Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-148-DAO-ROW), on October 12, 2006, to Gregory S. Sembler, General Partner of Sembler Family Partnership #42 Ltd. The petition for waiver was received by the SFWMD on August 6, 2006. ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

NOTICE IS HEREBY GIVEN that the South Florida Water Management District (SFWMD) Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-148-DAO-ROW), on October 12, 2006, to Gregory S. Sembler, General Partner of Sembler Family Partnership #42 Ltd. The petition for waiver was received by the SFWMD on August 6, 2006. Notice of receipt of the petition requesting the waiver was published in the F.A.W. Vol. 32, No. 34 on August 25, 2006. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing temporary culvert bridge crossing the Henderson Creek Canal at Rattlesnake Hammock Road to remain and a waiver of the District’s Rule requiring payment of an Application Processing Fee associated with the review and consideration of the issuance of a Right of Way Occupancy Permit; S23/T50S/R26E, Collier County. Specifically, the Order grants a waiver from subsection 40E-6.091(1), Fla. Admin. 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), Fla. Admin. Code, which governs the payment of Application Processing Fees associated with the review of Applications for issuance of Right of Way Occupancy Permits 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 Gregory S. Sembler from suffering a substantial hardship.

A copy of the Order can be obtained from: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone number [phone]; or by e-mail [e-mail].