Order No. 2008-423-DAO-ROW grants a waiver under Section 120.542, F.S., to Reef Associates, Ltd. The petition for waiver was received by the SFWMD on July 8, 2008. Notice of receipt of the petition requesting the waiver was published in the ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
40E-6.221: Conditions for Issuance of Standard Permits

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

Order No. 2008-423-DAO-ROW grants a waiver under Section 120.542, F.S., to Reef Associates, Ltd. The petition for waiver was received by the SFWMD on July 8, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 30, on July 25, 2008. No public comment was received. This Order provides a waiver of the District’s criteria to allow 540 linear feet of existing guardrail encroaching 0-2 feet, 38 feet from top of the canal bank and a light pole with electrical box and service encroaching 0.85 feet within the south right of way of the C-1N Canal, beginning 220 feet easterly of S. W. 122nd Avenue at the rear of the Deerwood Center to remain; Section 24, Township 55 South, Range 39 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and 40E-6.221(1) and paragraph (2)(a), 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 govern the placement of permanent and/or semi-permanent above-ground facilities within 40 feet of the top of the canal bank 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 Reef Associates, Ltd., 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].