NOTICE IS HEREBY GIVEN that on September 10, 2009, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No. 2009-224-DAO-ROW was issued to Steven Patrick Barreto (Application No. 09-0619-2). The petition for waiver was received by the SFWMD on July 17, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 31, on August 5, 2009. No public comment was received. This Order provides a waiver of the District's criteria to allow for the temporary utilization of L-28 Canal for traveling to and from property located 1.3 miles from L-28 in Collier County; Section 36, Township 52 South, Range 34 East, Miami-Dade and Collier Counties. Specifically, the Order grants a waiver from subsection 40E-6.221(9), 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 requirement that, except for private and public utilities, an applicant must own or lease the land lying adjacent to the District Works 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 temporary use 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.
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.