NOTICE IS HEREBY GIVEN that on August 13, 2009, the South Florida Water Management District (District or SFWMD) Governing Board has issued an order.
SFWMD Order No. 2009-203-DAO-ROW was issued to Collier County Board of County Commissioners (Application No. 09-0309-2). The petition for waiver was received by the SFWMD on March 30, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 15, April 17, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing bus shelter and concrete sidewalk located within the west right of way of Airport Road Canal; Section 11, Township 49 South, Range 25 East, Collier 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 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 County from a suffering a substantial hardship and violate principles of fairness.
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.