NOTICE IS HEREBY GIVEN that on July 15, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-139-DAO-ROW was issued to Lykes Brothers, Inc. (Application No.: 10-0323-1). The petition for waiver was received by the SFWMD on March 23, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 13, on April 2, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow 4 existing reservoir levee connections to remain and the construction of 4 proposed reservoir levee connections within the rights of way of C-41A as part of their surface water management system as authorized by District ERP Permit No. 28-00146-S; Sections 7, 18, 22 and 23, Township 37 South, Range 32 East, Highlands County. Specifically, the Order grants a waiver from paragraphs 40E-6.221(2)(a) and (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 use of District works and lands for impoundment purposes. 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.