ORDERS:
CONSENT SETTLEMENT ORDER
WHEREAS, Petitioner has
appealed Permit No. OCRM-07-550 issued by the Department due, in part, to the
reduction in size of the boat storage area to accommodate only one (1) jet ski;
and
WHEREAS, the Department
has promulgated regulations effective April 25, 2008 that would allow for a
boat storage structure to accommodate more than one (1) jet ski to be stored in
a boat storage structure, specifically to store two (2) jet skis as initially
applied for; and
WHEREAS, the boat
storage structure included in Petitioner’s initial application is consistent
with the new regulation, R.30-12.A(2), and both the Department and Petitioner
would like to resolve this appeal by amendment of Permit No. OCRM-07-550 to
conform with the new regulation such that the dock and boat storage area
initially applied for is granted and the condition limiting the storage of jet
skis thereon to one (1) jet ski is removed;
NOW, THEREFORE, the
Department and Petitioner agree that the permit is hereby amended so that the
boat storage component of the dock for Petitioner may be constructed as
initially applied for pursuant to the new regulation promulgated as
R.30-12A(2)(e), and that the condition limiting the storage to one (1) jet ski
is removed. Amended Permit No. OCRM-07-550 allowing the boat storage area to
be constructed and used as initially applied for is attached hereto as Exhibit
A and incorporated herein by reference.
Further, the Department
and Petitioner agree, and the Court hereby Orders, that this appeal is hereby
dismissed with prejudice.
IT IS SO
ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
May 29, 2008
WE CONSENT:
____________________________
Respondent South Carolina Department of Health and
Environmental Control
By: Elizabeth A. Dieck, Esquire
____________________________
Petitioner Matthew Flanigan
By: Newman J. Smith, Esquire
|
