ORDERS:
CONSENT ORDERDISMISSING OF APPEAL
WHEREAS, on September 19, 2009, South Carolina Department of Health and Environmental Control (DHEC) issued Permit Number 2004-1 W-215-P to the City of North Myrtle Beach (City) which contained special conditions that became the subject of the above captioned appeal by the City;
WHEREAS, the South Carolina Coastal Conservation League and Gloria N. Perrone and Carol Repec Perrone Personal Representative of the Estate of Joel E. Perrone (Perrones) were permitted to intervene in the appeal;
WHEREAS, the nature of the Perrones’ property interest in the subject matter of Permit Number 2004-1 W-215-P was contested in an unrelated lawsuit and this Court stayed the above captioned matter until the Perrones’ property interest was finally determined;
WHEREAS, it was finally determined that the Perrones did not have any property interest in the subject matter of Permit Number 2004-1 W-215-P in Skipper v. Perrone --- S.E.2d ----, 2009 WL 294801 (S.C.App.2009);
WHEREAS, DHEC and the City have agreed to amend the permit to provide alternatives for the special conditions objected to by the City as shown on the attached Consent Order and amended permit;
WHEREAS, the South Carolina Coastal Conservation League has reviewed the amendments agreed to by DHEC and the City and it does not object to the amendments to Permit Number 2004-1 W-215-P; and
WHEREAS, no other entity has formally entered an objection or appeal to the Permit Number 2004-1 W-215-P.
NOW THEREFORE, IT IS HEREBY ORDERED that the above captioned appeal be and it hereby is dismissed. Further, DHEC is now instructed to issue Permit Number 2004-1 W-215-P to the City of North Myrtle Beach as shown on the amended version of Permit Number 2004-1 W-215-P as attached hereto.
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CAROLYN C. MATTHEWS
Administrative Law Judge
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