Notice of Variances and Waivers

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
Rule No. : RULE TITLE :
40E-6.221: Conditions for Issuance of Standard Permits
The South Florida Water Management District hereby gives notice:
On May 1, 2011, (District) Governing Board issued SFWMD Order No. 2011-069-DAO-ROW to Kenneth & Patricia Wilborn (Application No. 11-0126-1). The petition for waiver was received by the District on March 25, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 14, on April 8, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the proposed installation of removable cross-fences within the north right of way of the Goden Gate Main Canal at the rear of 3247 German Woods Court, Naples; Section 29, Township 47 South, Range 26 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 placement of above-ground permanent and/or semi-permanent encroachments 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.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell, 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.