On September 13, 2018, the District's Governing Board issued SFWMD Order No. 2018-040-DAO-ROW to Florida Power & Light Co. (Application No. 18-0420-5). The petition for waiver was received by the District on July 12, 2018. Notice of receipt of the ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District (District) hereby gives notice: On September 13, 2018, the District's Governing Board issued SFWMD Order No. 2018-040-DAO-ROW to Florida Power & Light Co. (Application No. 18-0420-5). The petition for waiver was received by the District on July 12, 2018. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 44, No. 139 on July 18, 2018. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District allow installation of an aerial utility project within the north right of way of the Golden Gate Main Canal; Section 13, Township 49 South, Range 26 East; Collier County. Specifically, the Order grants a waiver from subsections 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, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and semi-permanent above-ground structures within 40 feet of 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 proposed installation 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].