NOTICE IS HEREBY GIVEN that on October 15, 2009, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No. 2009-263-DAO-ROW was issued to Mariela Sanchez (Application No. 07-0817-1). The petition for waiver was received by the SFWMD on September 14, 2007. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 33, No. 39, on September 28, 2007. No public comment was received. An amended petition for waiver was received by the SFWMD on March 12, 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 a cross fence with two 16' vehicular gates located within the west right of way of the Faka Union Canal on the east side of 3884 16th Avenue, Southeast, Section 17, Township 49 South, Range 28 East, Collier County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 Mariela Sanchez 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.