Captiva Civic Association

Great News! (November 2006)

CCA & SCCF Score Initial Victory for preserving mangroves at South Seas!

On November 8, 2006 Administrative Law Judge J. Lawrence Johnston issued his Recommended Order in the case brought by the Captiva Civic Association (CCA), Sanibel-Captiva Conservation Foundation (SCCF) and the Conservancy of SW Florida  case against the South Florida Water Management District (District) and Mariner/Plantation Development, Ltd. (Mariner/PDL). Judge Johnston recommended that the District deny Mariner/PDL’s wetland permit to bulldoze three plus acres of mangroves on the north east point of South Seas Resort for construction of 24 luxury condos. Specifically, Judge Johnston found that Mariner/PDL failed to reduce and eliminate wetland and surface water impacts to the extent practicable, as required by the District’s rules because:

*  Mariner/PDL had failed to demonstrate that smaller condominiums with little or no impacts to the sensitive wetland environment at Harbour Pointe could not be sold for a reasonable profit.

*  That Mariner/PDL had not proved that reducing the number of units would not be technically feasible or economically viable. Specifically, Mariner/PDL’s profit projections were not supported by any market surveys or other current financial information.

Judge Johnston found that the mangroves which SSP planned to destroy were of high environmental quality and importance, and recognized that “the more important a wetland is the greater extent you would require elimination and reduction of impact.”

The Recommended Order leaves open the possibility that some wetland loss would be approved for the project, if Mariner/PDL eliminates or reduces its impacts on wetlands, the permit could be granted under certain conditions,  including:

*  that the drawbridge from the golf course to Harbour Pointe be left drawn except when in use for road access;

*  that construction access be via the proposed drawbridge only, thereby requiring Mariner/PDL to remove the existing shell road before construction; and

*  that there be no construction dewatering.

Pursuant to the recommended order, all parties will file any exceptions they have to the recommended order within 15 days.  These exceptions are submitted to the District Governing Board for a final decision. Once that decision is made and following any further legal challenges at the District level, the Harbour Pointe development project goes back to the Lee County Hearing Examiner for a revised recommendation to the Lee County Commissioners for final county permitting approval. The Army Corp of Engineers permitting process will follow in addition to permitting review for the drawbridge by the US Coast Guard.

The CCA and our good friends at SCCF and The Conservancy of South West Florida are pleased with the outcome of the Law Judge’s Recommended Order. We have won round one but more permitting agencies steps follow. We are deeply appreciative of the continued support of our members and the other Southwest Florida organizations that have joined in this effort to protect the vital ecology of our barrier islands.

To read the Judge’s order: Click here (pdf file)

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An article of interest from the Captiva Current:

11/24/06:  Judge recommends water district deny permit to develop Harbour Pointe

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