STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GULF COAST AGGREGATES, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2155

) Application No. 75000

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on February 10,1976, in the District Conference Room of the Southwest Florida Water Management District in Brooksville, Florida, before Stephen F. Dean, assigned Hearing officer of the Division of Administrative Hearings, on the petition for a consumptive use permit by Gulf Coast Aggregates.

APPEARANCES

For Petitioner: Jay T. Ahern, Esquire

Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

For Respondent: Jack Kronin, Applicant

Gulf Coast Aggregates Post Office Box 1686

Crystal River, Florida 32629 ISSUE

Whether a consumptive use permit for the quantities of water applied for should be granted.

SUMMARY OF TESTIMONY

George Szell, a hydrologist employed by Southwest Florida Water Management District, was called and testified regarding the facts of the application as revealed by his investigation.

The wells for which the permit is requested are located on property controlled by Gulf Coast Aggregates on the Florida Cross State Barge Canal near Inglis, Florida, west of Highway 19 and south of Yankeetown, Florida. The property is bounded on one side by the Gulf of Mexico, on one side by the barge canal, and on the third side by a boat slip, all of which are bodies of salt water.

The use is an existing use. The water will be used on site for the processing of limestone at the Gulf Coast Aggregates mine. The use will lower the water table by 10 feet and 6.5 feet at the boundary of Gulf Coast's property. Granting the permit would permit salt water intrusion. However, the indications are that when pumping is reduced fresh water runs in from the north and northeast, and replaces the water used. Therefore, the salt water intrusion would not be significant according to Szell. Szell indicated that at the rate the water moved into the substrata it would take ten (10) years to replace the water after the mining was finished. Szell based his projections upon a life span of the mine of ten (10) years. The permit would seek to use 3.28 times the water crop.

Mr. Kronin indicated that Gulf Coast Aggregates employed 22 persons at the mine at this time which he described as slack. During peak operation 80 persons would be employed. The monthly payroll is currently approximately $35,000 and at peak could be $140,000. The majority of employees live in the Crystal River area. The complex would be within the top ten (10) employers in the surrounding six (6) county area. The mine, according to Kronin, was estimated to contain roughly 20-30 years supply of limestone. This single deposit would be considered a major resource of the state.

Because of the effects on the water level, the salt water intrusion predicted, and the consumptive use of waters, the staff could not approve the application, but did recommend that because of the beneficial use of waters by an industry of multi-county economic importance that the Board favorably consider the granting of exceptions.

There were no objections filed.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Hearing Officer having considered the evidence finds that the proposed use would substantially affect the water resources of the District adversely. While the possibility exists that the fresh water level would return to its present level, the evidence indicates that the water level would be lowered for the 20-30 year life span of the mine, and that thereafter it would take ten (10) years for the fresh water to be replaced and the salt water presumably to be displaced. Szell's projections for the reversal of the salt water effects were based upon a life span of the mine of ten (10) years, which was 2 to 3 times less than Kronin's projections. No evidence was presented regarding recharge of the water table based upon the life span of the mine at

   20-30 years, or the effects of salt water intrusion and reduction of the water table for a 30-40 year period.

   
   

2. While the economic benefit is important, the testimony was clear that the operation was currently at a slack period. They have only one-fourth of their total work force on the job at present. No evidence was presented regarding their actual water needs while operating at a reduced level. While the current mine payroll is known, the payroll at peak operation is only a projection. When this added benefit would occur is unknown as is its relationship to water needs and usage.

   
   

3. The facts are clear that the requested use would violate the rules in several respects regarding denial unless good cause is shown. The burden clearly lies upon the applicant to show how the public interest will be served. In this instance, the showing by the applicant does not support the request for

6,400,000 maximum daily withdrawal and 3,600,000 average daily withdrawal. A payroll of $35,000 per month does not present such an economic interest that the public interest in prevention of salt water intrusion and lowering the water table would be justified. In the absence of a clear showing of good cause, the exceptions should not be granted to the provisions of Rule 16J-2.11(2), (3), and (4), F.A.C.

RECOMMENDATION

The Hearing Officer having considered the law and the evidence, recommends the application be denied.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 23rd day of February, 1976.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

Jack Kronin, Applicant Gulf Coast Aggregates Post Office Box 1686

Crystal River, Florida 32629

Docket for Case No: 75-002155

Orders for Case No: 75-002155