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are more costly and cumbersome and the applicant needs to know he can get local approval before spending a lot of time and effort. The Chairman recessed the meeting briefly at 10:05 A. M. and the Board reconvened at 10:15 A. M. with all members present. Attorney Ralph Evans, representing Michael and Shirley O'Haire, came before the Board to address some of the conclusions reached by staff in making their determination that this permit should be issued. Mr. Evans recounted the history of this matter and reminded the Board that the minutes of a BCC meeting in August of 1991 reflected representations from staff that the lagoon would not be filled. In essence, this is not a permit to fill the lagoon but only a permit to fill a portion of it. However, if the representation of not filling the lagoon had some impact on the Board's decision against the rezoning, that should be addressed. Attorney Evans contended that the subject permit is designed to create two additional lots in a proposed subdivision which is not allowed. He pointed out that there was conversation about the state of degradation in the lagoon and of serving the public interest, and he felt there has been an effort to characterize this as a public interest when in fact it is nothing more than a private interest. Attorney Evans referred to a letter staff wrote to the applicant suggesting that he consider planned development. The applicant's response, in a letter from their representative, Peterson and Votapka, dated December 11, 1991, was, in part, "because of the following reasons it was determined that the planned development concept would not only minimize the amount of filling of the lagoon that we deem necessary for reasonable development of the lot, it would also mandate unnecessary requirements that would be adverse and in excess of the design concept of the project." Attorney Evans called that private interest. Attorney Evans noted that the applicant stated he would not be removing fill but removing silt, and would bring fill from some other location for the lots. He read from the application received by the Central Florida District to the DER, date-stamped March, 1991, "Item Ten, Description of Work: Dredge 952 cubic yards of clean material from a man-made lagoon to fill an area of 18,560 square feet; with the fill provide buildable single family lots for the proposed subdivision." He directed the Board's attention to a letter from USFWS which recommended denial of the application based on a small but 17 JUN � '