Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-470-DAO-ROW), on July 11, 2007, to Ernest L. Prather. The petition for waiver was received by the SFWMD on June 8, 2007. Notice of receipt of the petition requesting the waiver was ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.091: Publications Incorporated by Reference
40E-6.221: Conditions for Issuance of Standard Permits

NOTICE IS HEREBY GIVEN THAT the South Florida Water Management District (SFWMD) Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-470-DAO-ROW), on July 11, 2007, to Ernest L. Prather. The petition for waiver was received by the SFWMD on June 8, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 26, on June 29, 2007. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed temporary vehicular use of the L-28 right of way from U.S. 41 to the northerly terminus of L-28 to gain access to the applicant’s camp/cabin which is located approximately 3 miles from L-28 in Collier County; within Multiple Sections/T54, 53, 52S/R35E, Miami-Dade County. Specifically, the Order grants a waiver from subsection 40E-6.221(9), Fla. Admin. 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), Fla. Admin. Code, which governs the requirement that, except for utilities, an applicant must own or lease the land lying adjacent to the District Work 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 SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent Ernest L. Prather from suffering a substantial hardship.

A copy of the Order can be obtained from Kathie Ruff at the South Florida Water Management District, 3301 Gun Club Road, MSC 1413, West Palm Beach, FL 33406-4680, [phone] or by e-mail [e-mail].