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SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY vs. BOARD OF TRUSTEES, 75-000452 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-000452 Visitors: 27
Judges: K. N. AYERS
Agency: Department of Environmental Protection
Latest Update: Apr. 13, 1977
Summary: Grant permit to Petitioners to dig trench for telephone and gas lines under the Miami River.
75-0452.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS



IN RE: APPLICATION OF SOUTHERN

BELL TELEPHONE AND TELEGRAPH

)

)

COMPANY to install telephone

)

lines under the Miami River

) CASE NO. 75-452

in the 1-95 right-of-way.

)

TIITF File No. 13-23-3280

)

)


) IN RE: APPLICATION OF FLORIDA )

GAS COMPANY to install an 8" )

gas main under the Miami River ) CASE NO. 75-453 in the 1-95 right-of-way. )

)

TIITF File No. 13-23-3287 )

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing on the above styled causes in Miami, Florida on June 30, 1975.


APPEARANCES


For Southern Bell Gene V. Coker, Esquire Telephone and 666 Northwest 79th Avenue Telegraph Co.: Miami, Florida 33126


For Florida Gas Norman E. Duke, Esquire Company: Post Office Box 44

Winter Park, Florida


For Trustees of the Internal Improvement

Trust Fund: Steve Barber


  1. By these applications, Southern Bell Telephone and Telegraph Company and Florida Gas Company seek permits so as to authorize the installation of telephone lines and a gas pipeline in the same trench across the Miami River. Since both applications involve identical issues they were joined at the hearing and one recommended order is submitted. The lines will cross the Miami River in the 1-95 right-of-way. It is proposed to dig a trench twelve feet wide and 25 feet below water line, about 220 feet across the river. The bottom of the channel at this particular point of the Miami River contains about 3 feet of silt, then coral rock. It is proposed to bury the conduit 4 feet below the top of the coral rock. During construction turbidity control will be maintained by the water screen method. Dredged material will be placed upon barges and stored on land in the right-of-way during construction, and upon completion of the installation fill will be replaced.

  2. The telephone company has a requirement to provide adequate telephone service to customers south of the Miami River. At the present time the capacity to provide additional service is very limited, and it is estimated that 13,000 additional pairs of lines will be required by 1976. The gas company has a similar requirement to provide gas service to customers south of the Miami River. At present they are serving more than 13,000 customers in this location with only one line. In the event of malfunction of that line, all customers' service to that area will be interrupted. It is proposed to install an 8" gas pipeline to provide a backup for existing service.


  3. By Exhibits 3 and 8 the Flood Control District has indicated no opposition to the granting of this application, and the Flood Control District has issued permit No. 6125 to the telephone company for this project. By Exhibits 9 and 10, the Game and Fresh Water Fish Commission indicated no opposition to the granting of this application. In the absence of protest, the evidence need not be further delineated except to say that both applications are required in the public interest and will not adversely affect the water quality of Biscayne Bay. It is therefore,


RECOMMENDED that the application of Southern Bell Telephone and Telegraph Company and Florida Gas Company approved so as to authorize the installation of telephone and gas lines in a trench to be dug across the Miami River under 1-95 in the existing right-of- way for 1-95 as proposed in the applications subject to the conditions established by the Department of Pollution Control.


DONE and ORDERED this 28th day of July, 1975, in Tallahassee, Florida.


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

(904) 488-9675


COPIES FURNISHED:


Gene V. Coker, Esquire 666 N. W. 79th Ave.

Miami, Florida 33126


Norman E. Duke, Esquire

P. O. Box 44

Winter Park, Florida


Steve Barber Brock Building

Tallahassee, Florida 32304


Docket for Case No: 75-000452
Issue Date Proceedings
Apr. 13, 1977 Final Order filed.
Jul. 28, 1975 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-000452
Issue Date Document Summary
Apr. 13, 1977 Agency Final Order
Jul. 28, 1975 Recommended Order Grant permit to Petitioners to dig trench for telephone and gas lines under the Miami River.
Source:  Florida - Division of Administrative Hearings

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