Division of Administrative Hearings, Florida
Filed: Aug. 24, 2001
The ultimate issue in this case is whether the South Florida Water Management District (SFWMD) should grant Environmental Resource Permit (ERP) Application No. 970509-10 for conceptual approval of a surface water management system serving a 167.9-acre commercial development in Broward County known as Pembroke Center and issue ERP No. 0600095-S-15 (Permit) to Arthur D. Weiss, Trustee (Weiss). The primary contested sub-issues involve the extent of use of offsite mitigation of the project's wetlands impacts through purchase of credits purchased from Florida Power and Light Company (FPL's) Everglades Mitigation Bank (EMB) 40 miles away in southern Dade County.Applicant for surface water management ERP proposed more than 75% of mitigation required to offset impacts to wetland functions out-of-basin through purchase of credits at mitigation bank 40 miles away--too far to avoid unacceptable cumulative impacts.
