ORDERS:
CONSENT ORDER AND SETTLEMENT AGREEMENT
It appearing that Petitioner filed its Notice of Contested Case;
It further appearing that all parties have agreed to cooperate in future
actions as described below; and it further appearing that all parties consent to
the entry of this Order,
NOW THEREFORE,
1.The following agreement shall be made part of the record:
A.Briarcliffe Acres Association (Briarcliffe) agrees to dismiss
its appeal of Permit No. OCRM-03-264-E with prejudice, and the
subject matter shall be withdrawn from the S.C. Administrative
Law Court’s jurisdiction;
B.Ocean Creek Plantation will, in good faith, participate in
meetings with the staff of the Office of Ocean and Coastal
Resource Management and Briarcliffe Acres Association
(Briarcliffe), with the intent of promoting the study of the
swash adjacent to both properties and studying any steps
needed to maintain or improve the health of the critical area;
C.Ocean Creek will agree to good faith efforts to participate in
meetings and discussions with OCRM in determining whether the
area should be the subject of a Special Area Management Plan
or similar study and resource protection effort;
D.Ocean Creek agrees not to contest the activation of the
erosion permit currently held by Briarcliffe, Permit No. 2000-1W-238-P.
2.The cooperation and assistance of Ocean Creek in meeting with OCRM
shall not obligate Ocean Creek to agree to give up any such rights
as they currently have and will have in the future pursuant to the
laws and regulations of the State of South Carolina to protect the
subject property and any structures or other items appurtenant to
the property.
3.The cooperation of Ocean Creek in such discussions or studies shall
not create a financial commitment on the part of Ocean Creek, unless
so decided upon and approved by the Ocean Creek Plantation Property
Owners Association. Ocean Creek shall not seek to block, by lobbying
or similar effort, any county or other public funding for studies
related to the Swash.
AND IT IS HEREBY ORDERED that the above settlement agreement shall dispose
of the appeal of Permit No. OCRM-03-264-E issued to the permittee Ocean Creek
Plantation POA;
AND IT IS FURTHER ORDERED that this case shall be dismissed with prejudice
to Petitioner Briarcliffe Acres;
AND IT IS FURTHER ORDERED that the agreements above shall be binding and
enforceable in the proper Court of Law.
AND IT IS SO ORDERED this 11th day of April, 2005 at Greenville, South
Carolina.
________________________________________
RAY N. STEVENS
ADMINISTRATIVE LAW JUDGE |
