The District Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-808-DAO-ROW), on November 15, 2007, to Collier County Parks and Recreation Department. The petition for waiver was received by the SFWMD on ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN THAT on November 15, 2007, the South Florida Water Management District (“District”) has issued an order.

The District Governing Board issued an Order Granting Waiver under Section 120.542, F.S. (SFWMD 2007-808-DAO-ROW), on November 15, 2007, to the Collier County Parks and Recreation Department. The petition for waiver was received by the SFWMD on August 15, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 35, on August 31, 2007. No public comment was received. This Order provides a waiver for the proposed installation of a concrete sidewalk with aluminum pedestrian railing along the south side of the Spanish Oaks Lane bridge crossing the I-75 Canal and within the southwest bridge quadrant at its intersection with Tarpon Bay Boulevard in Collier County under Right of Way Occupancy Permit Number 13189; Section 29, Township 48 South, Range 26 East, Collier County. Specifically, the Order grants a waiver of subsections 40E-6.011(4) and (6), and Rule 40E-6.221, F.A.C., which governs the placement of above-ground permanent and semi-permanent encroachments 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 granting of this waiver will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation and routine maintenance activities property interests and ability to construct, operate and maintain Works and Lands of the District activities; and 2) the Order granting a waiver from the subject rule would prevent the Petitioner from suffering a substantial hardship.

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