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 2007-690-DAO-ROW), to Collier County Board of County Commissioners. The petition for waiver was received by the SFWMD on July 10, 2007. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 33, No. 31, on August 3, 2007. No public comment was received. This Order provides a waiver for the proposed placement of light poles and master arms, traffic signals, turn lanes and guardrails within the right of way of the Henderson Creek Canal; Multiple Sections, Township 48 & 49 South, Range 26 East, Collier County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the placement of above-ground permanent and/or semi-permanent 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 SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent 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.