Notice of Variances and Waivers
RULE NO.: RULE TITLE:
40E-6.221: Conditions for Issuance of Standard Permits
The South Florida Water Management District (District) hereby gives notice:
On November 10, 2011, the District’s Governing Board issued SFWMD Order No. 2011-227-DAO-ROW to Miami-Dade County Public Schools (Application No. 11-0427-2). The petition for waiver was received by the District on September 14, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 39, on September 30, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation of a 50' long section of guardrail at the top of the canal bank at the south end of N.W. 17th Avenue extended within the north right of way of C-8 adjacent to and serving North Dade Middle and North Dade CML Elementary Schools; Section 15, Township 52 South, Range 41 East, Miami-Dade County. Specifically, the Order grants a waiver from paragraphs 40E-6.221(2)(a) & (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 permanent and/or semi-permanent above-ground facilities within 40' of the top of the canal cank 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 guardrail 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.