Order No. 2008-222-DAO-ROW grants a Waiver under Section 120.542, Fla. Stat., to Collier County Board of County Commissioners. The Petition for Waiver was received by the SFWMD on November 27, 2007 and amended on March 28, 2008. Notice of receipt ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

NOTICE IS HEREBY GIVEN THAT on May 15, 2008, the South Florida Water Management District (SFWMD) Governing Board has issued an order.

Order No. 2008-222-DAO-ROW grants a Waiver under Section 120.542, Florida Statutes, to Collier County Board of County Commissioners. The Petition for Waiver was received by the SFWMD on November 27, 2007 and amended on March 28, 2008. Notice of receipt of the original petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 33, No. 50, on December 14, 2007 and Notice of receipt of the Amended Petition was published in the Florida Administrative Weekly, Vol. 34, No. 15, on April 11, 2008. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed installation of bollards (posts) and signage within the north right of way of the Cocohatchee Canal beginning 1/4 mile east of C.R. 951 easterly approximately 1 & 1/2 miles where it connects with an existing County pathway; Sections 23 and 24, Township 48 South, Range 26 East, Collier County. Specifically, the Order grants a waiver from paragraph 40E-6.221(2)(a) and (j), Florida Administrative Code, 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), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above ground facilities within 40 feet of the top of the canal bank 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 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 would prevent Collier County Board of County Commissioners from suffering a substantial hardship.

A copy of the Order may be obtained by contacting: 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].