ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal from the South Carolina Department of
Health and Environmental Control, Office of Ocean and Coastal Resource Management (OCRM). At issue are stormwater
permits issued to Waccamaw Trace, LLC, and Waccamaw Lakes, Inc., (collectively "Waccamaw") for a residential real
estate development at North Litchfield Beach in Georgetown County.
On April 5, 1997, the staff of OCRM issued a determination that SW # 43-99-02-04 and SW # 43-99-02-05 (collectively
"Permits") for Waccamaw met the minimum requirements of the South Carolina Stormwater Management and Sediment
Reduction Act ("SMSRA") and were consistent with the South Carolina Coastal Zone Management Program (CZMP) and
granted coverage under the NPDES General Permit for stormwater discharge. Randy Slovic ("Slovic") then initiated this
contested case proceeding by filing a timely Notice of Appeal.
On July 13, 1999, this Division heard Waccamaw's Motion to Lift Automatic Stay and Slovic's Motion for Stay. By Order
dated July 26, 1999, the Motion to Lift Automatic Stay was granted and the Motion for Stay was denied. On August 20,
1999, Petitioner appealed the July 26, 1999 Order to the Board of the Department of Health and Environmental Control.
The merits hearing on this matter commenced on August 30, 1999 and continued on August 31, 1999. Petitioner was
represented by James Stuart Chandler, Jr.; Respondent OCRM by Mary D. Shahid; and Respondents Waccamaw by M.
Elizabeth Crum. During the hearing on August 31, 1999, the parties reached a settlement, which was placed on the record
and submitted to the Division with the request that the settlement be placed in a binding Order.
The parties have agreed as follows:
1. The stormwater permits issued to Waccamaw are amended to provide for the relocation of the outfall for stormwater
discharge for a certain portion of the Stormwater Management Plan for Waccamaw. The change involves the rerouting of
the stormwater drainage system, including ditches, drainage structures and drainage pipes, from all properties between these
roadways and the U.S. Highway 17, including the properties owned by the Litchfield Company and Litchfield Dermatology
Group Partnership. All outfalls from these properties into Flagg Pond north of Boyle Road shall be eliminated from the plans
and all stormwater from these areas shall be re-directed so that the relocated outfall will discharge into Flagg Pond south of
Boyle Road. The relocated outfall will be constructed and located as shown on a marked-up copy of Sheet 5, "Staking,
Clearing and Erosion Control Plan," stamped April 28, 1999 by Annie McLeod, P.E., a copy of which is attached hereto as
Exhibit A and incorporated herein by reference.
2. The stormwater permits issued to Waccamaw are amended to provide that one of the proposed 36 inch drainage pipes
under the platted Cayman Road will become a 42 inch drainage pipe, as shown on Exhibit A. The parties agree that
reasonable variations in the location of the stormwater pipes, collection boxes, ditches and drainage pipes, as called for under
these permit amendments, will not be cause for seeking enforcement of the Permit to confirm precisely the hand drawn
revisions to Exhibit A. Reasonable variation is agreed to include sight movement in the placement of the structural elements
of the system to accommodate the requirements of the Santee Cooper power line easements and other minor variations as
may be expected from construction in the field of permitted stormwater management infrastructure using reasonable care.
3. Petitioner shall withdraw her appeal, dated August 20, 1999, to the Board of Health and Environmental Control, of this
Division's Order dated July 26, 1999, Lifting Automatic Stay and Denying Petitioner's Motion for Stay. Such withdrawal
shall be made within five (5) days from the filing of this Order.
4. Respondents Waccamaw have applied for wetlands permits and have submitted a Wetland Master Plan to OCRM and the
Corps of Engineers. Petitioner further agrees that neither she nor anyone in her immediate family will appeal any wetlands
permits certified by OCRM and issued by the United States Army Corps of Engineers, which permits will be issued in
conjunction with the infrastructure development of Waccamaw, so long as such permits are consistent with and do not call
for greater wetland alterations than shown on the Wetland Master Plan submitted to the Corps and OCRM dated July 7,
1999. Petitioner further agrees that neither she nor anyone in her immediate family will encourage, in any manner
whatsoever, any person or entity to appeal any wetlands permits issued by the United States Arm Corps of Engineers with
approval by OCRM, which permits are issued in conjunction with the infrastructure development of Waccamaw, so long as
such permits are consistent with and do not call for greater wetland alterations than shown on the Wetland Master Plan
submitted to the Corps and OCRM dated July 7, 1999.
5. Petitioner and her husband further agree not to communicate with their neighbors in North Litchfield or with any other
persons concerning complaints about the development of Waccamaw and whether persons should purchase or consider
purchasing lots or homes in the Waccamaw developments or to otherwise create ill will against the developments.
6. Respondent OCRM agrees to monitor and inspect the implementation of the Permits on a bi-weekly (at least one
inspection every two weeks) basis while the drainage infrastructure is under construction.
7. Respondents Waccamaw agree, excepting only those lots shown on the survey of Phase I of Waccamaw Trace, LLC,
recorded in Georgetown County in Plat Slide 300 at Page 7 and those lots that do not contain wetlands or wetland buffers,
that all deeds each executes conveying lots in the respective subdivisions will include language putting the purchasers on
notice, in addition to the Declarations of Restrictive Covenants already on record in Georgetown County, of the wetland
buffers on the lots. Respondents Waccamaw also agree that the buffers shall be represented on the individual lot surveys
presented at closing, with a legend informing grantees of the nature of the buffer restrictions. The language for the deeds and
plats shall be as set forth on the attached Exhibit B.
After the Division was informed of the proposed settlement between the parties, the Division questioned each of the parties
as to their agreement with the settlement terms. Each party indicated to this Division its understanding of and agreement
with the terms and conditions of the settlement.
In the Order Lifting Automatic Stay and Denying Petitioner's Motion for Stay dated July 26, 1999, upon agreement of
Waccamaw, this Division restricted Respondents Waccamaw from divesting themselves of controlling interest in any land
subject to the Permits pending the Division's final decision in this case. That restriction is hereby lifted.
Accordingly, by and with the consent of the parties, it is ordered and agreed that the OCRM permits SW # 43-99-02-04 and
# 43-99-02-05 are modified to reflect the agreement of the parties and the above-referenced plat incorporated herein as
Exhibit A and that this contested case is dismissed with prejudice.
AND IT IS SO ORDERED.
_______________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
October 7, 1999
Columbia, South Carolina. |
