NOTICE IS HEREBY GIVEN that on February 11, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-027-DAO-ROW was issued to Miami-Dade County Public Works Department (Application No.: 09-1217-1M). The petition for waiver was received by the SFWMD on December 17, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 2, on January 15, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the construction of an above-ground water level recorder located approximately 25' from the top of the canal bank within the northerly right of way of the C-4 Canal easterly of S. W. 120th Avenue; Section 1, Township 54 South, Range 39 East, Miami-Dade 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 structures within 40 feet of the top of the canal bank 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.
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.