South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Blue Stone Industries vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Blue Stone Industries

Respondent:
South Carolina Department of Health and Environmental Control and South Carolina Department of Transportation/Black River Mitigation Bank
 
DOCKET NUMBER:
98-ALJ-07-0408-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter comes before this court upon the motion of Plaintiff, Blue Stone Industries, and with the consent of all the parties, pursuant to Rule 41(a)(1) of the South Carolina Rules of Civil Procedure, for an Order to end this case because the case has been settled;

WHEREAS, the parties have agreed that the Appellant's objections to the Navigable Waters Permit issued to SCDOT by SCDHEC as described in Public Notice No. DHEC 97-041 could be addressed by modifying the permit to include certain additional permit conditions; and

WHEREAS the parties agree that this case has been settled and therefore should be ended and stricken frrom the calendar; and that the above-entited action be and is dismissed with prejudice;

IT IS THEREFORE ORDERED that the permit conditions attached hereto as Exhibit A be made a part of the permit for construction in navigable waters issued to SCDOT by DHEC pursuant to Public Notice No. DHEC 97-041 and that this appeal be dismissed with prejudice.



















AND IT IS SO ORDERED.





__________________________________

RAY N. STEVENS

Administrative Law Judge

In Columbia, South Carolina

February 18, 1999

WE CONSENT TO THE ABOVE ORDER:

Ellison D. Smith, IV, SC BAR

Attorney for Blue Stone Industries

Deborah Brooks Durden, SC BAR #65860

Attorney for Respondent, South Carolina

Department of Transportation/Black River

Mitigation Bank

Samuel L. Finklea, III, SC BAR #2015

Attorney for DHEC









































EXHIBIT A

BLACK RIVER FARMS MITIGATION BANK

PERMIT CONDITIONS:

1) Impounded water may not be released from the project at a rate or in amounts which will exceed the carrying capacity of the canals adjacent to the project downstream of the project's property limits and into which it flows. The permittee shall be responsible for taking steps to insure that this level of release is calculated correctly and not exceeded by its employees, agents, contractors, or others whom it authorizes to release impounded water from the project. "Impounded water" means water below the elevation of the top of the weir and does not include the natural flow of the Black River.

2) The permittee shall take all reasonable steps to secure the water control devices which may be used to release impounded water from the project so that they cannot be moved or operated by unauthorized persons, including trespassers onto permittee's property.

3) The permittee shall file with DHEC for its approval an inspection and maintenance plan for the water control structures which at minimum shall:

a. Provide for inspectors at a frequency and level of detail sufficient to identify any potential failure in the structures which would cause an accidental or unplanned release of impounded water from the project.

b. Provide for regular maintenance of all parts of the water control structures to prevent the failure of the structure and the accidental or unplanned release of water from the project.

c. Provide for the forwarding of inspection and maintenance records to DHEC on a regular interval sufficient to insure that the plan is being executed properly.

4) Permittee shall take steps to insure that:

a. The requirements of these conditions are posted clearly, legibly and permanently at the permittee's offices charged with maintenance responsibilities in the district in which the project is located.

b. The requirements of these conditions are communicated to all of the permittee's employees, agents, contractors or others authorized by the permittee to operate the water control structures of the project.


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