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EPC affirms hearing officer, issues five‑year wetland permit for 6111 Rome LLC
Summary
The Hillsborough County Environmental Protection Commission voted 5–1 to adopt a hearing officer's recommended order and issue a five‑year wetland impact permit for 6111 Rome LLC, declining appellants' exceptions and noting the record contained competent substantial evidence.
The Hillsborough County Environmental Protection Commission on Aug. 15 adopted a final order affirming the hearing officer's recommendation and issued a five‑year wetland impact permit for 6111 Rome LLC after a quasi‑judicial review of exceptions filed by nearby residents and neighborhood representatives.
EPC counsel Ms. Moretti told commissioners the panel "must not reweigh the evidence" and should only overturn findings of fact that lack competent, substantial evidence in the record. Beth Lee, representing EPC staff, said the recommended order was supported by the hearing record and the prehearing stipulations filed by the parties. "EPC respectfully requests the commission adopt the findings of fact and affirm the conclusions of law and the hearing officer's recommended order," Lee said during oral argument.
Appellants argued the site's hydrology, live oaks and wetlands had been mischaracterized and pressed the commission to find errors in the hearing officer's factual findings and legal conclusions. Mr. Greco and Henry Kramer, representing the Riverbend Neighborhood Civic Association, raised concerns about expert testimony, restricted hearing time and whether mitigation would adequately protect the local watershed. Kramer told the panel his group had assembled technical assistance and believed mitigation banks would not adequately serve the immediate community.
Applicant counsel for 6111 Rome LLC urged deference to the hearing officer and argued exceptions failed to identify record errors. Commission counsel recommended adoption of the recommended order, noting minor scrivener's errors that could be corrected before the final signed order. The motion to approve the recommended order carried 5–1; Commissioner Kemp cast the lone no vote.
The commission's action affirms the hearing officer's findings and allows the applicant to proceed under the terms of the five‑year wetland impact permit; the commission recorded the vote and directed staff to correct typographical errors in the final order.
