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Swiftmud battles family
By ALEX LEARY, Times Staff Writer An Inverness family has been accused of damaging acres of sensitive wetlands off State Road 44 in Sumter County and could face steep fines as a result, environmental regulators said.
There are an estimated 60 acres of wetlands on the 236-acre property, 2.5 miles east of the Citrus County line and a short distance from the Withlacoochee River. "This is big-time stuff," said Swiftmud general counsel Bill Bilenky. "It's gotten a lot of attention here because of the significance." Though aerial photographs indicate widespread clearing of the property and freshly dug canals and ponds, officials are unsure exactly how many acres of wetlands have been affected. Dredge and fill work is closely monitored by Swiftmud, but in this case, the developer, Danny Suggs, never sought an environmental resource permit from the agency. Suggs, in an interview Friday, questioned whether Swiftmud had jurisdiction over his property, which he said will be used for six homes and a small herd of cattle. "I guess they think I'm a real estate developer. This is my family homestead," he said. "Sometimes Swiftmud jumps ahead of themselves and finds out they don't have some of the authority they claim to have. I certainly think that is the case here. I don't know why they are harassing or bothering me." Swiftmud spokesman Mike Molligan said the district had an obligation to investigate. "If it looks like the unpermitted activity could have negative effect on water resources, it's our responsibility to check into it. We have sent communication and not received anything back." Molligan said there is an agricultural exemption from permitting but a person has to meet certain standards, including having agriculture as an occupation. The development first came to Swiftmud's attention in spring 2001. On May 10, staff members visited the property and discovered dredging and filling of wetlands and the construction of large ponds, canals and homes. Later that month, the district sent the owners a notice of unauthorized construction. There was no response. (Though Danny Suggs purchased the property in the late 1990s, it has since been divided among several members of his family, including his wife and children. Suggs obtained building permits for the homes from Sumter County, which did not require him to have Swiftmud approval first.) On Aug. 1, the district issued the violation notice and proposed a consent order in which the property owners would allow inspectors onto the site to determine the impact to wetlands and the 100-year flood plain. It also would require all construction to cease until permits are obtained. The parties were given 14 days to respond, and as of Friday had not done so. Suggs said his attorney was preparing a response. If an agreement cannot be reached, Swiftmud's governing board would be asked to initiate litigation against the property owners. The district could also seek a court injunction barring any additional construction. Wetlands are often referred to as the earth's kidneys because they filter sediments, nutrients and pollutants from water. They are especially important in the area near State Road 44, Swiftmud spokesman Mike Molligan said, because of the proximity to the Withlacoochee River. Wetlands also serve as wildlife habitats and water storage and recharge areas for the aquifer. One of the photographs taken by Swiftmud in May 2001 shows depressions filled with light blue water. This suggests the aquifer was punctured, Swiftmud officials said. If true, contaminants could be entering the massive underground storage tank. Suggs said the ponds are for drainage or for cattle and denied the aquifer had been breached. The property is also sensitive because it is within the 100-year flood plain. By changing elevations, water could be directed to adjoining property, Swiftmud said. Suggs denies any harm to the environment. "There is nothing out there that I consider wetlands," he said. "I know from experience that you are not supposed to do anything to change the watershed of the property or adversely affect your neighbor." -- Alex Leary can be reached at (352) 564-3623 or leary@sptimes.com.
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