Granting a variance under Section 120.542, F.S. (SJRWMD FOR #2007-51), to West Melbourne Town Center, LLC (Petitioner). The Petition for Variance was received by SJRWMD on June 29, 2007. Notice of receipt of the petition requesting the variance was ...

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 September 12, 2007, the St. Johns River Water Management District’s Governing Board has issued an order.
Granting a variance under Section 120.542, F.S. (SJRWMD FOR #2007-51), to West Melbourne Town Center, LLC (Petitioner). The Petition for Variance was received by SJRWMD on June 29, 2007. Notice of receipt of the petition requesting the variance was published in the F.A.W., Vol. 33, No. 29 on July 20, 2007. No public comment was received. This order provides a temporary variance from subparagraph 40C-41.063(1)(c)1. of the Florida Administrative Code and Section 11.1.3 of the Applicant’s Handbook: Management and Storage of Surface Waters (February 1, 2005). These rules provide in pertinent part that a surface water management system may not result in an increase in the amount of water being diverted from the Upper St. Johns River Hydrologic Basin to intercoastal receiving waters. Generally, the Order sets forth the basis of the Governing Board’s decision to grant the variance as follows: 1) requiring Petitioner to comply with these rules onsite would create a technological hardship, and 2) Petitioner’s financial contribution to the C-1 Rediversion Project or an Alternative Rediversion Project will accomplish the purpose of Chapter 373 of the Florida Statutes to prevent harm to the water resources, by facilitating the project's implementation. The C-1 Rediversion Project is a restoration project designed to allow water that would be diverted from the St. Johns River to coastal receiving waters by the Melbourne-Tillman Water Control District canal system to drain once again to the St. Johns River.
A copy of the Order may be obtained by contacting: Timothy A. Smith, Senior Assistant General Counsel, at the Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone].