96-001723
Save The Manatee Club, Inc., And Friends Of The Greenway vs.
Citrus Recreational Marina, Inc., And Department Of Environmental Protection
Status: Closed
Recommended Order on Monday, November 18, 1996.
Recommended Order on Monday, November 18, 1996.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8SAVE THE MANATEE CLUB, INC., )
14and FRIENDS OF THE GREENWAY, )
20)
21Petitioners, )
23)
24vs. ) CASE NO. 96-1723
29)
30CITRUS RECREATIONAL MARINA, INC., )
35and FLORIDA DEPARTMENT OF )
40ENVIRONMENTAL PROTECTION, )
43)
44Respondents. )
46___________________________________)
47RECOMMENDED ORDER
49The final hearing in this case was held before Larry J. Sartin,
61Administrative Law Judge, on August 6-8, 1996, in Crystal River, Florida, and on
74August 15-16, 1996, in Tallahassee, Florida.
80APPEARANCES
81For Petitioner, Save The Manatee Club, Inc.:
88Robert Goodwin, Esquire
91Save The Manatee Club, Inc.
96500 North Maitland Avenue, Suite 210
102Maitland, Florida 32751
105For Petitioner, Friends of the Greenway:
111Peter Belmont, Esquire
114511 31st Avenue, North
118St. Petersburg, Florida 33704
122For Respondent, Citrus Recreational Marina, Inc.:
128Richard S. Brightman, Esquire
132Douglas S. Roberts, Esquire
136Hopping, Green, Sams and Smith, P.A.
142Post Office Box 6526
146Tallahassee, Florida 32314
149For Respondent, Department of Environmental Protection:
155Douglas MacLaughlin, Esquire
158Wayne Hrysdziusko, Esquire
161Office of the General Counsel
166Florida Department of
169Environmental Protection
1713900 Commonwealth Boulevard, Mail Station 15
177Tallahassee, Florida 32399-3000
180STATEMENT OF THE ISSUE
184The issue in this case is whether a management and storage of surface
197waters permit and a wetland resource permit/water quality certification to
207construct a marina facility within an existing dolomite mine pit adjacent to the
220Cross Florida Barge Canal applied for by Citrus Recreational Marina, Inc.,
231should be granted by the Florida Department of Environmental Protection.
241PRELIMINARY STATEMENT
243Respondent, Citrus Recreational Marina, Inc., applied to the Florida
252Department of Environmental Protection for a management and storage of surface
263waters permit and a wetland resource permit/water quality certification to
273construct a marina facility within an existing dolomite mine pit adjacent to the
286Cross Florida Barge Canal. On or about February 6, 1996, an Intent to Issue the
301permit was entered indicating the intent of the Florida Department of
312Environmental Protection to issue the requested permit.
319Petitioners, Save The Manatee Club, Inc., and Friends of the Greenway,
330jointly challenged the Intent to Issue by filing a Petition for Formal
342Administrative Hearing with the Florida Department of Environmental Protection.
351On April 9, 1996, the Petition was filed with the Division of Administrative
364Hearings with a Request for Assignment of Hearing Officer and Notice of
376Preservation of Record. The Petition was designated case number 96-1723 and was
388assigned to the undersigned.
392At the final hearing Respondent, Citrus Recreational Marina, Inc.,
401presented the testimony of James Eyster, Richard Olsen, Lauren Milligan, Randall
412Armstrong, Ken Echternacht, Fred Ayer, Mary Duncan, Robert J. Moresi and Martin
424Roessler. The deposition testimony of Neal Wingo, Henry Lamb, Peter A. Quincy
436was also presented by Citrus Recreational Marina, Inc. Mr. Lamb and Mr. Quincy
449are accepted as experts as proferred in the depositions.
458Respondent, the Florida Department of Environmental Protection, presented
466the testimony of Paul Lee and offered one exhibit.
475Petitioners presented the testimony of Rodney DeHan, Mary Stewart, John
485Parker, Helmut Buquor, John Camillo, Ronald O'Connell, Charlie Miller, Patricia
495Thompson and Patrick Rose. The deposition of Joyce Kleen was also presented.
507Ms. Kleen is accepted as an expert as proferred in the deposition.
519Official recognition of Chapter 40D-2, Florida Administrative Code, and a
529document titled "First Amendment to August 10, 1992, Operating Agreement
539Concerning Management and Storage of Surface Waters Regulation, and Wetland
549Resource Regulation Between Southwest Florida Water Management District and
558Department of Environmental Regulation" was requested and granted.
566A transcript of the final hearing was filed on September 9, 1996. Volumes
5791 and 2 of the transcript incorrectly indicate that the portion of the hearing
593reported in those volumes was held on "October 6, 1996." The actual date of the
608portion of the hearing reported in Volumes 1 and 2 was August 6, 1996.
622Proposed recommended orders were filed by Petitioners, Citrus Recreational
631Marina, Inc., and the Florida Department of Environmental Protection. Those
641proposed orders have been fully considered.
647FINDINGS OF FACT
650A. The Parties.
6531. Respondent, Citrus Recreational Marina, Inc. (hereinafter referred to
662as "Marina"), is a corporation. Marina is the applicant for the permit which is
677at issue in this proceeding.
6822. Respondent, the Florida Department of Environmental Protection
690(hereinafter referred to as the "Department"), is an agency of the State of
704Florida with the responsibility for, among other things, wetland resource
714permitting. The Department also has responsibility, pursuant to an agreement
724with the Southwest Florida Water Management District (hereinafter referred to as
735the "Water Management District"), for Management and Storage of Surface Water
747permitting within the jurisdictional boundaries of the Water Management
756District.
7573. Petitioner, Save the Manatee Club, Inc. (hereinafter referred to as
"768Save the Manatee"), is a non-profit, Florida corporation. The stated purpose
780of Save the Manatee includes protection of the manatee and its habitat through
793the promotion of public awareness, research and lobbying efforts.
8024. Petitioner, Friends of the Greenway (hereinafter referred to as
"812Friends"), is an organization which promotes responsible environmental policy
822in Citrus County.
8255. Save the Manatee and Friends are "citizens" of the State of Florida.
838They filed a verified petition for hearing in this matter. They alleged in the
852petition that the proposed facility will injure, harm, or otherwise pollute the
864state's natural resources. Members of Petitioners observe, study and enjoy
874manatee in Citrus County, including waters that would be impacted by the
886proposed facility.
888B. Marina's Permit Applications, the Department's Notice
895of Intent to Issue and the Petitioners' Challenge.
9036. On March 28, 1995, Marina applied to the Department for a permit for
917Management and Storage of Surface Water.
9237. On March 10, 1993, Marina applied to the Department for a wetland
936resources (dredge and fill) permit.
9418. The permits sought by Marina are associated with Marina's plan to
953construct a marina facility. The marina is to be constructed within an existing
966dolomite mine pit (hereinafter referred to as the "Mine Pit").
9779. On or about February 6, 1996, the Department entered a notice of intent
991to issue the permit sought by Marina. A copy of the draft permit, permit number
1006092278259 and MS092681199, was attached to the notice of intent to issue.
101810. On or about March 13, 1996, Petitioners filed a Petition for Formal
1031Administrative Hearing challenging the Department's proposed decision to issue
1040the draft permit.
1043C. Marina's Proposed Facility.
104711. Marina's proposed facility is to be located in Citrus County, Florida.
1059Citrus County is located on the west coast of Florida, north of Tampa, Florida,
1073and south of the mouth of the Suwannee River on the Gulf of Mexico.
108712. As part of the proposed facility, Marina proposed to construct 256 wet
1100slips (122 of which may be covered) on six floating docks, a boat ramp, a boat
1116lift bay, a 63-boat dry storage facility, a convenience store with fueling and
1129sewage pump-out facilities, a clubhouse, a stormwater facility and a parking
1140area.
114113. The proposed facilities will also include a potable water system. The
1153water system will provide drinking water to the clubhouse, bait stand, fueling
1165facility, boat storage area and the marina docks.
117314. The proposed facilities will also include an on-site wastewater
1183treatment facility. The treatment facility will consists of an aerobic system
1194with on-site effluent disposal through drainfield lines into the soil.
120415. No sewage treatment percolation ponds will be included on the proposed
1216site.
121716. The stormwater system for the proposed site will be separate from the
1230wastewater treatment facility. The stormwater system will include the
1239collection and treatment of stormwater in on-site basins prior to discharge into
1251the Mine Pit. The system will be designed to retain the entire rainfall from a
1266100-year storm combined with wet detention and on-line systems involving
1276percolation. All these systems have been designed to meet the design standards
1288required by Chapter 40D-4, Florida Administrative Code.
129517. The post development runoff discharge rate for the proposed site is
1307projected to be less than the current rate of runoff discharge on the proposed
1321site.
132218. The proposed facility will not cause any increased flood risks on-site
1334or off-site.
133619. No part of the surface water management system will be located within
1349100 feet of any public supply well.
135620. The fish cleaning stations included for the proposed facility will be
1368located over land. Waste associated with fish cleaning will be collected for
1380disposal. Wastewater from the stations will be directed into the wastewater
1391treatment system for the proposed facility.
139721. Wastewater from boats at the proposed facility will directed to the
1409wastewater treatment facility through two pumpout stations located near the
1419proposed fueling facility.
142222. Solid waste from the proposed facility and boats utilizing it will be
1435disposed of in trash receptacles located throughout the proposed site. They
1446will ultimately be picked up by a solid waste hauler for disposal.
145823. Erosion around the Mine Pit will be controlled through the placement
1470of 2,200 feet of rip rap, vegetation planting and other erosion control
1483techniques.
148424. The Mine Pit where the proposed marina is to be constructed is located
1498on the south side of the Cross Florida Greenway Waterway (hereinafter referred
1510to as the "Greenway Waterway") (formerly known as the "Cross Florida Barge
1523Canal"), approximately one half mile east of where U.S. Highway 19 crosses the
1537Greenway Waterway.
153925. The proposed site is approximately 4.75 miles from where the Greenway
1551Waterway empties into the Gulf of Mexico.
155826. The Mine Pit is U-shaped, approximately 31.4 acres in size, and has an
1572average depth of -20 feet, with pockets of -33 feet in depth. Marina proposed
1586to fill the Mine Pit to 13.0 feet NGVD, place 2,285 linear feet of rip rap, and
1604dredge 4.75 acres of the Mine Pit to -13.0 feet NGVD.
161527. The waters of the northwestern corner of the Mine Pit are separated
1628from the waters of the Greenway Waterway by a plug of land approximately 100 to
1643150 feet wide. Marina proposed to remove the plug to create an entrance from
1657the marina to the Greenway Waterway. The removal of the plug will result in a
1672lowering of the level of water in the Mine Pit by approximately 3 to 5 feet to
1689sea level, the level of the water in the Greenway Waterway.
170028. Marina also proposed to excavate a flushing canal channel between the
1712Greenway Waterway and the northeast corner of the Mine Pit.
172229. The boundary of the property on which the Mine Pit is located is
1736approximately 100 feet from the Mine Pit at its closest location.
174730. The Mine Pit was excavated from lime rock and Ona fine sands; Pits and
1762Udorthents (both manmade) soil types exist throughout the project site.
177231. Weedy vegetation dominates the historically disturbed upland area
1781surrounding the Mine Pit. Saltbush (Baccharis halimfolia), marsh elder (Iva
1791frutescens), dog fennel (Eupatorium spp.), marsh fleabane (Pluches spp.), and
1801waxmyrtle (Myrica cerifera) exist along the Greenway Waterway. Southern red
1811cedars (Juniperius silcicola) are scattered throughout the area. Cattails
1820(Typha spp.) have invaded the edges of the Mine Pit.
1830D. Ownership of the Proposed Site Property.
183732. Marina has no ownership interest in the property where the Mine Pit is
1851located. Nor has Marina ever held such an interest.
186033. The proposed facility site is held in three undivided interests.
187134. At the time the permit applications were filed by Marina, Marina had
1884an option contract to purchase the proposed site. At the time of the final
1898hearing of this matter, the option contract was no longer in force.
191035. Marina had also been authorized in writing prior to filing the permit
1923applications to act as agent for the owners of the site for purposes of seeking
1938environmental permitting. It was stipulated at the time of the final hearing
1950that two of the three undivided interest owners had authorized Marina to act as
1964their agent for purposes of obtaining the permits at issue in this proceeding.
197736. At the time of the final hearing, the third undivided interest owner
1990did not authorize Marina to act as its agent for any purpose.
200237. Marina is agreeable to a new condition being added to the draft permit
2016by the Department requiring Marina to submit documentation to the Department
2027before any development of the proposed facility is commenced proving that Marina
2039has acquired interests in the proposed site necessary for it to carry out the
2053permit conditions.
205538. It is the Water Management District's policy in implementing Rule 40D-
20674.301(g), Florida Administrative Code, which requires applicants to provide
2076reasonable assurances concerning their proposed projects, is to require the land
2087owner to be the permittee.
2092E. The Greenway Waterway and the Surrounding Area.
210039. The Greenway Waterway consists of natural and man-made waters formerly
2111intended to be used as the Cross Florida Barge Canal. The waters of the
2125Greenway Waterway are classified as "Class III" waters.
213340. The Cross Florida Barge Canal was deauthorized on January 22, 1991.
2145In its place was created the Cross Florida Greenways State Recreation and
2157Conservation Area.
215941. The State of Florida owns the majority of the lands within the Cross
2173Florida Greenways State Recreation and Conservation Area. The state can,
2183therefore, control development along the Greenway Waterway.
219042. A portion of the Greenway Waterway was constructed as part of the
2203Cross Florida Barge Canal by digging a canal from a spillway at Lake Rousseau,
2217east-northeast of the proposed site, to the Gulf of Mexico. This portion of the
2231canal (hereinafter referred to as the "Greenway Canal"), is straight and was
2244designed for a depth of 12 feet. The actual depth of the Greenway Canal varies
2259and, in some locations, is 18 feet deep. The Greenway Canal is also
2272approximately 250 feet wide.
227643. The Greenway Canal intersects the Withlacoochee River, which is
2286located to the east of the proposed facility. Prior to the construction of the
2300Greenway Canal, the Withlacoochee River ran from a spillway at Lake Rousseau to
2313the Gulf of Mexico. After construction of the Greenway Canal, the portion of
2326the Withlacoochee River which connects with the Gulf of Mexico was, and still
2339is, separated from the Greenway Canal by an earthen berm. The western portion
2352of the Withlacoochee River (hereinafter referred to as the "Upper
2362Withlacoochee"), continues to run from Lake Rousseau for approximately 1.3 miles
2374to the Greenway Canal and then runs to the Gulf of Mexico through the Greenway
2389Canal.
239044. The depth of the Upper Withlacoochee varies from river bottom which is
2403exposed at low tide to areas of approximately 20 feet. The depth of water, the
2418speed at which water flows and the amount of aquatic vegetation in the Upper
2432Withlacoochee varies depending on the amount of water released from Lake
2443Rousseau through the spillway. For the past year, the rate of flow in the Upper
2458Withlacoochee has been relatively high.
246345. There are currently two public boat ramps, but no marinas, located on
2476the Greenway Canal. One of those boat ramps is in disrepair and the evidence
2490failed to prove that it is in use. There are no marinas on the Upper
2505Withlacoochee or the Greenway Canal.
251046. There is a Florida Marine Patrol station located on the Greenway Canal
2523approximately one-half mile east of U.S. Highway 19. Whether the presence of
2535the station will have any impact on the enforcement of speed limits in the
2549Greenway Canal is purely speculative.
255447. Approximately 2 miles west of the proposed facility is an existing
2566active mining operation owned by Independent Aggregates. Barges transport mine
2576product along the Greenway Canal from the mine to the Gulf of Mexico.
258948. Another organization, known as "Holnam", has been permitted by the
2600Department to construct a barge-loading facility opposite the Independent
2609Aggregates' barge facility and mine. It is unlikely, however, that Holnam will
2621actually begin operating barges on the Greenway Canal.
262949. A speed limit of 25 miles per hour has been imposed by the Department
2644throughout the Greenway Canal. The speed limit was imposed to protect West
2656India Manatee that utilize the Greenway Canal.
266350. The Upper Withlacoochee has been designated an idle-speed zone by
2674local ordinance.
267651. Crab traps are located along the banks of the Greenway Canal for
2689approximately four miles into the Greenway Canal from the Gulf of Mexicoaps
2701are generally anchored to the bottom by lines and are spaced approximately 100
2714feet apart, 20 to 15 feet from the bank.
272352. A channel extends for approximately 12 to 15 miles into the Gulf of
2737Mexico from the mouth of the Greenway Canal. The channel is marked. There are
2751obstructions and shallow water outside this channel. Prudent boaters will
2761continue in the channel for approximately four to nine miles before turning
2773north or south into the Gulf of Mexico. Operators of smaller boats and those
2787with knowledge of the area are able, however, to navigate north or south closer
2801to shore.
2803F. Impact on the Conservation of Fish and Wildlife,
2812Including Endangered or Threatened Species, or Their
2819Habitat.
282053. The West India Manatee is an endangered species, which means that it
2833is in danger of extinction.
283854. Approximately 3000 manatees are found in Florida waters.
2847Approximately half are located on the east coast and half on the west coast of
2862Florida. There is little interchange between the two groups. The State of
2874Florida is attempting to restore the manatee population to a size which will
2887help to insure its survival as a species.
289555. In order for the manatee population to survive, human development and
2907interaction with manatees must be managed. Manatee habitat needs to be
2918preserved from development.
292156. Two of the most significant challenges to the survival of the manatee
2934are the number of manatees killed by boats and the increasing number of boats in
2949Florida waters. Collisions with boats is the greatest known cause of manatee
2961deaths (approximately 25 percent).
296557. Manatee change locations frequently searching for food, drinking
2974water, resting areas, potential mates and birthing areas. They also return to
2986preferred habitat features.
298958. Manatee are attracted to areas that are calm and quiet for birthing
3002areas. Shallow water, accessible from deeper water, is essential for birthing.
301359. After giving birth, the mother and calf generally remain in the area
3026for some period of time, sometimes as long as months, until the calf is able to
3042survive elsewhere. They will leave an area, however, if disturbed.
305260. Boat traffic, even at slow speeds, can cause disruption to mothers and
3065young calves. Boat traffic can separate a mother and calf.
307561. There are approximately 300 manatee in the waters of northwestern
3086Florida (from Tampa Bay to the Suwannee River), which includes the area of the
3100proposed facility and Citrus County. This population has been increasing in
3111recent years.
311362. Manatee in the waters of northwestern Florida require a stable source
3125of warm water during the winter. During the winter ambient temperatures drop
3137below the level at which the manatees' metabolism will sustain them. As a
3150result of the need for warmer waters, most of the manatee in northwestern
3163Florida spend the winter in Citrus County. Kings Bay, Crystal River and
3175Homosassa all provide warm water locations for manatee. These sites are located
3187to the south of the proposed facility. Kings Bay is the most important winter
3201manatee habitat on the west coast of Florida.
320963. During the rest of the year, when waters are warmer, manatee leave
3222their warm water, winter habitats to forage and investigate other habitat.
323364. Manatee that winter in the warm water sites in Citrus County generally
3246migrate to the north. They travel to, and past, the mouth of the Greenway
3260Canal, returning by the same general routes in the winter. Manatee also linger
3273at the mouth of the Greenway Canal at the Gulf of Mexico because that area
3288offers a combination of a relatively deep-water channel with adjacent shallow
3299water and aquatic vegetation.
330365. Manatee use the waters of the Greenway Canal and the Upper
3315Withlacoochee. The Greenway Canal is not, however, considered particularly good
3325habitat for manatee. It has relatively deep water, steep banks, little fresh
3337water and little vegetation of interest to manatee.
334566. In 1991 Citrus County adopted a Manatee Protection Plan as part of its
3359comprehensive growth management plan. The Manatee Protection Plan does not
3369identify the Greenway Canal as essential manatee habitat. The Manatee
3379Protection Plan was adopted with the assistance of the Department. The Plan was
3392based upon a compilation of manatee studies, marina inventory studies, and a
3404comprehensive view of the county's waterway systems at the time the Plan was
3417adopted.
341867. "Essential manatee habitat" is defined in the Manatee Protection Plan
3429as "any land or water area constituting elements necessary to the survival and
3442recovery of the manatee population from endangered status".
345168. Whether an area is "essential manatee habitat" is to be considered
3463under the Plan as "a criteria for determining areas where dock facilities should
3476be limited."
347869. The definition of "essential manatee habitat" for purposes of the Plan
3490is different from the standard to be applied in by the Department in this case.
3505The definition in the Plan is similar to the federal criteria considered and
3518found to be different from that applicable to Department permitting cases in
3530Metropolitan Dade County v. Coscan Florida, Inc., 609 So.2d 644, 651 (Fla. 3d
3543DCA 1992).
354570. The Manatee Protection Plan contemplates that a master plan will be
3557undertaken to establish the capacity of the Greenway Canal for boat and marina
3570facilities. That master plan has not been developed. The fact that the master
3583plan has not been formally undertaken, however, is of little consequence. The
3595Department, due to the State's ownership of the land surrounding the Greenway
3607Canal, has been able to consider possible uses of the Greenway Canal for boating
3621and marinas without a formal master plan.
362871. The Manatee Protection Plan does not support a finding that the
3640proposed facility will not have an adverse impact on the manatee.
365172. Although the waters of the Greenway Canal do not constitute good
3663manatee habitat, the Upper Withlacoochee is considered good habitat, depending
3673on the amount of water being released from the spillway at Lake Rousseau.
368673. Manatee have used the Upper Withlacoochee for feeding, resting and
3697birthing. The Upper Withlacoochee has limited human activity, light boat
3707traffic, sources of fresh water, a warm-water spring and aquatic vegetation.
371874. The Upper Withlacoochee has been used for birthing. Infant
3728mortalities reported in the area suggest that the Upper Withlacoochee is used as
3741a preferred birthing area. The rate of mortality suggests a higher rate of
3754successful births.
375675. Aerial survey and mortality data also suggests that the Upper
3767Withlacoochee and the Greenway Canal are utilized throughout the year by
3778manatee. Greatest use is seasonal.
378376. Aerial survey data underestimates the number of manatee utilizing the
3794Upper Withlacoochee and the Greenway Canal due to the lack of water clarity and
3808due to the meandering course of, and vegetation along, the Upper Withlacoochee.
3820Manatee mortality data concerning the Greenway Canal and the Upper
3830Withlachoochee provides some indication of the fact that the number of manatee
3842that travel through the Greenway Canal and the Upper Withlacoochee is not
3854insignificant.
385577. While there was considerable evidence presented concerning whether the
3865number of manatee that utilize the Greenway Canal and the Upper Withlacoochee is
3878accurate or has been underestimated, based upon aerial survey data and manatee
3890mortality comparisons, the critical fact proved by the evidence in this case is
3903that a significant number of manatee do use the Upper Withlacoochee as habitat,
3916including for birthing. The evidence also proved that, in order for manatee to
3929use the Upper Withlacoochee, it is necessary that they travel the length of the
3943Greenway Canal. Another critical fact proved by the evidence is to this matter
3956is that manatee traveling to and from the Upper Withlacoochee must travel the
3969Greenway Canal from the Gulf of Mexico past the proposed facility.
398078. The evidence was also unrefuted that increased boat traffic from the
3992proposed facility will have the potential to adversely impact the manatee. That
4004adverse impact will take the form of physical injury due to collisions and
4017stress on manatee from increased human activity. The activity could reduce the
4029use of the Upper Withlacoochee as habitat.
403679. What remains to be determined is whether the conditions of the draft
4049permit will provide adequate assurances that the impact will not be contrary to
4062the public interest.
406580. The Department's Bureau of Protected Species Management determined
4074that, without the conditions to be added to the draft permit it suggested, the
4088following impacts could be expected as a result of approval of the proposed
4101facility:
4102The probability of manatee/boat collisions
4107increases with increasing boat traffic where
4113boaters and manatees regularly inhabit the
4119same waterways. While the current level of
4126barge/vessel traffic does not appear to be
4133a problem, increasing the amount of recrea-
4140tional and commercial vessel traffic to the
4147proposed levels in this narrow waterway is
4154expected to adversely impact the endangered
4160manatee. Barge trips may become more
4166frequent, and barges traveling down the
4172center of the canal drives manatees toward
4179the edges of the canal. This increases the
4187risk of manatee/recreational boat collisions,
4192and increases the risk of these recreational
4199boats driving manatees underneath, ahead of
4205or behind traveling barges. The probability
4211of lethal and sublethal propeller strikes
4217increases. Also, there is not sufficient
4223space for manatees between the canal bottom
4230and the bottom of a fully loaded barge, with
4239only one foot clearance as typical for loaded
4247barges. The probability of a manatee being
4254crushed will increase, and this impact is
4261difficult to offset with conservation measures
4267other than not allowing the activity.
4273Page 2, Petitioners exhibit 7 and CRMI exhibit 10. The evidence in this case
4287supports the foregoing conclusions.
429181. The increased boat traffic from the proposed facility, even if limited
4303to sailboats and even if power boats are allowed at lower speed limits than
4317currently in force in the Greenway Canal, may cause impacts with manatees due to
4331the increased traffic and the use of the Greenway Canal by barges and
4344recreational boats. It is possible that manatees, confronted by oncoming
4354recreational boats and barges, may be forced into the path of barges and be
4368crushed. Barges used by Independent Aggregates are approximately 72 feet wide
4379and 250 feet long and are pulled or pushed by tugboats. The probability of this
4394conflict taking place will be greater if barge use of the Greenway Canal is
4408increased as proposed by Independent Aggregates.
441482. The greatest threat to the manatee of the proposed facility is the
4427threat of death or injury as a result of cuts or blunt trauma from collisions of
4443boats with manatees. This threat is primarily associated, however, with faster
4454moving, power boats. Therefore, the extent of possible adverse impact on the
4466manatee will be determined largely by the speed limit imposed in the Greenway
4479Canal.
448083. To mitigate against the possible adverse impact on manatee, the
4491Department has included certain conditions in the draft permit. Those
4501conditions are found in Condition 6 of the draft permit and were recommended by
4515the Department's Bureau of Protected Species Management.
452284. As a result of the Bureau of Protected Species Management's review of
4535the proposed facility, it was recommended that the proposed facility not be
4547approved if all of the conditions suggested by it were not included in the draft
4562permit. All of the conditions recommended, except one, were included in the
4574draft permit. The condition not included was one that provided that a violation
4587of manatee speed zones would be grounds for revocation of the lease of any slip
4602or dock space at the proposed facility.
460985. The lease revocation condition recommended by the Bureau of Protected
4620Species Management was not included in the permit due to concern by the
4633Department as to whether the condition could be legally imposed.
464386. The language of the memorandum of review of the proposed facility from
4656the Bureau of Protected Species Management suggesting that the proposed project
4667should not be approved unless all recommended conditions are accepted is
4678standard language used by the Bureau and not intended to be strictly
4690interpreted. The Bureau ultimately concluded that, despite its recommendation,
4699it believes that the conditions of the draft permit are adequate to offset
4712adverse impacts to the manatee. The Bureau's explanation is sufficient to
4723eliminate any inference that otherwise may be drawn from its suggestion that the
4736proposed facility should not be approved due to the exclusion of the permit
4749condition concerning revocation of leases for speed zone violators.
475887. Condition 6 requires, among other things, that signs warning of
4769possible manatee activity be displayed during construction, that personnel
4778associated with the project be educated about the manatee, and that other
4790measures designed to protect manatee during construction be followed.
479988. Due to the fact that most of the construction will take place in the
4814enclosed Mine Pit, there should be little, if any adverse impact on manatee as
4828as result of construction.
483289. Condition 6 also provides that permanent manatee warning signs and
4843information concerning manatee be posted by the marina, and that a manatee
4855awareness education program be established at the proposed facility.
486490. Condition 6 also limits the use of the boat ramp of the proposed
4878facility to boats stored "on-site." The ramp will not be open to the general
4892public.
489391. Finally, condition 6.l. provides the most important limitation of the
4904use of the proposed facility. Condition 6.1 limits use of the proposed facility
4917to sailboats and, therefore, prohibits the use of power boats:
4927. . . until the applicant has provided
4935documentation to the Department that manatee
4941protection speed zones in the CFBC have been
4949revised, approved by the Bureau of Protected
4956Species Management, and posted in the CFBC.
4963Occupancy of the facility by sailboats shall
4970not be restricted.
497392. The limitation of the use of a marina to sailboats should adequately
4986mitigate the adverse impacts to the manatee from the proposed facility. See
4998Coscan, at 651.
500193. The effect of condition 6.l. is to allow Marina to obtain a
5014modification of the draft permit after it is issued to allow power boats based
5028upon events which may take place in the future. There are no guarantees that
5042those events will result in reasonable assurances that the adverse impact to the
5055manatee from power boat use at the proposed facility will not be contrary to the
5070public interest.
507294. The speed zones which must be established and approved by the Bureau
5085of Protected Species Management will be established, if at all, through rule-
5097making procedures. See Rule 62N-22.011, Florida Administrative Code. The
5106process would allow public input. Additionally, the outcome of the process
5117would be subject to challenge under Chapter 120, Florida Statutes. Because of
5129possible challenges to the efforts to impose speed zones, it is possible that
5142speed zones adequate to reduce the adverse impacts to the manatee which would
5155satisfy the public interest test applicable in this matter will not be adopted.
516895. The standards which the Department must adhere to in establishing
5179speed zones are not the same standards applicable in this matter. In this
5192matter, reasonable assurances must be given that there will not be adverse
5204impacts to the manatee, a threatened species, contrary to the public interest.
5216Establishing speed zones pursuant to other provisions of law will not insure
5228that the reasonable assurances required for the issuance of the permit at issue
5241in this case will be given.
524796. Although the resulting speed zones may be adequate to protect the
5259manatee, there is no way to determine what kind of speed zones will be
5273established. Without knowing the ultimate speed zones which may be established,
5284or, more importantly, to know that the speed zones will meet the public interest
5298test applicable in this matter, it is not possible to find the reasonable
5311assurances Marina is required to provide at this time or at any time before the
5326proposed facility is actually permitted.
533197. If reasonable assurances can be given that the use of power boats in
5345the proposed facility will not be contrary to the public interest once speed
5358zones are established, Marina or the owner of the proposed facility may apply
5371for a permit modification. At that time the requisite reasonable assurances
5382concerning power boat use can be determined. The provision of condition 6.l.
5394allowing Marina to avoid seeking a permit modification at that time is,
5406therefore, at a minimum, unnecessary, and at its worse, an effort to allow
5419Marina to avoid having to provide the necessary reasonable assurances concerning
5430the use of power boats.
543598. If only the impact on the manatee were considered in establishing
5447speed zones, it could be concluded slow or idle speed should be imposed
5460throughout the Greenway Canal and for some distance into the Gulf of Mexico in
5474order to adequately reduce the adverse impact from the proposed facility on the
5487manatee. Establishing speed zones, however, requires a consideration of other
5497factors. The evidence in this case failed to address those factors sufficiently
5509to recommend a condition to the draft permit concerning speed zones.
552099. Based upon the foregoing, it is concluded that reasonable assurances
5531have not been given that there will not be unreasonable adverse impact to the
5545manatee if the use of power boats at the proposed facility is allowed as
5559provided in condition 6.l. of the draft permit.
5567G. Other Public Interest Criteria.
5572100. The evidence failed to prove that the proposed facility will
5583adversely affect the public health, safety or welfare or the property of others.
5596101. The evidence also failed to prove that the proposed facility will
5608adversely affect navigation or the flow of water or cause harmful erosion or
5621shoaling. The docks and other marina facilities will all be restricted to the
5634Mine Pit, which is not now open to navigation.
5643102. There is adequate width in the Greenway Canal to allow boats to exit
5657the Mine Pit into the Greenway Canal and for boats and barges in the Greenway
5672Canal to pass each other.
5677103. Rip-rap to be placed along the Mine Pit shore and other shoreline
5690stabilization activities will be adequate to prevent erosion and shoaling.
5700104. Groundwater flow at the proposed site should not be adversely
5711affected by the proposed facility, except as discussed, infra.
5720105. The proposed facility should not adversely affect fishing or
5730recreational values or marine productivity in the vicinity of the proposed
5741facility. Recreational values (boating and fishing) should be enhanced as a
5752result of the proposed facility. If condition 6.l. is not eliminated and power
5765boats are allowed in the Greenway Canal, there are no assurances that the
5778recreational value provided by the manatee will not be adversely impacted.
5789106. The proposed facility is intended to be permanent.
5798107. The evidence failed to prove that the proposed facility will
5809adversely affect or enhance significant historical or archaeological resources
5818under the provisions of Section 267.061, Florida Statutes.
5826108. If condition 6.l. is not modified to eliminate the use of power boats
5840automatically upon the establishment of speed zones, there are no reasonable
5851assurances that the current condition and relative value of functions being
5862performed by the Greenway Canal and the Upper Withlacoochee will not be
5874adversely affected by the proposed facility. Otherwise, the proposed facility
5884should not have an adverse impact on current conditions and relative value of
5897current functions of the area.
5902H. Groundwater Quality Standards.
5906109. The general geology in the area of the proposed facility and the
5919Greenway Canal is known as karst terrain. Karst terrain is geology formed by
5932the solution of limestone over millions of years. Sequential episodes of
5943exposure of the Floridan aquifer, which underlies the area, occurs in karst
5955terrain as the result of the natural formation of sink holes. These sink holes
5969impact the movement of groundwater.
5974110. Information exists to reasonably describe the hydrogeology of the
5984area in "regional" terms. There is insufficient information generally available
5994about the specific hydrogeology of the proposed site or the immediately
6005surrounding area.
6007111. Underlying the entire area and the proposed site in particular is the
6020Floridan aquifer.
6022112. The properties of the Floridan aquifer in coastal Citrus County,
6033including the proposed site, can vary enormously over relatively short vertical
6044distances. This variability impacts the movement of groundwater.
6052113. The groundwater under the proposed site is classified as G-II.
6063114. The terms "potentiometric surface" are used to describe the level to
6075which groundwater will rise above sea level. The higher groundwater rises above
6087sea level, the thicker the layer of underlying drinkable water should be before
6100reaching an interface between drinkable and undrinkable water. In central
6110Citrus County, the potentiometric surface is relatively low and flat at
6121approximately 5 or 6 feet above sea level. The resulting interface between
6133drinkable and nondrinkable water is found at 200 or more feet.
6144115. Due to natural geological conditions, moving to the northwest of
6155Citrus County, including the Greenway Canal area, potentiometric levels are
6165higher. Therefore, thicker layers of drinkable water should be found around the
6177proposed facility site and the Greenway Canal than in central Citrus County.
6189116. Because of higher potentiometric surface in the area of the Greenway
6201Canal, the layer of drinkable water would be expected to continue beyond 120
6214feet below the surface.
6218117. Construction of the Greenway Canal has resulted in the intrusion of
6230saltwater from the Greenway Canal into the groundwater. It has also resulted in
6243the upconing of mineralized (sulfate) waters from deeper to less deep levels
6255within the Floridan aquifer. These impacts have been significant with regard to
6267the chloride levels (from the saltwater) and sulfate upconing.
6276118. The impact of the construction of the Greenway Canal on saltwater
6288intrusion and sulfate upconing is the result of the lowering of the surface
6301waters to sea level in the Greenway Canal. The lowering of the level of water
6316in the Greenway Canal has had the effect of decreasing the potentiometric
6328surface and, consequently, reducing the thickness of the layer of drinkable
6339groundwater.
6340119. Saltwater has intruded along and beneath the Greenway Canal. The
6351extent of this intrusion is represented graphically on Petitioner's exhibits 13
6362and 14. Saltwater intrusion has occurred primarily as a result of downward
6374leakage of saltwater traveling up the Greenway Canal.
6382120. The saltwater intrusion has been localized around the Greenway Canal.
6393The wedge of saltwater intrusion has reached to approximately where U.S. Highway
640519 crosses the Greenway Canal, approximately one-half mile east of the proposed
6417site.
6418121. Although it is "theoretically" possible that the saltwater wedge
6428could continue to move along the entire length of the Greenway Canal, the
6441evidence fails to support such a conclusion. Due to freshwater discharges from
6453Lake Rousseau, the evidence supports a conclusion that the saltwater wedge will
6465not move further eastward to any significant extent.
6473122. The lowering of the waters of the Greenway Canal to sea level has had
6488the effect of bringing sea level elevations to the Floridan aquifer several
6500miles further inland than had been the case before construction of the Greenway
6513Canal. Groundwater adjacent to the Greenway Canal, which is at levels higher
6525than sea level, has discharged into the Greenway Canal. This has caused a lower
6539groundwater level and the movement upward of groundwater. Similar effects have
6550occurred naturally along the Withlacoochee River.
6556123. As groundwater rises it comes into contact with a geologic unit which
6569contains calcium sulfate. The sulfate mixes with the groundwater causing the
"6580mineralized" groundwater.
6582124. While the change in surface waters in the Greenway Canal was quick,
6595the change in groundwater quality from saltwater intrusion and sulfate upconing
6606has taken place only as fast as groundwater in the area flows. Generally,
6619groundwaters flow very slowly.
6623125. The impact of the Greenway Canal on upconing of sulfates will
6635continue over time. Mineralized waters will continue to move upward and,
6646perhaps, laterally away from the Greenway Canal.
6653126. Pockets of mineralized waters (containing sulfates) can be found
6663naturally occurring around the proposed site.
6669127. Sulfate enriched groundwater in coastal areas naturally move toward,
6679and discharge into, the surface waters along the coastal boundary. This process
6691occurs along the Gulf of Mexico and the shoreline of Citrus County. The
6704construction of the Greenway Canal has disrupted this natural process.
6714128. The Mine Pit, when it was in use, was dewatered to different levels
6728at various times. The dewatering took place for varying periods of time.
6740Usually, the Mine Pit would be completely dewatered for a period of
6752approximately three months. On one occasion, the Mine Pit was dewatered for a
6765period of two years (1989 to 1991). It was dewatered to allow the removal of
6780dolomite. The Mine Pit was allowed to fill back up with water after each
6794dewatering.
6795129. The dewatering of the Mine Pit was regulated by the Water Management
6808District. The permit allowing dewatering of the Mine Pit required that the
6820permit holder mitigate for adverse impacts of dewatering, including the
6830inducement of natural contaminants into the aquifer. The evidence failed to
6841prove, however, the extent of adverse impacts of the dewatering or whether the
6854permit holder actually mitigated against any such adverse impacts.
6863130. The lowering of the water level in the Mine Pit caused some upconing
6877of sulfates for the same reason that the digging of the Greenway Canal did.
6891Lowering the water level in the Mine Pit lowered the potentiometric level. The
6904evidence, however, failed to prove the extent of the impact or how long the
6918impact lasted.
6920131. The lowering of the water level of the Mine Pit to sea level by
6935connecting the Mine Pit to the Greenway Canal as proposed by Marina will have
6949the same general impact as the digging of the Greenway Canal on the upconing of
6964sulfates. Unlike the impact of the dewatering of the Mine Pit, the proposed
6977modification will be permanent. Lowering the water level will have the same
6989type impact for the same reasons that the digging of the Greenway Canal caused
7003upconing. The potentiometric level will be permanently lowered; the layer of
7014drinkable water will be permanently decreased.
7020132. The evidence failed to prove that the lowering of the water level of
7034the Mine Pit to sea level as a result of the proposed project will have the same
7051impact on saltwater intrusion. This impact is less likely because the Mine Pit
7064is four and a half miles inland from the Gulf of Mexico.
7076133. The upconing of sulfates as a result of the construction of the
7089proposed facility will cause the levels of sulfates found in some portion of the
7103currently drinkable layer of groundwater to exceed water quality standards. The
7114area impacted will consist of groundwater which would otherwise have been
7125expected to be potable.
7129134. Comments concerning the proposed facility were provided to the
7139Department by the Water Management District. By letter dated August 16, 1995,
7151the Water Management District informed the Department that it was anticipated
7162that the proposed facility would result in saltwater intrusion and upconing of
7174mineralized water and that the area's groundwater could be expected to be
7186degraded inconsistent with Water Management District rules.
7193135. In response to the Water Management District's comments, Marina
7203agreed to undertake a hydrogeologic study to gather site specific information to
7215address those concerns. As a part of Marina's study, one monitoring well was
7228drilled on the proposed site. The well was drilled to a depth of 450 feet in
7244order to gather data concerning water quality at various depths.
7254136. In early 1996, the Water Management District concluded that the
7265results of the study undertaken by Marina had resolved its concerns.
7276137. The test well was drilled to the south of the Mine Pit, approximately
72902500 feet from the Greenway Canal.
7296138. The water quality tests run on water taken from the test well
7309reflected a sharp change in water quality at a depth of approximately 120 feet.
7323The water below that level contained high levels of sulfates: 552 milligrams
7335per liter of sulfate. Immediately above the high sulfate waters, low sulfate
7347levels (12 milligrams per liter) were found. This result is contrary to what
7360would be expected to be found based upon the higher potentiometric surface in
7373this area of Citrus County. Because the potentiometric surface is higher in the
7386area, it would be expected that the layer of drinkable groundwater would be
7399considerably higher than 120 feet.
7404139. The findings concerning the thickness of the drinkable groundwater
7414found at the test well are consistent with the conclusions concerning the
7426impacts of the digging of the Greenway Canal. As a result of the digging of the
7442Greenway Canal and the lowering of the water level to sea level, the resulting
7456decrease in the potentiometric surface has caused the upconing of mineralized
7467waters and a decrease in the layer of drinkable groundwater.
7477140. The Department and Marina have not disputed the fact that drinkable
7489groundwater will be impacted by the upconing of mineralized waters (sulfates) as
7501a result of connecting the Mine Pit with the Greenway Canal and lowering the
7515level of water in the Mine Pit to sea level. The Department and Marina,
7529however, have suggested that the extent of the impact of the lowering of the
7543water level in the Mine Pit will not extend more than 100 feet from the Mine Pit
7560and will be limited to the proposed site. The evidence failed to support this
7574position.
7575141. The unplugging of the Mine Pit will have the effect of increasing the
7589area of water below sea level in the area by 12 percent of the size of the area
7607of the Greenway Canal. Data from test wells around the Greenway Canal and other
7621data has indicated that the upconing of mineralized water as a result of the
7635lowering of the water level in the Greenway Canal has extended considerably more
7648than 100 feet from the Greenway Canal. In light of the fact that the Mine Pit
7664is equal in surface area to 12 percent of the surface area of the Greenway
7679Canal, there is reason to be concerned that the area of impact from the lowering
7694of the water level in the Mine Pit will also be significant.
7706142. In light of the foregoing, and due to the variability of the geology
7720of the area, the data from a single well on the site is of questionable value.
7736Data from a single well simply does not provide the information necessary for
7749Marina to provide reasonable assurances that the impact on groundwater from its
7761proposed facility will be limited to an area of 100 feet from the Mine Pit.
7776143. There is simply not enough data concerning the Mine Pit to conclude
7789with any reasonable assurance that the upconing of mineralized waters
7799(containing sulfates) will be limited to an area of 100 feet around the Mine
7813Pit. Because of the size of the Mine Pit in relation to the Greenway Canal and
7829the impact on upconing from the Greenway Canal, it is more likely that the
7843impact of upconing will exceed 100 feet.
7850144. A log of geologic characteristics of the test well was maintained. A
7863confining unit or layer was found between the high-sulfate and low-sulfate
7874waters at between 110 and 120 feet below the surface. The evidence failed to
7888prove, however, the extent to which the layer may extend horizontally from the
7901well location. In light of the general geology of Citrus County and the region
7915around the proposed site, insufficient data exists to reach any conclusion about
7927the extent of the confining layer. Establishing the extent of the confining
7939layer would require more extensive (and costly) study of the site.
7950145. The existence of a confining layer would also have no significant
7962impact on the degree of upconing as a result of lowering the water level in the
7978Mine Pit.
7980I. Surface Water Quality Standards.
7985146. Petitioners stipulated that the proposed facility would not violate
7995surface water quality standards except with regard to the standard for chloride.
8007147. Because of the flow of fresh water from Lake Rousseau and the
8020flushing canal to be constructed at the proposed site, reasonable assurances
8031have been given by Marina that there will be sufficient flushing of the Mine Pit
8046to preclude a violation of chloride standards for surface waters.
8056148. The evidence presented by Petitioners concerning the possibility that
8066the salt water wedge resulting from the construction of the Greenway Canal may
8079extend landward and eventually into the Mine Pit was too speculative and
"8091theoretical".
8093CONCLUSIONS OF LAW
8096A. Jurisdiction.
8098149. The Division of Administrative Hearings has jurisdiction over the
8108subject matter and the parties to this proceeding. Section 120.57(1), Florida
8119Statutes.
8120B. Burden of Proof.
8124150. The burden of proof, absent a statutory directive to the contrary, is
8137on the party asserting the affirmative of the issue in this proceeding. Antel
8150v. Department of Professional Regulation, 522 So.2d 1056 (Fla. 5th DCA 1988);
8162and Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st
8175DCA 1981.
8177151. In this proceeding, it is Marina that is asserting the affirmative:
8189that the Department should issue the permit Marina has sought. Marina,
8200therefore, had the burden of proof. Marina was required to meet its burden by
8214the preponderance of the evidence. J.W.C. Co., supra. See also Rules 62-4.070
8226and 40D-4.301, Florida Administrative Code.
8231152. In order for Marina to meet its burden of proof, it was required to
8246present a prima facie showing of entitlement to the permit at issue, taking into
8260account the objections raised by Petitioners. The Petitioners were then
8270required to prove the allegations of their petition. The evidence presented by
8282Petitioners was required to be of at least equivalent quality to the evidence
8295presented by Marina. See Hoffert v. St. Joe Paper Company, 12 FALR 4972 (DER
83091990).
8310C. Standing.
8312153. Petitioners established that they are citizens of the State of
8323Florida and that they filed a verified petition challenging the proposed action
8335of the Department in this matter. Petitioners have standing to maintain this
8347proceeding. Section 403.412(5), Florida Statutes. See also, Manasota-88, Inc.
8356v. Department of Environmental Regulation, 441 So.2d 1109 (Fla. 1st DCA 1983.)
8368154. Marina also has standing to participate in this proceeding. Although
8379Marina did not prove that it has ownership of the property where the proposed
8393facility is to be located and does not have authority to act as agent for all of
8410the owners of the property, it did prove that it was the applicant for the
8425permit at issue and that it was authorized to act as agent for the majority of
8441the owners. The rules which govern applications for the type of permits at
8454issue in this matter authorize agents to act on behalf of owners of property.
8468Rules 63-312.220(6) and 40D-4.101(2), Florida Administrative Code.
8475155. Having proved that it is acting as agent for a majority of the
8489ownership interest in the property, Marina is the permit applicant. As such, it
8502has standing to defend the Department's decision to issue the draft permit. See
8515Agrico Chemical Co. v. Department of Environmental Regulation, 406 So.2d 478
8526(Fla. 2d DCA 1981).
8530156. At the commencement of the final hearing, Petitioners filed a Motion
8542to Dismiss these proceedings for lack of standing. The cases cited by
8554Petitioners in support of its motion are distinquishable from this case. The
8566parties determined to lack standing in those case did not include an applicant
8579for the permit at issue as in this case. Based upon the foregoing, the motion
8594is hereby denied.
8597D. Permit Sought by Marina.
8602157. The permit sought by Marina in this matter involves two permitting
8614actions. One action is for a wetlands resource permit (dredge and fill permit).
8627The other action is for a Management and Storage of Surface Water permit.
8640158. Permit applications submitted and completed prior to the effective
8650date of the environmental resource permit rules adopted pursuant to Section
8661373.414(9), Florida Statutes (1995), are subject to review in accordance with
8672the rules in effect under the law in existence at the time the permit
8686application was submitted unless the applicant elects otherwise. See Section
8696373.414(14), Florida Statutes (1995). Marina did not make such an election in
8708this case.
8710159. Having been filed in 1993, the application for wetlands resource
8721permit (dredge and fill permit) is subject to review under Sections 403.91
8733through 403.929, Florida Statutes (1992 Supp.). The application for Management
8743and Storage of Surface Water permit, having been filed in 1995, is subject to
8757review under Part IV, Chapter 373, Florida Statutes (1995), and Rule 40D-4,
8769Florida Administrative Code.
8772E. Marina's Ability to Provide "Reasonable Assurances".
8780160. In order for Marina to obtain the permit at issue in this matter, it
8795must provide the Department with "reasonable assurances" that it can carry out
8807the conditions of the permit. See Section 373.414(1), Florida Statutes (1995).
8818161. Marina will have to obtain a sufficient interest in the subject
8830property in order for it to provide the necessary reasonable assurances to the
8843Department that it can carry out the following permit conditions:
8853a. Establish and assure survival of littoral area (shoreline vegetation)
8863for stormwater treatment by proper and perpetual maintenance.
8871b. Reserve rights-of-way and easement location necessary for a surface
8881water management system.
8884c. Provide quarterly monitoring reports for certain water quality
8893parameters from monitoring wells located on site.
8900d. Maintain stormwater discharge systems in compliance with water quality
8910standards.
8911e. Enter into a binding long-term agreement with the Department wherein
8922the permittee agrees to comply with all of the permit conditions for the life of
8937the facility (beyond the 5 year term of the permit). The agreement is to run
8952with the land and be binding on the permittee and its successors and assigns.
8966162. Marina has agreed to the addition of a condition to the permit
8979providing that no construction on the proposed facility will be started until
8991Marina obtains ownership of the project area and the mitigation area necessary
9003for it to carry out the permit conditions. With the addition of such a
9017condition, Marina will be required to provide the requisite reasonable
9027assurances before the project is finally approved. See Metropolitan Dade
9037County, supra.
9039F. The Wetlands Resource Permit.
9044163. In order to be entitled to a wetlands resource permit, an applicant
9057must provide "reasonable assurances" that (a) Class III surface water quality
9068standards will not be violated by the proposed project; and (b) the proposed
9081project is not contrary to the "public interest". Section 403.918(1) and (2),
9094Florida Statutes (1992 Supp.), provide, in part:
9101(1) A permit may not be issued under ss.
9110403.91-403.929 unless the applicant provides
9115the department with reasonable assurances
9120that water quality standards will not be
9127violated. . . .
9131(2) A permit may not be issued under ss.
9140403.91-403.929 unless the applicant provides
9145the department with reasonable assurances
9150that the project is not contrary to public
9158interest. . . .
9162164. Although filed in 1993, the wetlands resource permit (dredge and fill
9174permit) was still pending on June 15, 1995. Therefore, the wetlands resource
9186permit (dredge and fill permit) must also meet the provisions of Rule 62-312,
9199Florida Administrative Code. See Section 373.414(14), Florida Statutes, and
9208Rule 62-312.010, Florida Administrative Code.
9213165. The waters of the Greenway Canal are Class III surface waters.
9225Marina has given reasonable assurances that the proposed facility will not
9236violate Class III surface water quality standards.
9243166. Petitioners stipulated that all applicable surface water quality
9252standards other than those relating to chloride would be met by the proposed
9265facility.
9266167. Marina provided reasonable assurances that fresh water from Lake
9276Rousseau and the flushing canal to be constructed at the proposed site would be
9290sufficient to flush the Mine Pit and preclude a violation of chloride standards.
9303168. Petitioners were unable to refute Marina's assurances. The evidence
9313presented by Petitioners concerning the movement of a saltwater wedge up the
9325Greenway Canal was too speculative.
9330169. The determination of whether the project is contrary to the "public
9342interest" is governed by Section 403.918(2)(a), Florida Statutes (1992 Supp.),
9352which establishes the following criteria which must be considered by the
9363Department:
9364(a) In determining whether a project is not
9372contrary to the public interest, or is clearly
9380in the public interest, the department shall
9387consider and balance the following criteria:
93931. Whether the project will adversely
9399affect the public health, safety, or welfare
9406or the property of others;
94112. Whether the project will adversely
9417affect the conservation of fish and wildlife,
9424including endangered or threatened species,
9429or their habitats;
94323. Whether the project will adversely
9438affect navigation or the flow of water or
9446cause harmful erosion or shoaling;
94514. Whether the project will adversely
9457affect the fishing or recreational values or
9464marine productivity in the vicinity of the
9471project;
94725. Whether the project will be a temporary
9480or permanent nature;
94836. Whether the project will adversely
9489affect or will enhance significant historical
9495and archaeological resources under the
9500provisions of s. 267.061; and
95057. The current condition and relative
9511value of functions being performed by areas
9518affected by the proposed activity.
9523170. The determination of whether Marina has provided reasonable
9532assurances that the project is not contrary to the public interest requires a
9545balancing of the public interest criteria. Higgins v. Roberts, 9 FALR 5045,
95575047-48 (DER 1987).
9560171. The applicant's burden with regard to the public interest test is
"9572one of reasonable assurances, not absolute guarantees." Manasota-88, Inc. v.
9582Agrico Chemical, 12 FALR 1319, 1325 (DER 1990). The reasonable assurances must
9594deal with reasonably foreseeable contingencies.
9599172. If an applicant presents a prima facie case, an objecting petitioner
9611then has the burden of proving the truth of facts asserted in the petitioner's
9625petition sufficient to raise a genuine issue regarding reasonable assurances.
9635Simply raising "concerns" or speculation about what "might" occur is not enough
9647to carry a petitioner's burden. See Chipola Basin Protective Group, Inc. v.
9659Florida Department of Environmental Protection, 11 FALR 467, 480-81 (DER 1988).
9670173. Ultimately, the Secretary of the Department has the final
9680responsibility and authority to determine whether reasonable assurances have
9689been provided that a proposed project is not contrary to the public interest.
97021800 Atlantic Developers v. Department of Environmental Regulation, 552 So.2d
9712946 (Fla. 1st DCA 1989), rev. den., 562 So.2d 345 (1990).
9723174. In this case the conflict over whether reasonable assurances have
9734been given that the proposed facility will not be contrary to the public
9747interest centers around the impact of the proposed facility on the manatee. At
9760issue is whether there will be an adverse impact from the proposed facility on
9774the manatee and, if so, whether sufficient actions can be taken to mitigate
9787those impacts. See Barringer v. E. Speer and Associates, 14 FALR 3660 (DER
98001992); Coscan Florida, Inc. v. Department of Environmental Regulation, 12 FALR
98111359 (DER Final 1990), rev. on other grounds, Metropolitan Dade County v. Coscan
9824Florida, Inc., 609 So.2d 644 (Fla. 3d DCA 1992); and Sheriden v. Deep Lagoon
9838Marina, 11 FALR 4710 (DER 1989).
9844175. The evidence in this case proved that there would be an adverse
9857impact to the manatee from the use of recreational boats in the Greenway Canal
9871as a result of the proposed facility. Those negative impacts are, however,
9883mitigated by the limitation of the permit to sailboats. With this limitation,
9895and the other conditions of the permit concerning operation of the marina for
9908only sailboats, it is concluded that reasonable assurances that the marina will
9920not be contrary to the public interest have been given by Marina.
9932176. The foregoing conclusion does not, however, resolve this issue. The
9943permit at issue in this case, although limiting the use of the proposed facility
9957to sailboats, also specifically provides that the proposed facility may be used
9969by power boats in the future.
9975177. The use of the proposed facility by power boats will have an adverse
9989impact on the manatee. That adverse impact will be, without doubt, contrary to
10002the public interest.
10005178. In an effort to mitigate against the adverse impact to the manatee
10018from the use of the proposed facility by power boats, the Department has imposed
10032a number of conditions on the proposed facility. Of particular importance is
10044the condition of the draft permit that requires that Marina provide
10055documentation to the Department "that manatee protection speed zones in the
10066[Greenway Canal] have been revised, approved by the Bureau of Protected Species
10078Management, and posted in the [Greenway Canal]".
10086179. The difficulty with the condition concerning the use of power boats
10098is that the speed zones which may ultimately be established are unknown. There
10111is no assurance that the establishment of the speed zones and approval by the
10125Bureau of Protected Species Management will in fact eliminate, or sufficiently
10136reduce, adverse impacts to the manatee. The condition is vague and ambiguous in
10149that it fails to require that any speed zones which may ultimately be considered
10163adequate by the Department to allow power boats must not be contrary to the
10177public interest criteria of Section 403.918(2), Florida Statutes. The condition
10187is, therefore, inadequate. See Town of Windermere v. Orange County Parks
10198Department, 13 FALR 3897, 3900-3901 (DEP 1991).
10205180. The condition concerning speed zones is deficient in that it allows
10217the Department to "proceed without an analysis, in advance, of (1) the likely
10230effects of the project . . . ." Metropolitan Dade County at 648. See also
10245Cahill Pines & Palms Property Owners Ass'n v. Department of Environmental
10256Protection, 16 FALR 2569, 2584 (DEP 1994).
10263181. While the evidence proved that the establishment of speed zones MAY
10275be sufficient to mitigate the adverse impact on manatees from power boats, the
10288condition fails to require that any speed zones established in the future will
10301in fact eliminate the adverse impact of power boats on the manatee sufficiently
10314to conclude that the use of the proposed facility, as modified, will not be
10328contrary to the public interest. While it is true that the establishment of
10341speed zones will be pursuant to the administrative procedures of Chapter 120,
10353Florida Statutes, the evidence failed to prove that the speed zones that will be
10367established will result in little or no adverse impact to the manatee.
10379182. The permit, without the condition concerning the establishment of
10389speed zones, allows Marina to establish its facility and use it for sailboats.
10402If, in the future, Marina can provide reasonable assurances that the use of the
10416proposed facility for power boats will not cause an adverse impact on the
10429manatee because adequate speed zones have been established or some other manatee
10441protection plan has been instituted, it may apply to the Department for a permit
10455allowing power boats in the marina. It would then be required to provide
10468reasonable assurances that the project, as modified, is not contrary to the
10480public interest, i.e., that established speed zones will sufficiently reduce the
10491potential for adverse impact on the manatee. No permit condition is required in
10504order for Marina to pursue such a modification. More importantly, without a
10516permit condition concerning the establishment of speed zones, the Department
10526would be able to insure that the use of power boats would not be contrary to the
10543public interest.
10545183. In light of the foregoing, it is concluded that the condition of the
10559permit providing that power boats may be allowed at the proposed facility if
10572documentation that speed zones have been established is, at a minimum,
10583unnecessary, and at worse, a condition that could allow Marina to use the
10596proposed facility in a manner that will be contrary to the pubic interest.
10609184. Marina has provided reasonable assurances that the use of the marina
10621for sailboats only, without the condition establishing a prospective right to
10632use the facility for power boats if speed zones are established, is not contrary
10646to the public interest. Marina has failed to provide reasonable assurances,
10657however, that the condition of the permit allowing the use of power boats in the
10672future if documented that speed zones have been established is not contrary to
10685the public interest.
10688185. It is allowable to recommend additional permit conditions based upon
10699evidence of record so long as the rights of the parties to due process are not
10715violated. See Hopwood v. Department of Environmental Regulation, 402 So.2d 1296
10726(Fla. 1st DCA 1981). The evidence in this case established that a restriction
10739to idle or slow speed throughout the Greenway Canal and into the channel leading
10753to deeper waters of the Gulf of Mexico would adequately protect the manatee.
10766Such a condition cannot, however, be recommended. There are other factors in
10778addition to the impact on the manatee that should be considered in establishing
10791speed limits and the evidence presented in this matter did not adequately
10803address those factors.
10806G. The Management and Storage of Surface Water Permit.
10815186. The Management and Storage of Surface Water permit sought by Marina
10827is subject to the provisions of Section 373.413, Florida Statutes (1995), and
10839Rule 40D-4.301, Florida Administrative Code, prior to amendment in October,
108491995.
10850187. Section 373.413(1), Florida Statutes, provides the Department with
10859authority to require that the proposed facility "not be harmful to the water
10872resources of the district."
10876188. Rule 40D-4.301(1), Florida Administrative Code, requires that an
10885applicant for a Management and Storage of Surface Water permit provide
10896reasonable assurances that, among other things not relevant to this proceeding,
10907the proposed facility:
10910. . . .
10914(d) will not cause adverse impacts on
10921surface and ground water levels and flows,
10928. . . .
10932(h) will not adversely affect public
10938health and safety,
10941. . . .
10945(j) will not otherwise be harmful to the
10953water resource within the District,
10958. . . .
10962189. The evidence in this case failed to prove that the proposed facility
10975will violate Section 373.413(1), Florida Statutes, or Rule 40D-301, Florida
10985Administrative Code, with regard to saltwater intrusion.
10992190. The upconing of sulfates, however, creates a more difficult problem.
11003The water quality standard for sulfates in class G-II goundwater is 250 mg/l.
11016Rules 62-520.420 and 62-550.320 (Table 4), Florida Administrative Code. The
11026upconing of sulfates as a result of the proposed facility will violate this
11039standard. This standard is a "secondary drinking water" standard based upon the
11051potential adverse affects on the odor and appearance of drinking water. See,
11063Section 403.852(13), Florida Statutes. The sulfate violation from the proposed
11073project will not cause a violation of primary drinking water standards, which
11085are based upon public health concerns. See Section 403.851(12), Florida
11095Statutes.
11096191. Despite the foregoing conclusions, Marina has failed to give
11106reasonable assurances concerning the area of impact of the upconing of sulfates
11118into the drinkable groundwater. It cannot, therefore, be concluded that the
11129proposed facility will not "cause adverse impacts on . . . ground water levels
11143and flows", will not "adversely affect public health and safety," and will not
"11156otherwise be harmful to the water resource within the District".
11167192. Petitioners have argued that the assurances required to be given in
11179order to be entitled to the Management and Storage of Surface Water permit
11192cannot be given by Marina because of the policy of the Water Management District
11206that the actual owner of the subject property be the applicant. This argument
11219is rejected. The Department is responsible for the determination of policy with
11231regard to its issuance of the Management and Storage of Surface Water permit in
11245this proceeding.
11247H. Wetlands Resource Permit - Dredge and Fill Permit.
11256193. Because the wetlands resource permit is a dredge and fill permit, it
11269is also subject to the provisions of Rule 62-312.080(1), Florida Administrative
11280Code. Rule 62-312.080(1), Florida Administrative Code, provides:
11287(1) In accordance with Section 403.918(1),
11293F.S., no permit shall be issued unless the
11301applicant has provided the Department with
11307reasonable assurance based on plans, test
11313results or other information that the
11319proposed dredging or filling will not
11325violate water quality standards.
11329194. Rule 62-312.080(2), Florida Administrative Code, also requires that
11338the proposed project meet the "public interest" test of Section 403.908(2),
11349Florida Statutes. It has already been concluded, supra, that the public
11360interest test has not been met by Marina.
11368195. The evidence in this case did not prove that the actual dredging and
11382filling at the proposed site will have groundwater impacts. Secondary impacts,
11393however, due to the lowering of the potentiometric surface and the resulting
11405upwelling of sulfates will occur. The Department must consider these secondary
11416impacts as part of its review of the dredge and fill permit. The Conservancy,
11430Inc. v. A. Vernon Allen Builder, Inc., 580 So.2d 772 (Fla. 1st DCA 1991).
11444196. The evidence also proved that the upconing of sulfates into class G-
11457II groundwaters constitutes a violation of the secondary drinking water standard
11468for sulfates. The assertion of the Department that the violation should be
11480exempted is rejected. The position of the Department is based upon its
11492conclusion that the upconing of sulfates will be limited to the area immediately
11505below the Mine Pit. The evidence, however, failed to support this conclusion.
11517197. The Department has asserted that the violation should be exempt
11528pursuant to Rule 62-4.050(1), Florida Administrative Code, by operation of Rule
1153962-4.040(1)(b), Florida Administrative Code. The evidence, however, failed to
11548prove that the circumstances described in Rule 62-4.040(1)(b), Florida
11557Administrative Code, necessary for the exemption to be applied exist in this
11569case.
11570198. The Department has also asserted that the potential impact from
11581upconing of sulfates is better addressed in determining whether the Management
11592and Storage of Surface Water permit should be issued. The Department failed to
11605cite any authority to support this argument. More importantly, the evidence
11616failed to support a conclusion that the reasonable assurances required by an
11628applicant for a Management and Storage of Surface Water permit have been given
11641in this case.
11644199. The Department has also argued that an exemption should be granted
11656because the upconing caused by the proposed facility will occur every time a
11669well is installed. While this assertion is generally true, the problem with
11681this assertion is the size of the Mine Pit compared to the size of a well. The
11698lowering of the potentiometric surface caused by the digging of a well cannot be
11712compared with the impact of the lowering of a water body which is as large as 12
11729percent of the area of the Greenway Canal.
11737200. Finally, it is concluded that the granting of an exemption in this
11750matter, when no such exemption has been previously requested and ruled on by the
11764Department, would be contrary to the requirement of Rule 62-4.040(1)(b), Florida
11775Administrative Code. The rule requires that such determinations be made in
11786writing, be filed by the Department as a public record and that the Department's
11800determination is subject to challenge as agency action pursuant to Chapter 120,
11812Florida Statutes. These requirements have not been fulfilled in this case.
11823I. Zone of Discharge.
11827201. Having failed to give the reasonable assurances required for the
11838issuance of the permit due to the upconing of sulfates and the failure of Marina
11853to be entitled to an exemption pursuant to Rule 62-312.080, Florida
11864Administrative Code, it has been asserted that relief is available pursuant to
11876Rule 62-522.410, Florida Administrative Code.
11881202. Rule 62-522.410, Florida Administrative Code, allows the
11889establishment of a zone of discharge around a groundwater discharge site. The
"11901zone of discharge" is the area underlying a site wherein there is opportunity
11914for treatment, mixture, or dispersion of wastes in to the aquifer. See also,
11927Rule 62-520.200(23), Florida Administrative Code.
11932203. Within an approved zone of discharge groundwater quality standards
11942for sulfates do not have to be met. An applicant must show, however, that the
11957groundwater discharge will not violate standards outside of the zone. The zone
11969can only extend to the property boundary or 100 feet from the discharge site
11983boundary, whichever is less. See Rule 62-522.410(2), Florida Administrative
11992Code.
11993204. Although this proposed facility does not involve an actual discharge
12004of sulfates from the facility into the groundwater, the Department has suggested
12016that the zone of discharge mechanism should be applied to this case. Although
12029the Department has not cited any specific authority in support of this argument,
12042it is concluded that application of the zone of discharge rules, if pertinent,
12055is appropriate under the circumstances of this case.
12063205. The evidence in this case, however, failed to prove that the upconing
12076of sulfates as a result of the proposed facility will be limited to a zone of
12092discharge. Marina was not able to provide reasonable assurances that the
12103upconing of sulfates will be limited to the boundaries of the proposed site or
12117100 feet from the Mine Pit, whichever is less. Marina is not, therefore,
12130entitled to the relief provided by Rule 62-522.410, Florida Administrative Code.
12141RECOMMENDATION
12142Based upon the foregoing Findings of Fact and Conclusions of Law, it is
12155RECOMMENDED that the Florida Department of Environmental Protection enter a
12165Final Order denying Citrus Recreational Marina, Inc.'s application for wetland
12175resource permit (dredge and fill) and the application for Management and Storage
12187of Surface Waters Permit.
12191DONE and ENTERED this 18th day of November, 1996, in Tallahassee, Florida.
12203___________________________________
12204LARRY J. SARTIN
12207Administrative Law Judge
12210Division of Administrative Hearings
12214The DeSoto Building
122171230 Apalachee Parkway
12220Tallahassee, Florida 32399-3060
12223(904) 488-9675 SUNCOM 278-9675
12227Fax Filing (904) 921-6847
12231Filed with the Clerk of the
12237Division of Administrative Hearings
12241this 18th day of November, 1996.
12247COPIES FURNISHED:
12249Robert Goodwin, Esquire
12252Save the Manatee Club, Inc.
12257500 North Maitland Avenue, Suite 210
12263Maitland, Florida 32751
12266Peter Belmont, Esquire
12269511 31st Avenue, North
12273St. Petersburg, Florida 33704
12277Wayne Hrydziusko
12279Assistant General Counsel
12282Douglas H. MacLaughlin
12285Assistant General Counsel
12288State of Florida, Department of
12293Environmental Protection
122953900 Commonwealth Boulevard
12298Tallahassee, Florida 32399-3000
12301Richard S. Brightman, Esquire
12305Douglas Roberts, Esquire
12308HOPPING, GREEN, SAMS & SMITH, P.A.
12314Post Office Box 6526
12318Tallahassee, Florida 32314
12321Perry Odom, Esquire
12324Department of Environmental Protection
123283900 Commonwealth Boulevard
12331Tallahassee, Florida 32399-3000
12334Virginia B. Wetherell, Secretary
12338Department of Environmental Protection
123423900 Commonwealth Boulevard
12345Tallahassee, Florida 32399-3000
12348NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
12354All parties have the right to submit written exceptions within 15 days from the
12368date of this Recommended Order. Any exceptions to this Recommended Order should
12380be filed with the agency that will issue the final order in this case.
- Date
- Proceedings
- Date: 02/10/1997
- Proceedings: Final Order received.
- Date: 02/05/1997
- Proceedings: Agency Final Order
- PDF:
- Date: 11/18/1996
- Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 08/06-08/96 &08/15-16/96.
- Date: 09/20/1996
- Proceedings: Petitioner`s Proposed Recommended Order; Wordperfect Disk ; Cover Letter from P. Belmont received.
- Date: 09/19/1996
- Proceedings: Respondent, Citrus Recreational Marina, Inc.`s Proposed Recommended Order; Wordperfect Disk ; & Cover Letter from D. Roberts received.
- Date: 09/19/1996
- Proceedings: State of Florida Department of Environmental Protection`s Proposed Recommended Order received.
- Date: 09/18/1996
- Proceedings: Order Granting Motion for Official Recognition sent out.
- Date: 09/16/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Motion for Official Recognition; (2 Copies) Southwest Florida Water Management District Water Use PermitInformation Manual received.
- Date: 09/09/1996
- Proceedings: Evidentiary Hearing Transcript (Volumes 1-6 TAGGED) received.
- Date: 09/09/1996
- Proceedings: Notice of Filing; DOAH Court Reporter Final Hearing Transcript (Volumes 8, 9 & 10 TAGGED) received.
- Date: 09/03/1996
- Proceedings: (2 copies of Depositions) Deposition of Neal Wingo ; Deposition of Henry James Lamb ; Deposition of Peter A Quincy ; Respondent, Citrus Recreational Marina, Inc.`s Notice of Filing Deposition Transcripts received.
- Date: 08/15/1996
- Proceedings: CASE STATUS: Hearing Held.
- Date: 08/14/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Notice of Taking Telephonic Deposition received.
- Date: 08/13/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Notice of Taking Deposition received.
- Date: 08/13/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Notice of Taking Deposition received.
- Date: 08/08/1996
- Proceedings: (Petitioners) Stipulation As to Extent of Authorization of Citrus Recreational Marina, Inc., As Agent for Landowners received.
- Date: 08/06/1996
- Proceedings: CASE STATUS: Hearing Held.
- Date: 08/05/1996
- Proceedings: State of Florida Department of Environmental Proection`s Unilateral Prehearing Statement received.
- Date: 08/05/1996
- Proceedings: (Joint) Prehearing Stipulation (filed w/Hearing Officer at hearing) received.
- Date: 08/01/1996
- Proceedings: Amended Notice of Hearing (as to the exemption of three hearing datesonly) sent out. (hearing set for Aug. 6-9, 15-16; 10:30am; Crystal River)
- Date: 07/31/1996
- Proceedings: (Petitioners) Notice of Hearing (filed via facsimile) received.
- Date: 07/29/1996
- Proceedings: (Citrus) Notice of Taking Deposition received.
- Date: 07/29/1996
- Proceedings: (Citrus Recreational Marina, Inc.) (2) Notice of Taking Deposition received.
- Date: 07/29/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Notice of Taking Deposition received.
- Date: 07/26/1996
- Proceedings: Order Denying Petitioners` Motion for Summary Recommended Order sent out.
- Date: 07/24/1996
- Proceedings: Department of Environmental Protection`s Response to Petitioner`s Motion for Summary Recommended Order received.
- Date: 07/24/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Response in Opposition to Petitioners` Motion for Summary Recommended Order received.
- Date: 07/23/1996
- Proceedings: Petitioners Save the Manatee Club, Inc. and Friends of the Greenway`s Response to Respondent Citrus Recreational Marina, Inc.`s First Interrogatories and Request for Production received.
- Date: 07/19/1996
- Proceedings: Order Concerning Motion to Continue Hearing and Denying Motion in Limine sent out.
- Date: 07/18/1996
- Proceedings: Petitioners` Motion for Summary Recommended Order W/Tagged Attachments received.
- Date: 07/17/1996
- Proceedings: Petitioners` Motion for Summary Recommended Order (filed via facsimile) received.
- Date: 07/17/1996
- Proceedings: (Joint) Notice of Hearing (fax) received.
- Date: 07/15/1996
- Proceedings: (Citrus Recreational Marina, Inc.) Response in Opposition to Motin in Limine; Exhibits received.
- Date: 07/15/1996
- Proceedings: (Petitioners) Motion to Continue Hearing received.
- Date: 07/12/1996
- Proceedings: (From D. MacLaughlin) Notice of Appearance of Co-Counsel for Department of Environmental Protection received.
- Date: 07/12/1996
- Proceedings: (Petitioners) Motion in Limine received.
- Date: 07/12/1996
- Proceedings: (Petitioners) Motion to Continue received.
- Date: 06/20/1996
- Proceedings: Notice of Service of Respondent Citrus Recreational Marina, Inc., First Interrogatories to Petitioner Save the Manatee Club, Inc.; Notice of Service of Respondent Citrus Recreational Marina, Inc., First Interrogatories to Petitioner Friends of the Greenwa
- Date: 06/20/1996
- Proceedings: Respondent Citrus Recreational Marina, Inc.`s First Request for Production by Petitioner Save the Manatee Club, Inc.; Respondent Citrus Recreational Marina, Inc.`s First Request for Production by Petitioner Friends of the Greenway received.
- Date: 06/18/1996
- Proceedings: Department of Environmental Protection`s Notice of Change of Counsel received.
- Date: 05/22/1996
- Proceedings: Notice of Hearing sent out. (Hearing set for Aug. 6-9 & 12-16, 1996;10:30am; Inverness)
- Date: 05/22/1996
- Proceedings: Order of Prehearing Instructions sent out.
- Date: 04/30/1996
- Proceedings: Order Granting Motion for Extension of Time sent out.
- Date: 04/30/1996
- Proceedings: Department of Environmental Protection`s Response to Initial Order received.
- Date: 04/29/1996
- Proceedings: (Citrus) Motion for Extension of Time and Response to Initial Order received.
- Date: 04/26/1996
- Proceedings: (Citrus Recreational Marina, Inc.) (2) Notice of Appearance received.
- Date: 04/12/1996
- Proceedings: Initial Order issued.
- Date: 04/09/1996
- Proceedings: Notice of Intent to Issue; Request for Assignment of Hearing Officer and Notice of Preservation of Record, (Exhibit); Agency Intent to Issue; Petition for Formal Administrative Hearing received.