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 March 15, 2012, the District's Governing Board issued SFWMD Order No. 2012-030-DAO-ROW to Timothy James (Application No. 06-0412-1). The petition for waiver was received by the District on October 31, 2011. Notice of receipt of the 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 for two existing boat docks, boat house and boardwalk to remain within the northwest right of way of the L-50 Borrow Canal at the rear of 721 Loop Road; Section 13, Township 40 South, Range 32 East, Glades County. Specifically, the Order grants a waiver from Rules 40E-6.221(2)(a) and (j), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in Rule 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and/or semi-permanent above-ground structures within 40 feet of the top of canal bank and the minimum required low member elevation of pile-supported docking facilities 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 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 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; telephone: (561) 682-6268; or by email at: jurussel@sfwmd.gov.