MANATEE COUNTY – The Suncoast Waterkeeper organization remains concerned about the Florida Department of Environmental Protection’s (FDEP) response and oversight of the mangrove trimming that occurred earlier this year at the Aqua development.
Currently being developed with numerous single-family and multi-family structures, the Aqua development, previously known as Long Bar Pointe, is located in unincorporated Manatee County between El Conquistador Parkway and Sarasota Bay, lined in places with state-protected mangroves.
On Aug. 19, Suncoast Waterkeeper founder and Vice-Chair Justin Bloom emailed a letter to FDEP environmental specialist and compliance coordinator Derrick Hudson and several other FDEP staff members, including FDEP Southwest District Director Kelly Boatwright and FDEP Secretary Shawn Hamilton. Bloom also sent the letter to state legislators Jim Boyd and Will Robinson Jr.
The letter’s subject matter was “Long Bar/Aqua Mangrove trimming violations,” and was signed by Bloom, Suncoast Waterkeeper Chair (and The Sun’s outdoors columnist) Rusty Chinnis and Executive Director Abbey Tyrna.
“Thank you for following up on the numerous citizens’ complaints relating to mangrove trimming permit violations at Long Bar Point (Aqua),” the letter began. “It appears the investigation has resulted in some remedial action for which we are pleased, however current conditions at the site reveal significant debris remaining and further evidence of permit violations.
“A recent visual observation from the water revealed that only the small portion of the mangrove forest that corresponded with the GPS coordinates contained within the inspection report were cleaned up. However, the extent of the trimming damage was much more extensive suggesting that the investigatory measures taken by DEP have not been adequate to achieve compliance,” the letter states.
“Furthermore, from what we have seen, there has been no compliance assistance offer, no warning letter, no notice of violation or other enforcement action taken. This is concerning to us. We believe that but for our advocacy, the DEP would have dropped the matter long ago without finding any violations. We want to see DEP play this matter out according to your own rules and regulations,” the letter states.
The Waterkeeper letter included a link to several photographs Chinnis took on Aug. 17 of the trimming debris that remains along the Aqua shoreline.
Trimming concerns
In February, FDEP received two complaints that questioned whether the mangrove trimming that occurred along the Aqua shoreline was conducted in compliance with state laws and regulations. FDEP received a third complaint in April.
In May, FDEP released an investigation report that included a site inspection overview stating that Hudson and FDEP staff member Pamala Vazquez made their first site visit to the Aqua property on April 26, accompanied by Medallion Home/Long Bar Pointe/Aqua representatives Rob Bosarge and Chris Chavez.
Hudson conducted a second site visit on May 3, accompanied by Chavez and Dave Fister, the arborist who owns the Fort Myers-based Coastline Tree Service company that recently trimmed the Aqua mangroves.
The compliance status determination listed in Hudson’s report references “minor non-compliance.” Regarding a return to compliance, Hudson’s report says, “It is recommended the permittee provide the pre and post trim photos required by the permit within 30 days of receipt of this letter. Please ensure during the next trim event, photographs are submitted 14 days prior and 14 days following the activity. Please contact department staff to schedule a joint site inspection within 30 days following the trim event.”
When contacted by The Sun on May 17 regarding the inspection report, FDEP Press Secretary Alexandra Kuchta said, “The mangroves appeared to be healthy and trimmed within the permit limits. Trimming did not result in more than 25% of the foliage being removed and trimming did not induce tree mortality. However, no pre or post photographs or pre or post trimming notifications were provided to the department, which are required by the mangrove trimming plan.”
Additional correspondence
On June 23, Hudson sent an email to Fister, which he also copied to Chaves, Bosarge and Medallion Home founder, CEO and president Carlos Beruff.
Hudson’s email contained an aerial map that identified where the mangrove trimmings took place and several pages of inspection photos and photo descriptions that referenced “oversized trimming,” “aggressive trimming,” “spot of significant trimming litter left,” “trimming location below authorized height,” “location of possible tree topping” and “tree removal.”
In his July 1 response to Hudson, arborist Fister wrote, “On June 29th we conducted a site visit to the mangrove fringe at Long Bar Pointe. We did observe that not all trimming debris greater than 3 feet (in length) or 3 inches (in diameter) was completely removed from the fringe. We will be responsible to clean that debris from the fringe. It is our desire to allow this to take place during the next trimming event.”
Fister also suggested some of the trimming debris cited in the FDEP photos may have been the result of previous trimming efforts.
On July 12, Hudson sent an email to Chavez and Bosarge that included the following FDEP-requested actions: Within 30 days (by Aug. 12) remove the trimmings longer than 3 feet long and/or larger than 3 inches in diameter, remove the ‘hot spot’ trimmings and large piles of authorized trimmings, provide pre and post photos of the work conducted and investigate and provide photos of map location #5.
Overall enforcement concerns
The Suncoast Waterkeeper letter also addressed FDEP’s overall enforcement efforts.
“We have witnessed a disturbing pattern of mangrove trimming violations and a lack of DEP enforcement, particularly in Manatee County. Manatee County still has significant mangrove coverage, (but) permitted and unpermitted mangrove trimming and removal is taking a disturbing toll on these precious environmental resources. We believe that property owners and contractors perceive that DEP is not providing oversight and that there will be little or no consequence removal. The environmental degradation that results is significant,” the letter states.
In closing, the letter encouraged FDEP officials to take appropriate actions to protect the remaining mangroves along Sarasota Bay and to also protect the integrity of the environmental laws and regulations that pertain to mangrove trimming.
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