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BOOK 70 €-nx 255 Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region The Hutchinson Island Resource Planning & Management Plan The Code of Laws & Ordinances of Indian River County Chapter 18-20, Florida Administrative -Code On September 8, 1987, the Florida Department of Environmental Regulation (DER) received a Dredge and Fill Application (attached) to authorize the filling of 16 acres of submerged lands. On October 8, 1987, the DER requested more information from the applicant and as of November 25, 1987, no additional information had been received by DER. DER has indicated that the applicant may elect to pursue administrative remedy concerning the issuance of a dredge and fill permit and may not respond to DER's request for additional information. Therefore, it is important that local comment be provided at this time. DER has requested information on the following issues: -1. Identify the boundaries of shellfish leases within 3 miles of the site; 2. How will septic tank effluent impact the lagoon?; 3. Document valid ownership of-- the submerged land in question; 4. Hydrographic information (water flow characteristics, wind & wave climatology, etc.); and 5. Details of the docking pier. In addition to incomplete information as indicated above by DER, the following facts concerning State regulations make approval of the applicant's application unlikely. 1. This section of the lagoon is designated as a Class II Conditionally Approved Shellfishing Area. Rule 17-4.280(8)(a) states that DER cannot issue -.a permit -for dredging or filling in an approved shellfish area; 2. The submerged land is either-. adjacent to or within an Aquatic Preserve; 3. The submerged land is either adjacent to or within the area that is pending Outstanding Florida Water (OFW) status; 4. Florida Statute 403.918(2) prohibits projects that significantly degrade Outstanding Florida Waters or are located within an Outstanding Florida Water unless the project is clearly in the public interest; 5. Florida Statute 403.918(5)(a) prohibits construction of a vertical seawall in the lagoon. Local concerns that are not specifically reflected in state law include the following three'items: 1. The Pelican Island National Wildlife Refuge boundary is immediately adjacent to the subject site. Development of a bulkheaded subdivision would not be consistent with preservation of Pelican Island National Wildlife Refuge in its pristine condition. Construction activity associated with filling the site and construction of the bulkhead will degrade water quality of the wildlife refuge over the short term, and the effects of 8