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.: 2009-166-DAO-ROW was issued to J.W. McDaniel Sr., Inc., (Application No.: 09-0326-1). The petition for waiver was received by the SFWMD on April 16, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 17, on May 1, 2009. No public comment was received. This Order provides a waiver of the District’s criteria for an existing water control structure and appurtenances (known as W-D1AB) within the right of way of the L-28I North Feeder Canal: Section 25, Township 47 South, Range 33 East, Hendry 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 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 J.W. McDaniel Sr., Inc., 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.