Division of Administrative Hearings, Florida
Latest Update: Jun. 09, 1983
On November 9, 1978, petitioner, Department of Environmental Regulation (DER) issued a dredge and fill permit No. 17-11736-1E, authorizing respondent: To construct a vertical seawall along the approximate mean high water line, extending 10' waterward of this line at the eastern 40' portion of the project, and to place approximately 15 cubic yards of fill material in accordance with [an attached drawing] 1/ . . . DER's Exhibit No. 1. Among the permit conditions was a provision that "the work authorized by this permit shall be valid for a three (3) year period that shall commence upon receipt by the permittee of all governmental authorizations, state and federal." DER's Exhibit No. 1. On May 18, 1979, the United States Army Corps of Engineers (Army Corps) issued its permit "to construct a riprap revetment and to construct a vertical bulkhead with backfill," DER's Exhibit No. 6, to which was attached a drawing identical to the drawing 2/ incorporated in the DER permit. The Army Corps permit specified an expiration date of May 18, 1982. DER's Exhibit No. 6.Respondent should remove illegally placed fill and pay costs.
