NOTICE IS HEREBY GIVEN that on January 13, 2009, the South Florida Water Management District (District or SFWMD) Governing Board has issued an order.
SFWMD Order No. 2009-017-DAO-ROW was issued to AT&T of Florida (Application No. 08-0519-1). The petition for waiver was received by the SFWMD on June 30, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 29, on July 18, 2008. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing buried conduit, parallel run, with an existing above-ground cabinet (Digital Loop Electronics Cross-Box) located 20' from the top of the canal bank beside an existing, previously-authorized above-ground cabinet to remain within the north right of way of the C-11 Canal, located just west of S.W. 57th Terrace; Section 26, Township 48 South, Range 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), F.A.C., 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), F.A.C., which governs the placement of permanent and/or semi-permanent above-ground facilities within 40 feet of the top of the canal bank 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 would prevent AT&T Florida from suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6320, or by email at: kruff@sfwmd.gov.