Notice of Variances and Waivers
RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
NOTICE IS HEREBY GIVEN that on May 13, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-089-DAO-ROW was issued to Palm Beach County Environmental Resource Management (Application No.: 09-1204-1). The petition for waiver was received by the SFWMD on December 4, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 51, on December 24, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow two existing gates to remain within the rights of way of C-18W at the Petitioner’s existing, previously-authorized pedestrian bridge located approx. 3.99 miles downstream of the Beeline Highway (S.R.710) Bridge; C-18W Canal, Section 30, Township 41 South, Range 42 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 forty feet of the top of the canal bank within works or land 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.
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, (561)682-6268 or by email: jurussel@sfwmd.gov.