Environmental Groups Fight Thousands of Acres Development in Panther Habitat

Approval for the new Bellmar Village development in eastern Collier County won’t be forthcoming without a fight. Development of 2,750 homes in Bellmar Village located on the eastern end of Golden Gate Boulevard— and the businesses and development to support those homes— was the topic of a public meeting on Thursday, December 7th at the Naples Branch of Collier County Library.

The meeting drew 75 to 100 people over the course of the evening, estimated Florida Department of Environmental Protection communications director Alexandra Kuchta. 

“I was prepared to be yelled at, berated. But the people of Collier County have a lot of heart and care for their wildlife, as do I,” said Toby Schwetje, DEP’s environmental consultant for the Bellmar project. 

Environmental groups opposing the 5,105-acre Bellmar Village met at a press conference directly prior to the public meeting. And, just three days earlier, on December 4, the Center for Biological Diversity and Sierra Club filed a motion for a temporary restraining order and preliminary injunction in federal court to prevent state issuance of 404 wetland permits for Bellmar Village, which is more than 5,000 acres off Golden Gate Boulevard East, and Kingston Village, which is 6,676 acres of land on Corkscrew Road in Lee County. 

The motion claimed the projects will cause irreparable harm to the endangered Florida panther and to the threatened Audubon crested caracara, a large species of raptor that has been nesting at Bellmar in recent years as well as in Kingston. U.S. Fish and Wildlife Service, coordinating with Florida Fish and Wildlife Conservation Commission, also estimated that Bellmar Village will “adversely affect” bonneted and tricolored bats in their September 18 letter to DEP recommending the permit approval.

The 404 permitting is for discharging dredge or fill material into waterways. In the September 18 letter to Schwetje, FWS biologist Adam Knutson suggested approval of the 404 permit with some stipulations for protection of species, including building wildlife crossings, removing exotic plant species and preserving approximately half of the 5,000 acre project area, among other provisions.

To mitigate the impacts the discharges would have on approximately 144 acres of wetlands, Collier Enterprises Management, the developer, will conserve about half of the land that is to be Bellmar Village or approximately 2,570 acres of it, said Jonathan Guinn, an environmental specialist with DEP, during the public meeting.

Several of these proposed developments have garnered criticism by conservation groups for years. 

Conservancy of Southwest Florida and South Florida Wildlands Association spoke in opposition to Bellmar Village on Thursday, Dec. 7. The Conservancy has worked to oppose and minimize the developments in eastern Collier County, suing and then settling, for example, with Collier Enterprises in July to minimize the development and effects of Rivergrass Village, another 1,000 acres of development planned by Collier Enterprises off Oil Well Road.

These projects are a part of a larger development to include the Town of Big Cypress covering approximately 12,000 acres and more than 8,000 homes in eastern Collier County between Golden Gate Estates and Ave Maria, nearing Immokalee. Together, these developments in eastern Collier County would be more than twice the size of nearby Ave Maria.

The meeting Thursday night was to mark the deadline for public comment on Bellmar Village, but upon pressure from opponents, public comment was extended until Tuesday, December 12. 

Schwetje urged people not to be discouraged if they missed both deadlines for comment on Bellmar Village. 

“We can’t move forward until we get the EPA’s (U.S. Environmental Protection Agency’s) comments,” Schwetje said. 

“We have until the EPA deadline of February 4 to object if there is too much jeopardy for listed species,” he said.  

He suggested the public share comments with the EPA.

However, environmental groups are concerned that the 404 permit approval could move forward at any time. 

“EPA may provide comments on the Bellmar permit by February 4, 2024, at the latest. However, nothing prevents the agency from commenting sooner or stating sooner that it has no further comments,” stated officials of the Sierra Club and Biological Center for Biodiversity in their court filing submitted by their Earthjustice legal team. 

That particular language and use of the word “jeopardy” is key to the permit approval. 

FWC and FWS, based in part on data provided by the developer’s consultants, found that the project was “not likely to jeopardize any federally listed species or adversely modify or destroy any crucial habitat,” according to their September 18 letter to DEP. 

The Center for Biological Diversity is challenging their findings, stating in their court filing that FWC and FWS underestimated the harm the development will have on panther and caracara. 

Robert Frakes, a panther habitat modeling expert retained by the Center for Biological Diversity, reported that the project is entirely within primary zone panther habitat, and a panther den, where panther kittens are born and reared, is located approximately two miles away from Bellmar. 

Frakes’ analysis of historical data from radio-collared panthers showed that Bellmar is likely to impact at least seven panther home ranges.

Together, the Bellmar and Kingston projects would destroy thousands of acres of panther habitat and result in the “take of” eight to 27 panthers a year, Earthjustice stated in the court filing. The projects will then result in the “take of” at least 6 to 25 panthers per year thereafter.

In this context, to “take” means to kill or lead to the death of or cause significant harm to habitat that results in death or injury, according to the September letter of recommendation by FWS to approve the permits. 

FWC estimated that 15 additional panther deaths could occur each year due to traffic consequences of Bellmar by 2042.

The permit exempts the developers from any consequences of a “take,” according to the September letter. 

Bellmar, located approximately four miles north of I-75, is situated at the end of the pavement on Golden Gate Boulevard, just east of Desoto Boulevard. Zoned agricultural, the property is currently mostly wild land and is leased for tomato farming. 

Harm to Animals as Estimated by FWS and FWC

Florida Panther: According to the FWC report, the Florida panther will be provided with 2,392 acres of protected habitat by the developer to offset the losses that are likely to lead to the deaths of four panthers due to construction and then another three panthers per year due to traffic. Thus, the developer is required to add wildlife crossings. Residents will be required to vaccinate domestic cats from feline leukemia virus to prevent spreading disease to the panther. 

The developer will deposit $350 per acre of land within the development footprint, so roughly $700,000, into the Paul J Marinelli Panther Protection Fund, which will be managed by a board consisting mostly of Golden Gate Estates landowners. Then, $200 is to be deposited for each home sale and resale.

Tricolored bat: The tricolored bat, which may appear yellow or orange, has been proposed for federal listing as endangered but is still under review. It will lose 1,793 acres of habitat due to Bellmar Village, leading to the estimated loss of one roost and 10 individual bats, according to FWC and FSW estimates. Developers will need to minimize artificial lighting and limit tree removal to the months of August through December to protect the unique breeding seasons of tricolored and bonneted bats. 

Audubon’s crested caracara: One pair of this large, threatened raptor species protected by the Federal Endangered Species Act has been nesting on the property in recent years and with the project taking away 1,440 acres of their habitat, it is estimated to result in the loss of one caracara pair. Losing one pair would seem to be a complete loss, but this was not deemed to be jeopardizing to these large raptors, according to FWC’s report. 

Southeastern American Kestrel: Described by FWC officials as the “smallest and most imperiled species of falcon,” this threatened bird species is to be monitored on the site.

Florida bonneted bat: The site includes an area that was proposed as critical habitat for this uniquely large bat, but that designation was not yet finalized. The developer will preserve 2,392 acres that will be suitable for bonneted bats, a species found nowhere in the world except in South Florida. Developers and residents are to avoid widespread application of insecticides in the bats’ foraging area. 

Everglades mink: All project activities must cease if a mink is observed until the mink leaves on its own power.

Black bear: A lot of concern and suggestions are offered to assist with human and bear interactions, including pet protection and trash containers. 

Matthew Schwartz, executive director of South Florida Wildlands Association, was disappointed FWC and FWS were not present at the public meeting to discuss their findings. 

“Fish and Wildlife has the power to stop these developments and claim jeopardy to the Florida panther and this is over,” Schwartz said. “They’ll get sued by the developer, but nonetheless they have that power,” he said. 

“No one else has that power and it’s their job to protect wildlife, especially endangered wildlife and especially the state animal,” Schwartz said. 

Though FWC officials stated that the project would “adversely affect” the Florida bonneted bat, Florida panther and Audubon crested caracara, that is not enough to prevent Bellmar from moving forward, but instead allows the developer opportunity for mitigation of those effects, according to FWC’s September 18 letter to DEP.

If, however, FWC or FWS had found the project “jeopardized” any of these endangered or threatened species or their habitat, that would be enough to prevent the permit approval. 

If the panther mortality were to exceed the population growth rate of nine panthers per year, instead of the three or four estimated deaths per year to be caused by the project, that could meet the threshold of jeopardized. 

“‘Jeopardize the continued existence’ is defined as reducing appreciably the likelihood of both the survival and recovery of the species in the wild by reducing its reproduction, numbers or distribution,” wrote Knutson in his letter recommending 404 permit approval of Bellmar Village. 

Although 1,793 acres used by panthers and their prey will be permanently lost due to Bellmar, that’s only approximately six percent of female panther territories and three percent of male, he wrote. 

To learn more, visit BellmarVillage.com.