Developer May Be in Violation of Environmental Regulations

A developer who hoped to build beachfront luxury homes along the Ormond Beach area could be violating several environmental regulations, representatives of the Army Corps of Engineers said Monday.

The Baldwin Co., a Newport Beach-based development firm that recently declared bankruptcy, has been issued two letters from the Corps of Engineers regarding possible environmental violations. No charges have been filed.

The action by the corps was prompted by several environmental groups who accused the developer of building a dirt berm and road that block water flow into the Ormond Beach wetlands adjacent to the site.

The Ormond Beach area, home to California least terns and several other endangered species, has been at the heart of the struggle between environmentalists and developers for several years.

Due to environmentalists’ concerns, the Corps of Engineers decided to follow up on the accusations, said Lisa Mangione, project manager for the corps.

“We’re playing detective,” Mangione said. “We are going into it hoping they will give us the information we are asking for.”

The developers have 30 days to reply to the letters, Mangione said.

Baldwin Co. President Lou Malone could not be reached for comment, but he has previously denied any violations.

The letters address the construction of a berm, or a small wall of dirt that keeps water from flowing into the property. The Baldwin Co. site was once designated as a wetlands by city officials and environmentalists, but the company disputes that finding.

Mangione said the berm, near the end of McWane Road, which runs to the Oxnard industrial drain, was constructed nearly two years ago, but they only recently heard complaints about it from environmentalists.

The other issue they are investigating is a dirt road the company built that prevents water from flowing into the adjacent wetlands area. The road is also causing flooding on a nearby paved road, Mangione said.

Mangione said it is unclear what environmental effect the alleged violations is having on the wetlands area. She said they are concerned with the prevention of water flow into the wetlands. In addition, they want to know if the dirt from the berm and road are washing contaminants into the fragile wetlands.

The company has been charged with environmental violations in the past. In 1994, the California Coastal Commission ordered the company to stop pumping water from a natural lagoon adjacent to their property where endangered species live.