ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS the parties
to this case have reached an agreement that will dispose of this pending
contested case, this action is hereby dismissed pursuant to the following
terms.
The Department’s
regulations at the heart of this dispute S.C. Code Ann. Reg. 30-12(A)(2)(c)
(Supp. 2005) have been amended, effective April 25, 2008. The relevant
provision is now codified as regulation 30-12(A)(2)(e)(i) and provides: “Single
family docking facilities will be limited to one boat storage structure per
docking facility on creeks between 20 feet and 50 feet; and a maximum of two
boat storage structures will be allowed on creeks wider than 50 feet.”
In light of this
amendment of the regulations, the Department authorizes the amendment of
Critical Area Permit No. 2004-1E-042-P to allow Mr. Gentry to install a second
boat storage structure (7’ by 18’), as reflected in the attached amendment
documentation. Each party shall bear its own costs and fees.
IT
IS SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative
Law Judge
June 26, 2008
Columbia, South Carolina
WE SO MOVE AND CONSENT:
_________________________________
Van Whitehead
Staff Attorney
South Carolina Department of
Health and
Environmental Control
1362 McMillan Avenue, Suite 400
North Charleston, SC 29405
June 16, 2008
_________________________________
Mary D. Shahid
McNair Law Firm, P.A.
P.O. Box 1431
Charleston, SC 29402
Attorney for Petitioner
June 23, 2008
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