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Commissioner Bird asked what they will take into considera- <br />tion at such a hearing that they haven't already considered, and <br />Attorney Brandenburg stated that the purpose of this hearing is <br />to give the DER a chance to reconsider all the evidence. <br />Chairman Lyons felt all this hinges on the character of the <br />grass beds and oyster beds involved and whether they are <br />significant <br />Discussion continued at length in regard to who determines <br />whether these grass beds are significant or not. <br />Commissioner Scurlock asked Henry Muller, developer of River <br />Run, how serious the delay for such a hearing is. <br />Mr. Muller stated that it is quite serious. There could be a <br />6 month delay and with that kind of a delay, he did not know that <br />they would be able to proceed. There are about ten agencies <br />involved in the development of this project, and this is the <br />first that has issued a permit. Mr. Muller believed what they <br />are facing here is a bit of a "bug -a -boo," and he felt possibly <br />they could clear up some questions today. <br />Ellie Van Os came before the Board on her lunch hour, sneaking <br />as a citizen of the County and as Conservation Chairman of the Pelican <br />Island Audubon Society. She felt what everyone is overlooking is that <br />this stretch of the river was included in the aquatic preserve <br />status, and she believed there is a section in the County's <br />Comprehensive Land Use Plan that prohibits dredging in any <br />aquatic preserves. <br />Planner Challacombe confirmed this and read aloud the <br />applicable section in the Coastal Zone Element. <br />Question arose as to whether the Governor has signed the <br />Bill which would make this an aquatic preserve as yet, and <br />Director Keating noted that at the time staff made comment, we <br />were not in an aquatic preserve. <br />Chairman Lyons asked why the Audubon Society doesn't make <br />this comment since they apparently have the standing to do so, <br />65 <br />