NOTICE IS HEREBY GIVEN that on December 10, 2009, the South Florida Water Management (“District”) Governing Board has issued an order.
SFWMD Order No. 2009-303-DAO-ROW was issued to Canal Investments, Inc. (Application No. 09-0213-1). The petition for waiver was received by the SFWMD on March 13, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 13, on April 3, 2009. No public comment was received. This Order provides a waiver of the District's criteria to allow for the proposed installation of a cross-fence with vehicular access gate at the east property lie extended and to allow an asphalt parking area accommodating six parking spaces with bollards, buried electrical service with lighting and a portion of an exfiltration trench within the C-4 Canal right of way, Section 5, Township 54 South, Range 40 East, Miami-Dade County, to remain. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), paragraph 40E-6.221(2)(a) and (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 within the District’s designated equipment staging areas at all bridges and pile-supported utility crossings, as well as the placement of retention/detention facilities and use of motor vehicles (parking) 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 Petitioner 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.