Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO.: RULE TITLE:
40E-6.011: Policy and Purpose
The South Florida Water Management District (District) hereby gives notice:
On June 9, 2011, the District’s Governing Board issued SFWMD Order No. 2011-084-DAO-ROW to Big Cypress National Preserve (Application No. 10-0513-1). The petition for waiver was received by the District on April 27, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 19, on May 13, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation of access control features within the west right of way of the L-28 Interceptor Canal associated with recreational access facility located at I-75; Section 35 & 36, Township 49 South, Range 34 East, Collier County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6) and paragraph 40E-6.221(2)(j), 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 use 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 would prevent the Petitioner from suffering 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.