STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HOWARD R. AND PEGGY H. RYBOLD, )

)

Petitioners, )

)

vs. ) CASE NO. 81-006

) ANDRE ROBERGE and DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )

)

Respondents. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at Orlando, Florida, on March 25, 1981, before the undersigned Hearing Officer.

APPEARANCES

For Petitioners: None

For Respondent

Andre Roberge: Appeared in own behalf.

For Respondent Segundo Fernandez, Esquire

Department of Department of Environmental Regulation Environmental 2600 Blair Stone Road

Regulation: Tallahassee, Florida 32301

ISSUE PRESENTED

Whether the application of Andre Roberge for a permit to construct a ski slalom course at Lake Louise, Orange County, Florida should be approved, pursuant to Chapter 403, F.S. and PL 92-500.

Immediately prior to the commencement of the hearing, Petitioners' counsel, Curtis B. Goff, Esquire, informed counsel for Respondent Department of Environmental Regulation that Petitioners had not requested a hearing in this matter, but merely had filed a petition protesting approval of the requested permit, and therefore neither Petitioners nor himself would appear at the hearing. Inasmuch as referral of the petition herein called for the conduct of all necessary proceedings required under Chapter 120 and to submit a recommended order to the agency, it was determined that the matter should be conducted as an uncontested proceeding. Testimony was received from Respondent Andre Roberge and from a representative of Respondent Department of Environmental Regulation, and five exhibits were entered into evidence.

FINDINGS OF FACT

1. Respondent Andre Roberge filed application with the Department of Environmental Regulation (DER), dated September 26, 1980, for a permit to

   install a slalom course and jump ramp in Lake Louise, Orange County, Florida, according to an accompanying plan. Although the application reflected that Roberge was not then the record owner of the property in question, he became the owner in November 1980 of 58.8 acres adjacent to and including a certain portion of Lake Louise. The applicant proposes the construction of a ski slalom course and jump ramp on the lake which would consist of a total of 22 buoys over an area measuring 850 feet by 75 feet. The jump ramp is to measure 24 feet by 14 feet with one end extending 6 feet above the water and to be anchored by 4 concrete filled drums. (Testimony of Roberge, Exhibit 1)

   
   

2. The applicant was issued a county permit for the project on November 19, 1980. Conditions to the permit were that the ski course and jump should be located so that a minimum of 10 feet of water depth is maintained, that all anchors shall he located on the applicants property, and that the items be removed when no longer used by the applicant. As a result of the permit condition, the applicant relocated the course slightly to ensure that a 10 foot water depth could be maintained. (Testimony of Roberge, Exhibits 4-5)

   
   

3. A DER biologist inspected the site location and rendered a permit application appraisal wherein he found that the project could be expected to have no significant impact on Lake Louise, but that high speed watercraft would have to be monitored by the applicant to ensure that wake activity does not disrupt or erode nearby shore areas. Thereafter, by letter of December 5, 1980, DER issued a Notice of Intent to issue the permit pursuant to Chapter 403, F.S., and PL 92-500 for the reason that the applicant had provided reasonable assurance that water quality standards would not be degraded. (Testimony of Morgan, Exhibits 2-3)

   
   

4. The two other land owners owning land in and adjacent to Lake Louise, Dr. William Dill, and Petitioners, were advised of the intended departmental action. Petitioners thereupon filed their "Petition" urging that the permit be denied for the reason that Respondent Roberge was not the owner of the property in question but only had a contract to purchase the same, and that the parcel in question did not include the necessary dimensions where water depth exceeds 10 feet. Further, the petition asserted that the lake has a muck bottom and shoreline which can be easily disturbed by high speed aircraft which would cause muddy water and erosion of shore areas. (Petition)

   
   

5. Respondent Roberge intends to install the ski jumps to be used for his children to practice competitive water skiing. The course will be used only by his family and there will be no commercial use of the facilities. Lake Louise is approximately one-half mile long and 1,000 feet wide. The lake is presently used by motor boats of members of the public who have gained access thereto through the property owned by Mr. Dill. Although high speed motorcraft can cause turbulence in shallow waters, at depths of ten feet or more stirring of sediment is eliminated. (Testimony of Roberge, Morgan)

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 403.087(1), F.S., provides that no stationary installation which will reasonably be expected to be a source of air or water pollution shall be constructed or operated without an appropriate permit issued by the department. Rule 17-4.28, F.A.C., provides that filling activities to be conducted in natural lakes such as the one in question require a permit from the DER. The applicant for such a permit must affirmatively provide reasonable assurance to the department that the short-term and long-term effects of the

   activity will not result in violation of the water quality criteria, standards, requirements and provisions of Chapter 17-3, Florida Administrative Code.

   
   

7. The evidence establishes that Respondent Roberge has provided such reasonable assurances to the department and that therefore the permit should be issued with the condition that the proposed slalom course and ski jump be constructed in waters no loss than ten feet in depth.

RECOMMENDATION

That the application be approved and a permit issued, subject to the condition that the ski slalom course and jump ramp be placed in waters no less than 10 feet in depth. DONE and ENTERED this 2nd day of April, 1981, in Tallahassee, Florida.

THOMAS C. OLDHAM

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 6th day of April, 1981.

COPIES FURNISHED:

Segundo Fernandez, Esquire Department of Environmental

Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Andre Roberge

Post Office Box 13334-A Orlando, Florida 32859

Info copy to: Howard R. and Peggy Rybold

939 North Shime Avenue Orlando, Florida

Docket for Case No: 81-000006

Orders for Case No: 81-000006