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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