The South Florida Water Management District (District) Governing Board hereby gives notice:
On April 14, 2011, SFWMD Order No. 2011-060-DAO-ROW was issued to Robert Kyle and Joy Luanne Ray (Application No. 11-0304-1). The petition for waiver was received by the District on March 4, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 11, on March 18, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the temporary utilization of L-28 Canal for traveling to and from property located 1.3 miles from L-28 in Big Cypress; Miami-Dade and Collier Counties. Specifically, the Order grants a waiver from subsection 40E-6.221(9), 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 requirement that, except for private and public utilities, an applicant must own or lease the land lying adjacent to the District Works 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 temporary use 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 the Petitioner from a suffering a substantial hardship.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone: (561)682-6268; or by email at: jurussel@sfwmd.gov.