The line in the sand for those opposing the Long Bar Pointe mitigation bank is being drawn to protect mangroves and seagrasses.
The 262-acre bank could someday become part of a mixed-use development — 3,200 homes and 78,000 square-feet commercial space on 529 acres — proposed by Larry Lieberman and Carlos Beruff, a U.S. Senate candidate.
Two environmentally minded groups — the nonprofits Florida Institute for Saltwater Heritage and Suncoast Waterkeeper — and former Manatee County Commissioner Joe McClash went on record May 19 opposing the mitigation bank planned 5 miles from Anna Maria Island in Sarasota Bay.
On behalf of McClash and the nonprofits, attorney Ralf Brookes filed a 30-page petition against a proposed permit by the Florida Department Environmental Protection.
FISH is a Cortez-based group with a mission to preserve the environmental integrity of the maritime community. Suncoast Waterkeeper seeks to protect coastal waters of Manatee and Sarasota counties.
Their petition asks for a hearing and to intervene in any other petitions related to DEP’s April 28 notice of intent to issue a permit. It also asks the DEP to deny or modify the permit.
According to the DEP deputy press secretary Dee Ann Miller, Brookes’ petition will be forwarded to the division of administrative hearings, which will set a hearing date, if it’s deemed sufficient by DEP’s general counsel.
For direct notice recipients, May 19 was the last day to file a petition. Any other petition is due by May 26 — except for Manatee Fruit Co., controlled by Whiting Preston, and its proposed Lake Flores development.
The DEP gave the developer of Lake Flores, a nearby 1,300-acre subdivision, until 5 p.m. June 2 to file after a May 19 extension request indicated a concern about their drainage rights being impacted by the permit-required conservation easement.
Brookes’ petition disputes the DEP findings that led to the permit, saying the bank will impair, pollute or injure the natural resources of Sarasota Bay, including mature mangroves and seagrasses.
“The proposed activity will interfere with navigation … fishing and nature-based recreation on a public accessible area known as ‘The Kitchen,’” Brookes wrote.
The petition also contends the bank will disrupt fish and wildlife and “does not emphasize the restoration and enhancement of degraded systems” as required by state law.
Brookes also said the permit fails to regulate mangrove trimming, leaves room for channel dredging and is “not clearly in the public interest.”
Mitigation banking allows developers to destroy wetlands in one place by paying for “credits” to enhance natural areas in the “bank” areas.
The proposed DEP permit assigns Long Bar Pointe 18.62 mitigation credits — 7.39 for seagrasses, 0.23 for salt marshes, 7.6 for mangrove swamps, 0.69 for trimmed mangrove hedges and 2.71 for coastal freshwater marshes.
And if the DEP — and the U.S. Army Corps of Engineers — permits are issued, Beruff will be able to sell mitigation credits to developers, including his own development companies in Manatee, Charlotte and Sarasota counties.
As the bank operator, Beruff could be paid $100,000-$200,000 per credit.
Sarasota Bay is recognized as a protected Outstanding Florida Waterway and estuary of national significance.
Beruff’s proposed mixed-use subdivision, Aqua By The Bay, is under review by Manatee County planners.
At a May 18 county meeting, his consultants advised of options to reduce the housing density to 3,008 or 2,921 units, but said they were still requesting 3,197 units.
DEP OKs proposed mitigation bank activities
Mangroves, seagrass, freshwater and uplands would be enhanced and preserved in a 262-acre mitigation bank on Long Bar Pointe.
That is the gist of a Florida Department of Environmental Protection April 28 letter from environmental specialist Matt Wilson to Long Bar Pointe LLLP.
The mangrove swamp/proposed mangrove hedges and submerged seagrass are “proposed for preservation only” and freshwater and uplands degraded by invasive exotic vegetation are to be enhanced, according to the DEP document.
Proposed bank activities include:
• Removal of exotic plants and cultivation of native plants on about 17.8 acres of freshwater marshlands.
· Removal of invasive exotic vegetation on 3.2 acres of degraded coastal uplands, replaced with native plantings.
· Removal of nuisance vines and exotic vegetation on 6.4 acres of coastal uplands.
· Treatment of mangroves and salt marshes to remove low levels of nuisance and invasive exotic vegetation.
· Buoys placed to warn boaters of shallow and environmentally sensitive conditions.