NOTICE IS HEREBY GIVEN that on April 12, 2006 the South Florida Water Management District (SFWMD) Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2006-043-DAO-ROW), received a petition for Florida Department of Transportation (FDOT). The petition for waiver was received by the SFWMD on December 5, 2005. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 32, No. 11, on March 17, 2006. No public comment was received. This Order provides a waiver for the proposed installation of four (4) guardrail segments within the south right of way of the C-11 Canal, from I-75 east to Flamingo Road Bridge (approximately 2 miles) in conjunction with the proposed widening of Griffin Road (S.R. 818); S26,27/T50S/R40E, Broward County. Specifically, the Order grants a waiver from Rule 40E-6.011(4),(6), Fla. Admin. 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 Rule 40E-6.091(1), Fla. Admin. Code, which governs the placement of above-ground semi-permanent and/or permanent facilities within 40’ of the top of the 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 facilities 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 FDOT from suffering a substantial hardship.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Kathie Ruff at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone number (561) 682-6320; or by e-mail kruff@sfwmd.gov.