Environmental Groups Appeal SWFMD's Approval of Neal Compound on Perico

BRADENTON – Suncoast Waterkeeper, Sierra Club, Florida Institute for Saltwater Heritage, Manasota-88 and Joseph McClash have filed an appeal to a recent ruling by the Southwest Florida Water Management District that deviated from an Administrative Law Judge's recommended order to approve an environmental permit that would allow developer Pat Neal to destroy an acre of high-quality wetlands to build what he has described as a family compound of four houses on Perico Island.

The permit was approved by a 10-1 vote of the SWFWMD board, despite a lengthy finding of facts in the ALJ's recommended order detailing why the water management district should not issue the permit. The Army Corps of Engineers had also weighed in previously against the proposed development.

"Reasonable assurances were not provided that the proposed project is clearly in the public interest because of the adverse cumulative effects on the conservation of fish and wildlife, fishing and recreational values, and marine productivity of Anna Maria Sound, an Outstanding Florida Water,“ wrote Judge Bram D. E. Canter in his recommended order.

"It resembles the kind of project that was common in the 1960s and 1970s in Florida, before the enactment of environmental regulatory programs, when high-quality wetlands were destroyed by dredging and filling to create land for residential development.“

"The project, the developer, and SWFWMD’s actions are a reminder that the progress made over the last 40 years since the enactment of the Clean Water Act is being swept aside by wealthy, connected developers and their political cronies within the Scott administration," said the group in a press release announcing the appeal. "This project in particular reeks of cronyism. The motion to approve the permit was made by Carlos Beruff, the Manatee County developer, friend of Pat Neal and owner of Medallion Homes. Instead of abstaining from participating in this matter, which appears to be a conflict of interest, Beruff led the vote to approve as his last act on the Board, resigning the following day."

Justin Bloom, founder and executive director of Suncoast Waterkeeper said of the group's intention, "We’re holding the line on protecting our coastal mangrove systems and moreover, on safeguarding our community’s environmental protections from corrupt developers and their political cronies. Agency decisions like these send a message to the public that money and influential friends still trump good policy, governance and the public interest. We think the appellate court will see this subversion for what it is.“

Attorney Ralf Brookes, who represented the Sierra Club said, "We agree with the findings and conclusions of the Administrative Law Judge. It is important to preserve these mature mangrove wetlands on site because they provide natural storm protection, prevent erosion and provide important habitat for wildlife here in Anna Maria Sound near the historic fishing village of Cortez. It is important to protect our remaining mangrove wetlands as valuable natural resources especially in aquatic preserves and outstanding Florida waters."