NOTICE IS HEREBY GIVEN that on March 11, 2009, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-060-DAO-ROW was issued to Fernando Munilla (Application No.: 09-0508-1). 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, August 7, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow existing trees that are within 40 feet from top of bank on the west right of way of C-100C Canal at the rear of 14221 S. W. 78th Court, Palmetto Bay, FL to remain; Section 22, Township 55 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 facilities within forty feet of the top of the canal bank within works or land 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 is also 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.