Skip to main content

Tag: Florida Department of Environmental Protection

Longboat Key considers joint regulation of mangroves with AMI cities

Written by Leslie Lake on . Posted in Anna Maria Island, Community News, Longboat Key.

LONGBOAT KEY – With an eye toward teaming up with the three Anna Maria Island cities to obtain Florida Department of Environmental Protection (FDEP) authorization to regulate mangroves, the Longboat Key Town Council invited FDEP Environmental Manager Hannah Westervelt to speak at its May 20 meeting.

“We’ve been discussing with the communities in Anna Maria Island possibly working to put together a joint program to preserve the mangroves on our two islands,” Longboat Key Town Manager Howard Tipton said.

Westervelt provided a slide presentation beginning with an overview of the Mangrove Trimming and Preservation Act (MTPA) of 1996.

“The legislative intent of the Mangrove Trimming and Preservation Act is to protect mangroves,” Westervelt said.

She noted that the MTPA protects both living and dead mangroves and does distinguish between the two, however, dead mangroves provide structure and habitat.

“Something to think about,” she said. “Don’t remove mangroves because they’re dead. Contact me first, please.”

Westervelt discussed the process for local governments to obtain FDEP delegation authority over mangroves.

“I know that’s been a topic of discussion here so I wanted to talk about that,” she said. “Local agencies are able to adopt delegation. Something that is important to note is that they’re not allowed to limit the exemptions if they do get that authority.”

Westervelt said it’s up to local government to apply for that authority and FDEP will assist in the process.

“We have pre-meetings before that application is submitted so we can assist wherever needed,” she said. “But essentially it is up to that local agency to determine if they have the needed number of resources and the budget available for this project.”

Anna Maria City Commission Chair Mark Short, commissioners Gary McMullen and Charlie Salem and Building Department General Manager Dean Jones attended the May 20 Longboat Key Town Council meeting.

During the May 23 Anna Maria City Commission meeting, Short said he reached out to Westervelt and asked if it’s possible for FDEP to notify the city before any FDEP-approved mangrove removals take place in Anna Maria.

“If a property owner wants to alter their mangrove – alter basically means to do anything other than trim – they have to go to DEP to get the permit. DEP has no requirement to inform the city that a property owner has made this request,” Short said.

“I asked her if the city of Anna Maria formally requested DEP to inform us if any such permit requests are made for a property in Anna Maria, they would inform us. She did not see any reason why they could not honor that but that would require approval at a level higher than she is. So, I have asked the mayor to work with the city attorney to draft such a request to send to FDEP,” he said.

“If it can be approved, then going forward we can have this ability when a property owner does request to alter the mangroves on their property,” Short said. “I’m not saying it’s going to make everything right, but it sure seems to make sense to me that we at least know what’s going on.”

– Sun Correspondent Joe Hendricks contributed to this story

Mayors propose to regulate mangroves

Mayors propose to regulate mangroves

Written by Leslie Lake on . Posted in Anna Maria Island, Community News.

LONGBOAT KEY – The mayors of the three Anna Maria Island cities and Longboat Key are considering making a joint application to the Florida Department of Environmental Protection (FDEP) to obtain local control over mangrove regulations.

The discussion took place at the Coalition of Barrier Island Elected Officials (BIEO) meeting on April 17 at Longboat Key Town Hall, and followed a presentation by Suncoast Waterkeeper Executive Director Dr. Abbey Tyrna.

Tyrna began her presentation by displaying a 1940s-era aerial photo of the north end of Anna Maria Island, which showed a lagoon lined with mangroves.

“I wanted to show you this because later you’re going to see where mangroves were removed from a place that is now on what they call a manmade canal,” she said. “From the 1940s you can see there were a lot of naturally-occurring mangroves.”

In the 1990s, a large amount of mangroves were removed during a period of development, she said.

“Most of that was occurring on the Sarasota Bay side of things,” she said. “At the time mangroves decreased by 26%.”

She said that number has increased exponentially with further development.

“Canals are a particular focus, because the mangroves are vulnerable right now to development,” she said. “Older homes are developed, out with them goes not only the older home, but also the mangrove area.”

Any mangrove in a canal system can be removed under the 1996 Mangrove Trimming and Preservation Act, she said.

“So the state will allow that removal” in Manatee County, Tyrna said, adding that it’s different in Sarasota County, because officials there have opted to accept the delegation of enforcement of the 1996 Mangrove Trimming and Preservation Act. The county does not allow mangroves to be removed on manmade canals without mitigation.

Tyrna then displayed a photo of a home at 111 Gull Drive in Anna Maria prior to its development and the subsequent removal of 116 feet of mangroves, which was allowed under an FDEP seawall exemption.

“You’ve probably seen 111 Gull Drive in the news,” Tyrna said. “Here’s 111 Gull Drive before the development with the mangroves lining the shoreline.”

She then showed a photo of the Gull Drive property following the mangrove removal there under an FDEP seawall exemption.

“You can see all the trees that used to line the coast are now gone,” she said. “This isn’t happening in a vacuum. There are property listings where it says ‘on a manmade canal. Mangroves will be removed.’ That means there is a lack of understanding about how beneficial they are.”

Tyrna said mangrove removal is a crisis occurring throughout the Suncoast in the rivers and bays. Suncoast Waterkeeper in the last year received 18 violation reports about the removal of mangroves.

“We need strong local policies that protect our wetland systems,” Tyrna said. “The good news is, local governments can actually take delegation and enforcement of the 1996 Mangrove Trimming and Preservation Act.”

She listed municipalities that have done so, which included Sarasota County and Sanibel.

“Sanibel is a barrier island much like your own and has a great robust program that puts education at the forefront of its delegation,” she said.

At the conclusion of Tyrna’s talk, Anna Maria Mayor Dan Murphy asked what the first steps would be if a municipality, or all the towns on the Island, wanted to accept delegation of mangrove enforcement.

Tyrna suggested Murphy speak to Sanibel and Sarasota County officials and refer to the state statute which outlines the delegation application process.

Hannah Westerveldt from the FDEP mangrove division will be giving a presentation at a Longboat Key work meeting on Monday, May 20, according to Town Manager Howard Tipton.

“We could continue the conversation then,” he said.

“I wonder if we could do this under the auspices of the barrier islands (BIEO), where we band together,” Murphy said, noting that while Anna Maria likely couldn’t afford to set up the program alone, the four cities coming together could be a viable option.

“One of us could house the function and others could, through an interlocal agreement, avail themselves of that,” Longboat Key Mayor Ken Schneier said.

Schneier asked Tyrna to send him program information from Sarasota County and said he would distribute it to Murphy, as well as to Holmes Beach Mayor Judy Titsworth and Bradenton Beach Mayor John Chappie.

“This is in our own backyard. The scalping (of the mangroves) is not going to stop,” Murphy said. “It’s going to continue until we do something about it.”

“We really need to have the mangrove replacement remedy available,” Schneier said.

Tyrna said local governments that have delegation authority have the ability to be stricter than the state regulations.

“The state is the floor, you have all the way up to the ceiling,” Tyrna said.

State pursues net camp demolition

State pursues net camp demolition

Written by Leslie Lake on . Posted in Anna Maria Island, Community News, Cortez.

CORTEZ – The Florida Department of Environmental Protection (FDEP) is proceed­ing to have Raymond “Junior” Guthrie remove his net camp from Sarasota Bay just off the Cortez commercial fishing docks.

“This case is still in the post-judgment phase to compel compliance with the court’s final judgment, which ordered Mr. Guthrie to remove the unauthorized structure,” FDEP spokesperson Brian Humphreys wrote in a March 14 email to The Sun. “In November, Mr. Guthrie was ordered by the court to show cause by March 5, 2024, as to why this final judgment should not be enforced and why sanctions should not apply. “

Humphreys said the deadline has passed and there has been no response from Guthrie, and FDEP is evaluat­ing its next steps.

“As this process is ongoing, we are limited in our ability to comment further,” Hum­phreys wrote.

The civil suit against Guth­rie was filed by FDEP on Feb. 6, 2018 in the 12th Judicial Circuit Court when the agency claimed that Guthrie had constructed an unauthorized enclosed docking structure on sovereign submerged lands in Sarasota Bay, and ordered its removal.

Guthrie maintained that his family previously had a net camp in that spot and the structure was protected under the 1921 Butler Act, which awards title of submerged lands to adjacent waterfront property owners who made permanent improvements on the submerged lands.

A judgment was granted in favor of the FDEP on Feb. 25, 2019, and Guthrie was ordered to remove the structure.

On May 4, 2023, 12th Judicial Circuit Court Judge Edward Nicholas signed an order dismissing the case due to failure to prosecute, but on Nov. 2 it was reopened at the request of FDEP, which claimed it had not been given proper notice.

FDEP: Mangrove removal requires additional approval

FDEP: Mangrove removal requires additional approval

Written by Leslie Lake on . Posted in Environment, Outdoors.

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.

New way to report mangrove violations

New way to report mangrove violations

Written by Leslie Lake on . Posted in Environment, Outdoors.

SARASOTA – Environmental advocacy organization Suncoast Waterkeeper has a new program for citizens to report potential mangrove trimming violations.

Altering mangroves without a permit and excessive trimming of both dead and live mangroves may be reported at https://www.suncoastwaterkeeper.org/eyes_on_the_suncoast

Suncoast Waterkeeper also invites volunteers to “Become a Mangrove Ranger and help us inventory vulnerable mangroves,” according its website. “One of the most important ecosystems on our coasts is mangrove forests. Unfortunately, mangroves in Manatee County are under enormous development pressure. Using drones annually, we aim to map the extent and health of mangroves in vulnerable areas. We need your help!”

The organization is assembling three to five teams of four people to map mangroves. Each team will consist of a licensed drone pilot, a boat owner, a spotter (no experience necessary) and a data manager.

A training meeting will be held on Saturday, Jan. 20 from 9:30-11 a.m. at the Bahia Mar West Marina, 6918 14th St. W. Bradenton. Attendees will be assigned to a team and will be given instructions and a location for conducting the first mangrove mapping project, along with scheduling the first drone flight.

More details are available at https://www.suncoastwaterkeeper.org/mangrove_rangers

Before you trim

Mangrove trimming applications must be submitted to the Florida Department of Environmental Protection (FDEP) prior to mangrove trimming or alteration.

The 1996 Mangrove Trimming and Preservation Act defines a mangrove as any specimen of the species – white, red or black mangrove. The law doesn’t distinguish between living and dead mangroves so the same trimming regulations apply to each.

“Mangroves are important for many reasons, and mangrove trimming is regulated under the Mangrove Act,” according to the FDEP website. “Mangroves serve as a key ecological component in several ecosystems, including serving as a nursery for many game and sport fisheries.”

SW_ERP@FloridaDEP.gov is the southwest Florida email address to apply for mangrove trimming applications.

The full text of the Mangrove Trimming and Preservation Act is available at https://floridadep.gov/sites/default/files/mtpa96_0.pdf

Citizens who would like to report potential violations directly to the FDEP may do so at https://www.surveygizmo.com/s3/4931167/Citizen-Concern-Form.

First wastewater pond closed at Piney Point

First wastewater pond closed at Piney Point

Written by Leslie Lake on . Posted in Environment, Featured, Outdoors.

PALMETTO – The environmentally unstable Piney Point phosphate processing site is moving towards closure with the completion of work on the first of four wastewater collection ponds, according to the Florida Department of Environmental Protection.

The work on the pond, built to contain industrial wastewater from phosphate processing operations, is substantially complete, according to FDEP. A liner has been installed on top of the pond, which is located at the top of a phosphogypsum waste stack. A new stormwater control system has been installed and grass has been planted to reduce soil erosion.

On March 25, 2021, Piney Point owner HRK Holdings LLC notified FDEP of a possible leak in the lining of one of the other three ponds, which is now in the process of closure. Five days later, FDEP authorized the emergency discharge of 215 million gallons of industrial wastewater from the pond into Tampa Bay to maintain the integrity of the gypsum stack and avoid a potential flood. Surrounding homes and businesses were evacuated.

From March 30 to April 9, the wastewater poured into the bay, adding an estimated 186 metric tons of nitrogen, exceeding typical annual nitrogen loads in a matter of days, according to the Tampa Bay Estuary Program. The nutrient exacerbated toxic cyanobacteria blooms that peaked in June, followed by a bloom of toxic red tide algae that caused fish kills, triggering the cleanup of more than 1,600 metric tons of dead fish.

On Aug. 5, 2021, FDEP filed a complaint in the 12th Judicial Circuit Court in Manatee County, initiating enforcement action against Piney Point owner HRK Holdings LLC. In the complaint, the agency requested a judgment against HRK of $50,000 a day in civil penalties for each day that it failed to remove process water at Piney Point, and $15,000 per day for failure to provide FDEP with financial assurance. The total maximum penalties for all of HRK’s violations total $119,745,000, according to the complaint.

“This action enforces compliance with the state’s environmental laws and all of HRK’s existing authorizations, orders and agreements with the department. The department is seeking the maximum allowable penalties and recovery of costs and damages under existing laws and regulations,” according to FDEP.

On Jan. 3, 2023, FDEP filed a motion for a default final judgment against HRK claiming in part that HRK failed to remove groundwater from Feb. 15, 2019 to May 15, 2022, and failed to meet groundwater standards on 18 separate occasions, equating to $270,000 in penalties. The case remains open.

On Dec. 16, 2021, FDEP issued a permit to Manatee County to build an underground injection well on Buckeye Road to receive industrial wastewater from Piney Point. The well began receiving the wastewater from the site on April 4, 2023. To date, more than 97 million gallons of wastewater have been transferred to the well.

Piney Point contamination extends to Tarpon Springs

Piney Point contamination extends to Tarpon Springs

Written by Leslie Lake on . Posted in Environment, Outdoors.

PALMETTO – A recent study shows the contaminated water from the 2021 Piney Point spill, which contributed to algae blooms and red tide in Tampa Bay waterways, traveled farther than originally thought.

According to the Sarasota Bay Estuary Program (SBEP), a chemical signature from the spill was found more than 30 miles away, in St. Joseph Sound near Tarpon Springs.

Immediately after the spill in 2021, SBEP partnered with the Florida Department of Environmental Protection (FDEP), the Tampa Bay Estuary Program, Manatee, Hillsborough and Pinellas counties, the Florida Fish and Wildlife Conservation Commission (FWC), the National Oceanic and Atmospheric Administration (NOAA), the University of Florida and the University of South Florida to set up a series of sites to monitor existing conditions and determine the extent of the spill’s impact, according to the SBEP.

Results of that collaboration among agencies showed evidence of algae blooms and high concentrations of red tide in the months following the spill.

“A chemical signature, unique to the Piney Point effluent, was also found at a location in St. Joseph Sound, originally chosen to be a reference site, as it was assumed to be far enough away from the spill to avoid impact,” according to the SBEP website. “This was not the case as evidence of the Piney Point spill was also found at this location.”

In 2021, FDEP authorized the intentional emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to avoid a potential flood after a leak was discovered in the waste storage system. Surrounding homes and businesses were evacuated.

From March 30 to April 9, 2021, the wastewater poured into the bay, adding an estimated 186 metric tons of nitrogen, exceeding typical annual nitrogen loads in a matter of days, according to a report released by the Tampa Bay Estuary Program. The nitrogen worsened toxic cyanobacteria blooms that peaked in June, followed by a bloom of toxic red tide algae that caused fish kills, triggering the cleanup of more than 1,600 metric tons of dead fish, according to the report.

Last March, Manatee County Utilities crews began disposal of those waters into a permitted injection well.
The well, drilled to a depth of 3,300 feet below land surface, was completed by Fort Myers-based Youngquist Brothers Inc., working with consultants ASRus of Tampa and Manatee County Utilities staff. By collaboratively working with the FDEP, crews were able to expedite the well work, which was completed in late 2022.

The well holds Piney Point’s process water in a confined saltwater aquifer over a half mile below the surface under the Floridan aquifer, the state’s drinking water source.

The phosphate process water will continue to be drained from the reservoirs atop nearby phosphogypsum stacks as the plant is permanently closed, and will be pre-treated before injection.

Reel Time: Mangroves – Critical habitats

Reel Time: Mangroves – Critical habitats

Written by Rusty Chinnis on . Posted in Environment, Outdoors, Reel Time.

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.

Tree house owners push for trial date

Tree house owners push for trial date

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – Tree house owners Lynn Tran and Richard Hazen may soon be getting their wish – it looks like their case is going to trial.

Manatee Circuit Court Judge Charles Sniffen has ordered attorneys representing the tree house owners and the Florida Department of Environmental Protection (FDEP) to attend a Monday, Aug. 8 case management session with the intent of setting a trial date.

In the lawsuit filed in December 2018 by Tran and Hazen against the city of Holmes Beach and FDEP, the couple asks for a temporary injunction to prevent city and state leaders from removing the two-story beachfront structure they built in 2011 at Angelinos Sea Lodge, 2818 Ave. E. and to stop the accumulation of fines against the property owners.

Tran and Hazen’s case against the city asking for an injunction was dismissed in July 2021 but their case against the FDEP continues. During a July 27 hearing, Sniffen denied the FDEP’s motion for summary judgment because an amended complaint had already been filed that nullified the one that was the subject of the case that day.

Tran and Hazen’s attorney, Bruce Minnick, requested that the case go to trial rather than get entangled in more motions in circuit court.

Sniffen advised both parties to determine how they wanted to move forward and prepare to choose a trial date for the case.

The structure has long been a contested issue between the property owners and representatives from both the city and the state. Tran and Hazen contend that before building the structure, they went to the city’s building department and asked if a tree house would require a permit and were told it would not. They proceeded to build the structure on the beach in front of their home and rental property, supporting it with an Australian pine tree and telephone poles disguised as tree trunks.

Later, they learned that not only did they need a building permit, but that the tree house also was built partially on the erosion control line, requiring a permit from FDEP.

The couple applied for FDEP permits but were denied. Attorneys for the department argue that Tran and Hazen had a chance to appeal the denial and did not pursue that route despite asking for the deadline to appeal to be extended twice, which was granted.

In 2013, the tree house was the subject of a city code enforcement board hearing where it was determined that after-the-fact permits would be required or the structure would need to be removed. The couple took the results of the board hearing before Manatee County Circuit Court and the Florida Second District Court of Appeal. Both courts upheld the board’s ruling on the tree house. A 2016 code enforcement special magistrate hearing in the city led to a $50 fine which has been accumulating since July 22, 2015, the date of the Second District Court ruling. That fine is over $125,000 with additional fines and legal fees adding up daily for Tran and Hazen.

When the couple applied for after-the-fact permits with the city, the requests were denied. Former Holmes Beach Building Official Jim McGuinness examined the tree house during his tenure with the city and determined that the structure could not be brought up to current building codes. City leaders began pursuing the option of legally ordering the tree house to be torn down in 2018, a case which is still pending in Manatee County Circuit Court. A temporary stay was ordered in that case in March 2021 which expires on Aug. 31 to allow the parties time to try and work together on a way forward.

A third case related to the tree house also is pending in circuit court to determine the constitutionality of the city’s codes. That case is scheduled for a hearing in late September.

Work continues to locate, fix Piney Point leaks

Work continues to locate, fix Piney Point leaks

Written by Cindy Lane on . Posted in Community News.

PALMETTO – Workers continue to search for leaks identified last month in a gypsum stack storing contaminated water at the former phosphate plant at Piney Point.

Contractors deployed a device last week designed to remove mud and silt, clearing the water so workers can find and repair the leaks more easily, according to a Florida Department of Environmental Protection report.

Piney Point’s court-appointed receiver also has authorized the use of a new system to maximize water evaporation from the wastewater storage pond in the leaking stack to lower water levels.

FDEP reported on Jan. 5 that three leaks in the stack were seeping less than three gallons of water per minute combined. Scuba divers and other workers identified the source of one leak using hydrophone surveys, sonar work and dye trace studies.

Leaking water is being pumped back into the storage pond on top of the gyp stack, according to the agency’s most recent report, which states, “There continues to be no indication of any concern with the integrity or stability of the stack system, and there are no offsite discharges occurring at this time.”

A leak in March 2021 resulted in FDEP approving the dumping of 215 million gallons of contaminated water into Tampa Bay to prevent flooding of homes and businesses in the event of the stack’s collapse. The contaminated water discharged in March and April spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that worsened a bloom of the toxic algae red tide that lasted from April to November, causing fish kills and respiratory irritation. Since then, about 265 tons of nitrogen and 240 tons of phosphate have been removed from the wastewater ponds as a precaution.

The contaminated water at Piney Point eventually will be injected into a 3,300-foot-deep well now under construction at 3105 Buckeye Road. The FDEP issued a permit in December for Manatee County to build the well despite objections from five environmental groups concerned about the potential for contaminating underground drinking water in the Floridan aquifer.

Piney Point closure date set

Piney Point deep well permit approved

Written by Cindy Lane on . Posted in Community News, Featured.

PALMETTO – The Florida Department of Environmental Protection (FDEP) has issued a permit for Manatee County to build a 3,300-foot-deep well to permanently store wastewater from the Piney Point phosphate plant.

The well, already staged for construction at 3105 Buckeye Road, will store treated phosphate processing water, according to Manatee County officials, who announced the Dec. 16 state approval in a press release.

The contaminated water is currently stored in ponds on top of phosphogypsum stacks, one of which is structurally unsound. The potential for the stack’s collapse and the potential flooding of area homes and businesses led FDEP to approve the dumping of 215 million gallons of untreated wastewater into Tampa Bay in March and April. The contaminated water spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that spurred a red tide bloom lasting from April to November, causing fish kills and respiratory irritation.

When the water is removed from the stacks and injected into the well, the stacks are expected to be re-lined, capped and topped with soil and sod, according to the press release.

“This project is one critical element of the necessary water disposal that will enable the ultimate closure of the Piney Point facility once and for all, eliminating the threat from this site to the environment and the community permanently,” according to the press release.

The county applied in April for the permit to build both a storage well and a test well of up to 950 feet deep to monitor drinking water; the permit application states that drinking water in the Floridan aquifer at the site is located about 900 feet underground. The county’s application to build both wells meets all applicable regulations for the protection of groundwater and the environment, according to an FDEP press release, which noted that its review included more than 7,000 public comments.

Opposition persists

Among those opposed are five environmental organizations that notified the county on Sept. 30 that they intend to sue the county over the plan.

The Center for Biological Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, ManaSota-88 and our Children’s Earth Foundation have not yet filed the lawsuit.

“However, if we are able to prove the wastewater to be injected is hazardous, we will likely revisit the deep well injection permit,” said Glenn Compton, chairman of ManaSota-88 Inc. “Whether we can prove the wastewater is hazardous or not will depend on the courts allowing us to get onsite and take samples. Thus far, we do not have the court’s approval to go on-site to sample.”

The groups previously sued Piney Point owner HRK Holdings LLC, Gov. Ron DeSantis, FDEP Secretary Shawn Hamilton and the Manatee County Port Authority in June over the wastewater dumping earlier this year. A hearing is scheduled on Jan. 26, 2022, in the U.S. District Court for the Middle District of Florida in Tampa on motions to dismiss the complaints against the four defendants, who have asked the court for an extension of time at least until Feb. 4, 2022.

HRK defaulted in a separate lawsuit filed by FDEP in August asking the 12th Judicial Circuit Court in Manatee County for injunctive relief to prevent any more discharges of wastewater from Piney Point, and claiming that HRK failed to safely operate the gyp stacks to protect surface and groundwater.

HRK has been in receivership since August; it also is in bankruptcy and is the subject of a repossession.

Fast-tracked permit

The April permit request by Manatee County was approved in draft form on Sept. 1 by FDEP, which completed its review by Nov. 24, issuing the permit on Dec. 16, when county officials announced in a press release that “Crews are already working to prepare for the drilling of the deep well,” expected to be completed by late 2022.

“We will proceed expeditiously to see this fully operational as soon as possible,” County Administrator Dr. Scott Hopes said in the press release.

“Emergency funding from the state of Florida is helping pay for the fast-tracked plans, with millions of dollars earmarked for the cleanup and closure,” according to the press release.

Six other deep-well injection sites exist in Manatee County – one operated privately, one operated by the city of Bradenton and four operated by Manatee County.

“This is a proven technology,” county Utilities Director Mike Gore said in a press release. “It’s been a tried and true method to safely dispose of effluent for over three decades.”

Related coverage

 

Piney Point deep well injection permit on fast track

 

Environmental groups sue over deep well injection plan

 

Piney Point ‘closure’ not the last word

 

Piney Point deep water injection well draft permit issued

 

Piney Point under new management

 

Rainfall could prompt second discharge at Piney Point

 

Florida DEP sues Piney Point owner

 

Conservation groups sue over Piney Point discharge

 

Piney Point-algae link explored

 

Piney Point spill leads to lawsuit

 

Piney Point pollution spreading, affecting dolphins

 

Piney Point wastewater spreading

Environmental groups sue over deep well injection plan

Written by Cindy Lane on . Posted in Environment, Featured, Outdoors, Red tide.

PALMETTO – Five environmental organizations notified Manatee County on Sept. 30 that they intend to sue the county over its plan to inject contaminated water from Piney Point into an underground well.

The groups previously sued Gov. Ron DeSantis, Florida Department of Environmental Protection (FDEP) Secretary Shawn Hamilton, Piney Point owner HRK Holdings LLC and the Manatee County Port Authority in June over the dumping of 215 million gallons of contaminated water into Tampa Bay in March and April from a storage pond on a compromised phosphogypsum stack at the closed fertilizer plant. FDEP approved the discharge to avoid the stack’s collapse and potential for flooding area homes and businesses.

The contaminated water spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that spurred a red tide bloom in April that caused fish kills and respiratory irritation, according to the plaintiffs. Red tide remains in medium concentrations in Manatee County waters, as well as Sarasota County to the south and Pinellas County to the north, according to the latest Florida Fish and Wildlife Conservation Commission report.

FDEP sued HRK on Aug. 5 asking the 12th Judicial Circuit Court for injunctive relief to prevent any more discharges of wastewater from Piney Point, claiming that HRK failed to safely operate the gyp stacks and protect surface and groundwater.

The state agency then issued a draft permit on Sept. 1 for Manatee County to build and test an underground injection well and a monitor well at 3105 Buckeye Road up to 3,300 feet deep to hold the wastewater. The monitor well to test drinking water would be up to 950 feet deep; the permit states that drinking water in the Floridan aquifer at the site is located at about 900 feet.

Injection well concerns

In its forthcoming case, plaintiffs say they oppose the county’s plan to inject the 271 million gallons of wastewater remaining in the gypsum stack pond into a deep well, claiming that “Piney Point’s radioactive waste would be injected underground into the fragile, porous karst geology that holds the groundwater supplies millions of Floridians depend on for drinking water.”

The Center for Biological Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, ManaSota-88 and our Children’s Earth Foundation explained the reasons for their lawsuit in a press release.

“This risky, shortsighted plan would be a dangerous experiment and set a troubling precedent for how we handle failing phosphogypsum stacks,” said Jaclyn Lopez, Florida director at the Center for Biological Diversity.

“The phosphate industry and FDEP continue to fail to ensure safe disposal of the industry’s polluted waste,” said Justin Bloom, Suncoast Waterkeeper founder and board member.

“There are many problems associated with deep well injection; wells are subject to failure and there are too many unknown hazards with injecting phosphogypsum wastewater,” said Glenn Compton, chairman of ManaSota-88.

“Florida’s officials are gambling with our water quality and our children’s futures,” said Annie Beaman, co-executive director of the Our Children’s Earth Foundation.

“There are too many unknowns for this to be our way forward,” said Megan Eakins, board chair of Tampa Bay Waterkeeper. “We need more clarity about injection well risks, the composition of the waste stream, and alternatives to be sure that this is the best way to protect our vulnerable environment and communities from this toxic, radioactive waste.”

“It is both unlawful and unwise for Manatee County to inject Piney Point’s hazardous waste into the ground simply for the sake of expediency,” said Daniel Snyder, an attorney with the Law Offices of Charles M. Tebbutt, P.C., who is representing the groups. “For too long, Florida regulators have stood by while the situation at Piney Point deteriorated. Now, instead of directly cleaning up this environmental disaster and abating the endangerment it poses, regulators decide to sweep the problem under the geologic rug, putting Florida’s groundwater at risk of significant contamination.”

Public comments sought

A public meeting is scheduled on Wednesday, Oct. 6 from 4-7 p.m. at the Manatee County Central Library Auditorium, 1301 Barcarrota Blvd., Bradenton, to allow an opportunity for citizens to provide input on the draft permit for the well and ask questions and obtain information about the draft permit and permitting process.

Anyone unable to attend the meeting in person who wishes to provide public comments in writing can mail them to: Florida Department of Environmental Protection, Aquifer Protection Program, 2600 Blair Stone Road, MS 3530, Tallahassee, Florida 32399-2400.

Related coverage

Piney Point ‘closure’ not the last word

 

No to deep well injection at Piney Point

 

Piney Point deep water injection well draft permit issued

 

Piney Point under new management

 

Rainfall could prompt second discharge at Piney Point

 

Florida DEP sues Piney Point owner

 

Conservation groups sue over Piney Point discharge

 

Piney Point-algae link explored

 

Piney Point spill leads to lawsuit

 

Piney Point pollution spreading, affecting dolphins

 

Piney Point wastewater spreading

Rainfall threatens to overfill Piney Point ponds

Piney Point ‘closure’ not the last word

Written by Cindy Lane on . Posted in Environment, Outdoors.

PALMETTO – When the former Piney Point phosphate plant is finally closed, the site will require monitoring – permanently – the Florida House of Representatives’ Agriculture and Flooding Subcommittee learned last week.

Closure of the environmentally-compromised site “… does mean that we’ll be doing monitoring of the site perpetually now until you and I are long gone from this planet,” subcommittee member Rep. Tobin “Toby” Overdorf (R- Port St. Lucie) said to Florida Department of Environmental Protection (FDEP) Secretary Shawn Hamilton on Sept. 22 during Hamilton’s update on Piney Point.

“Yes, sir. Long-term monitoring will be required. That is a fact and is expected,” said Hamilton, calling the closure process of the site at 13300 U.S. Hwy. 41 N. a “multi-year event.”

A meeting is scheduled on Wednesday, Oct. 6 from 4–7 p.m. at the Manatee County Central Library Auditorium, 1301 Barcarrota Blvd., Bradenton for public comment on the FDEP’s draft permit to allow Manatee County to build a deep injection well for Piney Point’s wastewater.

A leak was detected at the site in a gypsum stack that holds a retention pond on March 25, and FDEP approved the discharge of 215 million gallons of contaminated water into Tampa Bay to avoid an even larger spill that could have flooded area homes and businesses. The damaged area was patched.

The contaminated water contains phosphogypsum process water, seawater, rain, dredge material from Port Manatee and nitrogen and phosphorus, which act as fertilizer for red tide. The toxic algae has caused fish kills and respiratory irritation in and around Tampa Bay, the Gulf of Mexico and connected waterways – including around Anna Maria Island – since mid-April. Medium levels of the toxic algae were detected in water samples last week off AMI.

“Nutrients cause red tide. There’s no debate about that,” Hamilton said.

Shawn Hamilton, Secretary, Florida Department of Environmental Protection

Since the discharge, the contaminated water is being treated to remove nitrogen and phosphorus in the “unfortunate event” that another discharge becomes necessary, he said.

Each time it rains into the open pond, stormwater comes in contact with the contaminated water, increasing its volume, which was 273 million gallons as of Saturday, Sept. 25. Hamilton said the goal is to prevent stormwater from contacting the contaminated water, “…so you’re talking about getting to a point where the only thing coming off of that site to a large degree is clean stormwater.”

More than 2.2 million gallons of treated water have been transported to Manatee County’s North Regional Water Reclamation Facility to keep the pond from overflowing, with stormwater being discharged separately. As of last weekend, the pond had the capacity to store another 9.4 inches of rainfall.

“Dewatering” the plant is the first priority for the new receiver, Herbert Donica, a business lawyer and partner of the Tampa-based Donica Law Firm, appointed in August to manage the 466-acre site owned by HRK Holdings LLC. The company is in bankruptcy and is the subject of a repossession, as well as the defendant in two other lawsuits, one brought by FDEP and one by a group of environmental organizations.

To that end, FDEP issued a draft permit earlier this month for Manatee County to build a deep injection well to contain the contaminated water, which local environmental organizations oppose.

Asked about the safety of the well system, Hamilton called it “a proven technology,” adding, “We would not be supportive of anything that directly put our drinking water at risk.”

A public meeting is scheduled on Wednesday, Oct. 6 from 4–7 p.m. at the Manatee County Central Library Auditorium, 1301 Barcarrota Blvd., Bradenton, to allow an opportunity for citizens to provide input on the draft permit as well ask questions and obtain information about the draft permit and permitting process.

Anyone unable to attend the meeting in person who wishes to provide public comments in writing can mail them to the Florida Department of Environmental Protection, Aquifer Protection Program, 2600 Blair Stone Road, MS 3530, Tallahassee, Florida 32399-2400.

Related coverage

No to deep well injection at Piney Point

 

Piney Point deep water injection well draft permit issued

 

Piney Point under new management

 

Rainfall could prompt second discharge at Piney Point

 

Florida DEP sues Piney Point owner

 

Conservation groups sue over Piney Point discharge

 

Piney Point-algae link explored

 

Piney Point spill leads to lawsuit

 

Piney Point pollution spreading, affecting dolphins

 

Piney Point wastewater spreading

No to deep well injection at Piney Point

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

Dear Commissioners:

ManaSota-88 respectfully requests the Manatee Board of County Commission withdraw the application for an Underground Injection Control Well at Piney Point and place this item on the agenda for the next Manatee County Board of County Commission meeting.

ManaSota-88 continues to oppose construction of any deep injection well in the vicinity of the former Piney Point Phosphate Plant.

Groundwater pollution detection is an inexact science, it is easy to miss a toxic plume. Our knowledge of the health risks of long-term exposure of toxic and radioactive substances in phosphate wastewater is very limited.

There are many problems associated with deep well injection. All wells are subject to failure and there are too many unknowns to safely inject treated or partially treated effluent. The operation of a deep well relies very heavily on predictions and good faith.

Deep well injection is done because liquid wastes that cannot be discharged into surface waters are injected into deep wells. Thus, the worst wastes end up in these wells. If a failure occurs, very little can be done to correct it. If an aquifer is contaminated, it’s too late.

Confining layers don’t confine and effluents will ultimately migrate beyond the point of injection.

Monitoring programs are highly ineffective. Little is known of the chemistry and the biology of phosphate related well-injected wastes, excepting that those wastes move underground.
While the models upon which decisions to inject wastes are based look good on paper, changing conditions in the aquifers can allow wastewater to seep into the groundwater supply, and it would be too late then to correct the problem.

Groundwater is one of our most precious natural resources. Contaminated groundwater is extremely difficult, expensive and time-consuming to clean up. It is impossible to pump and treat all the contaminated groundwater in a plume and some of the contaminants will cling to soil particles and remain untreated in any event.

There are no easy answers to getting rid of the radioactive and toxic wastewater at the former Piney Point Phosphate Plant, however, deep well injection is not a solution that should be considered.

Sincerely,

Glenn Compton – Chairman
ManaSota-88, Inc.
P.O. Box 1728
Nokomis, Florida 34274
(941) 966-6256

Rainfall threatens to overfill Piney Point ponds

Piney Point deep water injection well draft permit issued

Written by Cindy Lane on . Posted in Environment, Featured, Outdoors.

PALMETTO – The Florida Department of Environmental Protection (FDEP) has issued a draft permit for Manatee County to build and test an underground injection well to store contaminated water from Piney Point under the Floridan aquifer, the state’s drinking water source.

The April 20 permit request by the Manatee County Utilities Department is for two wells at 3105 Buckeye Road – an injection well and a monitor well. Under the permit, issued Sept. 1, the injection well would be up to 3,300 feet deep and could be filled at the rate of up to 4 million gallons a day. The monitor well to test drinking water would be up to 950 feet deep.

A public meeting on the permit will be held on Wednesday, Oct. 6 from 4-7 p.m. at the Manatee County Central Library auditorium, 1301 Barcarrota Blvd. in Bradenton to give citizens an opportunity to comment on the draft permit, ask questions and obtain information.

Written comments also can be submitted to FDEP Aquifer Protection Program, 2600 Blair Stone Road, MS 3530, Tallahassee, Florida 33637-0926 by Oct 6.

Manatee County commissioners approved a $9.35 million agreement on April 20 – the same day as the permit request – for Tampa-based ASRus to design and build the deep injection well.

The permit, which makes the county liable for harm to human health or animal or plant life, also prohibits anything that “causes or allows movement of fluid into an underground source of drinking water,” which the permit states is located at about 900 feet deep at the site.

Should the injection well fail, the permit requires that current methods of water management resume, including trucking and piping the water off site. The removal of the contaminated water began after FDEP approved the emergency discharge of 215 million untreated gallons into Tampa Bay in March and April to avoid the potential collapse of the compromised south gypsum stack. The pond at the top of the stack then contained more than twice that amount of polluted water, which the state agency feared could flood the surrounding neighborhood.

Deep well injection “is one potential critical element of the necessary water disposal that will enable the ultimate closure of the Piney Point facility once and for all, eliminating the threat from this site to the environment and the community permanently,” according to an FDEP release.

Opposition to the well

Local environmental group ManaSota-88 asked the Manatee County Commission today to withdraw its application for the permit and place the issue on next week’s agenda for public discussion.

The group opposes the deep injection well on several grounds, including that wells are subject to failure, and that leaks of the contaminated water – which is also slightly radioactive – could poison the state’s drinking water.

“The operation of a deep well relies very heavily on predictions and good faith,” Glenn Compton, chairman of ManaSota-88, wrote the commission. “Deep well injection is done because liquid wastes that cannot be discharged into surface waters are injected into deep wells. Thus, the worst wastes end up in these wells. If a failure occurs, very little can be done to correct it. If an aquifer is contaminated, it’s too late.”

Compton also is concerned that changing conditions in the aquifer can allow wastewater to seep into the groundwater supply, and that detecting a leak in the system is “an inexact science.”

“There are no easy answers to getting rid of the radioactive and toxic wastewater at the former Piney Point Phosphate Plant, however, deep well injection is not a solution that should be considered,” he wrote.

ManaSota-88 is among five environmental groups that sued FDEP and Piney Point owner HRK Holdings LLC on June 24 seeking to hold both responsible for negligence in managing the site. No hearing has yet been set in the case.

A public meeting on the permit will be held on Wednesday, Oct. 6 from 4-7 p.m. at the Manatee County Central Library auditorium, 1301 Barcarrota Blvd. in Bradenton to give citizens an opportunity to comment on the draft permit, ask questions and obtain information.

Written comments also can be submitted to FDEP Aquifer Protection Program, 2600 Blair Stone Road, MS 3530, Tallahassee, Florida 33637-0926 by Oct 6.

Pond status

Water management at the site is ongoing. FDEP officials estimate that Piney Point will get at least another 7 inches of rain by the end of September. The current storage capacity for additional rainfall at the site is about 10.5 inches as of today. Totals are changing with rainfall amounts and water management activities at the site, including trucking water off site to the Manatee County Southeast Water Reclamation Facility to lower water levels; 228 trucks have hauled about 1,440,480 gallons of process water off site as of today. Contaminated water began to be piped to the North Regional Water Reclamation Facility on Sept. 2. About 263 million gallons remain in the pond, up from 256 million gallons on Aug. 28, the increase due to rainfall.

The state agency also is working with a contractor to remove nitrogen and phosphorus from the water in case another discharge becomes necessary. Since the April discharge, the water has been treated to remove about 200 tons of nitrogen and 150 tons of phosphorus. Both act as fertilizer for toxic red tide, which has plagued area waters since mid-April.

This week is the first that no red tide was detected in Manatee County waters since the discharge, although it remains in waterways in Pinellas County to the north and Sarasota County to the south.

FDEP Secretary Shawn Hamilton visited the Piney Point site on Sept. 1 to receive an update on the latest site conditions and meet with the new court-appointed receiver, Herbert Donica, a business lawyer and partner of the Tampa-based Donica Law Firm. Under the Aug. 25 court order appointing him, Donica is responsible for maintaining, managing and closing Piney Point “as efficiently and expeditiously as possible.”

FDEP sued Piney Point owner HRK Holdings LLC last month requesting an emergency hearing to appoint the receiver, concerned that heavy rains could overflow contaminated water ponds this summer.

Related coverage

No to deep well injection at Piney Point

 

Piney Point under new management

 

Rainfall could prompt second discharge at Piney Point

 

Florida DEP sues Piney Point owner

 

Conservation groups sue over Piney Point discharge

 

Piney Point-algae link explored

 

Piney Point spill leads to lawsuit

 

Piney Point pollution spreading, affecting dolphins

 

Piney Point wastewater spreading