Order No. 2008-422-DAO-ROW grants a waiver under Section 120.542, F.S., to the Collier County Board of County Commissioners. The petition for waiver was received by the SFWMD on April 21, 2008. Notice of receipt of the petition requesting the ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.221: Conditions for Issuance of Standard Permits

NOTICE IS HEREBY GIVEN THAT on September 11, 2008, the South Florida Water Management District has issued an order.

Order No. 2008-422-DAO-ROW grants a waiver under Section 120.542, F.S., to the Collier County Board of County Commissioners. The petition for waiver was received by the SFWMD on April 21, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 18, on May 2, 2008. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed installation of a pedestrian bridge crossing the Henderson Creek Canal to be located immediately north of the District’s Henderson Creek Weir #2 Structure, as part of the previously-authorized multi-use pathway designed to allow pedestrians movement over the canal from the east bank to the west bank and ultimately to be connected to the west side of the C.R. 951 Roadway; Section 2, Township 50 South, Range 26 East, Collier County. Specifically, the Order grants a waiver from paragraph 40E-6.221(2)(j), 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 minimum low member elevation of pile-supported crossings (pedestrian bridge) 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 District’s current 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 Collier County Board of County Commissioners from suffering a substantial hardship.

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