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:
William R. Hebert vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
William R. Hebert

Respondent:
S.C. Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
98-ALJ-07-0321-CC

APPEARANCES:
William R. Hebert
Pro se

John P. Kassebaum
Attorney for Respondent
 

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


Brown Bldg.

 

 

 

 

 

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