STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLAYTON L. WOMER, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1408

)

CARL W. KIRBY c/o W. W. )

Christanson and FLORIDA ) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

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 case on October 27, 1977 at Punta Gorda, Florida.

APPEARANCES

For Petitioner: Clayton L. Womer, representing himself

Star Route number 1, Box 230

Lorida, Florida 33847

For Respondent: W. W. Christanson, representing himself Star Route number 1, Box 228

Lorida, Florida 33847

For Respondent: Carole Haughey, Esquire (Department) Assistant General Counsel

Department of Environmental Regulation 2562 Executive Center Circle, East Montgomery Building

Tallahassee, Florida 32301

By Petition received by Department of Environmental Regulation (DER) August 1, 1977, Clayton L. Womer protests DER's letter of intent to issue a permit to Carl W. Kirby, c/o W. W. Christanson, to erect a hyacinth fence at the entrance to Canal number 4 in Lake Istokpoga. As grounds for the protest petitioner objects to the lack of provisions for clearing hyacinths from the fence and the narrowing of the navigational channel leading into the canal caused by the fence. Christianson testified supporting his application, Womer testified opposing the application, and three witnesses were called by DER.

FINDINGS OF FACT

1. Petitioner proposes to erect a hyacinth fence at the entrance to Canal number 4 in Lake Istokpoga. The fence will consist of 4' x 4' posts six feet apart extending approximately 100 feet from each marsh bank of the canal toward

   Lake Istokpoga with an opening at the entrance of 12 to 14 feet to allow boat access. The fence will be attached to these 4' x 4' posts and extend about 2 feet below the surface of the water to prevent hyacinths from entering the canal and blocking navigation.

   
   

2. Three other canals leading into Lake Istokpoga have been equipped with hyacinth fences and to date no problems have occurred.

   
   

3. The fence does not extend to the bottom of the lake, is of a type approved by DER and will not materially effect the movement of water into and out of the canal.

   
   

4. There is less water turnover in the canals than in the lake. This results in the canals having less oxygen than the lake and therefore are in a more stressed condition. As a result, from an ecological point of view, it is preferred to keep the hyacinths in the lake as opposed to the canals. Hyacinths which die and sink to the bottom take from the water oxygen that is needed to sustain aquatic life.

   
   

5. From a navigational standpoint the 12 to 14 feet opening in the proposed fence is adequate for the boats that use the lake and canal.

   
   

6. Erection of the fence will have no adverse effect on the ecology or biological resources of the area, and will result in keeping out many hyacinths that otherwise would enter the canal.

   
   

   CONCLUSIONS OF LAW

   
   

7. Petitioner failed to present any evidence to show that the erection of the proposed fence will have an adverse effect on the biological resources or water quality of the area or create any significant impediment to navigation. Any ecological effect anticipated from the erection of this fence will be to improve the biological resources of the area. It is therefore,

RECOMMENDED that the application as amended of Respondent W. W. Christanson be approved and the petition in opposition thereto dismissed.

DONE and ENTERED this 3rd day of November, 1977, in Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Carole Haughey, Esquire Department of Environmental

Regulation

2562 Executive Center Circle, East Montgomery Building

Tallahassee, Florida 32301

Clayton L. Womer

Star Route, number 1, Box 230

Lorida, Florida 33847

W. W. Christianson

Star Route number 1, Box 228

Lorida, Florida 33847

Docket for Case No: 77-001408

Orders for Case No: 77-001408