NOTICE IS HEREBY GIVEN that on October 11, 2007, the South Florida Water Management District (SFWMD) has issued an order.
The SFWMD Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat., (SFWMD 2007-696-DAO-ROW) to Mario Richard Cappelletti. The petition for waiver was received by the SFWMD on August 29, 2007. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 33, No. 37, on September 14, 2007. No public comment was received. This Order provides a waiver for the proposed temporary vehicular use of L-28 right of way from U.S. 41 to the northerly terminus of L-28 to gain access to the petitioner’s camp/cabin which is located approximately 3 miles from L-28 in Collier County under Right of Way Occupancy Permit Number 13117; Multiple Sections, Township 52, 53, 54 South, Range 35 East, Miami-Dade and Broward County. Specifically, the Order grants a waiver of subsection 40E-6.221(9), Fla. Admin. Code, which governs the requirement that, except for both private and public utilities, an applicant must own or lease the land lying adjacent to the District Work 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 granting of this waiver will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation and routine maintenance activities property interests and ability to construct, operate and maintain Works and Lands of the District activities; and 2) the Order granting a waiver from the subject rule would prevent the Petitioner from suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Triola at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone number (561)682-6268; or by e-mail jtriola@sfwmd.gov.