STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Application of American ) Design and Development Corp. of ) Miami to pierce seawall near )

Brickell Avenue, Miami to ) CASE NO. 75-454 facilitate upland drainage of )

storm water )

)

IITF File No. 13-39-0069-E )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause in Miami, Florida on June 30, 1975.

APPEARANCES

For Petitioner: Frost Walker

Suite 2400, First Federal Building

151 Southeast Third Avenue Miami, Florida 33131

For Trustees: Steven Barber

By this application, American Design and Development Corporation of Miami seeks a permit so as to authorize the piercing of the seawall at three points in the vicinity of Brickell Avenue so as to allow the drainage of surface water into Biscayne Bay.

The applicant has constructed an upland drainage pattern which has collectors carrying storm water through a system of settling basins and designed to empty into Biscayne Bay. The piercing of the seawall will be done in three points with the mouth of the outfall below the high water line. During construction no adverse affect will result to the water quality of Biscayne Bay. The applicant will install three 6,000 gallon retention tanks to settle out the water and each tank will collect from two 15" lines. These settling tanks will remove sediments that could adversely affect the water quality of Biscayne Bay.

In the absence of protests, the evidence need not be further delineated except to say the project is necessary, and will not adversely affect the water quality of Biscayne Bay. It is therefore,

RECOMMENDED that the application of American Design and Development Corporation for a permit be approved so as to authorize the piercing of the seawall in the vicinity of Brickell Avenue as more fully described in the application.

DONE and ORDERED this 13th day of August, 1975 in Tallahassee, Florida.

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

(904) 488-9675

Docket for Case No: 75-000454

Orders for Case No: 75-000454