STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: )

Application of Omni )

International of Miami, Ltd. ) Case No. 75-115

for permit to construct storm ) TIITF File No. 13-39-3172 sewer outfall in Biscayne Bay )

)

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 Petitioner: Douglas C. LaRosa

Staff Attorney,

Department of Transportation There were no protestants.

1. By this application Omni International of Miami, Ltd., seeks a permit so as to authorize the construction of a storm sewer outfall line into Biscayne Bay. The real party in interest in this application is the Department of Transportation, State of Florida, who will pay for and supervise the work proposed. A permit to install a nearly identical project was granted to Department of Transportation in 1971, but funding of the project was delayed, and it expired in 1975. Department of Transportation now has the funds to complete the project and requires the instant permit.

   
   

2. The intent of the project is to solve a drainage problem on Biscayne Boulevard from N.E. 14th Street to N.E. 17th Terrace. The project will eliminate three existing outfalls by replacing them with two paired 66" drainage pipes. There will be no increase in the quantity to surface water entering Biscayne Bay. Sumps will be installed near the outfall to collect sediment, and a chain link screen will be installed near the outfall to keep leaves, palm fronds, etc. from entering Biscayne Bay.

   
   

3. Installation of the outfall through the existing seawall will necessitate rebuilding part of the seawall. At the hearing, Department of Transportation stated that rip rap would be installed as required by Section 258.165(4), Florida Statutes.

   
   

4. No governmental agency opposes the grant of the permit, and in the absence of opposition, the evidence need not be further discussed except to say the project is needed and will not adversely affect the water quality of Biscayne Bay. From the foregoing,

It is RECOMMENDED that the application of Omni International of Miami, Ltd. be approved so as to authorize the installation of a storm sewer outfall through

the seawall into Biscayne Bay in accordance with the plans and specifications accompanying the application.

Entered this 27th day of May, 1975, in Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Douglas C. LaRosa, Staff Attorney Department of Transportation

605 Suwannee Street Tallahassee, Florida

Docket for Case No: 75-000115

Orders for Case No: 75-000115