STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACK K. STANSELL, )

)

Petitioner, )

)

vs. ) CASE NO. 80-2327

) STATE OF 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 27 March 1981 at Ocala, Florida.

APPEARANCES

For Petitioner: Jack K. Stansell, pro se

Route 1, Box 145A Oklawaha, Florida 32679

For Respondent: Richard P. Lee, Esquire and

Segundo J. Fernandez, Esquire State of Florida

Department of Environmental Regulation 2600 Blair Stone Road

Tallahassee, Florida 32301

By Petition for Hearing dated December 2, 1980 Jack K. Stansell contests the denial of his application for a permit to dredge a canal from his lot to Lake Bryant in Marion County, Florida. The application for a permit to dredge a dead-end canal 400 feet long by 12 feet wide to a depth of -3 feet with a 36 feet by 12 feet "T" at the landward end was denied in Respondent's letter dated November 19, 1980. Grounds alleged for denial are that the proposed project will degrade water quality standards in violation of Chapter 403, Florida Statutes, and that the dredging will interfere with the conservation of fish, aquatic life and wildlife to such an extent as to be contrary to the public interest in violation of Chapter 253, Florida Statutes.

At the commencement of the hearing the Respondent presented 13 exhibits for identification after which they were all admitted into evidence without objection.

Petitioner was then advised that he should present evidence to show why his application was wrongly denied by Respondent. Petitioner stated he had no evidence to present and further declined to take the stand to testify on the merits of his application.

Respondent then moved for an order recommending dismissal of the Petition. After explaining this motion to Petitioner, advising him that, at this posture of the proceedings, there was no basis upon which a ruling in favor of Petitioner could be made, and again offering Petitioner the opportunity to present evidence, which he declined, the motion was granted. It is therefore

RECOMMENDED that the Petition of Jack K. Stansell for a permit to dredge a canal 400 feet long and 12 feet wide and -3 feet deep from his lot to Lake Bryant be dismissed with prejudice.

Entered this 2nd day of April, 1981.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1981.

COPIES FURNISHED:

Jack K. Stansell Route 1, Box 145A

Oklawaha, Florida 32679

Richard P. Lee, Esquire Segundo J. Fernandez, Esquire Department of Environmental Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Docket for Case No: 80-002327

Orders for Case No: 80-002327