APPEARANCES:
Mr. and Mrs. Oscar C. Doster, Pro se, Petitioners
Thomas G. Eppink, Esq., for Respondent, DHEC
W. Thomas Lavender, Jr., Esq., for Respondent Baron Hendrix |
ORDERS:
ORDER ON MOTION FOR RECONSIDERATION
This matter is before the Administrative Law Judge Division (Division) upon Respondent Baron
Hendrix's Motion for Reconsideration of the Division's Decision and Order dated August 5, 1996.
The Decision ordered that DHEC Construction permit #18047-AG be granted to Hendrix. The
Decision also amended two of the special conditions attached to the permit and included three
additional special conditions. A hearing on the Motion for Reconsideration was conducted on
September 30, 1996 at the offices of the Division.
Hendrix seeks reconsideration of the Decision on eight grounds, alleging that several Findings of
Fact are factually erroneous and two special conditions imposed are unreasonable. Hendrix's
motion is denied in part and granted in part, with modifications. An Amended Decision and Order
to be issued by the Division shall reflect the portions of Hendrix's motion that are granted, as
modified.
The following portions of the Decision and Order are amended to read as follows:
Finding of Fact 19:
19. The proposed operation will produce approximately 2,000 tons of animal waste
annually.
Conclusion of Law 21. b.:
21.b. Special Condition 16 must be amended to read as follows:
Dead turkeys must be disposed of in a manner approved by the Department. No dead
turkeys may be disposed of on-site within 2,000 feet of Oakridge Church Road. If a
massive die-off occurs, notify the Department's twenty-four hour number (803) 253-6488,
and all adjoining landowners, at once.
Conclusion of Law 21. d.:
21.d. Add new Special Condition 22, to read as follows:
The permittee shall maintain the existing vegetation as a buffer within twenty-five (25) feet
of the common boundary between Parcel 20 and Parcels 8 and 9 of Lancaster County Tax
Map 176 and shall maintain existing vegetation as a buffer within twenty-five (25) feet of
the common boundary of Parcel 10 and Parcel 9 of Lancaster County Tax Map 176, as
depicted on the attached aerial photograph (See Attachment A).
Upon a review of the record, applicable law, and arguments presented by the parties, the
remaining portions of Hendrix's Motion for Reconsideration are denied. Any other outstanding
motions or issues not addressed herein are deemed denied pursuant to ALJD Rule 29(B).
Except as amended by this Order, and as reflected in the Amended Decision and Order, the terms
of the August 5, 1996 Decision and Order are unchanged. Pursuant to this Order, the Division's
Decision and Order of August 5, 1996 is hereby vacated. An Amended Decision and Order,
modified to conform to the amendments under this Order, shall be rendered and substituted for
the vacated Decision an Order. The Amended Decision and Order, dated October 10, 1996, shall
be the final decision in this matter.
AND IT IS SO ORDERED.
______________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
October 10, 1996
Columbia, South Carolina |