STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: CAROL A. RANALLO ) CASE NO. 75-1072 CONSUMPTIVE-USE PERMIT APPLICATION ) APPLICATION NO. 7500043

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RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 3, 1975, at Brooksville, Florida in the Board Room, District Headquarters, Southwest Florida Water Management District, U.S. 41 South, Hernando County.

APPEARANCES

For Applicant: James Hudson

Delta Engineering Company

For Permittee: J. T. Ahern, Staff Attorney Witness: George Szell, Hydrologist

Permit Section

ISSUE

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

FINDINGS OF FACT

1. Application No. 7500043 requested water from one (1) well.

   
   

2. The center of withdrawal will be located at Latitude 27 degrees 40' 38" North, Longitude 82 degrees 29' 31" West in Hillsborough County. Said withdrawal is for disposal off-site. This application is for an existing use.

   
   

3. Notice was published in a newspaper of general circulation, to-wit: The Tampa Tribune on May 14 and May 21, 1975 pursuant to Section 373.146, Florida Statutes. Notices of said public hearing were duly sent by certified mail as required by law.

   
   

4. The application, map of the premises, legal description, receipts of certified mail, copy of the Notice, and affidavit of publication were received without objection and entered into evidence as Exhibit 1.

   
   

5. No letters of objection were received.

   
   

6. The witness for Permittee was duly sworn and agreement was reached on each point enumerated as required by Rule 16J-2.11, Rules of the Southwest Florida Water Management District and Chapter 373, Florida Statutes with the exception as enumerated in No. 7.

7. Upon request of the Hearing Officer a Joint Stipulation was filed in which it was agreed that the following conditions to the permit should be attached:

   
   

   "1. That applicant, Carol A. Ranallo, construct two observation wells on the south side of the pit mutually agreeable locations by inserting six (6) inch casings and screens to the depth of at least fifty (50) feet. The casings to be grouted in the bore hole from the bottom of the casing to the top of the ground level. The sites of the observation wells shall be selected by James Hudson of Delta Engineering Company and G. P. Szell within 15 days after issuance of the Consumptive Use Permit.

   
   

   2. That the applicant or its agents or employees submit monthly readings to the staff of the Southwest Florida Water Management District of the chloride content of the water being withdrawn from the two wells and the level of the water table as read and determined under static conditions."

   
   

   CONCLUSIONS OF LAW

   
   

8. 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 as requested but amended by the Joint Stipulation.

RECOMMENDED ORDER

Grant Application No. 7500043 for a consumptive-use permit for the quantities of water applied for with the conditions attached as agreed to in the Joint Stipulation.

August 15th, 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 for the Board

George Szell Hydrologist Permit Section

James Hudson

Delta Engineering Company

Carol A. Ranallo Applicant

Docket for Case No: 75-001072

Orders for Case No: 75-001072