STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
TRANSGULF PIPELINE COMPANY, )
)
Petitioner, )
)
vs. )
) BOARD OF COUNTY COMMISSIONERS )
OF GADSDEN COUNTY, FLORIDA, ) CASE NO. 79-1254
)
Respondent, )
and )
) MIDWAY COMMUNITY COUNCIL, INC. ) and HENRY B. DOVER, )
)
Intervenors. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Diane D. Tremor Hearing Officer with the Division of Administrative Hearings on May 28- 31, June 3-7 and June 11-12, 1985, in Tallahassee Florida. The issue for determination in this proceeding is whether the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, should grant (with any appropriate conditions and restrictions) or deny (with indication of any changes that would make the development proposal eligible for approval) Transgulf Pipeline Company permission to develop a liquid petroleum products storage and truck loading terminal near Midway, Gadsden County, Florida.
APPEARANCES
For Petitioner: Gary P. Sams
Peter, C. Cunningham Steven A. Medina
Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida 32314
For Respondent: Joann G. Slay
Harnett, Curry & Slay Post Office Box 391 Quincy, Florida 32351
For Intervenor Terry Cole
Dover: Kenneth G. Oertel
2700 Blair Stone Road, Suite C Tallahassee, Florida 32301
and Sally G. Munroe
107 South Bronough Street Tallahassee, Florida 32301
For Intervenor Marva A. Davis
Midway: 229 East Washington Street Quincy, Florida 32351
and Sally G. Munroe
107 South Bronough Street Tallahassee, Florida 32301
INTRODUCTION
Petitioner Transgulf Pipeline Company timely filed a petition and notice of appeal from the Board of County Commissioners of Gadsden County Order dated April 3, 1979 denying Transgulf's application for development approval of a liquid petroleum products storage and truck loading terminal to be located near Midway Florida. After numerous judicial proceedings, this de novo final administrative hearing commenced on May 28, 1985.
In support of its position that it is entitled to approval of its proposed storage and truck loading facility, petitioner presented the testimony of Wiley
Cauthen, petitioner's Vice President of Engineering, Remission and Environmental Affairs; Robert F. Carroll, a member of the Board of Directors of the Lake Yvette Homeowners Association; Norman McMillan, Bureau Chief, Central Operations, Department of Revenue, and Charles Blume the former Planning and Zoning Director of Gadsden County. Testifying as expert witnesses in petitioner's behalf were William Janacek, petroleum products pipeline and terminal engineering design, construction and operation; John S. Stanley, pipeline design engineering, construction and operation, including terminal facilities; Donald M. Johnson fire protection engineering, specifically in regard to petroleum product facilities; James M. Thomas, biology and Florida ecology; Marsha A. Chance, archaeology; Alan M. Schmook, personal lines property and casualty insurance underwriting; James W. Lee, transportation engineering and planning; Frank L. Cross, Jr., air pollution control engineering, air quality impact analysis, air quality monitoring and noise evaluation; James C. Nicholas, economics of growth management; C. W. Sheffield, surface water management and wastewater treatment engineering; Thomas Kwader, geology, hydrogeology and geophysics, including assessment of migration of contaminants in groundwater; Diane L. Jetton; real estate sales and valuation; and Earl M. Starnes, an expert in architecture, comprehensive planning and land use planning. On rebuttal, the petitioner presented the testimony of E. Dwayne Fortune; Bryant P. Marshall, accepted as an expert in geotechnical engineering; Frank David Stevens, accepted as an expert in hydrocarbon chemistry and the analysis and treatment of wastewater containing petroleum products; Donald M. Johnson; Ben Elinor and Wiley Cauthen. Received into evidence were petitioner's Exhibits 1-7, 10-32, 37, 38, 40, 42, 45, 49-60, 64-68; 70-78, 80-85, 87-113, and 115-124. Petitioner's post-hearing Motion for Official Recognition of the actions and records of judicial proceedings concerning this case and of the Department of Environmental Regulation's August 20, 1985 modification of the air source construction permit was granted.
The respondent Board of County Commissioners of Gadsden County offered no witnesses and no exhibits at the final administrative hearing.
Testifying on behalf of the intervenors Dover and Midway Community Councils Inc. were the following expert witnesses: Rodney Dehan, groundwater quality, chemistry, biochemistry and microbiology; Diana Sawaya-Crane, land planning as it relates to development of regional impact (DRI) review; Paul Gruber, organic chemical contamination movement, geology, and hydrogeology; Jack D. Riggenbach, industrial waste and wastewater treatment and chemical engineering; Huey Mangus, petroleum firefighting and the prevention and control of fires at petroleum storage facilities, and in public safety to the limited extent that it involves protecting the public from fire hazards posed by petroleum products or a petroleum storage facility; Miles R. Bower, firefighting and fire control, petroleum firefighting and public safety; James William McCartney, land use planning; J. T. Williams, Jr., real estate development; and James May, land use; comprehensive planning and the DRI process. Also testifying on the intervenors' behalf were Watha Ard, Robert F. Carroll Henry B. Dover Charles D. DuPont, Claudette Cromartie, Robert E. Culbertson, William Augustus McGill, Emmanuel Gerald Kenon, Jimmie E. Cooper Arthur Lawson, Sr., Frederick Jerome Young, Vivian Kelly, Queen Ford, Reverend C. J. Jones, and Walter O. Pettis. In addition Dover called Paul Parks, an expert in pollution chemistry as a rebuttal witness. Received into evidence were the intervenors' Exhibits 59-62, 80, 82, 83, 85, 92, 93, 116, 123; 125, 126, 137, 138; 143, 144, 148, 149, 168-170, 172,
176, 212; 213 and 215.
The parties' prehearing stipulation was received into evidence as Hearing Officer's Exhibit 1.
Subsequent to the hearing, counsel for the petitioner and for the intervenor Dover submitted proposed findings of fact and proposed conclusions of law. Neither the respondent Gadsden County nor the intervenor Midway Community Council submitted post-hearing memoranda or proposed findings of fact. The proposed factual findings submitted have been carefully considered and, except as noted in the Appendix to this Recommended Order have been accepted.
FINDINGS OF FACT
Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:
The Application Process
On or about November 1, 1978, petitioner Transgulf Pipeline Company (Transgulf) filed with the respondent Board of County Commissioners of Gadsden County Florida (Gadsden County) an application for development approval (ADA) of a proposed liquid petroleum products storage and truck loading terminal to be located near Midway, Gadsden County, Florida (Midway Terminal). Copies of the ADA were provided to the Apalachee Regional Planning Council (ARPC) and the Division of State Planning. The ARPC requested additional information about the project from Transgulf on or about December 12, 1978, Transgulf supplied the additional information to the ARPC, and the ARPC informed Gadsden County on or about December 18, 1978 that Transgulf had supplied the additional information requested and that Gadsden County could advertise for a public hearing on the Midway Terminal ADA.
The Gadsden County Planning and Zoning Commission voted to recommend approval of the Midway Terminal proposal to Gadsden County on February 27, 1979.
On or about March 2; 1979; the ARPC submitted an analysis of the Midway Terminal and recommended approval of the development with three conditions: improvements to County Road 159, a buffer between the storage facility and existing residences in the area and adequate fire fighting facilities on the site. In addition, the ARPC noted that the proposed project site was unzoned and that
"Therefore, the County Commissioners must consider in evaluating this project how it would like for Gadsden County to grow.
Should the area be set aside for residential growth, commercial growth, or left in its existing state? The answer to this question
is a growth policy that the County Commissioners must decide." (Petitioner's Exhibit 7)
On March 13, 1979, Gadsden County conducted a public hearing and voted to deny development approval. A written Development of Regional Impact Order denying development approval was issued on or about April 3, 1979. The Order concluded:
This DRI would have an unfavorable impact on the environment and the natural resources of the region involved.
This DRI would have an unfavorable impact on the economy of the region involved.
This DRI would unduly burden the public transportation facilities in the region involved.
The Order further listed the following as changes which would make "this DRI .... eligible to receive a permit":
Location of this DRI in an area that
is not prime residential and densely populated.
Location in an area where in the event of a catastrophe such as fire or explosion that such fire or explosion will not result in an adverse effect upon the environment
of the area.
Location of this DRI in an area where its presence will not create an adverse effect
upon the economy of the region.
Adequate provisions must be made for traffic safety in handling the large number of semi-tractor tankers that will use this facility to the end that no traffic hazards are created and that transportation facilities are not unduly burdened. (Petitioner's Exhibit 32)
In addition, the County found the ARPC's report and recommendation to be incomplete and concluded that the "Midway, Florida area is predominantly rural residential in nature and affords a quiet community for peaceful living."
Transgulf timely filed a petition and notice of appeal from Gadsden County's denial to the Florida Land and Water Adjudicatory Commission. Between that time and the time of the commencement of the instant administrative hearing, numerous judicial and other administrative proceedings have occurred. As relevant to the issues for determination in this proceeding, the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience and necessity for the entire pipeline project and, as a part of its review, considered potential alternative sites for the subject storage facility. The FERC staff concluded that
"The Midway site would not create unaccept able impact. Further, no other site studied by the staff would constitute a superior alternative to the proposed Midway site." (Petitioner's Exhibit 11, page 130)
The conceptual design and impact information contained in the petitioner's original ADA is basically unchanged. However, due to the passage of time pending this appeal, Transgulf has refined and updated certain information concerning the project in light of regulatory; technological and industry changes and advances; FERC and ARPC conditions; concerns expressed by interested persons and the detailed planning and designing of a larger, but similar storage facility to be located near Kissimmee, Florida, which facility has now received DRI approval. The final design plans for the proposed Midway terminal will cost approximately $1 million.
Overview of the Proposed Project
Florida Gas Transmission Company is the owner and operator of a dual pipeline system extending approximately from Baton Rouge, Louisiana to Fort Lauderdale, Florida. Florida Gas Transmission Company and Transgulf Pipeline Company are wholly owned subsidiaries of Houston Natural Gas Company. Transgulf is in the process of acquiring from Florida Gas Transmission Company one of the pipelines presently being used to transport natural gas, and plans to use this pipeline to transport refined liquid petroleum products, such as gasolines, diesel fuels, home heating oils and aviation jet fuels. Transgulf's liquid petroleum products pipeline will receive products from a refinery and existing pipelines near Baton Rouge Louisiana and from a pipeline at Lucedale Mississippi. These products will be delivered to the State of Florida through existing terminals at Jacksonville and Port Everglades and through terminals Transgulf plans to construct near Midway in Gadsden County, Florida and Kissimmee in Osceola County, Florida. At these terminals, products will be delivered into individual tanks assigned for each product and loaded from the tanks into trucks for distribution in the market area. The overall cost of the total pipeline project is approximately $500 million. It is estimated that the pipeline project as a whole will result in Savings in transportation costs of approximately $1.5 billion over the first 20 years of its life.
The proposed Midway Terminal will serve a market area consisting of all or a portion of Jackson, Liberty, Franklin, Wakulla, Gadsden, Leon, Jefferson, Madison, Taylor, Lafayette Hamilton and Dixie Counties. The existing distribution system for liquid petroleum products in this market area is by truck from terminals in Panama City, Florida; Bainbridge, Georgia; Jacksonville, Florida; and St. Marks, Florida.
The proposed Midway terminal will include seventeen above-ground petroleum storage tanks with an ultimate capacity of approximately 350,000 barrels of petroleum product. This is approximately 4.3 percent of the total pipeline capacity. The terminal's existence is not an essential element of the pipeline conversion project. As more particularly described below, the conceptual design for the proposed Midway terminal includes in addition to the
17 storage tanks, loading bays to service approximately 75 trucks per day a vapor recovery system, a water treatment system, dikes, retention ponds and settling ponds lined with impervious liners a manifold area, a driveway, a small office building security and lighting, an automatic self-contained fire detection and preventive system and a high-level communications system.
The Intervenors
Henry Baker Dover and his wife own and reside on approximately 344 acres of land located in Midway on the eastern side of County Road 159, north of its intersection with U.S. 90. Also on the property are two mobile homes and a house occupied by his two sons and their families along with another individual. Mr. Dover operates a channel catfish hatchery on this property. The catfish are grown in 32 different ponds located on the property; containing some 135 surface acres of water, and are sold as stock to numerous pond owners throughout Florida and South Georgia. A large portion of Mr. Dover's original acreage was sold (with the retention of a reverter interest) to a Fuller's earth mining company, and many of his ponds were created from stripped off overburden in connection with the mining activities. There is also an 18-acre Spring-fed lake on this property. When mining is conducted on the property, the activity involves three to six trucks making three to four trips per day. Mining activities were conducted on the mining company property for approximately 30 to 35 days in 1984, although for several previous years mining was not conducted.
The Midway Community Council, Inc. is a nonprofit corporation composed of residents and other persons who have property interests or other community ties to the Midway, Florida area. It was formed in 1978 or 1979 and incorporated in May, 1979. A substantial number of Midway members either reside or own property on County Road 159, St. John's Church Road, Dupont Road or U.S.
90 in the Midway area; attend church in the Midway area, and/or have children who are transported by public school bus on County Road 159 to Havana, Florida. Among the purposes of the Council is to promote the improvement of the community by engaging in activities for improving the general welfare, health, safety, industrial, economic, social and cultural conditions of the community.
The Site and Vicinity
The proposed terminal site is presently owned by the heirs of Ida Munroe, deceased. In 1979 Transgulf had an option to purchase the property. However, that option lapsed and Transgulf currently has no ownership interest in or option to purchase the property. Title to the property is clouded due to the number of heirs in the estate. Transgulf intends to acquire the site through negotiation with the heirs or, if necessary, through what is anticipated to be a "friendly" eminent domain proceeding. Transgulf has communicated with the senior member of the Munroe family over the years and as recently as the week prior to the hearing.
The proposed site for Transgulf's Midway Terminal is comprised of approximately 51 acres of land adjacent to the pipeline on the west side of County Road 159, approximately 7/10 of a mile north of the intersection of U.S.
90 and County Road 159. The terminal would be located approximately 10 1/2
miles east of Quincy Florida, approximately 12 1/2 miles west of Tallahassee, and approximately 1 1/2 miles north of the community of Midway, which is normally shown on maps as located south of U.S. 90 and Interstate 10.
The intersection of County Road 159 and U.S. 90 is approximately 2.2. miles northwest of the intersection of U.S. 90 (a four-lane divided highway connecting Quincy and Tallahassee) and Interstate 10 (a limited access highway). Between these two intersections are several commercial establishments, both large and small, including a night club, marine and tractor equipment facilities, a paint and body shop, an auto salvage and service yard and scattered lower-priced residences. On the south side of U.S. 90 at its intersection with County road 268; which is effectively the southerly extension of County Road 159, is the 28-acre Midway Industrial Park. The industrial park houses facilities for producing manufactured homes, fabricating security systems and bars, storing electronic and sporting equipment, conducting sales, and a variety of other activities, with a total employment of about 100 persons. Interstate 10 lies between the industrial park and the Midway Community to the south.
The Midway Terminal driveway will be located just south of the entrance of St. Johns Church Road onto County Road 159 and just north of the property of Orval Pettis who both resides and conducts a small used automobile storage, sales and repair operation at his property. Approximately 17 homes are located on St. Johns Church Road, which is an unpaved dead-end road running north of the site. Two churches, one built almost 100 years ago, are also located northeast of the terminal site. To the east of the proposed terminal tract are two or three cemetery sites, one of which may qualify for placement in the National Register of Historic Places. The Northwest Florida Water Management District offices are located on U.S. 90 southwest of the site; and the Lake Yvette subdivision with approximately 27 homes and 85 lots, is located to the northwest of the site. The terminal site is not visible from homes in Lake Yvette, and residents of Lake Yvette enter their subdivision from U.S. 90 at a point some distance northwest of County Road 159. In general; the unzoned area within one mile of the proposed terminal site is rural in character, but contains a scattered mixture of industrial; institutional; forestry, agricultural, mining and residential uses.
After reviewing about twenty other alternative sites in four different counties, Transgulf chose the subject site based upon considerations of environmental sensitivity, development patterns; traffic; market access, soil suitability and local land use regulations. The Midway site was determined to be superior to all other sites.
Gadsden County has no zoning ordinance or future land use map or code applicable to the Midway area or the proposed terminal site. The Gadsden County Comprehensive Plan is one of policy and is not site-specific. The review of commercial and industrial proposals are done on a site-specific basis. Among the elements contained in the 1981 Gadsden County Comprehensive Plan are the clustering of commerce along existing communities and the four interchanges along Interstate 10, and the appropriation of at least 25 acres for industry.
To this extent, the location of the terminal at the Midway site is consistent with the County's Comprehensive Plan.
While the property immediately along County Road 159 is also suitable for residential development, there is presently a mixture of commercial, industrial, residential and other uses in the vicinity. Real estate in the area has a higher value per acre for commercial or industrial use than for
residential use. While residential values of property immediately surrounding the site may suffer some decline, residential growth and values should not be affected beyond a quarter or half mile from the site if proper buffering and safety precautions are provided.
It is possible that the Midway area, particularly along County Road 159, might in the future be the location of anticipated growth spilling over from the Tallahassee area. However, this is somewhat conjectural and the likelihood of higher-priced homes in that area would be somewhat inconsistent with the industrial commercial and mining uses already in existence in the general vicinity.
There are no basic inconsistencies between the Midway Terminal proposal and the general policies embodied in the State Comprehensive Plan.
Design and Operation of Proposed Terminal
The Midway Terminal will be designed to comply with or exceed all applicable federal state, regional and local regulatory requirements and permitting programs; and national industry design codes and standards. Because the terminal, as well as the pipeline project as a whole, is capital intensive, involves multi-million dollar investments, and will handle valuable products, Transgulf feels that it has a natural incentive to design; construct; operate and maintain the Midway Terminal in an efficient, effective and reliable manner; using state-of-the art technology.
In comparison to other petroleum terminal facilities, the proposed Midway facility will be relatively small. Its capacity of 350,000 barrels of petroleum products will be stored in 17 above-ground tanks, the largest of which will hold about 40,000 barrels. The terminal will have a daily loading capacity of approximately 15,000 barrels and no more than 8 truck loading bays. The facility will load approximately 75 trucks per day and be available for operation on a 24-hour per day, seven day per week basis, although actual truck loading will occur sporadically.
The Midway Terminal, like the pipeline system as a whole, will be highly automated. Terminal and pipeline operations will be continuously monitored by a central operator from Transgulf's Central Florida Control Center in Winter Park, Florida through a redundant supervisory control and data acquisition (SCADA) system. Communication between the Central Florida Control Center and the Midway Terminal will occur via a privately owned satellite system (for computer and voice communications) with a back-up dial-up system (for computer and voice communication) and an additional back-up V.H.F. radio system (for voice communication). At the Midway Terminal location, a local computer system will control safety and operational functions through a programmable logic controller with standby mini-processor and will also control truck loading operations, billing and tank inventories through a local processing unit. A non-interruptible battery power supply will be installed to provide control power and lighting in the event of a general power failure. The estimated costs of the SCADA and communications systems are $6 million and $2.5 million respectively.
In addition to the automated systems and the central operator, the facility will be manned during normal working hours, 8:00 a.m. to 5:00 p.m., five days a week, by a supervisor and two utility personnel. Also, one or more truck drivers will be on site during truck loading operations. Each employee will be trained in the operations, maintenance and safety equipment of the
facility. All three employees will be required to live within 15 minutes of the Midway Terminal, and one such employee will be on call on evening and weekend periods. Personnel assigned to the Midway Terminal and other facilities will be subject to call-out duty whenever circumstances require.
Petroleum products will travel through the pipeline in fungible or segregated batches at a maximum velocity of approximately 7 miles per hour. It will take a minimum-sized batch of 50,000 barrels approximately 3 1/2 half hours to pass the Midway Terminal. The batches will not be physically separated and some mixture; or "interface," of products will occur within the pipeline. By using fluorimeter, densitomer and metering techniques, Transgulf will be able to track the progress of batches traveling through the pipeline and take off desired quantities of unmixed product at the Midway Terminal, thus avoiding any need for handling product interface at the Midway Terminal.
Product will enter the Midway Terminal through a locally computer- controlled draw valve where the product will be automatically sampled. The draw valve will have a back-up power source to allow closing in the event primary electrical power is lost. The product will then flow consecutively through a control valve, which will regulate pressure and flow conditions; a turbine meter facility, a meter prover equipped with a pulse counter and pressure and temperature transmitters; and finally, a manifold area, which will include a separate pipe header for gasoline and distillate where product will be directed into the appropriate tank. A surge pressure relief system will automatically prevent pipe from becoming overpressured.
The facility will use steel welded piping for transporting petroleum products. It will be designed in accordance with the regulations of the Federal Department of Transportation and State Fire Marshal and national industry standards, including American National Standards Institute/American Society of Mechanical Engineers Standard for pressure piping. The terminal will be designed for operation at less than twenty percent of the specified minimum yield strength of the pipe. Below-ground piping will be used except at the manifold area, at the entry point to the tanks, and at the loading area. The below-ground piping will be externally coated and cathodically protected against corrosion.
Gasoline-type products will be stored in tanks with sealed internal floating decks and fixed external roofs. The external roofs will be either steel cone or geodesic dome roofs. Oil or distillate-type products will be stored in fixed roof tanks. Tanks will be designed and constructed according to Federal Department of Transportation and State Fire Marshal regulations, and national industry standards including American Petroleum Institute Standard 650 ("Welded Steel Tanks for Oil Storage"). Tank exteriors will be painted, and tank bottoms will have an additional internal coating to a height of at least eighteen inches, along with cathodic protection against corrosion. To provide initial settlement and to confirm that each tank is properly constructed and does not leak; the following tests will be conducted before filling with product: (a) each tank will by hydrostatically tested through filling with water, a liquid heavier than any petroleum product to be stored; (b) external welds in the tank shell will be x-rayed to detect any flaws; and (c) each tank bottom will be vacuum tested. Tanks will be constructed on concrete ring wall foundations, which will surround a pad comprised of layers of asphaltic sand and clean structural sand. Also underlying the tanks will be an impervious layer of bentonite clay material; used in lieu of a liner in order to allow for cathodic protection of the tank bottoms.
The tanks will be placed within diked areas capable of holding the volume of the largest tank within the impoundment plus the volume of water resulting from a three-day, 25-year storm. Should some of the tanks be grouped in a common diked area, individual tanks will be separated by intermediate dikes. The diked areas; other than under the tanks, will have an impervious high density polyethylene (HDPE) liner battened to the concrete tank foundations; and special liner boots will be used where piping protrudes through the liner. The tanks will be spaced at or in excess of the distances required under National Fire Protection Association (NFPA) Standard 30 and at least one tank diameter from the inside edge of the vegetated buffer area which will extend on Transgulf's property around the site perimeter. The diked areas will be slightly graded so that any water or product outside a tank will flow away from the tank toward an environmental tank dike drain. The diked areas Surrounding the tanks will also be used to contain tank overfills or spills, should they occur.
Small quantities of water may be in the petroleum products when they arrive at the Midway Terminal. Due to the tank designs and the fact that water will be removed from the products at other upstream pipeline facilities, it is estimated that only 1,000 barrels of water per calendar quarter for the total facility will be in the products stored at Midway. Any water in a tank may be visually observed through a water level sight glass and periodically drained by manual valve from the tank (which operates as an initial oil-water separator), into a second oil-water separator outside the tank known as the environmental tank drain. Following a second visual observation of the environmental tank drain and the removal of any hydrocarbon sheen water will be released from the environmental tank drain to the floor of the diked area. Any free product or hydrocarbon sheen observed on the surface of the diked area will be removed using absorbent material vacuum pump or similar method. Further testing could be performed to detect the presence of hydrocarbons. While in the diked area, water will have the opportunity to evaporate and organic compounds which may have solubilized in the water will be allowed to volatilize below the level of detection. At the environmental tank dike drain any hydrocarbon sheen will be removed from the water prior to release of water to a grass drain swale on Transgulf's property outside the diked areas. Transgulf has committed to hold any water drawn from the tank bottoms within the diked areas for a minimum retention period of seven days prior to release through the environmental tank dike drain. This is an adequate period of time for any dissolved organic compounds to be removed through evaporation prior to discharge from the diked area.
One major cause of fire at petroleum terminal facilities is a tank overfill. The following features will be installed at the Midway Terminal to prevent tank overfill: (a) a gauging and meter reading system with continuous read-out that automatically closes the draw valve from the pipeline and terminates delivery once the desired quantity is placed in the tank; (b) as a back-up to the gauging and meter reading system; each tank will have a high level alarm which alarms locally and at the Central Florida Control Center to indicate normal fill level has been reached; (c) each tank will also have a high-high level detection alarm and shutdown system that automatically will close the draw valve and terminate delivery if no action is taken after the high level alarm is triggered; and (d) each tank will have a second high-high level detection alarm and system that will activate automatic shutdown independently from the other high-high level detection and alarm system. In addition, tanks will have hood deflectors rather than open screened vent outlets to prevent spraying of product should an overfill occur. Finally, combustible gas monitors
will be available for use at the tanks to detect vapors from any product present in the diked areas due to an overfill.
The Midway Terminal will have a self-contained system for fighting tank fires. Each tank will have automatic fire detection sensors and an automatic fixed foam system that is mounted on the tank shell and designed for full surface involvement to handle any situation where an internal deck is damaged or sunk. The automatic foam system will be locally computer controlled; not remotely controlled, and not dependent on action at the Central Florida Control Center. The fixed foam system at each tank will be connected to a central foam proportioning unit. The Midway Terminal will have 1,000 gallons of foam on-site for initial use. In additions at least 3,000 additional gallons will normally be kept on-site because the Midway Terminal, due to its central location, will hold foam reserve for the terminals Transgulf is constructing near Lucedale, Mississippi and Kissimmee, Florida, as well as for the Midway Terminal. As a further back-up to the automatic firefighting system at the tanks, the manifold area at the Midway Terminal will be equipped with portable, mobile foam cannons sized to the tanks that will be at the facility, along with additional hoses with foam nozzles.
In the event of a tank fire, a local alarm will be enunciated at the Midway Terminal control room and a remote alarm will be transmitted to the Central Florida Control Center operator. As an additional firefighting technique, local personnel or the Central Florida operator will be able to initiate a preprogrammed pumping out of the contents of the affected tank into another tank or into the pipeline using the reinjection pump that will be located at the Midway Terminal. The largest tanks when full, could be emptied in a maximum of eight hours.
The principal source of any water for use at the terminal in proportioning foamy cooling tanks or for other firefighting purposes will be the facility's retention pond. Transgulf will maintain the water supply in the retention pond to provide at least the quantity of water required for foam proportioning purposes under NFPA Standard 11, plus the amount that might be used for tank cooling purposes during an eight-hour tank fire. This translates to at least one million gallons of water in the retention pond for firefighting purposes. The retention pond will also be sized to contain a one in ten year storm, which is estimated to require approximately 0.7 million additional gallons; for a total retention pond capacity of at least 1.7 million gallons.
It is estimated that the retention pond will be approximately five feet deep with a surface area of approximately 1.2 to 1.5 acres. Discharges from the pond will occur on an infrequent basis of about four or five times per year, at most, and the discharge will be from a point at least 50 feet within the site boundaries to a drainage swale. While Transgulf does not intend to rely on other sources of water, additional supplies could be obtained from fire trucks, the facility's well, and possibly from the local water main system which is expected to extend north of U.S. 90 on County Road 159. The well at the Midway Terminal will normally have a pump with a 35 to 40 gallon per minute (g.p.m.) capacity, but in an emergency, a 100 g.p.m. pump like that which will be used in the initial filling of the retention pond could be utilized. It is estimated that it would take approximately 10-11 days to fill the retention pond with 1.7 million gallons of water using a 100 g.p.m. pump.
The water supply will be distributed using a buried and constantly pressurized water main and hydrant system and arranged to provide full coverage at the facility including all tank surfaces and the loading and manifold areas. Two fire water pumps will be installed with 100 percent redundant capacity and
separate power sources. Mounted or portable water spray monitors will be provided for tank cooling purposes. In addition, hose reels, spare hoses, nozzles and a small hose house will be maintained on-site.
The Midway Terminal will have limited access from County Road 159 and Security lighting and fencing. Entry into the facility will require a computer- read driver identification card. Drivers will be trained in facility operations, rules and emergency procedures prior to obtaining authorization to use the facility. Each truck will receive an annual governmental safety inspection from the Florida Department of Agriculture, an annual vapor tightness test required under 40 CFR Part 60, Subpart xx Section 60.505, and an annual Transgulf inspection to assure compatibility with Midway Terminal requirements, such as brake interlocks.
As with many modern terminal facilities in the United States, the truck loading process at the Midway Terminal will be computer-controlled and driver-operated. In order to load, the driver will be required to undertake several precautionary Steps and activities. The truck engine, ignition switch and all electrical equipment; such as lights and radios, must be shut off; the truck must be visually inspected; and grounding, brake-interlocking, vapor recovery, overfill prevention, and bottom loading connections must be made and checked. Product loading, which is initiated by a start button, cannot commence until all safety connections are made and the desired product volume is verified by the computer and pre-set into the meter. The meter will have an automatic set stop counter to shut down the pump and close the valves when the volume is received. Overfill will also be prevented by a high level device, either float- type or optical, which will automatically disengage the electrical connection and shut down the pump, and by a flow connection to the vapor recovery system where a flow switch also will actuate automatic shutdown. Leak of product will be further avoided through the use of dry-break coupling connections for the vapor recovery and product loading hoses, preventing the connections from being disengaged unless loading valves are closed. In addition, a grounding detector will discontinue loading if the grounding cable is disconnected. Bottom-loading of the trucks will provide a completely closed product loading system to allow vapors to be collected through a vapor recovery system that will be installed at the loading area. The precise system to be utilized has not yet been selected. After the loading operation is complete and the various connections are disengaged, a truck will be driven toward the exit gate where the driver will receive a computer printout designating the amount of product received. It is anticipated that a truck will typically be at the terminal for approximately 25-
30 minutes.
Like the tanks, the truck loading area will have an automatic fire protection system. Each loading bay will be equipped with a combustible gas monitor which will activate an alarm and automatically close down operations if any significant amount of combustible gas is detected. Each bay will also have a system of fire detectors that will trigger automatic injection of dry chemical or foam from the top and the base of the bay if a flame is detected and that will initiate a local alarm and an alarm at the Central Florida Control Center. If a fire occurs at the rack, the system will automatically stop all loading pumps and close all valves. Portable fire extinguishers, fire blankets, large two-wheeled extinguishers and hose reels will also be provided at the loading area, as well as manual emergency shut-down Switches, an emergency shower and an eye wash sink.
The loading area will be canopied, paved in concrete and curbed to drain into a water separation system similar in principle to the system that
will be installed for tank bottom water separation. The manifold area; which will have an underlying layer of bentonite clay material; will also drain into this system. The system will have three separate water separation phases. It will consist of an oil/water separator sized to contain the contents of one tank truck, followed by a settling pond, which will in turn be followed by the retention pond that will contain water for firefighting purposes. Each phase will be connected by hard pipe and will be designed so that any floating hydrocarbons are trapped and will not flow with the effluent water to the next phase or to the drain swale. Like the diked areas, settling and retention ponds will be imperviously lined with HDPE. Any hydrocarbon sheen on the Settling and retention ponds will be removed as needed by absorbents, pumping or a similar method.
The Midway Terminal will have a small office building to house the local computer system, laboratory equipment, restrooms and other miscellaneous facilities. The terminal will require a small septic tank and drainfield that must be approved by the Gadsden County Health Department. The terminal will also have a well approximately six inches in diameter for routine use at the facility and the initial filling of the retention pond.
Geotechnical analysis of blow counts and split spoon soil samples obtained during the boring of 4 wells at the proposed facility site, together with related information, indicates that the soils are very Strong and dense with low plasticity, to a depth of at least 40 feet and, accordingly, well- suited to the construction of the proposed facility using standard foundation construction. Additional soil sampling will be performed prior to actual construction and less suitable soils, if found, can be replaced.
Environmental Concerns
The proposed Midway Terminal site is not located in any area of critical state concern and has no wetlands or other areas of unusual environmental sensitivity. The proposed site does not lie in a flood-prone area. The property has little off-site surface water flow, due to excellent percolation in the upper soil layers. A depression beginning approximately fifty yards south of the southwest corner of the proposed site connects to an intermittent creek that carries any off-site surficial flow under U.S. 90 approximately 1/4 mile south of the site, then into Munroe Creek which flows from Lake Yvette. After approximately three miles, Munroe Creek discharges into the Little River, which after approximately three more miles flows into Lake Talquin.
During construction, any exposed soils will be watered as necessary to minimize dust. Temporary dikes or berms using hay bales or other materials will be used as needed to filter any silted water prior to installment of the drainage system. Following construction of the Midway Terminal, surface water discharge offsite is not expected to exceed preconstruction levels. Under the conceptual plan for the Midway Terminal, approximately 39 percent of the facility site will be impervious. However, natural drainage patterns will be retained in unaltered areas, and any flow from altered areas will be allowed to sheet flow and percolate back into the ground in the swale and buffer areas.
The redundant systems for oil-water separation, physical removal and containment with infrequent releases are reasonably predicted to meet the criterion of 5 parts per million of oils and greases prior to discharge from a tank dike drain or the retention pond. Given the holding time of at least seven days in tank diked areas, the low frequency of annual release from the lined retention pond, and the considerable surface areas provided by these systems, dissolved organic
compounds such as benzene, xylene, toluene, and ED8, which are quite volatile, are reasonably expected based on relevant experience in other facilities to be found in concentrations approximating the level of detection or less prior to discharge. These are conservative analyses because they assume that the applicable State standards of 5 ppm for oils and greases (surface water), 1 ppb for benzene (drinking water), and .02 ppb for EDB (drinking water) apply at the point of release, not after a mixing zone within surface waters or after a zone of discharge with groundwaters. They are also conservative with respect to volatilization of organic hydrocarbons because volatilization would be faster under conditions of heavy rainfall, warmer temperatures, or high winds.
Transgulf has committed to installing a groundwater monitoring system. A monitoring well system will be designed in accordance with state and federal regulations and tailored to the site so that wells will be placed in close proximity to potential source areas at multiple depths, and covering all boundaries of the site, including up gradient.
The impermeable HDPE liners in tank diked areas and settling and retention ponds, along with concrete at the loading area; and bentonite clay under the tanks and at the manifold area will provide significant safeguards against groundwater contamination from routine water release, accidental spill or leak. If contaminated wastewater were released or if an accidental spill or leak were to occur in an unlined area, there is little likelihood of an adverse impact to any Significant groundwater resource because of natural geological conditions at the proposed site. The Midway Terminal site lies over a layer of low permeability Fullers earth type clay ranging in thickness from approximately
16 to 30 feet and beginning at approximately 30 to 65 feet below land surface. Above the Fullers earth lies a highly localized shallow aquifer and below lies the low yielding Hawthorn carbonate aquifer which rests on a layer of low permeability Hawthorn confining material approximately 90 feet thick. The Floridan aquifer, the only regionally important aquifer underlying the site, lies below the Fullers earth and Hawthorne confining layers beginning at a depth of approximately 200 feet and continuing to a depth of approximately 350 feet. If a considerable amount of petroleum product were released onto a pervious surface at the site, contact with even the initial Fullers earth confining layer would be unlikely because the product would tend to float in an effectively quiescent stage atop the slow moving surficial aquifers where dilution, volatilization absorption and biodegration would occur. Nevertheless, assuming pure gasoline came in contact with Fullers earthy due to the confining Fullers earth and Hawthorn formations, it would take on the order of 1,000 years for any hydrocarbon to reach the Floridan aquifer, and dilution alone would reduce benzene to levels at least 100 times below the groundwater standards of one ppb.
Transgulf's plans for a monitoring well system designed to provide early leak detection would allow remedial steps to be taken before the occurrence of any off-site impact. In addition, an appreciable clay content of the soil below a depth of approximately 5 feet would delay wastewater from reaching the surficial water table at a depth of approximately 10 feet and allow natural mitigation.
All site-specific evidence indicates that surface water and groundwater flows at the proposed terminal site are toward the west and southwest away from the Dover catfish ponds to the east and southeast, residences and churches to the north and Lake Yvette to the northwest. Surface water and shallow groundwater flowing from the terminal site to the west and southwest would be intercepted by the existing natural depression in that area
and drain away from the Northwest Florida Water Management District facilities in a south and southwesterly direction to the intermittent creek.
Data gathered from test well-drilling experience at the Northwest Florida Management District site indicate that any drawdown resulting from pumping at Transgulf's Midway Terminal will be quite limited in duration and scope and will have no adverse impact on either quantity or quality of water Lake Yvette. Nor will the installation of approximately 20 acres available at the Water Management District or to residents of impervious surface at the Midway terminal adversely affect local water Supplies because (a) releases to Swales will percolate; (b) 20 acres are only a small percentage of the surface area draining to the depression southwest of the site and an even smaller percentage of the Little River basin; (c) the Transgulf Site is not a recharge area for local residents who might have shallow wells; and (d) Dover's catfish ponds are located in a different drainage basin, with County Road 159 as the watershed divide.
The Florida Department of Environmental Regulation (DER) has issued Transgulf an air permit authorizing construction of the Midway Terminal. In its most recent extension of the permit to July 1, 1988, the DER required Transgulf to submit, at least 30 days prior to the start of construction, its plans specification and calculations for the pollution control equipment Selected for the truck loading facilities to demonstrate that applicable emission standards will be met. The Midway Terminal is not required to obtain a federal air quality permit because it will have less than 100 tons per year in hydrocarbon emissions and is therefore classified as a "minor source" under Environmental Protection Agency (EPA) regulations.
Steps taken by Transgulf to minimize air quality impacts include the fixed roofs on all tanks and sealed internal floating decks on tanks holding volatile materials. These devices will prevent wind shears and the forming of vapors. The vapor recovery system selected for use at the truck loading racks will be designed to meet applicable federal emission standards.
Due to the more central location of the Midway Terminal to the market area, emissions of hydrocarbon, carbon monoxide and nitrous oxides from trucks transporting petroleum products is predicted to be reduced. The Midway Terminal truck traffic emissions will amount to less than 1 percent of the projected background traffic emissions in the area.
The terminal and associated trucks will result in a total of approximately 57 tons per year in emissions of volatile organic compounds (VOC). Approximately 54 tons per year would be attributable to the tanks and the loading racks, with fugitive emissions accounting for approximately 2.21 tons per year and trucks resulting in approximately one ton per year. This corresponds to the VOC emissions that would naturally result from approximately 1,149 acres of pine trees or 352 acres of oak trees. Local air quality impacts from the proposed facility will be minimal.
Transgulf provided a classification of vegetative and wildlife species occurring at the proposed site. The vegetation on site is basically characteristic of the area and consists primarily of mixed hardwood forests and pine. No rare or endangered plants, nor any endangered or threatened wildlife species are known to occur on site. The terminal project will remove some habitat as part of the site is cleared; however, no significant impact on wildlife populations in the area is expected because a considerable amount of naturally vegetated area will remain around the site.
Potential archaeological and historical resources at and near the proposed site were appropriately evaluated. Two archaeological sites exist within the vicinity of the terminal: Site 8Gd296, located on site, which is a Weeden Island habitation site (A.D. 200-A.D. 1,000) with no artifact concentration that is of National Register of Historic Places quality; and Site 8Gd108, which is an archaic lithic site located outside the terminal tract. A third site, 8Gd109, composed of two or three historic cemeteries and located outside and to the east of the proposed terminal tract may be eligible for National Register nomination, and, in any event, has importance to local residents. The cemeteries will not be destroyed as a result of the terminal :3 construction or operation; however a 100-foot buffer of natural woods will be maintained between the cemeteries and the proposed installation to provide a visual buffer. A chain link fence to be covered with prolific native Carolina jasmine and Cherokee rose, along with an irrigation system to Stimulate the rate of growth, will be placed inside a fifty-foot buffer adjoining the cemeteries; with an additional fifty-foot buffer inside the fence. This plan for the cemeteries is an appropriate mitigation concept. A fifty-foot buffer will also be retained at other boundaries of the proposed site to screen aesthetic impact.
While the terminal itself will create no noise impacts on the local area, noise from the anticipated terminal traffic, approximately 150 tanker truck trips per days will have some impact upon homes and churches in the immediate vicinity of the terminal. Noise increases will occur; especially during truck accelerations, but the expected levels are substantially below the Florida Department of Transportation's criteria for sensitive receptors.
Economic Impacts
The Midway Terminal will be constructed in one phase and will require an average of approximately thirty persons over an estimated twelve month period of construction. The estimated payroll during construction is approximately
$3.8 million. The payroll for the three permanent employees will be approximately $70,000 per year. The total improved value of the Midway Terminal facility and site is estimated at $10.7 million. The total improved value of other facilities Transgulf intends to place in Gadsden County if the Midway Terminal is approved is approximately $16.8 million, approximately $12.4 million of which will be expended on facilities that can be placed in counties other than Gadsden within the region. Thus, the total improved value of Transgulf's property in Gadsden County following approval of the Midway Terminal will be approximately $27.5 million.
Gadsden County is a predominantly rural, revenue poor county. Many homeowners in the County pay no ad valorem taxes because the value of their homes is less than the homestead exemption cap. The County's per capita tax revenue, adjusted for inflation was $112 in 1979 but had fallen to $95 by 1984, representing a drop of 15 percent in the ability of the County to provide goods and services to the public. Transgulf's $10.7 million terminal investment alone would increase the County's ad valorem tax base by 4 percent, resulting in an approximately $4.56 per capita increase in tax revenue or a total of $167,600 to
$199,700 per year depending on the applicable millage rate. Transgulf's discretionary investment; if made in Gadsden County, would more than double that amount, and its total potential investment, including the pipeline conversion; would produce annual Gadsden County tax revenues of $432,000 or greater. These revenues are significant because Gadsden County is at the ten-mill constitutional cap on ad valorem taxes and its total tax base grew at a rate less than half that of the State as a whole from 1979 to 1984. Nonresidential
investment is also a more effective producer of net ad valorem tax revenues than residential development, because the latter is subject to the $25,000 homestead exemption and typically generates a greater demand for public services.
There will be no negative impact on fire insurance availability on rates to homeowners if the proposed terminal is built at Midway.
Petroleum products presently arrive to the 12-County market area by way of longer truck trips from Panama City, St. Marks, Jacksonville, and Bainbridge, Georgia. The average price of Liquid petroleum products within the market area is approximately 5 cents per gallon higher than the statewide average. Transgulf's Midway Terminal would be at the modal interface of major highway routes and the pipeline, as well as nearer the center of the market area. With increased competition, the price of petroleum products in the market area is likely to fall by 4.76 cents per gallon to approximately the statewide average. The resulting substantial savings to consumers in the region would be approximately $11 million per year. Because other means of transport could be expected to adjust prices to meet the increased competition, it is anticipated that few, if any, jobs will be displaced in the region.
Local government might incur some cost in the event of a fire or other emergency at the proposed Midway Terminal. The closest fire department to the site are the Quincy Fire Department and the Havana Volunteer Fire Department, neither of which are trained or equipped for fighting petroleum fires. Even if they, or Tallahassee; should be called upon for aid or assistance; the Self- Sufficient fire prevention and fire fighting Capabilities of the Midway Terminal would minimize the governmental costs of such Services.
Impact on Public Facilities
Neither public water facilities nor public sewer facilities will be relied upon at the Midway Terminal. The demand for electricity at the terminal can readily be handled by Talquin Electric Cooperative, Inc.
The amounts of domestic trash will be small and disposed of through a public landfill. Any residue removed from storage tanks will be returned to a refinery for reprocessing or appropriately disposed of at a permitted disposal facility.
Monitoring, security lighting and fencing will be provided to protect the proposed facility. Public health care facilities are available in Gadsden and Leon Counties for providing any needed emergency medical treatment. General first aid will be provided on site.
As noted above, the Midway Terminal will be designed, constructed and operated to place minimal reliance and burden on public firefighting facilities. The covered, floating roof Storage tanks remove the danger of lightning strikes or other ignition Sources. Fire risks from tank overfills, Should they occur, are minimized by graded dikes and combustible gas monitors. The truck loading area will have significant fire prevention features. If the redundant fire prevention systems were to fail, the automatic, Self-contained Systems at the tanks and loading areas are designed to effectively extinguish a fire. If the automatic devices are not triggered for some reason, the fixed fire fighting systems can be manually run without the need for further local firefighting equipment. A fifteen minute response time is not inadequate or inappropriate given the design and capabilities of this proposed terminal. Transgulf's design and self-sufficient approach to fire prevention and protection should enable it
to control any potential fire on-site independent of local support. Transgulf is committed to provide fire safety training to local fire departments, its employees and truckers who utilize the facility; to develop detailed evacuation plans, and to enter mutual assistance agreements where helpful.
Public Transportation Facilities
Trucks using the Midway Terminal will enter County Road 159 at its intersection with U.S. 90, and will then travel north approximately three quarters of a mile down County Road 159 to the entrance of the terminal site. After loading, the trucks will exit into County Road 159 and travel south to the
U.S. 90 intersection where they will turn either northeast or southwest onto
U.S. 90 in order to distribute the petroleum products to the market area. Transgulf has agreed to provide, at its own costs, certain transportation improvements to County Road 159 to bring it from a second class to a first class road. These improvements include the repaving and widening of County Road 159 from the site entrance to U.S. 90 and the construction of acceleration and deceleration lanes at the site entrance. Transgulf has also agreed to the installation of a flashing beacon, advance warning and yield signs and geometric improvements to the intersection of County Road 159 and U.S. 90, warning signs on County Road 159 and a sign restricting truck traffic from using the roadway north of the site. In addition, Transgulf has committed to provide Orval Pettis, who resides and conducts his business south of the site but travels north across a portion of the site to County Road 159, a new driveway connecting his property to County Road 159, should he desire this improvement.
Total truck mileage for the delivery of liquid petroleum products within the anticipated market area will actually decrease as a result of the Midway Terminal location, thus lessening the impact on public highways. With the improvement to County Road 159 agreed to be undertaken by Transgulf at its own expense, existing regional and local transportation facilities have the capacity to accommodate the volumes of truck traffic associated with the proposed terminal.
Housing
The proposed Midway Terminal should have no impact on either the temporary or permanent demand for housing in the area.
Energy Resources
The location of the liquid petroleum storage and loading facility at the proposed Site will ensure more adequate and reasonably priced gasoline and other energy supplies for the 12-county market area. Truck transportation from more distant, existing sources of supply will be reduced, thus conserving energy. Location of the terminal near the pipeline also minimizes the energy consumed in pumping. Further, the air pollution control equipment proposed for the facility will Significantly reduce vapor loss and save quantities of petroleum products.
CONCLUSIONS OF LAW
An applicant for approval of a development of regional impact (DRI) must demonstrate that the proposed project meets the applicable statutory criteria for approval. The project need not be impact-free. Rather, the DRI process is one of balancing favorable and unfavorable regional impacts based
upon all the evidence. Graham v. Estuary Properties; Inc., 399 So.2d 1374 (Fla. 1981).
The intervenors in this proceeding have contended that Transgulf is not entitled to approval of its proposed Midway Terminal for Several reasons. First, it is urged that denial is mandated because Transgulf has no ownership or other legal interest in the land for which a DRI is proposed. Second, it is argued that the original application for development approval (ADA) was not sufficient or complete and that further information and changes in the project cannot be supplied or considered during the de novo hearing on the proposed project. It is also contended that in order to overturn or reverse a local government decision in the DRI process, an overriding regional public interest must be established. Intervenor Dover strongly argues that the resolution of this case is a land use decision and that the Florida Land and Water Adjudicatory Commission must not substitute its judgment for the County's decision in its capacity as a land use planner. Finally, the intervenors urge that the adverse impacts with regard to public safety and environmental concerns far outweigh any local or regional benefit to be derived from the proposed project; thus mandating denial of the application.
Ownership of the property is not essential to the submission of an application for development approval. There is no requirement in Chapter 380; Florida Statutes, that an applicant have an ownership or other legal interest in the land for which a DRI is proposed. Indeed, "owner" and "developer" are recognized as separate entities by Section 380.07(2); Florida Statutes, and the definition of "developer" in Section 380.031(2), Florida Statutes, does not include the requirement of property ownership.
Transgulf has adequately demonstrated that it has the potential to acquire the subject 51-acre parcel of land either through a negotiated purchase or an exercise of the power of eminent domain, pursuant to Section 361.06, Florida Statutes. That statute confers upon duly incorporated petroleum product pipeline companies all rights of eminent domain for the purposes of
"acquisition of rights of way for the installation, operation, maintenance, repair and replacement of its pipelines and all structures, pumping stations and
other installations and works incident thereto.
"Whether or not the storage terminal constitutes a "structure" or "other installations and works incident" to the pipeline is not an appropriate issue to be determined in this proceeding. It is sufficient that Transgulf has adequately demonstrated its potential ability to obtain ownership of the land in question. A development order can be appropriately conditioned upon Transgulf's acquisition of the proposed Site, so as not to unduly restrict the future use of the land for other purposes should such acquisition not occur within a reasonable period of time.
The issue of the completeness or sufficiency of the original ADA Submitted by Transgulf in 1978 is, at this point in time, irrelevant to a disposition of the issues in this proceeding. It is the responsibility of the regional planning agency, not the local government or the Florida Land and Water Adjudicatory Commission, to determine whether an ADA is sufficiently complete for it to discharge its responsibilities. Section 380.06(9), Florida Statutes. The Apalachee Regional Planning Council fulfilled its responsibilities by first requesting additional information; and then notifying Gadsden County on December
18, 1978, that a public hearing could be set. This constituted a determination by the ARPC that the application was sufficient for it to discharge its responsibilities (See Section 380.06(10), Florida Statutes), and the correctness of this determination can not be challenged some six and one-half years later.
The intervenor Dover further contends that because of the changes in design of the project between the time of Transgulf's original application and the commencement of this administrative proceeding over six years later, the whole matter must somehow be resubmitted to the ARPC for review. This contention is likewise without merit. First, given the lapse of time that has occurred it was absolutely proper, indeed necessary, for Transgulf to update and refine its proposed project in light of technological and regulatory changes, its experiences with a similar project in Kissimmee, Florida and awareness of the concerns of the parties in this proceeding. The "substantial deviation" provisions of Chapter 380.06(17) apply only to changes to a "previously approved" DRI, and not to an original application progressing through the review process. Indeed, the DRI process in its entirety contemplates changes, additions and/or modifications to an original proposal. In balancing the interests required by statute, compromises, conditions and modifications are permissible as long as the record contains evidence supporting the changes, Section 380.07(4) Florida statutes; and Graham v. Estuary Properties, Inc., supra. The evidence adduced in this proceeding sufficiently details Transgulf's terminal proposal and its predicted impacts so as to perform the balancing required for determination. It should be noted that neither the ARPC nor the Department of Community Affairs, though noticed of these proceedings, has sought to intervene as parties. Gadsden County has been a party in the proceeding since 1979; and has had the opportunity to apprise itself fully of the plans for the proposed terminal proceeding.
The intervenor Dover next contends that the decision of Gadsden County, as expressed in its Order denying development approval, can not be set aside in the absence of some overriding regional public interest, and that deference should be given to the County's land use decision in this case and overruled only if an abuse of discretion can be demonstrated.
While the instant administrative proceeding is designated by statute as an appeal" (Section 380.07 Florida Statutes), it is not an "appeal" in the usual technical sense and there is no presumption of correctness to the Order from which the appeal is taken. This is made clear in Section 380.07(3), Florida Statutes, which mandates the conduct of a hearing pursuant to the provisions of Chapter 120; Florida Statutes. The Order "appealed" then becomes the preliminary agency action and the Chapter 120 proceeding, if timely sought, is intended to formulate the final agency action, and not to review the action taken preliminarily. McDonald v. Department of Banking and Finance, 346 So.2d 569 (Fla. 1st DCA, 1977).
In this de novo proceeding, each party, including the County, is given the opportunity and responsibility to develop and demonstrate, with various shifting burdens of proof, its respective position concerning the issues for determination. Transgulf had the initial burden of going forward and the continuing ultimate burden of establishing that its proposal met the statutory criteria for approval. The burden then shifted to the other parties; including the County; to demonstrate that the proposal would have adverse regional impacts or would be inconsistent with state or local land development plans or regulation whereupon the burden Shifted back to Transgulf to show how any proven adverse impact or nonconsistency could be avoided or mitigated. In this proceeding; no special weight attaches to Gadsden County's initial Order of
denial, and its position on the matter; like the position of the other parties, is Subject to proof adduced at the hearing.
The statutory scheme for DRI reviews, as set forth in Section 380.06, Florida Statutes; requires that the regional planning agency identify regional issues based upon enumerated criteria and make recommendations to the local government. Proposals must be evaluated and recommendations must be made in consideration of whether, and the extent to which:
The development will have a favorable or unfavorable impact on the environment and natural resources of the region.
2 The development will have a favorable or unfavorable impact on the economy of the region.
The development will efficiently use or unduly burden water, Sewer, solid waste disposal or other necessary public facilities.
The development will efficiently use or unduly burden public transportation facilities.
The development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places
of employment.
The development complies with such other criteria for determining regional impact as
the regional planning agency deems appropriate, including, but not limited to, the extent to which the development would create an additional demand for, or additional use of, energy, provided such criteria and related policies have been adopted by the regional planning agency pursuant to s. 120.54.
Regional planning agencies may also review and comment upon issues which affect only the local government entity with jurisdiction pursuant to this section; however, such issues shall not be grounds for or be included as issues in a regional planning agency appeal of a development order under
s. 380.07." Section 380.06(11)(a), Florida Statutes.
Chapter 380 further requires local governments to consider and determine whether, and the extent to which
The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area;
The development is consistent with the local land development regulations; and
The development is consistent with the report and recommendations of the regional planning agency submitted pursuant to sub- section (11)." Section 380.06(13), Florida Statutes.
Applying these statutory standards to the totality of the evidence adduced at the hearings it is clear that Transgulf is entitled to approval, with certain conditions, of its proposed Midway Terminal project. With certain conditions of construction and operation, to which Transgulf has agreed, the proposed facility should have no significant impact upon local or regional surface water, groundwater, ecological, geological; biological archaeological or historical resources. The retention of water drawn from tank bottoms within the lined diked areas for a period of at least seven days will prevent the discharge of dissolved organic compounds into surface waters or groundwaters. The retention pond will be sized and designed so as to permit discharges on an infrequent basis of only four or five times per year, and only from a point at least 50 feet within the site boundaries. A groundwater monitoring system tailored to this site and in accordance with applicable federal and state regulation would allow remedial steps to be taken should conditions warrant. These mitigating features; along with the plans and design for the facility, should adequately protect groundwater and surface water resources within the area. The increase in noise levels immediately adjacent to the facility and along County Road 159 was not proven to be unreasonable, and there should be no significant unfavorable impact upon local or regional air quality. The 100-foot buffer between the cemeteries and the terminal will maintain the sanctity of these areas and will, along with the 50-foot buffer around the entire site, provide a visual screening for aesthetic purposes. In sum, neither the environment nor the natural resources of this area will be adversely affected by the proposed Midway Terminal.
The impact of the project upon the economy of both the region and Gadsden County will be Substantially favorable. Consumers of liquid petroleum products will realize cost savings and the County will receive substantial tax revenues from the placement of the facility in Gadsden County. The fact that these same economic benefits might be realized at another site within Gadsden County is not relevant and not determinative of any issue in this proceeding. First, Transgulf has not applied to locate its terminal at any other site within Gadsden County. And second, the evidence demonstrates that alternative sites; both within and without Gadsden County, have been evaluated and the subject Midway site was determined to be superior.
The evidence demonstrates that the proposed terminal facility is designed to be Significantly Self-contained and self-sufficient. As such; it will efficiently use and will not create any significant burden upon local or regional water, Sewer, solid waste, electric; firefighting, public safety or public health facilities. Based upon Transgulf's Self-contained fire prevention, detection and fighting system, with redundant backup Capabilities, it is highly unlikely that a significant fire at the site will occur and even more unlikely; if a fire does occur, for it to escape the premises of the terminal. Transgulf has agreed to place the storage tanks at least one tank diameter away from the Inside area of the vegetated buffer areas. Also, each tank will be surrounded by either individual dikes or intermediate dikes within a common area. Transgulf has committed itself to utilizing state-of-the-art equipment and techniques and to comply with or exceed all fire prevention and safety regulations. The entire concept and plans for this project are to mitigate any danger from fire to the greatest extent possible.
The Midway Terminal is located nearer the market area than existing sources of petroleum products and the major arterial highways (U.S. 90 and Interstate 10) are capable of handling the expected traffic utilizing the terminal. Regional truck traffic on minor, less improved roads will decrease as
a result of the closer source of supply. While County Road 159 would be burdened if unimproved between the terminal's driveway and its intersection with
U.S. 90, Transgulf has agreed to make all necessary improvements at its own expense. As such, regional transportation facilities will be less burdened and local transportation facilities will be improved.
The accessibility of housing in the area will not be affected by the proposed Midway Terminal.
With regard to energy resources, the proposed facility will make sources of energy available to consumers in the region at lower costs and will create energy savings from reduced truck miles.
There is no inconsistency between the proposed Midway Terminal and the State Comprehensive Plan. Other than its comprehensive plan, Gadsden County has no local land development or zoning regulations applicable to the proposed Midway site. In spite of the fact that this proceeding has been pending since 1978, the County has not elected to zone this area for residential use and has, indeed, permitted commercial and industrial uses in the vicinity of the proposed site. The existence of the Midway Terminal will be in general compliance with the broad policy directives of the Gadsden County Comprehensive Plan and will be generally compatible with the mixture of land uses that has developed in the area surrounding the proposed site. The County has failed in this proceeding to present any competent substantial evidence that the location of the terminal at the proposed site would be contrary to any local land use plans or regulation.
Finally, the development as proposed by Transgulf is consistent with, and indeed exceeds, the recommendations and conditions Suggested by the Apalachee Regional Planning Council, which recommended approval.
In balancing the statutory criteria discussed above, it can readily be determined that the proposed development of the Midway Terminal meets the statutory criteria for approval; with certain conditions. Transgulf has adequately demonstrated that it intends to design, construct and operate the proposed storage and loading facility in such a manner that any local or regional impacts resulting therefrom will be of either a favorable or an insignificant nature. Transgulf has amply demonstrated its willingness and ability to take appropriate measures to mitigate any potential adverse impacts which may arise from the facility's construction and operation.
Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Florida Land and Water Adjudicatory Commission enter a Final Order approving Transgulf's proposed liquid petroleum products storage and truck loading terminal near Midway, subject to the following conditions:
In coordination with the Gadsden County Engineer and the Florida Department of Transportation; Transgulf shall make and bear the expense of the following road improvements:
A flashing beacon at and the geometric improvement of the intersection of U.S. 90 and County Road 159, and advance warning and yield signs to that intersection;
The reconstruction and widening of County Road 159 from Transgulf's driveway to U.S. 90, and tie construction of acceleration and deceleration lanes at the site entrance;
The installation of warning signs alerting drivers of the site entrance, as well as a sign restricting truck traffic from using the roadway north of the site; and a driveway for Mr. Orval Pettis which provides him access to County Road 159 from his property, if he so desires.
A fifty-foot buffer of trees shall be maintained around the entire perimeter of the site, with an additional fifty-foot buffer of trees adjacent to the cemetery sites.
There shall be a distance of at least one storage tank diameter between any tank and the inside edge of the vegetative' buffer.
Water withdrawn from tank bottoms shall be retained within the diked areas for a period of at least seven days prior to discharge.
The retention pond shall be sized so as to hold at least 1.7 million gallons of water and located so as to ensure that any discharge occurs only from a point or points located at least 50 feet within the site boundaries.
A reliable and site-specific groundwater monitoring system shall be installed in cooperation with the Department of Environmental Regulation so as to monitor all potential source areas at multiple depths and to cover all boundaries of the site.
Each storage tank shall be surrounded by either an individual and separate dike or intermediate dikes within a diked area.
The facility shall be finally designed, constructed and operated so as to provide a self-contained and self-sufficient fire prevention, fire detection and firefighting system.
A detailed evacuation plan for the terminal facility and residents along St. Johns Church Road shall be developed in cooperation with local fire and law enforcement departments and Transgulf shall provide at is expense needed fire safety training to local fire departments and pursue the entering of mutual assistance agreements which may promote the safety of the terminal and the Surrounding areas.
The approval granted by this Order is expressly conditioned upon and is of no force or effect until such time as, or at the end of three years from the date of the Final Order, whichever first occurs, Transgulf acquires legal ownership of the proposed Midway terminal site.
Respectfully submitted and entered this 12th day of November, 1985, in Tallahassee, Florida.
DIANE D. TREMOR
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 12th day of November, 1985.
APPENDIX
The proposed findings of fact submitted by the petitioner Transgulf Pipeline Company and the intervenor Henry Baker Dover have been accepted and incorporated in this Recommended Order, except as noted below:
Transgulf
40. Rejected; irrelevant and immaterial.
43. Rejected; as irrelevant and immaterial.
Dover
Rejected; not supported by competent substantial evidence.
Rejected; irrelevant and immaterial.
30-32. Rejected; not dispositive or material in light of Finding of Fact
41.
59. Rejected; contradicted by other competent substantial evidence.
64. Rejected; contradicted by other competent substantial evidence. 78-81. Rejected; irrelevant and immaterial and constitutes legal
conclusions as opposed to factual findings.
90. Rejected; contradicted by other competent substantial evidence.
99. Rejected; not dispositive of any substantive issue in this proceeding.
102. Rejected in part as constituting a legal conclusion as opposed to a factual finding.
115. Rejected; contradicted by other competent substantial evidence.
COPIES FURNISHED:
Honorable Bob Graham Governor
State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Jim Smith Attorney General State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Doyle Conner Commissioner of Agriculture The Capitol
Tallahassee, Florida 32301
Honorable Ralph Turlington Commissioner of Education The Capitol
Tallahassee, Florida 32301
Honorable George Firestone Secretary of State
The Capitol
Tallahassee, Florida 32301
Honorable Bill Gunter
State Treasurer and Insurance Commissioner
The Capitol
Tallahassee, Florida 32301
Honorable Gerald Lewis Comptroller
State of Florida The Capitol
Tallahassee, Florida | 32301 |
Gary P. Sams Peter C. Cunningham Steven A. Medina Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida | 32314 |
Joann G. Slay Harnett, Curry & Slay Post Office Box 391 Quincy, Florida 32351 | |
Terry Cole Kenneth G. Oertel Oertel & Hoffrman 2700 Blair Stone Road Suite C Tallahassee, Florida | 32301 |
Sally G. Munroe
107 South Bronough Street Tallahassee, Florida 32301
Marva A. Davis
229 East Washington Street Quincy, Florida 32351
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AGENCY FINAL ORDER
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BEFORE THE STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
TRANSGULF PIPELINE COMPANY, )
)
Petitioner, )
)
vs. ) CASE NO. 79-1254
) BOARD OF COUNTY COMMISSIONERS ) OF GADSDEN COUNTY, FLORIDA, )
)
Respondent, )
and )
) MIDWAY COMMUNITY COUNCIL, INC. ) and HENRY B. DOVER, )
)
Intervenors. )
)
FINAL ORDER
This matter came before the Florida Land and Water Adjudicatory Commission on January 21, 1986, in Tallahassee, Florida, for final decision on a proposed development of regional impact pursuant to Section 120.57(1)(b)9 and 380.07(3), (4), Florida Statutes, and Rules 27G-1.09, 27G-1.11, and 28-5.405(2), (3), Florida Administrative Code.
The parties were represented by:
For Petitioner Wade L. Hopping Transgulf Pipeline Gary P. Sams Company: Peter C. Cunningham
Steven A. Medina
Hopping Boyd Green & Sams
420 First Florida Bank Bldg. Post Office Box 6526 Tallahassee, Florida 32314
For Respondent Joann G. Slay
Board of County Harnett, Curry & Slay
Commissioners: Post Office Box 391 Quincy, Florida 32351
For Intervenor Kenneth G. Oertel
Henry B. Dover: Terry Cole Oertel & Hoffman
2700 Blair Stone Road, Suite C Tallahassee, Florida 32301
and Sally Munroe
107 South Bronough Street Tallahassee, Florida 32301
For Intervenor Marva Davis
Midway Community 229 East Washington Street Council, Inc.: Quincy, Florida 32351
and Sally Munroe
107 South Bronough Street Tallahassee, Florida 32301
Having considered the evidence of record, argument of counsel and interested persons, the Recommended Order of the Hearing Officer of the Division of Administrative Hearings, Department of Administration, dated November 12, 1985 (attached and incorporated as Appendix A), and the Intervenors' Exceptions to Hearing Officer's Recommended Order and Initial Brief filed on December 12, 1985, and being fully advised in the premises, it is:
ORDERED:
Rulings on each of the Intervenors' exceptions to the Hearing Officer's Recommended Order filed on December 12, 1985, as required by Rule 28-5.405(3), Florida Administrative Code, are set forth below in the Commission's Response to Exceptions.
The Hearing Officer's Recommended Order dated November 12, 1985, including its Findings of Fact, Conclusions of Law, Recommendation and Conditions, is hereby adopted and incorporated by reference herein with the following changes:
Intervenors' Exception 19 acknowledged the existence of a typographical error in Finding of Fact 48. Finding of Fact 48 is corrected to read:
(48) Data gathered from test well-drilling ex- perience at the Northwest Florida Management District site indicate that any drawdown resulting from pumping at Transgulf's Midway Terminal will be quite limited in duration and scope and will have no adverse impact on either quantity or quality of
water <<available at the Water Management District or to residents of>> Lake Yvette. Nor will the instal- lation of approximately 20 acres [[available at the Water Management District or to residents]] of imper- vious surface at the Midway terminal adversely af-
fect local water supplies because (a) releases to swales will percolate; (b) 20 acres are only a small percentage of the surface area draining to the de- pression southwest of the site and an even smaller percentage of the Little River Basin; (c) the Trans- gulf site is not a recharge area for local residents who might have shallow wells; and (d) Dover's catfish ponds are located in a different drainage basin, with County Road 159 as the watershed divide.
Note: In the above quotation, language added to the statute is within the <<>>; deleted language is within the [[]].
The Commission modifies condition 10 on page 41 of the Recommended Order in order to clarify that site acquisition within three years from the date of this Final Order, excluding time during any appeals or other contested judicial or administrative proceedings, is required for the permission to develop approved by this Final Order to take effect. This Final Order becomes effective immediately upon entry.
Condition 10 on page 41 is modified to read:
(10) The <<permission to develop>> [[approval]] granted by this <<Final>> Order is expressly condi- tioned upon and is of no force or effect until such time as[[, or at the end of three years from the date of the Final Order, whichever first occurs,]] Transgulf acquires legal ownership of the pro- posed Midway terminal site<<.; in addition, Trans- gulf must acquire ownership of the proposed
Midway terminal site within three years from the date of this Final Order, excluding time during any appeals or other contested judicial or administrative proceedings, to render the permission to develop effective.>>
Exceptions to the Recommended Order by Intervenors,
<<Midway Community Council, Inc., & Henry B. Dover>>
Note: In the above quotation, language added to the statute is within the <<>>; deleted language is within the [[]].
Intervenors' 1st exception is denied. The exception addresses an introductory matter which is not dispositive of any issue before the Commission. Moreover, the Hearing Officer accurately reflected the conduct of the hearing.
Intervenors' 2nd exception is denied. Section 120.57(1)(b)(9), Florida Statutes, governs an agency's scope of review of a Hearing Officer's findings of fact in a recommended order. Section 120.57(1)(b)(9), F.S., provides in pertinent part:
[An Agency] may not reject or modify the find- ings of fact unless the agency first determines from a review of the complete record, and states with particularity in the order, that the findings of fact were not based upon com- petent substantial evidence or that the pro-
ceedings on which the findings were based did not comply with essential requirements of law.
This exception presents no basis for rejection or modification of a finding of fact.
Intervenors' 3rd exception is denied. The Hearing Officer's Order dated August 13, 1979 (attached and incorporated as Exhibit B), reviewed by the First District Court of Appeal, correctly concluded that the timely filing of the notice of appeal by Petitioner with at least five of the seven members of the Commission was sufficient to satisfy Section 380.07(2), Florida Statutes.
Section 380.07(2) reads in pertinent part:
Within 45 days after the [development] order is rendered,...the developer...may appeal the order to the Florida Land and Water Adjudica- tory Commission by filing a notice of appeal with the Commission. (Emphasis supplied)
The remainder of the exception is immaterial and an improper characterization of the Recommended Order to the extent it implies the Hearing Officer addressed the public convenience and necessity of the entire pipeline project.
Intervenors' 4th exception is denied. The Finding of Fact is a factual recitation of relevant proceeding before the Federal Energy Regulatory Commission relating to the proposed Midway Terminal. The exception incorrectly characterizes the Recommended Order as giving F.E.R.C. staff conclusions res judicata effect.
Intervenors' 5th exception is denied. This exception is denied because the Hearing Officer's Finding of Fact was based upon competent substantial evidence. The second paragraph of the exception is an incorrect characterization of the Recommended Order, which did not rely on the detailed plans and designs of the Kissimmee Terminal.
The Intervenors' 6th exception is denied. The Finding of Fact was based on competent, substantial evidence. The Commission finds that estimated savings in transportation costs was relevant.
The Intervenors' 7th exception is denied. The Hearing Officer's finding that the conceptual design for the proposed Midway Terminal includes 17 storage tanks is based on competent substantial evidence.
The Findings of Fact in the Recommended Order were based on competent, substantial evidence, therefore, exceptions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 to the Findings of Fact in the Recommended Order are rejected.
Intervenors' 19th exception, which acknowledges the existence of a typographical error in the Recommended Order's Finding of Fact 48, is granted. The Finding of Fact as corrected is supported by competent, substantial evidence.
Intervenors' exceptions 20, 21, 22, 23, 24, and 25 are denied. The Findings of Fact in the Recommended Order were based on competent, substantial evidence.
Intervenors' 26th exception that Transgulf lacks standing to file an application for development approval or to appeal the denial of the application by the County Commission is denied. Present ownership is not a requirement to apply for development of regional impact approval or to bring an appeal to the commission. Section 380.031(2), 380.07(2), Florida Statutes, see also Londono
v. City of Alachua, 438 So.2d 91, 93 (Fla. 1st DCA 1983)("The Owner of the lands for which development is sought by DRI application, and the developer, may be different persons..."); Section 380.08, Florida Statutes, from which Intervenors infer a property ownership requirement was intended to protect applicants from unduly restrictive denials or conditions of permission to develop.
Intervenors' 27th exception alleging that Transgulf has not demonstrated that it had the potential to acquire the 51 acre tract and that Transgulf does not have the statutory authority to take the land through eminent domain is denied. The Florida eminent domain statute confers upon common carriers of petroleum products all rights of eminent domain for the purposes of "acquisition of rights-of-way for the installation, operation, maintenance, repair and replacement of its pipelines and all structures, pumping stations and other installations and works incident thereto." (Section 361.06, Fla. Stat.) (Emphasis added)
Intervenors' 28th exception is denied. In order to remove any ambiguity, the condition is appropriately reworded in the Final Order.
Intervenors' 29th exception is denied. This exception represents an incorrect characterization of the Recommended Order, which correctly held that authority to determine application sufficiency is given to the regional planning agency. Section 380.06(10), Florida Statutes (1985). The statutory scheme for DRI reviews, as set forth in Section 380.06, Florida Statutes, requires that the regional planning agency identify regional issues based upon enumerated criteria and make recommendations to local government.
Intervenors' 30th exception argues that the Hearing Officer erred when she concluded that the changes in Transgulf's projects were not "substantial deviations". Intervenors' 30th exception is denied on the ground that the "substantial deviation" provisions of Chapter 380.06(17) apply only to changes to a "previously approved" DRI, and not to an original application progressing through the review process.
Intervenors' 31st exception argues that Gadsden County's initial order denying Transgulf's ADA should not be set aside without proof by Transgulf of some overriding regional public interest or if some abuse of discretion can be demonstrated. Intervenors' 31st exception is denied. The Hearing Officer correctly found that in a Chapter 380 proceeding, no special weight attaches to Gadsden County's initial Order of Denial.
Intervenors' 32nd exception is denied. The Hearing Officer's conclusions concerning the safety and impact of the proposed project on the region are based upon competent, substantial evidence.
Intervenors' 33rd exception is denied. The Hearing Officer's determination that the proposed terminal will be compatible with the mixture of land uses that have developed in the area surrounding the proposed site is based on competent, substantial evidence. Intervenors further argue in exception 33 that Transgulf must prove that the proposed facility will produce substantial regional benefits in order to reverse the County's original decision. This
point has been previously addressed in the response to Intervenors' 31st exception.
Intervenors' 34th exception is denied. The Hearing Officer in her Recommended Order has determined the conditions necessary for approval based upon competent substantial evidence adduced at hearing of Petitioner's design, construction and operation commitments, as set forth in Findings of Fact 21 through 41.
Done and Entered this 28th day of January, 1986, in Tallahassee, Florida.
Glenn W. Robertson, Secretary to the Florida Land and Water Adjudicatory Commission
Copies to: Members of the Commission
Counsel of Record
Gadsden County Board of County Commissioners Apalachee Regional Planning Council Department of Community Affairs
Diane D. Tremor, Hearing Officer
| Issue Date | Proceedings |
|---|---|
| Nov. 14, 1985 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jan. 28, 1986 | Agency Final Order | |
| Nov. 14, 1985 | Recommended Order | Development of Regional Imapct (DRI) approved. Ownership of land was not required. Only need potential to acquire land. Petroleum storage/terminal was consistent with state/local plans. |
STUART YACHT CLUB AND MARINA, INC. vs DEPARTMENT OF NATURAL RESOURCES, 79-001254 (1979)
ALEXANDER BREST TRUST vs. DEPARTMENT OF NATURAL RESOURCES, 79-001254 (1979)
DONALD FLYNN AND BEVERLY FLYNN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, 79-001254 (1979)
PORT EVERGLADES AUTHORITY vs. DEPARTMENT OF ENVIRONMENTAL REGULATION, 79-001254 (1979)
