NOTICE IS HEREBY GIVEN that on October 14, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-189-DAO-ROW was issued to Lee County Parks and Recreation (Application No.: 10-0209-4). The petition for waiver was received by the District on July 20, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 31, on August 6, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing floating dock with canoe launch and proposed shoreline stabilization consisting of rip-rap and native vegetation within the C-43 north right of way adjacent to Caloosahatchee Regional Park; Section 19, Township 43 South, Range 27 East, Lee 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 prohibits the placement of floating docks upstream of water control structures and 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.
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.