Beruff Seeks Mitigation Bank Permit as Ploy to Destroy Long Bar

In a surprise to the environmental community, developer Carlos Beruff’s company has applied for a mitigation bank over the submerged lands and wetlands his company owns at Long Bar Pointe. Mitigation banks have been controversial since their inception. This mitigation bank would be the first in Manatee County along our mangrove-lined shores. The kicker is that the mitigation bank has a break along the shoreline that would allow for a future boat channel and credits for trimming the mangroves to accommodate his development.

Mitigation banks have to prove a so-called "lift“ to the environmental conditions. Most projects include restoration; Beruff’s would mainly be preservation of wetlands, mangrove swamps and submerged lands already protected.

If he can prove to the Florida Department of Environmental Protection that the permit should be issued, he will be given credits that go into the bank. Just like money, these credits are withdrawn to accommodate environmental destruction; like a marina, channel dredging of sea grasses, or destroying mangroves needed to open a channel.

These credits have been termed "fantasy credits“ by environmentalists, based on Beruff’s environmental submissions. There is no actual measurable "lift“ to the environment that would create legitimate credits. Examples of this include the fact that credits cannot and should not be issued if the development would require what is proposed for a credit.

Long Bar Pointe has a site plan approved that stipulates no mangrove trimming, no docks, removal of Brazilian Peppers and other exotics, and a dedication to Manatee County for a conservation easement on the wetlands including the submerged lands. Beruff has in his mitigation bank application that he will do these same things as preservation for a mitigation bank credit.

Clearly this is the pathway to what caused almost 1,000 people to attend the marathon county meeting when Long Bar Pointe was being decided, objecting to his proposed marina and dredging of Sarasota Bay.

At that meeting, Beruff stated he wants us to look like a project in Barcelona, Spain. However, he wants to do this in an area Cortez fishermen call the "Kitchen“ due to its productive ecosystem. A new eagle’s nest has recently been reported at Long Bar at a wetland that was designated for years, protected by farmers. However, while Beruff was serving on SWFMD, a board that among other things delineates wetlands, the wetland designation was removed.

Another example of possible credits is establishing a pole and troll zone to protect sea grasses along Long Bar Pointe, where his company owns submerged lands about 100 feet from shore. Anyone that has fished in this area or kayaks there knows how little boat traffic there is, and that you can’t get close to shore since the water is only about a foot deep.

In his narrative, Beruff would have us believe he can provide "lift“ because it reduces prop damage to sea grasses and removes the threat of a marina, boat docks, and dredging. However, there is no evidence the sea grasses are impacted, so the idea of a "lift“ is a fantasy.

Beruff also states the signs for pole and troll will be in three feet of water. These water depths would be a few hundred feet from his property. FWC has refused to indicate they would permit these signs, so they would be only informational.

Furthermore, the marina threat still remains along with dredging sea grasses and docks, since the mitigation bank is not continuous and has a break along the shoreline of about 150 feet–just wide enough for that channel needed for his original plans that included a marina and hundreds of boat docks behind homes and a hotel.

Another one of the credits can only be classified as absurd. Beruff actually wants credits to trim the mangroves, destroying the natural canopy that currently exits. He claims he can trim mangroves to 6 feet but will limit his trim to 12 feet, and thinks he should be given credits for doing so. Under mitigation trimming rules, if the land is in conservation or used for mitigation they should not be able to trim the mangroves at all!

Florida statue 403.9323 states: "Legislative intent. (1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction. (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans.

Another amazing fact is that Beruff has applied for a development approval from the county using the wetlands he wants in the mitigation bank for density transfers, with a lagoon running almost two miles on the back side of the mangroves, along with a seawall.

While the application is silent on the channel to the bay, it is evident the mitigation bank permit would allow the possibility for him to request approvals in the future for this devastating blow to our bay. The county has yet to schedule any approval hearings.

In the meantime, Beruff’s company has sued the county to eliminate its environmental policies that would protect the environment; not only at Long Bar, but the entire county. Manatee County did an excellent job defending the suit and received an order denying Beruff his victory, but the judge’s order has been appealed by Beruff. Another pending suit is also against the county by Beruff’s company for road improvement requirements that demands about $2 million from the county.

Typically, any project would be required to be looked at as a whole development and not a piece meal approach. The state’s environmental rules are created in this manner to avoid what we see taking place here. The FDEP needs to reject this permit and make Beruff’s company comply with the environmental permitting rules. Such a bad precedent would be created by allowing this mitigation bank permit that would eventually collapse our environment, and impact our economy.

If you want to voice your opinion to FDEP, the contact for FDEP is Matt Wilson, Environmental Specialist and his email is matthew.s.wilson@dep.state.fl.us. The link to the FDEP file can be viewed by clicking here. Or you can sign the petition online by visiting Deny Beruff's Mitigation Bank Permit - a Ploy to Destroy our Environment.