Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
40E-6.221: Conditions for Issuance of Standard Permits
NOTICE IS HEREBY GIVEN that on April 09, 2009, the South Florida Water Management District (District) has issued an order.
SFWMD Order No. 2009-100-DAO-ROW was issued to the Florida Department of Transportation (Application No. 07-1220-1M). The petition for waiver was received by the SFWMD on December 20, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 34, No. 3, on January 18, 2008. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed replacement of the Krome Avenue Bridge crossing the C-6 Canal; Section 9, Township 52 South, Range 39 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), Florida Administrative Code, 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), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above-ground encroachments within 40 feet of the top of the canal bank and governs the minimum low member elevation of pile-supported 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 would prevent the Florida Department of Transportation 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: kruff@sfwmd.gov.