On May 10, 2012, the District's Governing Board issued SFWMD Order No. 2012-055-DAO-ROW to Gerald Oliverie, Trustee of the Curtis Kraul and Carmela Polise Kraul Living Trust (Application No. 11-0506-1). The petition for waiver was received by the ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-6.221: Conditions for Issuance of Standard Permits

The South Florida Water Management District (District) hereby gives notice on May 10, 2012, the District’s Governing Board issued SFWMD Order No. 2012-055-DAO-ROW to Gerald Oliverie, Trustee of the Curtis Kraul and Carmela Polise Kraul Living Trust (Application No. 11-0506-1). The petition for waiver was received by the District on March 13, 2012. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 38, No. 12, on March 23, 2012. No public comment was received. This Order provides a waiver of the District's criteria to allow an existing dock within the north right of way of the C-16 Canal at the rear of 718 Shore Drive to remain; Section 22, Township 45 South, Range 43 East, Palm Beach County. Specifically, the Order grants a waiver from 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 low member elevation of pile-supported docking 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 dock is located downstream of the District’s S-41 Water Control Structure and will not interfere with the District’s operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon substantial hardship and 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: [e-mail].