Division of Administrative Hearings, Florida
Filed: Jun. 24, 2004
The general issue to be resolved in this proceeding concerns whether the Florida Department of Environmental Protection (Department) or (DEP) and the Board of Trustees of the Internal Improvement Trust Fund (Trustees) should issue an Environmental Resource Permit, a private easement, and two lease modifications in order to allow use of sovereignty submerged lands to Atlantic Dry Dock Corporation, Atlantic Marine, Inc., and Atlantic Marine Property Holding Company (Atlantic Marine) for the purpose of expanding facilities at a commercial shipyard in Duval County, Florida, at the confluence of the St. Johns River and Sister's Creek. Specifically, the issues to be resolved as stipulated to prior to hearing as to: (1) Whether the proposed activity is contrary to the public interest as set forth in Section 373.414, Florida Statutes an: (a) Whether the activity will adversely affect the public safety or property of others; (b) whether the activity will adversely affect navigation or the flow of water or cause harmful erosion; (c) whether the activity will adversely affect the fishing or recreational values in the vicinity of the activity; and (d) whether the proposed mitigation is appropriate, sufficient, or contrary to law. (2) Whether the proposed conveyance of state lands under Section 253.12, Florida Statutes: (a) is contrary to public interest; (b) is consistent with all legal requirements; (c) will interfere with the lawful riparian rights of the Petitioners; (d) is a serious impediment to navigation; and (e) whether the proposed mitigation is adequate to compensate for the purposed project's destruction of natural marine habitats, grass flats, or feeding grounds for marine life.Respondent showed reasonable assurances that a drydock/shipyard expansion project would comply with the requirements of the corresponding Florida statutes and rules, especially of habitat mitigation and lack of cumulative impact on water quality.