Putnam FL Lawyers | Thomas Ira Mayton, Jr. -- eLawyers

01-000583RP THE SIERRA CLUB vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2001)

Division of Administrative Hearings, Florida Filed: Feb. 09, 2001

Rule which tracked enabling statute did not enlarge, modify, or contravene statute.

99-004418 PETER BROOM AND JEREMY R. GEFFEN vs TOWN OF INDIAN RIVER SHORES AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1999)

Division of Administrative Hearings, Florida Filed: Oct. 19, 1999

Whether the Notice to Proceed with the work and activities authorized by Amended Permit IR-507 should be issued.Petition banned by collateral estoppel.

99-000501 FRED BRAID AND JULIE BRAID vs JAMES ROSASCO, CAROL ROSASCO, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1999)

Division of Administrative Hearings, Florida Filed: Feb. 02, 1999

The issue for disposition in this case is whether the Respondents, James and Carol Rosasco, qualify for a Noticed General Permit pursuant to Rule 62-341.427, Florida Administrative Code, and a Consent to Use pursuant to Rule 18-21.005, Florida Administrative Code, for a single-family dock, on the Indian River in Brevard County, Florida.Applicants met conditions for Noticed General Permit and Consent of Use for single-family dock in spite of riparian boundary dispute which must be resolved in local circuit court and cannot be resolved by the Department or Administrative Law Judge.

97-003116 THOMAS R. SWEENEY vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Jul. 09, 1997

The issue is whether Petitioner's after-the-fact modification application for construction activities seaward of the coastal construction control line in New Smyrna Beach, Florida, should be approved.Where construction did not minimize potential for wind and water missiles, application for coastal construction control line permit denied.

96-000736 JAMES CASTORO AND WINIFRED CASTORO; JELKS H. CABANISS, JR.; ANNE CABANISS; STANLEY GOLDMAN AND GLORIA GOLDMAN; FRANKLIN H. PFEIFFENBERGER; AND KATY STENHOUSE vs ROY PALMER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Feb. 08, 1996

The issues in these cases are whether the Respondent, Roy Palmer, is entitled to a Noticed General Environmental Resource Permit, under Florida Administrative Code Chapter 62-341, and a Consent of Use under Florida Administrative Code Chapter 18-21.Proposed dock in OFW met requirements for noticed general ERP and consent of use. Standard permitting requirements didn't apply to noticed general ERP. Applicant had riparian rights for consent of use.

97-000342 KELLY CADILLAC, INC., AND HUDSON CONSTRUCTION COMPANY vs RESORT HOSPITALITY ENTERPRISES, LTD., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Jan. 22, 1997

The issues to be resolved in this proceeding concern whether the Department of Environmental Protection (DEP) has jurisdiction over the activities encompassed by Permit Application BA-475 (Amended) and, if so, whether issuance of the permit complies with the applicable provisions of Section 161.053, Florida Statutes, and Chapter 62B-33, Florida Administrative Code.Preponderance of evidence justified granting of coastal construction control line permit. Building on pilings, deck and pool of frangible construction, with dune rejuvenation, showed no adverse impact to dune system.

97-000994 WILLIAM CROUTHERS AND JILL CROUTHERS vs J. B.`S FISH CAMP (JOHN BOLLMAN) AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Mar. 07, 1997

The issue in these cases is whether the Department of Environmental Protection should grant an environmental resourced permit and a variance from the provisions of Rule 40C-4.032(c), Florida Administrative Code, for a project proposed by J.B.'s Fish Camp.Petitioners failed to prove permit and variance for 16-slip dock should not be granted.

97-004943 PATRICIA MORELAND vs CITY OF GULF BREEZE AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Oct. 21, 1997

The issue is whether Respondent Department of Environmental Protection properly determined that Respondent City of Gulf Breeze was entitled to construct a concrete jetty at the mouth of Gilmore Bayou, to widen the mouth of the bayou an additional 35 feet, and to dredge sections of the bayou to a depth of minus eight feet.City of Gulf Breeze entitled to construct a concrete jetty at mouth of bayou, to widen the bayou's mouth, and to dredge bayou to a depth of minus eight feet.

97-002152 RADFORD STEDHAM AND LAURIE STEDHAM vs HARRY CHRISTNER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: May 08, 1997

The issues in this case are whether the replacement of a dock by Respondent Christner in February 1993, is exempt from the requirement for a permit pursuant to Section 403.813(2)(d), Florida Statutes (1995) 1/ and Florida Administrative Code Rules 40C-4.051(11)(i) and 62-312.050(1)(i) 2/ and, if not, whether: Petitioners waived their right to request an administrative hearing pursuant to Rules 62-103.155(3)(b); Petitioner's have legal standing to challenge the agency action proposing the exemption; and the agency is estopped from reopening its prior determination.Replacement dock exempt from permit when original dock was rendered non-functional by discrete event.

97-000294 PETER BROOM, JEREMY R. GEFFEN, AND DUANE JACKSON vs TOWN OF INDIAN RIVER SHORES AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Jan. 15, 1997

The issue for determination is whether the Town of Indian River Shores is entitled to a coastal construction control line permit to construct a beach access seaward of the coastal construction control line in Indian River Shores, Florida.The applicant met all statutory and rule requirements for the coastal construction control line (CCCL) permit. Recommend the CCCL permit be granted.

Thomas Ira Mayton, Jr.