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Permit issue could stop construction for Wellington development. How long could it last?

Environmentalists believe developer's permit only applies to part of multi-parcel project to build new horse showgrounds, homes
Posted at 12:16 AM, Apr 30, 2024
and last updated 2024-04-30 00:26:16-04

WELLINGTON, Fla. — Environmentalists believe construction at a controversial development in Wellington will stop due to permit issues surrounding building on wetlands.

Wellington Lifestyle Partners, a company made up of several different investors, received approval from Wellington's Village Council in March to build houses where Equestrian Village currently exists then build a new showgrounds and additional houses south of Wellington International. People testified mostly against the project before it was approved because it removed about 90 acres of land from the Equestrian Preserve Area.

Wellington Lifestyle Partners' project to remove 90 acres from the 9,000-acre preserve..png
This is a site plan rendering of Wellington Lifestyle Partners' project to remove 90 acres from the 9,000-acre preserve.

WPTV reported the company was under investigation by the U.S. Army Corps of Engineers for working on wetlands without a permit, according to officials with the federal agency's Jacksonville office earlier in April. Wellington Lifestyle Partners didn't respond to WPTV but sent a letter to the Wellington Village Council about the investigation.

"Recently, misleading and incomplete information has been disseminated regarding the WLP project and certain ongoing activities within an area known as Pod F," reads the letter sent on April 8 to the council.

The letter, which WPTV received from a public records request, directly addresses a letter the Army Corps of Engineers sent to Far Niente Stables IV, LLC claiming the company was filling in waters of the United States without a required permit.

"By correspondence dated March 21, 2024, WLP was informed by the Army Corps of Engineers that it had reason to believe that there was unpermitted activity within 'waters of the United States,' or federal jurisdictional wetlands," the letter from Wellington Lifestyle Partners reads. "Upon receipt of the letter, WLP representatives expeditiously scheduled an on-site meeting with the Army Corps representative which took place on March 28. At that time, any issues and concerns were conceptually addressed and resolved with the Army Corps representative."

The letter then explains the permitting process the company used to remove damaging invasive or exotic vegetation like Melaleuca. It also said Wellington Lifestyle Partners would stop cleaning the land on Pod F until a new permit is issued.

"Despite WLP's position that the activities were undertaken in conformance with pertinent federal and state laws and permits, it agreed to temporarily suspend clearing of exotic/invasive vegetation with the preserve area," the letter reads.

Records show the Army Corps of Engineers issued a new nationwide permit for Pod F on April 9, which would expire on March 14, 2026.

Matthew Schwartz, the executive director at South Florida Wildlands Association, said he believes the permit shows the group is allowed to build on Pod F but not the other parcels related to the project. He said those parcels would become houses based on developers' plans because they include wetlands.

Matthew Schwartz, who is the executive director at South Florida Wildlands Association, said he believes the permit shows the group is allowed to build on Pod F, but not the other parcels related to the project. April 29, 2024
Matthew Schwartz, who is the executive director at South Florida Wildlands Association, said he believes the permit shows the group is allowed to build on Pod F, but not the other parcels related to the project. April 29, 2024

"Those permits are definitely required," Schwartz said. "There is no way that any work can be done on the entire east side of the property in those wetlands that the Army Corps has determined are what we call jurisdictional wetlands."

He said the application process can take about a year and people will have the opportunity to create objections similar to the testimony against the project to the Wellington Village Council.

"It's also kinda a public interest test that the community can say this project is contrary to the public interest and they can create objections," Schwartz said.

He also said there's no guarantee the application will get approved and he can't develop if a permit isn't granted on the other parcels of land.

David Ruderman, a spokesman for the Army Corps, said the federal agency would not pursue enforcement action where no violation can be identified irrespective of public perception.

Environmental groups have previously expressed concerns about filling in wetlands around the project known as Wellington South after people recorded a video on the property showing protected species like wood storks and snail kites.

John Fumero, the Wellington Lifestyle Partner's environmental attorney, said the area is inhabitable for protected species because old world climbing fern is on the property. March 5, 2024
John Fumero, the Wellington Lifestyle Partner's environmental attorney, said the area is inhabitable for protected species because old world climbing fern is on the property.

John Fumero, an attorney for Wellington Lifestyle Partners, said the area is uninhabitable for protected species because old world climbing fern is on the property.

He said species are coming to the area because construction has uncovered food like bugs and worms.

Mark Bellissimo was the manager of Wellington Lifestyle Partners until he was removed as a manager in September 2023, according to state documents.

Paige Bellissimo-Nunez is listed as an executive vice president for Wellington Lifestyle Partners. State documents show Mark Bellissimo was named the registered agent of a company called Wellington Lifestyle Partners 2 until it added Doug McMahon, who is also listed on the first Wellington Lifestyle Partners, as manager in an updated filing.

WPTV contacted Wellington Lifestyle Partners on Thursday but didn't hear back by publication.

An employee with the Army Corps of Engineers said in April developers told him they thought the regulation didn't apply after various changes in the interpretation of federal law.

"The permit expired and they thought it was no longer jurisdictional," he told WPTV in April. "I can see how they came to that determination, but we look at this before we take formal enforcement actions. … It was a very confusing time."

The employee also said they are dealing with other developers who had the same issue.