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03-002884RP SUGAR CANE GROWERS COOPERATIVE OF FLORIDA vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Aug. 07, 2003

Whether Proposed Rule 62-302.540, as formally noticed for adoption by the Department of Environmental Protection on July 18, 2003, is an invalid exercise of delegated legislative authority?Respondent`s proposed rule, "water quality standards for phosphorus within the Everglades Protection area," is not an invalid exercise of delegated legislative authority.

04-003064 FLORIDA WILDLIFE FEDERATION, JUPITER FARMS ENVIRONMENTAL COUNCIL, INC., D/B/A LOXAHATCHEE RIVER COALITION, AUDUBON SOCIETY OF THE EVERGLADES, MARGE KETTER, PALM BEACH COALITION, STEVEN BELL, ALEXANDRA LARSON, MICHAEL CHRISTIANSON, AND BARRY SILVER vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PALM BEACH COUNTY, AND LANTANA FARMS ASSOCIATES, INC. (2004)

Division of Administrative Hearings, Florida Filed: Aug. 31, 2004

Petitioners challenge the South Florida Water Management District’s (the District) proposed action to issue Individual Environmental Resource Permit (ERP) 50-06558-P to authorize conceptual approval of a surface water management (SWM) system to serve 1,919 acres of a phased, multiple-use development referred to as the Palm Beach County Biotechnolgy Research Park (BRP) and to authorize construction and operation of Phase 1A of that proposed project. The ultimate issue is whether the Applicants provided reasonable assurances that the proposed activities will not be harmful to the water resources of the District; will not be inconsistent with the overall objectives of the District; and will comply with the water quantity, environmental, and water quality criteria of the District’s ERP regulations, which are set forth in Part IV of Chapter 373, Florida Statutes, Florida Administrative Code Chapter 40E-4, et. seq.; and the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District – September 2003 (BOR).1The applicants gave reasonable assurance that the aplicable permitting criteria had been met.

04-003084 PALM BEACH COUNTY ENVIRONMENTAL COALITION, STEVEN BELL, ALEXANDRA LARSON, MICHAEL CHRISTIANSON, AND BARRY SILVER vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PALM BEACH COUNTY, AND LANTANA FARMS ASSOCIATES, INC. (2004)

Division of Administrative Hearings, Florida Filed: Sep. 02, 2004

Petitioners challenge the South Florida Water Management District’s (the District) proposed action to issue Individual Environmental Resource Permit (ERP) 50-06558-P to authorize conceptual approval of a surface water management (SWM) system to serve 1,919 acres of a phased, multiple-use development referred to as the Palm Beach County Biotechnolgy Research Park (BRP) and to authorize construction and operation of Phase 1A of that proposed project. The ultimate issue is whether the Applicants provided reasonable assurances that the proposed activities will not be harmful to the water resources of the District; will not be inconsistent with the overall objectives of the District; and will comply with the water quantity, environmental, and water quality criteria of the District’s ERP regulations, which are set forth in Part IV of Chapter 373, Florida Statutes, Florida Administrative Code Chapter 40E-4, et. seq.; and the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District – September 2003 (BOR).1The applicants gave reasonable assurance that the aplicable permitting criteria had been met.

98-002375 ROYAL PALM BEACH COLONY, L.P. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (1998)

Division of Administrative Hearings, Florida Filed: May 21, 1998

Whether Petitioner should be granted No Notice General Environmental Resource Permits for Lots 61, 245, and 247 within Unit of Development 11 of the Indian Trail Improvement District, pursuant to permitting criteria of Chapter 373, Part IV, Florida Statutes, Chapters 40E-40 and 40E-400, Florida Administrative Code, and the South Florida Water Management District's "Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District--November 1996."Applicant not entitled to a no notice general permit. Three lots in application were part of a larger common plan of development sale.

98-004163RX ROYAL PALM BEACH COLONY, L.P. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (1998)

Division of Administrative Hearings, Florida Filed: Sep. 23, 1998

Whether Rules 40E-400.315(f) and 40E-4.301(f), Florida Administrative Code, and Section 4.1.1(f) and 4.2.7(a)-(d), Basis of Review Handbook for Environmental Resource Permit Application, are an invalid exercise of delegated legislative authority.Rules on secondary impacts and no notice general permits are valid. South Florida Water Management District not limited to considering direct impacts.

00-003853 JAMES W. SLUSHER, JR. vs MARTIN COUNTY AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2000)

Division of Administrative Hearings, Florida Filed: Sep. 15, 2000

The issues presented for decision in this case are: whether Martin County should be granted the re-issuance of Water Use Permit No. 43-00752W for the Tropical Farms Water Treatment Plant and associated wells; and (2) whether Martin County should be granted Water Well Construction Permit No. SF032696B for the construction of Well No. 10 of the Tropical Farms Water Treatment Plant, pursuant to the permitting criteria of Chapter 373, Parts II and III, Florida Statutes; Chapters 40E-2 and 40E-3, Florida Administrative Code; and the Basis for Review for Water Use Permit Applications of the South Florida Water Management District.Applicant for well construction permit and consumptive use permit showed "reasonable assurances" warranting issuance of permits.

02-001629 FLORIDA AUDUBON SOCIETY, D/B/A AUDUBON OF FLORIDA; NATIONAL PARK CONSERVATION ASSOCIATION; THE EVERGLADES TRUST, INC.; AND THE EVERGLADES FOUNDATION, INC. vs LENNAR HOMES INC. AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2002)

Division of Administrative Hearings, Florida Filed: Apr. 23, 2002

The issues are whether Respondent Lennar Homes, Inc., is entitled to an environmental resource permit to construct a 516- acre residential development in Miami-Dade County known as Lakes by the Bay South Commons Project and, if so, under what conditions.Implementation of comprehensive Everglades Restoration Plan among overall objectives of water district, which may impose conditions on environmental resource permit to achieve consistency with future CERP project.

00-003615RU OSCEOLA FISH FARMERS ASSOCIATION, INC. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2000)

Division of Administrative Hearings, Florida Filed: Aug. 31, 2000

97-000437 JAMES E. SLATER, AS TRUSTEE, AND ALICIA O`MEARA vs ORANGE COUNTY PARKS AND RECREATION DEPARTMENT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (1997)

Division of Administrative Hearings, Florida Filed: Jan. 30, 1997

The issue presented for decision in this case is whether Orange County should be granted Environmental Resource Permit (“ERP”) No. 940519-1 for the Keene’s Park and Boat Ramp project (also referred to herein as the "R.D. Keene boat ramp") to be located on Lake Isleworth, part of the Butler Chain of Lakes, an Outstanding Florida Water (“OFW”), pursuant to the permitting criteria of Chapter 373, Part IV, Florida Statutes, Chapter 40E- 4, Florida Administrative Code, and the Basis of Review for Environmental Resource Permit Applications of the South Florida Water Management District (the “District”).Environmental Resource Permit for public boat ramp granted, because construction and operation of ramp will not degrade water quality of the Outstanding Florida Waters on which it will be located.

97-001894 MEL MCGINNIS AND PAMELA MCGINNIS vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Apr. 18, 1997

Whether the Mosquito Ditch Exemption of Section 373.4211(25), Florida Statutes, applies so as to exclude Petitioners' property adjacent to Miguel Bay in Manatee County from the permitting authority of the Department of Environmental Protection? If not, whether Petitioners are entitled to an Environmental Resources Permit from the Department?Mosquito ditch exemption from Environmental Resource permitting of Department of Environmental Protection not available if proposed site is historic wetlands.

Douglas Harold MacLaughlin