Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
NOTICE IS HEREBY GIVEN that on June 11, 2009, the South Florida Water Management District (District or SFWMD) has issued an order.
SFWMD Order No.: 2009-165-DAO-ROW was issued to the Town of Miami Lakes (Application No.: 09-0316-7). The petition for waiver was received by the SFWMD on March 16, 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 installation of a chain link fence within the north right of way of the C-8 Canal; Section 14, Township 52 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 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 the Town of Miami Lakes from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Triola Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6268 or by email: jtriola@sfwmd.gov.