board and the majority of citizens attending the hearings, voted to transmit comp plan amendments and expansion of their mining overlay to the DCA for approval. Essentially the proposal increased the existing 9,000 acres dedicated to Phosphate Mining  by an additional 17,000 acres to bring the total “Phosphate Overlay District” up to 26,000 acres on the west side of the county at Pine Level (Next to Manatee County’s border). It included part of the Keys Mine & part of the Pine Level Mine. It straddled Horse Creek omitting the previous clause restricting mining from the 100 year flood plan.

The DCA did not approve.

To comply with the transmittal process DeSoto County has to address each of DCA’s objections when the plan is resubmitted for compliance review. In addition the DCA made it clear that by law local governments are required to provide the names and addresses of all citizens who have an interest in the outcome of the plan, and who have given their names and addresses at the hearings of transmittal or adoption. Therefore, if you attending the hearings, and submitted a form to address the commission, please be sure that the county communicates that information to the DCA so that you will be included in a Notice of Intent.

 

The DCA noted in its objections that when DeSoto County updated its comp plan in 2008 “many of the mining related policies that established criteria, buffering and protection of natural resources were deleted. The deletion of these policies reduced the strength of the protection policies for the area.” It sited violations of numerous rules relating to lack of comprehensive planning process for protection of wetlands, water quality, and the natural function of soils, fisheries, conservation of wildlife habitats, rivers, and floodplains. They recommended specific and appropriate buffering between mining activities and agricultural and residential uses, prohibition of mining of wetlands in the 100-year floodplain of the Peace river, Joshua Creek, Horse Creek and Prairie Creek, as well as the unaltered portions of the direct tributaries of the Peace River including Brandy Branch and Buzzard Roost Branch.

The complete DCA report can be viewed online at the following link:

http://www.dca.state.fl.us/fdcp/Advisories/Desoto%20County%2010-1%20ORC_00001.pdf