Division of Administrative Hearings, Florida
Filed: May 22, 2018
The issue to determine in this matter is whether Respondent Department of Environmental Protection (DEP) properly issued its proposed verification of an Environmental Resource Permit (ERP) exemption, dated March 23, 2018, for the installation of nine pilings off of Respondent Larry Lynn’s residential property, in the direction of Petitioner MarineMax, Inc.’s commercial property (MarineMax), pursuant to section 373.406(6), Florida Statutes, commonly known as the “de minimus” exemption.Mr. Lynn's installation of nine pilings off of his residential property does not create minimal or insignificant individual or cumulative impacts on the water resources, and, therefore, qualify for an exemption from an environmental resource permit.
