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 August 12, 2011, the District Governing Board issued SFWMD Order No. 2011-118-DAO-ROW to Miami-Dade County Park and Recreation Department (Application No. 09-0311-5). The petition for waiver was received by the District on July 19, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 30, on July 29, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for proposed signage and access control features within the south right of way of the C-9 Canal from the Florida Turnpike easterly to N.E. Miami Gardens Drive; Section multiple, Township 51 & 52 South, Range 41 & 42 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6), and paragraph 40E-6.221(2)(j), Florida Administrative 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), Florida Administrative Code, which governs the placement of above-ground permanent and/or semi-permanent encroachments within 40 feet of the top of canal bank and within the District’s 100 foot long equipment staging areas located at bridges and pile-supported crossings 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 proposed facilities 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, (561)682-6268 or by email: jurussel@sfwmd.gov.