Estero Council Of Community Leaders (ECCL)

Estero Council of Community Leaders (ECCL) 23650 Via Veneto, Unit 604 Bonita Springs, Florida 34134

March 31, 2009

Harry W. "Skip" Bergmann U. S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, FL 33919

Dear Mr. Bergmann: RE: Troyer Brothers Mine - # SAJ- 2008-3793 (lP-hwb)

We have reviewed public notice SAJ-2008-3793 (IP-hwb) dated March 12, 2009, regarding Troyer Brothers’ proposal to construct and operate a limerock mine and processing facility.

As an community organization representing about 40,000 Lee County residents located downstream of the proposed mining site we are strongly opposed to this proposal and urge you to reject it. We have been working closely with Lee County for several years to plan and protect the Density Reduction/Groundwater Resource (DR/GR) area in which the Troyer Brothers property is located.

In the process Lee County has allocated about $1.4 million for planning the area and to create an expanded water model that will provide the County with the ability to evaluate the impact that new zoning applications, including mine applications like this one, will impact the historical water table on and around the site.

The report by the County’s planning consultant, Dover Kohl and Partners, entitled “Prospects for Southeast Lee County” (see http://www3.leegov.com/dcd/CommunityPlans/SELC_DRGR/FinalReport.htm ) projects the Troyer Bothers property and the area surrounding it as an area that should be restored so that it can perform its historic flowway function and that it not be included in the DR/GR’s preferred mining area (see Chapter 4). As evidence of this fact is that the site is directly adjacent to environmentally sensitive lands including those recently acquired by the Lee County Conservation 2020 program, an active SFWMD mitigation restoration project, and the SWF International Airport Mitigation Park.

As Appendix 2 Of the Dover Kohl Report shows in great detail the DR/GR section of Lee County has been supplying all seven southwest Florida counties from Sarasota to Collier with 80% of their aggregate rock needs for the last 25 years and the existing permitted mines and the partially permitted Florida Rock #2 mine would permit the county to continue to provide this supply for the next 20 years. The demand for Lee County limerock should decline substantially in the future because of the increased supply becoming available from aggregate supply handling capability expansions at the Ports of Tampa and Manatee and large new aggregate mines recently permitted in Collier and Palm Beach counties. The attached summary provides more detail on this subject.

This County’s extensive DR/GR research resulted in amendments to the mining sections of the Lee Land Development Code in the fall of 2008. Further research is now underway in support of Lee County Comprehensive Plan and further Land Development Code changes.

In addition the Estero community objects to this project because it will also result in:

 substantial and unacceptable adverse impacts to wetland and aquatic resources of regional importance including Estero Bay

 unacceptable impacts to endangered species including the Woodstork and Florida Panther

 unacceptable adverse impacts to our community as a result of the hundreds of dump trucks that will be traveling daily on the congested roads of our highly commercial community. Estero is rapidly becoming the retail center of southwest Florida with nearly 4 million square feet of commercial space and another 6 million authorized by the existing zoning.

In conclusion, we object to the issuance of this permit. This recommendation is based on 1) the highly questionable demand for more Lee County aggregate than has already been permitted over the next several decades, 2) the applicant’s failure to provide adequate assurance that the activity will not result in permanent adverse impacts to hydrology, surface water flow, habitat, and natural systems, 2) the potential for adverse impact to federally listed endangered species, and 3) anticipated adverse impacts to community character in the vicinity of the mines and on the roads of the surrounding communities like Estero.

We appreciate your consideration of our comments and recommendation. Please feel free contact me at (239) 273-9493 if you would like to discuss this further.

Sincerely,

Donald F. Eslick Chairman