Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-024-DAO-ROW), on February 15, 2007, to Donald A. Murphy. The petition for waiver was received by the SFWMD on November 6, 2006. Notice of receipt of the petition requesting the waiver was ...

 

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 2007-024-DAO-ROW), on February 15, 2007, to Donald A. Murphy. The petition for waiver was received by the SFWMD on November 6, 2006. Notice of receipt of the petition requesting the waiver was published in the issue Vol. 32, No. 47, F.A.W., on November 22, 2006. An amended petition for waiver was received by the SFWMD on January 10, 2007. Notice of receipt of the amended petition requesting the waiver was published in the issue Vol. 38, No. 04, F.A.W., on January 26, 2007. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed temporary vehicular use of a L-28 right of way to gain access to the applicant’s camp; S23/T51S/R34E, Collier County. Specifically, the Order grants a waiver from paragraph 40E-6.221(2)(j), F.A.C., 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), F.A.C., which governs the requirement that, except for utilities, an applicant must own or lease the land lying adjacent to the District Work 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 Donald A. Murphy from suffering a substantial hardship.

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]