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Synopsis of Croom C&D Landfill
1. Cal Wilson owns 2 parcels totaling approx. 26 acres off of Remington Road but accessed through an easement granted by the Forestry at
the end of Wildlife Lane. He is excavating sand and then decides he wants to fill up the “pits” as a construction and demolition landfill.
2. Wilson goes before Hernando Planning and Zoning and the Board of County Commissioners and is rejected on his plan.
3. Wilson obtains legal counsel and proceeds. A sign is required to be placed of Notice to Rezone within 250 feet of any resident(s). There
are none. This is very rural. Only the Fannins live nearby and their home is well out of the 250 feet zone. Notice is placed in the legal
section of the newspaper.
4. Judge Springstead issues an “overlay” to the zoning and states it can be a C&D landfill and proceeds to call it a Permanent Mandatory
Injunction.
5. In 2000 Randy Yoho purchases the property from Wilson and wants to put in a National Motocross course with thousands of people
coming, again, accessing the property via High Corner Road and Wildlife Lane.
6. The area has now grown in population with retirees, equestrians, and city people who just want a beautiful, quiet place to live. They all
band together and have a marathon meeting in front of the Board of County Commissioners and Yoho is defeated. (Planning and Zoning had
recommended against the rezoning)
7. September 2008 the Croom Investment LLC holds a meeting with some members of the community stating they had purchased the 26
acres from Yoho for a C & D Landfill. Additionally, they stated they had purchased an additional 5 acres to the South and were purchasing 10
acres to the West (also owned by Yoho). They were adamant and bordering on arrogant that they would put in the landfill no matter how
hard we fight.
8. Now we hear that DEP is considering issuing a permit to Out of Bounds, Inc (Randy Yoho) and Croom Investment LLC and contact our local
government. (Board of County Commissioners, Planning and Zoning, Utilities, whoever will listen) The answer is the same from all parties:
there was a Permanent Mandatory Injunction filed in 1998 by Judge Springstead and it cannot be changed. The county’s hands are tied.
We don’t want it but the only way to defeat it is to inundate DEP with your objections.
9. Contacting DEP gets us the answer that they only issue the permits. The county has zoned it for a landfill. We can list ourselves as
objectors with DEP. This will entitle you to notification of the decision that DEP makes. There will then be a hearing within 14 days of the
decision and you can “petition” to be heard at the hearing but your arguments must be based on science only and why this landfill does not
meet the State specifications. ( We have since learned you need to be an attorney to figure out how to fill out the petition to be heard
correctly) THE DECISION is FRIDAY FEBRUARY 19, 2010.
10. Ali and I have spent hours researching how this all happened. We’ve talked to the BOCC, Planning and Zoning, DEP, spent days meeting
with people, time on the computer, hours at DEP looking at the actual application. EVERYONE HAS SAID - YOU NEED AN ENVIRONMENTAL
ATTORNEY!
11. Our County government says they cannot do anything…..a PERMANENT MANDATORY INJUNCTION was put in place in 1998 and CANNOT BE
CHANGED. Guess what. It has been amended with at least 3 court hearings in 2009. The last in July 2009 which explains why Croom
Investment LLC was so adamant that they were going to run the landfill no matter what we did.
12. The changes/modifications they made are shameful. All the modifications had the full knowledge of the county commissioners and signed
by our county attorneys. The changes: (a) Original order required the owner of the landfill to pay $.05 for every cubic yard of debris to be
paid into a trust account held by the county for maintenance of Wildlife Lane………..totally stricken…..gone…we the taxpayers will pay for that
now……(b) Original agreement said an elevation of 110 feet above mean sea level was to be adhered to……..totally stricken….they can dig as
deep as DEP will let them and our aquifer is very fragile and close to the surface in this area……(c) The original agreement required a County
Employee trained and certified as a “spotter” to be on site at all times of operations keeping track of amount of debris coming in, what it
was, and where it came from. This spotter’s salary and benefit package was to be paid by the owner of the landfill………totally stricken…..
gone……now the landfill can have their own employee thus eliminating County liability.
13. The DEP issued their "Intent to Issue" a permit on 2/19/10 to Out of Bounds, Inc.
14. We had 14 days from that date to file a petition for an Administrative Hearing and state why this permit should be denied. John Thomas,
our attorney, filed for an extension that was approved changing the date to file the petition to 3/22/10.
15. All along the BOCC has been saying they can do nothing because of the settlement agreement. On February 23, 2010 they were asked
directly in their meeting to please revisit this position and figure out a way to help us. We reminded them that they are elected officials
whose job is to protect the community and preserve our quality of life. They referred this to Assistant Attorney Jon Jouben.
16. We launched a campaign for everyone to write each Cabinet Member and their Aides to explain this issue and to ask them to deny giving
the landfill operator an easement through Trail 18 to their dump site. Our basis was we didn't want them giving away OUR State lands.
17. We continue to try to find someone that will help us in not letting the debris haulers to use High Corner Road. The original settlement
said they could only use Wildlife Lane. They omitted/overlooked the use of High Corner road. This road is in no way adequate for commercial
traffic. To date we have had no success in this area.
18. In our meeting with Attorney Jon Jouben on 3/10/10, he basically said the County could not become involved with this issue. It was up to
DEP but the landfill operator would have to comply with all County Rules and Regulations regarding the operation of a landfill.
19. Landfill Operator, Jack Hamilton/Croom Investment LLC, requested a meeting which took place Thursday, March 18th. His attorney
requested to Mr. Thomas that we meet in order to discuss what concessions/negotiations/changes, etc. might take place to make us
agreeable to the landfill. According to them, they want to be "good neighbors". While our attorney John knows anything short of no landfill
is very unlikely to be acceptable to us, he advised us to formulate some ideas that if we had to accept the landfill might make it a lot less of a
problem which we did and he shared with their attorney. John referred to our ideas as if "wishes were fishes" because he knows our goal of
stopping the impact the landfill would have on this community would be hard to reach since the owner seems to only want a landfill to make
as much money as possible. We all agreed to meet at John's office in St. Petersburg on Thursday, March 18th at 1:00pm. When we all
gathered in John's conference room it was immediately evident that they exhibited a very defensive attitude. Jack Hamilton, their attorney
and two engineers from Hamilton Engineering were present along with our team, Randy Yoho did not attend the meeting. When it was
discovered that we were not ready to "settle" right then and there, they made several threatening and hostile comments and abruptly left
the meeting. Our amazing team remained seated the entire time and John handled the outburst and meeting superbly well, we can't be
more proud to have him as our attorney.
20. FDEP has granted us another extension, the latest one now for April 21st in which at that time we must file our formal petition. This is
due to the fact that the applicant failed to disclose two potable wells within 500 feet of the proposed landfill. According to DEP rules, no
potable wells should be within 500' of this landfill.
21. On March 31, 2010, Hamilton, Yoho and their crew decided to show their true colors and attempt intimidation and coercion techniques by
blocking off a portion of Fannin Hill Road. See our Photo Gallery for pictures. The County has pulled through for us finally and will construct a
permanent, 15 foot road connecting Fannin Hill and Wildlife in order to bypass Hamilton and Yoho's easement stunt. Hamilton threatened in
our March 18th meeting that we would have a landfill whether we liked it or not and that he would cost us a lot of money. It is our opinion
that these actions are an attempt to force us to give up by burying us in litigation and legal fees. So far all they've done is tear up their own
property.
1. Cal Wilson owns 2 parcels totaling approx. 26 acres off of Remington Road but accessed through an easement granted by the Forestry at
the end of Wildlife Lane. He is excavating sand and then decides he wants to fill up the “pits” as a construction and demolition landfill.
2. Wilson goes before Hernando Planning and Zoning and the Board of County Commissioners and is rejected on his plan.
3. Wilson obtains legal counsel and proceeds. A sign is required to be placed of Notice to Rezone within 250 feet of any resident(s). There
are none. This is very rural. Only the Fannins live nearby and their home is well out of the 250 feet zone. Notice is placed in the legal
section of the newspaper.
4. Judge Springstead issues an “overlay” to the zoning and states it can be a C&D landfill and proceeds to call it a Permanent Mandatory
Injunction.
5. In 2000 Randy Yoho purchases the property from Wilson and wants to put in a National Motocross course with thousands of people
coming, again, accessing the property via High Corner Road and Wildlife Lane.
6. The area has now grown in population with retirees, equestrians, and city people who just want a beautiful, quiet place to live. They all
band together and have a marathon meeting in front of the Board of County Commissioners and Yoho is defeated. (Planning and Zoning had
recommended against the rezoning)
7. September 2008 the Croom Investment LLC holds a meeting with some members of the community stating they had purchased the 26
acres from Yoho for a C & D Landfill. Additionally, they stated they had purchased an additional 5 acres to the South and were purchasing 10
acres to the West (also owned by Yoho). They were adamant and bordering on arrogant that they would put in the landfill no matter how
hard we fight.
8. Now we hear that DEP is considering issuing a permit to Out of Bounds, Inc (Randy Yoho) and Croom Investment LLC and contact our local
government. (Board of County Commissioners, Planning and Zoning, Utilities, whoever will listen) The answer is the same from all parties:
there was a Permanent Mandatory Injunction filed in 1998 by Judge Springstead and it cannot be changed. The county’s hands are tied.
We don’t want it but the only way to defeat it is to inundate DEP with your objections.
9. Contacting DEP gets us the answer that they only issue the permits. The county has zoned it for a landfill. We can list ourselves as
objectors with DEP. This will entitle you to notification of the decision that DEP makes. There will then be a hearing within 14 days of the
decision and you can “petition” to be heard at the hearing but your arguments must be based on science only and why this landfill does not
meet the State specifications. ( We have since learned you need to be an attorney to figure out how to fill out the petition to be heard
correctly) THE DECISION is FRIDAY FEBRUARY 19, 2010.
10. Ali and I have spent hours researching how this all happened. We’ve talked to the BOCC, Planning and Zoning, DEP, spent days meeting
with people, time on the computer, hours at DEP looking at the actual application. EVERYONE HAS SAID - YOU NEED AN ENVIRONMENTAL
ATTORNEY!
11. Our County government says they cannot do anything…..a PERMANENT MANDATORY INJUNCTION was put in place in 1998 and CANNOT BE
CHANGED. Guess what. It has been amended with at least 3 court hearings in 2009. The last in July 2009 which explains why Croom
Investment LLC was so adamant that they were going to run the landfill no matter what we did.
12. The changes/modifications they made are shameful. All the modifications had the full knowledge of the county commissioners and signed
by our county attorneys. The changes: (a) Original order required the owner of the landfill to pay $.05 for every cubic yard of debris to be
paid into a trust account held by the county for maintenance of Wildlife Lane………..totally stricken…..gone…we the taxpayers will pay for that
now……(b) Original agreement said an elevation of 110 feet above mean sea level was to be adhered to……..totally stricken….they can dig as
deep as DEP will let them and our aquifer is very fragile and close to the surface in this area……(c) The original agreement required a County
Employee trained and certified as a “spotter” to be on site at all times of operations keeping track of amount of debris coming in, what it
was, and where it came from. This spotter’s salary and benefit package was to be paid by the owner of the landfill………totally stricken…..
gone……now the landfill can have their own employee thus eliminating County liability.
13. The DEP issued their "Intent to Issue" a permit on 2/19/10 to Out of Bounds, Inc.
14. We had 14 days from that date to file a petition for an Administrative Hearing and state why this permit should be denied. John Thomas,
our attorney, filed for an extension that was approved changing the date to file the petition to 3/22/10.
15. All along the BOCC has been saying they can do nothing because of the settlement agreement. On February 23, 2010 they were asked
directly in their meeting to please revisit this position and figure out a way to help us. We reminded them that they are elected officials
whose job is to protect the community and preserve our quality of life. They referred this to Assistant Attorney Jon Jouben.
16. We launched a campaign for everyone to write each Cabinet Member and their Aides to explain this issue and to ask them to deny giving
the landfill operator an easement through Trail 18 to their dump site. Our basis was we didn't want them giving away OUR State lands.
17. We continue to try to find someone that will help us in not letting the debris haulers to use High Corner Road. The original settlement
said they could only use Wildlife Lane. They omitted/overlooked the use of High Corner road. This road is in no way adequate for commercial
traffic. To date we have had no success in this area.
18. In our meeting with Attorney Jon Jouben on 3/10/10, he basically said the County could not become involved with this issue. It was up to
DEP but the landfill operator would have to comply with all County Rules and Regulations regarding the operation of a landfill.
19. Landfill Operator, Jack Hamilton/Croom Investment LLC, requested a meeting which took place Thursday, March 18th. His attorney
requested to Mr. Thomas that we meet in order to discuss what concessions/negotiations/changes, etc. might take place to make us
agreeable to the landfill. According to them, they want to be "good neighbors". While our attorney John knows anything short of no landfill
is very unlikely to be acceptable to us, he advised us to formulate some ideas that if we had to accept the landfill might make it a lot less of a
problem which we did and he shared with their attorney. John referred to our ideas as if "wishes were fishes" because he knows our goal of
stopping the impact the landfill would have on this community would be hard to reach since the owner seems to only want a landfill to make
as much money as possible. We all agreed to meet at John's office in St. Petersburg on Thursday, March 18th at 1:00pm. When we all
gathered in John's conference room it was immediately evident that they exhibited a very defensive attitude. Jack Hamilton, their attorney
and two engineers from Hamilton Engineering were present along with our team, Randy Yoho did not attend the meeting. When it was
discovered that we were not ready to "settle" right then and there, they made several threatening and hostile comments and abruptly left
the meeting. Our amazing team remained seated the entire time and John handled the outburst and meeting superbly well, we can't be
more proud to have him as our attorney.
20. FDEP has granted us another extension, the latest one now for April 21st in which at that time we must file our formal petition. This is
due to the fact that the applicant failed to disclose two potable wells within 500 feet of the proposed landfill. According to DEP rules, no
potable wells should be within 500' of this landfill.
21. On March 31, 2010, Hamilton, Yoho and their crew decided to show their true colors and attempt intimidation and coercion techniques by
blocking off a portion of Fannin Hill Road. See our Photo Gallery for pictures. The County has pulled through for us finally and will construct a
permanent, 15 foot road connecting Fannin Hill and Wildlife in order to bypass Hamilton and Yoho's easement stunt. Hamilton threatened in
our March 18th meeting that we would have a landfill whether we liked it or not and that he would cost us a lot of money. It is our opinion
that these actions are an attempt to force us to give up by burying us in litigation and legal fees. So far all they've done is tear up their own
property.