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PELICAN ISLAND AUDUBON P. O. Box 1833 VERO BEACH, FLORIDA 32960 Mr. Pat Lyons, Chairman Indian River Board -of County Commissioners County Administration Building Vero Beach, Florida 32960 Re: Muller, Indian River County DER 310930994 Dear Mr. Lyons: SOCIETY June 17, 1985 Pelican Island Audubon Society and the Civic Association of Vero Beach and Indian River County would like to make a joint request that the County Commission petition the State for a legislative hearing (persuant to Section 120.57, Florida Statutes) on the issuance of permit number 310930994 for Henry J. Muller in our county of Indian River. There are a number of issues that make the issuance of this permit a serious matter worthy of the discussion and action of this commission: 1) The consideration that the Indian River from the Sebastian Inlet to the north city limits of Vero Beach, including the river bottom affected by this permit, was recently given aquatic preserve status and as such may'. be included in the management plan to be finalized in July for the Indian River. 2)The direct loss of seagrass and shallow water habitat for the sole purpose of providing private access to the Intracoastal Waterway, a habitat so important to the county that they esta blished a Seagrass Preservation and Restor ation Committee. 3)The establishment of a marina with 44 boatslips in designated Critical Habitat of the West Indian Manatee, without a sound plan for marina sitinq in the county. 4)The ramifications of allowing the precedent to be set permitting a project that environmental agencies including the Florida Game and Fresh Water Fish Commission, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service have recommended be denied and/or modified to. provide for less damaging alternatives. In addition to this there is strong evidence of local opposition to this as addressed in letterg from the Civic Association and the Pelican Island Audubon Society. 5)We believe it would be inconsistent with the Indian River County Comprehensive Plan which states (p.88): "10. The County shall not permit activities within or adjacent to the Indian River which threaten to degrade or result in the closing of open shell -fishing waters." This is a matter of serious consideration in the issuance of this permit. For your part, the petition would involve a request 6o later than June 25, 1985 for a formal hearing. In this petition, you and your staff would need to include the name and address of the agency involved, the Dept.:of Environmental Regulitidn; your name and address as the petitioning body and the substantial interests that would be affected by the agency determination; a statement of when and how you received notice of the DER decision, and ; a statement of all disputed issues of material fact. If there are none of these which we suspect there are not since the issue here is not whether we agree that the environmental damage will occur but rather whether the precedent should be set that it can, "the petition must also indicate a concise statement of the ultimate facts, as well as the rules and statutes which entitle the petitioner to relief; a demand for relief which the county deems itself to be entitled to,and; any other information. Once again, we are pleased that the Civic Association recognizes the importance of this action and has chosen to support us in our request to you at this time. The seriousness and the cumulative impact of this precedent setting permit issuance will be reflected in your decision today should you decide to pass a resolution renuestino a legislative hearing on this permit. Thank -you for your time and trouble. Sincerely yours, r "'v"� C 6 ,) Frank Johnso , Vice President Pelican Island Audubon Society BOOK 1 eilUC °.i'.+