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Current Concerns

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Friends of Lake Apopka Position Paper April 2012 - Introduction

In an on-going effort to support the restoration of Lake Apopka, the Friends of Lake Apopka (FOLA) have found it necessary to provide continual evaluation of the process as well as any threats to the project. Our original vision of the restoration was to get back to the original condition as much as possible, providing an ecosystem-based, science-supported process that restored the shallow north shore marshes (NSRA) back to a valuable system, the lake back to a productive fishery and surrounding wetlands and uplands to provide diverse habitats.

The restoration project is working. Anyone who disputes this probably does not consider the complexity and scale of this massive project or are unwilling to consider the data. Phosphorous levels continue to drop, water quality has increased considerably, mercury levels are lower than many clear lakes and we are now seeing recruitment of large beds of eelgrass. Fishing has also improved with some fairly large bass being taken.

One of the major problems we now face stems from competition for restoration goals by various groups. Fisheries management would have the north shore marshes flooded to provide deeper water for fish habitat and a bid to allow more proliferation of hydrilla in part of the lake. A recent plan to allow water levels to remain high during the winter was reversed when SJRWMD allowed the dam to be opened to increase water levels in Lake Griffin, which caused drying of some eelgrass around the perimeter of Lake Apopka. A recent proposal to allow development of a large sewage sludge compost facility on adjacent farm lands was narrowly defeated. The most serious threat now being promoted is the development of an airport that will service small jets. This could compromise the entire restoration project on the Lake Apopka basin, which has already cost over $150 million to date. Details and the FOLA positions on these issues are included in the attached Position Paper-2012.

Current trends that allow politics to trump science are particularly alarming. Interested citizens who understand these issues are urged to get involved. Support the Friends of Lake Apopka and keep up with the details on our website (FOLA.org). Visit the Oakland Nature Preserve to get more details on the restoration process and on the history of Lake Apopka. Our best defense for continued success is to have numbers of people who are informed and willing to enter the fight.

Jim Thomas
(407) 656-8277
biosphere@biospherenursery.com

Friends of Lake Apopka Position Paper April 2012

FOLA continues to express strong opposition to any proposal that would develop an airport that allows any size jet planes to operate. This opposition is based on the following factors which are detailed in the enclosed attachments: 15-Orlando Sentinel

A. The initial goals of the expensive and difficult restoration plans for Lake Apopka were based on an ecosystem–based, scientific plan that would restore the north shore marshes, the water column and littoral areas of the lake and adjacent uplands and forested wetlands. These goals and procedures would be compromised by any development of an airport that allows jet flights.
( See Orlando Sentinel editorial "Give Apopka restoration priority over new airport" )

B. The FAA approval could include requirements to suppress wildlife in an area up to 10,000 feet from the runways. This would affect most of the north shore marshes. ( See aerial view on Attachment 1-Area map ).

C. Any decrease in the on-going restoration projects would, in effect, negate the advances made after expenditures of over $150 million of taxpayer funds. The decision to undertake this project was a difficult one, not only because of the cost but also for the loss of a viable farming industry and many jobs in the area. To see this long-term and successful restoration halted for the benefit of a few corporate jet owners is beyond comprehension of those who understand the value of this restoration.

D. The close proximity of the huge flocks of migratory birds which inhabit marshes and the lake every year will always present a danger to small jets. Summaries of these problems are outlined in Attachments 2-Birdstrikes, 3-Birdstrikes, 4-Birdstrikes.

E. FOLA objects to any proposed land swap with the West Orange Airport Authority (WOAA) that would involve any loss of uplands from the restoration area. Since the goals of the restoration process were formed on an ecosystem-based plan, the restoration of adjacent uplands will greatly increase the habitat value of the NSRA. FOLA also opposes any recommendations that SJRWMD should assist in the costs to appraise lands for this requested land swap.

F. WOAA continues to make detailed plans for the airport without having a valid feasibility study approved. A review of the area seems to indicate little or no need for this project. The nearest facility, the Leesburg International Airport, is only 11.8 miles away, and that airport is currently operating considerably below capacity. Other small airports without jet facilities are also experiencing low capacity because of the cost of fuel. Why would we compromise a major expensive restoration project if there is no need? A study in 2006 concluded “the need for additional aviation facilities could be met by expanding Orlando Executive Airport”. ( Attachment 5-Editorial )

G. Long range plans for the restored lake and marsh include a number of ecotourism projects, including a drive-through birding and wildlife trail as well as hiking and biking trails. Estimates based on comparison with similar facilities such as Merritt Island Birding Trail and the St. Marks National Park indicate potential income of $20-$30 million per year with the creation of at least 400 jobs. Orange County has completed a trail-head connection to a section of new trail to be opened soon along the shoreline of the lake. The proposed trail will eventually be 18 miles long and funding is in place for a western trailhead funded by Lake County and Green Mountain Scenic Byway. Adjacent areas such as Winter Garden and Apopka will benefit from these ecotourism dollars. ( Attachments 6-Economics, 7-Survey )

H. No details of costs to build and update this airport have been presented. Earlier estimates of costs, which included the following, were presented: FAA will fund up to 95% of total costs. (Representatives of FAA and FDOT refuted this statement pointing out that FAA and FDOT would not fund more than 20%-30% and that typically local governments usually end up paying for 80% or more).

I. Many misleading claims have been used to promote the airport:
“The proposed airport is adjacent to a Sun Rail route.” (No Sun Rail project has been proposed).
“Orange County staff has stated this is a perfect spot for an airport.” (Unable to verify.)
“The airport location was moved to the current site at the direction of Mayor Teresa Jacobs.” (Unable to verify.)
“The four cities around the lake will benefit financially from the airport.” (All are opposing the project.)
“The proposed airport site has functioned as an airport for 50 years, proving the site is safe near the marsh.” (The site serviced only small crop duster planes and no jets.)
“The Central Florida Business and Aviation Center will be a true multi-model transportation hub.” (No basis for this comment.)
“This is probably the only airport in the state with a positive cash flow.”(??)
“The proposed location is excellent because it is wide open with lots of buffer space.” (The proximity to a large migratory bird population in the 20,000 acre marsh system will create major hazards to jet traffic. A Google query for Airplane-Bird Strike will show what a huge problem this is).
“WOAA has an environmental report that looks clean.” (No detailed study has been done.)
“Building a new larger airport would allow for flight approaches over Lake Apopka to minimize noise effects on neighbors.” (Guy Haggard, 2004)
 
J. FOLA supports the American Bird Conservancy (ABC) in opposition to the airport based on their research, which shows the Lake Apopka Marsh provides extremely valuable habitat for hundreds of thousands of migratory birds, home of several federally listed species and an important breeding site for Black-necked stilts, an increasingly rare species. In 1998, ABC designated the NSRA as a Globally Important Bird Area, which will increase attention from birders all over the world and help in the development of an ecotourism-based economy in the area.

K. Transfer of the airport by donation to WOAA, a public entity, eliminates property taxes on the site. Funding received by WOAA is from public funds and the amount already spent has not produced a defensible project.

L. FOLA joins landowners near the proposed airport in opposition to the airport location because the entire area of Lake Jem and other residential areas fall within the “Hazard Zone” and this will reduce property values and re-sale potential.

M. One of the advantages advertised as a reason to join WOAA was the ability to obtain a seat on the MPO Board. WOAA appointed the City of Winter Garden and Ocoee to share the seat and split the cost. No clear policy has been presented and the MPO already has a full board. No clarifications have been presented about: whether the cities must support and fund WOAA to get the seat, whether they get the seat if no airport is built, whether they can be seated now, whether the MPO is considering ousting the Sanford Airport to make a seat available to WOAA, etc., etc.

N. FOLA again goes on record in support of the science and engineering staff of SJRWMD. The massive restoration plan proposed by this competent group for a project of unprecedented scale has proven successful. When adaptive management changes and new techniques were required their decisions were validified. SJRWMD staff and Board of Directors should always insist on supporting science-based decisions rather than political ones.

O. FOLA urges all government agencies to withhold further funding to WOAA until all studies, including feasibility, environmental, site selection, master design planning, etc. are completed. The following are listed as funding sources: Orange County, City of Apopka, City of Ocoee, City of Winter Garden, State of Florida and FAA.

P. FOLA recommends that SJRWMD recognizes there will be competition for water level manipulation throughout the chain of lakes. Since Lake Apopka is the headwaters, restoration of this lake should receive priority when levels are low. Recommendations of the SJRWMD staff should be followed since they are science based and closely monitored.

Q. FOLA continues to object to any future management plan that allows proliferation of hydrilla or any other non-native invasive plant species in Lake Apopka. The negative effects on over-all habitat values are well documented.

R. A number of organizations and municipalities have gone on record in opposition to this airport after close evaluations of environmental and economic issues.
( Attachments 8-Fla Wildlife Federation, 9-Oklawaha Valley Audubon, 10-HRA, 11-Editorial, 12-Editorial, 13-Editorial, 14-Orange Audubon )

Download this entire Position Paper with all attachments in a single PDF here...

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The Animal Control Damage Act

March 2, 2012
This week marks the 80th anniversary of passage of the Animal Control Damage Control Act (7 USC 426-426c). December 22, 2011

It is said that those who ignore history will eventually repeat it. With the proposed North Shore airport extension in mind, consider this small piece of history from E Magazine:

July/August 1993
Unfriendly Skies

A barrage of 12-gauge shotguns shatters the quiet of the May dawn. Another three-month killing season at New York City's JKF airport has begun. The marksmen work for the U.S. Department of Agriculture's controversial Animal Damage Control (ADC) program, which kills 2.5 million birds and animals each year, with public money and often on public land—but, as at JFK, without public input.

In 1991, ADC marksmen shot 15,000 laughing gulls. In 1992, they killed 10,000 more. The gulls are blamed for collisions with planes—or "birdstrikes"— and the Port Authority of New York and  New Jersey wants something done.

Between 1979 and 1990, 73 aircraft reported damage to plane engines, which suck the birds in, though only eight incidents were attributed to laughing gulls. Birdstrike damage can cost over $150,000 per engine. Although many airports have this problem, JFK has gone to unusual lengths to solve it. "We intend to continue to shoot the birds that come into JFK airspace," says Jack Gartner, JFK's manager of aeronautical services.

Built on wetlands, JFK airport lies next to Jamaica Bay Wildlife Refuge, home to the only viable laughing gull nesting colony in the state. Overhunted in the 19th century for their plumes, New York's laughing gulls had disappeared by 1890. Only after passage of the Migratory Bird Act in 1918 did the laughing gulls—named for their distinctive call—slowly return. By 1979, Jamaica Bay had 15 nesting pairs; 12 years later, a fully-recovered 7,600. But now the gulls are again threatened.

"You couldn't have planned JFK in a worse place along the Atlantic flyway," says John Tanacredi, natural resource chief for the National Park Service (NPS). "Moving the birds would be about as tough as moving the airport itself." Since 1985, different panels have recommended everything from allowing the grass around JFK to grow (discouraging gulls from resting there), to asking taxi drivers and concessionaires not to put out food, to filling in the puddles that attract birds along the runways. Says wildlife biologist Eugene LeBoeuf, "It's simple: If you get rid of what animals need—food and water—they won't hang around." But "bullets are cheaper than implementing sound, humane, preventive actions," adds D.J. Schubert, of the Fund For Animals. "It's brawn over brains."

In an attempt to stop the killing last May, FFA filed a lawsuit against the New York State Depart­ment of Environmental Conservation (DEC), argu­ing that no bird census had ever been taken and no Environmental Impact Statement filed. But a special "need based" permit allowed the shooting to pro­ceed. "If the ADC had its way, the only birds in the sky would be mechanical ones," says Schubert.

Laughing gulls still rise from the marsh each morning in search of food for their young, unaware of the rifles aimed at them. Many people wonder how many more birds will join the thousands buried beneath JFK's tarmacs before a more peaceful solution is found. Write or call: DEC, 50 Wolf Rd., Albany, NY 12233 / (518)457-3446; for more information, contact: Fund for Animals, 850 Sligo Ave., Silver Spring, MD 20910 / (301)585-2591

Jessica Speart

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