The issues to be resolved in this proceedings concern whether Environmental Resource Permit (ERP) No. 4-109-0216-ERP, should be modified to allow construction and operation of a surface water management system (project) related to the construction and operation of single-family homes on "Marshall Creek" (Parcel D) in a manner consistent with the standards for issuance of an ERP in accordance with Rules 40C-4.301 and 40C-4.302, Florida Administrative Code.Applicant Respondent showed reasonable assurance that all stormwater and water quality parameters would be met, especially in view of wetland mitigation and preservation plan.

The issues to be resolved in this proceeding concern whether an environmental resource permit (number 4-109-0216-ERP) (the ERP) should be modified to allow construction and operation of a surface water management system (the project) for a residential development known as EV-1, in a manner consistent with the standards for issuance of ERPs in accordance with Florida Administrative Code Rules 40C-4.301 and 40C-4.302.Respondent established reasonable assurances that storm water, water quality and wildlife-related standards of the statutes and rules would be met through the mitigation plan. Pet. established standing on some issues but did not meet burden of proof.

Whether the proposed entry road, golf course, and associated surface water management system for Marshall Creek Development (the Project), is consistent with the standards and criteria for issuance of an Environmental Resource Permit (ERP), as set forth in Rules 40C-4.301 and 40C-4.302, Florida Administrative Code. Whether the proposed consumptive use of water for irrigation of the Marshall Creek Golf Course and the proposed temporary consumptive use of water for household-type use is consistent with the standards and criteria for issuance of a Consumptive Use Permit, as set forth in Rule 40C-2.301, Florida Administrative Code.Hines Interests Limited Partnership showed that it met the standards for consumptive use and environmental resource permits with specific modifications.

The issue in this proceeding is whether, pursuant to Sections 120.57(1)(b)5 and 120.59(6), Florida Statutes (1995)1 Respondents Fisher Development Company (Fisher) and Nassau County (County) are entitled to attorneys fees and costs in these proceedings.Evidence disclosed attorney created sham corporate party to challenge Department of Environmental Protection permits of competitor. Attorney's fees awarded.

Whether the proposed Walden Chase development (the "Project"), is consistent with the standards and criteria for issuance of an Environmental Resource Permit ("ERP") as set forth in Rules 40C-4.301 and 40C-4.302, Florida Administrative Code.Applicant`s presentment of satisfactory assurances dictates that a permit should be issued, subject to conditions.

The issue is whether Florida Rock Industries' application for renewal of its consumptive use permit to pump water at its Goldhead Sand Mine in Clay County, Florida, should be granted.Mining operations not responsible for declining levels of water in nearby lakes. Permit issued.

The issues for determination in this proceeding are whether Respondent, Department of Environmental Protection (the "Department"), should issue a permit for an existing retaining wall and dock located at the residence of Respondent, Tana Hubbard ("Hubbard"), in waters of the state; and whether the Department should issue an after-the-fact consent of use for the dock.Single family dock in waters of the State and sovereign submerged lands is entitled to dredge and fill permit and consent of use.

Whether Respondent University of North Florida should be issued a Management and Storage of Surface Waters ("MSSW") permit and a Wetlands Resource Management ("dredge and fill") permit, both related to road construction at the University.Management and Storage of Surface Water project not harmful to water resources, not violative of water quality standards, should be approved.

The City withdrew its initial application for a permit to construct the proposed southeast landfill, filed April 24, 1987, on December 11, 1987, the same day it filed the application which, with subsequent amendments, is now pending. After DER gave notice of its intent to issue the permit on April 15, 1988, petitioners filed timely requests for formal administrative hearing. DER also received timely hearing requests in response to its notice of intent to issue a dredge and fill permit for the construction of an access road to the site, filed May 20, 1988, in response to its notice of intent to issue a permit for the stormwater management system for the site, filed May 25, 1989, and in response to its notice of intent to grant a variance, filed August 31, 1988. In accordance with Section 120.57(1)(b)3., Florida Statutes (1987), DER elected to transmit these hearing requests to the Division of Administrative Hearings, where they were docketed as thirteen separate cases. By order entered December 20, 1988, proceedings on all hearing requests were consolidated. As recited in the City's proposed recommended order: The City and DER presented the testimony of Victoria Tschinkel, an expert in environmental regulation and environmental biology; David K. Nickerson, an expert in wetlands permitting, mitigation, and wetlands ecology; Samuel E. Wiley, an expert in wildlife biology; Janet J. Llewellyn, an expert in wetlands ecology, the assessment of impacts of dredge and fill projects, the evaluation of mitigation plans, and the application of DER's regulations to dredge and fill projects; Heather L. Nixon, an expert in wetland ecology; Glenn E. Lowe, Jr., an expert in zoology and wetland ecology; James A. Nissen, an expert design engineer for the design and operation of sanitary landfills; David E. Deans, an expert in landfill design and the design of liners and leachate collection systems; Hilary Theisen, an expert in landfill operations, odor control, and gas control; Mary C. Nogas; Stewart L. Stover, Jr., an expert in geology and hydrogeology; G. Warren Leve, an expert in geology and hydrogeology; Robert W. Bass, an expert in environmental engineering and leachate characterization; Frank A. Jones, an expert in environmental toxicology; Vincent P. Amy, an expert in geology, hydrogeology and groundwater quality; Firmin W. Southwell; Linda M. Danco, an expert in stormwater engineering; Caroline J. Mitchell, an expert in stormwater engineering; John E. Timberlake, an expert in stormwater engineering; David Miracle, an expert in environmental engineering, with a special expertise in stormwater and surface water management; James A. Horton, an expert in geotechnical engineering; Patrick T. Karney, an expert in wastewater treatment; Janice Nepshinsky, an expert in environmental engineering, with a special expertise in water chemistry and water quality; Mark Santarelli, an expert in well drilling and construction; Richard Wilkins, an expert in the regulation of pollution sources in Florida; Philip M. Coram, an expert in environmental engineering, the application of DER rules to solid, hazardous, domestic, and industrial waste facilities, the review and evaluation of groundwater monitoring plans, and the application of DER rules to stormwater sources. The McCormicks presented the testimony of J. T. McCormick, J. Haydon McCormick, and Theodore F. Petit. STOP, Inc. presented the testimony of Mr. Gordon Gruhn.Landfill applicant must show entitlement de novo to variance despite DER's intent to grant. No mixing zone allowed for carcinogens leaking from lining.