STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Application of Costa ) Development Corporation for ) authorization to install a storm )

sewer outfall through existing ) CASE NO. 75-1712 corrugated bulkhead into Biscayne )

Bay )

) TIITF File No. 13-39-0220-6E )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on October 17, 1975, in Miami, Florida.

APPEARANCES

For Applicant: Michael H. Male

Male & Bloom

1401 Brickell Avenue Miami, Florida

For DER: James R. Brindell, General Counsel

Department of Environmental Regulation 2562 Executive Center Circle East Montgomery Building

Tallahassee, Florida 32301

1. By this application Costa Development Corporation in conjunction with the City of Miami, seeks a permit so as to authorize the installation of a 38" x 60" H.E.P. storm sewer outfall through existing corrugated bulkhead adjacent to the Costa Bella Development located at the confluence of Southeast 15th Road and South Bayshore Drive.

   
   

2. The project is designed to drain approximately 12 acres in the vicinity of Costa Bella Development, including a portion of North Bayshore Drive. The outfall is located approximately 300' north of Southeast 15th Road, within the right-of-way of South

   Bayshore Drive. The outfall will replace a 12" outfall and correct the drainage problems that presently exist.

   
   

3. An oil skimmer will be provided and constructed on the Costa Bella Development. In addition thereto there will be several basins and sumps to collect sediment, as well as screens to keep out floating debris. The outfall will be maintained by the City of Miami, and the combination of sumps, oil skimmers, and screening will inhibit harmful matter entering Biscayne Bay.

   
   

4. The project has been inspected and evaluated by an environmental specialist of the Department of Environmental Regulations and no opposition has been entered to this application. In the absence of protest it is sufficient to say that the proposed project is necessary and will not adversely affect the water quality of Biscayne Bay.

   
   

   CONCLUSIONS OF LAW

   
   

5. This application appears to be governed by 258.165(5) Florida Statutes, which provides in pertinent part:

   
   

   "RIPARIAN RIGHTS - Neither the establishment nor the management of the Biscayne Bay Aquatic Preserve shall operate to infringe upon the riparian rights of upland property owners adjacent to, or within the preserve.

   Reasonable improvement for ingress and egress, mosquito control, shore protection, public utility expansion, and similar purposes may be permitted by the Board of Trustees or Department of Pollution Control, subject to the provisions of any other applicable laws under the jurisdiction of other agencies."

   
   

   Inasmuch as the proposed project will be in compliance with the regulations of other agencies involved, and is necessary for the health and well being of those persons living in the area to be drained, granting of the application will not be contrary to the provisions of the Biscayne Bay Aquatic Preserve Act.

   
   

6. From the foregoing it is concluded that the project is required in the public interest, and the granting of the permit will not adversely affect the water quality of Biscayne Bay. It is, therefore,

RECOMMENDED that the application of Costa Development Corp. for a permit to install a storm sewer out fall through existing bulkhead at South Bayshore Drive near Southeast 15th Road be granted.

ENTERED this 22nd day of October, 1975, in Tallahassee, Florida.

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

(904) 488-9675

Docket for Case No: 75-001712

Orders for Case No: 75-001712