South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Sands Beach Club HOA vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Sands Beach Club HOA

Respondents:
South Carolina Department of Health and Environmental Control and Horry County

Intervenor:
Dunes Golf and Beach Club
 
DOCKET NUMBER:
06-ALJ-07-0615-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me for entry of a Consent Order of Dismissal. All parties have provided their consent to disposition of this contested case in accordance with the terms, conditions and stipulations set forth herein.

This contested case arises out of an “after-the-fact” permit issued by the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, to Horry County on May 24, 2006, Permit Number 2005-2W-180-P. This permit authorized “swash channel relocation work conducted in June, 2005” and “periodic channel maintenance work in the future.” In accordance with the plans attached to the permit, the navigable waterbody known as Singleton Swash, located in Myrtle Beach and flowing directly into the Atlantic Ocean, would be relocated to what is described as its “original alignment.” Petitioner Sands Beach Club HOA owns property adjacent to Singleton Swash, as does Intervenor Dunes Golf and Beach Club. Petitioner’s property is located northeast of the proposed relocation, and Intervenor’s property is located west of the proposed relocation.

Petitioner seeks to withdraw its appeal of the after-the-fact permit, Permit Number 2005-2W-180-P, based on Respondents’ agreement to stipulate as follows:

1. Respondent Horry County stipulates and agrees that it will abide by all terms and conditions of the permit identified as 2005-2W-180-P, hereinafter referred to as “the after-the-fact permit.” Moreover, Horry County stipulates and agrees that its intent in implementation of the after-the-fact permit is consistent with the statements of its authorized agent, Joseph C. Floyd, as set forth in the letter of June 7, 2006, from Joseph C. Floyd to Robin Coller-Socha at the Charleston District, U. S. Army Corps of Engineers, attached hereto as Exhibit A to this Order. Horry County further stipulates and agrees that Exhibit A was sent by Mr. Floyd on behalf of Horry County in response to the comment letter filed by Sands Beach Club HOA objecting to the joint public notice of the after-the-fact permit.

2. Respondent South Carolina Department of Health and Environmental Control stipulates and agrees that the terms and conditions of the after-the-fact permit are enforceable by SCDHEC.

Based on the consent of all parties, as is evidenced by their signatures below, and based on the acknowledgement of Respondents Horry County and the South Carolina Department of Health and Environmental Control of the stipulations, this contested case is, hereby, dismissed.

AND IT IS SO ORDERED.

____________________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

April 23, 2007

I SO MOVE:

McNair Law Firm, P.A.

By:______________________

Mary D. Shahid

Attorney for the Petitioner

I CONSENT AND STIPULATE TO THE TERMS SET FORTH ABOVE:

South Carolina Department of Health & Environmental Control

By:______________________

Evander Whitehead

Attorney for Respondent

South Carolina Department of Health

& Environmental Control

I CONSENT AND STIPULATE TO THE TERMS SET FORTH ABOVE:

Horry County

By:______________________

John L. Weaver

Horry County Attorney

I CONSENT:

Law Offices of C.C. Harness, III, P.C.

By:_______________________

C.C. Harness, III

Attorney for Intervenor

Dunes Golf and Beach Club


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