NOTICE IS HEREBY GIVEN that on May 26, 2009, the South Florida Water Management District (District), received a petition for waiver that was amended. The amended petition was filed by J. W. McDaniel Sr., Inc., (Application No. 09-0326-1), for utilization of Works or Lands of the District known as the L-28I Canal, to allow an existing water control structure and appurtenances, known as W-D1AB (emergency overflow culvert and riser and associated berm), located approximately 100 feet upstream of the beginning of the L-28I (North Feeder Canal), to remain within 40 feet of top of canal bank; Section 25, Township 47 South, Range 33 East, Hendry County. The petition seeks relief from subsections 40E-6.011(4) and (6) and paragraph 40E-6.221(2)(j), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above ground encroachments within 40 feet of the top of canal bank; and prohibits water control structures within Works or Lands of the District, and requires crown elevation of discharge culverts to be set at least 1/2 foot below water control elevation of the canal. The petition for waiver was amended to clarify how strict application of the criteria or rule would create a substantial hardship.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Kathie Ruff at (561)682-6320 or email: kruff@sfwmd.gov. The District will accept comments concerning the amended petition for 14 days from the date of publication of this notice. To be considered, comments must be received by end of business on the 14th day at: South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406, Attn.: Kathie Ruff, Office of Counsel.