ORDERS:
CONSENT ORDER OF DISMISSAL
This matter was before the Court pursuant to a Petition for Review filed by James A. Kidd,
seeking review of permit number 97-1E-119-P. On July 30, 1997, OCRM denied a permit to Mr. Kidd
to construct a pier and floating dock at 469 #8, Vereen Road, Garden City Beach, Horry County, South
Carolina. No motions to intervene were filed. Prior to a hearing on the merits. the parties notified the
Court that an agreement had been reached to dismiss this action.
This consent order has been provided to the Court by the parties and represents their agreement
that:
This matter is hereby dismissed subject to the conditions set forth in an Agreement executed by
both parties and attached hereto. If this matter is reinstated because of failure of either party to abide
by the provisions of the Agreement, all provisions set forth therein are null and void.
Base upon the foregoing, this matter is hereby dismissed; and
IT IS SO ORDERED.
_____________________
ALISON RENEE LEE
Administrative Law Judge
March 2, 1998
Columbia, South Carolina
WE CONSENT:
______________________
H. Buck Cutts
Attorney for Petitioner
______________________
John P. Kassebaum
Attorney for Respondent
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
James A. Kidd. ) Docket No. 97-ALJ-07-0543-CC
Petitioner, )
)
vs. )
)
S.C. Department of Health and )
Environmental Control, Bureau of )
Ocean and Coastal Resource )
Management, )
)
Respondent. )
________________________________)
AGREEMENT
The parties to the above-entitled action hereby agree to settlement of this matter based upon the
following mutual agreements:
1. Petitioner agrees to amend the permit application by changing the name of the permit applicant
from James A. Kidd to Pointe Gilead Homeowners Association ("Association"), a condominium
community located at the terminus of Vereen Road, Murrells Inlet, Horry County, South Carolina. The
Association agrees to modify the permit application to show that the proposed work consists of
constructing a 4' by 20' walkway leading to a 10' by 20' floating dock.
2. Petitioner agrees to provide documentation to Respondent that the Pointe Gilead Homeowners
Association has agreed to the work as proposed above and that the Association, its owners and
representatives agree to:
a. Remove the 4' by 8' floating dock attached to the existing fixed
pierhead.
b. Remove all unauthorised mooring pilings located in the marsh
adjacent to the community property.
c. Agree that no other docks will be constructed from the community
property.
3. Based on the foregoing agreements, Respondent agrees to issue the permit as
outlined above, close Enforcement File No. 97M-009A, and delete the $500 fine
assessed to the Association.
______________________
James A. Kidd
________________________
John P. Kassebaum
Attorney for SCDHEC-OCRM
By: _______________________________
For Point Gilead Homeowners Association |
