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i <br /> i <br /> information to them, but had not had a finding from them. Mr. Hayes said that' <br /> correct, and they now have the Corps' finding and have given it to this Commission. <br /> Elliot read from the emergency permit: 'Special Conditions: Any further dredging <br /> beyond this one-time emergency approval will be subject to a new N01 plan, a final <br /> Order of Conditions, or a DEP variance.0 He said vire can't give an order of Conditions <br /> because it's in violation of the regulations. We made that problem clear at that time. <br /> Elliot said there was a discussion that the new Notice of Intent would have language <br /> that vire could accept. It did not violate the regulations. IIIb. Hayes said they were <br /> hanging their hat on the fact that they told this Board that by the time they filed a new <br /> Notice of Intent, they would have all Federal and State permits in hand from which we <br /> could mirror an order of Conditions. <br /> Elliot said they have no Mete permit which covers those state regulations. That"s the <br /> problem. There are State regulations which we have no right to violate or amend. We <br /> have the authority to waive certain provisions, but we have no authority to waive or <br /> modify the regulations which Bob quoted. He said they had a one-tine emergency <br /> certificate which we worked with. The Corps does not deal Wth Mate regulations. <br /> said the feel that Save P onesset Ba i not their fight and maybe <br /> 1111'. Harrington � y pp <br /> they have core too far with it. Maintaining the waterways in Mashpee is not their <br /> responsibility, but they have been paying for thea. If the Town wishes to turn thein <br /> down and cavalierly tell therm to file a variance which is $10,000, they cannot and vAll <br /> not do it. It-s the Town's responsibility, the Waterways Commission's and the <br /> Harbor'master's responsibility, not their non-profit association's. They are homeowners <br /> trying to do the common good. They paid for the Army corps of Engineers' survey <br /> which Michael Talbot requested. They did everything that every Federal and State <br /> agency requested, they did everything that this Board requested. They were requested <br /> to do an N011, he thought they did the right thing. He said this Board has the legal right <br /> to give them this permit, that Kopelrnan & Paige ruled on this last December-- he <br /> confirmed this with Joyce Mason this week. Koplman & Paige gave their legal opinion <br /> to Mr. Sherman that it was not against the law. He said Mr. Sherman said at the last <br /> meeting that if this request is granted, that probably no other Federal or State agency <br /> would criticize this decision. <br /> Bob said it's quite possible that no one will criticize this decision — the only one who <br /> ould know that it would be illegally vurong is us. He said he or this Board has never <br /> been cavalier with anyone. <br /> l'll'lr. Harrington said they can just pay for so much. If the Board thinks it's illegal, so b <br /> it. They are of the opinion that the Board has the authority to approve this request. <br /> Jack asked if Kopelrnan & Pane said that we have the legal right to approve this 1401. <br /> Bob said that's not an exact statement, that we have the fight to approve or disapprove <br />