The SFWMD Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-874-DAO-ROW), on December 13, 2007, to the City of North Miami Beach. The petition for waiver was received by the SFWMD on September 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 December 13, 2007, 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 2007-874-DAO-ROW), on December 13, 2007, to the City of North Miami Beach. The petition for waiver was received by the SFWMD on September 24, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 42, on October 19, 2007. No public comment was received. This Order provides a waiver for the proposed removal and replacement of existing guardrail within the north and south rights of way of C-9 at the N. E. 15th Avenue bridge under a Modification to Right of Way Occupancy Permit Number 1561; Section 17, Township 52 South, Range 42 East, Miami-Dade County. Specifically, the Order grants a waiver of subsections 40E-6.011(4) and (6), Florida Administrative Code, which governs the placement of above-ground permanent and semi-permanent encroachments 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 granting of this waiver will not interfere with the District’s 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 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].