Army Corps looks into violation allegation at Harbor Sound

PERICO ISLAND -- As site work progresses on a controversial shoreline subdivision owned by developer Pat Neal, the federal agency charged with vetting the last permit Neal needs to build there is investigating an alleged wetlands protection violation.

According to Nakeir Nobles, a spokeswoman for the Corps' Jacksonville office, the agency is reviewing the allegation levied by the project's opponents as it continues to review a permit for Neal's four-home Harbor Sound community.

She gave few specifics, noting that details of the investigation will be made public after it is complete. She declined to confirm who made the allegation.

"Once a determination has been made, our conclusion will be available," she said.

Attorney Ralf Brookes, who represents several environmental groups that are appealing a state wetlands permit for the project, submitted the allegation in late September, said Joe McClash, a former Island County commissioner who has led legal opposition against certain aspects of Neal's project. It alleges that some of the land at the 3.46-acre construction site Neal identifies as uplands are or until recently functioned as wetlands.

McClash and environmental groups including ManaSota-88, the Sierra Club and Suncoast Waterkeeper are specifically opposing the proposed filling of .72-acre of coastal wetlands to expand the buildable footprint at Harbor Sound.

McClash said he believes Neal jumped the gun at Harbor Sound. Site work started at Harbor Sound in September. The first infrastructure for the subdivision went into the ground earlier this month.

"Mr. Neal has taken a huge risk moving forward without the Army Corps permit," McClash said Monday.

Neal said he met with Corps officials last week and was assured that there is no evidence of a violation at the work site. He said personnel from several agencies have inspected the work at Harbor Sound, including the Corps, the U.S. Environmental Protection Agency and the National Marine Fisheries Service.

Two weeks ago, workers at the site began installing piping for a storm water system.

Michael Neal, Pat Neal's son and the project manager at Harbor Sound, said he is being guided by the involved government agencies, although some observing the work at the site may have made "good faith allegations."

"They've all seen it with their own eyes and there's been no indication of violations," he said.

Pat Neal has stated the homes he is building at Harbor Sound are for members of his family. The project site is part of a larger, 40-acre property he owns on the western shore of Perico Island facing Anna Maria Sound. A site plan for the development was approved by the city of Bradenton. The Southwest Florida Water Management District approved a water resource permit in August needed to do the work.

Nearly two weeks ago, attorneys representing groups opposing the state permit met with Swiftmud attorneys in court-ordered mediation. The session did not achieve an outcome, so the two sides will now face off in court.

Matt M. Johnson, Herald business reporter, can be reached at 941-745-7027 or on Twitter@MattAtBradenton.

This story was originally published December 21, 2015 at 5:14 PM with the headline "Army Corps looks into violation allegation at Harbor Sound ."