On June 9, 2011, the District Governing Board issued SFWMD Order No. 2011-082-DAO-ROW was issued to Miami-Dade County Park and Recreation Dept. (Application No. 10-0106-1M). The petition for waiver was received by the District on July 1, 2010. ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

The South Florida Water Management District (District) hereby gives notice:
On June 9, 2011, the District Governing Board issued SFWMD Order No. 2011-082-DAO-ROW was issued to Miami-Dade County Park and Recreation Dept. (Application No. 10-0106-1M). The petition for waiver was received by the District on July 1, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 28, on July 16, 2010. An Amended Petition was received on April 26, 2011. Notice of receipt of an amended petition was published in the Florida Administrative Weekly, Vol. 37, No. 20, on May 20, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the installation signage and access control features within the south right of way of C-1 Canal from US1 to S.W. 244th Street and the north right of way of C-1W Canal from US1 to north of Eureka Drive associated with the Black Creek Trail; Section (multiple), Township 56 South, Range 39 & 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6), and paragraph 40E-6.221(2)(j), Fla. Admin. 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), Fla. Admin. Code, which governs the placement of above-ground permanent and/or semi-permanent encroachments within 40’ of the top of the canal bank and within designated 100’ long equipment staging areas 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 use 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 the Petitioner from a suffering a substantial hardship.
This is a corrected notice that was originally published in the Florida Administrative Weekly, Vol. 37, No. 25, on June 24, 2010.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone: [phone] or by email at: [e-mail].