NOTICE IS HEREBY GIVEN that on March 08, 2006 the South Florida Water Management District (SFWMD) Governing Board issued an Order Denying Application for Right of Way Occupancy Permit and for Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-031-DAO-ROW), received a petition for Steven and Drora Davis. The petition for waiver was received by the SFWMD on September 29, 2005. The Petitioners waived the 90-day review period for their permit application set forth in Rule 40E-0.105, Fla. Admin. Code, and also waived the 90-day statutory time requirement for granting or denying a waiver set forth in Section 120.542(8), Fla. Stat., on this Petition for Waiver, so that agency action could be taken simultaneously on their application for ROW Permit and this associated Petition for Waiver. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 31, No. 41, on October 14, 2005. No public comment was received. Original Notice of Disposition regarding denial of Petition for Waiver was published in the Florida Administrative Weekly, Vol. 32, No. 13, on March 31, 2006. The Notice of Disposition has been amended to include the rule number and nature of the rule from which the waiver was sought. The petition for waiver sought relief from Rules 40E-6.011(4)& (6), and 40E-6.221(2)(a)&(j), Fla. Admin. Code, which govern the placement of permanent and/or semi-permanent above-ground structures within 40 feet of top of canal bank within Works or Lands of the District. Denial of the requested Right of Way Occupancy Permit and Waiver of District Criteria is due to the fact that the proposed fence encroachment, within the District’s southerly right of way of the C-100C Canal; S22/T55S/R40E, Miami-Dade County, constitutes a permanent and/or semi-permanent above ground encroachment within 40 feet of the top of the canal bank and interferes with the District’s ability to perform necessary construction, alteration, operation and maintenance activities and is therefore contrary to the District’s policy and rules; specifically, Rule 40E-6.011(1), (4), (5), and (6), Fla. Admin. Code. In addition, the Application and Petition are inconsistent with the District’s Right of Way Management and Recovery Plan as approved by the Governing Board at their November 9, 2005, meeting.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Kathie Ruff at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone number (561) 682-6320; or by e-mail kruff@sfwmd.gov.