STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: LAMONTE-SHIMBERG CORPORATION )

CONSUMPTIVE-USE PERMIT ) CASE NO. 75-251 APPLICATION ) APPLICATION NO. 7500014

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Bearings, on Monday, May 5, 1975, at 1:30 p.m. in the Board Room, District Headquarters, Southwest Florida Water Management District, U.S. 41 South, Brooksville, Hernando County, Florida.

APPEARANCES

Applicant: James A. Somrak, LaMonte-Shimberg Corporation Permittee: George Szell, Hydrologist, Permit Section

Hildred Haight, P.E.

J. T. Ahern, Esquire

Counsel for the Governing Board

Southwest Florida Water Management District

ISSUE

Whether a consumptive-use permit for quantities of water as applied for should be granted.

FINDINGS OF FACT

1. Applicant applied for a permit for public supply of water from a single well together with off-site, sewage treatment for an existing use in a housing development known as "Cherry Creek".

   
   

2. The well site i1is located in the Hillsborough River Basin on a 97.9 acre tract of land in Hillsborough County.

   
   

3. The application requests a consumptive-use permit authorizing the average daily withdrawal of water from a single well of up to a maximum of 99,400 gallons.

   
   

4. Notice was published in a newspaper of general circulation, to-wit: The Tampa Tribune on April 11, 18, 1975, pursuant to Florida Statutes, 373.146. Notices of said public hearing were sent by certified mail to LaMonte-Shimberg Corporation; Diaz, Seckinger and Associate, Inc.; and Mr. John Logan.

   
   

5. No letters of objection were received.

   
   

6. Newspaper affidavit was received in evidence together with copies of the application, receipts for certified mail and a map of the premises all marked "Exhibit 1".

7. A map depicting the location of the sewer plant and perculation pond was received in evidence and marked "Exhibit 2".

   
   

8. The witnesses were duly sworn and agreement reached on each point of applicant except Mr. Szell, hydrologist for the Governing Board, objected to the requested average daily withdrawal citing as 97,850 gallons per day, a figure the Board could recommend whereas the applicant requested 99,400 gallons per day.

   
   

9. Mr. Ahern enumerated the conditions for a consumptive-use permit as required by Chapter 16J-2.11, Rules of the Southwest Florida Water Management District, and witnesses for the Board replied in a manner receptive to granting the application, except as delineated in finding (8). No objections were registered by applicant.

   
   

10. The undersigned Hearing Officer requested and the witnesses for the parties agreed to a meeting to try to settle points in dispute and to furnish written results of such meeting to the Hearing Officer within ten (10) days.

    
    

11. The permit application was changed and the Governing Board agreed to such changes as shown by exhibit marked "Supplement 1". The applicant agreed to such changes as shown by exhibit marked "Supplement 2".

    
    

    CONCLUSIONS OF LAW

    
    

12. The parties have properly proceeded under Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto. The testimony heard and documentary evidence received permit the Governing Board of the Southwest Florida Water Management District to grant the application for a consumptive-use permit.

RECOMMENDED ORDER

Grant Application No. 7500014 for a consumptive-use permit for the quantities of water applied for with "on-site disposal". The continuation of the permit is contingent upon the agreement of applicant to install a flow meter of the propeller type on the subject well, to take monthly readings and to transmit said readings to the Southwest Florida Water Management District.

June 17, 1975 (date) DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

Mr. James A Somrak Assistant Vice President Metro Utilities, Inc.

5200 West Kennedy Boulevard Tampa, Florida 33606

Mr. James A. Mann, Director Resources Division Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

Docket for Case No: 75-000251

Orders for Case No: 75-000251