ORDERS:
CONSENT ORDER
This matter is before the undersigned as a result of the Appeal of the Town of Edisto
Beach dated August 27, 1997, of the Critical Area Permit issued to Robert Albenesius on July
18, 1997 and bearing OCRM Permit No. 97-089-E. The permit authorized the installation of
nine (9) 36-inch diameter pipes under an existing roadbed on Scott Creek Road within the
Town of Edisto Beach, Colleton County, South Carolina, subject to special conditions and
general conditions as reflected in the permit.
The parties having reached an agreement on the issuance of the permit, it is with the
consent of each of the parties ORDERED:
Critical Area Permit OCRM No. 97-089-E issued July 18, 1997 to Robert Albenesius,
shall be and it is hereby amended as follows:
A. Special Conditions 1 and 2 are amended to read as follows:
1. Provided the project must be designed by an engineer registered to practice in the State of South
Carolina. Copies of this design must be submitted to the Town of Edisto Beach and SCDHEC-OCRM,
and must have the written approval of SCDHEC and the Town of Edisto Beach prior to any work taking
place.
2. Provided an installation plan is submitted to the Town and SCDHEC-OCRM and must be approved by
SCDHEC-OCRM and the Town of Edisto Beach in writing prior to any work taking place. This
installation plan must assure as much as possible that there will be no interruption of services during
the installation period.
B. The Special Conditions are amended to add the following additional conditions as paragraphs
5 through 10:
5. All infrastructure changes and additions necessary for the improvements will be relocated and
constructed at the applicant's expense including but not limited to additional lift stations.
6. Any easements required for improvement or for relocation of infrastructure will be secured at the expense
of the applicant. Easements necessary for water and sewer utilities will be acquired in the name of the
Town of Edisto Beach and approved by the Town's attorney.
7. The Town's engineering firm, BP Barber & Associates will review and approve any proposed work at the
applicant's expense not to exceed a cost of $750.00.
8. Should outside agencies be involved in the funding of the improvements, any matching fund requirement
will be borne by the applicant.
9. The applicant's design engineer will issue a letter addressed to the Town of Edisto Beach upon which it
can
rely expressing his opinion that the improvements will not adversely impact on the roadway.
10. The applicant will secure a Town of Edisto Beach encroachment permit. No such encroachment permit
shall be issued unless the Town is provided the unqualified opinion of a professional engineer upon
which the Town can rely, that the improvements will not adversely affect the roadway or the Town's
water and sewer utilities including but not limited to the breakage of utility lines or settlement of the
roadway surface together with confirmation of the professional liability coverage of the engineer, all
acceptable in form and content to the attorneys for the Town of Edisto Beach. In the alternative the
applicant may execute and deliver to the Town of Edisto Beach a commitment providing long term
maintenance of the roadway as well as the infrastructure improvements in form and content acceptable
to counsel for the Town of Edisto Beach. It is the intention of this special condition that the Town of
Edisto Beach will not incur any financial liability resulting from the construction of the improvements
authorized by this permit.
C. General conditions 1 and 7 are amended to read as follows respectively:
1. That the permittee, in accepting this permit, covenants and agrees to comply with and abide by the
provisions and conditions herein and assumes all responsibility and liability and agrees to save the
South Carolina Department of Health and Environmental Control and the State of South Carolina and
the Town of Edisto Beach, their employees or representatives, harmless from all claims of damage
arising out of operations conducted pursuant to this permit.
7. That any abandonment of the permitted activity will require restoration of the area to a satisfactory
condition as determined by the Department and the Town of Edisto Beach.
As amended, the Critical Area Permit is approved. The Appeal of the Town of Edisto
Beach shall be, and it is hereby dismissed, and
IT IS SO ORDERED.
Ray Stevens
Administrative Law Judge
This 22nd day of May, 1998
Columbia, South Carolina
WE MOVE AND CONSENT:
BOGOSLOW & JONES, P.A.
By:
Marvin C: Jones, Attorney
for the Town of Edisto Beach
4
McNAIR LAW FIRM, P.A.
By:
Celeste T. Jones, Attorney
for Robert Albenesius
SOUTH CAROLINA DHEC
By:
John P. Kassebaum, II,
Staff Counsel
NOTE: Consent Order prepared by Petitioner's
Attorney, Marvin C. Jones
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