ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a Consent Order. The above-captioned contested case arose out of an agency decision made by the Respondent, South Carolina
Department of Health and Environmental Control’s Office of Ocean and Coastal Resource
Management relating to a proposed project of the Petitioner’s.
On June 24, 2003, the Petitioner, Jim Dew, submitted a joint federal and state application to
DHEC-OCRM and the United States Army Corps of Engineers. The after-the-fact application
proposed the placement of approximately 300 cubic yards of fill material in 0.25 acres of freshwater
wetlands in order to raise the elevation of pastureland. The project site is located on the west side
of U.S. Highway 701, adjacent to Bear Swamp, south of Conway, South Carolina. On September
23, 2003, DHEC-OCRM issued its certification decision, concluding that the project was inconsistent
with the South Carolina Coastal Zone Management Program. The Petitioner filed a request for a
contested case hearing with the Administrative Law Judge Division.
The parties have reached a resolution and hereby agree to the following:
1.The Petitioner agrees to purchase 2.2 mitigation credits in an approved mitigation
bank, in order to mitigate for the loss of freshwater wetlands;
2.The Respondent withdraws its determination that the project is inconsistent with the
Coastal Zone Management Program;
3.The Petitioner agrees to withdraw his request for a contested case hearing;
4.This Consent Order shall be binding on the parties [sic] heirs and assigns.
THEREFORE, IT IS ORDERED that the determination that the project is inconsistent is
withdrawn and the project is deemed to be consistent with the Coastal Zone Management Program.
IT IS ALSO ORDERED that this case is dismissed with prejudice, according to the terms set
forth above.
AND IT IS SO ORDERED.
CAROLYN C. MATTHEWS
ADMINISTRATIVE LAW JUDGE
Date: December1, 2003 |
