ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the
South Carolina Administrative Law Judge Division ("Division") pursuant
to the Mining Association of South Carolina ("MASC") filing an appeal of
Notice of Proposed Decision under Public Notice DHEC-NWP-2000 issued by
South Carolina Department of Health and Environmental Control ("Department"
or "DHEC"). The Public Notice concerned denial of Section 401 Water Quality
Certification and Coastal Zone Certification for Nationwide Permit ("NWP")
44.
Prior to a hearing being
held in the Division, the parties resolved all outstanding issues related
to the appeal through the development of the following agreement. The Department
will certify NWP 44 with all of the following conditions:
1. For fills in special aquatic sites, including wetlands, greater than
0.5 acres or 300 linear feet of stream, 401 Water Quality Certification
is not granted.
2. An Applicant may relocate
up to 300 linear feet of a stream provided the channel profile and sinuosity
of the relocated stream approximates the original profile.
3.
This 401 Water Quality Certification grant does not authorize the alteration
of headwater wetlands, as defined by the Corps of Engineers in Nationwide
Permit 44.
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2 of 3
4. For impacts in ephemeral
waters, within the jurisdiction of the Corps of Engineers over 0.5 acres
or 300 linear feet, 401 Water Quality Certification is not granted.
5.
The applicant may be required to mitigate for impacts with on-site mitigation,
if such mitigation is practical.
6.
Sedimentation/sediment basins in special aquatic sites, including wetlands,
are not allowed under this NWP unless they are constructed in areas authorized
to be impacted by mining.
The
acceptance of these conditions by both parties brings litigation of this
matter to a close. Accordingly, by and with the consent of the parties,
it is ordered and agreed that this contested case be dismissed.
AND IT IS SO ORDERED.
____________________________________
Ralph K. Anderson, III
Administrative Law Judge
Columbia, South Carolina
October 1, 2001
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