On March 15, 2012, the District’s Governing Board issued SFWMD Order No. 2012-028-DAO-ROW to Florida Department of Transportation (Application No. 11-1102-2). The petition for waiver was received by the District on November 2, 2011. Notice of ...

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. 2012-028-DAO-ROW to Florida Department of Transportation (Application No. 11-1102-2). The petition for waiver was received by the District on November 2, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 47, on November 23, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the proposed placement of a guardrail within the south right of way of C-100 Canal at the southeast quadrant of the Dixie Highway (SR 5/US 1) bridge; Section 28, Township 55 South, Range 40 East, Miami-Dade 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 proposed guardrail 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 substantial hardship.
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.