Division of Administrative Hearings, Florida
Latest Update: Feb. 17, 1982
Whether Petitioner's application for a dredge and fill permit under Chapter 403, F.S., and water quality certification under PL 92-500, should be approved. This proceeding involves Petitioner's request for an "after-the-fact" dredge and fill permit to place approximately 3,220 square feet of fill material on his property, which is contiguous to Spring Warrior Creek in Taylor County for the purposes of a pad to support a mobile home. Respondent issued its intent to deny the permit on July 31, 1901, on grounds that the proposed fill would result in a loss of a tidal marsh area and that the fill would result in water quality degradation. Respondent thereafter requested a hearing on the denial of his application. At the hearing, Petitioner testified in his own behalf, but presented no other witnesses. Two witnesses testified for the Respondent. Two composite exhibits were received in evidence. The parties agreed that the time for rendering a Recommended Order in this case would be extended until on or before January 29, 1982. Respondent submitted Proposed Findings of Fact and Conclusions of Law, and those portions thereof which have not been adopted herein are considered to be either unnecessary, irrelevant, or unwarranted in law or fact.Recommend denial of after-the-fact permit for fill in wetlands. Cumulative damage was not disproven.
