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:
The Cusabo Company, LLC vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
The Cusabo Company, LLC

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
96-ALJ-07-0188-CC

APPEARANCES:
SUZANNE SCHWANK
Pro Se for Petitioner

JOHN P. KASSEBAUM
Attorney for Respondent
 

ORDERS:

CONSENT ORDER TO ALTER OR AMEND JUDGMENT

Pursuant to Rule 59(e) SCRCP, Respondent to the above entitled action moved before the Administrative Law Judge Division for a Motion to Alter or Amend the final Order issued September 20, 1996. The Court took the motion under advisement. The parties agreed to meet on-site and determine the proper location of the dock within the limits set by the Order of September 20, 1996.

The parties met at the site on October 9, 1996, and have agreed to the following:

    1. Pursuant to special condition #5, the parties agreed upon a final location for the dock which was approved by OCRM staff and was marked with a stake tied with orange tape. The staked location is seventy-eight (78) feet away from the Cusabo/Geissler extended property line and marks the distance the structure must maintain from that property line.

THEREFORE, with the consent of the parties, section IV. of this Courts September 20, 1996, Order is amended to read, "OCRM is ordered to delete special condition number 1 from the permit granted to Cusabo on March 7, 1996, but retain special condition number 5 by moving the community dock so that the highground terminus is five to eight feet from the mouth of the slough and pierhead and float are located a minimum of seventy-eight (78) feet away from the Cusabo/Geissler extended property line so as not to block the mouth of the slough."

AND IT IS SO ORDERED.

____________________________
RAY N. STEVENS
Administrative Law Judge

This 21st day of October, 1996


Brown Bldg.

 

 

 

 

 

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