ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me by consent of the parties for entry of a consent order. This
contested case hearing arises out of an appeal of the decision of the Respondent, South Carolina
Department of Health and Environmental Control, Office of Ocean and Coastal Resource
Management (“OCRM.”), to deny and amendment request to permit number OCRM-97-554.
The Petitioner, Murray G. Honick, applied to OCRM for an “after the fact” amendment to
authorize the construction of a 10’ by 16’ floating dock and a 3’ by 8’ ramp, which is located at
931 Mt. Gilead Drive, Murrells Inlet, Horry County, South Carolina. OCRM denied the request
on October 30, 2002, based on the fact that it would interfere with the adjacent property owner’s
ability to replace his existing bulkhead and the use and enjoyment of his property. The
Petitioner requested a contested case hearing before the Administrative Law Judge Division. On
February 19, 2003, Johnny Squires, through his counsel, filed a Motion to Intervene in the
proceedings. No party has objected to that Motion. I, therefore, grant the Motion to Intervene.
The parties having resolved their differences, it is hereby agreed that:
1.Within 60 days of the date of this Order, the existing floating dock will be moved
from its present location to the opposite side of the fixed pierhead according to the attached
drawing, which is attached hereto and incorporated herein as Exhibit A;
2.The structure is approved by OCRM in the location depicted on Exhibit A.
3.This agreement is binding on the parties’ heirs and assigns.
THEREFORE, it is ORDERED that the amendment is hereby granted in accordance with
the terms set forth above, and the matter is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
August 7, 2003 |
