On March 15, 2012, the District’s Governing Board issued SFWMD Order No. 2012-027-DAO-ROW to Broward County Highway and Bridge Maintenance Division (Application No. 12-0130-1M). The petition for waiver was received by the District on January 30, ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

The South Florida Water Management District (District) hereby gives notice:
On March 15, 2012, the District’s Governing Board issued SFWMD Order No. 2012-027-DAO-ROW to Broward County Highway and Bridge Maintenance Division (Application No. 12-0130-1M). The petition for waiver was received by the District on January 30, 2012. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 38, No. 8, on February 24, 2012. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the placement of a concrete barrier wall with guardrailing at the northwest and southeast quadrants of the existing Pine Island Road bridge crossing the C-13 Canal; Sections 28 & 29, Township 49 South, Range 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6) and paragraph 40E-6.221(2)(j), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above-ground structures within 40 feet of the top of canal bank and within the District’s designated equipment staging areas located at all bridges and pile-supported utility crossings 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 barrier wall and guardrailing 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 is based upon principles of fairness.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC #1410, West Palm Beach, Florida 33406-4680, [phone] or by email: jurussel@ sfwmd.gov.