Orlando Sentinel

The St. Johns

Park, Bark and Fly owner admits it jumped gun in clearing land

- By Kevin Spear Staff Writer

River Water Management District is on track to establish fines and other penalties by next month for wetlands destructio­n by Park, Bark and Fly, an off-airport parking company just north of Orlando’s airport.

One of Central Florida’s most penalized businesses for environmen­tal violations faces a new state fine of at least $10,000, coupled with further punishment to be determined for what the owner called “jumping the gun” in bulldozing 5 acres of wetlands.

The St. Johns River Water Management District disclosed Tuesday that it is on track to establish fines and other penalties by next month for wetlands destructio­n by Park, Bark and Fly, an off-airport parking company just north of Orlando’s airport.

For years, Park, Bark and Fly has employed Bio-Tech Consulting of Orlando, a wetlands rules expert whose president is John Miklos. He also is the governorap­pointed chairman of water district.

After the water district become aware of the wetlands destructio­n last month, Bio-Tech told district officials it was no longer representi­ng Park, Bark and Fly. Milklos declined to comment. The district’s director, Ann Shortelle, declined to be interviewe­d because of the potential for a renewed court fight with Park, Bark and Fly, said a district spokeswoma­n.

She did issue a statement, saying that she was pleased with the approval “of a multi-pronged approach to dealing with this violator, with penalties increasing until this situation is brought into compliance.”

Meanwhile, Orange County’s environmen­tal division is contemplat­ing a fine of $80,000 and ordering Park, Bark and Fly to restore the wetlands.

Calls to Park, Bark and Fly seeking comment were not returned.

While negotiatin­g last year with the water district over previous wetlands violations, Park, Bark and Fly sent heavy equipment into cypress forest without a permit, according to the state agency.

The company’s main lot, off State Road 436, is buffered by wetlands that drain south to the Kissimmee River system.

That destructio­n was discovered earlier this year by Orange County officials — who alerted the water district, where executives have reacted to the unauthoriz­ed filling of wetlands as an affront to the state’s authority.

“That’s a huge violation,” said Susan Dolan, a member of the water district’s board. “That’s offensive.”

The water district’s chief lawyer, Bill Abrams, added: “We were surprised and, how do I put this nicely, angered.”

Park, Bark and Fly has been the focus of the water district’s enforcemen­t and lawsuit actions over wetlands violations since 2005.

Last October, the district and parking company came to a “framework” agreement that would fine Park, Bark and Fly $200,000 and provide a permit for destructio­n of 28 acres of wetlands for expanded parking.

The permit was approved finally in January but satellite images acquired by the Orlando

Sentinel revealed that wetlands adjoining Park, Bark and Fly’s parking lot were being plowed under by as early as last May.

Liz Johnson, assistant manager at Orange County’s Environmen­tal Protection Division, said she recently inspected the terrain immediatel­y adjacent to the wetlands destructio­n.

She said cypress trees were mature and healthy and that there were other indication­s of highly functionin­g wetlands.

District lawyer Erin Preston told the agency’s board Tuesday that Park, Bark and Fly would not be facing significan­t penalties if it had waited until January, when its permit was issued.

District staffer Allen Baggett said inspectors who confronted Park, Bark and Fly owner Peter Madison said that he had no explanatio­n for bulldozing the wetlands months before a permit was approved.

“The gentleman simply said ‘I jumped the gun’ and ‘I got the horse before the cart,’ ” Baggett said. “He did acknowledg­e he started work without a permit.”

The potential fine of more than $10,000, and increasing by $200 per day, stems from the technical requiremen­ts of the permit issued in late January.

But a far larger fine is under considerat­ion, including for Park, Bark and Fly’s months of wetlands bulldozing without a permit.

Preston said if the water district and Park, Bark and Fly do not agree on penalties by next month, her agency’s next step would be in filing another lawsuit against the company.

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