ORDERS:
CONSENT ORDER OF DISMISSAL
The parties to this matter have reached an agreement disposing of all issues, and desire that this agreement be
adopted as the order of the Administrative Law Judge Division. The agreement is as follows:
The South Carolina Department of Health and Environmental Control through its Offices of Environmental
Quality Control and Ocean and Coastal Resource Management will provide thepetitioners, South Carolina Coastal
Conservation League and League of Women Voters ofGeorgetown County, copies of all documents related to
requests for 401 water quality certification and/or coastal zone consistency certification for proposed activities
under the Department's general permit for Nationwide Permit No. 26, during the remainder of the period covered
by the current Nationwide Permit No. 26. These documents will also be made available to Petitioner Home Builders
Association of South Carolina. Both of these proceedings will be dismissed. However, the parties stipulate and
agree that dismissal of these proceedings shall not in any way prejudice the rights of any Petitioner to contest, on
the same grounds raised by the pleadings in these proceedings or on any other grounds, future certifications of
Nationwide Permits issued by the U.S. Army Corps of Engineers.
NOW, THEREFORE, upon the joint motion and consent of all parties, the aforesaid agreement is hereby
adopted as the order of the Administrative Law Judge Division, and this matter is hereby DISMISSED according
to the terms and conditions of said agreement.
AND IT IS SO ORDERED.
_______________________________________________________
ALISON RENEE LEE
Administrative Law Judge
Columbia, South Carolina
December 17, 1997
WE SO MOVE AND CONSENT:
_________________________ _____________________
James S. Chandler, Jr. Many D. Shahid
Attorney for Petitioners,SCCCL and LWVG Attorney for DHEC/OCRM
__________________________ _____________________
Samuel L. Finklea, III Mr. James A. Brannock
Attorney for DHEC Executive Vice President
Home Builders Association of South Carolina
|
