Division of Administrative Hearings, Florida
Filed: Mar. 26, 2008
The issues are whether a beach restoration and dune nourishment project proposed by Respondent Town of Palm Beach, Florida is entitled to a joint coastal permit (coastal construction and environmental resource permits), pursuant to Section 161.055, Florida Statutes, and Florida Administrative Code Rule 62B-49.003; proprietary authorization for activities on sovereign submerged lands, pursuant to Section 253.77(1), Florida Statutes; and variance from water quality standards, as set forth in the rule limiting permissible mixing zone limits, pursuant to Section 403.201(1), Florida Statutes.Palm Beach failed to provide reasonable assurance that water resources of district would not be harmed and failed to mitigate for these impacts in beach restoration project with excessive fine sediments relative to sediments on existing beach.
