STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM L. SLOCUM, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1985

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

) RAYMOND KETAY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1986

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came to hearing on the applications of the Petitioners for permits from the Department of Environmental Regulation to dredge and bulkhead in Snook Bay, Collier County, Florida. The matter was heard before the undersigned Hearing Officer on February 14, 1978 in Naples, Florida.

The Petitioners own adjoining pieces of property in Collier County known as the Isle of Capri. Both Mr. Ketay and Mr. Slocum own waterfront lots which they desire to bulkhead. In addition, they both wish to dredge some material from the existing waters so as to facilitate navigational access to their lots. All the other lots in the Isle of Capri area have been bulkheaded. The Petitioners' lots were planned to be bulkheaded when the subdivision was under construction, but apparently a hurricane prevented this from being accomplished.

The properties in question are zoned for commercial use and the Petitioners believe that they need to do the bulkheading and dredging for which they have requested permission in order to utilize the property in any commercial venture.

The Department presented evidence that the submerged areas in question supported a lively and healthy marine community of various organisms which were important to the overall marine life in the area. Although the area which the Petitioners seek to dredge is relatively small, to permit such work to be done would be harmful to the marine ecosystem, according to the Department's witnesses.

The Petitioners presented no real evidence that the water quality or marine life in the area would not be degraded were this project completed.

The Petitioners have the burden to prove that their proposed project would not be detrimental to wildlife, fish or other marine life. Albrecht v. Dept. of Environmental Regulation, 353 So. 2d 883 (Fla. 1st DCA 1977). The Department of Environmental Regulation conceded that were the Petitioners to place riprap on the outside wall of their proposed bulkhead it would have no objection to that part of the proposed project, but the proposed dredging was contrary to the public interest and was unacceptable. after reviewing all the evidence and arguments presented in this proceeding it is.

RECOMMENDED

That the Petitioners' applications for placing the bulkhead along the shore be approved with the condition that they place riprap on the waterward side of the bulkhead and that part of the applications which seek to conduct dredging be denied.

Done and Entered this 9th day of March, 1978, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

Carale Haughey, Esq.

Dept. of Environmental Regulation Twin Towers Office Building

2600 Blair Stone Road Tallahassee, Florida 32301

William L. Slocum

110 Tahiti Circle Naples, Florida 33942

Raymond Ketay

62 Dolphin Circle Naples, Florida 33942

Docket for Case No: 77-001985

Orders for Case No: 77-001985