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:
Richard C. Harrington, Jr. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Richard C. Harrington, Jr.

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
02-ALJ-07-0402-CC

APPEARANCES:
Ellison D. Smith, IV
SMITH, BUNDY, BYBEE & BARNETT, P.C.
1037 Chuck Dawley Blvd, Bldg F
P.O. Box 1542
Mt. Pleasant, S.C. 29465
(843) 881-1623, for Petitioner



Leslie D. Stidham
Chief Counsel
OCRM DIV. OF SCDHEC
1362 McMillan Ave., S. 400
Charleston, SC 29405, for Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the court upon consent of the parties for an order finally ending the appeal. The parties by and through their undersigned attorneys hereby consent to the amendment of P/N 202-1F-041-P dated June 24, 2002 and issued to Richard C. Harrington.

IT IS THEREFORE ORDERED:

  • That Special Condition 1 of the permit denominated as Critical Area Conditions is deleted; and
  • Special Condition 3 of the permit denominated as Water Quality 401 Conditions is deleted; and the two conditions will be replaced with the following special conditions:

Provided that the bulkhead at the existing boat lift is deleted and that the depth of dredging in the area of the boat lift and beneath the existing dock is to be limited to excavation not to exceed three (3') feet below mean low water.

Provided that mitigation for impact to the vegetated area occasioned by the dredging will be provided by grading down approximately 400 square feet of the permittee's lot between his existing bulkhead and the critical area to encourage the growth of wetland vegetation in that area. The parties agree that the permittee will submit a mitigation/drawing to OCRM, detailing the mitigation process, within 60 days of the date of this Order. This plan will become part and parcel of the critical area permit.

AND IT IS SO ORDERED.

 

Honorable C. Dukes Scott
Administrative Law Judge
December 20, 2002
Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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