STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM LEON SANDS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1133

)

1. C. PEAGLER and DEPARTMENT ) OF ENVIRONMENTAL REGULATION )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 a.m., on January 20, 1978, in the City Hall, City Courtroom, 525 Angela Street, Key West, Florida.

   
   

   Petitioner was represented by Robert T. Feldman, Esquire, 417 Eaton Street, Key West, Florida. Respondent, J. C. Peagler, was represented by Michael H. Cates, Esquire, 505 Whitehead Street, Key West, Florida, and Respondent, Department of Environmental Regulation, was represented by Silvia Morell Alderman, Esquire, Assistant General Counsel, Department of Environmental Regulation, 2600 Blair Stone Road, Tallahassee, Florida.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent, Peagler, applied for a permit from the Department of Environmental Regulation to install 21 pilings and repair approximately 120 feet of deteriorated seawall at its present location and to remove 7 existing mooring pilings. The 21 mooring piles would be placed in three rows at 40 foot centers, parallel to the existing shoreline and extending no more than 120 feet waterward.

      
      

   2. On May 24, 1977, the Department gave notice of its intent to issue a permit/certification pursuant to Chapters 403 and 253, Florida Statutes, and Section 401, Public Law 92-500.

      
      

   3. Petitioner, an adjacent property owner, then filed a petition for a Section 120.57, Florida Statutes, hearing. Petitioner's primary objections were that the project would substantially affect vessel ingress and egress on his property and interfere with navigation in the waters of Garrison Bight.

      
      

   4. Before the hearing commenced, Petitioner and Respondent, Peagler, reached a compromise. The Department had no objection to the terms, which have been incorporated into the Joint Settlement signed by all the parties and incorporated herein as Exhibit "A".

      CONCLUSIONS OF LAW

      
      

   5. All parties having reached a satisfactory resolution to Petitioner's objections, and there being no other issues, the permit should be granted in accordance with the configuration designated in Exhibit "A" pursuant to Chapters

403 and 253, Florida Statutes, and Section 401, Public Law 92-500. It is, therefore,

RECOMMENDED that Respondent Peagler's application be granted subject to the modifications designated in the Joint Stipulation attached as Exhibit "A".

DONE and ENTERED this 3rd day of April, 1978, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 77-001133

Orders for Case No: 77-001133