STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In re: )
Application of Arnold Oper ) to the State of Florida, )
Board of Trustees of the ) Case No. 75-034
Internal Improvement Trust ) IITF File No. 13-39-2038E Fund to install a mooring )
buoy in 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. Charles Schnepel testified regarding the application There were no protestants.
By this application, Arnold Oper, 5160 North Bay Road, Miami Beach, Florida, 33140, seeks authorization to install a mooring buoy some 400' seaward of his property line in Biscayne Bay. Mr. Charles Schnepel, Field Inspector for Trustees, Internal Improvement Trust Fund investigated the application. There were no protestants.
Mr. Oper proposes to install a red buoy connected to a 400 pound mushroom anchor to which to moor his boat during the hurricane season (August- November). There will be no construction work performed and the only affect upon Biscayne Bay will be that occasioned when the anchor is dropped.
In the absence of opposition it is sufficient to say that the installation of a mooring buoy in Biscayne Bay will not conflict with the intent of the Biscayne Bay Aquatic Preserve Act, Chapter 74-171 Laws of Florida, as expressed in Section 1 thereof "that Biscayne Bay be preserved in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations." It is therefore,
RECOMMENDED that the application of Arnold Oper, 5160 North Bay road Miami Beach, Florida 33140, be approved so as to authorize the installation of a mooring buoy approximately 400 feet seaward of his property line in Biscayne Bay.
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. Arnold Oper 5160 North Bay Road
Miami Beach, Florida 33140
| Issue Date | Proceedings |
|---|---|
| Mar. 24, 1975 | Recommended Order (hearing held February 19, 1975). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 13, 1977 | Agency Final Order | |
| Mar. 24, 1975 | Recommended Order | Allow Petitioner to install a mooring buoy in Biscayne Bay. |
LUTHER J. RUSSELL vs. DEPARTMENT OF NATURAL RESOURCES, 75-000034 (1975)
OCEAN REEF CLUB, INC. vs. BOARD OF TRUSTEES, 75-000034 (1975)
COSTA DEVELOPMENT CORPORATION vs. DEPARTMENT OF NATURAL RESOURCES, 75-000034 (1975)
HERNSTADT BROADCASTING CORPORATION vs. DEPARTMENT OF ENVIRONMENTAL REGULATION, 75-000034 (1975)
QUAYSIDE ASSOCIATES, LTD. vs. DEPARTMENT OF ENVIRONMENTAL REGULATION, 75-000034 (1975)
