Subject:
Title
Review of an after-the-fact Public Interest Determination (PID) request for an unpermitted “Widening Project within Pelican Creek,” 1865 1935 South Banana River Drive, Merritt Island. District 2.
End
Fiscal Impact:
Approval could cost the County in excess of $250,000 for wetlands restoration, monitoring, and maintenance or up to $500,000 for State and Federal wetlands mitigation bank credits.
Dept/Office:
Natural Resource Management Department and Public Works Department
Requested Action:
Recommendation
Staff requests that the Board of County Commissioners consider the applicant’s submittal and issue a finding of whether or not the proposed dredging activities meets the definition of Public Interest and Best Public Interest (as defined in both the Comprehensive Plan and the Brevard County Code) related to the request.
End
Summary Explanation and Background:
On June 24, 2024, Attorney Kimberly Bonder Rezanka, of Lacey Lyons Rezanka, on behalf of Mr. Aaron Reninger and Mr. Roger Xavier (Applicants), submitted a request for a PID for “Widening Project within Pelican Creek” (Project) (Submittal) (attached). The subject properties are located at 1865 1935 South Banana River Drive, Merritt Island (Tax Parcel IDs: 2524354, 2524350, 2535314, 30222327, and 2524353) (Project Area). Specific Project details were not provided, thus, the Brevard County Natural Resources Management Department (NRM) requested additional information. A Supplemental Engineering Assessment report (SEA) depicting a plan-view sketch showing the limits for the dredging, littoral shelf, and stormwater treatment swale was submitted on September 6, 2024 (attached). A significant portion of the dredging proposed in the PID request has already occurred illegally, without the benefit of any approval or permit from the County or any other jurisdictional agency (e.g., Florida Department of Environmental Protection, U.S. Army Corps of Engineers).
In June 2022, the Brevard County Public Works Department (Public Works) conducted routine maintenance activities (i.e., muck removal and tree and vegetation trimming) in the Pelican Creek Ditch both north and south of Old Causeway Road to improve drainage in the area. In response to a code violation complaint, in November 2022, NRM Enforcement Officer Mr. Jeff Cooke observed operators for Mr. Reninger conducting unpermitted dredging of the shoreline adjacent to the Applicants’ properties. This dredging was conducted despite the fact that Mr. John Denninghoff, Public Works’ former Director and current Assistant County Manager, denied Mr. Reninger’s requests for the County to dredge the area(s) in question on at least two prior occasions, and informed Mr. Reninger of the permitting requirements for such an initiative. The activity destroyed environmentally sensitive areas. Specifically, based on the wetland delineations identified in both Applicants’ Brevard County single-family home building permits, mangrove wetlands and uplands were excavated in favor of the new surface water area for the Applicants’ sole benefit.
The attached Staff Report presents the Applicants’ Submittal and relevant Comprehensive Plan, Manatee Protection Plan, and Brevard County code criteria in more detail. The Staff Report questions the potential public benefits purported by the applicant. The Submittal claims engineering and environmental benefits. However, the submittal does not provide additional stormwater modeling or quantify or substantiate the potential improvements of the already completed and proposed dredging relevant to water quality, flood mitigation, seagrass production, and other stated demonstrable environmental, social, and economic benefits.
The dredging of mangrove wetlands and the widening/deepening of a drainage ditch are not consistent with the County’s Comprehensive Plan, including the Conservation Element, nor is such activity permissible through Brevard County Code, Chapter 62, Article X, Divisions 3 (Surface Water Protection) and 4 (Wetland Protection). The aforementioned information along with the Applicants’ Submittal are provided as information to assist the Board on determining whether the Submittal meets the definition of “Public Interest” and “Best Public Interest” (as defined in both the Comprehensive Plan and the Brevard County Code) related to the PID request.
Board Options:
1. Deny PID request. This will allow Brevard County to continue to work with FDEP on its own draft consent order without any prejudice and will enable the County to continue code enforcement action(s) against the Applicants to resolve the documented violations of the Brevard County Code in front of the Brevard County Code Enforcement Special Magistrate.
2. Approve PID as presented by the Applicants. This would allow further dredging subject to authorization by both the FDEP and US Army Corp of Engineers.
Approve PID for the allowance of maintenance dredging only with appropriate State and Federal permitting. This would require the restoration of any areas that were dredged outside of the historical ditch configuration without approval.
Clerk to the Board Instructions:
None