Leon FL Administrative law, Banking and Land use and zoning -- eLawyers

19-003356 THOMAS WILSON vs U.S. ARMY CORPS OF ENGINEERS AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2019)

Division of Administrative Hearings, Florida Filed: Jun. 19, 2019

The issues to be determined are whether the U.S. Army Corps of Engineers (“Corps”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to Department of Environmental Protection (“DEP”) Permit Modification No. 0288799-006-JN (“Permit Modification”), as amended by the DEP’s August 21, 2019, Notice of Proposed Changes to Proposed Agency Action (“Proposed Change”) in the nearshore zone east of East Pass; and whether the East Pass Inlet Management Plan (“East Pass IMP”) is an unadopted rule as described in section 120.57(1)(e), Florida Statutes.The Corps of Engineers demonstrated that spoil from the dredging of East Pass should, to be compliant with section 161.142, Florida Statutes, be placed on adjacent eroding beaches east of the inlet.

19-001844 JOHN S. DONOVAN, DAVID H. SHERRY, AND REBECCA R. SHERRY vs CITY OF DESTIN, FLORIDA, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2019)

Division of Administrative Hearings, Florida Filed: Apr. 09, 2019

The issues to be determined is whether the City of Destin (“City”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to the Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization, Permit Number: 0288799-003-JC (“Permit”), in the swash zone east of East Pass in accordance with the Notice to Proceed (“NTP”); and whether the Inlet Management Plan referenced in the NTP is an unadopted rule as described in section 120.57(1)(e), Florida Statutes. ˆ °*+ " , &-ˆ .# /!ˆ(0 / .!°/ ˜)1* $˜+!22-"°##3!4#/ 4$#!"ˆ##%'"ˆ #& ˆ'(# ! &" & !° %&' ˆ5#"! #% ˜$ !"ˆ&# ˆ !&ˆ 6## !( ! !'# $!"#%ˆ &6## "7 !'(! &" %ˆ &7ˆ6 !' # 8#ˆ# !'97!&ˆ: -( ˆ7;#"ˆ&#° ˆ%!7ˆ'ˆ# 4%9 #7! #&ˆ$%!" #! ' &ˆ : -"°" #@A%B@BC $# !'4 # %97!&ˆ%ˆ &4 (ˆ# D #!'/ ! D #ˆ7E!# #! 4$-$ˆ 3!:FC4CGHIC@ =!6 ˜" ˆ7$ˆ 3!:FCGHCJI °7 2ˆ &ˆ &!( ! #F= #ˆ87!ˆ %$7 K FL6"#ˆˆ &!( ! M4:N #8ˆ' # ˆ Eˆ# K. !7& >! 8:! ! ˆ %4ˆ &0:8 %. ˜ ˆ.:8 % &!Dˆ ;7 ! : >" '# ;!1!'6 O%-$O$ N>! ( #-O:1:+! 6# 7N # $:4!# 2ˆˆ ˆ8ˆK ˆ Eˆ"7>:E!7#!%>: D!# >:E

17-005328 DEFENDERS OF CROOKED LAKE, INC., AND PHILLIP AND PRISCILLA GERARD vs KRISTA HOWARD AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Sep. 22, 2017

The issue is whether Respondent, Krista Howard,2/ is entitled to issuance of the Consolidated Environmental Resource Permit and Recommended Intent to Grant Sovereignty Submerged Lands Authorization, Permit No. 53-0351424-001-EI, as announced by Respondent, Department of Environmental Protection, in the Consolidated Notice of Intent to Issue Environmental Resource Permit and Lease to Use Sovereignty Submerged Lands issued on July 28, 2017, and subsequently amended on January 11, 2018.3/Applicant for single-family residential dock in Outstanding Florida Water established entitlement to environmental resource permit and sovereignty submerged lands lease for the dock.

20-000614 MARK SHEFFLER, MICHAEL DAVIS, STEVEN FUZZELL, AND MITCHELL ERGLE vs ANDREW KENT, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Feb. 04, 2020

The issue to be determined is whether the after-the-fact Environmental Resource Permit (“ERP”) and the November 19, 2019, proprietary Letter of Consent for a 2,203 square foot dock should be issued as described and authorized by the December 6, 2019, Consent Order, OGC File No. 19-1272, entered between Respondent Andrew Kent and the Department of Environmental Protection (“DEP”), in its own capacity, and in its capacity as staff to the Board of Trustees of the Internal Improvement Trust Fund (“BTIITF”).The subject dock is a hazard to navigation and impairs Petitioners' riparian rights. The permit should be denied.

20-002473 BARRY ROBERTS AND GLORIA MEREDITH TRUST vs JULIA FONDRIEST AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: May 26, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

20-002474 SHERRI CRILLY vs JULIA FONDRIEST AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: May 26, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

20-002535 JENNIFER DEMARIA vs JULIA FONDRIEST AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

Paul Joseph Polito