David L. and Mindy J. Cox. The petition for waiver was received by the SFWMD on June 26, 2006. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 32, No. 27, on July 7, 2006. No public comment was received. ...

 

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 2006-107-DAO-ROW), on August 9, 2006, to David L. and Mindy J. Cox.  The petition for waiver was received by the SFWMD on June 26, 2006.  Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 32, No. 27, on July 7, 2006.  No public comment was received.  This Order provides a waiver for the proposed dredging, placement of rip-rap and native plantings and to allow an existing dock with slip, palm trees and landscape boulders to remain; and a waiver of the District’s criteria for the maximum encroachment of a moored vessel and a proposed treatment swale to remain within the north right of way of C-18E at the rear of 5824 Senegal Drive; S35/T40S/R42E, Palm Beach County.  Specifically, the Order grants a waiver from 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 Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the maximum allowable encroachment of vessels moored within District canals and the placement of swales 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 David and Mindy Cox from suffering a substantial hardship.

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, [phone], or by e-mail [e-mail]