Division of Administrative Hearings, Florida
Latest Update: Aug. 08, 1978
Whether Department of Transportation should be issued a permit by Department of Environmental Regulation to construct a highway interchange at the intersection of proposed extension of Interstate Highway 75 and SR 64, pursuant to Chapter 403, Florida Statutes, and Public Law 92-500. These proceedings commenced after Respondent Department of Environmental Regulation (DER) issued a Notice of Intent to Grant a Permit to Respondent Department of Transportation (DOT) on March 15, 1978, to construct an interchange where a proposed extension of Interstate Highway I-75 will intersect with SR-64 in Manatee County, Florida. Petitioner Manatee Chapter of the Izaak Walton League of America, Inc., a Florida nonprofit corporation (Izaak Walton League), filed its petition in April, 1978, contesting issuance of the permit on various grounds. An amended petition was filed on June 13, 1978, alleging that the proposed agency action is in contravention of applicable statutes and regulations prohibiting the destruction of aquatic natural resources and the degradation of water quality resulting from such activity, and is contrary to recommendations for denial of the permit by the Manatee County Pollution Control Department, the U.S. Division of Forestry, the initial findings of the DER staff, and objections of the U.S. Fish and Wildlife Service. At the commencement of the hearing, Petitioner withdrew its allegations concerning Chapter 253, Florida Statutes, deficiencies relative to natural resources, and it was agreed by the parties that the proper scope of the hearing involved only water quality standards under Chapter 403, Florida Statutes, Rule 17-4.28, Florida Administrative Code, and other related DER rules.Respondents should be granted the permit to construct the interchange.