The St. Johns
Park, Bark and Fly owner admits it jumped gun in clearing land
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.