South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
H. Wayne Beam, Wayne Deyvault, Jerry B. Vereen, George R. Vereen vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
H. Wayne Beam, Wayne Deyvault, Jerry B. Vereen, George R. Vereen

Respondents:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
07-ALJ-07-0369-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me upon consent of all parties, as evidenced by the signatures of their counsel below, for entry of an Order of Dismissal. This contested case arises out of four denials of Coastal Zone Consistency Certification by Respondent, the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”) to the Petitioners. The Petitioners are the owners of four lots in the Cherry Grove area of North Myrtle Beach, Horry County, South Carolina. They applied for permits from the U.S. Army Corps of Engineers (“the Corps”) under Nationwide Permit 29 to place fill material in wetlands on the four lots for the construction of single-family residential lots. Each application proposed 0.12 acres of fill or less. The Corps issued coverage for all four lots on December 29, 2006. The Department denied Coastal Zone Consistency Certification for all four lots on April 30, 2007. These consolidated appeals followed.

The parties have agreed to resolve these contested cases and agree to the following terms:

1. The Petitioners agree to reduce the amount of fill from what was originally requested as follows:

a. TMS No. 144-04-08-117, Wayne Dayvault, 0.09 acres of fill;

b. TMS No. 144-04-08-116, Jerry Vereen, 0.09 acres of fill;

c. TMS No. 144-04-08-115, George R. Vereen, 0.07 acres of fill;

d. TMS No. 144-04-08-114, H. Wayne Beam, 0.08 acres of fill.

2. Plans indicating the reduction in the amount of fill material are attached to this Order as Exhibit A, and incorporated herein.

3. As is required under the authorization obtained from the Corps of Engineers on December 29, 2006, Petitioners will purchase one mitigation credit for each of the lots from the Vandross Bay Mitigation Bank. Petitioners will not place fill material on the lots in question until mitigation credits have been secured and purchased.

4. Respondent DHEC agrees that the proposed activity is consistent with the Regional Conditions placed on Nationwide Permit 29.

5. The Petitioners agree to withdraw their requests for a contested case.

6. As coverage under the Corps Nationwide Permits expires on March 18, 2007, the parties agree that the Petitioners may commence work immediately upon dismissal of this contested case.

7. In resolving this matter by way of Consent Order, both parties agree that this Order shall have no force and effect on any future dispute related to Respondent’s review and certification of U. S. Army Corps of Engineers’ Nationwide Permits.

Based on this resolution agreed to between Respondent DHEC and the Petitioners, it is, hereby, ORDERED that:

1. Coastal Zone Consistency Certifications are issued for the following in accordance with the plans attached hereto as Exhibit A:

a. Wayne Dayvault, SAC 2006-3452-3NI;

b. George R. Vereen, SAC 2006-3453-3NI;

c. Jerry B. Vereen, SAC 2006-3454-3NI;

d. H. Wayne Beam, SAC 2006-3451-3NI;

2. These contested cases are hereby dismissed in accordance with the terms and conditions described herein.

AND IT IS SO ORDERED.

__________________________________

MARVIN F. KITTRELL

CHIEF ADMINISTRATIVE LAW JUDGE

January 24, 2008

I so move:

_____________________________

Mary D. Shahid, Esq.

Attorney for Petitioners

I consent:

______________________________

Elizabeth A. Dieck, Esq.

Attorney for Respondent DHEC


~/pdf/070369.pdf
PDF

Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court