an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-180-DAO-ROW), to the Florida Department of Transportation (FDOT). The petition for waiver was received by the SFWMD on September 22, 2006. Notice of receipt of the petition ...

 

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 2006-180-DAO-ROW), on December 14, 2006, to the Florida Department of Transportation (FDOT). The petition for waiver was received by the SFWMD on September 22, 2006. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 32, No. 43, on October 27, 2006. No public comment was received. This Order provides a waiver of the District’s criteria to allow minor encroachments of existing and proposed guardrail sections and portions of a proposed sidewalk with aluminum pedestrian handrailing, portions of a concrete barrier wall, bank reshaping with installation of erosion control matting and the minor shifting of existing light poles in conjunction with the FDOT Sidewalk Project along Sunrise Boulevard, beginning easterly of S.R. 7 to N. W. 34th Avenue within the northerly right of way of C-12; S31 and 6/T49 and 50S/R42E, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 placement of permanent and/or semi-permanent above-ground structures within forty feet of 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 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 FDOT from suffering a substantial hardship and a violation of the principals of fairness.

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, [phone] or by e-mail [e-mail].