Long
Bar Pointe developer Carlos Beruff has convinced the state to permit
a mitigation bank that he wants to use to help him destroy local
wetlands. The
permit runs contrary to the Florida Department of Environmental
Protection's review, but was changed after a private meeting between
the reviewer’s boss, Tim Rach, and Division Director, Fred
Aschauer, now the General Counsel for the Department.
The
permit is being challenged by Suncoast Waterkeeper Inc., Florida Institute for Saltwater
Heritage (FISH), and TBT publisher Joseph McClash, who served 22
years as a Manatee County Commissioner. A DOAH hearing is scheduled
for October 4 to 7.
However,
Beruff also needs to get a permit from the Army Corp of Engineers
(ACOE) because he wants credits for a mitigation bank to destroy
federal wetlands and sea grass in Sarasota Bay with his proposed
project. The
ACOE has received what is called a prospectus,
the first step in obtaining a mitigation bank permit, and have
noticed the public.The public has until August 13, 2016 to comment. Here are some
reasons we think they should reject
the application:
1.
The mitigation bank will have a 120-foot break in the most natural
shoreline along Sarasota Bay. This
break is the location that Beruff has proposed a new boat channel
cutting through high-quality mangroves and virgin sea grass. This
break along the coastal area will prevent wildlife from using this
natural corridor and have adverse impacts on wildlife and the
wetlands.
2. The mitigation bank does not meet the
requirements to preserve the land and water in the existing, natural condition. Beruff has
convinced the state to allow trimming mangroves in the mitigation
bank for his development and
includes a conceptual mangrove trimming plan.
This violates
state permitting for trimming mangroves, yet the provision is in his
state permit that would allow trimming in a mitigation bank. This
contravenes the conservation easement requirements to maintain the
bank in the exiting, natural condition, which the trimming of
mangroves adversely impacts.
3. The mitigation bank will
forever change the aesthetics along the last remaining shoreline by reserving a boat channel area through mangroves and sea grass,
trimming of mangroves and placing buoys along the shoreline.
4.
The bank should be considered the first phase of development for Long
Bar Pointe, with a new boat channel and a marina–which Manatee
County residents overwhelmingly opposed at one of the longest and
most attended meeting in Manatee County’s history. The ACOE should
reject this policy of using a mitigation bank to disguise the total
impacts from a master plan Beruff has to impact the environment.
5.
The mitigation bank would
create additional flood hazards by not maintaining in the existing natural
state, the existing shoreline. The mitigation bank credits would
allow removing the mangroves along the shoreline. These mangroves
buffer the shore and structures from storms and waves.
6.
The mitigation bank has used artificial credits to justify the
destroying of the environment, creating future unmitigated adverse
impacts on fish and wildlife values. Once a credit is issued based on
"fake lift" then Beruff or others can use these credits to
destroy the environment without equal compensation. For
example,
Beruff's plans to place buoys, not on his property but in state waters, at
a cost of around $6,000. For this, will get around seven credits to possibly allow destruction of seven acres of sea grass. No sea
grasses are ever created to
offset those destroyed.
He claims he is preserving sea grass that would have been impacted
when, essentially, he would get to destroy sea grasses without
creating any. The fact is that sea grass in Sarasota
Bay has exceeded their goal now by over 3,000 acres, mostly in
the area around Long Bar Pointe because
of the work of the National Estuary Program.
Beruff states unfounded claims this area is impacted by high nutrient loading.
Historical trends shows sea grass not there in the 1980s came back steadily. Hence, the only preservation we need is
protection from this poorly conceived development.
7. Since the
mitigation bank separation along the shoreline is for ripping out
mangroves and sea grasses for a new channel, there will be
shoreline erosion and accretion. When boats use a channel, turbidity
increases, silt is sent on top of the sea grasses and adverse impacts
are created. This is the reason the county prohibits new channels. However, Beruff and company don’t like policies to protect the
environment if they impede development and sued the county, arguing
that their rules were not legal. The Judge correctly noted it was
within the county’s powers to protect the welfare of the public.
Beruff did not like the Judge’s decision and appealed,
costing taxpayers more money defending what should be logical and
reasonable for protecting our quality of life.
8. Another
issue that the state reviewer noted was that the proposed mitigation
bank "is little more than what would be expected to occur in the
'without bank' scenario, as only approximately 8 acres of mangroves
are being preserved from trimming beyond what would already be
required, the sea grass areas and remaining mangroves are already
protected and any impacts would have to be mitigated, and the exotic
removal in the upland portions of the proposed bank would be required
by local ordinances." Credits are not supposed to be issued if
local state or federal rules would require the same action.
9. Most of the mitigation bank
requests credits for preservation. The ACOE states "preservation
may be included as the sole basis for credits only under exceptional
circumstances." This is not an exceptional circumstance, and the
ACOE needs to give this so called mitigation bank the quick red
light.
The mitigation bank as proposed is technically
infeasible, and should not be processed because of the issues stated
above. Any
mitigation bank proposal that does not preserve the entire shoreline
should be rejected. It also sets a bad precedent for future
mitigation banks.
The
community needs to help protect this last part of natural
shoreline along Sarasota Bay, known as the "Kitchen." It is the most productive habitat and the genesis for sea life throughout our area. Our recreational and
commercial fisherman can’t afford to lose more resources. Our
ecotourism depends on this natural shoreline.
The Army Corp of Engineers have requested for you to comment. Take the time to write or call before it is too late.
Contact
Ms. Amy Thompson :
electronic mail at Amy.D.Thompson@usace.army.mil,
fax at 904-232-1904,
telephone at 904-232-3974
or at the following address:
DEPARTMENT OF THE
ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX
4970
JACKSONVILLE, FLORIDA 32232-0019
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