HomeOutdoorsEnvironmentFDEP seeks $8,500 for...

FDEP seeks $8,500 for Aqua’s mangrove violations

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.

FDEP seeks $8,500 for Aqua mangrove violations
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.

FDEP seeks $8,500 for Aqua mangrove violations
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.

FDEP seeks $8,500 for Aqua mangrove violations
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.”

Most Popular

More from Author

Six charter amendments proposed

ANNA MARIA –The Anna Maria Charter Review Committee is propos­ing six...

AMI Moose Lodge hosts kids’ Easter party

BRADENTON BEACH – Due to rainy weather, Saturday morning’s Easter egg...

Business owners oppose multi-use path extension

ANNA MARIA – Some business owners are concerned about the city’s...

Anna Maria seeks to amend CBD prohibitions

ANNA MARIA – The city of Anna Maria is trying to...

Floridian Mortgage wins championship

ANNA MARIA – Spring has sprung and winter sports at The Center are coming to a close, with team Floridian Mortgage earning the win against team Moss Builders Thursday night in the adult co-ed flag football championship game. The top two teams in the league matched up in...

Man completes Chamber passport program in five hours

ANNA MARIA ISLAND - The annual Anna Maria Island Chamber of Commerce’s Passport Program is a fun way for residents and visitors to the Island to get out and discover Island businesses with a passport offered for free by the chamber. Participants are encouraged to get their passports...

One ARK Foundation raises funds for foster families

live music, delicious food and spirited fundraising as the One ARK Foundation held its second annual “Kindness Matters Extravaganza” at The Cheesecake Cutie & Cafe on March 21. “One ARK” stands for “one act of random kindness” and is a newly-established 501(c)(3) nonprofit organization founded by The Cheesecake...

Save our homes

This column should be titled “Save our Taxes,” since that’s what we’re really talking about. However, saving on property taxes is part of the Save Our Homes benefits and portability transfers are another piece of this law. In January of 2008, the Florida Legislature passed legislation that allows...

 Reel Time: Salon fundraiser meets with success

Salon (noun) - a conversational gathering of notables held at the home of a prominent person. On Saturday afternoon, Suncoast Waterkeeper held its Suncoast Salon fundraiser at the Sarasota home of Anna Maria residents Bill and Debbie Partridge. The event was a sellout and attracted some of...

Temporary paid parking vendors hired

BRADENTON BEACH – City commissioners considered four temporary use parking permits at the March 21 commission meeting and after much discussion, approved three with stipulations, denying one. Permit applications were submitted by developer Shawn Kaleta for temporary parking lots at 102 Third St. N., 207 Church Ave. and...

Fire department sued over rental regulations

BRADENTON – Almost a year after passing a resolution changing the district’s approach to taxing and inspecting vacation rental properties in residential areas, West Manatee Fire Rescue is receiving pushback from one rental owner. During a March 19 commission meeting, the district’s attorney, Maggie Mooney, informed the board...

Bridge Street traffic, parking among commission concerns

BRADENTON BEACH – In what was an unusually lengthy, seven-hour city commission meeting that began at noon on March 21, commissioners dove into parking and traffic issues, pickleball and organ donation. BRIDGE STREET ONE WAY? A Bridge Street business owner asked the commission to consider making Bridge Street one...

Scaccianoce new Bradenton Beach commissioner

BRADENTON BEACH – Ward 1 has a new commissioner. The application for commissioner by business owner and former Manatee County records manager Deborah Scaccianoce was approved by the commission and she was sworn in at its March 21 meeting. She filled the vacant seat left by former Commissioner Jake...

Kruse talks beach parking, Island consolidation

HOLMES BEACH – About two dozen people came out on March 20 to meet with Manatee County Commissioner George Kruse, bringing their questions for the candidate, who is seeking re-election in November. Kruse held a town hall meeting at the Island Branch Library where he answered every question...

Commissioners deny bids for paid parking

BRADENTON BEACH – Rather than partnering with an outside vendor as planned, commissioners are now considering city-managed paid parking lots throughout Bradenton Beach. The city had put out a Request for Proposals (RFP) on Feb. 9 to “Provide the City with a complete parking management and enforcement system...