The State of Florida Division of Administrative Hearings administrative law judge has found in favor of Lee County’s approval process for lime rock mining, including its deletion of Map 14.

The judicial finding helps to solidify the county staff’s 2019 amendments to its Lee Plan

“Lee County is one step further toward resolving regulatory ambiguity on the mining issue,” Commissioner Cecil Pendergrass said is a prepared statement released last week. “After two years of not being able to talk about this pending case, I’m happy that residents and businesses now are informed of the true facts. Some individuals and groups tried to make this issue a political platform and provided false information to the public. The courts have ruled that Lee County staff’s work and commissioners’ actions were consistent with land-use laws, and the community and environment have been protected.”

The county’s decision had drawn opposition from nearby businesses and residents.

Map 14, a plan originally created by Lee County in 2010, was meant to condense the mining activity along the Alico Road corridor, as well as determine the location of existing and future lime rock mining activities.

Administrative Law Judge Francine M. Ffolkes found that the county’s 2019 Mining Lee Plan Amendments were in compliance with state law and ruled against challengers Sakata America Inc. and Linda S. Nelson.

In her June 16 decision, Ffolkes found in favor of the county and recommended that the Florida Department of Economic Opportunity confirm Lee County’s 2019 Plan amendments on mining.

Sakata Seed America Inc., an agricultural business situated along SR82 within the DRGR, was one of two parties named in the case. According to Randy Johnson, Branch Manager from Sakata Seed America Inc., the court’s decision is disheartening.

“We are very disappointed that Lee County has decided to deregulate lime rock mining while there is still plenty of supply available to meet regional demands for decades. Map 14 was created by Lee County to conserve natural resources in the DR/GR, which includes groundwater, lime rock, wildlife, and farmland. Previous court cases have supported the validity of Map 14, but this illustrates how policies and judicial rulings ebb and flow over time. We will continue to operate our research facility while monitoring possible incompatibilities of the mine with our activities. We have a right to continue operations without interferences,” Johnson said.

During the public hearings for adoption of the 2019 Plan Amendments, those opposed to the plan amendments including Sakata Seed America Inc., local representatives, environmental groups and members of the public stated that:

n The 2019 Plan Amendments were inconsistent with State Law;

n The removal of Map 14 would lead to deregulation of mining in Lee County; and

n The existing Lee Plan provisions were clear and should be maintained.

According to a Lee County media release, the ALJ rejected the above arguments made by the petitioners and found that neither of petitioners’ consultants were able to demonstrate that the 2019 Mining Comp Plan Amendments created any actual internal inconsistencies with any provision of the Lee Plan.

The ALJ found that “under the 2019 Plan Amendments lime rock mining continued to be regulated by the Lee Plan” and that Chapter 12 of the Lee County Land Development Code “extensively regulated lime rock mining even after the 2019 Plan Amendments.”

Based on these findings, the ALJ recommended that the Department of Economic Opportunity “issue a final order determining that the 2019 Plan Amendments adopted by the County on June 19, 2019, are in compliance” with State law.

A final order from the DEO related to Map 14, State Road 82 is expected later this month. For more information, visit www.leegov.com/mining.