The South Florida Water Management District (District) hereby gives notice:
On September 8, 2011, the District’s Governing Board issued SFWMD Order No. 2011-152-DAO-ROW to Florida Power and Light Company (Application No. 11-0630-1). The petition for waiver was received by the District on June 30, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 28, on July 15, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the proposed installation of a vehicular access gate crossing the north right of way of L-12 located approximately 2.5 miles southeast of the intersection of C.R. 700 (State Road 80) and US Highway 441; Section 26, Township 43 South, Range 39 East, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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' of the top of the canal bank 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, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, Florida 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.