The South Florida Water Management District (District) Governing Board hereby gives notice:
On June 9, 2011, SFWMD Order No. 2011-081-DAO-ROW was issued to Comcast (Application No. 11-0131-1). The petition for waiver was received by the District on April 13, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 17, on April 29, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing, self-supporting concrete pole encroaching 7.5 feet to remain within the south right of way of the North New River Canal located immediately upstream of District Water Control Struction G-53 to remain; Section 14, Township 50 South, Range 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the placement of above-ground permanent and/or semi-permanent encroachments within works or lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver, as follows: 1) the existing pole will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone: (561)682-6268 or by email at: jurussel@sfwmd.gov.