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BISCAYNE BAY DEVELOPMENT CORPORATION vs. DEPARTMENT OF NATURAL RESOURCES, 75-001711 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-001711 Visitors: 23
Judges: K. N. AYERS
Agency: Department of Environmental Protection
Latest Update: Apr. 13, 1977
Summary: Approve application to install floating docks.
75-1711

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


In re: Application of Biscayne ) Bay Development Corporation for ) a permit authorizing the )

installation of floating boat ) CASE NO. 75-1711 docks in the vicinity of 600 )

N. E. 36th Street at Biscayne Bay )

) TIITF File No. 13-30-0183-6E )

)


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 on October 17, 1975 in Miami, Florida.


APPEARANCES


For Applicant: Jonathan Beloff

7590 Southwest 82nd Street, F-120 Miami, Florida 33143


For the DER: James R. Brindell, General Counsel

2562 Executive Center Circle East Montgomery Building

Tallahassee, Florida 32301 RECOMMENDED ORDER

By this application Biscayne Bay Development Corporation seeks authorization to install floating boat docks consisting of

16 slips in an area approximately 50' x 300' in Biscayne Bay near 600 N. E. 36th Street, Miami, Florida.


The only construction involved would be the driving of some twenty-three 10" diameter square concrete pilings, to which would be attached the floating slips. Flotation will be provided by using old automobile tires filled with styrofoam and sealed to preclude the styrofoam breaking up. There will be no facilities for fuel or sewage on the docks and the marina is not designed for live-aboard boats.


An environmental specialist of the Department of Environmental Regulation performed on an on-site inspection, and evaluated the project. He concluded that the project would not degrade the water quality of Biscayne Bay.


In the absence of protest the evidence submitted is sufficient to show that the installation of floating docks, as proposed in the instant application, will not adversely affect the water quality of Biscayne Bay. It is, therefore,


RECOMMENDED that the application of Biscayne Bay Development Corporation for a permit to install floating docks in Biscayne Bay near N.E. 36th Street be approved.


ENTERED this 23rd day of October, 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: 75-001711
Issue Date Proceedings
Apr. 13, 1977 Final Order filed.
Oct. 23, 1975 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-001711
Issue Date Document Summary
Apr. 13, 1977 Agency Final Order
Oct. 23, 1975 Recommended Order Approve application to install floating docks.
Source:  Florida - Division of Administrative Hearings

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