ORDERS:
CONSENT ORDER OF DISMISSAL
This matter comes before the undersigned by way of a an Agency transmittal from the
Department of Health and Environmental Control (the "Department") directing the conduct of a
hearing from which findings of fact and conclusions of law were to be made. Prior to the Hearing
scheduled in this matter, the parties have reached an agreement which will effectively conclude
this matter without any findings of fact or adjudication of the issues. This order will dispose of
the issues raised in this matter.
This proceeding involves an appeal by the petitioner, James L. Hyatt, Jr. (the "petitioner") of
Construction Permit #17,941-AG issued by the Department on August 30, 1995 to Charles
Carnes for the construction of a waste treatment and/or collection system for a project consisting
of two brooder turkey houses and other improvements. The petitioner appeals a number of the
permit conditions as well as the siting of the proposed brooder houses. The petitioner has
purchased the property of Respondent Carnes on which the Respondent proposed to build the
brooder houses, and Respondent Carnes has withdrawn his construction permit application.
Accordingly, by and with the consent of all parties, it is ordered and agreed as follows:
1. This Order shall dismiss this matter.
2. The parties hereto waive their respective rights to have these matters reviewed by the
administrative law judge.
IT IS SO ORDERED.
s/Stephen P. Bates
Administrative Law Judge
WE SO MOVE:
PETITIONER
By: s/W. Thomas Lavender Jr., Esquire
Date: 1/25/96
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By: s/William S. Coleman, Jr., Esquire
Date: 25 January 96
s/CHARLES CARNES
Date: 1-22-96 |