ORDERS:
CONSENT ORDER OF SETTLEMENT AND DISMISSAL
This proceeding arises out of the application of the Pawleys Island Baptist Church, a South Carolina Not-for Profit Corporation,
[hereinafter the "Church"] for a state storm water permit for the construction of a new sanctuary and other improvements of its
property on US Highway 17 in the Pawleys Island area of Georgetown County. In a related application, the church also requested a
wetland fill permit from the US Army Corps of Engineers which required a coastal zone consistency certification by the South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (DHEC/OCRM).
After DHEC/OCRM issued the storm water permit and consistency certification, requests for a contested case hearing were filed by
Mary W. Abel, Daniel C. Abel and David F. Mims.
The parties have met, discussed, negotiated, and resolved their differences, and have reached a settlement which they desire to have
incorporated into this order. Specifically, the parties have agreed as follows:
1. The designs for the storm water pond and other improvements at the site shall be amended so that approximately one-half
(50%) of the wetland area on the site shall be preserved. The storm water pond shall be altered to be located and configured as
depicted in the drawing attached hereto as Exhibit A. The Church shall also amend its plans for the proposed structure shown on
Exhibit A as "PROPOSED FUTURE BUILDING PHASE II" so that no portion of this structure will encroach upon the area of the
wetland.
2. The Church agrees that it will instruct its engineers, architects, contractors and others working on the Church improvement
project and storm water management project, to continue to explore additional design changes, where feasible from a time and cost
perspective, which will allow possible additional expansion of the wetland area to be preserved.
3. The Church agrees that the wetland preserved by this Consent Order shall remain in its natural state.
4. In constructing the storm water system and church improvements, the Church shall instruct its engineers, architects,
contractors and others working on its behalf to employ all available Best Management Practices to prevent harm to the wetland
beyond that authorized by this agreement and by the permit and certification as hereby amended. In the event such additional harm to
the wetland occurs despite best efforts, the church will restore or mitigate any such harm.
5. Within the area designated on Exhibit A as the "30' NOISE/VISUAL BUFFER," the Church shall maintain a vegetated
buffer of native, evergreen shrubbery and trees, with a density of at least one evergreen tree and one shrub every ten (10) feet; the
trees and shrubs will be leyland cypress and wax myrtles and similar species, and at planting will be at least six (6) feet in height with
fifty percent (50%) of the trees at least ten (10) feet in height; provided however, that the portions of the vegetated buffer in wetland
areas or in wooded areas not affected by development on the property, will remain in their natural state.
6. The existing basketball and volleyball fields will be removed and will not be re-located any closer to the rear property line of
the church property than the front of the new sanctuary.
7. All lighting on the church property will be placed so that it is shielded or directed away from the properties adjacent to the
"30' NOISE/VISUAL BUFFER," shown on Exhibit A.
8. Upon execution of this Consent Order, the Church may immediately begin construction of the new sanctuary and other
improvements not inconsistent with this agreement and order.
9. The Church and the Petitioners will cooperate in the execution of any documents needed to secure any required permit
amendments to carry out the provisions of this agreement and order.
After review of the agreement, I conclude that it should be accepted and made a part of this order. Accordingly, upon the joint
motion and consent of the parties,
IT IS HEREBY ORDERED that the agreements stated hereinabove shall be, and same hereby is, made a part of this final order of the
Administrative Law Judge Division.
IT IS FURTHER ORDERED that the DHEC/OCRM permit and certification shall be, and same hereby are, amended in accordance
with this agreement and order.
IT IS FURTHER ORDERED that this matter shall be DISMISSED, with prejudice, except that the parties shall retain full rights to
enforce the agreements stated herein.
AND IT IS SO ORDERED.
____________________________________
C. Dukes Scott
Administrative Law Judge
Columbia, South Carolina
January 8, 2001 |
