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HomeMy WebLinkAbout1445 (8) The Defendants understand and agree that this Stipulation is only between the Plaintiff and them. It does not apply to, bind, speak for, or limit the rights of, any other agencies or persons who may have an interest in the matters in this cause. (9) The Def endants understand and agree that this agreement does not relieve them of any other requirements to apply to the Plaintiff Department of Pollution Control for necessary permits associated with their Twin Banyans project. (10) The Defendants agree to perform no further work below the fifteen (15) foot contour line in the Savannahs until appropriate permits have been obtained from the Plaintiff Department of Pollution Control except as follows: A. Improvement of a roadway in the area presently occupied by the "sand road" in the vicinity of Area C. Provided that such roadway shall not be expanded in width but may be expanded in height. 6. If, prior to the completion of the study to be con- ducted by the consultants as set out in (5) B. above, the Defendants demonstrate to the Plaintiff that, af ter a concerted and good faith effort, they were unable to obtain upland access as contemplated by Solution A, then the Defendants will be permitted to proceed with construction in Area C(as shown on Exhibit No. 1) prior to the com- " pletion of the study by the consultants. Any placing of the culverts ~ ~ as contemplated by this subparagraph prior to the completion of the ` study and final recommendations of the consultants shall be done as ~ ~ ~ set forth below: 1. One thirty-six (36) inch culvert shall be placed fifty (50) feet east of the point at the westernmost end of the "sand road" across Area C(as shown on Exhibit No. 1). 2. One thirty-six (36) inch culvert shall be placed :x one hundred and fifty (150) feet east of the point at the westernmost end of the "sand road" across Area C(as shown on Exhibit No. 1). ~ . 3. One thirty-six (36) inch culvert shall be placed ~ two hundred and fifty (250) feet east of the point at the westernmost end of the "sand road" across Area C(as shown on Exhibit No. 1). ; ~ - - ~0~225 ~1443 - ~x~ _ _ - ~Y`-`-a. - - M ~;:l;=- - ~ Y~