STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: TRAFALGAR DEVELOPERS OF ) FLORIDA, INC., CONSUMPTIVE USE PERMIT )

APPLICATION, NO. 7500087, SOUTHWEST ) CASE NO. 75-1299 FLORIDA WATER MANAGEMENT DISTRICT, )

)

RECOMMENDED ORDER

After due notice, an administrative hearing was held on July 29, 1975, before Stephen F. Dean, Hearing Officer, Division of Administrative Hearings, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

J. T. Ahern, Esquire, Southwest Florida Water Management District

Mr. Earl Bessent, Trafalgar Developers of Florida, Inc.

FINDINGS OF FACT

1. Mr. George Szell was presented by the Southwest Florida Water Management District and sworn as a witness. Mr. Szell was qualified and accepted as an expert hydrogeologist employed by the District. Included within Mr. Szell's responsibilities to the District were evaluation of the subject application. An application for consumptive use permit has been filed in proper from by Trafalgar Developers of Florida, Inc., and it was admitted into evidence as Exhibit 1. The water source are two existing wells located on a 580.1 acre tract of land in Hillsborough County, Florida, legal description of which is included and admitted into evidence as part of Exhibit 1. A maximum daily withdrawal of each of the wells is 591,700 gallons and the average daily withdrawal of each of the two wells is 295,850 gallons. The total average daily withdrawal for both wells combined is 591,700 gallons, or 94.43 percent of the water crop of the applicant as defined in Section 16J-2.11(3), F.A.C. 85 percent of the water used would be used for general residential purposes and 15 percent of the water used would be used for watering the grounds of the development. Letters of objection were received from Joseph and Roseamn Clements, C. C. and Ida M. Weisner, Sr.,. Miguel and Juanita Perez, Howard R. Lewis, Mr. and Mrs. Lonnie F. Lovell, Stephen J. KucIar (sic), and Carmen Vasquez. Reasons for the objections as stated in these letters was the effect the pending application would have upon the wells of the persons objecting. Mr. Szell testified that none of the matter set forth in Subsection 16J-2.11(2), (3) and (4), F.A.C. exists so as to require the denial of the permit.

   
   

2. Mr. Earl Bessent testified that 55 acres of holding ponds were to be constructed on the property during the development and that the effect of these holding ponds would be to increase the input of waters from the 580 acres to the surface aquifer.

   CONCLUSIONS OF LAW

   
   

3. The procedural requirements of Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto, have been complied with as they pertain to this application. The statutory requirements for the issuance of a consumptive use permit have been met.

RECOMMENDATION

It is recommended that Application No. 7500087, submitted by Trafalgar Developers of Florida, Inc., 111 Fountainbleau Boulevard, Miami, Florida, be granted for a maximum daily withdrawal of 1,183,400 gallons and an average daily withdrawal of 591,700 gallons, subject to the installation of flow meters on each of the wells and monthly readings thereof reported to the District quarterly.

Entered this 4th day of August, 1975, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

J. T. Ahern, Esquire C. C. and Ida Weismer, Sr.

Staff Attorney Route 7, Box 635-J

Southwest Florida Water Tampa, Florida 33614 Management District

Post Office Box 457 Miguel and Juanita Perez Brooksville, Florida 33501 Route 7, Box 635-K

Tampa, Florida 33614

Trafalgar Developers

of Florida, Inc. Mr. and Mrs. Lonnie Lovell

111 Fountainbleau Boulevard Route 5, Box 485-A Miami, Florida 33126 Tampa, Florida 33614

Howard R. Lewis Carmen Vasquez

Route 5, box 485-AB Route 7, Box 635

Tampa, Florida 33614 Tampa, Florida 33615

Mr. Earl Bessent

Bessent, Hammack & Ruckman, Inc. 3708 Swann Avenue

Tampa, Florida 33609

Joseph and Roseann Clememts Route 7, Box 634-J

Tampa, Florida 33614

Docket for Case No: 75-001299

Orders for Case No: 75-001299