Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-099-DAO-ROW), on July 12, 2006, to Enrique Cusco and W. Maria G. Zerpa. The petition for waiver was received by the SFWMD on May 25, 2006. Notice of receipt of the petition requesting the waiver ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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 2006-099-DAO-ROW), on July 12, 2006, to Enrique Cusco and W. Maria G. Zerpa. The petition for waiver was received by the SFWMD on May 25, 2006. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 32, No. 23, on June 9, 2006. No public comment was received. This Order provides a waiver for an existing and proposed sand cement rip-rap retaining wall and an existing fence encroaching approximately 10' (to the top of the canal bank) to remain within the south right of way of C-2 at the rear of 8217 S. W. 84th Terrace; S34/T54S/R40E, Miami-Dade County. Specifically, the Order grants a waiver from subsection 40E-6.011(4), and (6), 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 placement of semi-permanent/permanent above-ground facilities within 40' of the top of 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 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 Enrique Cusco and W. Marie G. Zerpa from suffering a violation of the principles of fairness.

A copy of the Order can be obtained from: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone [phone] or by e-mail [e-mail].