SFWMD Order No.: 2010-151-DAO-ROW was issued to Adele J. Gold (Application No.: 10-0505-1M). The petition for waiver was received by the District on May 5, 2010. 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 August 12, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-151-DAO-ROW was issued to Adele J. Gold (Application No.: 10-0505-1M). The petition for waiver was received by the District on May 5, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 21, on May 28, 2010. An amended petition was received by the District on June 20, 2010. Notice of receipt of the amended petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 27, on July 9, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing fence enclosure, fabric tube erosion barrier, removable tables, and various trees and shrubs within the north right of way of the C-17 Canal; Section 16, Township 42 South, Range 43 East, Palm Beach 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 of 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 would prevent Petitioner from a suffering a substantial hardship and would violate 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 email: [e-mail].