ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review timely filed by Bruce B.
Earnshaw seeking review of permite number 98-1G-192-P, issued by Respondent DHEC-OCRM
on August 31, 1998. The permit authorized the construction of a community dock on and adjacent
to West Bank Creek, Edisto Island, Charleston County, South Carolina. Prior to a hearing on the
merits, the parties met and reached an agreement to dismiss the above referenced action by way of
this Consent Order.
This Consent Order has been provided to the Couret and represents their agreement that:
1. Respondent West Bank Community agrees to abide by the terms and conditions of
the "Dock & Real Propertey Usage Agreement" dated January 27, 1997, and later amended to
exclude any commerical use.
2. Respondent West Bank Community understands and agrees sto limit the number of
boats which can moor to the community dock to ten (10) boats at any one time. Respondent further
understands tshat by exceeding this limit they would violate the terms and conditions of the 401
Water Quality Certification issued in conjunction with permit number 98-lG-192-P.
3. Petitioner agrees to dismiss his appeal of permit number 98-lG-192-P with prejudice.
THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number
98-ALJ-07-0562-CC is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
November 2, 1998
Columbia, South Carolina |
