SFWMD Order No. 2009-182-DAO-ROW was issued to Lisa Strader (Application No. 09-0422-1). The petition for waiver was received by the SFWMD on April 29, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

NOTICE IS HEREBY GIVEN that on July 09, 2009, the South Florida Water Management District (District or SFWMD) has issued an order.
SFWMD Order No. 2009-182-DAO-ROW was issued to Lisa Strader (Application No. 09-0422-1). The petition for waiver was received by the SFWMD on April 29, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 19, on May 15, 2009. An amended petition for waiver was received by the SFWMD on June 4, 2009. Notice of receipt of the amended petition for waiver was published in the Florida Administrative Weekly, Vol. 35, No. 24, on June 19, 2009. No public comment was received. This Order provides a waiver of the District’s criteria for existing landscaping, fence, buried electrical service and lights, as well as the proposed installation of a sheet pile retaining wall with rip-rap, within the north right of way of C-10 Spur Canal; Section 5, Township 51 South, Range 42 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 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 is based upon principles of fairness.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone] or by email: [e-mail].