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More than 10-thousand acres of seagrasses Fish, Oysters, Clams, Shrimp, Crabs The J.N. 'Ding' Darling National Wildlife Refuge Recreational fishing industry Commercial fishing industry The entire estuary system Southwest Florida's economic future

City Council's letter to FDEP Secretary Sole

Hon. Michael W. Sole FDEP Secretary 3900 Commonwealth Boulevard MS 49 Tallahassee, FL 32399

Re: Comments on the Florida Department of Environmental Protection's Revised Draft of Proposed Changes to Florida's Designated Uses and Surface Water Classification System, F.A.C. 62-302.400

Dear Secretary Sole,

The City of Sanibel appreciates the opportunity to comment on the current draft of the Florida Department of Environmental Protection's proposed changes to the Designated Uses and Surface Water Classification System. We would like to thank the Department for soliciting stakeholder input and incorporating many of our previous comments into the latest draft rule. While the recent draft is substantially better than the previous one, we still have a few items that need to be addressed before we can support the proposed rule changes.

Changes to the existing designated uses structure should be made concurrently with the adoption of numeric nutrient criteria for all waterbody classes, except for Class III-Limited which will have site-specific criteria that would be developed through the Use Attainability Analysis (UAA) process. If this is not feasible within FDEP's timeframe; alternatively, additional language could be added to the rule and/or Technical Support Document (TSD) that indicates that the FDEP will use the EPA's numeric nutrient criteria for freshwater bodies and the interim numeric nutrient criteria for estuaries when evaluating use changes during the UAA process.

Appropriate language should be added to the proposed rule and the Technical Support Document (TSD) that specifies how downstream waterbodies will be adequately protected when an upstream waterbody is downgraded to Class III-Limited. Where use changes are granted, the petitioner should be required to conduct water quality monitoring at an appropriate spatial and temporal scale that will demonstrate that downstream waterbodies are adequately protected. All monitoring programs approved as part of a UAA and reclassification should contain a condition that all data must be uploaded to FDEP Storage and Retrieval database (STORET) so that it can be used for all future Impaired Water Rule (IWR) assessments.

The current language in the TSD reads "Potential candidates for Class III-Limited will be generally limited to& wholly artificial waterbodies& and& altered waterbodies that were dredged, filled, or channelized prior to November 28, 1975." The word "generally" is ambiguous and adds a level of uncertainty that we feel could allow waterbodies other than "wholly artificial" or "altered" waterbodies to be downgraded to Class III-Limited and should be struck to avoid confusion and unintended consequences.

Overall, we feel that FDEP is listening to local stakeholders and as a result we are nearing a rule that we can support. With the addition of the above changes, the City of Sanibel would likely be able to support revisions to the rule. We thank you for the opportunity to comment on the proposed rule changes and appreciate your time and attention to this matter.

Mick Denham, Mayor City of Sanibel

City of Sanibel Statement of Position on Regional Water Issues

October 6, 2009

City Council has approved the following document which will be sent to stakeholders and partners in our efforts to improve regional water quality. It is hoped that these partners will effectively promote these important positions so that we can magnify our efforts by speaking with one voice.

I. Support Acquisition U.S. Sugar Lands and adjacent lands south of Lake Okeechobee should be purchased or otherwise acquired in order to restore a continuous southern flow-way to the Everglades and to significantly reduce excessive water releases from the Lake to the rivers and estuaries on both coasts. The City supports the recent changes to the proposed acquisition announced November 12, 2008 by the Governor that reduces overall costs and the burden of handling infrastructure such as sugar mills and rail lines.

II. Retain Essential Lands SFWMD should retain at least 80% of these U.S. Sugar owned lands to be purchased west of the Lake for the purposes of water treatment and storage before discharge into the Caloosahatchee (see attached map): S-4 Basin Lands; Disston Water Control District Lands, instead of swapping or utilizing them for other purposes.

III. Plan Economic Redevelopment The State needs to work with the local communities that may be adversely affected economically by agricultural conversion to develop alternative opportunities and employment in ways that do not add to the nutrient or other pollutant issues in the Lake, connected rivers or the Everglades. Any Inland Ports (at least 6 potential sites are being discussed) or other economic projects must be located in a manner that does not preclude or significantly diminish flow-way designs south of the Lake or themselves result in stormwater pollution or additional blockage of flow from new roads or rail lines. The proposed Inland Port site at Okeelanta on Florida Crystals lands south of the Lake in Palm Beach County (also called the South Bay site) is an example of a location damaging to a flow-way design that should not be carried forward. There is already some momentum for this inappropriate site with the Palm Beach County Commission and the Port of Miami. A preferable site would be current agricultural lands either west or east of the Lake that are closer to the communities affected and not in the path of the flow-way. A good Inland Port site should also not consist of wetlands or important wildlife habitat. An example of such a site is the Hilliard Brothers property in Hendry County.

IV. Support CRWPP Legislative approval and funding is essential and timely for the Caloosahatchee River Watershed Protection Plan (CRWPP). This plan includes the C-43 Reservoir with an STA (stormwater treatment area) and other important nutrient reduction projects within the Caloosahatchee Basin. Funding for the C-43 project with an STA needs to continue to be supported at both the Federal and State level.

V. Implement Critical CERP Projects The State and Federal Government must not let the sugar lands acquisition project divert momentum from critical Comprehensive Everglades Restoration Program (CERP) projects, without which the southern flow-way would not function. The Modwaters, Decomp, Northern Everglades and Lake Okeechobee Restoration plans should move forward with an accelerated pace. Conversely, all funding and further action on the Aquifer Storage and Recovery (ASR) projects of CERP should be immediately halted as cost-benefit and environmental issues have rendered this program dysfunctional and unlikely to succeed.

VI. Secure Water Reservation for Caloosahatchee To ensure adequate fresh water inflows during dry periods, the City of Sanibel supports Lee County in its efforts to secure a "water reservation" from the SFWMD for the river and its estuary. This reservation would make it more likely to achieve desired "minimum flows and levels" (MFL's), especially during the dry season, for the health of the river and upper estuary. These flows can be critical for fisheries and upper estuarine aquatic life that require at least some freshwater input. It will also serve to help prevent stratification and stagnation, conditions that can lead to low dissolved oxygen levels and algae blooms.

BE WISE IF YOU FERTILIZE

City Transitions from Education to Enforcement of Fertilizer Ordinance

As the rainy season begins, the City of Sanibel would like to remind all citizens, landscape and pest control professionals that frequent and unpredictable summer downpours increase the opportunities for nutrient run-off to enter our local waters. By not applying nitrogen and phosphorus fertilizers, you can be part of the City's on-going effort to minimize local and regional nutrient pollution.

BEGINNING JULY 1ST, FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHORUS MAY NOT BE APPLIED TO LAWNS OR LANDSCAPE PLANTS. Applications of these nutrients, where needed, may resume on October 1 in accordance with the City's fertilizer regulations adopted by City Council in 2007.

Over the last six months, the City has worked diligently to educate its citizens, landscape and pest control professionals, and staff about the harmful effects of improper fertilizer use. To date, the City of Sanibel has:

* Mailed the "Be Wise if You Fertilize" DVD and brochure to all property owners on Sanibel

* Certified 91 fertilizer applicators (http://www.mysanibel.com/Building/)

* Completed training of all Police and Code Enforcement staff

* Given 7 Invited Presentations to island organizations

* Set-up and staffed a Fertilizer Information Booth at 4 homeowners' association meetings and 9 other island events

* Posted 23 Point of Sale displays with brochures

* Developed the City's Fertilizer Education Website (launch TBD)

* Offered 9 native plant tours of the grounds at City Hall

For lawns and landscape plants that may need summer nutrients beyond those available in the soil, consider the following:

* Nitrogen is responsible for plant growth. To achieve a "green-up" without unwanted growth, a micronutrient fertilizer containing iron may be used.

* When you mow, leave the grass clippings on your lawn. As the clippings break down, the nutrients will be recycled back to your lawn.

* Most Sanibel soils have enough naturally occurring phosphorus to support healthy plants. Unless a soil test indicates otherwise, save money and choose "no phosphorus" products year-round.

For more information regarding fertilizer use on Sanibel, view the Sanibel Fertilizer Video at http://www.mysanibel.com/NaturalResources/ or contact the Natural Resources Department at (239) 472-3700.

To report violations of the Sanibel Fertilizer Ordinance, please contact the Sanibel Police Department at (239) 472-3111.

City Council Sets Caloosahatchee Project Priorities

As part of the Caloosahatchee River Watershed Protection Plan (CRWPP), the South Florida Water Management District created a technical working group, including Sanibel Mayor Mick Denham and Natural Resources Department staff. This group has been tasked with developing a list of management measures: projects that will improve water quality in the Caloosahatchee River. The complete list of proposed measures includes 127 projects, some of which will result in little or no improvement on the River's water quality.

The Sanibel City Council has decided at their May 6 meeting to look for consensus with other major stakeholders on several "big bang for the buck" projects. Given the current budget climate in Florida, the best way to get these critical projects funded is through consensus building and by speaking with one voice.

Projects selected for priority ranking by City Council include 1) a filter marsh (stormwater treatment area or STA) for the proposed new C-43 reservoir, 2) Lake Hicpochee storage/flow-way/water quality treatment feature, 3) Centralized Recyclable Water Containment Areas (RWCA's) for storage and treatment of agricultural run-off, 4) Lehigh Acres Centralized Wastewater Treatment and Re-use conversion project and 5) a filter marsh for Billy Creek.

New Lake Okeechobee Water Regulation Schedule in Effect

Following over two years of consensus building and evaluation, the U.S. Army Corps of Engineers announced the final approval of the new Lake Okeechobee Water Regulation Schedule (LORS). This will replace the former "Water Supply Environment" (WSE) water management plan for the Lake. The new schedule, while it does not completely deter the threat of massive water releases from the Lake when heavy rains threaten the integrity of the surrounding Herbert Hoover Dike, does makes improvements to the way the Lake is managed. It seeks to keep the Lake at an overall lower level and authorizes relatively low volume water releases to the St. Lucie and Caloosahatchee Rivers at more environmentally acceptable rates of flow. It also requires the use of public lands for emergency water storage prior to major river releases. With close scrutiny and regular input, it is hoped this new schedule will reduce the number, severity and duration of future environmentally damaging massive releases from Lake Okeechobee.

Lee County Solid Waste Division Announces Operation of Permanent Household Chemical Waste Facility

The City of Sanibel received notification from the Lee County Solid Waste Division that they have opened a permanent Household Chemical Waste Facility located at 6441 Topaz Court, Fort Myers. (See driving instructions from Sanibel below). The permanent facility is open to all Lee County residents from 8 a.m. to 5 p.m., Monday through Friday (closed on Lee County Government observed holidays).

As Lee County taxpayers, Sanibel residents are urged to utilize this facility to dispose of household chemicals in addition to disposal at the City's annual Household Hazardous Waste Collection Day. Residents are particularly reminded, as we approach hurricane season, to clean out old, unused or expired household chemicals that could contaminate local waters in the event of a storm surge. Residents may also dispose of any unused fertilizer not in compliance with the City of Sanibel's recently adopted and amended Fertilizer Ordinance at the permanent Household Chemical Waste Facility.

Household Chemical waste includes the following materials:

*Ammunition *Antifreeze, Gasoline and Motor Oil *Auto/Boat/Motorcycle/Household/Rechargeable batteries *Cell Phones *Fertilizer *Fluorescent Bulbs and Compact Fluorescent Light Bulbs *Medication and Used Syringes/Sharps *Empty Paint Cans and Partially Emptied Paint Cans *Propane Tanks

To package and transport chemicals safely, please take the following precautions:

*DO NOT mix chemicals together.

*Keep products in original containers, if possible.

*Label materials that are not in their original containers.

*Label unknown items to the extent possible. If unaware of a specific product name, provide product category such as pesticide or cleaning product.

*Place containers into cardboard boxes and use crumpled newspaper in boxes to prevent breakage.

*Place leaking containers within a larger plastic container containing an absorption material such as cat litter and seal with a tight-fitting lid.

*Put boxes in the trunk or in back of vehicles away from passengers. If you must transport the products in the passenger compartment, make sure there is adequate ventilation.

*DO NOT smoke while transporting hazardous materials.

For additional information regarding Lee County's new permanent Household Chemical Waste Facility, please contact Lee County Solid Waste at (239) 533-8000, or visit their website located at http://www.lee-county.com/solidwaste/.

Driving Instructions from Sanibel to the Lee County Household Chemical Waste Facility: *Take Sanibel Causeway to Summerlin Road. *Take Summerlin Road to Gladiolus and merge right (east) onto Gladiolus. *Gladiolus becomes Six Mile Cypress Parkway on the east side of US 41/Tamiami Trail. *Turn left (north) onto Metro Parkway. (Sun Harvest Citrus in on the right (south) side of the intersection at Metro Parkway and Six Mile Cypress) *Proceed north on Metro Parkway (Crossing over Daniel's Parkway) *Topaz Court is on the right (east) side of Metro Parkway just north of Crystal Drive. *Household Chemical Waste Facility is at the end of Topaz Court on the left hand side. *Drive up to front door unloading area under the canopy and Lee County staff will unload the hazardous material for you.

Sanibel Pharmacies Agree to Dispose of Unused Pharmaceuticals and Protect Sanibel's Water Quality

Improper disposal of prescription and over the counter pharmaceuticals pass through sewage treatment plants and septic tanks into surface waters, soils and groundwater. Pharmaceuticals can kill helpful bacteria in septic systems and pass largely untouched through sewage treatment plants. The US Environmental Protection Agency has recently cautioned consumers against disposing of hormones and contraceptives that contain hormones, down the toilet or sink as the estrogen can contaminate streams, rivers and lakes. Other pharmaceuticals that have been identified in water supplies include: beta blockers, caffeine, valium, albuterol and anti-inflammatory drugs.

The City of Sanibel encourages residents to dispose of their unused or expired prescriptions and over the counter pharmaceuticals by dropping them off at the following locations:

*Island Pharmacy, 2330 Palm Ridge Road, #12 (239) 472-6188

*CVS Pharmacy, 2331 Palm Ridge Road (239) 472-1719

Each of the local pharmacies has agreed to properly dispose of medications. If you cannot drop your medications off at the pharmacy and must dispose of them in the trash, take the following precautions:

*Scratch or tear your name, address, phone number and medication information off of the label to protect your identity.

*Leave the medication in the original pill bottle and add water. Allow pills to dissolve in water and then add flour or a thickening agent. You can also use an undesirable substance such as coffee grounds or kitty litter.

*Place pill bottles in an impermeable, nondescript container before placing in trash.

By dropping off your unwanted medications for disposal at your local pharmacy, you are protecting your identity while protecting Sanibel's fragile water quality and environment.

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