NOTICE IS HEREBY GIVEN that on July 15, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-142-DAO-ROW was issued to U.S. Geological Survey (Application No.: 10-0330-1). The petition for waiver was received by the SFWMD on May 7, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 20, on May 21, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow for a proposed monitoring well within the north right of way of the C-2 Canal; Section 32, Township 54 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), 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 semi-permanent above-ground encroachments within 40 feet from the top of 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, (561)682-6268 or by email: jurussel@sfwmd.gov.