NOTICE IS HEREBY GIVEN that on July 23, 2010, the St. Johns River Water Management District’s Governing Board has issued an order.
The District granted a variance under Section 120.542, F.S. (SJRWMD FOR #2009-85), to Jack Gregory (Petitioner) regarding a project known as “The Preserve at Oak Lake.” The Petition for Variance was received by SJRWMD on September 16, 2009. Notice of receipt of the petition requesting the variance was published in the Florida Administrative Weekly, Vol. 35, No. 40 on October 9, 2009. No public comment was received. This order provides a variance from Section 12.4.5(d) of the Applicant’s Handbook: Management and Storage of Surface Waters (February 16, 2010). This rule prohibits the withdrawal of mitigation bank credits if at any time the mitigation banker is not in material compliance with the terms of the mitigation bank permit. Generally, the Order sets forth the basis of the District’s decision to grant the variance as follows: 1) requiring Petitioner to comply with these rules would violate principles of fairness, and 2) environmental benefits associated with the mitigation bank credits that Petitioner seeks to use have already been achieved, consistent with the purpose of Chapter 373, Florida Statutes.
A copy of the Order may be obtained by contacting: Karen C. Coffman, Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4288.