Notice of Variances and Waivers
Rule No. : RULE TITLE :
40E-6.221: Conditions for Issuance of Standard Permits
The South Florida Water Management District (“District”) hereby gives notice:
On May 12, 2011, the District’s Governing Board issued SFWMD Order No. 2011-068-DAO-ROW to Florida Department of Transportation (Application No. 11-0307-2). The petition for waiver was received by the District on March 7, 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. Notice of receipt of an amended petition was published in the Florida Administrative Weekly, Vol. 37, No., 15, on April 15, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation a safety railing, landscaping, and buried electrical with light poles within the south right of way of C-2 Canal located between SW 70th Ave. and US-1; Section 35, Township 54 South, Range 40 East, Miami-Dade 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 and within designated 100’ long equipment staging areas 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 a 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.