The South Florida Water Management District (District) hereby gives notice:
On November 10, 2011, the District’s Governing Board issued SFWMD Order No. 2011-228-DAO-ROW to Town of Davie (Application No. 11-0802-1). The petition for waiver was received by the District on August 8, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 32, on August 19, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for an existing pole with cameral to remain within the C-11 canal right of way at the intersection of Orange Drive/SW 45th Street and SR 7/US 441 Highway Bridge; Section 25, Township 50 South, Range 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40 E-6.011(4), (6), and 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 bank and within the District’s designated 100' long equipment staging areas located at all bridge 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 existing 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 and principles of fairness.
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, Florida 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.