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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