STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a public hearing on the above matter April 28, 1975, at Miami, Florida.

APPEARANCES

For Applicant: William J. Roberts

217 South Adams Street Post Office Box 1386 Tallahassee, Florida

For the Trustees, Louis B. Milledge Jr. Internal Improvement 1532 A. I. DuPont Building Trust Fund: Miami, Florida

1. By this application Ocean Reef Club Inc. seeks a permit so as to authorize certain dredging at Snapper Point. The application, as submitted, includes the filling of 7.68 acres of submerged land artificially created and construction of two bridges over artificially created waterways. This hearing was concerned with the effect of the project upon Biscayne Bay in accordance with the Biscayne Bay Aquatic Preserve Act, Section 258.165, Florida Statutes. Petitioner presented the transcript of the July 2, 1975 Trustees meeting where the Trustees voted to not assert jurisdiction over Snapper Point. No one presented any evidence regarding the filling of the land proposed for residential development, apparently upon the basis that it was outside the boundaries of Biscayne Bay. In this regard it is to be noted that in the vicinity of this project, the western boundary of Biscayne Bay is the mean high water line. No evidence was presented to show where the mean high water line is located with respect to Snapper Point and the Hearing Officer makes no findings regarding any portion of the application relating to filling land at Snapper Point. Another part of the project relates to the construction of an interior lagoon which requires dredging and partially refilling with rock. All parties at the hearing proceeded upon the premise that this part of the project was outside the scope of Section 258.165, Florida Statutes, and the Hearing Officer makes no findings in this regard. The only part of the project which all parties considered to be within the Biscayne Bay Aquatic Preserve is the circulation channel to be dredged on the western side of Snapper Point and all findings, opinions and recommendations herein submitted relate solely to the excavation and construction of this circulation channel for the central lagoon.

2. This circulation channel will extend approximately 150 ft. into Biscayne Bay from the Central Lagoon with the width increasing from 50 ft. at the land cut to 100 `ft. offshore. Over dredging will be to -4 ft. at mean low water and 2 ft. of limestone fill will be placed in the dredged area to bring the elevation there to -2 ft. at mean low water. Witnesses testified that the project as approved by the various agencies involved, vis. Department of Pollution Control and the Game & Fresh Water Fish Commission, would not adversely affect the water quality of Biscayne Bay. State Certification of the project was granted by the Department of Pollution Control by letter of April 3, 1975, and petitioner accepted the restrictions and conditions imposed thereon. In the absence of opposition, the evidence need not be further delineated except to say the circulation channel is necessary and its construction will not adversely affect the water quality of Biscayne Bay. It is therefore,

RECOMMENDED that the application of Ocean Reef Club Inc. be granted so as to authorize the construction of the circulation channel to the Central Lagoon at Snapper Point in accordance with the plans and specifications submitted with the application.

ENTERED this 22nd day of May, 1975.

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

(904) 488-9675

COPIES FURNISHED:

William J. Roberts

217 South Adams Street

P.O. Box 1386 Tallahassee, Florida

Louis B. Milledge Jr.

1532 A. I. DuPont Building Miami, Florida

Docket for Case No: 75-000074

Orders for Case No: 75-000074