The South Florida Water Management District hereby gives notice: On January 10, 2019, the District's Governing Board issued SFWMD Order No. 2019-011-DAO-ROW to Florida Power & Light Co. (Application No. 18-0424-4M). The petition for waiver was ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District (District) hereby gives notice: The South Florida Water Management District hereby gives notice: On January 10, 2019, the District's Governing Board issued SFWMD Order No. 2019-011-DAO-ROW to Florida Power & Light Co. (Application No. 18-0424-4M). The petition for waiver was received by the District on October 5, 2018. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 44, No. 200 on October 12, 2018. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District right of way to relocate a portion of an existing authorized aerial facility (parallel run) within the west right of way of the L-31E Canal where it crosses the C-103 Canal and to allow one existing and one proposed pole to be installed within 40 feet of top of bank for service to the District’s Biscayne Bay Coastal Wetlands project; Section 16, Township 57S, Range 40E, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4)&(6) and paragraph 40E-6.221(3)(j), Fla. Admin. Code, and the Right of Way Criteria Manual for Use of Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which prohibits placement of parallel run facilities more than 10 feet into the canal right of way boundary and governs the placement of permanent and/or semi-permanent above-ground structures within 40 feet of the top of 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 proposed use will not 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 at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone: [phone]; or by email at: [e-mail].