NOTICE IS HEREBY GIVEN that on April 15, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-069-DAO-ROW was issued to AT&T Florida (Application No. 09-1217-2). The petition for waiver was received by the SFWMD on February 8, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 7, on February 19, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation of a temporary aerial crossing with poles located west of State Road 7 Bridge crossing the C-51 Canal while Palm Beach County is widening the bridge; Section 1, 36, Township 43, 44 South, Range 41, 42 East, Palm Beach 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 and within the District’s equipment staging areas located 100 feet upstream or downstream of pile-supported crossings 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.
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.