ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review timely served by William R.
Hebert, seeking review of Enforcement Order 98C-002D, issued by Respondent on April 15, 1998. The
Enforcement Order was issued for the construction of a dock out of compliance with permit number CC-86-064GP and for the construction of an unauthorized floating dock on a adjacent to Church Creek at
5868 Old Chisolm Road, Johns Island, Charleston County, South Carolina. Prior to a hearing on the
merits, the parties notified the Court that an agreement had been reached to dismiss this action.
This Consent Order has been provided to the Court by the parties and represents their agreement
that:
1. Mr. Hebert will relocate the dock alignment according to "Attachment A" of Enforcement
Order 98C-002D.
2. Mr. Hebert will remove all pilings from the relocated portion of the dock. The preferred
method of removal will be to pull the entire piling from the mud. Pilings which can not be totally
removed must be cut-off at least 18 inches below the mud line.
3. The work described in number one and two above will be completed within forty-five
(45) days of execution of this Consent Order.
4. Mr. Hebert will pay a civil penalty in the amount of two hundred ($200) dollars within
thirty (30) days of execution of this Consent Order.
5. Prior to rebuilding the dock the pierhead location will be staked in the field and approved
by OCRM staff. Any changes to the originally permitted structure must be properly permitted before they
are put in place.
6. Petitioner agrees to dismiss his appeal of Enforcement Order 98C-002D, Docket Number
98-ALJ-07-0321-CC.
It is therefore, ORDERED, that Docket Number 98-ALJ-07-0321-CC is hereby dismissed. And
this case is dismissed with prejudice.
AND IT IS SO ORDERED.
MARVIN F. KITTRELL
CHIEF JUDGE
July 9, 1998
Columbia, South Carolina |