The issue to be resolved in this proceeding concerns whether the applicant, Craig Watson, has provided reasonable assurances in justification of the grant of an Industrial Waste Water Facility permit for a rotational grazing dairy to be located in Gilchrist County, Florida, in accordance with Section 403.087, Florida Statutes, and the applicable rules and policies of the Department of Environmental Protection. Specifically, it must be determined whether the applicant has provided reasonable assurances that the operation of the industrial waste water facility at issue will comply with the Department's ground water quality standards and minimum criteria embodied in its rules and relevant policy, including draft permit conditions governing the proposed zone of discharge for the project. It must be determined whether the ground water beyond the proposed zone of discharge will be contaminated in excess of relevant state standards and criteria and whether the water quality of the G-II aquifer beneath the site will be degraded. Concomitantly it must be decided whether the applicant has provided reasonable assurances that the proposed project will comply with the Department's effluent guidelines and policy for dairy operations as industrial waste water facilities, pursuant to the Department's policy enacted and implemented pursuant to its rules for granting and implementing industrial waste water facility permits, as they relate to dairy operations.Petitioner proved dairy would provide adequate on-site containment and treatment of nitrates so as to reasonably assure that regulatory standards for nitrates in groundwater would not be violated.

The issue in this case is whether a management and storage of surface waters permit and a wetland resource permit/water quality certification to construct a marina facility within an existing dolomite mine pit adjacent to the Cross Florida Barge Canal applied for by Citrus Recreational Marina, Inc., should be granted by the Florida Department of Environmental Protection.Applicant failed to provide assurances proposed marina will not adversly impact manatee (unless only sailboats allowed) and groundwater.

The issue in this case is whether the Board of Trustees of the Internal Improvement Trust Fund should approve the execution by the Florida Department of Environmental Protection of a sublease of lands owned and administered by the Board of Trustees of the Internal Improvement Trust Fund to Southern Hy-Power Corporation.Petitioner failed to prove lease of land for hydroelectric power generation in Greenway Corridor was contrary to deed restrictions.

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.

Whether Robert Piechocki is entitled to a permit as governed by Section 403.087 F.S. and Chapter 62 F.A.C. (formerly Chapter 17 F.A.C.) to construct and operate a rotational grazing dairy, with an accompanying dairy waste management system.Reasonable assurances by experts with site specific information defeated anecdotal sinkholes on adjacent property for permitting dairy enterprise.

Whether Proposed Rule 40C-2.302, Florida Administrative Code, constitutes an invalid exercise of delegated authority. Whether a proposed amendment to Rule 40C-2.051(6), Florida Administrative Code, constitutes an invalid exercise of delegated authority.Petitioners failed to prove rules reserving water for fish and wildlife of Paynes Prairie and exempting from consumptive use permit are invalid.

On November 26, 1993, the Respondent caused a Notice of Intent to be published in the Florida Administrative Weekly announcing the Respondent's intent to adopt proposed Rule 40C-2.302, Florida Administrative Code, and to amend Rule 40C-2.052(6), Florida Administrative Code. On December 17, 1993, the Petitioners filed a Petition for Administrative Determination of Invalidity of Proposed Rules challenging the proposed rule and and the proposed amendment. The petition was assigned case number 93-7109.Rule "drawout" proceeding pursuant to Section 120.57(17).

This is a challenge to certain administrative rules adopted by the St. Johns River Water Management District relating to permitting criteria for isolated wetlands. Section 373.414, F.S. mandates that permitting criteria for isolated wetlands be adopted by water management districts, by rule, by March 31, 1987. The statute also includes four more specific requirements for those rules. Petitioners contend that St. Johns River Water Management District Rule Chapter 40C-4, F.A.C. and the Applicant's Handbook, Management and Storage of Surface Waters, adopted as a rule by reference, fail to comply with the statutory mandate and are an invalid exercise of delegated legislative authority by the District. Respondent, St. Johns River Water Management District, contends that its rules comply with Section 373.414, F.S.. St. Johns River Water Management District contests the standing of Petitioner, the Florida Wildlife Federation, Inc. Intervenors, E.I. Du Pont De Nemours and Company, Inc. and Associated Minerals (USA), Inc., support the District's position and contest the standing of both Petitioners.Rules related to isolated welands are invalid for failure to protect wetlands as intended by statute and for failure to consider cummulative impact

The issue in this case is whether the part of Department of Environmental Regulation Rule 17-103.170, Florida Administrative Code, which charges appellants $.50 per page for preparation and transmittal of records on appeal from final DER action, constitutes an invalid exercise of delegated legislative authority.DER rule for payment of fee for preparing record-on-appeal invalid to extent of conflict with court rulings on amount of fee; otherwise authorized.

Whether Agrico Chemical Company should be granted a permit to mine and reclaim 69.8 acres of jurisdictional wetlands in the upper Payne Creek watershed in Polk County, Florida, as applied for in Permit Application NO. 53-1120329.Permit granted to mine wetlands when applicant provided adequate assurances and mitigation by creating new wetlands is accepted.