The final order denied a petition for waiver or variance from David Massey in OGC Case No. 06-0789. Notice of receipt of this petition was published on the Department's official internet noticing website on March 31, 2006. No public comment was ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

NOTICE IS HEREBY GIVEN that on August 3, 2006, the Department of Environmental Protection has issued an order.

The final order denied a petition for waiver or variance from David Massey in OGC Case No. 06-0789. Notice of receipt of this petition was published on the Department’s official internet noticing website on March 31, 2006. No public comment was received. In the Petitioner’s response to the Department’s request for additional information he amended the petition to specifically seek waiver of paragraph 62-312.370(1)(a) and Rule 62-312.390, F.A.C.; and variance from subsections 40E-4.301(1) and (3), paragraphs 40E-4.302(1)(a) and (b), subsections 62-312.060(10), 62-312.300(3), 62-312.320(3), 62-312.330, and Section 62-312.340, F.A.C. The final order dismissed the portions of the petition related to waiver and variance from sections of Chapter 62-312, F.A.C., since that rule chapter only applies to projects within the geographical boundaries of the Northwest Florida Water Management District. The rules that govern Mr. Massey’s petition are the environmental resource permitting (ERP) rules of the South Florida Water Management District in rule Chapter 40E-4, F.A.C., adopted by the Department. Subsections 40E-4.301(1) and (3), and paragraphs 40E-4.302(1)(a) and (b), F.A.C., implement the ERP program under Part IV of Chapter 373, F.S. The final order found that Mr. Massey did not demonstrate that obtaining the required permit and complying with the relevant permitting criteria would create a substantial hardship or violate principles of fairness. The Department found that authorizing the proposed impact to 11,310 sq. feet of wetlands for construction of a single-family residence, driveway, onsite sewage disposal system, well, and yard, without adequate mitigation to offset these impacts will not conserve and protect water quality for the propagation of wildlife and fish and other aquatic life. Inadequate mitigation to offset the proposed impact will not achieve the Department’s statutory mandate to account for cumulative impacts on water resources and management of water resources to ensure their sustainability. Therefore, the underlying purposes of Part IV, Chapter 373, F.S., were not met.

A copy of the Order may be obtained by contacting: Francine M. Ffolkes, Office of General Counsel, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, [phone].