variance from Malabar Development, LLC, pursuant to Section 120.542, Florida Statutes. Petitioner is seeking a variance from subparagraph 40C-41.063(1)(c)1., F.A.C., and Section 11.1.3 of the Applicant’s Handbook: Management and Storage of Surface ...

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-41.063: Conditions for Issuance of Permits

NOTICE IS HEREBY GIVEN that on October 09, 2009, the St. Johns River Water Management District, received a petition for variance from Malabar Development, LLC, pursuant to Section 120.542, Florida Statutes. Petitioner is seeking a variance from subparagraph 40C-41.063(1)(c)1., F.A.C., and Section 11.1.3 of the Applicant’s Handbook: Management and Storage of Surface Waters (February 1, 2005) (A.H.), for Environmental Resource Permit (ERP) Application 4-009-16558-11. The permit applicant is proposing to construct a stormwater system to serve a commercial subdivision consisting of 8 lots and a two-lane paved access roadway, as well as expand the existing surface water management system, including wet detention ponds that discharge into the Melbourne-Tillman Water Control District canal system, for a surface water management system known as Malabar Development, in Brevard County. Subparagraph 40C-41.063(1)(c)1., F.A.C., and Section 11.1.3, A.H., prohibit the construction, operation, and maintenance of a surface water management system in the Upper St. Johns River Hydrologic Basin that results in an increase in the amount of water being diverted from the Basin to coastal receiving waters. These rules are intended to protect the water resources of the state by limiting discharges of fresh water to estuarine waters and curtailing interbasin diversion. Comments on this petition should be filed: Sandra Bertram, Acting District Clerk, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, within 14 days of publication of this notice. The petition has been assigned F.O.R. Number 2009-89.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Gail Hankinson, Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177, [phone].