ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me by consent of the parties for entry of a consent order. This contested case hearing arises out of an administrative enforcement order, issued by the Respondent, the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management ("OCRM.") On August 19, 2002, OCRM issued an Order to the Petitioners for certain alleged violations of the Coastal Zone Management Act. Specifically, the Order found that the following activity at 2015 South Waccamaw Drive, Garden City, South Carolina, had been undertaken without approval from OCRM:
a. construction of a 10' x 60' wooden deck;
b. construction of a 5' x 35.5' concrete walkway.
The Petitioners timely requested a contested case hearing before the Division to challenge the issuance of the Order.
The parties, having resolved their differences, hereby agree to the following:
- Within 120 days of the date of this Consent Order, the Petitioner shall reduce the size of the deck to a size that does not exceed 144 square feet.
- Petitioner is approved to do landscaping work at the site pursuant to the General Landscaping Permit issued for the area.
- The Respondent agrees to eliminate the administrative fine.
- The concrete walkway is approved as built.
The parties agree that this Order will be binding on the parties' heirs and assigns.
THEREFORE, it is ORDERED that this matter is resolved as set forth above and this case is dismissed with prejudice.
AND IT IS SO ORDERED.
|
