The SFWMD Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2008-008-DAO-ROW), on January 8, 2008, to Florida Department of Transportation. The petition for waiver was received by the SFWMD on July 24, 2007. ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN THAT on January 8, 2008, the South Florida Water Management District (SFWMD) has issued an order.

The SFWMD Governing Board issued an Order Granting Waiver under Section 120.542, Florida Statutes (SFWMD 2008-008-DAO-ROW), on January 8, 2008, to Florida Department of Transportation. The petition for waiver was received by the SFWMD on July 24, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 35, on August 31, 2007. No public comment was received. This Order provides a waiver for the placement of a continuous concrete barrier wall with bicycle railing, portions of a sidewalk and the installation of slope protection with the northerly right of way of the Old Pompano Canal beginning immediately west of Dixie Highway continuing westerly, a distance of approx. 1,450 feet; Sections 34 & 35, Township 48 South, Range 42 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the placement of above-ground permanent and/or semi-permanent facilities 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 SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) The Order granting a waiver from the subject rule would prevent Petitioner from suffering a substantial hardship.

A copy of the Order may be obtained by contacting: Juli Triola, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone] or by e-mail [e-mail].