The District's Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-582-DAO-ROW), on September 13, 2007, to Michael and Valerie Ferguson. The petition for waiver was received by the SFWMD on July 25, 2007. ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

NOTICE IS HEREBY GIVEN THAT on September 13, 2007, the South Florida Water Management District (District) has issued an order concerning Rule 40E-6.011, F.A.C., Policy and Purpose.

The District’s Governing Board issued an Order Granting Waiver under Section 120.542, F.S. (SFWMD 2007-582-DAO-ROW), on September 13, 2007, to Michael and Valerie Ferguson. The petition for waiver was received by the SFWMD on July 25, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 32, on August 10, 2007. No public comment was received. This Order provides a waiver to allow two existing palm trees located 36 feet from the top of canal bank to remain within the south right of way of C-1N at the rear of 12721 S. W. 150 Terrace, Section 23, Township 55, Range 39 East, Miami-Dade 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 Permit Applications within the South Florida Water Management 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. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver, as follows: 1) the two existing palm trees 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 Petitioner from suffering a financial hardship.

A copy of the Order may be obtained by contacting: Juli Triola, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone number [phone], or by e-mail jtriola@ sfwmd.gov.