| [- 13-O2 Respondents. Gy STATE OF FLORIDA 19 DEPARTMENT OF ENVIRONMENTAL PROTECTION FEC 29 4 Diy & 5 T A Ohi 1h ISicay ‘a PHILLIP BUCHNER, STAN KRUPSKI, ) A Hee ST RAS and JACK K, AUSTIN, ) RINGS ) Petitioners, ) OGC CASE Nos. 02-0859 ) 02-0885 vs. ) ) DOAHCASE Nos. 02-2940 MARK GRONLUND and DEPARTMENT OF ) 02-2941 ENVIRONMENTAL PROTECTION, ) TUI-CLos / FINAL ORDER On November 13, 2002, an Administrative Law Judge with the Division of Administrative Hearings (“DOAH”) submitted his Recommended Order to the Department of Environmental Protection (“DEP”) in these proceedings. Copies of the Recommended Order were served on the pro se Petitioners, Phillip Buchner, Stan Krupski, and Jack Austin (“Petitioners”), and the pro se Respondent, Mark Gronlund ("Groniund’). A copy of the Recommended Order is attached as Exhibit A. The matter is now before the Secretary of DEP for final agency action. BACKGROUND Gronlund owns real property in Lake County, Florida. Gronlund’s property includes a residence at the southeast corner of Lake Blanchester (the “Lake”). The Lake bottom is not sovereign submerged lands owned by the State of Florida. Rather, the Lake bottom is apparently owned by Gronlund and other adjoining and nearby property owners, including the Co-petitioner, Jack Austin. The Lake is a small, Class III waterbody, and it is not classified as an Outstanding Florida Water. In June of 2000, DEP issued Gronlund a Standard General Environmental Resource Permit to construct a private, single-family dock, a boat ramp, and skiing facilities on the shore of and in the waters of the Lake (“Original Permit’). In April of 2002, Gronlund filed an application with DEP to modify the Original Permit (‘Permit Modification”). Gronlund’s proposed Permit Modification would increase the size of the existing ski jump course, combine it with a new slalom course, and add gate alignment buoys to the existing slalom course. In June of 2002, DEP’s Central District Office executed a notice of intent to issue the requested Permit Modification to Gronlund. However, timely petitions were filed by the Petitioners contesting the proposed Permit Modification and requesting formal administrative hearings.’ The petitions were subsequently forwarded to DOAH and consolidated. Administrative Law Judge, J. Lawrence Johnston (“ALJ”), conducted a formal hearing in the consolidated cases on September 27, 2002. RECOMMENDED ORDER The Recommended Order includes crucial findings by the ALJ that Gronlund’s proposed Permit Modification activities will not result in significant adverse impacts to aquatic vegetation, fish population, navigation, public safety, or water quality. Based on these and other related findings, the ALJ concluded that Gronlund had provided the necessary reasonable assurances that his proposed activities will not violate any applicable environmental standards or public interest criteria. The ALJ ultimately The Petitioners also attempted to challenge DEP’s action in issuing the Original Permit to Gronlund. The ALJ correctly concluded, however, that the Petitioners’ belated attempt to challenge the Original Permit issued by DEP in April of 2000 is patently untimely, recommended that a final order be entered granting the Permit Modification, “with the additional condition that the permitted ski jump and slalom courses will be for personal use only, and will not be used for a ski school or for organized ski tournaments.” CONCLUSION The case law of Florida holds that parties to formal administrative proceedings must alert reviewing agencies to any perceived defects in DOAH hearing procedures or in the findings of fact of administrative law judges by filing exceptions to the DOAH recommended orders. See Couch v. Commission on Ethics, 617 So.2d 1119, 1124 (Fla. 5th DCA 1993); Florida Dept. of Corrections v. Bradley, 510 So.2d 1122, 1124 (Fla. 1st DCA 1987). In this formal proceeding, the Recommended Order on review expressly rejects the Petitioners’ claims and recommends that the Permit Modification be issued to Gronlund, with additional permit conditions. Nevertheless, no Exceptions to Recommended Order were filed by any of the Petitioners contesting the ALJ’s adverse factual findings, legal conclusions, and recommendation. Having considered the Recommended Order and being otherwise duly advised, it is ORDERED: A. The Recommended Order is adopted and incorporated by reference herein. B. The Department is directed to ISSUE to Gronlund the requested Permit Modification in File No. 34-0167439-003, subject to the conditions set forth in the draft permit attached to the Notice of Intent to Issue dated June 7, 2002. C. The issuance of the Permit Modification is also subject to the additional condition that the ski jump and slalom courses will be used for private, single-family activities only, and not for a ski school or for organized ski tournaments. Any party to this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appeliate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the clerk of the Department. DONE AND ORDERED this 5 day of December, 2002, in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Jen DSSihuwtea— DAVID B. STRUHS Secretary Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 FILED ON THIS DATE PURSUANT TO § 120.52, FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, a Ryus 12/402 4 4 fCLERK A’ CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing Fina! Order has been sent by United States Postal Service to: Stan Krupski Phillip Buchner Jack Austin 38615 North County Road 444 38545 County Road 44A Umatilla, FL 32784 Post Office Box 685 Umatilla, FL 32784 Mark Gronlund Post Office Box 1476 Umatilla, FL 32784 Ann Cole, Clerk and J. Lawrence Johnston, Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 and by hand delivery to: Craig D. Varn, Esquire Department of Environmental Protection 3900 Commonwealth Blvd., M.S, 35 Tallahassee, FL 32399-3000 this iar day of December, 2002. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Comes 2 UI Mh ag ERRELL WILLIAMS Assistant General Counsel 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL 32399-3000 Telephone 850/245-2242

Docket for Case No: 02-002940

Orders for Case No: 02-002940