ORDERS:
CONSENT ORDER OF DISMISSAL
Weaver Construction Company, Inc.,
Petitioner,
vs.
South Carolina Department of
Health and Environmental Control,
Respondent.
CONSENT ORDER OF DISMISSAL
Weaver Construction Company, Inc., hereinafter referred to as Weaver, had applied for a mining
permit in Georgetown County, South Carolina. During the permitting process, Weaver conducted
mining activities at the site without obtaining a valid mining permit.
In the interest of resolving this matter without the delay and expense of litigation, Weaver agrees
to the entrance of this Order. Execution of this Consent Order by the Department shall resolve all
pending enforcement matters of any type between the parties for violations and deficiencies
specifically referenced in the Findings of Fact cited herein.
FINDINGS OF FACT
1. On March 14, 1994, South Carolina Department of Health and Environmental Control
(formerly South Carolina Land Resources Commission), Division of Mining and Reclamation
received an application for a mine operating permit at the site. On June 6, 1994, the Division
approved the application for a mine operating permit, conditioned on the submittal of a $10,000
reclamation bond to the Division within sixty (60) days.
2. In August 1, 1994, the Department received a letter from Weaver indicating that mining and
reclamation had been completed at the site. On August 10, 1994, the Department sent a certified
letter to Weaver, notifying Weaver that it had conducted mining without a valid mine operating
permit.
3. On August 29, 1994, the owner of the site indicated that Weaver had conducted mining
activities from April 27, 1994 through July 21, 1994, for a period of sixty (60) days.
4. On September 15, 1994, Department personnel met with Weaver at the site to discuss the
violation and corrective action to be taken.
5. On September 16, 1994, the Department sent Weaver a letter requiring Weaver to post a
$10,000 reclamation bond within two (2) weeks. On September 26, 1994, the Department sent a
letter to Weaver outlining the minimum requirements for reclamation at the site. The Department
did not receive a reclamation bond from Weaver and the minimum requirements set forth in the
reclamation plan for the site have not been met.
CONCLUSIONS OF LAW
Based on these findings, the Department contends that Weaver has violated the South Carolina
Mining Act, S.C. Code Ann. Section 48-20-60 et seq., (1990), in that no operator may engage in
mining without having first obtained from the Department an operating permit which covers the
affected land and which has not been terminated, revoked, suspended for the period in question,
or otherwise invalidated.
IT IS THEREFORE ORDERED with the consent of Weaver that, pursuant to S.C. Code Ann.
Section 48-20-220 (1990):
1) A reclamation bond of $10,000 must be posted for this site with the Department. This may be
done under a "blanket bond", which includes other permitted mine sites, however, the total
affected area of these sites must not exceed ten (10) acres.
2) The sides of the entrance/haul road must be graded and seeded within thirty (30) days of the
execution of this Order. The Department will write a letter to the landowner, advising him not to
disturb the reclamation work until one additional growing season has passed, otherwise, the
Department will take any disturbances by the landowner into consideration when evaluating
Weaver Construction Company's reclamation responsibilities.
3) Within thirty (30) days of the execution date of this Order, Weaver shall pay to the
Department a one thousand dollar ($1,000.00) civil penalty.
IT IS FURTHER AGREED that failure to meet deadlines established herein or any violation of
the provisions of this Order shall be deemed a violation of the South Carolina Mining Act and
therefore shall be deemed unlawful.
DATE: October 10, 1995
_____________________________________
Ralph King Anderson, III
Administrative Law Judge
We Consent:
Weaver Construction Company, Inc.
___________________________________
DATE: ____________________________________
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL
___________________________________
Walton J. McLeod, III
Special Counsel
DATE: ____________________________________
___________________________________
Patrick T. Walker, Director
Division of Mining and
Solid Waste Permitting
Marlon Weaver
DATE: ______________________________________ |
