HomeMy WebLinkAbout1442 defendants prior to completion of the work in Area C.
7. In the event that a contract for sale or lease
sufficient to provide the Defendants with the necessary access
via an upland route is not obtained within thirty (30) days of the
commencement of negotiations for such contract or lease, provided
that such negotiations for such contract or lease are commenced
within thirty (30) days from the date of this Stipulation,~then
Solution 6, set forth in (5) B.below, shall be implemented by the
parties.
6, Solution B-- Access Across the Savannahs
1. The Plaintiff and Defendants agree to the filling
and excavation of those areas below the fifteen (15) foot contour
line as indicated on the map in Exhibit #1 (attached hereto). All
fill material shall be clean fill and shall not be obtained from
below the fifteen (15) foot contour line except that the Defendants
may relocate that fill material located in Area B(as shown in
Exhibit #1) as provided in (5)~A.S. above.
2. (a) The Plaintiff and Defendants agree to refer
to consultants the issue of the impact of obstructions, such as
earthen causeways, on the Savannahs at points in the Savannahs marked
E Area A. Area B, and Area C as shown in Exhibit #1 (attached hereto).
~ The Plaintiff shall select one consultant to represent it, and the
~ Defendants shall select one consultant to represent them. The
~
~ consultants shall have expertise in the field of hydrodynamics, and
shall develop and execute a study which is mutually agreeable to them
for determining the natural and wind-driven current, waterflow, and
movement in the Savannahs and for evaluating the impact of said
constructions on the Savannahs. The study shall be developed and.
conducted in consultation with a biologist designated by the Plaintiff
~
and a biologist designated by the Defendants to determine the
~ biological and ecological effects of said obstruction on the Savannahs.
Included in the study shall be a.determination of whether a four
~
~ lane access highway, as desired by the Defendants, will have a
~
~ significantly greater impact on water movement than a two lane
access highway. Also to be determined shall be the number and
placement of culverts as shown in Area C.
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