ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case proceeding involves Permit Number 99-1P-447 (Revised) issued by the South Carolina Department of
Health and Environmental Control, Office of Ocean and Coastal Resource Management to Cooper Wellons, based on
revisions calling for a water flow restoration project, as shown on Attachment A to the Permit.
The parties to this case have reached a compromise settlement of the issues presented, and request that their agreement be
made a part of this order. The agreement is as follows:
1. The permit special conditions will be amended to add or clarify the following items:
- The removal of sediments will go no deeper than the existing depth in Carson's creek at the end of the limits of the
project.
- Clarify that Removal Cross-Section B-B, Sheet 9 of 9, Part of Attachment A, is not drawn to scale, that the 20 ft.
maximum width is further limited by the 10 ft. buffer as specified in existing Special Condition Number 2, and that
dredging depth is limited as stated above.
- The shellfish and shell removed from the impacted area will be placed back in the same area after sediments are removed.
- The target elevation for the mitigation area will be optimized for spartina growth, between MSL and +0.6 MSL.
- The Permittee will notify counsel for LWV-G and SCCCL in advance of all scheduled work to allow these groups the
option of being on-site to observe the work.
- All other conditions not modified/clarified by this agreement remain in effect.
2. This case will be dismissed with prejudice except for the right to enforce the terms of the settlement.
In accordance with this agreement, OCRM Permit Number 99-1P-447 (Revised) shall be, and hereby is, amended as stated
herein.
Now, therefore, upon the joint motion and consent of the parties, this case is hereby dismissed with prejudice, except as to
enforcement of the terms of the agreement stated herein.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE
November 26, 2001
Columbia, South Carolina |
