FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary January 30, 2019 Patrick Leonard, Management member CL-RP Hutchinson, LLC c/o Richard Ladyko Ladyko Design Group, LLC 4400 Belle Grove Drive Fort Pierce, FL 34981 Enginpod225@aol.com Re: Warning Letter No.: WL19-00006ERP56SED Sunset Beach PUD Site No.: 264272., Project No.: 382406 St. Lucie County Dear Mr. Ladyko: An inspection was conducted at the Sunset Beach PUD construction site, regarding Permit 56-0264272-002-EM, on January 18, 2019. During this inspection, possible violations of chapter 403, Florida Statutes (F.S) were observed. During the inspection, Department personnel noted the following: • Unauthorized alteration of mangroves Violations of Florida Statutes or administrative rules may result in liability for damages and restoration, and the judicial imposition of civil penalties, pursuant to sections 403.121, 403.141 and 403.161, Florida Statutes. Please contact Robert Mullins, at (561) 681-6634 or via email at Robert.Mullins@floridadep.gov within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this matter. The Department is interested in receiving any facts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting that you feel could help resolve this matter. Please be advised that this Warning Letter is part of an agency investigation, preliminary to agency action in accordance with section 120.57(5), Florida Statutes. We look forward to your cooperation in completing the investigation and resolving this matter. Sincerely, Jennifer K. Smith District Director Southeast District Florida Department of Environmental Protection JKS/JA/MS/rm Enclosure: Inspection Report cc: FDEP-SED: Jason Andreotta, Monica Sovacool, Robert Mullins Florida Department of Environmental Protection SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM INSPECTION REPORT DATE: 01/18/2019 TIME: 10:35AM SITE ID#: 264272 PROJECT ID #: 382406 DEP FILE NO. 56-0264272-002-EM PROJECT NAME: Sunset Beach ADDRESS: Parcel ID No.: 2529-233-0002-000-0 DEP REPRESENTATIVES: Robert Mullins and David Petti OTHER REPRESENATIVES: Richard Ladyko WORK IN COMPLIANCE: No LOCATION OF INSPECTION: The project location includes mangrove wetlands, Class III Waters of the State, and is adjacent to State Road A.1.A on parcel, 2529-233-0002-000-0 in St. Lucie County. Figure 1: Parcel 2529-233-0002-000-0 in St. Lucie County EVENTS LEADING TO THE INSPECTION: On January 17, 2019, the Florida Department of Environmental Protection’s Southeast District office (SED) received a complaint related to Permit 56-0264272-002-EM, regarding possible mangrove alterations taking place at a construction site along State Road A1A in St. Lucie County. Upon receiving the complaint, SED staff members Mullins and Petti scheduled a site inspection to be conducted the next day on January 18, 2019. INVESTIGATION PROCEDURES AND FINDINGS: On January 18, 2019 staff members Mullins and Petti arrived at the site, parked along A1A, and met with authorized agent Richard Ladyko. Immediately east of A1A, staff observed that a vegetative area approx. 50’ x 50’, predominantly of mangroves (red, white, and black), had been cleared for the purpose of bridge construction. The mangroves in this area were found to be defoliated and cut approximately one to two feet above the substrate. The permit allows for only minimum trimming activities necessary to install the bridge piles. Pursuant to Ch. 403.9325, F.S., “Trim” means to cut mangrove branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy the mangroves. “Alter” means anything other than trimming of mangroves. The mangroves subject to the clearing were not trimmed; therefore, they were altered. Additionally, the corridor of clearing appeared to exceed what was necessary to install the bridge. VIOLATION DETAILS: The clearing activities conducted in the mangrove wetland meet the definition of “alter” under the 1996 Mangrove Trimming and Preservation Act (Section 403.9321 - 403.9333, Florida Statutes (F.S.) and would have required a permit modification or other form of authorization. 403.161, F.S. Prohibitions, violation, penalty, intent. (1) It shall be a violation of this chapter, and it shall be prohibited for any person: (b) To fail to obtain any permit required by this chapter or by rule or regulation, or to violate or fail to comply with any rule, regulation, order, permit, or certification adopted or issued by the department pursuant to its lawful authority. ADDITIONAL INSPECTION NECESSARY: Yes Inspection Report Page 2 of 4 PHOTOGRAPHS TAKEN: Picture 1: Photo looking east from S.R A.1.A at altered mangroves. Picture 2: Photo looking west towards S.R A.1.A at altered mangroves. Inspection Report Page 3 of 4 Picture 3: Photo looking south from the construction site at altered mangroves and mangroves adjacent to project. Picture 4: Photo looking north towards the mangroves adjacent to the project area. Inspection Report Page 4 of 4