Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
Rule No. : RULE TITLE :
40E-4.321: Duration of Permits
The South Florida Water Management District hereby gives notice:
that the Executive Director of the South Florida Water Management District (SFWMD) issued an Order Granting Variance under Section 120.542, Florida Statutes (SFWMD 2011-027-DAO-ERP), on February 22, 2011, to Avatar Properties, Inc., concerning a project known as Poinciana Parkway Sections 1 & 2. A petition for variance was received for each section of the project. The petitions for variance were received by the SFWMD on August 19, 2010 and January 10, 2011, respectively. Notices of receipt of the petitions requesting the variance were published in the Florida Administrative Weekly, Vol. 36, No. 35, on September 3, 2010, and Vol. 37, No. 4, on January 28, 2011. No public comment was received. This Order provides a variance for the proposed construction of the Poinciana Parkway, a 9.66 mile arterial roadway to be operated and maintained as a toll road by a public-private partnership comprised of Avatar Properties, Inc., Polk County, and Osceola County. Specifically, the Order grants a Variance from subsection 40E-4.321(3), Florida Administrative Code, concerning duration of permits. Generally, the Order sets forth the basis of the decision to grant the Variance, as follows: 1) the facilities will not significantly interfere with the SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order granting a Variance from the subject rule would prevent Avatar Properties, Inc., from suffering a substantial hardship.
A copy of the Order or additional information may be obtained by contacting:
Kathie Ruff, Paralegal, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6320 or by e-mail: kruff@sfwmd.gov.