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DADE COUNTY PUBLIC WORKS DEPARTMENT vs. BOARD OF TRUSTEES, 75-000032 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-000032 Visitors: 14
Judges: K. N. AYERS
Agency: Department of Environmental Protection
Latest Update: Mar. 24, 1975
Summary: Approve maintenance dredging in the Biscayne Bay aquatic preserve as allowed by the act.
75-0032.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


In re: )

Application of Dade County ) public Works Department to the ) Board of Trustees of the )

Internal Improvement Trust Fund ) CASE NO. 75-032

to perform maintenance dredging ) IITF File No. 13-25-3080E in channel leading to Crandon )

Park Marina, Biscayne Bay. )

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Examiner, K. N. Ayers, held a public hearing on the above matter February 19, 1975, Miami, Florida.


APPEARANCES


Mr. Fred Beauregard testified in behalf of the applicant. There were no protestants.

By this application, Dade County, through its Public Works Department, seeks authorization from State of Florida, Board of Trustees of the Internal Improvement Trust Fund to perform maintenance dredging of the Crandon Park Marina Channel at Key Biscayne, Florida and the installation of four (4) concrete pile channel aids to navigation.


Mr. Fred Beauregard of the Dade County Recreation Department testified in support of the application. The channel leading into the Crandon Park Marina at Key Biscayne has shoaled near the northern end of Key Biscayne and maintenance dredging is required to restore the channel to its authorized dimensions. The dredging will be performed using either clam shell on a barge with the dredged material placed upon another barge or by use of a suction dredge. In any event no degradation of the water quality of Biscayne Bay will result. The channel markers to be installed are replacement markers and are needed to mark the channel leading into the Crandall Park Marina.

This application is governed by the provision of Section 3(2)(c) of Chapter 74-171, Laws of Florida, which provides that such dredging as is herein involved may only be authorized upon a specific finding by the Trustees of the Internal Improvement Trust Fund that there is assurance such work will be accomplished in a manner that will not adversely affect the water quality of Biscayne Bay. Performing the project in the manner proposed will fulfill this requirement. It is therefore,


RECOMMENDED that the application of the Dade County Public Works Department be approved so as to authorize maintenance dredging of the Crandall Park Marina channel and the installation of four (4) concrete pile aids to navigation markers, with all dredging to be performed as described in the second paragraph above.


DONE and ORDERED this 24th day of March, 1975.



K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675


COPIES FURNISHED:


Board of Trustees of the Internal Improvement Trust Fund

State of Florida Elliott Building Tallahassee, Florida


Mr. Fred Beauregard

Dade Public Works Department 1351 N.W. 12th Street

Miami, Florida 33125


Docket for Case No: 75-000032

Orders for Case No: 75-000032
Issue Date Document Summary
Apr. 13, 1977 Agency Final Order
Mar. 24, 1975 Recommended Order Approve maintenance dredging in the Biscayne Bay aquatic preserve as allowed by the act.
Source:  Florida - Division of Administrative Hearings

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