NOTICE IS HEREBY GIVEN that on September 10, 2009, the South Florida Water Management District (District) has issued an order.
SFWMD Order No. 2009-222-DAO-ROW was issued to North Springs Improvement District (Application No. 09-0108-4). The petition for waiver was received by the SFWMD on June 22, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 26, on July 2, 2009. No public comment was received. An amended petition for waiver was received by the SFWMD on August 4, 2009. Notice of receipt of the amended petition was published in the Florida Administrative Weekly, Vol. 35, No. 33, on August 21, 2009. No public comment was received. This Order provides a waiver of the District's criteria to allow for the proposed installation of a 48'' steel pipe and to allow an existing 48'' steel pipe with above-ground control valves through the east right of way of L-36 at Petitioner’s Pump Station No. S-38B, located approx. 4.7 miles south of the L-36/L-40 confluence; Section 18, Township 48 South, Range 40 East, Broward County. Specifically, the Order grants a waiver from subsection 40E-6.011(4) 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 which governs the crown elevation for culvert pipe connections 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 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.
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.