Leon FL and Administrative law Lawyers | Eric Tyler Olsen -- eLawyers

01-003373 BROWARD COUNTY vs ARTHUR WEISS, TRUSTEE, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2001)

Division of Administrative Hearings, Florida Filed: Aug. 24, 2001

The ultimate issue in this case is whether the South Florida Water Management District (SFWMD) should grant Environmental Resource Permit (ERP) Application No. 970509-10 for conceptual approval of a surface water management system serving a 167.9-acre commercial development in Broward County known as Pembroke Center and issue ERP No. 0600095-S-15 (Permit) to Arthur D. Weiss, Trustee (Weiss). The primary contested sub-issues involve the extent of use of offsite mitigation of the project's wetlands impacts through purchase of credits purchased from Florida Power and Light Company (FPL's) Everglades Mitigation Bank (EMB) 40 miles away in southern Dade County.Applicant for surface water management ERP proposed more than 75% of mitigation required to offset impacts to wetland functions out-of-basin through purchase of credits at mitigation bank 40 miles away--too far to avoid unacceptable cumulative impacts.

99-003885RX SAVE THE MANATEE CLUB, INC., vs SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (1999)

Division of Administrative Hearings, Florida Filed: Sep. 17, 1999

Whether Save the Manatee Club has standing in this proceeding? Whether the exemptions in paragraphs (3), (5) and (6) of Rule 40D-4.051, Florida Administrative Code, (the Exemptions) are "invalid exercises of delegated legislative authority" as defined in paragraphs (b) and (c) of Section 120.52(8), Florida Statutes? Whether the Exemptions violate the prohibitions and restrictions on agency rulemaking contained in the last four sentences of Section 120.52(8), Florida Statutes?Rule exempting development projects with approvals as of October 1, 1984, from effects of Environmental Resource Permit rules does not implement statutes that are specific enough to satisfy Section 120.52(8), Florida Statutes.

94-006578RP ZELLWOOD DRAINAGE AND WATER CONTROL DISTRICT vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Nov. 23, 1994

Appendix "A" to the final order describes the issues of fact and law which must be resolved.The agency did not have authority to establish a nutrient budget for phosphorous.

92-006153EPP IN RE: ORLANDO UTILITIES COMM. CURTIS H. STANTON ENERGY CENTER UNIT 1 AND 2 (PA NO. 81-14B) vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Oct. 05, 1992

Jurisdiction Relinquished to sitting board after stipulation and agreed conditions settled factual disputes regarding site modification.

92-000894 C. R. O. P., INC.; GENEVA DEFENSE ASSOCIATION; SAVE OUR ST. JOHN`S; AND DONALD CRABTREE vs JAMES P. VEIGLE; EXCAVATION PRODUCTS, INC.; AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Feb. 10, 1992

The issue in this case is whether Excavated Products is entitled, under Chapter 373, Florida Statutes, and Chapter 40C- 4, Florida Administrative Code, to a Management and Storage of Surface Waters permit for the construction of a borrow pit and, if so, what if any conditions should be imposed upon the permit.Lack of site-specific data and conflicting hydrogeological evidence precluded required reasonable assurance for excavation of entire pit over aquifer.

92-000246 WILLIAM NASSAU vs VERNON AND IRENE BECKHAM, UTILITIES COMMISSION OF NEW SMYRNA BEACH, VOLUSIA CITY-COUNTY WATER SUPPLY AUTHORITY, AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Jan. 16, 1992

The disputed issues are as follows: Whether the proposed Water Conservation Plan is sufficient to meet the requirements of the District rule; Whether the proposed pumping will adversely affect wetlands and wetland vegetation in contravention of District rule; Whether the permit applicant has provided reasonable assurance of entitlement to the requested permit as required by the District rule; and What limiting conditions pursuant to Rule 40C-2.381, F.A.C., should be imposed on the Consumptive Use Permit (CUP).Applicant proved entitlement to consumptive use permit with conditions for its existing and proposed wellfields.

91-003862 CARL F. ZINN vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1991)

Division of Administrative Hearings, Florida Filed: Jun. 24, 1991

The issue concerns the entitlement of GJPS Lukas, Inc. to be granted a consumptive use of water permit from the St. Johns River Water Management District. See Chapter 373, Florida Statutes, and Chapter 40C-2, Florida Administrative Code.Request for consumptive use permit. Recommended grant for sod farm.

Eric Tyler Olsen