NOTICE IS HEREBY GIVEN that on July 09, 2009, the South Florida Water Management District (District or SFWMD) has issued an order.
SFWMD Order No. 2009-181-DAO-ROW was issued to the City of Miramar (Application No. 09-0310-1). The petition for waiver was received by the SFWMD on March 10, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 12, on March 27, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow the installation of guardrailing along, and use of, approximately 3200' of the District’s northerly right of way of the C-9 (Snake Creek) Canal beginning at S. W. 148th Avenue easterly to the Florida Turnpike for roadway purposes; Section 40, Township 34 South, Range 51 East, Broward 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 facilities within 40 feet of the top of the canal bank and use of the District’ right of way for public roadway purposes 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 City of Miramar from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.