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:
James L. Duncan vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
James L. Duncan

Respondents:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
06-ALJ-07-0004-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me by consent of the parties for entry of a consent order. The above-styled contested case was requested by the Petitioner following the Department’s issuance of critical area permit number OCRM-05-253-L. The permit, issued to the Petitioner, allowed for the construction of a 4’ by 163’ walkway with handrails leading to a 10’ by 24’ fixed pierhead, to access a small tributary of the Stono River. The Petitioner had originally requested a permit to access the Stono River.

The parties have resolved their differences in this matter and have agreed to the following:

1.                                          Permit number OCRM-05-253-L shall be amended to allow for a 426’ by 4’ walkway with handrails. All other provisions and conditions of the permit shall remain in effect.

2.                                          This agreement shall be binding on the parties’ heirs and assigns.

THEREFORE, it is ORDERED that permit number OCRM-05-253-L is hereby amended as set forth above.

AND IT IS SO ORDERED.

______________________________________

JOHN D. MCLEOD

Administrative Law Judge

August 28, 2006

I so move:

__________________________________

Leslie S. Riley

I consent:

__________________________________

Christopher McG. Holmes


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