On September 12, 2013, the District's Governing Board issued SFWMD Order No. 2013-078-DAO-ROW to CenturyLink (Application No. 13-0604-1M). The petition for waiver was received by the District on June 7, 2013. Notice of receipt of the petition ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.221:Conditions for Issuance of Standard Permits

The South Florida Water Management District (District) hereby gives notice: on September 12, 2013, the District's Governing Board issued SFWMD Order No. 2013-078-DAO-ROW to CenturyLink (Application No. 13-0604-1M). The petition for waiver was received by the District on June 7, 2013. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 39, No. 113, on June 11, 2013. No public comment was received. This Order provides a waiver of the District's criteria to allow the installation of an aerial crossing of the Henderson Creek Canal; Section 34, Township 50 South, Range 26 East; Collier County. Specifically, the Order grants a waiver from subsection 40E-6.221(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 minimum vertical clearance requirement for non-voltage aerial crossings 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 proposed aerial crossing will not 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 is based upon a substantial hardship.

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].