STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: EAST COUNTY WATER CONTROL) DISTRICT and SOUTH FLORIDA WATER )

MANAGEMENT DISTRICT ) CASE NO. 78-1705

Application No. 09167-C )

)

RECOMMENDED ORDER

1. The applicant, EAST COUNTY WATER CONTROL DISTRICT, has filed an application for conceptual approval and construction and operation permits for a surface water management system, pursuant to Chapter 373, Part IV, Florida Statutes.

   
   

2. The District is located in Lee and Hendry Counties in Township 43 South, Ranges 26, 27, and 28 East; Township 44 South, Range 26, 27, and 28 East; and Township 45 South, Ranges 26 and 27.

   
   

3. On August 24, 1978, the staff of the South Florida Water Management District issued a staff report to the Governing Board of the South Florida Water Management District recommending that conceptual approval be granted and a permit be issued for the surface water management system according to conditions described in the staff report. A technical addendum to the staff report was issued by South Florida staff on September 5, 1978.

   
   

4. Several property owners proximate to the District formally objected to the staff report and the recommended action; and on September 14, 1978, the Governing Board of the South Florida Water Management District assigned the application to the Division of Administrative Hearings. The Division of Administrative Hearings Case No. is 78-1705.

   
   

5. Following a hearing held on February 1 and 2, 1979, in Ft. Myers, Florida, and several subsequent conferences among the parties to this action, the parties on March 26, 1979 jointly stipulated and agreed to a Joint Motion for Entry of Recommended Order, attached as Exhibit 1.

   
   

6. The Stipulation and Joint Motion for Entry of Recommended Order was signed by all parties present or represented at the hearing reconvened on March 26, 1979. The Stipulation and Motion incorporates an amicable settlement to this proceeding and moves the Hearing Officer to enter a recommended order adopting and approving the conclusions and recommendations set forth in the South Florida Water Management District staff report, as amended September 5, 1978, except where inconsistent with modifications to the application and plan of surface water management referenced in the Stipulation. Modifications to the plan incorporated in the Stipulation constitute amendments to the original application and as per the agreement of the parties, are incorporated in the application.

   
   

7. Consistent with the staff report, as modified by the Joint Stipulation, issuance of the permit will not be harmful to the water resources of the South Florida Water Management District.

8. Consistent with the staff report, as modified by the Joint Stipulation, issuance of the permit will not interfere with the legal rights of others.

   
   

9. Consistent with the application, as modified by the Joint Stipulation, issuance of the permit is not against public policy.

   
   

10. The proposed work is compatible with applicable zoning for the area.

    
    

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding.

    
    

12. The application, as modified by the staff report and the Joint Stipulation, complies with Chapter 373, Part IV, Florida Statutes, and Rules 16K-4.03 and 16K-4.30, Florida Administrative Code.

    
    

13. The parties' Stipulation and Joint Motion for Entry of Recommended Order is granted.

Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Governing Board of the South Florida Water Management District issue an order granting the applicant a permit consistent with the staff report, as modified by the parties' Joint Stipulation.

DONE and ORDERED this 10th day of April, 1979, in Tallahassee, Leon County, Florida.

G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of April, 1979.

COPIES FURNISHED:

Robert M. Rhodes, Esquire

P.O. Box 1876 Tallahassee, FL 32302

Guy S. Emerich, Esquire

P.O. Drawer 1447 Punta Gorda, FL 33950

John H. Wheeler, Esquire

P.O. Box V

West Palm Beach, FL 33402

Beverly E. Myers, Esquire Assistant Lee County Attorney

P.O. Box 398

Ft. Myers, FL 33902

L.M. Blain, Esquire

P.O. Box 399 Tampa, FL 33601

Fred D. Bartleson, Jr. Rt. 14, Box 425

Ft. Myers, FL 33904

Charles E. Foster, President

Audubon Society of Southwest Florida Rt. 4, Box 413

Ft. Myers, FL 33904

Mr. Charles Lee Vice President

Florida Aubudon Society

P.O. Drawer 7 Maitland, FL 32751

Mr. Charles A. Ball Rt. 1, Box 486

Ft. Myers, FL 33904

Nathaniel H. Hunter, Jr. Rt. 17, Box 260

Ft. Myers, FL 33904

Marvin M. Smith, II

P.O. Box 051033 Tice, FL 33904

Mrs. Florice Love Rt. 14, Box 349A

Ft. Myers, FL 33904

Mr. Joseph S. Cude

and Mr. Sherman Hodges Buckingham-Orange River

Civic Association

P.O. Box 05443 Tice, FL 33904

James D. English, Jr. Rt. 4, Box 510

Ft. Myers, FL 33920

Mr. David L. Girardin

P.O. Box 392

East Palatka, FL 32031

Docket for Case No: 78-001705

Orders for Case No: 78-001705