ORDERS:
ORDER
This matter was
remanded to the Administrative Law Court by order of the Coastal Zone
Management Appellate Panel dated March 5, 2004, after the Panel’s order was
affirmed by the order of the Court of Common Pleas for Beaufort County dated October 7, 2004. Following the order remanding the case, the parties reached a
settlement of the case and have requested that the Administrative Law Court
make their agreement the final order of the Court. The agreement of the parties
is as follows:
1.
The parties stipulate, pursuant to Rule 25(C) of the Rules of Procedure for the
Administrative Law Court, that the South Carolina Coastal Conservation League
(“League”) has members who regularly use and enjoy the public waterways in the
immediate vicinity of the dock proposed under the permit which is the subject
of this proceeding, and have alleged that the proposed dock would result in
damage to their use and enjoyment of those public waters.
2.
Craig and Christi Henry withdraw all of their objections to the League’s motion
to intervene in this matter, and withdraw all of their arguments regarding the
League’s standing to participate in this case.
3.
The permit at issue in this case, OCRM-02-935, shall be affirmed with the
following modifications:
A.
The location of the dock and its boardwalk will be moved to a new location and
its dimensions shall be altered, all in accordance with the letter of December
1, 2004, from C. W. Browder, III, of OCRM to Craig Henry and Reed Armstrong.
B.
Craig and Christi Henry shall submit to OCRM new drawings that reflect the
location and design of the dock as modified. A copy of these drawings shall be
provided to the South Carolina Coastal Conservation League at the same time.
C.
Upon receipt and review of new drawings in accordance with this order, OCRM
shall issue a modified permit to Craig and Christi Henry that will contain the
new conditions stipulated in this order together with all other special and
general conditions that would apply.
4.
The Consent Order of April 7, 2003 shall be amended to conform to this
agreement.
5.
This proceeding shall be ended by the issuance of this order.
Having reviewed the
agreement of the parties, the Court hereby accepts and adopts it as the Order
of the Administrative Law Court.
Accordingly,
IT IS HEREBY ORDERED
that the agreement of the parties is made the order of the Administrative Law
Court; that the Court adopts the proposed finding as to the standing of the
South Carolina Coastal Conservation League and the League is hereby admitted as
a party to this case; that the Consent Order of April 7, 2003 is hereby amended
to conform to this order; that this matter is hereby ended, and this order
shall constitute the final order of the Administrative Law Court in this
proceeding.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law
Judge
January 12, 2005
Columbia, South Carolina |
