STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

APPLICATION OF WILLIAM ) PRAHL TO BOARD OF TRUSTEES ) OF THE INTERNAL )

IMPROVEMENT TRUST FUND TO ) CASE NO. 75-031

CONSTRUCT 30 FEET OF ) IITF FILE NO. 13-39-100028E SEAWALL AT END OF PARK )

LANE IN BISCAYNE BAY. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Examiner, K. N. Ayers, held a public hearing on the above matter February 19, 1975, Miami, Florida.

APPEARANCES

For Petitioner: William Prahl testified in his own behalf. For Respondent: There were no protestants.

By this application to the State of Florida, Board of Trustees of the Internal Improvement Trust Fund, William Prahl seeks authorization to construct some 30 feat of seawall at the end of Park Lane on Biscayne Bay in Coconut Grove, Miami, Florida. William Prahl testified in support of the application.

The area in question has an unused concrete boat ramp which will be removed if the application is granted. The owner to the south of Mr. Prahls' property installed a seawall some time ago and this has resulted in the boat ramp serving as a catch basin for trash and other debris, thereby creating an unsightly situation and possibly a health hazard.

Mr. Prahl intends to erect davits on or just behind the proposed seawall to launch small boats into Biscayne Bay. When the provision of Section 3(4) of the Biscayne Bay Aquatic Preserve Act, Chapter 74-171, Laws of Florida, (hereinafter referred to as the Act) requiring rip rap construction for all seawalls, were

pointed out to Mr. Prahl he requested permission to amend his application so as to authorize the installation of a dock over the seawall that would extend seaward as far as the rip rap. Mr.

Prahl was advised to submit such an amendment not later than March 3, 1975. No evidence in opposition to this application was offered.

CONCLUSIONS OF LAW

This application is controlled by the provisions of Section 3(2) (a) and (4) of the Act. The former provides for authorization of such minimum dredging and spoiling as may be needed for the creation and maintenance of docks, provided such projects shall be constructed and operated in a manner that will not adversely affect the water quality of the preserve. The latter provision (Section 3(4)) prohibits the installation of seawalls without the approval of the Trustees of the Internal Improvement Trust Fund. The overall intent of the Act is expressed in Section (1) that "Biscayne Bay be preserved in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generation," Accordingly approval of Mr. Prahls' application should be conditioned upon fulfilling that intent. This can be accomplished by the use of a turbidity screen during construction. From the foregoing,

It is RECOMMENDED that the application of William Prahl be approved so as to authorize the installation of a 30 foot seawall at the end of Park Lane on Biscayne Bay, in Coconut Grove, Miami, Florida, using rip rap construction and the erection of a dock over the seawall extending seaward to the line of rip rap, with the seawall to be constructed on the existing bulkhead line or mean high water line, and in such a manner as not to impair the water quality of Biscayne Bay during construction.

DONE and ORDERED this 24th day of March, 1975.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Board of Trustees of the

Internal Improvement Trust Fund State of Florida

Elliott Building Tallahassee, Florida

Mr. William Prahl 4151 Douglas Road

Miami, Florida 33133

Docket for Case No: 75-000031

Orders for Case No: 75-000031