Palm Beach County won a big battle in the fight to extend State Road 7 Friday when Administrative Law Judge Bram Carter found that the county had followed all applicable permitting criteria and is entitled to an environmental resource permit.
The county has pushed to extend State Road 7 north to Northlake Boulevard, but the city of West Palm Beach has pushed back, arguing that the extension threatens the Grassy Waters Preserve, a 24-square mile marsh that is the source of its drinking water.
Carter’s recommended order is a major victory for the county.
“The project would not adversely impact public health, safety, and welfare associated with the city’s public water supply in the water catchment area because the project would have no effect on the city’s water supply operations,” the judge wrote. “In addition, there are reasonable protective measures to prevent a spill from entering the city’s public water supply.”
All parties now have 15 days to petition the South Florida Water Management District with errors they believe Carter committed in the order.
If SFWMD agrees that an error has been made, the erroneous portion of Carter’s order will not be followed.
But in an email to county officials, Assistant County Attorney Kim Phan pointed out that un-ringing the bell Carter just struck is no small task.
“An agency’s ability to reject any portion of a recommended order is very limited to conclusions of law and interpretation of administrative rules,” Phan wrote. “Also, the agency may not reject or modify the findings of fact unless it was not based on competent substantial evidence on the proceedings (or) did not comply with essential requirements of law.”