FDEP: Mangrove removal requires additional approval
ANNA MARIA – When contractors Mason Martin LLC removed 67 feet of mangroves at a canal-front home on Dec. 12, they did so without all of the required approval, according to the Florida Department of Environmental Protection (FDEP).
According to an FDEP final inspection report dated Jan. 11 following a Dec. 22 site visit to the property at 111 Gull Drive, the mangrove removal required – but did not receive – the approval of the U.S. Army Corps of Engineers.
The site visit was the result of several complaints the agency received about mangrove removal on Dec. 13, according to the FDEP report.
On Sept. 19, FDEP issued a letter verifying that the construction of an approximately 116-foot seawall with a 2-foot-wide concrete cap and 815 square feet of backfill was exempt from department authorization. However, FDEP noted that no further work should be continued until authorization from the U.S. Army Corps of Engineers was obtained.
“The inspection revealed that construction had commenced and a portion of the mangroves on the property were removed within the exempt activity’s footprint,” according to the FDEP report. “Erosion control devices were installed upon request after the inspection. In addition, the Department notified the property owner that they should continue to coordinate with USACE and to not continue construction until a USACE authorization is obtained.”
As of Jan. 8, USACE had not issued authorization for the project.
Approximately 67 linear feet of mangroves were removed, with approximately 49 linear feet of mangrove fringe remaining. The pre-impact height of the mangroves was more than 24 feet, according to the FDEP report, and consisted of 40% red, 35% black and 25% white mangroves.
“The canal system is considered Water of the United States (WOTUS) and is within retained waters. Therefore additional authorization is required from the U.S. Army Corps of Engineers,” the FDEP report states.
“No work should have commenced within jurisdictional ‘waters of the United States,’ which includes wetlands, without a permit,” attorney Justin Bloom, representing environmental group Suncoast Waterkeeper, wrote in an email to The Sun.
EXEMPTION CONCERNING
FDEP spokesperson Brian Humphreys emailed the following to The Sun on Jan. 11 with the report: “As you will see in this report, DEP’s investigation has determined that the mangrove alteration/removal activities at this property are in compliance and within the footprint of their seawall exemption. Under this exemption, limited mangrove alteration/removal is allowed within that footprint, per Rule 62-330.051(12) (a), Florida Administrative Code, and Chapter 403.9328 (5), Florida Statute.”
For environmentalist and self-described whistleblower Ronnie Leto, whose property is across the canal from 111 Gull Drive, the FDEP exemption raises concerns.
“This is the environmental protection agency,” Leto said. “What environment are they protecting?”
Leto noted that the property owner of 111 Gull Drive lives out of state and is readying the house for sale.
“This is all being done for profit and gain,” he said.
The listed property owner is Sharp Real Estate Development based in Hingham, Massachusetts.
Leto is concerned about what he said could be the domino effect of the project exemption.
“If other neighbors see this being done, they may want to do the same,” he said. “Responsible people always do the right thing. Would you rather live by a dead sea or a living sea?”
The mangroves have been nurturing the estuaries, which are teeming with fish and manatees, Leto said.
“The fight is ugly,” Leto said. “I want to see the outcome be for the betterment of the shoreline and our area.”
A third layer of approval, a seawall permit from the City of Anna Maria, also has not been issued. A stop work order was put in place by the city on Dec. 6 and as of Jan. 8 was still in effect.
“City staff visited the site on Dec. 13, and observed workers actively removing mangroves,” Anna Maria Mayor Dan Murphy wrote in a Dec. 18 email to The Sun. “During this visit, staff noted that the Stop Work Order had been removed from the property.”
City staff reposted the stop work order on the property.
