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.”
Readers of this column are familiar with the rampant illegal mangrove trimming in Manatee County and the efforts of Suncoast Waterkeeper (SCWK) to address them. That frustration led to SCWK Executive Director Abbey Tyrna contacting the Florida Department of Environmental Protection (FDEP) expressing the group’s frustration and giving specific examples of policy failures. I’m printing that letter here because I couldn’t say it better.
First Place
Environmental
2023
Dec. 22, 2022
Florida Department of Environmental Protection
Compliance Assurance Program, S.W. District
RE: Professional Mangrove Trimmer Accountability for Multiple Mangrove Trimming Violations in Manatee County
Dear FDEP District Staff,
Recently, there has been a ramping up of citizens’ complaints relating to mangrove trimming permit violations in Manatee County. In addition to the outstanding complaints at Long Bar Pointe, 223 41st Street N.E., and 10218 46th Ave. W. in Bradenton, there have been new complaints filed at 521 Broadway St. in Longboat Key and Mount Vernon Condominiums on Cortez Road at 27°27’11.0″N 82°39’22.0″W. Suncoast Waterkeeper has a substantial interest in mangrove regulation and enforcement in Sarasota Bay and beyond. Mangroves in Manatee County particularly concern Suncoast Waterkeeper, our members and the communities that rely on these precious coastal resources. Unlike neighboring Sarasota County, where approximately 80% of the natural shoreline and mangrove coverage has been hardened and removed, Manatee still retains significant and ecologically important mangrove coverage. We believe that the 1996 Mangrove Trimming and Preservation Act violations are commonplace.
In an effort to curb violations, Suncoast Waterkeeper investigated whether the mangrove trimmer at Aqua was licensed under state law to perform the work conducted in February 2022. Unfortunately, the search did not yield the desired results because the department does not keep a database of all licensed mangrove trimmers. While in most professions, if a licensed professional breaks the law performing their job, their license is questioned, scrutinized and there is a formal process to hold the individual accountable for their poor job performance. Unfortunately, this is not the case in Florida, and we believe that a lack of accountability for the licensed professional will lead to more mangrove loss. Moreover, undertaking regulated actions without an appropriate license should, like other regulated occupations, have consequences for the individual trimming or removing mangroves in violation of the Mangrove Trimming and Preservation Act.
We fear that the lack of penalties for these numerous illegal actions will send a message to licensed professionals and their clients that mangroves can be illegally altered and removed without consequences. There are no better examples of this than FDEP’s recent findings from its inspection at 10218 46th Ave. W. in Bradenton and Long Bar Pointe. Both properties have had previous enforcement cases. The property at 10218 46th Ave. W. had an enforcement case in 2013 for the same violation. In 2013, no penalties were enacted and the case was closed nearly two years later when a follow-up inspection concluded that the mangroves had recovered on their own. Without consequences, the homeowner once again hired a tree trimming service to alter the mangroves on her property illegally. This aggressive trimming is known to harm these protected tree species and was the impetus for the Mangrove Trimming and Preservation Act.
Long Bar Pointe also had an enforcement case in 2021 and closed without penalties in April of this year. Unfortunately, the second aggressive trimming event reported in January 2022 has led to a significant amount of tree debris in the estuary contributing to a localized harmful algal bloom in the spring. According to Sarasota Bay Estuary Program Director Dr. Dave Tomasko, “That portion of the bay has much more macroalgae than most of the rest of our bay, and a preliminary nitrogen loading estimate suggests that a localized nitrogen load [coming from the mangrove trimming debris] is likely playing a role in the problems we see in that part of the bay.” The summary letter issued to the FDEP by Long Bar Pointe on Oct. 7, 2022 noted that the mangrove trimmers did not know they were supposed to remove the debris from the water. According to that same letter, penalties are forthcoming. However, there have been no updates on Oculus since Oct. 7. Meanwhile, Sarasota Bay continues to be negatively impacted by decomposing mangrove material, and communities scarred by illegal trimming and removal are increasingly vulnerable to hurricanes and suffer a reduction in overall resilience.
Finally, the complaint filed on Oct. 14, 2022 for the property at 223 41st St. N.E. in Bradenton has no complaint or inspection report logged. Can you please provide us with a file or link to a complete set of documents in DEP’s possession related to 2022 trimming at Long Bar/Aqua, 223 41st St. N.E., and 10218 46th Ave. W.? We are not sure if there are other documents related to the trimming, investigating and penalties of these filed complaints.
We want to see the regulatory framework accomplish environmental protection in Manatee County and elsewhere. We hope that enforcement actions and penalties will be strong enough to incentivize future compliance with Florida law. We also want to see licensed and unlicensed trimmers who break the law held accountable for their actions.
We encourage DEP to consider this and all other pertinent information. We recommend that you follow through on appropriate actions to protect our local waterways and the integrity of our environmental laws and regulations.
Thank you,
Abbey Tyrna, Executive Director & Waterkeeper
Rusty Chinnis, Board Chair
Justin Bloom, Founder & Board Vice-Chair
The damage to mangroves is a loss for every citizen in Manatee County, whether they are fishermen, restauranteurs, builders, realtors, homeowners or developers. These plants clean the water, protect every species that swims and feeds in local waters and are critical to protecting property from storm events like Ian. Get involved, call your commissioners and state representatives and demand accountability. If we don’t do it, no one else will. Happy Holidays.
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.
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.
BRADENTON – Manatee County commissioners have deleted a 2017 development stipulation that gave the commission and the public the ability to review the Aqua by the Bay development plans after the first 750 residential units are built.
During the county commission’s Thursday, Feb. 6 land use meeting, commissioners voted 6-1 in favor of granting a request from developer Carlos Beruff and county staff to delete Stipulation A.17 from the stipulations included in the General Development Plan unanimously approved by county commissioners on Oct. 3, 2017.
No longer in effect, the stipulation said, “Subsequent residential dwelling units, upon completion of the first 750 residential dwelling units, shall require further approval by the Board of County Commissioners at a public hearing prior to, or as part of, preliminary site plan approval, in increments of 750 units or more.”
Commissioner Steve Jonsson made the motion to delete the stipulation and commissioners Vanessa Baugh, Reggie Bellamy, Betsy Benac, Misty Servia and Priscilla Trace supported his motion.
County Commissioner Steve Jonsson made the motion to delete Stipulation A.17. – Joe Hendricks | Sun
Commissioner Carol Whitmore cast the only opposition vote after asking the commission to continue the public hearing to a later date to amend and clarify the stipulation rather than delete it.
Formerly known as Long Bar Pointe, Aqua by the Bay is now being developed on a 529-acre property between El Conquistador Parkway and Sarasota Bay in unincorporated Manatee County.
Developer’s request
Attorney Ed Vogler represented Beruff and Aqua by the Bay at Thursday’s hearing. He noted the general development plan was unanimously approved by county commissioners in 2017 and later withstood a legal challenge from project opponents.
The 2017 approvals allow 2,894 residential units, including up to 16 high-rise condominium buildings between 76 and 95 feet tall. The approvals also allow 78,000 square feet of commercial space.
Vogler said deleting the stipulation would not change the approved land uses, the density or intensity of the project, the building heights or the building locations.
Vogler said the stipulation was confusing for the developers and for county staff because of the words “upon completion” that could be interpreted to mean the developers need 750 county-issued certificates of occupancy before additional preliminary site plans could be approved.
Vogler noted the county staff report submitted prior to the meeting expressed similar concerns and stated staff supported removing the stipulation.
Vogler said 1,112 residential are already in various stages of permitting and permitting review with county staff.
“The Aqua by the Bay project is going forward. It’s under development,” he said.
Commissioners’ questions
Whitmore asked Vogler who wrote the stipulation.
“I think it was a collaborative effort,” Vogler said.
It was later noted during public comment that Servia proposed similar but more detailed stipulation language in the Sept. 15, 2017 letter she submitted to county staff. At that time, before she was a commissioner. Servia represented Beruff and Aqua by the Bay while employed by King Engineering Associates.
Whitmore noted the developers have the right to build 2,894 residential units with or without the stipulation.
County Commissioner Carol Whitmore cast the only vote opposing the deletion of Stipulation A.17. – Joe Hendricks | Sun
“My intent when I approved this was that you would come back and submit another preliminary site plan to us,” Whitmore said of the vote for approval she cast in 2017.
“It wasn’t that you weren’t going to be able to get it approved, because you were, but to appease us as a board, to make sure everything was on the up and up – to oversee this a little tighter because of the environmental concerns that a lot of people have along Sarasota Bay,” Whitmore said.
Whitmore said the commission approval would not have been unanimous without the stipulation.
“Would you agree that all the stipulations, including number 17, got you the 7-0 vote?” Whitmore asked Vogler.
“Ultimately, yes. There were two commissioners that talked about A.17,” Vogler responded.
In 2017, then-commissioners Robin DiSabatino and Charles Smith shared Whitmore’s concerns about the lack of specific details contained in the general development plan.
Servia and Bellamy were not commissioners when the general development plan was approved.
Benac asked Vogler if the stipulation was added to comply with county code.
“There is no code requirement. To be brutally frank and honest, we were listening to comments made by commissioners and we were trying to fashion something that provided comfort and support at the time,” Vogler said.
“Your counsel warned you at the time,” Vogler said of the limited authority the stipulation provided the commission to review plans submitted for additional development phases beyond the first 750 residential units.
Benac said the stipulation seemed like a good idea at the time but it gives people false hope that there’s still an opportunity to stop the project after the first 750 residential units are built.
Commissioner Vanessa Baugh said she didn’t understand why the stipulation was included in the first place and Jonsson expressed similar sentiments.
Staff comments
Manatee County Principal Planner Stephanie Moreland said staff and the applicant were both requesting commission approval to delete the stipulation.
Manatee County Principal Planner Stephanie Moreland agreed the stipulation should be removed. – Joe Hendricks | Sun
“The stipulation is unclear and it’s not working under the procedures that we are familiar with. I’ve never seen one that says upon completion a project must return to the board. Currently, there are 446 units issued, 316 units are under review and staff has had a pre-application meeting for 350 to 353 units. If we’re waiting for the structures to be completed and then come back with a preliminary site plan we’re too late in the process,” Moreland said.
Public input
Public input given during Thursday’s meeting did not sway the commission majority’s final decision.
Speaking on behalf of several Cortez residents, former County Commissioner Jane von Hahmann mentioned the lack of specific details contained in the general development plan that allows for up to 16 high-rise condominium buildings.
“We didn’t have a visual. We had a general development plan and that bothered commissioners. It certainly bothered the public because we had no way of knowing where, other than in the yellow area or in the orange area, these buildings were going to be allowed to be placed,” von Hahmann said regarding the 2017 approvals.
Von Hahmann referenced the concerns Commissioner Charles Smith expressed in 2017 about approving a multi-phase development project that developers said could take decades to complete.
“He couldn’t see himself approving something that was 20 to 30 years out. He expressed concern that the board is responsible for approving buildings over 35 feet, but the number of buildings is uncertain,” von Hahmann said.
“We’ve never seen any of the preliminary site plans that have been approved. If staff has anything that can show what’s already being laid out, maybe there’s a comfort level from us that we walk away from the stipulation,” von Hahmann said.
No preliminary site plans were presented at Thursday’s meeting.
“If the stipulation is providing grief because it’s not specific enough, we would ask that you go back to the drawing board and make it more specific,” von Hahmann concluded.
“The bay is very vulnerable. I think it’s very important that we maintain any kind of examination process on a big project like this,” Sarasota Bay Estuary Program member Jim Eliason said.
“Go back to the drawing board. The public does want to keep an eye on this,” county resident Dan Young said when urging the commission to revise the stipulation instead of eliminating it.
Former Manatee County resident Barbara Angelucci read aloud comments prepared by her friend Shannon Larsen, who could not attend Thursday’s meeting, and she shared her own thoughts too.
Former Manatee County resident Barbara Angelucci expressed the views she shares with her friend, Shannon Larsen. – Joe Hendricks | Sun
“A stipulation is something specified to or agreed upon in common – an agreement between opposing parties during the course of legal proceedings, legally binding and part of the record. Manatee County Zoning Ordinance PDR/PDMU 15-10 was duly adopted by the board of county commissioners on Oct. 3, 2017. This ordinance contained a number of stipulations that were promised, agreed upon and signed by Manatee County officials. Now, some 29 months later, the applicant would break their agreement, break their promise and break their binding contract with the commissioners and the citizens of Manatee County through their concentrated efforts to delete this stipulation,” Angelucci said.
“If Stipulation 17.A is allowed to be deleted, this breach of promise will set a course of action that provides this applicant and any other applicant the freedom of determination to delete additional stipulations that they themselves agreed to and promised,” Angelucci said.
“A promise is a promise, especially when it was made after hours and hours of deliberate and difficult decisions with input from the applicant, the applicant’s attorneys, the Manatee Board of County Commissioners and the citizens of Manatee County who should be able to trust their commissioners to uphold their promises and agreements and not fold to the demands of wealthy developers,” Angelucci said.
Former County Commissioner Joe McClash said, “Just for the record, we’re not getting notices as a public when things are coming through like site plans. I know the county has abilities to do that and this is one of those commitments I thought was made at the hearings – that we would be notified as height plans come in. Either that or we have to check every single week to see if the county’s received a site plan, which isn’t right.”
In response to McClash, Public Hearing Section Manager Margaret Tusing said Aqua by the Bay site plans are not available at the county website but can be obtained by making a public records request.
This new building is the first to be built on the Aqua by the Bay property. – Joe Hendricks | Sun
CORTEZ – The last time Cortezians took on Carlos Beruff, they lined up a 90-year-old woman, several seniors in wheelchairs, grandchildren, babes in their mothers’ arms and a disabled commercial fisherman along Cortez Road waving signs reading, “We are the little fish.”
For months, they filled hearing rooms with Cortez residents packed as tight as mullet in a cooler.
They beat the developer’s 2007 bid to buy the Cortez Trailer Park for $10.8 million, demolish it, displace the residents and turn it into a marina.
This time, Cortez-based FISH, the Florida Institute for Saltwater Heritage, has linked arms with Suncoast Waterkeeper and former Manatee County Commissioner Joe McClash to fight Beruff’s Aqua by the Bay project, formerly Long Bar Pointe.
The 529-acre residential/commercial project will have 2,384 residential multi-family units and 510 single-family lots, including a five-story building and a 13-story building, according to a county staff report, which states that the buildings are not expected to create any adverse impacts on surrounding developments – Legends Bay to the south, Tidy Island to the north and the planned Lake Flores to the east.
The Manatee County Commission is scheduled to decide on Thursday, May 4, the fate of two miles of pristine, state-protected mangrove fringe on Sarasota Bay, known to Cortezians as the kitchen, where juvenile fish, crabs and other marine life has long been protected by nature. The county Planning Commission recommended approval of the project 3-2 on April 13.
Beruff and partner Larry Lieberman lost their bid in 2013 to build a marina and channel at Long Bar Pointe when a judge ruled against his constitutional challenge to Manatee County’s comprehensive plan.
His new plan is to dredge out a 4.6-acre lagoon, or Estuary Enhancement Area, parallel to the shoreline and bordered by a proposed seawall on one side and the existing mangrove fringe on the other, with a break leading from the bay toward the project where the prohibited channel was located.
The construction of the lagoon will more than mitigate negative impacts to the 13 acres of wetlands in the project, and is “designed to create shallow vegetated wetland areas with deeper water refuges which are likely to create additional habitat for fish and wildlife,” the report states.
Many Cortezians, including Capt. Kathe Fannon, a former commercial fisherman who leads boat tours of Sarasota Bay, say it will do the opposite.
“People don’t come here to see high rises,” she said. “They come here to see that eagle’s nest (on the Long Bar Pointe property), and the manatees and dolphins in the bay.”
The staff report states that the enhancement area ultimately will reduce sediment transfer and damaging scour, or tidal action on mangroves.
“They claim this will keep sediments from mangroves that would degrade them, but our experts say the opposite is true; mangroves need sediments to stabilize themselves, otherwise they get scoured by the tides,” said Stuart Smith, of the Manatee-Sarasota Group of the Sierra Club and Suncoast Waterkeeper.
Seawalls have not been in favor since the 1970s in Florida partly because they cause erosion rather than prevent it, and “to bring them back now is ludicrous,” he said. “It’s a death sentence for the mangroves.
“This is the last intact coastal environment on Sarasota Bay, the best fishery on the bay, the only place you can go on the bay and not see a building,” he said. “This design is not appropriate for this place.”
“FISH wants this area protected; we here in Cortez need it protected as it plays such an important role in the very livelihood of so many who reside here in the village and make their living from the bay and coastal waters,” FISH Vice President and former Manatee County Commissioner Jane von Hahmann wrote FISH members in a call to action. “If you can, please attend the Board of County Commission meeting on May 4th; we need hundreds if not 1,000 citizens to once again show up and make it known our shorelines are of the utmost importance to us. They make Manatee County the incredible place it is.”
All seven Manatee County commissioners – with one apparent exception, Priscilla Whisenant Trace – have received at least $30,500 in total campaign contributions from Aqua by the Bay developers Carlos Beruff, Larry Lieberman, their related companies, or principals in their related companies.
Dec. 22, 2022
