STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Application of Mashta ) Point Properties, Inc. for a ) permit so as to authorize the )

relocation and new construction ) CASE NO. 75-1757 of a seawall along the mean high )

water line at Mashta Point on ) Mashta Island near Key Biscayne. )

)

TIITF File No. 13-39-2569 )

)

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: Clyde Taylor

320 Barnett Bank Building Tallahassee, Florida

For the DER: James R. Brindell, General Counsel

2562 Executive Center Circle East Montgomery Building

Tallahassee, Florida 32301

By this application Mashta Point Properties, Inc. seeks a permit so as to authorize the relocation, repair and new construction of a seawall along the mean high water line of its property at Mashta Point on Mashta Island.

At the hearing the parties stipulated that the entire application would be considered in two parts, with part A only being considered at this hearing. Part A consists of repairing an existing seawall and constructing a new seawall in the vicinity of an old boat basin which is to be filled in. The area to be considered is that outlined in red on Exhibit 2, and is called the "A" portion of this application. The "B" portion of the application involves that portion of the seawall entitled "New

Seawall Construction" on Exhibit 2. The parties stipulated that the "B" portion of the application will be the subject of a subsequent hearing and considered at the same time the application involving the property immediately East of Mashta Point is considered. This property is shaded on Exhibit 2 and entitled Portion Tract "F". Inasmuch as both applications involve the construction of seawalls it is necessary that they join at a point that would not create a cul-de-sac or catch area for debris.

However, it was further agreed that in the event the application involving the tract to the east is delayed more than six months, then the hearing involving "B" portion herein will be heard regardless of the status of the application involving the property to the east.

That portion of seawall to be repaired requires repairs at the earliest possible time. All work will be done in accordance with the requirements of the various agencies and the seawall will be of rip-rap construction. The area of new seawall included in "A" will close off an old boat basin and will be constructed in a manner similar to the repair job and thereafter some 28,000 cubic yards of fill will be placed behind the seawall to fill the presently unused boat basin. All fill will be brought from uplands. The existing boat basin is a dredged pond which is presently in a deteriorating condition since it is unable to be flushed by the tides.

During construction of the seawall, turbidity controls will be used to preclude any deterioration of the water quality of Biscayne Bay. No witnesses opposed the "A" portion of the application. In the absence of protest, the evidence need not be further delineated except to say that the project is required and will not adversely affect the water quality of Biscayne Bay. It is, therefore,

RECOMMENDED that the application of Mashta Point Properties, Inc. be approved so as to authorize the repair and new construction of a bulkhead in the area outlined in red on Exhibit 2.

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: 75-001757

Orders for Case No: 75-001757