ORDERS:
CONSENT ORDER
On July 8, 1994, Mr. Charles F. Jones of 4755 Church Hill Road, North Charleston, South
Carolina, was sent a letter requesting him to admit or deny certain facts pertaining to an alleged
violation of the 1977 Coastal Zone Management Act, as amended. Mr. Jones did, through his
attorney Mr. William H. Jordan, respond to OCRM's letter. After an investigation by OCRM staff
and pursuant to S.C. Code Ann. § 48-39-10 et seq., Enforcement Order 94C-004E was issued to Mr.
Charles F. Jones on September 6, 1994. Enforcement Order 94C-004E found that Mr. Jones was in
violation of the Coastal Zone Management Act and was the party responsible for the placement of
fill material in the tidelands critical area without a permit or authorization by OCRM. Mr. Jones was
ordered to remove all fill material from the critical area and to pay a civil penalty of $500.00. This
appeal followed and was transmitted to the Administrative Law Judge Division for adjudication.
Discussions between the parties resulted in an agreement to settle this matter based upon the
following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. South Carolina Code Section 48-39-10 et seq., requires any activity in, or alteration
of, the critical area to be permitted or otherwise legally authorized by OCRM. 2. South Carolina 2. S.C. Code Section 48-39-50, 48-39-130, 48-39-160, and 48-39170, as well as
Regulation 30-8, authorize OCRM to initiate enforcement actions to bring persons into compliance
with OCRM's Regulations and the provisions of the 1977 Coastal Zone Management Act, as
amended.
3. Mr. Charles F. Jones owns property abutting the tidelands critical area located at Lot
10, Home Farm Road, Home Farm Subdivision, Mt. Pleasant, Charleston County, South Carolina.
4. Mr. Charles F. Jones, as the current property owner, is the party responsible Tor the
placement of fill material in the tidelands critical area at the above location.
5. The placement of fill material in the tidelands critical area at the above location has
not been permitted or otherwise legally authorized by OCRM.
CONCLUSIONS OF LAW
1. Mr. Charles F. Jones is in violation of Section 48-39-130, South Carolina Code of
Laws, 1976, as amended, for the placement of fill material in the tidelands critical area without
authorization from OCRM as required by law.
2. As a result of this violation of the 1977 Coastal Zone Management Act, as amended,
OCRM is authorized by law to require Mr. Jones to take appropriate corrective action and may assess
civil penalties pursuant to S.C. Code § 48-39-170.
IT IS THEREFORE ORDERED, with the consent of both parties that:
1. Mr. Charles F. Jones will remove all fill material from the tidelands critical area to the
satisfaction of OCRM staff within 60 days of execution of this Order.
2. Enforcement Order 94C-004E, dated September 6, 1994, is hereby vacated.
3. Petitioner agrees that the conditions set forth above satisfy his concerns regarding the
Enforcement Order and he dismiss his appeal of said Order.
AND IT IS SO ORDERED.
____________________________
ALISON RENEE LEE
Administrative Law Judge
December 22, 1994
Columbia, South Carolina. |
