Division of Administrative Hearings, Florida
Latest Update: Sep. 27, 1988
At issue in these proceedings is whether petitioner's application to construct vertical bulkheads and patios on top of existing caprock within the manmade canals of Cudjoe Gardens, Monroe County, Florida, should be approved. At hearing, petitioner testified on his own behalf, and called Edward McCullough as a witness. Petitioner's exhibits 1- 16 were received into evidence, however, the probative value of exhibit 11, a document subject to the hearsay objection, was limited to supplementing or explaining competent proof. Respondent called as witnesses: Deborah Holle, accepted as an expert in wildlife management; Lucie Ann Blair, accepted as an expert in assessing biological impacts of dredge and fill projects; George P. Bartona, accepted as an expert in coastal engineering, hydrographics, water transport systems, and aerial photo interpretation; and Janet Llewellyn, accepted as an expert in assessing biological impacts of dredge and fill projects, oceanography, and the interpretation of the Department of Environmental Regulation's rules and statutes. Respondent's exhibits 1-7 were received into evidence. The transcript of hearing was not ordered. The parties' proposed findings of fact have been addressed in appendix 1 to this recommended order.Lands found not to be exempt from permittting for seawalls where not abut- ting artificial waterway or one occupied in whole or in part by the seawalls
