Long Bar Pointe mitigation bank petitioned by opponents

Opponents of a state permit that could establish a mitigation bank at the site of one of the most controversial housing developments in Manatee County have petitioned for an administrative hearing.

On Thursday, the last day the petition could be filed, an attorney representing environmental groups Suncoast Waterkeeper and the Florida Institute for Saltwater Heritage submitted the request to the Florida Department of Environmental Protection. On April 28, the agency noticed its intention to issue a permit to the developers of Long Bar Pointe to designate 262 acres of underwater lands as a mitigation bank.

Cargor Partners VIII/Long Bar Pointe LLC of Bradenton, a company controlled by Medallion Home president Carlos Beruff and Sarasota developer Larry Leiberman, could receive up to 18.6 mitigation credits in exchange for preserving and enhancing the land, which are covered in saltwater, mangrove swamps and some upland trees. The company plans to build its 3,200-home Aqua by the Bay subdivision on land that abuts the proposed mitigation bank.

They would be able to use credits to make up for habitat destroyed in building Aqua or at other development projects. They could also sell the credits to other developers for prices upward of $200,000 each.

In papers filed by Cape Coral attorney Ralf Brookes, the petitioners ask that the DEP permit be denied. They contend that the proposed mitigation bank does not meet the criteria for that designation under state law. In particular, they state in the papers that the Long Bar developers overstate the amount of environmental improvements they will able to do on the mitigation bank land. They say it is already in sound condition.

Part of the mitigation bank concept is that developers buy credits that are used to improve the ecology of mitigation lands to offset natural lands destroyed by development.

If mitigation land is already in sound, natural condition, it may not be possible to offset development damage elsewhere.

The petitioners also object to several specific features of the proposed mitigation bank, including a 12-foot navigation channel through the property and a stipulation that would allow the developers to cut about a third of the mangrove trees there to a height of 12 feet.

The Long Bar mitigation bank would be adjacent to about 260 acres of upland development needed to build the Aqua community. It will be accessed from El Conquistador Parkway.

Neither attorneys representing the petitioners nor the developer’s representative could be reached for comment on the filing.

The pursuit of the mitigation bank is one of several actions the developers have taken since the Manatee County Board of Commissioners blocked plans in 2013 to build a marina, a seawall and shoreline retail and housing on the Long Bar Pointe property.

Early this year, they lost an $18 million legal challenge against Manatee County over their claimed right to develop Long Bar's shore lands when a Manatee County judge ruled the suit lacked merit. They have since filed an appeal with the Second District Court of Appeals.

This story was originally published May 20, 2016 at 6:45 PM with the headline "Long Bar Pointe mitigation bank petitioned by opponents."