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:
Tony A. Berenyi vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Tony A. Berenyi

Respondent:
South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
97-ALJ-07-0329-CC

APPEARANCES:
Michael A. Molony
Attorney for Petitioner

John P. Kassebaum
Attorney for Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court pursuant to a Petition for Review filed by Tony A. Berenyi, seeking review of permit number OCRM-97-156-E. On June 9, 1997, OCRM denied a permit to Mr. Berenyi to construct a 12 foot wide by 1085 foot long timber bridge across tidelands critical area to access an 8.3 acre island. No motions to intervene were filed. Prior to a hearing on the merits, the parties notified the Court that an agreement had been reached to dismiss this action.

The agreement reduces the width of the walkway from 12 feet to 6 feet. In addition, Petitioner resolved an access issue by forwarding documentation to Respondent from the adjacent riparian property owner indicating he did not oppose the permit for a six-foot wide boardwalk as depicted in the permit application.

This Consent Order has been provided to the Court by the parties and represents their agreement that:

1. Within ten days of execution of this Consent Order Respondent will issue permit number OCRM-97-156-E for the construction of a 6' wide by 1085' long timber bridge.

2. Petitioner agrees to dismiss his appeal of Respondent's denial of OCRM-97-156-E.

THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number 97-ALJ-07-0329-CC is hereby dismissed.

AND IT IS SO ORDERED.




ALISON RENEE LEE

Administrative Law Judge

October 27, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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