The South Florida Water Management District (District) Governing Board hereby gives notice:
On April 14, 2011, SFWMD Order No. 2011-059-DAO-ROW was issued to CenturyLink (fka Sprint-Embarq) (Application No. 10-0927-3). The petition for waiver was received by the District on November 22, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 49, on December 10, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing aerial fiber optic cable, hung on Florida Power and Light Company poles, to remain within the Airport Road Canal right of way, approximately 88' south of the centerline of the Vanderbilt Beach Road bridge; Section 35, Township 48 South, Range 25 East, Collier County. Specifically, the Order grants a waiver from paragraph 40E-6.221(2)(j), Fla. Admin. 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), Fla. Admin. Code, which governs the minimum vertical clearance requirement for utility crossings within works or 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 is based upon a substantial hardship and principles of fairness.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone: (561)682-6268 or by email at: jurussel@sfwmd.gov.