STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HARRY & VIVIAN STAHLER ) & DONALD & MARK STAHLER, )

)

Petitioners, )

)

vs. ) CASE NO. 88-4654

) JAMES H. WALKER and STATE OF ) FLORIDA, DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )

)

Respondent )

)

RECOMMENDED ORDER

Final hearing in this proceeding was conducted on October 27, 1988, in Melbourne, Florida, by Mary Clark, Hearing Officer.

The parties were represented as follows: For Petitioners: Donald Stahler

6190 North U.S. #1

Melbourne, Florida 32940

Mark Stahler

2828 Pennington Place

Melbourne, Florida 32940

For Respondent

Walker: James H. Walker, Jr.

6175 North Harbor City Boulevard Melbourne, Florida 32940

For Respondent

DER: Vivian Garfein, Esquire

Department of Environmental Regulation Twin Towers Office Building

2600 Blair Stone Road Tallahassee, Florida 32399-2400

BACKGROUND AND DISPOSITION

This proceeding resulted from Petitioners' opposition to a notice of permit no. 05-134042-4 issued by Department of Environmental Regulation to James Walker to install additional boat slips, dredge for the boat basin and construct a vertical seawall at his existing marina on the Indian River in Melbourne, Brevard County, Florida.

The Petitioners are contiguous property owners who are concerned that the increased boat traffic will accelerate erosion of their south property line

along the marina basin, and will degrade the water, damaging the fish and other aquatic life in the area.

After presentation of some testimony and evidence by the applicant and by Department of Environmental Regulation, and after the Stahlers briefly described their concerns and questioned the witnesses, the parties reached an agreement with regard to the grant of the permit.

It is agreed that the permit dated August 24, 1988, is in error, as it provides for an additional 64 boat slips when the applicant intends only that a total of 46 slips will be provided, for a net increase of 21 slips.

The proposed dredging and widening of the mouth of the basin will promote flushing and will enhance the water quality of the existing dead-end basin. At the same time, the proposed breakwater will control wave action, protecting the boats within the basin and the Stahler's shoreline. James Walker has agreed to increase the angle of the breakwater outward so that its angle, if extended, would intersect with the southeast corner of the Stahler's property (the corner at the basin and the river).

With the correction of the number of slips and with the modification to the breakwater, the Stahlers agree that the permit may be issued.

RECOMMENDATION

Based on the foregoing, it is hereby recommended that a final order be entered, granting permit #05-134042-4, with the following amendments:

1. Where the permit reads, "To install an additional 64 boat slips . . .", change to "To install an additional 21 boat slips, for a total of no more than

   46 boats . . ."

   
   

2. Add to the specific conditions attached to the permit, paragraph 7., to read: "The breakwater to be installed at the entrance of the northern basin will be angled outward along a line that, if extended, would intersect with the southeastern corner of the property on the north shore of the basin."

DONE and RECOMMENDED this 10th day of November, 1988, in Tallahassee, Florida.

MARY CLARK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 10th day of November, 1988.

COPIES FURNISHED:

James H. Walker, Jr.

6175 North Harbor City Blvd. Melbourne, Florida 32940

Harry and Vivian Stahler Donald and Mark Stahler 6190 North U.S. #1

Melbourne, Florida 32940

Vivian Garfein, Esquire Department of Environmental

Regulation

Twin Towers Office Bldg. 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Daniel H. Thompson, Esquire General Counsel

Department of Environmental Regulation

Twin Towers Office Bldg. Tallahassee, Florida 32399-2400

Dale Twachtmann Secretary

Department of Environmental Regulation

Twin Towers Office Bldg. 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Docket for Case No: 88-004654

Orders for Case No: 88-004654