FLORIDA DEPARTMENT OF Ron DeSantis

Governor

Environmental Protection Jeanette Nuñez

Lt. Governor
South District Noah Valenstein
PO Box 2549 Secretary
Fort Myers FL 33902-2549
SouthDistrict@FloridaDEP.gov

December 4, 2019

Michael McCormish, Manager

Greenscapes of Southwest Florida, Inc.
14370 Collier Blvd.
Naples, FL 34119
mmccormish@greenscapesfl.com

Re: Warning Letter

Greenscapes of Southwest Florida, Inc.
DEP File #: VCO-019-006
Collier County – Beaches and Coastal Systems

Dear Mr. Kariores:

A complaint inspection was conducted at the Madeira on Marco Island Condominium on

October 25, 2019. During this inspection, violations of chapter 403, Florida Statutes and chapter
161.053(2)(a), Florida Administrative Code were observed.

During the inspection Department personnel noted the following:

• Excessive cutting/pruning of native, salt-tolerant vegetation, including a Sea Grapes
(Coccoloba uvifera), exceeding the Department’s exemption criteria for dune
maintenance trimming activities.

The Department intends to pursue formal enforcement in this matter in the form of a Consent
Order with civil penalties. Please see attached Inspection Report for Corrective Action
Recommendations.

Violations of Florida Statutes or administrative rules may result in liability for damages and
restoration, and the judicial imposition of civil penalties, pursuant to Section 161.053(2)(a), F.S.,
Florida Statutes.

Please contact Jessica Thomas at (239) 344-5627, within 10 days of receipt of this Warning
Letter to arrange a meeting to discuss this matter. The Department will use any information you
provide in determining whether any violations have occurred. You may bring anyone with you to
the meeting that you feel could help inform this matter.
Greenscapes of Southwest Florida, Inc.
Warning Letter
Page 2 of 2

Please be advised that this Warning Letter is part of an agency investigation, preliminary to
agency action in accordance with Section 120.57(5), Florida Statutes. We look forward to your
cooperation in completing the investigation.

Sincerely,

Jon M Iglehart, Director

South District
Florida Department of Environmental Protection

Enclosure: Inspection Report

cc: Tonia Selmeski, City of Marco Island, tselmeski@cityofmarcoisland.com

Dennis Kariores, Operations Manager, dennis@rrestorationllc.com
Douglas Spong, President, marty@madeiraresort.net
Elizabeth Sweigert, Environmental Administrator, Elizabeth.Sweigert@FloridaDEP.gov
Derek Bellamy, Engineering Specialist II, Derek.Bellamy@FloridaDEP.gov
John Glunn, Environmental Specialist III, John.Glunn@FloridaDEP.gov
Jennifer Carpenter, ADDM, Jennifer.Carpenter@FloridaDEP.gov
Gary McAlpin, Collier County, GaryMcAlpin@colliergov.net
Jim Martinello, Environmental Administrator, James.Martinello@FloridaDEP.gov
Michael McCormish, Manager, mmccormish@greenscapesfl.com
Caleb Pringle, Esq., Strayhorn & Strayhorn, Caleb@strayhornandstrayhornlaw.com
 FLORIDA DEPARTMENT OF Ron DeSantis
Governor

Environmental Protection Jeanette Nuñez

Lt. Governor
South District Noah Valenstein
PO Box 2549 Secretary
Fort Myers FL 33902-2549
SouthDistrict@FloridaDEP.gov

December 4, 2019

Madeira on Marco Island Condominium Association, Inc.

c/o Douglas Spong, President
350 S. Collier Blvd., Unit 507
Marco Island, FL, 34145
marty@madeiraresort.net

Re: Warning Letter

Madeira on Marco Island Condominium Association, Inc.
OGC Case No. 19-1445
DEP File #: VCO-019-002 & VCO-019-006
Collier County – Beaches and Coastal Systems

Dear Mr. Spong:

A complaint inspection was conducted at the Madeira on Marco Island Condominium on

October 25, 2019. During this inspection, violations of chapter 403, Florida Statutes and chapter
161.053(2)(a), Florida Administrative Code were observed.

During the inspection Department personnel noted the following:

• Excessive cutting/pruning of native, salt-tolerant vegetation, including a Sea Grapes
(Coccoloba uvifera), exceeding the Department’s exemption criteria for dune maintenance
trimming activities.

The Department intends to pursue formal enforcement in this matter in the form of additional
civil penalties to the existing Consent Order, OGC Case No. 19-1445. Please see attached
Inspection Report for Corrective Action Recommendations.

Violations of Florida Statutes or administrative rules may result in liability for damages and
restoration, and the judicial imposition of civil penalties, pursuant to Section 161.053(2)(a), F.S.,
Florida Statutes.

Please contact Jessica Thomas at (239) 344-5627, within 10 days of receipt of this Warning
Letter to arrange a meeting to discuss this matter. The Department will use any information you
Madeira on Marco Island Condominium Association, Inc.
Warning Letter
Page 2 of 2

provide in determining whether any violations have occurred. You may bring anyone with you to
the meeting that you feel could help inform this matter.

Please be advised that this Warning Letter is part of an agency investigation, preliminary to
agency action in accordance with Section 120.57(5), Florida Statutes. We look forward to your
cooperation in completing the investigation.

Sincerely,

Jon M Iglehart, Director

South District
Florida Department of Environmental Protection

Enclosure: Inspection Report

cc: Tonia Selmeski, City of Marco Island, tselmeski@cityofmarcoisland.com

Dennis Kariores, Operations Manager, dennis@rrestorationllc.com
Douglas Spong, President, marty@madeiraresort.net
Elizabeth Sweigert, Environmental Administrator, Elizabeth.Sweigert@FloridaDEP.gov
Derek Bellamy, Engineering Specialist II, Derek.Bellamy@FloridaDEP.gov
John Glunn, Environmental Specialist III, John.Glunn@FloridaDEP.gov
Jennifer Carpenter, ADDM, Jennifer.Carpenter@FloridaDEP.gov
Gary McAlpin, Collier County, GaryMcAlpin@colliergov.net
Jim Martinello, Environmental Administrator, James.Martinello@FloridaDEP.gov
Michael McCormish, Manager, mmccormish@greenscapesfl.com
Caleb Pringle, Esq., Strayhorn & Strayhorn, Caleb@strayhornandstrayhornlaw.com
 Florida Department of Environmental Protection
COMPLIANCE INSPECTION REPORT
Permit File number (if applicable):
OGC Case No. 19-1445 City (if applicable): County:
Inspection Date: Inspection Time:
VCO-019-002 & VCO-019-006
CO-1093
10/25/19 10:30 am Marco Island Collier
Distance of activity seaward of control line:
DEP Monument Number (distance and direction):
From approximately 200’ north to 320’ south of R-141 in Collier
Approximately 372’ seaward of control line.
County at 350 S Collier Blvd, Marco Island, FL 34145
Property Owner’s Name: Address and Phone Number: Email:
Madeira on Marco Island Condominium 350 S. Collier Blvd.
marty@madeiraresort.net
Association, Inc. Marco Island, FL, 34145
Douglas Spong, President 239-389-4510
Marty Keefe, Maint. Ops. Manager

Other Names (if applicable): Address and Phone Number: Email:

14370 Collier Blvd.
Greenscapes of Southwest Florida, Inc. mmccormish@greenscapesfl.com
Naples, FL 34119
Michael McCormish, Manager
239-643-4471
Description of Alleged Non-Compliance Activities:

Excessive cutting/pruning of native, salt-tolerant vegetation, including a Sea Grapes (Coccoloba uvifera), exceeding the Department’s
exemption criteria for dune maintenance trimming activities.

Inspector’s Comments:

A verbal complaint was received on October 21, 2019 from the city of Marco Island indicating that the landscaper, Greenscapes of
Southwest Florida, Inc., had pruned the native dune vegetation in excess of the Department’s exemption criteria. A site inspection was
conducted on October 25, 2019, to verify the complaint and determine the extent of the alleged non-compliant activities. There is a dune
walkover that runs between the Madeira on Marco Island Condominium at 350 S. Collier Blvd and the Royal Seafarer Condominium at 300
S. Collier Blvd. The impacted area is located to the south of the dune walkover, on the property of the Madeira of Marco Island
Condominiums. The area of the natural, vegetated dune where the cutting/pruning activity occurred is approximate 25,825 sq. ft. The
species observed on the dune included Sea Grape (Coccoloba uvifera), Coin Vine (Dalbergia ecastaphyllum), Salt Grass (Distichlis
spicata), Sea Oats (Uniola paniculata), Railroad Vine (Ipomoea pes-caprae), Cocoplum (Chrysobalanus icaco), Sea Lavender
(Heliotropium gnaphalodes L.), and invasive Beach naupaka (Scaevola taccada).

The majority of the vegetation observed were healthy and properly maintained. The area adjacent to the southern side of the dune walkover
appeared to be trimmed in excess when compared to the photos taken during a compliance inspection on July 2, 2019. Certain sections
experienced a 2 to 3-foot height reduction. There were two areas of concern during the inspection. The most noticeable reduction occurred
in an area of approximately 140 sq. ft. where the dune walkover meets the vegetation line (See photos P1-P3). The second area of concern
was a Sea Grape bush located approximately 100’ from the entrance to the dune walkover. During the compliance inspection on July 2,
2019, a portion of the Sea Grape appeared to be over 6’ in height. On October 25, 2019, it had been reduced to 4 feet and was exhibiting
signs of stress (See photos P2-P6).

Potential Violation Observed:

Section 161.053(2)(a), Florida Statutes
A Coastal Construction Control Line (CCCL) permit must be obtained in locations seaward of the CCCL prior to: construction of
any structure; excavation; removal of any beach material; alteration of existing ground elevations; driving any vehicle on, over, or
across any sand dune; or damaging or causing to be damaged such sand dune or the vegetation growing thereon.

Action Taken:
Verbal Compliance Assistance Offered? ☐ Yes ☒ No

DEP Form 73-301 (Revised 10/15) Page 1

Comments:
RECOMMENDATIONS FOR CORRECTIVE ACTION:

The Department will exempt maintenance of sea grapes and other salt tolerant vegetation seaward of the Coastal Construction Control Line
from the permitting requirements of Chapter 161, Florida Statutes, when the maintenance will not damage or destroy the plant. Damage to
vegetation refers to the trampling, crushing, breaking, digging up, or excessive cutting of roots, stems or branches of the native salt tolerant
plants naturally occurring on-site or planted for dune restoration. Excessive cutting is defined as the removal of branches, stems, and leaves
in excess of the Department trimming guidelines. The cutting that has occurred appears to exceed the allowable criteria for a Department
exemption. The Department recommends the following:

1. An additional administrative penalty shall be added to OGC Case No. 19-1445, pursuant to Section 161.054, Florida
Statutes, for the Madeira on Marco Island Condominiums.
2. Greenscapes of Southwest Florida, Inc. shall enter into a Consent Order with the Department for the unauthorized
activities that have been conducted seaward of the CCCL with an appropriate administrative penalty, pursuant to Section
161.054, Florida Statutes, and Department costs.

Inspector’s Signature: Date:

11/27/19

FOR TALLAHASSEE OFFICE USE (Routing, Review, Comments):

Photographs (including brief location description):

July 2, 2019 (Compliance Inspection/ Pre-Trimming)

P1. Facing N, view of the dune vegetation during an inspection in July, approximately 3.5 months before trimming
event. Orange arrow indicates area of concern.

DEP Form 73-301 (Revised 10/15) Page 2

 P2. Facing, NW, continued view of Vegetation, approximately 3.5 months before trimming event. Red arrow
indicates area of concern. Height from ground to railing is approximately 7.4’ , with the top of the sea grape
passing 6’ in height.
October 25, 2019 (Compliance Inspection/ Post-Trimming)

P3. Facing W, view of the vegetation line after trimming. Orange line indicates the approximate vegetation line
during the inspection on July 2, 2019 (See P1). Red line indicates the approximate vegetation line during the
inspection on July 2, 2019 (See P2).

DEP Form 73-301 (Revised 10/15) Page 3

 P4. View of a Sea Grape bush exhibiting signs of stress. Area is indicated with the red arrow from P1 and the red
line from P3.

P5. Close up of excessive pruning of the Sea Grape. Area is indicated with the red arrow from P1 and the red line
from P3.

DEP Form 73-301 (Revised 10/15) Page 4

 P6. Branches of Sea Grape cut to 4’ in height (red arrow). Some branches were cut lower than 4’ in height. Once a
tree goes beyond 6’, pruning the plant should not result in a height reduction of greater then 6’ in height.

P7. Aerial of Impacted Areas.

DEP Form 73-301 (Revised 10/15) Page 5