The South Florida Water Management District (“District”) hereby gives notice:
On May 12, 2001, the District’s Governing Board issued SFWMD Order No. 2011-070-DAO-ROW to John & Michele Newberry (Application No. 11-0201-1). The petition for waiver was received by the District on March 18, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 13, on April 1, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation of a fence enclosure with 2-10' wide vehicular access gates encroaching 10' within the south right of way of the Green Canal at the rear of 6221 Cedar Tree Lane; Section 20, Township 49 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 40’ of the top of the canal bank 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 use 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 the Petitioner from suffering 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.