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r•ar � <br />BOOK <br />the Board that a riparian owner owns up to the mean high water <br />line. Any accretion to that belongs to the riparian owner <br />because the mean high water line will move, and any loss of <br />property is his loss; so, he doesn't have a right to go back and <br />fill in. <br />Attorney Barkett felt the Board has a misconception. The <br />County doesn't own 401, it only owns the traveled way, and that <br />traveled way only touches the river for about 20/30' there. The <br />developer may gain 20/30' river frontage, but the formula the DER <br />is using is 1 boat slip every 1001; so, this is insignificant to <br />the applicant. Attorney Barkett stressed that the developer <br />doesn't particularly care if the County does this or not, but <br />just wanted to make the offer. What this does is give the County <br />a deed to 401, and it shifts it 10' landward. <br />Chairman Wheeler wondered why the developer wants to make <br />the offer, and Attorney Barkett noted that this came up in 1985 <br />and.apparently it was something the County wanted, and he thought <br />the County might still want it. <br />Attorney Vitunac advised that his office can't see any bad <br />motive behind this. The benefit to the County is that it gives <br />us actual title to 401. He will get his riverfront, and we will <br />get 401, which is to our interest. What he does with the dock <br />permitting is another issue. <br />MOTION WAS MADE by Commissioner Scurlock, SECONDED by <br />Commissioner Bird, to approve Option 2 of staff's <br />recommendation. <br />Chairman Wheeler wanted to be assured the developer won't <br />put docks there, and Attorney Barkett did not believe he could be <br />assured of that. <br />Chairman Wheeler noted that if we keep it, nobody can build <br />docks there unless the County agrees, but Attorney Barkett stated <br />that is wrong. The County only owns 20/30' on the river anyway, <br />56 <br />