Petitioner: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Respondent: WILLIE R. GAINEY
Judges: CLAUDE B. ARRINGTON
Agency: Department of Environmental Protection
Locations: Panama City, Florida
Filed: Jun. 07, 2000
Status: Closed
Recommended Order on Thursday, March 29, 2001.
Latest Update: Jun. 03, 2002
Summary: Whether the subject site is within Petitioner's permitting jurisdiction and whether an earthen dam constructed at the subject site required a permit? Whether Respondent should be required to remove the earthen dam and/or be required to pay Petitioner's investigative costs?Unnamed creek on Respondent`s property is jurisdictional wetland. Unpermitted fill should be removed.
Clarification.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Petitioner,
vs.
WILLIE R. GAINEY,
Respondent.
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) Case No. 00-2391
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ORDER DENYING MOTION FOR CLARIFICATION OF RECOMMENDED ORDER
This cause came to be considered on the Motion for Clarification of Recommended Order filed by Respondent on April 11, 2001, and on the response filed by Petitioner on April 13, 2001. The premises considered, it is ORDERED
That the Motion for Clarification of Recommended Order filed by Respondent on April 11, 2001, is DENIED.
DONE AND ORDERED this 16th day of April, 2001, in Tallahassee, Leon County, Florida.
CLAUDE B. ARRINGTON
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 16th day of April, 2001.
COPIES FURNISHED:
Ashley D. Foster, Esquire
Department of Environmental Protection 3900 Commonwealth Boulevard
Mail Stop 35
Tallahassee, Florida 32399-3000
William R. Gainey
833 West Pierson Drive Lynn Haven, Florida 32444
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Docket for Case No: 00-002391
| Issue Date |
Proceedings |
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Jun. 03, 2002 |
Letter to Judge Smith from W. Gainey requesting to review the procedures of the department regarding this case filed.
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Jun. 26, 2001 |
Final Order filed.
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Apr. 16, 2001 |
Order Denying Motion for Clarification of Recommended Order sent out.
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Apr. 13, 2001 |
Department`s Response to Respondent`s Motion for Clairifcation of Recommended Order (filed via facsimile).
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Apr. 12, 2001 |
Motion for Clarification of Recommended Order; Motion to have Testimony Preserved (filed by Respondent via facsimile).
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Apr. 12, 2001 |
Motion to Suspend 15 Day Limit to Submit Exception (filed by Respondent via facsimile).
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Mar. 29, 2001 |
Recommended Order issued (hearing held February 15, 2001) CASE CLOSED.
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Mar. 29, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
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Mar. 27, 2001 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
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Mar. 21, 2001 |
Department`s Proposed Recommended Order (filed via facsimile).
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Mar. 19, 2001 |
Notice of Appearance as Counsel for Lake Como Co-op, Inc. (filed by M. D. Ellrod). |
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Mar. 12, 2001 |
Transcript (2 volumes) filed. |
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Feb. 15, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
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Feb. 13, 2001 |
Request for Addition of Witness (filed by Petitioner via facsimile).
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Feb. 13, 2001 |
Request for Substitution of Witness (filed via facsimile).
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Feb. 12, 2001 |
Filing of Various Motions and Request for PreTrial Hearing (filed by Respondent via facsimile).
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Feb. 07, 2001 |
Order issued (Department`s Motion for Protective Order is granted).
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Feb. 07, 2001 |
Order issued (Department of Environmental Protection`s Motion to Strike Petitioner`s Witness and Exhibit List is denied).
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Feb. 06, 2001 |
Department`s Motion for a Protective Order (filed via facsimile).
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Feb. 06, 2001 |
Department of Environmental Protection`s Motion to Strike Petitioner`s Witness and Exhibit List (filed via facsimile).
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Feb. 06, 2001 |
Request for Transcript (filed by W. Gainey via facsimile).
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Feb. 05, 2001 |
Order issued (Respondent`s Motion to Dismiss is denied).
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Feb. 05, 2001 |
Motion to Dismiss (filed by Respondent via facsimile).
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Feb. 05, 2001 |
Letter to Judge D. Davis from W. Gainey In re: request for Subpoenas (filed via facsimile). |
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Feb. 02, 2001 |
Order issued (Respondent`s Motion to Dismiss and for Award of Attorney Fees and Costs is denied).
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Jan. 31, 2001 |
The Department`s Response to Petitioner`s Motion to Dismiss and for an of Attorney`s Fees and Costs (filed via facsimile).
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Jan. 31, 2001 |
Order Denying Motion for Continuance issued.
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Jan. 30, 2001 |
Order Denying Department of Environmental Protection`s Motion to Strike Petitioner`s Witness and Exhibit List issued.
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Jan. 29, 2001 |
Department of Environmental Protection`s Motion to Strike Petitioner`s Witness and Exhibit List (filed via facsimile).
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Jan. 26, 2001 |
Department of Envrionmental Protection`s Response Objecting to Petitioner`s Motion for Continuance (filed via facsimile).
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Jan. 24, 2001 |
Motion to Continue filed by Respondent.
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Jan. 24, 2001 |
Motion to Dismiss and for Award of Attorney`s Fees and Costs filed by Respondent.
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Dec. 26, 2000 |
Notice of Hearing issued (hearing set for February 15, 2001; 10:00 a.m.; Panama City, FL).
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Dec. 18, 2000 |
Department of Environmental Protection`s Response to Order to Set Hearing Date (filed via facsimile).
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Dec. 11, 2000 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 11, 2001).
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Dec. 11, 2000 |
Emergency Motion for Continuance (filed by Respondent via facsimile).
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Dec. 11, 2000 |
Notice of Petitioner`s Attorney Removed from Representation filed.
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Dec. 05, 2000 |
Petitioner`s Prehearing Stipulation (filed via facsimile).
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Oct. 16, 2000 |
Amended Notice of Taking Deposition of W. Gainey, D. Gilmore, G. Pettis (filed via facsimile). |
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Oct. 03, 2000 |
Order issued. (the Department`s Motion to Compel Answers to Interrogatories and Request for Production is granted)
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Sep. 28, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 12, 2000; 10:00 a.m.; Panama City, FL).
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Sep. 21, 2000 |
Notice of Service of Petitioner`s Answers to Respondent`s First Set of Interrogatories filed. |
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Sep. 21, 2000 |
Petitioner`s Motion for Continuance filed.
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Sep. 14, 2000 |
The Department`s Motion to Compel Answers to Interrogatories and Request for Production (filed via facsimile). |
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Sep. 12, 2000 |
Notice of Taking Deposition of W. Gainey (filed via facsimile). |
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Jul. 20, 2000 |
Notice and Certificate of Service for DEP`s First Set of Interrogatories to Petitioner Willie R. Gainey filed. |
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Jul. 17, 2000 |
Department of Environmental Protection`s First Request for Production of Documents to Petitioner, Willie R. Gainey filed. |
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Jun. 29, 2000 |
Order of Pre-hearing Instructions sent out.
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Jun. 29, 2000 |
Notice of Hearing sent out. (hearing set for October 10, 2000; 10:00 a.m.; Panama City, FL)
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Jun. 23, 2000 |
Department of Environmental Protection`s Response to Initial Order filed.
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Jun. 12, 2000 |
Initial Order issued. |
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Jun. 07, 2000 |
Department of Environmental Protection`s Response to Petitioner`s Motion for Abatement filed.
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Jun. 07, 2000 |
Notice of Violation and Orders for Corrective Action filed.
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Jun. 07, 2000 |
Written Plea of Not Guilty filed. |
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Jun. 07, 2000 |
Petition for Administrative Proceeding filed.
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Jun. 07, 2000 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
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Orders for Case No: 00-002391
| Issue Date |
Document |
Summary |
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Jun. 25, 2001 |
Agency Final Order
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Apr. 16, 2001 |
Other
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Mar. 29, 2001 |
Recommended Order
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Unnamed creek on Respondent`s property is jurisdictional wetland. Unpermitted fill should be removed.
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