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.: 2010-028-DAO-ROW was issued to Miami-Dade County Parks and Recreation Department (Application No.: 09-0311-6M). The petition for waiver was received by the SFWMD on September 3, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 37, on September 18, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the proposed addition of a fishing platform with walkway and appurtenances within the north right of way of C-1 as part of the County’s Biscayne Trail located approximately 200' downstream of District Water Control Structure S-21; Section 22, Township 56 South, Range 40 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 was based upon 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.