The District Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-807-DAO-ROW), on November 15, 2007, to Florida Department of Transportation. The petition for waiver was received by the SFWMD on August 28, ...

 

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 2007-807-DAO-ROW), on November 15, 2007, to the Florida Department of Transportation. The petition for waiver was received by the SFWMD on August 28, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 39, on September 28, 2007. No public comment was received. This Order provides a waiver for the widening of US-1/SR5 over the C-103N Canal under Modification to Right of Way Occupancy Permit Number 3103; Section 33, Township 56 South, Range 39 East, Miami-Dade County. Specifically, the Order grants a waiver of subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), F.A.C., which governs the placement of permanent and semi-permanent encroachments within Works or Lands of the District and governs the minimum low member elevation of pile-supported facilities 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].