DEP issues warning letter to Santa Rosa resident charged with illegal land clearing
The Florida Department of Environmental Protection has added to the list of violations Monterey Shores subdivision property owner Benjamin Joyner could face sanctions for after being turned in for illegally clearing land at a homesite inside a Milton-area subdivision.
A letter sent to Joyner bearing the signature of DEP's Northwest Florida District Director Elizabeth Orr served to inform him an inspection of his property had revealed an unauthorized dredging and/or filling of wetlands or waters of the United States.
Such violations of state statute or administrative rules could result in liability for damages and restoration, the letter said, as well as the imposition of civil penalties.
Responding to a call for action that began Nov. 28 with a neighbor's concerns reaching the ears of local environmentalists, Santa Rosa County Code Enforcement officers and a DEP environmental specialist arrived at Joyner's property to find "several violations," according to Ryan Troutman, Santa Rosa's County Code Enforcement manager.
The county immediately ordered Joyner to cease and desist all clearing activity and issued citations for clearing without a permit and failing to use erosion control. The citations carry fines of $400 and $850.
Monterey Shores, in the Avalon community, is marketed as a waterfront subdivision off Indian Bayou within site of Escambia Bay.
Troutman said Joyner committed the environmental violations while "clearing the lot and bringing in fill to make the lot usable" and confirmed the illegal clearing was being conducted on a parcel of land that sits beside a marshland feeding into waters that eventually flow into the bay.
DEP had no record of a permit application for 2628 San Clemente Drive in Milton to conduct any fill activities in a wetlands, agency spokeswoman Ashley Livingston said in an email. Any activities occurring in, on or over surface water or wetlands requires authorization from DEP.
The "warning letter" Joyner received ordered him to respond within 15 days to arrange a meeting to discuss the alleged environmental violation.
"The department is interested in receiving any facts you may have that will assist in determining whether any violations have occurred," it said. "We look forward to your cooperation in completing the investigation and resolving this matter."
Santa Rosa County Property Appraiser records indicate Joyner owns seven lots within the Monterey Shores subdivision. Four of the lots were vacant on Aug. 29, 2022 when he purchased them for just over $100,000. When Joyner purchased a canal front home on Bayshore Parkway in the same subdivision in 2021, he paid $431,000.
Joyner did not respond to an email seeking comment.
This article originally appeared on Pensacola News Journal: DEP threatens sanctions in Santa Rosa County for filling in wetlands
