NOTICE IS HEREBY GIVEN that on June 10, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-117-DAO-ROW was issued to Marcus and Heather Beaton (Application No.: 09-0908-1). The petition for waiver was received by the SFWMD on April 26, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 19, on May 14, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow a proposed fence to encroach 18'' within the east right of way of the C-100A Canal; Section 23, Township 55 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(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 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.
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 at: jurussel@sfwmd.gov.