Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO.: RULE TITLE:
40E-6.221: Conditions for Issuance of Standard Permits
The South Florida Water Management District (District) hereby gives notice:
On January 12, 2012, the District’s Governing Board issued SFWMD Order No. 2012-009- DAO-ROW to Florida Department of Transportation (Application No. 11-10180-3). The petition for waiver was received by the District on December 2, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 50, on December 16, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow the proposed widening of the west face of the existing SR 823 (Red Road/NW 57th Avenue) bridge crossing the C-7 Canal; Section 31/32, Township 52 South, Range 41 East, Miami-Dade County. Specifically, the Order grants a waiver from 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 minimum low member elevation of bridge crossings location 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 bridge crossing 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 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.