/|-2-16 - @ ST. JOHNS RIVER WATER MANAGEMENT DISTRICT “s LY CHARLES H. GRIFFIN, Petitioner, v Ae r é ST. JOHNS RIVER WATER q frye MANAGEMENT DISTRICT, . CASE NO. 98-0818 iV A! é . CLs } Respondent, : and LIVE OAK PLANTATION NO. 1, LTD., Intervenor. @ MICHAEL D. RICH, a citizen of the State of Florida, and COALITION FOR RESPONSIBLE ECONLOCKHATCHEE DEVELOPMENT, INC., a not-for-profit corporation of the State of Florida, Petitioners, v. ST“3OHNS RIVER WATER MANAGEMENT DISTRICT, CASE NO. 98-0819 Respondent. and LIVE OAK PLANTATION NO. 1, LTD., Intervenor. FINAL ORDER @ Pursuant to notice, the Division of Administrative Hearings (DOAR), by its duly designated Administrative Law Judge, the Honorable Mary Clark, held a formal hearing in the above-styled consolidated cases on July 14-17, 1998, in Orlando, Florida. é f] For Petitioners: Rich and C-RED For Petitioner: Griffin For Respondent: Live Oak For Respondent: District A. APPEARANCES Scott M. Price, Esquire J. A. Jurgens, P. A. 505 Wekiva Springs Road Longwood, Florida 32779 Charles H. Griffin, pro se 250 West 7th Street Chuluota, Florida 32766 e Michael L. Gore, Esquire Meredith A. Harper, Esquire Ken W. Wright, Esquire Shutts and Bowen, LLP 20 North Orange Avenue Suite 1000 Orlando, Florida 32801 Anthony J. Cotter, Esquire - St. Johns River Water : Management District P. O. Box 1429 Palatka, Florida 32178-1429 On November 2, 1998, Judge Mary Clark submitted to the St. Johns River Water Management District, and ail other parties to this proceeding, a Recommended Order, a copy of which is attached hereto as Exhibit A. Petitioners, Michael D. Rich and the Coalition for Responsible Econlockhatchee Development, Inc. (C-RED), timely filed exceptions to the Recommended Order on November 17, 1998. However, following the execution of a mediation settlement agreement on November 24, 1998, with Respondent, Live Oak Plantation No. 1, Ltd., (Live Oak), Petitioners Michael Rich and C-RED filed a Notice of Voluntary Withdrawal of Exceptions to the Recommended Order on November 30, 1998. This matter then came before the Governing Board on December 8, 1998, for final agency action. B. STATEMENT OF THE ISSUES The central issue in this case is whether Live Oak’s application for a conceptual - approval environmental resource permit should be approved pursuant to Chapter 373, Florida Statutes, and Chapters 40C-4, 40C-41, and 40C-42, Florida Administrative Code. ACCORDINGLY, IT IS HEREBY ORDERED: 1. The Recommended Order dated November 2, 1998, attached hereto as Exhibit A, is adopted in its entirety except as modified below. 2. The following typographical error is corrected in paragraph 108 of the Recommended Order: the reference to “Applicant’s Handbook Section 123.2.1” should read.“‘Applicant’s Handbook Section 12.2.1.” 4 3. The following modification is made in paragraph 97 of the Recommended Order: reference to paragraph “i” of 40C-4.301(1) should be deleted from the first sentence, because paragraph 40C-4.301(1)(i) is applicable to Live Oak’s application. The Governing Board may reject or modify conclusions of law and interpretation of administrative rules over which it has substantive jurisdiction. § 120.57(1)(j), Fla. Stat. (1997). Although all exceptions have been voluntarily withdrawn, the Governing Board’s authority to modify the Recommended Order is not dependent on the filing of exceptions. Westchester General Hospital v. DHRS, 419 So. 2d 705 (Fla. Ist Dist. Ct. App. 1982). With the parties having settled their dispute and all exceptions having been withdrawn, no issue exists regarding the need for any remand for additional findings of fact addressing this rule criteria. 3. The permit application number 4-117-0464AC-ERP is hereby granted as recommended by the Administrative Law Judge with the conditions set forth in the Technical Staff Report dated July 16, 1998, with the exception of condition 8, deleted by stipulation of the parties. DONE AND ORDERED this quh day of December 1998, in Palatka, Florida. @ ST. JOHNS RIVER WATER MANAGEMENT DISTRICT & ~ DANIEL ROACH, CHAIR . 4, GOVERNING BOARD : RENDERED this iow day of December 1998, in Palatka, Florida. A AeTOarnd SANDRA L. BERTRAM DISTRICT CLERK NOTICE OF RIGHTS 1. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action within 90 days of rendering of the final District action. 2. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action may seek review of the action in the district court of appeal by filing a notice of appeal pursuant to Fla.R.App. 9.110 within 30 days of the rendering of the final District action. 3. A party to the proceeding who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Land and Water Adjudicatory Commission (Commission) by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 4. A District action or order is considered “rendered” after it is signed by the Chairman of the Governing Board on behalf of the District and is filed by the District Clerk. 5. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraphs #1 or #2 or for Commission review as described in paragraph #83 will result in waiver of that right to review. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing NOTICE OF RIGHTS has been furnished by United States Mail to: SCOTT M. PRICE, ESQUIRE ~—- J.A. Jurgens, P.A. . 505 Wekiva Springs Road - , Longwood, FL 32779 At 4:00 __ P.M. this 11TH __ day of DECEMBER , 1998. A Bertione SANDRA L. BERTRAM DISTRICT CLERK St. Johns River Water CERTIFIED MAIL # P 229 564 533 Management District Post Office Box 1429 Palatka, Florida 32178-1429 NOTICE OF RIGHTS ® 1. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action within 90 days of rendering of the final District action. 2. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action may seek review of the action in the district court of appeal by filing a notice of appeal pursuant to Fla.R.App. 9.110 within 30 days of the tendering of thé final District action. 3. A party to the proceeding who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Land and Water Adjudicatory Commission (Commission) by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 4. A District action or order is considered “rendered” after it is signed by the Chairman of the Govérning Board on behalf of the District and is filed by the District Clerk. 5. Failure to observe the relevant time frames for filing a petition for judicial @ review as described in paragraphs #1 or #2 or for Commission review as described in paragraph #3 will result in waiver of that right to review. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing NOTICE OF RIGHTS has been furnished by United States Mail to: CHARLES H. GRIFFIN h 250 West 7th Street Pa * Chuluota, FL 32766 At 4:00 _ P.M. this 41TH _ day of DECEMBER , 1998. ACen SANDRA L. BERTRAM DISTRICT CLERK St. Johns River Water CERTIFIED MAIL # Z 229 564 534 . Management District Post Office Box 1429 Palatka, Florida 32178-1429 @ NOTICE OF RIGHTS 1. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Fiorida Rules of Civil Procedures, by filing an action within 90 days of rendering of the final District action. 2. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action may seek review of tne action in the district court of appeal by filing a notice of appeal pursuant to Fla.R.App. 9.110 within 30 days of the rendering of the final District action. 3. A party to the proceeding who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Land and Water Adjudicatory Commission (Commission) by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 4. A District action or order is considered “rendered” after it is signed by the Chairman of the Governing Board on behalf of the District and is filed by the District Clerk. 5. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraphs #1 or #2 or for Commission review as described in paragraph #3 will result in waiver of that right to review. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing NOTICE OF RIGHTS has been furnished by United States Mail to: MICHAEL L. GORE, ESQUIRE _- Shutts & Bowen, LLP : 20 North Orange Avenue * , Suite 1000 Orlando, FL 32801 At 4:00 ___ P.M. this 11TH _ day of DECEMBER , 1998. 5 Wal pbine A (Bi ATO ” SANDRA L. BERTRAN DISTRICT CLERK St. Johns River Water CERTIFIED MAIL # Z 229 564 535 Management District Post Office Box 1429 Palatka, Florida 32178-1429 NOTICE OF RIGHTS 1. Any substantially affected person who claims that final action of the District @ constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action within 90 days of rendering of the final District action. 2. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action may seek review of the action in the district court of appeal by filing a notice of appeal pursuant to Fla.R.App. 9.110 within 30 days of the rendering of the final District action. 3. A party to the proceeding who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Land and Water Adjudicatory Commission (Commission) by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 4. A District action or order is considered “rendered” after it is signed by the Chairman of the Governing Board on behalf of the District and is filed by the District Clerk. 5. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraphs #1 or #2 or for Commission review as described in @ paragraph #3 will result in waiver of that right to review. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing NOTICE OF RIGHTS has been furnished by United States Mail to: MEREDITH A. HARPER, ESQUIRE . _- Shutts & Bowen, LLP 20 North Orange Avenue - a Suite 1000 Orlando, FL 32801 At 4:00 __ P.M. this 11TH _ day of DECEMBER , 1998. sbndiae K3iHiom SANDRA L. BERTRAM DISTRICT CLERK St. Johns River Water CERTIFIED MAIL # Z 229 564 536 Management District Post Office Box 1429 Palatka, Florida 32178-1429 @ NOTICE OF RIGHTS 1. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action within 90 days of rendering of the final District action. 2. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action may seek review of the action in the district court of appeal by filing a notice of appeal pursuant to Fla.R.App. 9.110 within 30 days of the rendering of the final District action. 3. A party to the proceeding who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Land and Water Adjudicatory Commission (Commission) by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 4. A District action or order is considered “rendered” after it is signed by the Chairman of the Governing Board on behalf of the District and is filed by the District Clerk. 5. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraphs #1 or #2 or for Commission review as described in Paragraph #3 will result in waiver of that right to review. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing NOTICE OF RIGHTS has been furnished by United States Mail to: KEN A. WRIGHT, ESQUIRE Shutts & Bowen, LLP “ 20 North Orange Avenue - , Suite 1000 Orlando, FL 32801 At 4:00 P.M. this 11TH day of DECEMBER , 1998. SANDRA L. BERTRAM DISTRICT CLERK St. Johns River Water CERTIFIED MAIL # Z 229 564 537 Management District Post Office Box 1429 Palatka, Florida 32178-7429

Docket for Case No: 98-000819

Orders for Case No: 98-000819