NOTICE IS HEREBY GIVEN that on May 14, 2009, the South Florida Water Management District (District or SFWMD) has issued an order.
SFWMD Order No. 2009-120-DAO-ROW was issued to Steven V. Batic (Application No. 09-0220-2). The petition for waiver was received by the SFWMD on March 25, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 14, on April 10, 2009. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed placement of 13 palm trees within the north right of way of the C-13 Canal located at the rear of 9830 N. W. 31st Place (Lot 411, Welleby Unit Eight); Section 19, Township 49 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 Steven V. Batic from a violation of the principles of fairness.
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.