The South Florida Water Management District (District) hereby gives notice:
On January 12, 2012, the District’s Governing Board issued SFWMD Order No. 2012-010- DAO-ROW to Michael Edwards and Maggie Godoy (Application No. 11-0912-1). The petition for waiver was received by the District on September 12, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 40, on October 7, 2011. An amended petition for waiver was received by the District on November 4, 2011. Notice of receipt of the amended petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 46, on November 18, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing concrete wall and fence crossing the I-75 Canal within the northerly roadway embankment of Spanish Oaks Lane Box Culvert Bridge at the intersection of Tarpon Bay Blvd. to remain; Section 29, Township 48 South, Range 26 East, Collier 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 permanent and/or semi-permanent above-ground facilities within 40' of the top of the canal bank and within the District’s designated 100 foot long equipment staging areas located at all bridge and pile-supported utility 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 principles of fairness and 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.