MANATEE COUNTY – The Florida Department of Environmental Protection (FDEP) is levying an $8,500 penalty for the improper mangrove trimming and debris re- moval activities that occurred along the Aqua development shoreline in 2022.
Located between Sarasota Bay and the El Conquistador Parkway in unincorporated Manatee County, the Aqua property (formerly known as Long Bar Pointe) being developed by Medallion Home includes hundreds of single-family and multi-family residential units currently being built during the initial construction phase.
On Dec. 22, FDEP Southwest District Director Kelley Boatwright sent an electronic letter and proposed consent order to Long Bar Pointe LLLP and Medallion Home representative Rob Bosarge. The letter was also sent to Medallion Home President and CEO Carlos Beruff, Medallion Home Manager of Land Development Chris Chavez, FDEP Environmental Specialist Derrick Hudson, FDEP Secretary Shawn Hamilton and Gov. Ron DeSantis.
The letter requested that Long Bar Pointe review, sign and return the proposed consent order by Jan. 3 if in agreement with the proposed terms, or to contact FDEP immediately if not in agreement.
The consent order proposes a settlement between FDEP and Long Bar Pointe LLP. The order notes FDEP personnel inspected the Aqua mangroves on June 17 and Aug. 25 and improper trimming and removal activities were conducted in violation of the mitigation bank permit and general mangrove permit Long Bar Pointe was previously issued in accordance with Florida’s Mangrove Trimming and Preservation Act. Coastline Tree Service performed the mangrove trimming and debris removal activities in question.
According to the consent order, FDEP found the following violations occurred:
• Respondent did not properly remove and dispose of all mangrove trimmings over 3 feet long or over 3 inches in diameter.
• Respondent did not evenly distribute the remaining trimmings.
• Respondent reduced a portion of mangrove foliage more than the authorized amount of 25% annually on the waterward extent of the mangrove fringe.
• Respondent did not provide adequate pre- and post-photo documentation of the trimming event.
Taken in August, this photo shows the diameters of some of the mangrove trees and branches cut. – Rusty Chinnis | Sun
The consent order seeks an $8,500 penalty settlement that includes $1,000 for costs and expenses incurred during the investigation and the preparation of the consent order, $3,000 for reducing the mangrove heights by more than 25%, $3,000 for debris removal violations and $1,500 for improper documentation of the trimming activities. The check payment is to include a notation referencing the Water Quality Assurance Trust Fund.
The consent order includes an additional daily fine of $1,000 for each day Long Bar Pointe fails to comply with the consent order requirements. If FDEP is forced to file a lawsuit to recover the stipulated penalties, the agency can seek civil penalties greater than the $8,500 stipulated in the order.
Aqua response
On behalf of Long Bar Pointe, Chavez sent Hudson a Jan. 4 email that said, “Carlos Beruff is currently in Asia and is 12 hours ahead. We have emailed him so that he is aware of
the consent order. We cannot sign, or communicate that we are not in agreement, until he reviews.”
Chavez informed Hudson that Bosarge no longer works for Medallion Home and all future correspondence should be sent to Andy Kern.
When contacted on Jan. 6, FDEP Public Information Specialist Brian Humphreys said, “DEP has been in contact with staff at Aqua by the Bay. It is our understanding they are reviewing our consent order and we anticipate having their response soon.”
Suncoast Waterkeeper response
FDEP’s investigations were initially prompted by citizen complaints the agency received in early 2022 – with additional correspondence and photographs later received from the Suncoast Waterkeeper organization.
In August, the Suncoast Waterkeeper board sent a letter to FDEP officials that was critical of the agency’s initial inspection efforts and the lack of penalties imposed. That letter also expressed concerns about the significant amount of mangrove debris that had not been properly removed.
Taken in August, the photo reveals some of the trimming debris left behind. – Rusty Chinnis | Sun
Regarding the consent order, Suncoast Waterkeeper board member Rusty Chinnis said, “This would not have happened if we had not pounded it. They cut more of the mangroves than they were allowed to cut. FDEP initially reviewed the mangrove cuttings, said everything was fine and gave them a pass.”
Despite past criticisms, Chinnis, The Sun’s outdoors columnist, praised the FDEP staff members’ recent efforts.
“I think the people at FDEP care and they do a good job. They’re underfunded and I don’t think the powers that be are giving them the authority to do what they need to do. When Rick Scott was governor, he basically eviscerated it and allowed the developers to police themselves. We see where that got us,” Chinnis said.
“If done properly, mangrove trimming can create views while still protecting the mangroves, but that’s not being done. The enforcement is weak and $8,500 is the cost of doing business,” he said.
The FDEP graphic highlights some of Florida’s mangrove trimming regulations. – FDEP | Submitted
Regarding mangrove trimming in general, Chinnis said, “We have documented to FDEP the fact that people have been cited for mangrove violations and were not given any penalties; and a couple years later, the same people are caught again because there were no repercussions.”
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.
The mangrove trimming that took place earlier this year creates a better view of Sarasota Bay for those who will occupy Aqua’s multi-family structures. – Joe Hendricks | Sun
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.
A visit to the Aqua shoreline in mid-August revealed these large mangrove remains were left behind. – Rusty Chinnis | Sun
“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.
This mangrove trimming debris remained in place as of mid-August. – Rusty Chinnis | Sun
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.
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.
The mangrove trimming that occurred earlier this year created a better view of the bay from the multi-family residential buildings being constructed on the Aqua property. – Joe Hendricks | Sun
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.
Significant amounts of mangrove trimming debris remain along the Aqua development shoreline. – Rusty Chinnis | Sun
“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.
The Aqua/Long Bar Point shoreline looked like this before the mangroves were trimmed. – Rusty Chinnis | Sun
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.
To local fishers, the importance of mangroves is evident. Intertwined with the twisted roots, there’s a web of life that’s inextricably bound to the snook, redfish, trout, flounder, grouper and a plethora of other gamefish that they seek. What can be less apparent to those that make a living elsewhere is the importance of mangroves as a critical source of food and protection for fish and people.
These ancient coastal forests provide an abundance of food for manatees, dolphins and sea turtles as well as sustenance and nesting areas for critically endangered seabirds. All these links in the chain of life provide the ineffable sense of beauty and wonder that continue to attract people to this region. They also protect and sustain a vibrant economy in ways that might not be as apparent.
What’s less well understood, and just beginning to be appreciated, is the protection mangroves provide against powerful hurricanes and rising waters that longtime residents have seen firsthand. With all that mangroves provide for us and our quality of life, it would seem they would be revered and protected at all costs.
Unfortunately, just the opposite seems to be the case.
When local fishing guides began to question me about what they considered extensive mangrove trimming along the Sarasota Bay shoreline, I went to investigate. What
I observed shocked and angered me. That was April 4 of this year, and I flew a drone and walked the shoreline to document what I witnessed. There were numerous large mature mangroves that had been cut, were denuded of leaves and appeared dead. There also was a large amount of cut debris in the water, including branches that were of greater diameter and longer than allowed under Florida Department of Environmental Protection (FDEP) guidelines.
When I reached out to FDEP in April to file a complaint, I was informed that Karen Willey, a local environmental advocate and business owner, had filed a protest two months earlier in February 2022. When I questioned Willey, she said she had been reading the Washington Post and had seen an ad for Aqua by the Bay that featured an image looking west with an unobstructed view of Sarasota Bay she had never seen before.
When I called FDEP to inquire why no actions had been taken, the response I received indicated that they had sent a letter to the permit holder about the complaint and had not heard back from them. They also stated that they couldn’t get on the property to inspect without permission from the property owner. After raising the issue with Florida state Rep. Will Robinson, Sen. Jim Boyd and the Manatee County Commission, an inspection was done which claimed that the conditions of the permit had been met.
Astonished, I sent an email challenging the FDEP inspection report with images showing my concerns.
At her request, I sent GPS-tagged images to Hannah Westervelt, FDEP Compliance Assurance Manager, and received a reply indicating that inspectors were being sent back to the site to investigate.
Subsequently, Westervelt contacted me to say that two inspections were conducted that confirmed our concerns. The permit holder was given until Aug. 12 to reply to the letter and we are currently waiting for the response.
It’s unfortunate and ill-advised that state regulators are not performing their duty in a timely manner to protect the citizens and businesses of Florida, present and future. But it wouldn’t be fair to lay the blame only with the FDEP. People I have spoken to who deal with state regulators on a regular basis fault prior Gov. Rick Scott with eviscerating the FDEP and spawning a mass exodus of the brightest and most committed regulators.
The people I spoke to at the agency, including Westervelt, were responsive to my questions and concerns and ultimately addressed the issue. My guess is the agency is struggling with a limited budget and staff. That’s where we the voters come in. It’s incumbent on the citizens of Florida and Manatee County to elect officials with a proven record of protecting our most important and vulnerable resources.
How this is resolved is still to be seen, but rest assured that groups like Suncoast Waterkeeper will make sure it doesn’t become just a cost of doing business for the developer. I don’t have a crystal ball but I’m guessing that future developers, builders and your children and grandchildren will judge us for the decisions we make and actions we take.
MANATEE COUNTY – The mangroves on the Aqua property along Sarasota Bay were recently trimmed in compliance with state-issued permits, but the trimming notification process was not fully compliant, according to the Florida Department of Environmental Protection (FDEP).
“As you will read in this report, the mangroves appeared to be healthy and trimmed within the permit limits – i.e. mangrove height is greater than 12 feet, trimming did not result in more than 25% of the foliage being removed and trimming did not induce tree mortality,” FDEP Press Secretary Alexandra Kuchta said in a May 17 email to The Sun regarding the department’s investigation of mangrove trimming at the property. “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. DEP has requested this information from the company so we can complete our regulatory review,” Kuchta’s email stated.
Medallion Home is currently developing the Aqua property owned by Long Bar Pointe LLLP. The property is located in unincorporated Manatee County between El Conquistador Parkway and Sarasota Bay. Formerly known as Long Bar Pointe and Aqua by the Bay, the development currently taking place includes numerous single-family homes and multi-unit residential buildings.
The recent inspections of the mangrove trimming on the Aqua property were prompted by two complaints FDEP received in February and another complaint received in April.
FDEP report
On May 16 Hanna Westervelt, Southwest District Environmental Manager for FDEP’s Compliance Assurance Program, sent a cover letter and a copy of the FDEP inspection report to Medallion Home representative Rob Bosarge.
“Dear Mr. Bosarge, The Florida Department of Environmental Protection received complaints regarding possible activities on your property located on El Conquistador Parkway,” the letter stated. “On April 26 and May 3, department personnel conducted inspections of the above-referenced facility. Within 30 days of receipt of this letter, please provide the requested information regarding notification of trimming activity further described in the Recommendations for Corrective Actions section of the attached inspection report. Please be advised that any future noncompliance of the permit requirements may be subject to penalties under Chapter 403.9332, F.S. (Florida Statutes).”
According to the FDEP inspection report, the Aqua mangroves were approximately 20 feet tall before they were recently trimmed and are now 15-16 feet tall after being trimmed.
According to FDEP, the trimmed mangroves are now approximately 16 feet tall. – Joe Hendricks | Sun
The report states the annual trimming activity conducted at the Aqua property this year was the third of four anticipated trimming events. The report notes the expected trimmed height was 20 feet in 2021 and 16 feet in 2022.
The report notes mangroves can be reduced in height by no more than 25% of the foliage each year, the trimming cannot result in the mortality of any mangroves and subsequent annual trimming height reductions depend on the remaining foliage. This could lead to a greater time span between trimmings. The report states the mangroves were measured with a telescoping pole and the report includes photos of a pole being used to measure the trimmed mangroves.
A telescoping pole was used to measure the recently-trimmed mangroves on the Aqua property. – FDEP | Submitted
The report states all trimmings over 3 feet long or over 3 inches in diameter were to be removed by hand, properly disposed of and all reasonable efforts should have been made to remove as much trimmed material as possible.
“Photographs will be taken and submitted to the department 14 days prior to each trimming and again within 14 days following the trimming activity, and a joint site visit with (FDEP) department staff within 30 days following each trimming event,” the report said.
The report notes those notification processes were not fully complied with.
“Unauthorized trimming activity was not evident at time of the inspections,” it said. “However, no pre- or post- photographs, pre-trimming notification or post-trimming notification was provided to the department.”
Recommendations in the report to bring the mangrove trimming into compliance include the property owner providing pre- and post-trim photos within 30 days and, at the next trimming event, photographs are provided to FDEP 14 days before and after trimming takes place. A site visit with FDEP staff also is required to be scheduled within 30 days of any mangrove trimming maintenance.
Attorney Edward Vogler II represented Aqua developer Carlos Beruff during the Aqua/Long Bar Pointe permitting process and continues to represent Beruff and the Aqua development team.
When contacted by The Sun on April 22, before the FDEP inspections occurred, Vogler said, “All the work done in connection with mangrove trimming is done by certified mangrove trimming experts under the supervision of environmental consultants. All work is done pursuant to proper permits. We welcome the investigation and I think it will be confirmed that everything was done properly.”
MANATEE COUNTY – State environmental authorities have conducted their initial inspection of the mangrove trimming that recently occurred along the shoreline of the Aqua property being developed adjacent to Sarasota Bay.
“DEP did do an initial inspection on Tuesday (April 26) and in the coming weeks we will be conducting an additional inspection,” said Alexandra Kuchta, press secretary for the Florida Department of Environmental Protection.
“I’d be happy to share a copy of the report once our inspections are completed,” Kuchta said in her email to The Sun.
Kuchta and FDEP provided no additional details on any findings or determinations made during the April 26 inspection.
The mangroves in front of this multi-unit residential building being constructed on the Aqua property were recently trimmed. The mangroves to the left were not trimmed. – Joe Hendricks | Sun
The Sun recently reported FDEP received three complaints about potentially illegal or improper mangrove trimming that occurred along the Aqua shoreline in February. FDEP email exchanges indicate procedural errors may have occurred regarding FDEP’s pre-trimming notification requirements and FDEP’s before and after trimming photographic documentation requirements.
The mangroves in front of the single-family homes being built on the Aqua property were recently trimmed. – Joe Hendricks | Sun
Aqua attorney Edward Vogler II recently told The Sun he believes all mangrove trimming that’s occurred on the Aqua property has been done in accordance with one or more permits previously obtained on behalf of developer Carlos Beruff and the Medallion Home development company.
Formerly known as Long Bar Pointe and Aqua by the Bay, the Aqua property is located in unincorporated Manatee County, between El Conquistador Parkway and Sarasota Bay.
MANATEE COUNTY – The Florida Department of Environmental Protection (FDEP) is investigating complaints about mangrove trimming along the Aqua development’s shoreline.
Formerly known as Long Bar Pointe and Aqua by the Bay, the Aqua property is located in unincorporated Manatee County between El Conquistador Parkway and Sarasota Bay.
The Aqua property is owned by Carlos Beruff’s Cargor Partners VIII/Long Bar Pointe LLLP and is being developed by Beruff’s Medallion Home development company.
The Aqua community is being developed along El Conquistador Parkway. – Joe Hendricks | Sun
On April 19, FDEP Press Secretary Alexandra Kuchta provided The Sun with the following email response regarding the mangrove trimming complaints the agency received.
“The Florida Department of Environmental Protection is investigating reports of mangrove trimming waterward of Aqua by The Bay. For context, these mangroves are managed by Long Bar Pointe, LLLP. Long Bar Pointe is a permitted mitigation bank and has an approved mangrove trimming plan. Since the property is privately owned, permission for site access is required prior to inspecting the property and DEP has been working to obtain this. At this time, our investigation is active and ongoing.”
Suncoast Waterkeeper founder and board member Justin Bloom is among those monitoring the investigation.
“I’ve reviewed the file on the state’s Oculus site. There have been several complaints of unpermitted mangrove trimming,” Bloom said.
Bloom has also been in contact with FDEP attorney Kirk White.
When contacted Sunday afternoon, Bloom said, “I learned late Friday afternoon from Kirk that they finally have an agreement to obtain access to the property and they’re going to be doing an onsite investigation on Tuesday. I’m glad to see DEP is finally getting onsite. I hope they do a thorough investigation; and if there are violations, I hope they adequately enforce them.”
FDEP letter
Kuchta’s email response included a copy of a letter FDEP Submerged Lands and Environmental Resources Coordination Program Administrator Timothy Rach sent to a Mr. Hoffman (first name not provided) on Oct. 2, 2019.
“The FMTP shall not allow any mangrove trimming below a height of 12 feet, as measured from the substrate, shall not allow for more than 30% of the total onsite mangrove acreage to be trimmed and shall not result in fragmentation of the remaining intact mangrove swamp into more than four individual fragments,” the letter states.
FDEP correspondence
Kuchta also shared a link to the online Oculus portal that provides access to additional documents and email exchanges pertaining to Aqua’s mangrove trimming authorizations and activities.
On Feb. 22, FDEP Southwest District Compliance Coordinator Derrick Hudson emailed Medallion Home Vice President of Land Operations Robb Bosarge and notified him that FDEP received an email from a citizen concerned about the mangrove trimming at the Aqua property.
Hudson’s email noted the Long Bar Pointe mitigation bank permit requires the property owner or his representatives to provide FDEP with 48 hours advance notice before any mangrove trimming occurs. The permit also requires photographs to be taken and submitted to FDEP 14 days before the trimming activity begins and subsequent photographs taken and submitted within 14 days after the trimming activity occurs. The permit also requires a site visit by FDEP staff within 30 days of the trimming.
“Please provide the status and any additional information associated with this season’s trimming activity. In addition, we would like to schedule a site visit to assess the area,” Hudson said in his email to Bosarge.
The FDEP records posted online do not include an email response from Bosarge.
On March 8, Hudson emailed FDEP attorney Kirk White.
“We received a complaint regarding possible unauthorized mangrove trimming in the Long Bar Pointe mitigation bank. Is there any way you could reach out to their attorney and open communication and/or see if they have appropriate contact information for a representative?” Hudson’s email said.
On March 9, Hudson emailed White again.
“I would like to conduct a site visit. Typically during this time of year, the mitigation bank conducts authorized mangrove trimming. However, I did not receive commencement notification as required by the permit,” Hudson wrote.
On March 11, White emailed attorney Doug Manson.
“Southwest District got a complaint about unauthorized mangrove trimming at the Long Bar Pointe mitigation bank. Derrick has tried to contact Mike Campbell and Rob Borsarge to arrange a visit but has not heard back. Any chance you could provide the OK for Derrick to get out at some point in the near future and check things out?” White’s email said.
In his March 11 response, Manson said, “I am glad to help facilitate a site visit with Derrick.”
That site visit was not arranged until late last week.
On April 18, Hudson emailed a complaint timeline to FDEP Environmental Resources Program staff member Hannah Westervelt. According to the timeline, FDEP received an email from a concerned citizen on Feb. 15, an online complaint from Manatee County resident Karen Willey on Feb. 22 and an anonymous complaint on April 4.
“The emails reveal a couple things,” Bloom said. “Most significantly, it appears that there’s a violation of their mangrove mitigation bank permit. That permit requires that they notify DEP prior to commencement of any trimming. Not only are they supposed to notify DEP, but they’re supposed to provide photos indicating existing conditions prior to trimming so they can compare what was there before trimming and what’s there after. It looks like they didn’t do that; and it looks like there’s been some very dramatic trimming, beyond what would be permitted in a mangrove mitigation bank permit or the general permit which would cover the mangroves at Long Bar Pointe (Aqua). I think there are likely to be violations of how and where they trimmed and then there’s the procedural violation which it seems like DEP has acknowledged in their email chain.”
Aqua attorney’s response
Edward Vogler II has long served as an attorney for Beruff and he represented Beruff and the development team during the lengthy Long Bar Pointe/Aqua by the Bay permitting process that dates back more than a decade.
Several multi-unit residential structures are being built on the Aqua property. – Joe Hendricks | Sun
Vogler was contacted by The Sun on Friday.
“The landowner/developer is aware of the complaints and has been in contact with the Florida Department of Environmental Protection and welcomes any type of investigation or inspection. All the work done in connection with mangrove trimming is done by certified mangrove trimming experts under the supervision of environmental consultants. They have the tools and the technology and they understand and follow the trimming rules and criteria. All work is done pursuant to proper permits. We welcome the investigation and I think it will be confirmed that everything was done properly,” Vogler said.
“There are general permits that allow mangrove trimming under certain conditions and circumstances and there are specific permits required for given circumstances. That property also has a permitted mitigation bank in which various other types of permits and authorizations were afforded to the property. I’m very confident that any trimming was done under one or more permits,” Vogler said.
He also referenced the previously trimmed mangroves along a portion of the adjacent shoreline of Legends Bay by Medallion Home.
The mangroves at the adjacent Legends Bay by Medallion Home community are maintained at a height similar to the recently-trimmed Aqua mangroves. – Joe Hendricks | Sun
“Those mangroves are trimmed every year and multiple complaints have been made about that. People get upset when they see mangroves trimmed but that’s an authorized practice in the state of Florida and it’s routinely done. Those mangroves over there have been cut for 15 years,” Vogler said.
Regarding FDEP’s requests to inspect the Aqua mangroves, Vogler said, “I’m not aware of any request being denied or delayed.”
Citizens’ concerns
Suncoast Waterkeeper Chairman and The Sun’s Outdoors Editor Rusty Chinnis is concerned about Aqua’s mangrove trimming.
On April 15, Chinnis said, “I was out fishing one day and noticed it so I called FDEP. The lady I talked to, Abigail McAleer, said someone reported it back in February but FDEP couldn’t go on the property without getting permission from the owners. I’m not accusing anybody of anything but it looks suspicious and it needs to be investigated.”
The FDEP graphic highlights some of Florida’s mangrove trimming regulations. – FDEP | Submitted
Chinnis referenced FDEP’s mangrove trimming guidelines and best management practices. According to that 2016 document, trimming mangroves that are over 24 feet tall requires a FDEP permit; and when trimming a mangrove tree that’s over 16 feet tall, no more than 25% of the tree can be removed per year.
“That first cutting they did looks like it’s about 50%,” Chinnis said.
The taller mangroves on the left were not trimmed. – Joe Hendricks | Sun
According to the FDEP trimming guidelines, a first trimming violation may result in the property owner being required to restore the area. For subsequent violations, property owners and the person performing the illegal trimming can be fined up to $100 for each mangrove illegally trimmed and up to $250 for each mangrove illegally altered.
“I’m not against development. I was a building contractor for 35 years, but I’m also a fisherman and I appreciate the importance of the natural environment to the ecology and the economy,” Chinnis said.
The FDEP guidelines note mangroves stabilize the coastline, protect water quality, reduce coastal flooding, provide habitat for fish, protect young fish from predators, protect wildlife species, serve as bird nesting areas and contribute $7.6 billion annually to the economy while creating 109,000 jobs in Florida.
Karen Willey is the conservation chair for the Florida Native Plant Society’s Serenoa Chapter. In February she filed a complaint with FDEP after seeing an Aqua advertisement that Medallion Home ran in the Washington Post.
“From the photographs in the ad, it appeared the mangroves had been trimmed and it looked questionable. I went to the FDEP website, filled out a complaint form and included a link to the ad. They called within a few days saying the mangroves appeared to be trimmed but they really couldn’t tell. They said they would be following up,” Willey said.
“This came up in February. Why is it the middle of April and they’ve done nothing? This is a serious issue. Mangroves are so important and we need to do everything we can to protect them. They should not be giving trimming permits on pristine mangrove forests like this. I think the time has come where we need to say no more mangrove trimming. Since the 1940s we have lost more than 50% of our mangroves on Sarasota Bay and we cannot afford to lose more,” Willey said.
On April 20, The Sun took a boat tour of the Aqua shoreline. A large swath of shoreline mangroves had been trimmed in front of the four-story, multi-unit residential buildings being built toward the northwest end of the Aqua property. The trimmed mangroves now provide a clear view of the bay for many of those residential units. The trimmed mangroves appear to be between 8 and 10 feet tall and the remaining untrimmed mangroves on the Aqua property appear to be between 20 and 30 feet tall.
These mangroves were trimmed along the southeastern end of the Aqua property where numerous single-family homes are being built. – Joe Hendricks | Sun
Another large swath of mangroves was trimmed to the same height in front of the single-family homes being built at the southeast end of the Aqua property. The trimmed mangroves along the Aqua shoreline are about the same height as the trimmed mangroves along the Legends Bay shoreline.
FDEP’s slow response
Bloom is also concerned about FDEP’s slow response time.
“It’s been several weeks. The first complaint was nearly a week before Karen Willey’s complaint. Someone made it to FDEP’s Southern District out of Fort Myers and it was relayed to the Southwest District in Temple Terrace that governs mangrove trimming in this area,” Bloom said.
“DEP took a very long time to respond to the situation and the email chains show what appears to be excessive caution and delay in responding to citizens’ complaints. Now we’re in a situation where it looks like the deed is done. With their failure to notify DEP and provide photographs of preexisting conditions, I think it’s going to really complicate any investigation because there’s going to be a lack of evidence of how they trimmed,” Bloom said.
“DEP seemed to be absent and it begs the question as to whether DEP is up to the task of adequately regulating and enforcing mangrove trimming in Manatee County; and whether Manatee County should pick up the slack. Every coastal county surrounding Manatee County has their own mangrove program. Sarasota County has been running a mangrove program for the last three years, I think, and Hillsborough and Pinellas counties have longstanding mangrove programs.
“Manatee County’s been the holdout and I think they need to take a hard look at paying attention to and protecting the existing natural environmental infrastructure which includes the mangroves, dunes and seagrasses that are rapidly disappearing. Sarasota County has lost almost all of their natural shoreline. Manatee County still has a lot, but we’ve just lost a significant amount at Long Bar Pointe (Aqua). What’s happening at Long Bar Pointe should focus the attention of the Manatee County Commission to recognize the need to pay more attention to our dwindling mangrove populations,” Bloom said.
“I will be bird-dogging DEP and try to be as up to date as possible on the investigation by reviewing their records and watching to ensure there’s a thorough investigation and appropriate enforcement. We don’t know what the violations have been, but the maximum fines for violations seem wholly inadequate considering the value that mangroves have to our estuary and our community,” Bloom said.
