Leon FL Lawyers | Frank E Matthews -- eLawyers

03-000805 DESOTO CITIZENS AGAINST POLLUTION, INC. vs IMC PHOSPHATES COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Mar. 06, 2003

The issues are whether IMC Phosphates Company is entitled to an environmental resource permit for phosphate mining and reclamation on the Ona-Ft. Green extension tract, approval of its conceptual reclamation plan for the Ona-Ft. Green extension tract, and modification of its existing wetland resource permit for the Ft. Green Mine to reconfigure clay settling areas, relocate mitigation wetlands, and extend the reclamation schedule.The various specific conditions to the environmental resource permit are developed after the remand.

03-001610 DESOTO CITIZENS AGAINST POLLUTION, INC., AND ALAN BEHRENS vs IMC PHOSPHATES, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Apr. 24, 2003

The issues are whether IMC Phosphates Company is entitled to an environmental resource permit for phosphate mining and reclamation on the Ona-Ft. Green extension tract, approval of its conceptual reclamation plan for the Ona-Ft. Green extension tract, and modification of its existing wetland resource permit for the Ft. Green Mine to reconfigure clay settling areas, relocate mitigation wetlands, and extend the reclamation schedule.The various specific conditions to the environmental resource permit are developed after the remand.

04-004492GM DEPARTMENT OF COMMUNITY AFFAIRS, 1000 FRIENDS OF FLORIDA, INC., FLORIDA WILDLIFE FEDERATION, JUPITER FARMS ENVIRONMENTAL COUNCIL, INC., D/B/A LOXAHATCHEE RIVER COALITION, AUDUBON SOCIETY OF THE EVERGLADES AND MARIA WISE-MILLER vs PALM BEACH COUNTY (2004)

Division of Administrative Hearings, Florida Filed: Dec. 17, 2004

The issue in this case is whether amendments to the Palm Beach County (County) Comprehensive Plan (Plan) adopted by Ordinance Nos. 2004-34 through 2004-39, 2004-63 and 2004-64 (Amendments) to accommodate the County's development of a biotechnology research park on 1,900 acres known as the Mecca site are "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes.1It was at least fairly debatable that the Plan Amendments to accommodate the County`s Scripps project were "in compliance."

06-004922 CONSERVANCY OF SOUTHWEST FLORIDA vs G.L. HOMES OF NAPLES ASSOCIATES II, LTD., AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2006)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2006

The issue in this case is whether the South Florida Water Management District (SFWMD, or District) should issue a Modification to Environmental Resource Permit (ERP) No. 11- 02055-P, Application No. 060713-9, to G.L. Homes of Naples Associates II, Ltd. (G.L. Homes, or Applicant), which authorizes modifications to the surface water management system (SWMS) for a residential development known as Saturnia Falls (the Project).Recommend denial of modification to the Environmental Resource Permit because offsite mitigation no longer fully offsets wetland impacts.

04-000880RP ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2004)

Division of Administrative Hearings, Florida Filed: Mar. 15, 2004

The issue for determination in this case is whether proposed rules 62-40.410(3) and 62-40.474, in whole or in part, are invalid exercises of delegated legislative authority within the meaning of Section 120.52(8), Florida Statutes (2005).1The proposed rules are not invalid exercises of delegated legislative authority.

05-000130 SIERRA CLUB, INC. vs FCC PARTNERS LP, LTD, PLAZA PARTNERS GROUP LP, LTD, PYRAMID PARTNERS GROUP LP, LTD AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2005)

Division of Administrative Hearings, Florida Filed: Jan. 14, 2005

The ultimate legal and factual issue in this matter is whether FCC Partners LP, LTD, et al. (collectively FCC) has provided the St. Johns River Water Management District (District) with reasonable assurances that the activities it proposes to conduct for construction and operation of a surface water management system for a commercial and residential project and alteration of two surface water management systems to implement a wetland mitigation plan pursuant to Environmental Resource Permit (ERP) Application No. 4-031-17237-4 (the Permit), meet the conditions for issuance of permits established in Chapter 373, Florida Statutes, Florida Administrative Code Rules 40C-4.301 and 40C-4.302 and the District’s Applicant’s Handbook: Management and Storage of Surface Water (A.H.).The applicant provided reasonable assurances that its project complies with the applicable provisions of Florida Administrative Code Rules 40C-4.301 and 40C-4.302, Chapter 373, Florida Statutes, and the Applicant`s Handbook.

05-000131 ST. JOHNS RIVERKEEPER, INC. vs FCC PARTNERS LP, LTD, PLAZA PARTNERS GROUP LP, LTD, PYRAMID PARTNERS GROUP LP, LTD AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2005)

Division of Administrative Hearings, Florida Filed: Jan. 14, 2005

The ultimate legal and factual issue in this matter is whether FCC Partners LP, LTD, et al. (collectively FCC) has provided the St. Johns River Water Management District (District) with reasonable assurances that the activities it proposes to conduct for construction and operation of a surface water management system for a commercial and residential project and alteration of two surface water management systems to implement a wetland mitigation plan pursuant to Environmental Resource Permit (ERP) Application No. 4-031-17237-4 (the Permit), meet the conditions for issuance of permits established in Chapter 373, Florida Statutes, Florida Administrative Code Rules 40C-4.301 and 40C-4.302 and the District’s Applicant’s Handbook: Management and Storage of Surface Water (A.H.).The applicant provided reasonable assurances that its project complies with the applicable provisions of Florida Administrative Code Rules 40C-4.301 and 40C-4.302, Chapter 373, Florida Statutes, and the Applicant`s Handbook.

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.

94-002722RU FLORIDA ELECTRIC POWER COORDINATING GROUP, INC.; THE FLORIDA CHAMBER OF COMMERCE, INC.; FLORIDA FARM BUREAU FEDERATION; ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS; AND FLORIDA HOME BUILDERS ASSOCIATION vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1994)

Division of Administrative Hearings, Florida Filed: May 13, 1994

Whether the following proposed rules are invalid exercises of delegated legislative authority as defined in Subsection 120.52(8), Florida Statutes: 1. Rules 40E-400.417(1)(c), 40E-400.427(1)(b), 40E-431.(1)(g), 40E- 400.475(1)(a), (b), 40E-400.483, and 40E-400.487. Subsections 4.2.4.3(f), (g), (h), (i) of the South Florida Water Management District's Basis of Review. Subsection X.2.7(a) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.2.7(b) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.3.2.2 of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. 6. Rules 62-330.200(1)(d), 62-330.200(2)(h), and 62-330.200(4)(b).Engineer had standing to challenge Environmental Rules Permitting (ERP). Rules are valid.

Frank E Matthews