NOTICE IS HEREBY GIVEN that on September 09, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-175-DAO-ROW was issued to Collier County Board of Commissioners (Application No.: 10-0216-2). The petition for waiver was received by the District on June 7, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 25, on June 25, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing pole-mounted safety camera, including foundation and buried conduits to remain within the west right of way of the Airport Road Canal; Section 26, Township 49 South, Range 26 East, Collier County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 40 feet of the top of the canal bank within works of lands 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 would violate 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.