MANATEE COUNTY – The Florida Department of Environmental Protection (FDEP) has issued a warning letter regarding the mangrove trimming conducted earlier this year along the Aqua development shoreline.
FDEP Southwest District Director Kelley Boatwright issued the warning letter to Medallion Home representative Rob Bosarge on Aug. 31. Aqua developer and Medallion Home CEO and president Carlos Beruff was among those who also received a copy of Boatwright’s letter.
Featuring numerous single-family and multi-family structures, the Aqua development, formerly known as Long Bar Pointe, is currently under construction in unincorporated Manatee County, between El Conquistador Parkway and Sarasota Bay. According to the May 3 FDEP inspection report, Coastline Tree Services conducted the mangrove trimming and debris removal activities.
Boatwright’s letter references the inspection that took place on June 17 as part of an investigation prompted by three complaints FDEP received from concerned citizens.
“The Florida Department of Environmental Protection conducted a compliance inspection at your site on June 17. During this inspection, possible violations of chapters 403 and 373, Florida Statutes, and chapters 62-330, Florida Administrative Code, were observed. During the inspection, department personnel noted the following:
- All trimmings over 3 feet long or over 3 inches in diameter were not properly removed and disposed of offsite.
- Remaining trimmings were not evenly distributed.
- A portion of mangroves appeared to be reduced more than 25% of foliage annually.
- Adequate pre and post photo documentation of the trimming event was not provided.
“On July 12, department personnel notified you that potential violations existed at the site and you were requested to take corrective actions within 30 days. On Aug. 25, a follow-up site visit was conducted and violations did not appear to be adequately addressed. To date, the potential violations have not been resolved,” Boatwright stated in his letter.
The violations could result in liability for damages and restoration and incur civil penalties, according to the letter.
“Please respond in writing within 10 days of receipt of this warning letter. The department is interested in receiving any facts you may have that will assist in determining whether any violations have occurred. Please be advised that this warning letter is part of an agency investigation, preliminary to agency action in accordance with section 120.57(5) Florida Statutes. We look forward to your cooperation in completing the investigation and resolving this matter,” Boatwright stated in closing.
Waterkeepers watching
On Aug. 19, the Suncoast Waterkeeper organization emailed a letter to FDEP compliance coordinator Derrick Hudson, Boatwright, several other FDEP staff members and state legislators Jim Boyd and Will Robinson Jr.
The Waterkeeper letter thanked FDEP for following up on the complaints, but added, “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 contained within the inspection report was 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 Suncoast Waterkeeper letter said.
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