ORDERS:
CONSENT ORDER OF DISMISSAL
The case is a contested
case appeal of a permit issued to Smith Land Company by the South Carolina
Department of Health and Environmental Control, Office of Ocean and Coastal
Resource Management. Following a hearing on the merits and the issuance of the
Final Order and Decision of this Court on July 10, 2007, the Petitioners appealed
to the Coastal Zone Management Appellate Panel. Prior to the hearing of that
appeal, the parties reached an agreement to resolve the case, and the case was
remanded to this court for the purpose of allowing the parties to request that
their agreement be adopted as the Order of this Court and that the prior ruling
be vacated.
The Court has reviewed the
parties’ agreement and has concluded that it would be appropriate to adopt the
agreement as the Court’s Order in this case. The agreement of the parties is
attached hereto and made part and parcel thereof. The previous Final Order and
Decision of this Court dated July 10, 2007 is hereby vacated. The agreement
contained herein shall act as the amendment to the existing permit and shall be
fully enforceable by all parties to this agreement as fully as any other permit
issued and certified by SCDHEC/OCRM.
Now,
therefore, upon the joint motion and consent of the parties, this case is
hereby dismissed, with prejudice, except as to enforcement of the terms of the
agreement stated and incorporated herein.
AND IT IS SO
ORDERED.
______________________________________
John D. McLeod
Administrative Law Judge
Columbia, South Carolina
February 27, 2008
WE SO MOVE AND CONSENT:
__________________________________
James S. Chandler, Jr.
Attorney for Petitioners
__________________________________
Evander Whitehead
Attorney for DHEC/OCRM
__________________________________
C. C. Harness, III
Attorney for Smith Land Company
STATE OF SOUTH CAROLINA
DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
Georgetown County League of Women Voters and ) Docket
No.: 06-ALJ-07-0177-A-CC
South Carolina Coastal Conservation League, )
)
Petitioners )
)
)
v. ) SETTLEMENT AGREEMENT
)
)
Smith Land Company and South Carolina )
Department of Health and Environmental Control, )
Office of Ocean and Coastal Resource )
Management )
)
Respondents. )
This Settlement
Agreement is entered into by the Georgetown County League of Women Voters
(“League”), South Carolina Coastal Conservation League (“SCCCL”), the South
Carolina Department of Health and Environmental Control (“Department”) and
Smith Land Company (“Smith”). This agreement is intended to settle the appeal
pending before the S.C. Coastal Zone Management Appellate Panel (CZMAP)
associated with Administrative Law Court docket number 06-ALJ-07-0177-CC, being
on appeal of Permit No. 2002-1H-348-P. Accordingly, all of the above parties
agree and consent to the following:
1) Smith Land Company shall not undertake any work under the permit that is
the subject of this appeal until such time as the terms of this Settlement
Agreement are satisfied in full and thereafter work must be undertaken pursuant
to the permit as revised in accordance with this agreement.
2) The parties will jointly move and consent to the CZMAP remanding this
matter to the Administrative Law Court.
3) The parties will jointly move and consent to the Administrative Law
Court vacating the Final Order and Decision (06-ALJ-07-0177-CC) filed on July
10, 2007.
4) The parties will jointly move and consent to the Administrative Law
Court entering an order accepting this Settlement Agreement and otherwise
dismissing the matter with prejudice except as to rights of enforcement of this
agreement.
5) Apart from the procedural matters above, the substance of this
Settlement Agreement is that the appealed permit is declared void and shall be
replaced with the attached Critical Area & Water Quality Certification
Permit (2002-1H-348-P (Revised)), which shall be deemed issued upon entry of an
order by the Administrative Law Court, the new terms of which are hereby
incorporated by reference.
This agreement
is not final until all parties and/or authorized representation have executed
this agreement and it has been approved by the Court.
________________________
James S. Chandler, Jr., Esquire
South Carolina Environmental Law Project
Post Office Box 1380
Pawley’s Island, SC 29585
For Georgetown County League of Women
Voters and the South Carolina Coastal Conservation League
________________________ ________________________
C.C. Harness, III, Esquire Evander
Whitehead, Esquire
Law Offices of C.C. Harness, III SCDHEC
505 Belle Hall Parkway, Suite 101 1362
McMillan Avenue, Suite 400
Mt. Pleasant, SC 29464 Charleston, SC 29405
For Smith Land Company For
SCDHEC
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