STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JUSTIN MORGAN, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1861

) SONDRA L. DISBROW and DEPARTMENT ) OF ENVIRONMENTAL REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on February 8, 1979, at 10:00 A.M. at the Marion County Courthouse, Commissioner's Meeting Room, Ocala, Florida.

APPEARANCES

For Petitioner: None

For Respondent: In proper person

For Respondent: Segundo J. Fernandez Department of Assistant General Counsel

Environmental Department of Environmental Regulation Regulation 2600 Blair Stone Road

Tallahassee, Florida 32301 RECOMMENDED ORDER

In June of 1978, the respondent Sondra L. Disbrow applied to the Department of Environmental Regulation for a permit to maintenance dredge 1,000 cubic yards of botton material from an existing 180 foot long by approximately 50 foot wide access channel to a depth of -4.3 feet ordinary high water with spoil to be placed on the owner's uplands. An appraisal of the permit application was performed by the Department of Environmental Regulation on August 2, 1978, resulting in a recommendation that the application be approved. By letter dated August 25, 1978, the respondent Department of Environmental Regulation gave to petitioner notice of its intent to issue the permit, determining that the applicant had provided reasonable assurance that water quality standards and aquatic resources would not be degraded.

By letter dated September 12, 1978, petitioner Justin Morgan requested a hearing on the issuance of the subject permit. The Division of Administrative Hearings was requested by the Department of Environmental Regulation to conduct all necessary proceedings by a notice received on October 3, 1978.

On January 11, 1979, a notice of hearing was mailed to all parties announcing the hearing date, time and place. Petitioner Justin Morgan made no appearance at the scheduled hearing.

Received into evidence on behalf of the respondents were the permit application, the permit application appraisal, the letter noticing the Department's intent to issue the permit, and two other documents illustrating the prior existence of the access channel. Based upon these documents, and there being no evidence to the contrary,

IT IS RECOMMENDED THAT the respondent's application for a permit to maintenance dredge an existing access channel to an existing boat ramp be immediately GRANTED.

Respectfully submitted and entered this 14th day of February, 1979, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Justin Morgan, Supervisor Silver Glen Springs

Highway 19 - Rt. 2, Box 3000 Ft. McCoy, Florida 32637

Sondra L. Disbrow Route 2, Box 2869

Ft. McCoy, Florida 32637

Segundo J. Fernandez Assistant General Counsel

Department of Environmental Regulation 2600 Blair Stone Road

Tallahassee, Florida 32301

Victoria J. Tschinkel Acting Secretary

Department of Environmental Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Docket for Case No: 78-001861

Orders for Case No: 78-001861