STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CONTEMPORARY LAND SALES, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 76-281

) Application No. 76-143

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on February 10, 1976, at the District Headquarters of the Southwest Florida Water Management District in Brooksville, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This cause arose upon the application for a permit by the landowner for a permit to fill lands situated on Lake Louisa.

APPEARANCES

For Petitioner: Mr. Wayne W. Weger, III

Contemporary Land Sales, Inc. 2910 Painted Oak Avenue Orlando, Florida 32808

For Respondent: Jay T. Ahern, Esquire

Staff Attorney

Southwest Florida Water Management District Post Office Box 457

Brooksville, Florida 33512

FINDINGS OF FACT

AND CONCLUSIONS OF LAW,

1. The subject property is situated on Lake Louisa, a part of the Oklawaha River designated by the Southwest Florida Water Management District as a work of the District. (See Rule 16J-1.03(2), F.A.C.) Oliver DeWitt, an engineer employed by the Southwest Florida Water Management District, identified an aerial photograph of the subject property which was received as Exhibit 1.

   
   

2. DeWitt stated that the fill would be placed below the mean annual floodplain of 97.5 feet above sea level and within the mean annual floodplain of the lake. Testimony was received regarding the manner of arriving at the mean annual floodplain. This is arrived at by computing the mean annual flood level of the lake by a statistical method utilizing the maximum annual flood stage for the past 16 years, but skewing said figures so that the "mean-annual flood" is actually the highest floodstage in every 2 1/3 years. This manner of arriving

   at mean annual flood constitutes a uniform method of computation which is an accepted standard for arriving at annual flood figures. The actual average of the annual floods of Lake Louisa for the 16 years period is 97.11 feet above sea level.

   
   

3. The survey attached to the application and the testimony indicated that a berm which was 97.23 feet above sea level existed between the lake and the portion of the property to be filled.

   
   

4. If the skewed mean annual flood is used, the fill would be within the floodplain because the berm would be under the water. While the method of arriving at the mean annual floodplain may be open to debate, there was no expert testimony presented at the hearing to refute the method utilized by the Southwest Florida Water Management District.

   
   

5. The mean annual flood stage for 16 years was 97.50 feet above sea level, or .27 feet above the berm. Therefore, the area sought to be filled does lie within the mean annual floodplain of Lake Louisa, or within a work of the District.

   
   

6. Rule 16J-1.06(4)(a), F.A.C., provides that an activity which would place fill within the mean annual floodplain of a lake will be denied, unless an exception is granted for good cause shown by the Board.

   
   

7. The Applicant showed no good cause why an exception should be granted.

RECOMMENDATION

The Hearing Officer having considered the law and the evidence recommends the application be denied.

DONE and ORDERED this 23rd day of February, 1976.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Counsel for Permittee

Mr.Wayne W. Weger, III Representing Applicant

Docket for Case No: 76-000281

Orders for Case No: 76-000281