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HT393.S3 P76 7 7 c 2 MAR 2 6 iSSt Property of CSC ai&Ibzr PROPOSED SOUTH CAROLINA COASTAL PROGRAM VOLUME I I Appendices U. S DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 S.C. Coastal Council January, 1979 Appendices A. History of Program and Legislation B. South Carolina Coastal M~anagement Act of 1977 C. Legal Authorities Analysis of State Agency Authorities D. Memoranda of Agreement E. Applicable State Statutes and Regulations 1. Statutes 2. Regulations F. Geographic Areas of Particular Concern G. Federal Coordination H. State Coordination I. Local Government Coordination J. Public Participation K. Permitting Final Rules and Regulations L. Boundary Determination Methodology M. Federally Excluded Lands N. Maps Appendix A 1115FOIZY OF '111E I1X11AA AND) ,IIIISLATIONI lured through the S.C. Wildlife and Marine Resources Department. As work% was begtmi August 1973 - Septeuuter 1977 on drafting enabling legislation, various projects were initiated, through staff effort, for gathering the necessary data for development and administration of Wuring the past decade there has been a growing concern, nationally, for a management program. Projects such as thle following were carried out. endangered coastal habitats. This concern, as exhibited in three stiudy/reports, 1NaulPtsrcsIvtoy ((AIR NATICIN AND 1111: SEA, Stratton .Report, -January 1969; .NATIONIAL FMIUARINE P'OLUITION (2) Bottom Tidal Currents Study. SJUDY, Noveauber 1969; andi NATIONIAL ESfUARY STUDYW, January 1970) culminated in (3) Coastal Suit Survey. passage of the Federal Coastal Zone Manageiwnt Act in 1972. 4 CoiAtrMpngPgam 'tie act contains two kinds of federal incentives, financial assistance and (S) Public InformajiOll Program. federal consistentl, to foster state participation in a co41qrellensive national coastal zone mianagement prograla. The goal of this initiative is to bring about a balance In February 1975, the Coastal Zone Planning F, Management Council, through betweei, economic growth and conservation of valuable natural resources. Financial its chairman, Senator Waddell, introduced a coastal zone bill (S260) in the State assistance may be received by states, first, to develop coastal zone management, Senate. This bill which called for a IS member Coastal Zone Council and a permitting prograne; and then to admninister theme. ?'bnies may also be received by states to system which distinguished between publicly-owned and privately-owned tidal wetlands help in acquiring estuarine sanctuaries. Once a state's program is approved, all never left the Senate's Fish, Game- and Forestry Counittee. federal agencies conducting activities in the state's coastal zoixe mist mike themt That sawe year three coastal zone management bills were introduced in the conforml to tile Iroxisulan extent practicable to the state plan. This require~lent is House of Representatives: the Caamibell bill (112420), the Mass bill (1-12012) and 1,nownl as fedelali consistency, the Ibdges bill t112427). Nothing came of the two latter bills, and after a nmbter To take advantage of thle opporttuiities offered by this fedleral act, Govenor of aiendeents, the Canl~bell bill, 112420, received thle approval of the State House John West, through an executive order issited in Akigust 1973, created tile S.C. of Representatives and was sent to the Senate. The bill was referred to a (bastal Zone Planning F, %niuageiiaznt Cotuncil. This eleven memler Co~uncil was subcoemmittee of the Senate's Fish, Game and Forestry Coummittee where it was charged with drafting state coastal zone management legislation andi developing further amended. The amended version did not receive Senate approval before a mallagniuemet program for thle coast in atcordwice with the piovisions of the rederal the close of the 1975 legislative session. Coastal Zone Kaj,,goent Act. Counucil ijwmbersluip consisted of the directors of In March 1976 the amended 112420 received Senate approval and was then sent neire state agencies concerned wVithl the coastai zone, aii at-large me,,ter representing back to thc'!-Iouse. After several amendments, the House passed the legislation. c-j,vi rnoriiiital concerns, anti Senator .huiies M1. Waddell , Jr. , of teatifort, a long At this point a joint conference coummittee, comprised of members of both houses tin 5lPYlksp~~ter Of coastal zone legislation, as chtai noan. of the General Assembly, was formed and the resulting comprouaise version was witt, approval, in nhy 1974, of the Qutuicil's first ,Sect ion 30S developmental subsequently passed by both the House and thec Senate. All these efforts were in) glant appli at ion by tlue Office (if' Coastal Zonev Management, NOAA, a smiall staff was vain, however, for submission of 112420 to Governor James D. Edwards resulted in% a A-i veto which was subsequently sustained. (1) Establishes an eighteen member S.C. Coastal Council *4hich became Duiring this same session another effort at passage of a coastal zone an official State agency on July 1, 1977. mianagemlent bill was attempted. Upon veto of 112420 a new bill, 112839, was (2.) Provides for the development and adjninistration of a coastal zone introduiced in the Senate where it passed unanimously. After subs5equient passage management program, including thle authority for a process to review, issue, by the liouse of Representatives, Gavernor Fidwards once more exercised his veto or deny permits in critical areas of the coastal zone. This authority become powe.* Cince mere the veto was sustained, effective September 28, 1977. Duzring the meoths of legislative debate preceeding passage and veto of (3) Authorizes legal proceedings to settle claims of private individuals to the two bills, Council staff had steadily increased it., baseline data and hoad tidelands below the mean high water mark. attesqited to raise the level of pidd ic awareness and slupport of the program dlevelop- ment meint effort. Ibwever, with the Governor's second veto, tine was running out for South Carolina's coastal zone management program. Formker Governor John West's three year executive order was due to expire on September 12, 1976. The resultant dissoluition of tile Coastal Zone Planning & Munagement Council would have meant an almost sure end of South Carolina's coastal zone management efforts as there would have been no designated agency to receive and allocate federal fimnding. To assure program continuation, tiwernor Edwards issued an executive order oil Seprtsinber 10, 1976, creating a new Coastal Zone Pla-niing & Minageisent Council. This twenty-two member council, composed of businessmen, doctors, attorneys Pand members representing environmental concerns, was charged, as was thle first Cotuncil, with drafting coastal zone management legislation. The legislation eventually proposed by this Counicil was submitted to thle Governor and to both Houises of thle ueneralI Assembdly. [he Sviiate Fish, Gamne land rorestry Collmiltte spons~ored a cnmi~rornise hill (S290) which passed Ox- Senate oil Riy 4, 1977, laid was sent to the Ikiuse. iTi legislation was slightly amended in the Hoiuse and jnssed with only one dissenting vote onl Miy 18. 'Ilie Senate concurred unanifilusly With tile "Alilrdmeituts, anld Governor Edwards signed the bill into law onl Cay 24, 1977. This law (Act 123 of 1977) basically does three things:. Appendix B (R204, S280) An Act To Establish The South Oarolina coastal 0ounill And Provide For Its Powers And Duties For The Protection And Im- provemont Of Ooastal Tidelands And Wetlands Under A (oastal Zone Management Plan; Provide For Enforcement Of Policies Of The Counoil And Penalties For Vlolations; And Authorize Legal Proceedings For The Determination Of Title To Tidelands Properties. Be it enacted by the General Assembly of the State of South Carolina: Findings SECTION 1. The General Assembly finds that: (A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to tile present and future well-being of the State. (B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, com- merce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste dis- posal and harvesting of fish, shellfish and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrielet-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion. (C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone. (D) The coastal zone and the fish, shellfish, other living nmarine resources and wildlife therein, may he ecologically fragile and con- sequently extremely vulnerable to destruction by man's alterations. (E) Imnportlat ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned develop- ment that threatens to destroy these values. (F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate. B-1 Sl~tate poalicies (E) It shall be the policy of tile State to coordinate the coastal state pollcl planning and unautageeulell p)rogrgun ellort withl, other coastal states Section 2. (A) 'The General Assembly declares the basic states. policy in tile iumplementation of this act is to protect the quality of the coastal enviromnlent and to promote tie economic and social improve- Definitions menit of the coastal zone and of all tile people of the State. SecrioN 3. As used in this act: (B) Specific state policies to be followed in the implementation (A) "Applicant" means any person who files an application for of this act are: a permit under the provisions of this act. (1) To promote economic and social improvement of tile citizens (B) "Coastal zone" means all coastal waters anti submerged lands of this State and to encourage development of coastal resources in seaward to the State's jurisdictional limits and all lands and waters order to achieve such improvement with due consideration for the in the counties of the State which contain any one or more of the enviroXlnent and within the framework of a coastal planning program critical areas. These counties are Beaufort, Berkeley, Charleston, that is designed to protect die sensitive and fragile areas from inap- Colleton, Dorchester, Ilorry, Jasper and Georgetown. propriale developilent and provide adequate environmental safeguards (C) "Council" means the South Carolina Coastal Council. with respect to the construction of facilities in the critical areas of the (D) "CCPS" means Coastal Council Permitting Staff. coastal zone; (Ei) "Saline waters" means those waters which contain a measura- (2) To protect and, where possible, to restore or enhance the ble quantity of sea water, at least one part chloride ion per thousand. resources of the State's coastal zone for this and succeeding genera- (1?) ,Coastal waters' means the nav igable waters of the United (FIt) "Coaslal waters" means tile navigable waters of the United tions; States subject to the ebb and flood of the tide and which are saline (3) To formulate a comprehensive tidelands protection program; waters, shoreward to their mean high-water mark. Provided, however, (4) To formulate a comprelensive beach erosion and protection thalt the Council may designate boundaries which approximate the policy including tile protection of necessary sand dunes. an extent of saline waters until such time as the mean extent of (5) To encourage and assist state agencies, counties, municipali- saline waters can be determined scientifically. ties and regional agencies to exercise their responsibilities and powers (G) "'llelands" mneans all areas which are at or elow mean in the coastal zoe tro ti dvopmn d implementation igh tide and coastal wetlands, nmudflats, and similar areas that are comprehensive programs to achieve wise use of coastal resources contiguous or adjacent to coastal waters and are an integral part giving full consideration to ecological, cultural and historic values of the estuarine systems involved. Coastal wetlands include marshes. as well as to tile needs for economic and social development and ndflats, and shallows and means those areas periodically inundated resources conservation. by saline waters whether or not the saline waters reach thle area (C) In tile hnplementation of this act, no governmental agency naturally or through artificial water courses and those areas that shall adopt a rule or regulation or issue any order that is unduly are normally characterized by the prevalence of saline water vegeta- restrictive so as to constitute a taking of property without the pay- tion capable of growth and reproduction. Protided, however, noth- ment of just compensation in violation of the Constitution of this ing in this definition shall apply to wetland areas that are not an State or of the United States. integral part of an estuarine system. Further, until such time as the (D) Critical areas shall be used to provide the combination of uses exact geographic extent of this definition can be scientifically deter- which will insure the maximum benefit to the people, but not neces- mined, the Council shall have the authority to designate its approxi- sarily a combination of uses which will generate measurable maximum mate geographic extent. dollar benefits. As such, the use of a critical area for one or a combina- (H) "Beaches" means those lands subject to periodic Inundation tion of like uses to the exclusion of some or all other uses shall be by tidal and wave action so that no nonlittoral vegetation is estab- consistent with tile purposes of this act. lished B-2 0� 0 o() ri l ,ary ocean front sand dunoes" mleanls those dunes whrich out o ri oastal ouuoil created ar constitute thle flout row of dunes adjacent to the Atlanlic Ocean. S.c'rot 4. (A) There is hereby created the South Carol_ (J) "C'riical areat" means any of the following: (1) coastal Coastal Council which shall consist of eighteen members as follows: waters, (2) tidelands, (3) beaches and (4) primary ocean front lEight members, one from each coastal zone county, to be appointed S~antiI ditties, by the local county governing body; six members, one froPh each of (K) "Person" lltealis ally individual, organization, association, tile congressional districts of the State, to be elected by a majority patilnershil, business trust, estate, trust, corporation, public or nlulli- vote of tile members of the liouse of Representatives and the Senate ciptl curpolalion, coumny, local government unit, public or private representing the counties in such district, each such House or Senate authority and shall include the State of South Carolina, its Piolitical member to have one vote; aT d the following legislative members who subdlivisiols and all its departments, boards, butreaus ,ot other agen- shall serve ex officio: Two stale Senators, one to be appointed by tilhe cies, unless specifically exempted by this act. President of te Senate and one to be elected by tile Senate Fish, (1,) "l'stualiile sanctuary" means a research area designated as Game and Forestry Committee; and two memlitrs of the Hlouse of all estuar-ine sanictiary by tile Secretary of Commerce. Representatives to be appointed by the Speaker of the House. The (M) "Marine sanctuary" means any water and wetland areas Council shall elect a chairman, vice-chairman and such other officers diesignated as a marine sanctuary by tile Secretary of Colmnlerce. as it deems necessary. (N) "Minor levelopiment activities" means the constrnctioli, main- (B) Terms of legislative members shall be coterminous with their lenance, repair or alteration of any private piers or erosion control terms as members of the General Assembly. Terms of all non-legisla- structure, the construction of which does not involve dredge activities. tive members shall be for four years and until successors are ap- (0) "Dredging" means the removal or displacement by any means pointed and qualify, except that of those initially appointed three of of soil, sand, gravel, shells or other material, whether of intrinsic the members appointed by county governing bodies and two members value or not, fromi any critical area, from congressional districts shall serve terms of two years only as (P) "Filling" " meals either the displacement of saline waters by determined by lot at the first meeting of the Council. Vacancies shall thile depsitii ing into critical areas of soil, sand, gravel, shells or other be filled in the original manner of selection for the unexpired term. material or the artificial alteration of water levels or water currents Powers and dutles hy physical structure, drainage ditches or otherwise. L~y phl'ysical stialclumo, drai5age ditchts or otherwise. Sitc~ior 5, 'Me Council shall have the following powers and (Q) "Sutbmerged lands" means those river, creek and ocean bot- . The Council shall have the following owers an toms lying below mean low-water mark. duties (toRs lying beatlow m oeand low-water mark. ocabons (A) To employ the CCPS consisting of, but not limited to, tile regardless of specific gravitynd all that are p r oduced in liquid forbon by following professional members: An administrator and other staff regardless of sp~ecifc gravity, that are produced in iquid form by nmembers to include those having expertise in biology, civil and ordinary production methods, hut does not include liquid hydrocar- hydrological enginclude those having exp ertise n engineerinology, civil an luons that were originally in a gaseous phase i the reservoir. hydrological engineering, planning, environmeital engineering and (S) "Gas" means all natural gas and all other fluid hydrocarbons environmental law. not hereinabove defined as oil, including condensate because it origi- (B) To apply for, accept and expend financial assistance from nally was in the gaseous phase in the reservoir. public and private sources in support of activities undertaken pur- ('1') "Fuel" Imeals gas and oil . ' suant to this act and the Federal Coastal Zone Management Act .FU) "liliergency" means any unusual incident resulting from of 1972. natural or unilatlral causes which endanger the health, safety or (C) To undertake the related programs necessary to develop and tesnuraces of the fesidents of the Stale, including damages or erosion recommend to the Governor and the General Assembly a cornpre- tfi any beach or shore resultinl' from a hurricane, storm or other hensive program designed to promote tile policies set forth in this suchI violent disturbance. act (5) To monitor, in coordination with the South Carolina De- (D) To hold public hearings and related coemmulity forums amnd rmt of Wmonitr ie and Marine Resources, the waters of til e afford participation in the development of mranagementl programs to artment oil Wildlife and Ms rine Rtme s the water s of till i -all interested citizens, local governments and relevant state and suc waters it sapills. mediately report sucerves an oil s pill toil e South federal agencies, port authorities and other interested parties. Carolina iDeartment shalo ineatiatey rep ort s spill ontrole Southe () TlO proonulgate necessary nitles and regulations to crry United States Coast Guard and lEnvironmuental Protection Agency. out the provisions of thls act. (F) To administer tle provisions of tThis in no way negates tile responsibility of tile spiller to report ( F) To admlinister tile provisions of this act and all rules, regu- Spill. lations and orders promulgated under it.n with the outh Carolina De- (C;) To examine, modify, approve or deny applications for per- (T) To direct, in coordination witht the South Carolina De- mits for activities covered by the provisions of this act. Pastmeat of lialib and Environmental Ctr! as the designated (G) To examine, Modify, approve or deny applicaions for per- partment of Health and Environmental Contrip as the designated () To revoke and suspend permits of persons who fail or re- state a gency to provide liaison to the regational otringency tela, state fuse to carry out or comply with the terms and conditions of the supervised removal operations f il discharged into the waters ~~~~~~~~~~permf~~~~~~~~~~it. ~within tite territorial jurisdiction of this State anti entering such (l) To enforce the provisions of this act and all rules and regu- waters after being discharged elsewhere within tile State, and to lations promimulgated by the Council and institute or cause to he seek reimbursement from the National Contingency Fund for re- inslitutted in courts of competent jurisdiction of legal proceedings moval operations cost expended by it and all other agencies and to compel compliance with the provisions of this act. political subdivisions including county, municipal and regional gov- (J) To manage estuarine and marine sanctuaries and regulate ernmental entitles in removing such oil as provided for in Section all activities therein, including tile regulation of the use of the 311 (C) (2) of the Federal Water pollution Control Act. coastal waters located within the boundary of such sanctuary. (U) To act as advocater where the Council deenis sch action (K) lTo establisih control and adnminister pipeline corridors and appropriate, on behalf of any person who is granted a permit for a locations of pipelines used for the transportation of any fuel on or specific development by the Council btit is denied a permit by a in tihe critical areas. federal agency for the same specific development. (L) To direct and coordinate the beach and coastal shore ero- (V) To delegate any of its powers and duties to the CCPS. sion control activities among the various state and local govern- Wildlife Department to provide personnel (M) To implement the state policies declared by this act. SEc'tor; 6. When requested by the Council, the Wildlife and (n) TO implencent ti e s pmtaote thpolicies deratind by t assct. Marine Resources Department shall provide additional staff for the (N) T'o encourage and prolmote the cooperation and assistance Council, including any additional conservation officers, necessary to of stale agencies, coastal regional councils of government, local gov-he provisions of this Act and for which funds are ernmeolts, federal agencies and other interested parties. avainser (O) To exercise all incidental powers necessary to carry out avalable. the Provisions of this act. Other agencies to cooperate (P To coordinate tile efforts of all public and private agencies ScTrioN 7. (A) All other state and local agencies and cout- anld organizations ngaged i n the making o f tida l su rveys of the missions shall cooperate with the Council in the administration of coastal zone of this State with the object of avoiding unnecessary enforcement of thi s act. All agencies currently exercising regula- duplication and overlapping. tory authority in the coastal zone shall admlinister such authority (a ) To gserve as a coordinating state agency for ny proram in accordance with the provisions of this ct actnd rtes and regu- (:Q) To coordinating state agency for avey pogram latiolls promlngated thereunder. of tidal surveying conducted by the federal government. l lohs promulgated te rer (R) To develop uniform specifications and regulations for tidal (B) The Council in the discharge of its duties elay administer surveying. oaths and affirmations, take depositions and issule subpoenas to coin- B-4 *�( pet the aitentdance of witnesses and tile production of oolks, papers, (5) Estalblish broad guidelines on priority of uses in critical colrespolldence, niemuoraldla and other records deemned necessary in areas. cotlieclion witl the work of the Council. The only exception shall (6) Provide for adequale cnnsideraliol of thle local, regional, lbe, that infurmlation considered proprietary by thile applicant. If in state and national interest involved in tile siting of facilities for the the olpilion of tile Council a proper decision cannot be rendered developlment, generation, transmission and distrilntion of energy. without tile submlissioll of such proprietary information, the CoUncil adequate translprta;tion facilities and other public services necessary shall be empowered to execute an agreement on confidentiality withi to meet requirements which are other than local hi natl-re. the applicant and such information shall not be made a'part of the (7) Provide for consideration of whether a proposed activity of public record of current or future proceedings. an applicant for a federal license or permnit complres with the State's (C) In case the contunlacy by any person or refusal to obey a coastal zone program and for tille issuance of notice to any concerned subpoena issued to any person, any circuit court of this State or federal agency as to whether the State concurs with or objects to the circuit judge thereof within the jurisdiction of which such person proposed activity. guilty of contumacy or refusal to obey is found, resides or trans- (8) Provide for a review process of tile ma1nagemenit plan and acts business, upon application by the Council, may issue to such alterations thereof that involves local, regional, state and federal person an order requiring himn to appear before the Council to agencies. produce evidence if so ordered or give testimony tolichilng the mat- (9) Conduct other studies and surveys as may be required, in- ter under investigation. Any failure to obey an order of tile court cluding the beach erosion control policy as outlined in this act. may be punished as a contempt hereof. Subpoenas shall be issued (10) Devise a method by which the permitting process shall be in the namle of the Council and signed by the Council chairman. streamlined and simplified so as to avoid duplication. Subpoenas shall be issued to such persons as the Council may (11) Develop a system whereby the Council shall have the designate. authority to review all state and federal permit applications in tile coastal zone, and to certify that these do not contravene tile manage- Oouncil to develop coastal management program Svc'ioo 8. The council shall develop a comprehensive coastal ment plan manageNemit program, l and thereaftlaer have the responsibilityfor (C) Provide for a review process of the management program enforcing and administering the progranm in a ccorda nce with the and alterations that involve interested citizens as well as local, provisions of this act and any rules and regulations promulgated ( Con si de r i l connc n with the Deprtment of al and undter this act, In developing the programn the Coun cil shall: (D) Consider in conjunction with the Department of Health and )nder tPvisd act. In developing the prograw h the Council shalls Environmentala Control the planning and review of existing water (A) Provide a regtulatory system wlhich the Council shall use qlquality standards and classifications in the coastal zone. in providinlg for the orderly and beneficial use of tile critical areas. (E) Provide consideration for nature-relate uses of critical areas, (B) In devising the management program the Council shall con- such as aqtaculture, nariculture, waterfowl and wading bird manage- sider all lands and waters in thle coastal zone for planning purposes. ment, game and nongame habitat protection projects and endangered In addlition, the Council shall: flora and faila. (i) Identify present land uses and coastal resources. (2) Evaluate these resources in terms of their quality, quantity Public hearings and capability for use both stow and in the future. SCTiroN 9. (A) The Council, on thirty days' notice, shall hold (3) Determine the e present and potential uses and tile present statewide public hearings on the proposed coastal zone management and potenltial conflicts int uses of each coastal resource. plan to oltain thle views of all interested parties, particularly all inter- (4) Invenltory and designate areas of critical state concern ested citizens, agencies, local governments, regional organizations and within tile coastal zone, such as port areas, significant natural and port authorities. environmlental, industrial and recreational areas. (11) All Council doclnents associated with such hearings shall be conveniently available to tile pnhlic for review andl stludy at least B-5 thlity dlays prior to a hearing. A report onl cach Itearing shadl be shall be dis~approved by tile Council If it is rnot in compliance Willi prepart d ;rand marde available to tile public within forty-five (lays of file provisions of this act and rules and regulations promulgated *5UClk hrit'k ilig. hereunder. (C) After sufficieiit Ilearigs,1 Mitd upon01 c0nsidetratilin (of thle Views (C) Any city or county that is not currently enforcing ordinances Ill inter csteul parties thle Council shall propose a final managemnilt or reguiationis on thle critical -areas within its jurisdiction at its option plalli fair thil coastal zou~e to tile Governior and tiln General Assembily. may elect to develop a nmanagemnent program for such critical areas by (D)) I. poni review and approval of thle pImoposcd nannqgennnent plan notifying tile Counicil of its ntaent within Otte hundredl and ceighty lay tihe Governor and General Assembly, live propoded pian shall days following the approval of this act. Stich proposedl ordinances becouicn tire finad nan ageni ent plain for thle State's coastal ~Zuv and regulations applyivng to critical areas Shall lie spliject to file process (I) Ally change inl or annnenndnennt to thle final management plan spccified in Sectionl 10)(11). all-out ~e itupluttuled ly fklllwitl~- 6V Ill-cwdlues cmhli(li) Aily county(DorAl y ityuri y ar citlegaty dsegetorsm alorofl ofsitsseponss- 5traios (A) iruplenuented by ) ofotoi thIs ec io ocedu es o tileariliew bilities inl developin~g a coastral namnagcrnent programn for critical areas aneatrovis (A) (ti), (C)mo arid (l) ftie Getinerandnli Assemby rieunder its jurisdiction to tile regional council of governmlent of which it is a part, provided thle county or city Inns notified the Council it] Plan to cooperate withs local governments writing at least thirty days prior to thle d'ate onl which smell action is to SecivioN 10. (A) The imaageuenct program sp~ecified in Section be taken. 9searll lie devneloped inl compldete cripqeratioll Willi affected local govern- Ports Authority to submit plan menits in th o:sa ii.''i oprto hl nldhn o SEcraON II. T1he South Carolina State Ports Authon ity shall (1) Juolvemnt of ocal overnmnts o theirdesigees il tileprepare gand submit to the Council a mamagement plan for p-int and (1)mgllelt 1 nogvennc oloagoenetorter(sins nh harbor facilities and navigation channels. Upon approval by (lie Courn- 2 roiin o tcnicagl a s s a c n st i plocral. cil of such mianagembent lplann it shall becomie par of thle comprehensive (2)Prvirui sicariong oft thechira aessistanc ies ndr gris toaidlcal coastal management program developed by tie Council. The South go 3rniueitss in arring oft theproe ifresoni atiea tidatr this cact. Carolina State Ports Authority shall imnclde Iin thle managemient plan (3)uce tosseminatind egof na~el gnovrinmetiral unita osta a designation of the geographbical area appropriate fur use by pimbhc r 4es cmmudtours to local and regional governmental unuits, antd private port and harbor facilities and military aud~ naval as it) iteeded nnodificationrs or alterations inl local ordinances that f a i t e s a dsuhrhstoieCunlfrapovl licconne appalenit as a1 result of tile generation of improved and more council to develop beach erosion control policy comprn elnesive iiifornuatio'i. SECTION 12. (A) The Council Shall develop anil institute a comi- (11) Anly city or morunty thatr is currently enforcing a zoning ordi- prehlensive beach erosion control policy that identifies critical erosion naince, subd(ivision a egulatiorn or luniilditig code, a part of whtich applies areas, evaluates Ole benefits and (costs of erosion control structures to ciitkat -areas, shall ubriat tile elemnimts of such ordinances and funded by thle State, considers the dyitamic littoral andtl offshore drift regitlitions applying ti) ci itical arears to thle Council (or review. 'fie systems, sand (filles and like items. ('on -if shall evaluate such) ordinances andl filans to delcrmline that tiley (11) The Council for and onl behialf of thle State marey issue perinits maeet e prrrvisions of this act and rules and regulations pronuilgated for erosion comntrol structures following the provisions of this Section hnereundler. Upon determiinatioin and approval by thle Counicil, suich and Sections 14 and 15. onl or upon thle tidelands and coastal waiters ordilni~rres and regulations shtall he adopted by tihe Council, followed of this State as it mairy dheem most advantageous. Provided, however, by file Council inn meeting its permit responsibilities under this act that real proicrty rebuilt or accreted as a result of natural forces anil integrated into tile Council's Coastal Management Program. Ally or as a result of a permitted structure shall exceed file original Chnange or maodificatio~n in the elennents of approved Zoning ordinnances, turopecrty line or boundary. Provided, further, that no person or subdivision regulations or building codes apjplying to critical areas governunental agency may develop ocean front property accreted by B- 6 'natural forces or as thle result of permitted or nonlperlmitted stric- of the final rules and regulations it will follow in evaluating permit lures heyond tile mean high water mark as it existed at the time applications. Sixty days after making such guidelines available tile Ihe ocean frolit property was initially developed or subdivided, and Council shall hold a public hearing affording all interested persons such prioperty shall lenain thle property of the State held in trust an oplportunity to comment on such guidelines. Following the public for trie people of the State. hearing the Council shall in ninety days publish final rules and regula- (C) 'lle Council shall have the authlority to remove all erosion tions. Provided, however, the interim rules and regulations shall not .control structures which have an adverse effect on tile public interest. be subject to the provisions of Act 671 of 1976. (1)) Th'I'lle Council is authorized for and in behalf of the State to ( Ninety days after the effective date of thills act no person accept sulch federal mxonies for beach or shore erosion control in slhtldfill, remove, dredge, drain or erect any strticture on or ill ally areas to which tile public has full and complete access as are avail- way alter any critical area without first obtaining a ermnit from able and to sign all necessary agreements and to do and perform tile Council. Provided, however, that a person who has legally corn- all necessary acts in connection therewith to effectuate the intent and menced a use such as those evidenced by a state permit, as issued purposes of such federal aid. by the Budget and Control Board, or a project loan approved by (E) If a beach or shore erosion emergency is declared by the Coun- the rural electrification administration or a local building permit cil, the State, acting lthrough l te Council, may spend whatever state or has received a United States Corps of Engineers or Coast Guard funds are available to alleviate beach or shore erosion in areas to permit, where applicable, may continue such use without obtaining which the public has full and conmplete access, including any funds a permit. Any person may request the Council to review any project which ,niay be specifically set aside for such purposes. or activity to determine if he is exempt tiunder this section from the (F) Ilhe Council, for and oni behalf of tile State, may issue permitis provisions of this act. The Council shall make such determinations not otherwise provided by state law, for erosion and water drainage within forty-five days from the receipt of any such request. structure in or upon the tidelands, submerged lands and waters of (D) It shall not be necessary to apply for a permit for the follow- this State below the mean high-water mark as it may deem most ing activities: advantageous to tile State for the purpose of promoting the public (1) Tie accomplishment of emergency orders of any duly ap- health, safety and welfare, the protection of public and private property froml beach and shore destruiction and the continued use of tidelands, pointed offiial of a county, municipality or of the State, acting to protect the public health and safety, upon notification to the Council. subnmerged lands and waters for public purposes. (2) Hunting, erecting duckblinds, fishing, shellfishing and trap- Permits requIred to iutilize stortl.l arreas ping when and where otherwise permitted by law; the conservation, SECTION 13. (A) Ninety (lays after the effective date of this act repletion and research activities of state agencies and educational in- no person shall utilize a critical area for a use other than the use the stitutions or boating or other recreation provided that such activities critical area was devoted to on such effective date unless he lhas first cause no material harm to the flora, fauna, physical or aesthetic re- obtained a permit front the Council. sources of the area. (B) Within sixty days of the effective date of this act tile Council (3) The discharge of treated effllelt as permitted by law; pro- shall publish and make available the interim rules and regulations it will follow in evaluating permit applications. These interim rules and reglations shall be used in evaluating and granting or denying al and comment on all proposed permits that would affect critical areas. regulations shall be used in evaluating and granting or denying all permit applications until such tile as the final rules and regulations (4) Dredge and fill performed by the United States Corps of are adopted in accordance with this section and Act 671 of 1976. Engineers for the maintenance of thile harbor channels and the collec- Within one hundred and twenty days of the effective date of this act, tion and disposal of the materials so dredged; provided, however, thie Council shall publish and make available to local and regional that the Council shall have authority to review and certify all such governments and interested citizens for review and comment a draft proposed dredge and fill activities. B-7 (5) Construction of walkways over sand dunes in accordance big landowners, local governllent units in which tile land is located with Section 12. and other interested persons of the application and shall inlicate (6) Emegency repairs to any existing bank, dike or structure thile natliure of the applicant's proposal. Public notice shall be given which has been erected in accordance with federal and state laws, at least once by advertisement in state antf local newspapers of including fishing piers which are provided for by general law or acts general circulation in the area concerned. The Council may hold a pa'ssedl Iy the General Asseumbly of Soulh Carolina; protvided, how- public hearing on applications which have any effect on a critical ever, that notice shall be given to the Council withip seventy-two area if it deems a hearing necessary. The public hearing shall he hours from thle onset of needed repairs. ' held inl tle county where the land is located and if in more than (7) Maintenance and repair of drainage and server facilities one county the Council shall determine in which county to hold constructed in accordance with federal or state laws and normal tile hearing or may hold hearings in both counties. maintenance and repair of any utility or railroad. Provided, all interested agencies, all adjoining landowners, local (8) Normal maintenance or repair to any pier or walkway pro- governnent units and other interested persons shall have thirty days vided that such maintenance or repair not involve dredge or fill. to file a written comment to such application after receipt of any (9) Construction or maintenance of a major utility facility such notice by the Council. where the utility has obtained a certificate for such facility under Approval of permits "Tire Utility Facility Siting and Environmental Protection Act", SscvmoN 15. (A) In determining whether a permit application Sections 58-1801 thrug 5-1832 of te 1962 Code. Provided, how- is approvetl or denied the Council shall base its determiuation onil ever, tbat the South Carolina Public Service Commission shall make ever, that e South Carolina Public Service Commission hall make the individual merits of each application, the policies specified in the Council a party to certification proceedings for utility facilities Sections 1 ald 2 amd be guided cy tie following general considera- within the coastal zone. tions: Submaission of development plane-applications for permits (1) The extent to which the activity requires a waterfront SEcriorn 14. (A) Any person who wishes may submit develop- location or is economically enhanced by its proximity to tile water. ment plans to the Council for preliminary review. If a permit is (2) The extent to which the activity would harmlfully obstruct necessary, the Council will miake every effort to assist the appli- the natural flow of navigable water. If the proposed project is in one calit in expediting the permit application. or more of the State's harbors or in a waterway used for coiln- (B) EIach application for a permit shall be filed with the Council mercial navigation and shipping or in an area set aside for port and shall include: developnlelut in an aplproved management plan, them a certificate (1) Name and address of the applicant. from tile South Carolina State Ports Authority declaring the pro- (2) A plan or drawing showing the applicant's proposal and posed project or activity would not unreasonably interfere with the mannler or method by which the proposal shall be accomplished. commercial navigation and shipping must be obtained by the CotUn- (3) A plat of the area in which the proposed work will take cil prior to issuing a permit. place. (3) The extent to which the applicant's completed project (4) A copy of the deed, lease or other instrument ulnder which would affect tile production of fish, shrimp, oysters, crabs or clams thle apl,!iant claims title, possession or permission from lile owner or any marine life or wildlife or other natural resources in a par- of tile property, to carry out the proposal. ticular area including but not limited to water and oxygen supply. (5) A list of all adjoining landowners and their addresses or (4) 'lhe extent to which the activity could cause erosion, a sworn affidavit that with dlue diligence Stlch information is not shoaling of channels or creation of stagnant water. ascertainable. (5) The extent to which the development could affect exist- (C) 'I'he Council within thirty days of receipt of all application ing public access to tidal and submerged lands, navigable waters for a peuruit shal;ll notify, in writing, interested agencies, all adjoin- and beaches.or other recreational coastal resources. B-8 (6) The extent to which the development could affect thle (E) Any permit may be revoked for noncompliance with or vio- habitats for rare and endalngered species of wildlife or irreplaceable iation of its terms after written notice of intention to do so has been historic and archeological sites of South Carolina's coastal zone. given tie holder and the holder given an opportunity to present all (7) T'he extent of tile economic benefits as compared with the explanation to the Council. benefits front preservation of an area in its unaltered state. (F) Work authorized by permits issued hereunder shall be conl- (8) Tlhe extent of alny adverse envirolnmenltal im.pa3ct wlhiclh pleted within three years after the date of issuance of the pcrmit. The cannot le avoidedl by reasonable safeguards. time limlit may be extended for goodl cause showing that due diligence toward completion of the work has been made as evidenced by signi- (9) The extent to which all feasible safeguards are taken to r avoid adverse environmental imlpact resutlting from a project. avse evrentao ipat rooseg u could afprfec the (G) Any person using a dragline, dredge, bulldozer or similar (10) T'le extent to wahich the proposed use cold affect ile equipment within the critical areas shall be required to register such vallue and elnjoynment of adjacent owners. equipent and display all identification number assigned by the Coun- (B) After considering tile views of interested agencies, local, cil. The size, color, location, etc., of such identification numbers shall governments and persons, and after evaluation of biological and ec- be established by the Council. onoinic considerations, if tile Council finds that the application is not contrary to the policies specified in this act, it shall issue to Violation--juriediction of courts the applicant a permit. The permit may be conditioned upon the SecrioN 16. The circuit court of the county Ill which the affected applicant's amending the proposal to take whatever measures tile critical area or any part thereof lies shall have jurisdiction to restrain Council feels are necessary to protect tile public interest. At the a violation of this act at the suit of the Council, the Attorney General request of twenty citizens or residents of the county or counties or any person adversely affected. In the event the affected critical affecled, the Council shall hold a public hearing on any application area lies in more than one county, jurisdiction shall he in the circuit which has atn effect on a critical area, prior to issuing a permit. court of any county in which any part of the area lies. Inl the same Such public hearings shall be open to all citizens of the State. action the circuit court having jurisdiction over tile affected area When applicable, joint public hearings will be held in conjunction may require such area to be restored to its original condition, if pos- with any such hearings required by the U. S. Army Corps of En- sible, and environmentally desirable. In the alternative, the Council gineers. On any permit application pertaining to a specific devel- may complete the restoration at the expense of the person altering opmlent which has been approved by the Council, the Council may the area in which case suit for recovery of the amount so expended support the applicant with respect to any federal permit applica- may be brought in any court having jurisdiction to restrain a violation. tions pertaining to the same specific development. No bold shall be required as a condition of the granting of a tempo- (C) Tle Council shall act upon an application for a permit with- rary restraining order tinder this section, except that the court may in in ninety days after the application is filed. Protided, however, that its discretion require that a reasonable bond be posted hby any person ih the case of minor developments, as defined in Section 3, the requesting the court to restrain a violation of this act. (U ticil shall have the authority to approve such permits and shall act within thirty days. In tile event a permit is denied the Council Penalties shall state the reasons for such denial and such reasons must be SEC'rION 17. Any person violating any provision of this act shall in accordance with the provisions of this act. be deemed guilty of a misdemeanor and upon conviction shall he (I)) Any applicant leaving a permit denied or any person adversely punished by imprisonment of not more than six months or by a fine affectetd by tile granting of the permit has the right of direct appeal of not more than five thousand dollars, or both, for the first offense, to tile Council. Anly applicant having a permlit dellied may challenge and by imprisonment of not more than one year, or by a fine of not tile validity of any or all reasons given for denial. more than ten thousand dollars, or both, for each subsequent offense. B-9 Appeals Legal actions to determine ownership SECTION 18. Any applicant whose permnit application has been SecrioN 22. (A) Any person claiming an interest in tidelands denied, revoked, susiended or approved subject io conditions of the which, for the purpose of this section, means all lands except beaches Coilucil, or any person adversely affected by the penrit, may, within in the Coastal Zone between the mean high-water mark and tile Lwenty days after receiving notice thereof, file petition in the circuit mean low-water mark of navigable waters without regard to the court having jurisdiction over the affected land for a review of the degree of salinity of such waters, may institute an action against the Council's action "de novo" or to deter'nine vllether tile Council's State of South Carolina for tile purpose of determining the existence action so restricts or otherwise affects tile use of the. propetty as to of any right, title or Interest of such person in and to such tidelands dep ive the owner of its existing practical use andl is an .unreasonable as against the State. Service of process shall be made upon the exelcise of tle State's police power because the action constittiles secretary of the State Budget and Control Board. the eqluivalclt of taking without compensation. If the court finds (B) Any party may demand a trial by jury in any such action tIle atli.ln tl he aln unreasonablle exercise of the police power it shall by serving upon the other party(s) a demand therefore in writing enter a finding talmt the action shall not apply to tile land of the at any time after the commencement of the action and not later than plaitltiff, or in tile alternative, tiat the Council shall pay reasonable ten (10) days after the service of the last pleading directed to such comlpetnsation for the loss of use of tile land. The use allowed by issue. Such demand may be endorsed upon a pleading of the party. any perminit issued t!nder thills act may, in the discretion of the court, (C) Nothing contained in this act shall ie construed to change be slayed pendting dctiision o01 all appeals trhat may be taken. T'he the law of this State as it exists on the effective date of this act, cilllirt court miay ill its discretion reqluire that a reasonlalble bond relative to the right, title, or interest in and to such tidelands, except be posted by any person. It is specifically intended that any person as set forth in this Section. whose perait applica.tion h.as been denied may have sch. permit (D) The Attorney General shall immediately notify the Council issued bty the circuit court having jurisdiction if such person can troved by thie cir cit cort aving jurisdiction if such person invalidupon receipt of any private suit made under this section, his response prove [lie reason~s given for denial to he invalid. to that suit, and the final disposition of the suit. The Council will Not to affect certain land publish all such notifications in the state register. SecTiON 19. Nothing in this act shall affect the status of the title of the State or any person to any land below the mean high- Si 23 I a of the provisio waler nsark. State shall in no way be liab~le for any damages Sec'rtoN 23. If any of the provisions of this act should be ad- water ar trk. Tfhe State shall in no way be liable for any dmages judged invalid or unconstitutional, the remainder of the act or the as a restlt of the erection of permitted works. application of its provisions to other persons or circumstances shall Regulatory authority of 0ounoll restricted not be affected thereby. SEC'iSN 20. Notwilhstanding any other provisions of this act, tile Co'ncil shall have nio direct regulatory nauthority over any area outside the critical areas in thile coastal zone. Authority of Counoil SF'rc'rON 21. Ninety days after tile effective (late of this act the Cowulcil shall Ihe the only state agency with authority to permit or deny any alteration or utilizationl within tile critical area except for tile exemptions granted under Section 13(1)) and such application for a permit shall be acted upon within the time prescribed by this act. 0 Time effeotive SErTIoN 24. This act shall take effect July 1, 1977. In the Senate House the 19th day of May In the Year of Our Lord One Thousand Nine Hundred and Seventy- seven. W. BRANTLEY HARV/Y, JL, President of the Senate. Rax L. CARTea, Speaker of the House of Reprrsentativrs. Approved the 24th day of May, 1977. JAMES B. EDWARDS, Governor. Printer's No. 122-S. B-11 Appendix C South Carolina Statutes Referenced in this Section by Agency (Citations are to the 19-o S. C. Code -of Laws.j Public Railways Commission (generally 53~-19-10 through 1-1.) 58-19-30-, 58-17-1150. 1160, 1180, lign-, 1200. Public Service Authority (generally ~�53-31-10 thr-,jgh C Public Service Commission (genersl 11 58--1 t-hrough 220 1260, 120,33-29-60:58-12- 10; 583-1.1211, 1:;:,1'.4. Aeronautics Commission -,enerallv. 553 throug~h '900 State Housing Authority (generally I 3- 3-10 through, I15'. 33-.s--k, l~a. --Io, ---. 31- 3- 1.-10, 310. .150, -160, _5S0, 710, -30, 911, 113,132, inow. 31-3-0 S 3l-4 So. Budget and Control 3--irdigenerally �~i 1-11-10 through 160.3 -50 1- 61, 6Th 910, 820 1-1~,80. 90; 10-1-130; 10-9-30; 10-9-10, II3, 130, 1-tO, 180, 250: State Ports Authority, 54-3-110, 130, 1l,lo,1,60 ,- 48-13-3 o0 Helhan ater Resources Commission, 13-3-30-S, .10, 30. 6-3. 310, -;4--0 Department o HelhadEnvironmental Control (generally 4511 49-5-10, so, 60, 100: -1-5-0-1-?-O, 2. b 11.10: 1-0. through 330.1 110, 120, 1-10, ISO. Development Board (generally ~l--0through 120.3 13-3-20 (2); Wildli,:e Marine Resources Depart-ment, 35',1 "j1 13-3-90 2),(6), 100 (4) fc) , dl, (h), (i). (nif, (o) 3~-3-10 and 33;3-5--O and 320, 3301, and 350, 3-5-106, 1-19 IS,. Forestr-., - rmiusson rgenerally �� 48-23-10 through 293.1 -3-235-90, 120, 13~0, 140, 20O. Highwas.- Department (generally � -10through 30.) 5-3--10, 610. 6406, iS. 0, 5'-3-3,0, 360, �0,0j3 8 * 6r0l2,ISn 3., 57---50. b0O -1-1; 57-17-1-0. lnSt i:- of Archeology and Anthropology (created ~%- 60-13-210 I (generaliv �~4T--2_1( through 20.) 4-I-~- 10 , 220) (a) , (b) (c) 23) (a), hb), Ic), 240, 270. Land Resource-- Conservation Commission 'generally 4 3-9-210 through 3201.1 -13-9-290 t7), (10), (13); .13-9-59; ---1T (),(3). (73, (S), i)9 18-9- 1290 , 131') , 1530 , 1600 , 16 1 0. 1350 , 1360., 18-70, S- 1-11- 110W,-13-1-10,20, 30. 48-19-40, 5,60, '0, 100), 120, 160, 1-0, 190, 2'10; .19-11.110 through 260. Parks, Recreation 14 Tourism (generally �� SI-1-10 through 90.) 51-1-60., 51-3-10;5-7-0 20, 30, 40. Patriot's Point Development Authority, 51-13-710, '75(, 7-0, 780. C-1 AERONAUTICS COMMISSJON [generally 00 55-5-30 through 290, 1976 S. C. implemented through the Commission's permiLting activities. (Note: Code of l.aws) the Resolution of Conflicts discussion In the legal nialysis section Synopsis of Authority applies to this and all other Coastal Mnnagement Program Coordination The Aeronautics Commission has direct regulatory authority sections of this appendix.) over the design, layout, location and other particulars of landing fields and landing strips for the State of South Carolina. This BIUllGET AND CONTROL BOARD (generally fi 1-11-10 through 160l.J authority also extends to air beacons, markings and other noavigational facilities for air traffic, including the operations of air schools, SYNOPSIS OF AU'rlIORITY flying clubs and airports. A certificate of approval may be issued The State Budget and Control Board fcomprisedc of the Governor, in response to a request for permission to operate or establish any the State Treasurer, the Comptroller General, the Chairman of the of the facilities mentioned above, or the reasons explaining why Senate Finance Committee, and the (:hairman of the lnouse Ways and an application is denied or conditioned most be issued to the Means Committee) has many fiscal duties unrelated to the Coastal applicant. This explanation must also include the requirements to Management Program but has several responsibilities of direct interest be met for approval to be granted. to the Program. TheSe include the authboity to issue permits for activi ties in freshwater wetlands above the critical area hoinvdry of the COASTAL MANAGEMENT PROGRAM COORDINATION coastal zone, to direct the use of vacant state-owned lands and to grant The Coastal Management Act creates a responsibility for the easements and rights of way over sulch lands for certain public commission to cooperate with the Council and to administer its purposes (roads, electricity transmission facilities, water and sewer authority in accordance with the Coastal Management Program. Section facilities.) Applications for activities in freshwater wetlands undler 8 (B) (11) of the Act requires the Council to certify that any activity the Board's control (because of their State ownership) are made lo the permitted by another State authority does not contravene the management Water Resources Commission which recommends action on sqch applicatiorn t program. Upon final approval of the management program by the Governor the Board. The Board may follow the Commission's recommendation or and General Assembly, a system of review anti certification of Aeronautics choose an alternate action. certificates hat affect the coastal zone will be implemented, which T'he Board may also lease State lands for the extraction of will facilitate the cooperative efforts of the two agencies. Any mineral resources, including oil and gas. Sllu leases are qslbject negative review by the Coastal Council wouldlavc to contain the specific to other laws of the state for the conservation of such resnuirces. basis for such a comment, so that the Aeronautics Commission might place Exclusive control and protection of the State's phosphate deposits conditions or requirements on their permit granted to any applicant. In is granted to the board, and penalties for removal of smalh deposits this way the specific policies of the coastal management program will he from the navigable streams or waters or marshes of the State without *c9t I or denial of permits for activities that affect the Stnte's enviroieuent. Iermnits a Board license incltde confiscation of the equipment involved as well as the for disposal systems and under the national pollutant discharge elimination institution of court action. system are inchlded under the Department's permittinp, autlnority. The Ie:partment Coastal Management Program Coordination also regulates the operation of facilities utsed in the processing or handlingR hlder � � 7 (A) and 8 (B) (11) of the Coastal lanagement Act, the Board of food for hlman consimption, sanitation facilities of public facilities Ihas a responsibility to insure that all of its activities and programs are and accommodations, and land-fills for refitse disposal. RIules and regulations in accord with the Coastal tanagement Program and to have applications for mnny be issued by the Department to irplement its authority. permits in the coastal zone certified by the Council. Through a coope'ltive The Oil and Gas Act, (~ 48-43-10 et. seq. of the 1976 S.C. Code), also hafs process developed trader a memorandtn of agreement, the Board and Comncil will given IIIEC certain responsibilities anti authorities with regard to developrent develop a coordinated and sinple procedure for Council review and certification and transmission of these energy resources. of permits affecting the coastal zone and will cooperate and work together Coastal Fanagement Program Coordination to carry out the policies of the legislature pertaining to all uses of coastal The Department has a responsibility to insure that all its activities resources. The Board and the Council have mutual interest in protecting and and program affecting the coastal zone are in accord with tih Coastal Ftlnagemerit conserving several natural resources in the coastal zone and can develop compatihle Program . and complementary programs. T11e memorandin of agreement between the Department and ('olulcil estahl ilhes DEPARIMINFr 01' IfEALnl ANID ENVIROllENTAL CONTROL (generally �� 48-1-10 through 350.) the cooperative interaction necessary to effectively coordinate coastal rnnagement policies with Department activities and planniug and fulfill the Synopsis of Authority agencies' responsibilities under the Coastal Management Act. Specific mnagerment The department of Environmental Control has the authority to abate, control policies may be implemented by the Department in its activities in the coastal and prevent pollution of all air and water resources of South Carolina. Standards zone. As outlined in the memorandtmi of aereement. atnolications for Ilepartmeit for air and water quality may be adopted by the Departmecnt, and riles and permits will be reviewed for certification by the Co(nwil if tie proposed regulations may he developed to maintain those standards. The Department may activity will affect the coastal zone. 'Ilhe similarity of purpqose in mally permit discharges of waste and issue enforceable orders to stop unpermitted areas and the cooperation provided by the remorandin of agreement should discharges. A general coaprehensive program for pollution control mist he allow coimplete coordination of programs and policies lbetween the Ivep:ltment developed by the Department and research and other studies are authorized to and the Council. he conducted by the Department. The Department is also charged with taking Thie (ouilcil will work very closely with the Department on water action to secure tle benefits of the Water Pollution Control Act, Federal Air pollution control programs. Specific statewide ditties of thle Iepartmelt Quality Act and other Federal acts for the people of South C~arolina. The in the wastewater and stream qumlity control area include: Department may enforce standards of environmental quality through the issuance I. :lassification of the waters of tile State based on the best ier and tihe C-3 development f criteria apropriate t these classfication',.permit that amy have water quality impiact and ymtst be issued or waived 2. Administration of two major wastewater and stream quality control Pe-'it before the Federal licensing or permitting agency issues a license or programs Mese incude a Stae Permitto CD~stnct for wstewaterpermit. The certification Insures proper treatment technology requirements treatment systems to insure proper engineering design and construction -and water (p~iality considerations. of the system, and the National pollutant Discharge Elimination System B. Act 179 of the 1977 S.C. 18eneral Assembly, tile Oli anid Gas Act, directs thle (P PS)lermit program which is, required of all dischargers and is the OePartment Of Health and Environmental Control to implIerint statewije toot to imi~lement thle treatment technology and water quality goals Of erforts for Pollution control in tile -areas of oil Rita ;cmle Other type spillq; State and Federal legislation. The administrationl of this latter Permit the development of a State contingency plan; and the permitting of certain program was delegated to D1113C by 11PA in accordance with the provisions handling facilities. This Act directed some specifically named State of the Federal Clean Water Act (Federal Water pollution Control Act). agencies and any other agency of the State to lend assistance to the 3. Monitorbig of all wastewater dischargers to determine constituents in Department of Health and Invironmental Control in this effort. discharges and to insure compliarbce with discharge limitations. Monitoring Regulations Subject to the Management Progralm of tie watrs ofthe Sate t detemine ualit and omplince wth asignedThe Department has issued several regulations which are being coordinated standards. The stream monitoring program incluiles chemical, Physical, and with the Coastal Management Program. Many or tile regulations require a permit biological assessment of the quiality of these waters. This monitoring before a" activity may be started or set out specificaitions; for procedulres program includes responsibilities for special studies in the water quality and practices for various activites. Th3ese specifications rmiqt he coordinated area. ~~~~~~~~~~~~~~~~~~~~~~with applicable coastal managerent. policies. The provisions of thfe memerTandits 4. Th Coorinatin Of ile d~eI01nt Of3 twety-yer %tae Watr q~llityof -agreement should allow a cooperative effort to acconilishi this task. Management Plan In accordance with Section 208 of the Federal Water Th1e following list presents tile title and ntfmler of Dlepartment regulations Pollution Control Act to Insure that proper prior planning is inc-luded in subject to the mnniagewmnt programn and specifies If a permit (a.) is water Pollution control, efforts. ~ ~ ~ ~ ~ ~ ~required for the activity involved. S. rbifOrceme~nt Of 311 aspects Of thle State Pollution Control Act and delegated NIVES Permits (R61-9); permit. portions of the Federal Act. IMobile liome Parks (R161-40); permit. 6. Partia delegaton of th MkiniciRI wastewter treament contructionControl of Mo~squito Produiction fil lauiokindet Waters% (161 -45); 6. Partial dlegation ofthe o~uiicial wastewatr treatmentconatrectio and specificqtions,. grants program. Thlis program involves 7S percent Jfederal (1-TA) funding lIndividual Waqte Di-posal Systems (1161-56), spocifications. for thle planning, design, and construction of nImaiciPRl wastfewater treatment Suibdivisioni Water Sulpply sakd Waste D~isposal Systems (R61-S71; sy~tems. and thle development of a mulnicipal construction grou~ts uroicet specifications and permits. priority list to distribute funding along thle available projects. Milled or shredded Refuse Disposal Sites%1615) specifications. 7. Certification unader Section 401 of the Federal Water pollution Control Act. Air Pollution Control (1161-62.1); specifications. Thils certification is required for applicants for a Federal license Or C , Air Pollution Control Standards (R61-62.6); specifications. Industrial Waste Disposal Sites and Facilities (R61-66); permit Synopsis of Authority and specifications. One of the main functions of the South Carolina Highway Department Water Classification Standards System (R61-68); specifications. is the systematic planning, construction, maintenance and operation of Stream Classifications (R61-69); specifications (list), the State's highway system. The legislature has granted the Depart- peSanrmitary and specifill Design, Construction and Operation R1 ment the authority to acquire land necessary to construct highways, permit and specification. to obtain building materials (usually from "borrow pits") for high- FOESIRY C4ISSION (generally �� 48-23 10 through 290.) ways and to correct drainage problems created by highway construc- tion. This authority includes the power to condemn land under certain Synopsis of Authority The South Carolina Forestry Commission is charged with the management of procedures when deemed necessary by the Department. The Department State forests and woodlands and with advising and cooperating with private land may issue a permit to allow trenches, pipes or other facilities to owners in the promotion of forest management practices. A central purpose of cross State highways. In addition to the State highway system, the Commission is the prevention, control, and extinguishing of forest fires. the Department may build roads from a State highway to public The Commission may take such action and afford suth organized ieens as may landings owned by a county, and to and through State parks, and may be necessary to carry out this purpose. The commission may purchase, be provide access to areas under the management of the Wildlife and given or otherwise acquire forest lands for timber production, demonstration Marine Resources Department. These roads may be built only through of forestry practices, erosion and flood prevention, game sanctuaries and agreement with or with the consent of the agency or county involved. general recreation. Lands may also be acquired through agreements with Federalso authorized or State agencies. State forest land may he controlled by the Commnission through to build access roads to State ports facilities, airports and other major commercial transportation facilities. The Department is rules and regulations. also charged with the research of methods to fight erosion and Coastal iManagement Program Coordination Coastal Management Pro~gram Coordination |devising such means as will stop the erosion of the shoreline of The Forestry Commission has a responsibility to insure the State. in the coastal zone are in accord with the policies of the Coastal Management Program and t ,-ooperate with the Council in the enforcement of the Coastal Management Program Coordination Management Act. Developed under a memorandumi of agreement coordination of Cooperation in the planning activities of the Department and Commission and Council programs will allow the implementation of coastal the Council is the lest way to implement the coastal management management policies in the management of State forests and insure the policies for the use of coastal resources. The memorandum of agree- compatibility and mitual support of these programs. ment betweeln the Department and the ('oullc i will allow such cooperation DE'PAR'IMENT OF HIGHWAYS AND PUBLIC TRPAiSPORTATION (generally h 57-3-10 through 50.) by creating a review process for certi ficat ion of Department permits C-5 by the Council and outlining each agency's responsibilities in through a cooperative process created under a memorandum of agreement implementing the Coastal Management Program. The Department's insures their compatibility and mutual support. erosion control activities are also coordinated with the approved coastal management policies through the cooperative process developed Regulations Subject to the Management Program, fR9-1 through 21, 1976 S.C. Code of Laws.) under the memorandum of agreement. The rules and regulations of the Institute specify how salvage operations shall be permitted and provide for licenses for searches INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY (created by �� 60-13-210; and generally �� 54-7-Z10 through zBU} of particular underwater areas and for "hobbv" dives or intermittent search or salvage operations requiring minimal experience and equipment. The Institute has prohibited salvage operations, as Synopsis of Authority defined in the regulations, without a license from the Institute, The South Carolina Institute of Archeology and Anthropology is and the regulations specify that licenses will not be granted for designated by the legislature as the custodian of shipwrecks, removal of any submerged antiquities which can be preserved or may vessels, cargoes, tackle and other underwater archeological arti- be used in research by the State. The removal of submerged antiquities facts in the State's waters. Rules and regulations may be promul- that are of primary scientific value will also not be licensed. gated by the Institute to govern the salvaging and preservation of Licenses issued by the Institute may not be assigned or sublet. such artifacts. The institute must consider applications for The regulations also require full compliance with all normal safety permits from any person desiring to conduct any salvage operations rules and exempt the State from liability for anl- injuries in any at archeological sites, and may issue permits if the salvage opera- way connected with an Institute license. In general the regulations tions are found to be in the best interests of the State. The Institute may condition the permits it issues to protect the interests clarify the licensing procedure and do not specify recommended of the State in its underwater artifacts. practices or methods. The review and certification process of the of the State in its underwater artifacts. Coastal Council for Institute applications for licensee may acsist the Coastal Management Program Coordination Institute in implementing specific coastal management policies. Section 7 (A) of the Coastal Management Act creates s responsibility Council recommendations for specific practices based on such for the Institute to cooperate with the Council and to administer its policies may become the conditions under which the Insititut grants a license. authority in accordance with the Coastal Management Program. Ulnder Section 8 (B) (11) of the Act the Council must certify that any LAND RESOURCFS CONSERVATION COMMISSION (generally ~v 48-9-211 through activity permitted by the Institute does not contravene coastal __ management policies. Coordination of programs and activities * . C-* / Synopsis of Authority I contaminants and disposal of mining refuse. In addition the The Land Resources Conservation Commission is responsible for applicant must supply a performance bond or other security to the implementing the South Carolina Mining Act; the Dams and Resevoir Commission. The Commission may condition its permits or modify Safety Act; for guiding and coordinating the activities of soil and water i them from time to time as long as the reclamation plan meets conservation districts; for coordinating comprehensive conservation certain guidelines, some of which were mentioned above. In additon, the plans for environmental improvement on all lands owned or controlled reclamation plan must be implemented within two years of the termination by the State; for developing and coordinating a flood plain inventory and of mining in a permitted area unless specifically extended by the guidelines for the conservation, protection and use of flood plain Commission (or the Department of Mining and Reclamation thereunder). lands, excluding marsh and tidelands; for developing a statewide in- The Commission's authority does not apply to Highway Department horrow ventory of lands available in rural areas for recreational use pits, rights of way or other activities supporting the construction and guidelines for the conservation and use of such lands; for and maintenance of the State highway system; the Highwav Department being an informational and guidance resource to local governments I has filed a general reclamation plan for such activities with the and developers about policies and procedures for adequate erosion and Commission which has approved the practices and standards of the sediment control programs and practices. The soil and water con- plan. Also exempt from the Commission's authority are persons servation districts are not under any enforcement authority of the mining Federal lands with a valid Federal permit from the U.S. Forest Commission for developing or implementing regulations or other land Service or the Bureau of Land Management. Appeals of Commission use controls except as they may be governed by the Mining Act or permit decisions may be taken to the Mining Council. formed under other legislation applicable to all other agencies as well. The the Interstate Mining Compact, as well Is to the circuit couirt. Commission may coordinate the programs of the districts so far as this may be done by advice and consultation. Coastal Management Program Coordination The Dams and Resevoir Safety Act requires the Commission to The Commission has a responsibility to keep its members and permit and inspect dams to insure their safety. Under the Mining staff informed about official State coastal management policies Act, the ( mmission may issue permits for mining operations. In and tn insure that all its activities and programs are in accord order to i :eive a permit an applicant must provide a reclamation with the comprehensive coastal management program. Through : plan that includes proposed practices to protect adjacent lands, cooperative process developed under a memorntdus of agreement. the specifications for surface slope and contnurs adequate for the (ommicsion fill help coordinate the nct\'itie, and programs of the proposed use of the land after reclamation, methods of protection soil and water conservation districts in the coastal zone with the of wildlife in or adjacent to the area, method of complying with State air and water pollution laws, and methods of controlling C-7 coastal management program policies. Working within the memorandum habitable structures satisfactory to the Department. Lease, may of agreement the Commission and the Council will develop a coordinated be conditioned to insure the proper use of the leased area. The and simplified procedure for Council review and certification of per- Department may also build streets and roads and a water supply system mits affecting the coastal zone and for the establishment of certain within the designated residential area. soil and water conservation practices in critical areas. The Commission and the Council have mutual concerns about the conservation of soil Coastal Management Program Coordination and natural resources of the Coastal zone and with the cooperation of the The Commission and Department have a responsibility to cooperate Commission, the local conservation districts and the Council, the pro- with the Council in order to coordinate their respective activities gram, when developed, will be compatible and mutually supporting. along the coast. The cooperative process formed by the .emorandum of agreement between the Commission and Council will insure the coordination PARKS, RECREATION, AND _TOURISM (generally � 51-I- through F90) oof p olicies in planning and prolect activities and alIo. the ,ommiSsion PARKS, RECREATION, AND TOURISM gnrly ~5- 0 hog 0 and Department to implement applicable state coastal management policies Synopsis of Authorit)L through their activities in the coastal :one. The Commici-on and The State Parks, Recreation and Tourism Commission is charged Council share similar interests in the conservation of coastal resources and can coordinate and develop mutually supportive programs. with the development and maintenance of the State park system ai and an coordinate and develop mutuall supportive programs. with the development of a coordinated plan to use the natural facilities PATRIOT'S POINT DEVELOPMFNT AUTHORITY [~enerallv ~�51-13--10 and resources of the State as tourist attractions. The Commission PATRIOT'S POIT DEVELOIFT AUHORIT (enerall -1l may also plan for the preservation and perpetuation of South Carolina's through .) rich cultural heritage. Historical sites and buildings may be Synopsis of Authority acquired and maintained for the public, hut only if the Commission as o Authority of Archives and History approves the acquisition. The Department The Pat riot's Point Development Authority is granted authority of P arks, Recreation and Tourism, which ist governed by the ertCommissiont over a particular geographical area in order to develop and maintain of Parks, Recreation and Tourism, which is governed by the Commission, aNtioa aa uemo hp n prpit riat.lhe a National Naval Museum of ships and appropriate artifacts, h is specifically empowered to develop Hunting Island, in Beaufort national aal t e o ariot's Point County, as a pleasure and health resort for the citizens of South thromough the constructional and mainternationance of teaqariomts rnlc Carolina. The Department may zone the island into camping, playground exhibits, estndnten facilities, hitoric al monment and and other recreation areas, and may designate part of the island for lodexhibits, entertain ment facilimtions fo r tr ave lers i monume of thes and residential development. This area may he divided into lots thlodging and otprohe cn Athority ao ta lsv b rild porne of the r, which may be leased or rented, provided that the lease contains hp s ay als b t nise ship andany nd al acilities necessary for the convenient e suitable covenants requiring the lessee to erect and maintain C-8 *� 0 and development of Patriot's Point. Dredging, building bridges, condemnation or otherwise for development of the Cooper and Santee roads and marlnas are included under the Authority's authorized Rivers, including lands or rights necessary for facilities useful activities. The eminent domain power granted the Authority in the manufacture and distribution of electric power. The Authority includes the ability to condemn land devoted to public use; thile may also divert waters from the Santee to the Cooper River by means eminent domain power and all of the Authority's powers are limited of a canal or otherwise. Diversions of water from the Sampit River, to the geographical area of Patriot's Point. (S 51-13-75%,ontains Penny Royal Creek and their tributaries to Winyah Bay for electric the description of the area; principally the area incliudes IHg Island). power generation may not exceed 2,000 cubic feet of water per second each day. Diversion of water from the Santee River and its tributaries for electric power generation may not exceed 100 cubic feet per Coastal Management Program Coordination second per day. The pollution control laws of South Carolina are The Authority has a responsibility to cooperate in the administratio not saived by the authorities granted to the Public Service Authority. and enforcement of the Coastal Management Program. The memorandum of agreement between the Authority and the Council will form a cooperative Coastal Management Program Coordination process allowing coordination of Authority plans for the development The Authority has a responsibility to cooperate with of Patriot's Point with the Coastal Management Program. Policies the Council in the implementation and enforcement of the applicable to the activities and uses of coastal resources involved in Coastal Management Act. The memorandum of agreement between the the authority's plans may be implemented by the authority. The authority Authority and the Council will develop a cooperative process for and Council share mutual Interests in the coastal zone and can develop the cocrdination of Nuthority activities Kith coastal management coordinated programs in the fulfillment of their responsibilities. and to insure that Authority activiti policies and to insure that Authority activities and programs are in accord with coastal management poiicies. PUBLIC SERVIC AUTIIORITY (generally Sa 58-31-10 through ZO.) * ' PUBLIC SERVICE COMMISSION -generally �� 5S-3-10 through 220.) Synopsis of Authority The P tic Service Authority may develop the Cooper, Santee Synopsis of Nuthoritv and Congaree Rivers as instrumentalitles of interstate, intrastate The Public Service Commission has a variety of authorities, some and foreign commerce and navigation.The Authority may build and of which are not relevant to a coastal management program. Authorities operate dams, canals, reservoirs, roads, and tunnels and may produce, concerning rate structures and other regulatory authorities for the sell and distribute electric power. Swampy and flooded lands may he government of financial matters are not discussed in the synopsis. The drained by the Authority, and the watersheds of rivers of Sounth Commission has regulatory authority over electric companies and must issue Carolina may be reforested by the Authority. Lands may he acquired by C-9 a permit to them, called a certificate of public convenience and necessity process for the coordination of activities and programs and for the before constructing and operating a generating plant and distributing review and certification of Commission certificates by the Council, electricity. The requirement for such a certificate is not applicable to including certificates under the Major Utility Facility Siting extensions of existing facilities within municipalities, to extensions Act. Although the Coastal Management Act exempts those applying to an area already served by the company and necessary in the normal for such a certificate from applying for a Council permit, the course of business, or to extensions to an area adjacent to an area Act makes the Council a party to the certification proceedings. This served by the company, but which is not being served by any other allows direct Council conditioning of such certificates and electrical utility company. If some other permit is needed by a encourages cooperation between the Commission and the Council. company applying for a Commission certificate, the Commission must wait until all such other permits are received by the applicant PUBLIC RAILWAYS COMMISSION (generally e� 58-19-10 through 170.) before it may issue a certificate. The Commission may order anyone without a certificate to stop constructing or operating an electrical Synopsis of Authority generating plant. Major utility facilities are regulated by the The Public Railways Commission may acquire land, by condemnation Commission under the Major Utility Facility Siting Act (� 58-33-110 or otherwise, to construct, equip and operate railroads, including et seq.). A certificate under that Act must be obtained before anyone connecting, switching, terminal or other railroads. All necessary may construct a major utility facility, unless the facility is a structures, such as bridges, road beds and stations, mar be built hydroelectric generating facility permitted by the Federal Power by the Commission. The Commission may also operate, maintain and Commission. Such certificates, even if issued on an emergency basis, control the tracks and equipment transferred to it by the Ports may be conditioned as appropriate to lessen adverse environmental impacts. authority. Rights of way may be acquired by the Commission Dr any The Commission may issue a certificate for a major utility facility if railroad company for streams or highway changes needed because of there is reasonable assurance that the facility will conform to applicable railraod construction, borrow pits, deep cuts, and the like. The State and local laws and regulations. Commission and any railroad company may construct, relocate or straigten its tracks and build embankments to avoid trestles or bridges. Additional terminals or other facilities may also be constructed as Coastal Management Program Coordination The Commission has a responsibility to cooperate with the Council needed. and to insure that its activities and programs are in accord with state coastal management policies. The memorandum of agreement Coastal Management Program Coordination between the Commission and Council will develop a cooperative The Coastal Management Act creates a responsibility for the Commission to exercise its authority in the coastal zone in accordance c-l1 0 with the Coastal Management Program. The coordination of Commission or establish parks or recreation facilities and all necessary activities with coastal management policies will be the result of appurtenances for their operation; to take whatever steps deemed the cooperative efforts of each agency, as outlined in the mem- necessary to prevent soil erosion and floods; to condemn or other- orandum of agreement between the Commission and the Council. wise acquire property, wa.ter rights, easements or other property rights necessary in carrying out any of the powers granted to the STATE DEVELOPMENT BOARD (generally' 00 13-3-10 through 120.) Board. The method of condemnation used by the Board is that used by the Highway Department. Synopsis of Authority The State Development Board is a State planning and coordination Coastal Management Program Coordination agency that has been granted broad powers to enable it to work The Board has a responsibility under the Coastal Management Act towards improving the trade, commerce and employment opportunities to exercise its authority in accordance with the policies of the of the State. Some of the Board's responsibilities include: the Coastal Management Program. Cooperation in the planning activities promotion of a system of transportation for the State through of both agencies will insure that approved coastal management policies development and expansion of highways, railroads, ports, water- are implemented by the Board in its development projects. The mem- ways and airports; the promotion of coordination of the activities orandum of agreement between the Board and the Council will provide of State agencies with local and Federal agencies: the promotion the process to allow the coordination and cooperation necessary to of industrial development, agriculture private business, commercial effectively implement the state coastal management policies in the enterprises and the use and investment of capital within the State. Board's planning activities and projects. In this Jay the specific In addition, the Board must cooperate with the operating agencies policies of the management program may be used in the exercise 9f of the State in the development of plans with which each agency is particular related authorized activities of the Board, concerned; the Board must also cooperate with local, regional and Federal planning and development programs. STATE HOUSING AUTHORITY (generally ~� 31-3-110 through 150.) Mor ;pecific authority granted to the Board includes the following Authorized activities: To build or acquire powerhouses Synopsis of Authority and means :or the distribution of electricity (provided none is sold The State Housing Authority is authorized to operate in all to the public); to build or acquire railroads, roads and highways, the counties of the State. The Authority may investigate the lakes, dams, reservoirs, ditches, tunnels, bridges or other means living and housing conditions in the State and make recommendations or ways of commerce or transportation or communication (provided to local authorities to improve conditions it finds substandard no telegraphic or telephone service is sold to the public); to build or unsanitary. Land may be acquired by eminent domain or otherwise C-Il for the construction of housing projects and necessary support Synopsis of Authority facilities or commercial and community facilities incidental to The State Ports Authority may develop, equip, maintain and the projects. If such projects or reconstruction or other projects operate the harbors and seaports within South Carolina, namely are deemed necessary by the Authority in an area under the juris- Charleston, Georgetown, the Savannah River, and Port Royal. The diction of a local housing authority, the local authority has sixtq Authority may also develop facilities incidental to the ports such days to adopt the Authority's recommendations. If the local as other transportation terminals, roads, and bridges. Property may authority does not adopt the recommendations, the State Authority may, be acquried through condemnation or other means for these purposes, with the permission of the county or municipal government involved. including lands already devoted to public use. Warehouses, wharves, institute and develop the project itself. All projects, whether piers, and any other facilities necessary for the convenient use of a Local or State Housing Authority, shall be subject to the of the ports may be built and operated by the Authority, and the planning, zoning and other laws, ordinances and regulations Authority may also acquire land for airports, naval bases. sea- applicable to the locality where a project is proposed. Redevelop- plane bases, causeways and railroad terminals and crossings. Swamps, ment projects are authorized under the same authorities and in the bottoms of streams, lakes, rivers, bays, the sea and other waters same manner as other projects, except that the permission of the of the State may be taken, occupied and used exclusively by the county or municipal governing body must be obtained before the Authority. The use of such lands specifically includes the re- project mar be started. moval from or placing of material on any such lands. The Authority may set a boundary line in the Charleston bay. harbor and their Coastal Management Program Coordination tributaries to prevent the construction of wharves and docks which The Authority has a responsibility created by Section 7 (A) would harm such waters. Unless State legislation grants authority to cooperate in the implementation of the Coastal Management Act. to do so, no one may erect a dock or wharf on such waters around The policies of the management program can be implemented by the Charleston without first obtaining a permit from the Authority Authority in the planning and development of its protects in the The Authoritv may make regulations, not repugnant to the laws of coastal zcne. Coordination of programs can be facilitated bv a the land, for the government of vessels and the protection of the memorandum of agreement, if necessary, to insure that Authority harbors, bays and tributaries near Charleston Dredged or ex- activities are in accord with the Coastal Management Program. cavated material may be placed only where the Authority designates for the bay and harbor of Charleston. STATE PORTS AUTHORITY (generally �� 54-3-10 through 40.) C-12 0 Coastal Management Program Coordination or which impairs or threatens to impair the renewal of such water. The official State policies of the coastal management program Capacity use areas may be regulated by the Commission, and regulations may be implemented through the planning, construction and operation for such areas may include provisions requiring the reporting of activities of the Ports Authority. The Authority has a responsibility the quantity of use of groundwater, requiring the timing of with- created by the Coastal Management Act to insure that its activities drawals, requiring certain well depths and spacing controls, es- are in accord with the Coastal Management Program. In addition, the tablishing maximum pumping rates, and to protect against saltwater Authority must submit for approval to the Council a management encroachment. Such regulations may be made final and effective plan for port and harbor facilities and navigation channels. The after a public hearing in the area to be governed by the regulations. coordination of coastal management policies with the Authority and A permit from the Commission is required for any groundwater user who its plans and activities will be based on a cooperative process uses at least 100,000 gallons per day in a capacity use area fup developed in the formation of such plans for port and harbor to six months after such designation is removed). If the effect facilities and through the memorandum of agreement between the of such water use is contrary to the public interest, the Commission Authority and the Council. Specific policies may also be implemented may deny the application for a permit. The Commission may condition through the Council's review and certification process, developed or modify a permit to conform to the regulations for the area. under the memorandum, for applications for Authority permits to Individual domestic water uses are not subject to the regulations. construct docks and wharves. The Commission also implements the South Carolina Scenic Rivers Act ({� S1-5-10 through 170). Comprehensive water and land use WATER RESOURCES COMMISSION (generally 4 49-3-10 through 50.) plans for scenic rivers must be formulated by the Commission, and such plans must conform to the State water resources plan as developed by the Commission. For each of the three classes of The Water Resources Commission must advise the Governor and scenic rivers, the primary emphasis of the plans shall be the General Assembly in developing comprehensive water resource policies protection of asethetic, historic, scenic and wildlife values. for the -tate and may conduct studies to help in the development The land and water of rivers that qualifies as scenic rivers may be of such policies. The Commission has limited regulatory authority donated to the Budget and Control Board with the consent of the dovennateod tof the coudgtadCntro oadwther the landsen locaed The over the -3e of groundwater under the Groundwater Use Act. Upon the aageverntilns deeopd y ofthe comisount fhere scendislcated.ers request of a political subdivision of the State, the Commission may declare certain areas to be capacity use areas. The Commission must must balance the right of riparian owners to use their land for find that aggregate uses of groundwater in an area have developed customary purposes (which vary for Class 11 and [11 rivers) and or threaten to develop to a degree which requires coordination the protection of the values which allowed the river to be designated C-1 3 a scenic river. No scenic area shall be managed in a manner that conducts research in wildlife management and in marine ecology would cause the area to fall into a less restrictive class. The and shellfish propagation. The Commission may lease to any State Wildlife and Marine Resources Department and the Forestry Commission resident portions of the bottoms owned or controlled by the State must cooperate in the enforcement of the provisions of the Scenic for commercial shellfish cultures, provided that no more than an Rivers Act. Scenic rivers are also declared to be State parks aggregate of 1,000 acres be leased to any one person for a period and wildlife refuges. If there is a conflict in the rules and not to exceed five years. Leases to residents for non-commercial regulations governing such areas, the more restrictive provisions shellfish cultures are limited to two acres for five-year renewable will apply. terms. The dredging, scooping or scraping of shellfish in less The Oil and Gas Act has also given the Commission certain than 12 feet of water must be permitted by the Department. The responsibilities that affect the coastal :one. Department may also designate and keep open up to 30 acres per county of oyster bottoms for the residents of the State to use to Coastal Mlanagement Program Coordination gather oysters for their personal use. The Commission has a responsibility to administer its programs in the coastal zone in accordance with the Coastal Management Program. Coastal Management Program Coordination Applications for Commission permits will be reviewed for cer- The Wildlife and Marine Resources Commission and Department tification by the Council and specific coastal management have a responsibility to cooperate in the enforcement and policies will be coordinated with Commission activities through the administration of the Coastal Management Program. Coastal lanage- cooperative process developed under the memorandum of agreement ment policies -mav be implemented in Commission activities in the between the Commission and the Council. Cooperative planning under coastal zone. The memorandum of agreement between the Cammission the memorandum of agreement should insure that coastal water re- and the Council forms a cooperative process to allow, the coordina- sources will be managed according to the applicable management tion of management policies with Commission activities and planning. program policies. The Commission and Council have similar interests in conserving coastal resources and can develop coordinated and mutually supportive WILDLIFE AND MARINE RESOURCES COMMISSION (generallv RS 50-3-10 through 120.) programs. Synopsis of Authority The Wildlife and Marine Resources Commission and the Department it governs are charged with the management, protection and promotion of the wildlife resources of South Carolina. The Department also ,.b Legal Authority Citations (1976 S. C. Code of Laws) for South Carolina Coastal Council Activities Subject to Management by State Agency Residential developments - Sections 48-39-80 lB)(11, 130;R30-11 **R30-12 Ports - Sections 48-39-110, 130 South Carolina Aeronautics Commission Roads and highways - Sections 48-39-80 (B)(11), 130; R30-11; R30-12 Airports - Section SS-5-120 Airports - Sections 48-39-80 (B)(11), 130; R30-11; R30-12 South Carolina Institute of Archeology and Anthropology Railways - Sections 48-39-80 (B)(l1), 130; 3-l, R30-11, -1 Residential developments - Sections 1-11-70,80,90 Residential developments - Sections 1l11-70,80,90 Parking facilities - Sections 48-39-80(B)(11),130; R30-11:R30-12 Ports - Section 1-11-70 Agriculture - Sections 48-39-80 (B](11), 130; R30-11 Roads and Highways - Section 1-11-90 Forestry - Sections 48-39-80(B)(ll), 130; R30-11 Airports - Section 1-11-70 Mining - Sections 48-39-80 (B)(11), 130; R30-ll1;R30-12 Railways - Section 1-11-80 SManufacturing - Sections 48-39-$0(BJ(lPt, 130; R30-11; R30-12 Parking facilities - Section 1-11-70 Aquaculture - Sections 48-39-30(B(11), 130, R30-11; R30-1Z ,Mining - Sections 10-9-130, lSO Mining - Sections 10-9-130, 130 Fish and seafood processing - Sections 48-39-80(B)(l1),130;R30-11; R30-12 ,anufacturing - Section 1-11--0 Commercial Activities - Sections 4S-39-30(B)(11), 130, R30-11: P3O-12 .Aquaculture - Section 1-11--0 Parks - Sections 48-39-80(B)fll), 130; R30-11; R30-12 Commercial- Section 1-11-70 MSarinas - Sections 48-39-80(B)(11), 130; R30-11; R30-12 Marinas - Section 1-11-'0 Boat ramps - Sections 48-39-80 (B)(11), 130;R30-11; R30-12 Boat Ramps - Section 1-11-70 Tourist Attractions - Sections 48-39-80(B)(11),130; R30-11; R30-12 Tourist attractions - Section 1-11-70 Artificial reefs - Sections 48-39-80 (B)ll), 130;R30-ll;R30-12 Artificial reefs - Section 1-11-70 Wildlife and Fisheries management - Sections l1-39-SO(B)(11), 130;R30-ll;R30-12 Docks and Piers - Section 1-11-70 Docks and Piers - Sections 48-39-80(B)(11), 130;R30-11; R30-12 Dredging - Sectio- 1-11-70 Dredging - Sections 18-39-80fB)(11), 130; R30-11; R30-12 Dredge material disposal - Section 1-11-70 Dredge Material Disposal - Sections 18-39-80(B)(11), 130;R30-ll;R30-12 Sewage treatment - Section 48-3-140; Section 48-5-30 Underwater salvage - Sections 18-39-80 (B)(11),130; R30-11; R30-12 Solic waste disposal - Section 1-11-70 Sewage treatment - Sections 48-39-80(B)(11), 130; R30-11; R30-12 Energy - Section 1-11-80 Public/Quasi-Public Buildings - Sections 48-39-8- (B)(11),130; R30-11; R30-12 Dams and reservoirs - Sections 48-39-80 (B)(11), 130; R30-ll1;R30-12 C-15 - Sou~thCArolina DeMartMent Of Health andi ISIVlOrT,.eltda Control South Carolina Coastal Council ... continued Residential developments -Section 44-1-100; Section 44-1-140 (11); section- Water supply - Sections 4--0()(1,130; R30-11; R30-12 Bulkheads, seawalls, revetments - Sections 48-3-9-0(B)f 11) 130; R30-11; R30-13 4 4 S-1thog70;ecin44S62.9;R19 1140 Jetties and Groins - Sections 483-0B(l,130; R30-11; R30-13 Breakwaters - Sections .83-0B(l,130; R30-1l; RZ30-13 Renourshment- Sectons 4839-80B)(11) 130;R0-11; 30-13Parking facilities - Section 48-1-40; -section 43-1-90 (a); R61-9 Energy activities - Sections 48-39-80 (B)(l1), 130; P30-11; R30-12; R30-13 Ihaufacturing - Section 48-1-40; Section 411-1-140; 1461-62; R61-62.1; R61-6Z.6; 1461-66 :'(South Carolina Coastal Council Regulatons citations are to the Final Rules Aquaculture - Section 44-1-140(S). R161-47 and Regulations for Permitting in Critical Areas of the Coastal Zone", ,Pla 29, 1978). Fish mid Seafood processing - Section 44110() 61-47 Commercial - Sections 44-1-140(Z), (11); Section 48-1-40; SectIon 48-1-140; R61-Z5; R461-41; 1461-62 Tourist attractions - Section 44-1-140; Section 43-1-40(7); R461-9; 1461-62 Sewage tretatment - Section 44-1-140; Section 44-55-1410; SectIons 48-1-90(a), 1130, 110; Sections 48-3-60, 140; Sections 48-S-20; 1161-9; R61-S6; R61-57 Solid waste disposal - Section 44-1-140(11); R461-59; R61-60; R61-61; 1461-70 itublic/Qjasi-Public uilidings - Section 44-1-140(l1); Sections 48-1-100, 110; R61-9; R61-62 Wtater supply - Section 44-55-40 Sot4101_ftetn Iiyeelogaeent Board Roads told Highwtays - Section 13-3-20(3I); Se-clIon 13-3-100 (4) (d) Airports - Section 13-3-210(3); Section 13-3-19004) (d) Railways - Section 13-3-20(3); Sections 13-3-100(4) (c), (d). (e) C-16 Parks - section 13-3-100(4) (h) ~ ~ ~ ~ ~ ~South Carolina Public Service Authority Dredging - Sections 13-3-40.50; Sections 13-3-320,331 DMM MAn Reservoirs - Section 58-31-30(s) finergy - Sectiotis 13-3-100 (4) (c), (d) Energy - Sections 58-31-30(7),(8) South Carolina F o r e s t r y Commission ~~~~~South Carolina Public Service Commission J;orestry - Sections 48-23-80.90,120,200 Iriergy - Section 58-27-1230; Section 58-11-110 SOUnLit Carolinla Department of Ifighiways MAn Public Transportation South Carolina State Iliuising Authority Roads and Highways - Sections 57-3-10, 610. Section 57-S-1330Rsdetldeeoets-Scin3314 Bulkheads, seawalls. revetments - Section 57-3-40 South Carolina State Ports Authority Jetties and groins - Section 57-3-40 Ports - Sections 54-3-110, 130. 140 Breakwaters - Section 57-3-40 Docks and Piers - Section S4-3-620 Retiourishment - Section 57-3-40 Bulkheads, Seawalls, Revetmeants - Section 54-3-610 South Carolina Land Resources Conservation Cowinssion. Breakwaters - Section 54-3-130(9) Agriculture - Section 48-9-1270(9); Sections 48-9-1510, 1570SutCroiaWerRsrcsCiio Mining ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~othCrln -ae Restion c48-19-40o Mining - Section 48-19-4 0 ~~~~~~~~~~Wildlife and fisheries managemeist - Sections 51-5-60, 100 Dam~s and Reservoirs - Sections 49-11-200, 210, 240 Water supply - Sections 49-5-40,50,60,70 South Caol ma lkartmeatof Parks* Recretion andTourismSouth Carolina Wildlife and Marine Resources Departmient Parks - Sections 511 [() f); Sections 51-3-10.80 lourist Attractions - Section 51-1-60(c) ~~Ailtaculture - Sections 50-5-20,50; Sections 50-15-50; Section 50-17-710 PijbI~c/(.)asi-Pobl~c Buildings - Section 5116()Artificial reefs - Section 50-3-90 Patrait's Point Develtoouut Authority Wildlife and fisheries management - Section 50-3-100; Section 50-11-26110; 'le authority's jurisdiction covers Hog slsand in Charlestoni Harbor. Set Section 51-5-140 Sec~tions SI5-13-710 through 850. Souith Carolina nublic Railways Conmission Railways - Section 58-19-30 C-17 Appendix D 1EBURAN])A OF AGREEMENI D- 1 THAT, this agreement will be the basis for negotiating future agreements should that become desirable in order to further the agencies' mutual concerns in MPlRAND OF AGREDEHENT the coastal zone and; BEIWEEN THAT, the Commission and the Council shall cooperate and work together to SrUTH CAROLINA A.ERAUrICS CCMMISSION implement and enforce the policies of the General Assembly and the aporoved coastal AND management program pertaining to all uses of coastal resources, including SCmTH CAROLINA CDASTAL CCUNCIL conservation, enhancement, protection, and development and; TFAT, the Council will provide for the Commission's participation in the development and implementation of the coastal management program and that the ,IHHEAS, The South Carolina Aeronautics Commission (Commission) has Comcmission may recommend ether participants to the Council and: been grated authority to supervise and control airports, landing fields, land- THAT, this agreement shall remain effective as long as each agenc; maintains ing strips, air beacons and all other air navigation facilities, and; any program of mutual concern affecting the coastal zone, and shall terminate only iHEEREAS, the Commission has an interest in the development of aviation if stuperceded by a future memorandum of agreement or by mutual agreement -when there and aviation facilities in this State, and; are no longer any programs of mutual concern to both agencies. This orovisicn ;1E1t}ES, the South Carolina Coastal Council (Council) is respornsible for appunlies to each paragraph of this agreement as well as to the agreement as a hevelooing and implementing a comprehensive coastal management program as whole. Each agencv shall annually review this agreemenr to determine aroropriate .-idated by Act 123 of the 1977 legislature, and; and desirable alterations and amendments. NiEBTaS, the Ccuncil regulates tie use of critical areas cf the zoastal This agreement shall take effect Luon the signature cf -he desi5.ated zcne t--rough a permit program, and; officials below. ;Wl.U:ES, Section 7(A' of the Act mandates that all state agercies zoorerate / in the administration and enforcement of the Act, and Section 5(N) authorizes the _ . c - - Chairman,. S. C. Aernautics r ma S. -C. coastalnCil Council to encourage and promote such cocperaticn, Cormissicn / Th, commission and the Council Hereby Agree: / Sail TIAT, in order to coordinate each agency's efforts in .ntual areas rf .ate Date concern, the CcmTissien and Council will designate representatives to act as the crimarz liasons between these agencies. and: D-2 Memorandu. of Agreement comprehensive coastal management program as mandatei by the Act and; Between hIrEPUEMS, the Act mandates that all State (and local) agencies South Carolina Budget and Control Board cooperate in the administration and enforcement of the Act and authorizes and the Council to encourage and promote such cooperation; South Carolina Coastal Council THE BOARD AND THE COJ.1'IL AGREE WHEREAS, the South Carolina Budget and Control Board (Board) has 1. TTLIT, in order to coordinate each aeencv's efforts In mitial been granted authority over the vacant lands of the State and over all lands areas of concern, the Board and the Council will designate representatives purchased by the former land commissioners of the State and: to act as the primary liaisons between these agencies and: 10AERAESS, the Board has been granted authority over all of the 2. lHAT, this agreement will be the basis for negotiating further phosphate deposits in the navigable streams and marshes of the State and; agreements should that become desirable in order to further the agencies' IWHEREAS, the Board has been granted authority to lease any State -mitual concerns in the coastal zone and; lands for the purpose of drilling for and Droducing oil and gas and; 3. THAT, the Board and the Council shall cooperate and 'ork to- WHEREAS, the Board has been granted authority to grant easements gether to implement and enforce the policies of the General Assemblv and the and rights of way over, on or under vacant lands and marshlands owned by approved coastal management program pertaining to all uses of coastal re- the State to any person for the construction of pipelines, power lines, wafter sources, including conservation. enhancement, protection. ard development and sewer lines, and railroad facilities and to grant to agencies and po!itical and: subdivisions of the State easements and rights of wat oxer or throuch any 1. MlAr, tile Foard and the Council ,ill w-or together to develep a marshlands of the State for the construction of reods. streets, and hlghi;ays coordination of mappine activities and information in the coastal :one .nd; or power or pine lines and, 5. THtT, in accordance with the provisions of soctillnn - (:I and q (B) IHEPE.AS, The Board is the state agency which rpermits all saters and (111 of the Act, the Board and Council will establish a process f.:r the lands up to the ordinary high water mark outside of the critical areas of the Council to revier and to certify applications for Board permits in the coastal Coastal Zone. zone: if the '.ouncil intorms tile Poard that a proe;osal ould contravene the tIIUMREX\S. the South Car"lina Coastal Council (Ccmncil) i' re-rons;hlc miniagement plim, a Board pernit for the proeict :ill he denied or held in abeyance for developing and implementing a regl.ltor ' permit or-ran for the crltical until such tune as the obhjections of the Colincil con he resolved. areas of the coastal zone of South Carolina as mandated by A-ct 1I3 of the 1"'77 e. TM , the Board and ouncil fill cstabhllh a process for Roard South Carolina General Assembly fthe Act) and; revelew and comment on Couincll !es imit r.o plicnt-it in accordarce with the IHERD\S, the Council is reslponsible for deteloPine ind implementine a is is provisions of section 14 (C) of the Act; if the Board objects to the such negotiations. issuance of a Council permit, then a hearing established by the Council shall I2. THAT, this agreement shall remain effective as long as each be given the Board prior to the issuance of any Council permit. After a agency maintains any program of mutual concern affecting the coastal znnc, hearing, if the Council determines it shall issue its permit over the agency aintains any progra of utual concern affecting the coastal and shall terminate only if superceded by a future memeorandtrn of agreement Board's objection. then such permit shall specifically state the Board's or by mutual agreement when there are no longer any rroorams of rmltuai objection. concern to both agencies. This provision applies to each paragraph of this 7. 1THT, the Council will provide for the Board's participation agreement as well as to the agreement as a whole. Each agency shall annuailiv in the development and implementation of the Coastal lanagement Program and review this agreement to determine appropriate and desirable alterations and that the Board may reconmend other participants to the Council; amendments. S. THAT, the critical areas delineated by the Council pursuant to This agreement shall take effect unon the signature of *hoe Jesi.at- its statutory authority shall be recognized by the Board as the area of ed officials below. direct permitting authority of the Council; 9. THAT, copies of all applications made to the Council wshich contain any claim of title to properties below the mean high water mark shall be forarded to the Board's representative with any accop.anving doctments or information available to the Council with reference to such claim. Il/ t/ I!\lE DA\tF / / 1ii. THAT, in specific cases where the Board objects to the issuanceE , /l-th Carolina Budget and Control of a Council permit on the grounds that the proposed ,,ork of the anplizant ro would inmair or destroy the State's ability to assert its claim of title to k2'f i . Coa/}al : oi an! prorerty. then the Council shall deny such permit, nr in the alternative. reqltuire the applicant to furnish to the Council such document, as it Max , dL I necessary to consider the obiections of the PoaiJ. incluliln diecn-ents of / / olre-r-Ship, prior to the issuance of any permit. t 11. tV\r, when an applicant for a ,,erait ilso desires to negotiate / for the lease, use, or purchase of State owned orepert; in coilcztiotn :ith ,- . , - the proposed work to be accomplished under such permit, the Council shall refer such applicant to the Division of General Services of the Board for D-4 Mmorandum of Agreement primary liaisons between these agencies and; between THAT, this agreement will be the basis for negotiating further agree- South Carolina Development Board ments should that become desirable in order to further the agencies' mutual and concerns in the coastal zone and; South Carolina Coastal Council THAT, the Board and the Council shall cooperate and work together to EAS, the State Development Board (oard) is to promote the coordina- implement and enforce the policies of the General Assembly and the approved YHEREAS, the State Development Board (Beard) is to promote the coordina- coastal management program pertaining to all uses of coastal resources, includ- tion of the functions and activities of the various agencies of the State and; ing censercation, enhancement, protection, and development and; WZEREAS, the Board is to cooperate with the operating agencies of t, ing conservation, enhancement, protection, and development and; 11HAT, the Council will proudide for a review process of the ,mange- State in the development of plans with which each agency is concerned to insure, the Council will provide for a review process of the manage- * . . ~~~~~~~~~~~~~~~~ment program and its alterations that involves interested citizens as well as the correlation of such plans into a master plan designed to consider the natural, ent program and its alterations that involves interested citizens as well as - ~~~~~~~~~~~~~~~~~~~~~local, regional, state, and federal agencies and; physical, social and economic needs of the State and; local, regional, state, and federal agencies and; THAT, the Board and the Council will work together to coordinate their Wr'ERE.S, the Board is to promote and encourage industrial development, - . . ~~~~~~~~~~~~~~~~~~~planning activities in the coastal -'one to avoid duplication and; private business and commercial enterprise, agricultural production, trans- planning activities in the coastal zone to avoid duplication and; - . TH~~~~~~~~~~~~~~~~~~~~~/AT, the Board and the Council will ha~rk together to develop a portation and the utilization of capital within the State and; HAT, the Board and the Council will work together to develop a system of coordination for mapping activities and data collection in the coastal ;FEHEAS, the South Carolina Coastal Council (Council) is responsible zone and; for developing and implementing a regulatory permit program for the critical one and TRAT, this agreement shall remain effective as long as each agency areas of the coastal zone as mandated by Act 123 of the 1977 South Carolina maintains an), program of mutual concern affecting the coastal zone, and shall General Assembly (the Act) and; IWTEREAS, the Council is responsible for developing and implementing terminate only if superceded by a future memorandum of agreement or b mtual a comprehensive coastal management program as mandated by the Act, and; agreement when there are no longer any programs of mutual concern to both agencies. a comprehensive coastal management program as mandated by the Act, and; This provision applies to each paragraph of this agreement as well as to the Il-IEREAS, the Act mandates that all State (and local) agencies cooperate in the administration and enforcement of the Act and authories the Council to agreement as a whole. Each agency shall armually review this agreement to deter- in the administration and enforcement of the Act and authorizes the Council to encourage and promote such cooperation; mine appropriate and desirable alterations and amendMents. THE BOARD AND THE COUNCIL AGREE This agreement shall take effect upon the signature of the designated THAT, in order to coordinate each agency's efforts in mutual areas of official/ be / concern, the Board and the Council will designate representatives to act as the C an, S.C.tate velopent Board n . . Coastal Chaian, S.C.dbtate W-velopme-nt Board /lbimnKSC osa 6 Date ' _ D-5 Memorandum of Agreement Between stand improvement, including the use of herbicides; to advise in the use of South Carolina Coastal Council prescribed fire in the management of the forest, wildlife, recreation and other And forest resources, and; The South Carolina State Coission of Forestry WHEREAS, forested lands on which the Commission wfill be advising and The South Carolina State Commission of Forestry assisting and where silvicultural activities will be carried out will not, WHEREAS, the South Carolina State Commission of Forestry (Conmmnission) is as a general rule, be in a coastal zone "Critical Area" as defined in the as a general rule, be -in a coastal zone "Critical Area" as defined in the responsible for the formulation and implementation of forest development and law, and; management plans and for assisting private landowners in carrying out such WHEREAS, activities such as dredge and fill for forest access plans, and; will require authorization under Section 404 of the Water Pollution Control MHEREAS, the Commission is responsible for the implementation of emer- Act Amendments of 1972 (P.L. 92-500) through the United States Armr Corps of gency operations in controlling wildfires on forest lands, including the use Engineers or the state agency which is assigned portions of that auhorit, Engineers or the state agency which is assigned portions of that authority, of mechanical equipment to construct firebreaks, the use of backfires in and; fire suppression, and the use of aircraft for applying water and fire retar- I S, the South Carolina Coastal Council (Coucil) is responsible wifHREAS. the South Carolina Coastal Council (Council) is responsible dant to fuels in the path of a spreading fire and directly to the fire, and; for formulating and establishing a crprehensive coastal management program for formulating and establishing a cem-prehensive coastal management program WHEREA.S, the Commission has the responsibility of providing advice for for the coastal zone of South Carolina as set forth in the Coastal Manage- and of directing operations in protecting forest areas from insect and disease ent Act of 1977 (the Act), and; ment Act of 1977 (the Act), and; attacks, including the use of pesticides where critical situations require WHEREAS, the Council is responsible for developing and iplementing such use, and; a regulator! permit program for the critical areas of the coastal zone of IHEREAS, the Commission is charged with receiving burning notifications South Carolina as mandated by the Act, and; for persons planning to burn materials in or near woodlands in South Carolina, WHEREAS, the Council, pursuant to the Act, is to develop a system including the coastal zone, and advising on the waise use or non-use of fire to review all state and federal permit applications in the coastal zene and to review allsttanfeeapemtapiaininhecaalcead in each instance, and; to certify that these do not contravene the management plan, and; IWEREAS, the Commission is charged with the responsibility to assist IWERDS, the Council and the Commission share a common Interest andowners mn harvesting and marketing their timber crops,including the in the successful development and implementation of several programs, in the successful development and implementation of several programs, [Iacement of roads for access and transport to advise in methods of refores- including but not limited to the comprehensive water resources policy; the tation; to reconmmend the best, most efficient and most environmentally accept- coastal one program; enhancing the beneficial effects of orested lans on coastal zone program; enhancing the beneficial effects of forested lands on able way of preparing sites for tree planting and accomplishing timber the waters of South Carolina's coastal zone and the oil and gas development D-6 program; to act as the primary liaisons between these agencies; THEREFORE IT IS HEREBY AGREED THEREFORE th ISsion shEREl make everyefforTHAT, this agreement will be the basis for negotiating future THA~T, the Comamission shall make every effort to assure that there agreements that become desirable in order to further the agencies' mutual con- will be no detrimental effects on critical areas from the control of wildfires;cor in the csal cerns in the coastal zone. building of roads for forestry purposes; harvestingof timber; site preparation TtHAT, the Commission and the Council shall cooperate and work together and planting; uses of pesticides and herbicides or prescribed fire operations. to carry out the policies of the legislature pertaining to all uses of coastal THAT, the Commission's program shall include advice, information and~ e'uatin to frestlandwner, adusrs;water and the forests of the coastal area including conservation, development, and education to forest landowners, operaters and users; enhancement, protection, utilization and harvesting. THAT, the Commission shall be recognized by the Council as the This agreement shall remain in the effect as long as each agency primary state agency for assisting the Council and owners of forest land in maintains any program of mutual concern affecting the coastal zone, and the coastal area in determining the need for silvicultural activities and shall terminate only if superseded by a future memoranm of agreement or by shall terminate only if superseded by a future memorandum of agreement or by their impact on adjoining tidelands and marsh areas; their impact on adjoining tidelands and marsh areas; mutual agreement when there are no longer any programs of mutual concern to THttT, the Commission and the Council shall cooperate and work to- both agencies. This applies to the agreement as a whole and/or to each part gether to implement and enforce the policies of the General Assembly and the separately. Each agency shall annually review this agreement to determine approved coastal management program pertaining to all uses of coastal resources, appropriate and desirable alterations and amendments. appropriate and desirable alterations and amendments. including conservation, enhancement, protection, and development, and; This AGREEMENT shall take effect upon the signature of the designated THAT, the Council will provide for the Commission's participation in officials below. the development and implementation of the coastal management program and that the Commission may recommend other participants to the Council, and; A -A -' '- ./- "--K For South Carolina State Commission r South Carolina Coastal C-xi THAT, in accordance with the Act, it shall not be necessary for the of Forestry L, Commission to apply for a pe-mit to accomplish emergency orders of any duly S C rln a [- c -a-' -- - --~ appointed official of a county, municipality, or of the State,acting to Late Date protect the public health and safety, and; THAT, the normal Commission agency vehicle markings and state vehicle license tags shall be sufficient identification to meet the regis- tration and marking requirement of the Act. THAT, in order to coordinate each agency's efforts in these mutual areas of concern the Commission and the Council shall appoint representatives D-7 0 is MEMORANDUM OF AGREEHENT BETWEEN THE SOUTH CAROLINA COASTAL COUNCIL PAGE nTO AND THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONM!ENTAL CONTROL THAT, Council, in accordance with the provisions of Section 8 of the Coastal Management Act of 1977, will coordinate and cooperate with DHEC in the formulation and implementation of the coastal management progma. WHEREAS, the South Carolina Department of Health and Environmental Control, hereinafter referred to as MEC, is responsible for coordinating and/or THAT, this agreement will be the basis for negotiating future agreenents implementing numerous programs, both State and Federal, which affect the natural should that become desirable in order to further the agencies' mutual concerns resources of the State of South Carolina; and in the Coastal Zone. WHEREAS, the South Carolina Coastal Council, hereinafter referred to as THAT, DHEC and the Council pursuant to Section 7(A) of Act 123 of 1977 the Council, is responsible for providing a regulatory program for the critical will cooperate and work together to carry out the policies of the legislature areas and developing a comprehensive coastal management program for the coastal in the administration and enforcement of Act 123 of 1977 and that DHEC shall zone of South Carolina as set forth in Act 123 of 1977; and administer its authority in the Coastal Zone in accordance with the provisions of Act 123 and rules and regulations promulgated thereunder. WHEREAS, DHEC and the Council share a common interest in the succes�- ful development and implementation of many programs affecting the coastal zone; This AGREEIENT shall take effect upon the signature of the designated THEREFORE, IT IS HEREBY AGREED officials below. THAT, in order to coordinate each agency's efforts in these mutual areas of concern, DHEC and the Council will designate representatives to act as the primary liaisonsbetween these agencies; THAT, DHEC and the Council in accordance with Section 13(D)(3) of Act 123 of 1977 (Coastal M'anagement Act) till establish a mechanism for the Chairman, South Carolina Board of Health and Council to review and comment on proposed National Pollutant Discharge Elimination Environmental Control System Permits (NPDES) that will affect critical areas. THAT, in accordance with Section 8(B)(1l) of Act 123 of 1977, DHEC, and the Council will establish a mechanism for the Council to review permit applica- /A7 -/.3-F7 tions to DHEC in the coastal zone and to certify that these do not contravene the Date management plan. THAT, DHEC and the Council will establish procedures for DHEC review of Council permits issued in accordance with Section 14(C) of Act 123 of 1977 (Coastal Management Act). This procedure will include the Section 401 Certification issued by DHEC in accordance with the provisions of the Federal Water Pollution Control irman, South Carol' Loastal Council Act of 1972 (PL 92-500) and other general water quality certifications issued by DHEC. Efforts will be made to avoid duplication and streamline administrative procedures in this area. THAT, DHEC in accordance with Section 8(D) of Act 123 of 1977 (Coastal Date Manar -ent Act) will coordinate and cooperate with Council in the planning and revie~w of existing water quality standards and classifications in the coastal zone developed by DHEC in accordance with the State Pollution Control-Act and the Federal Water Pollution Control Act of 19`2 (PL 92-500). THAT, DHEC and Council (as appropriate along with other State and Federal agencies with specific areas of responsibility) will coordinate and cooperate in the prevention, control, removal, monitoring, and reimbursenent for oil spills in the Coastal Zone in accordance with the provisions of the Federal Water Pollution Control Act of 1972 (PL 92-500), the Coastal Management Act of 1977, The Stato Pollution Control Act, and the State Oil and G(as Act of 1977. D-8 MEMORANDUM OF'AGREEFENT MEMORANDUM OF AGREEMENT future agreements should that become desirable in order to BETWEEN ~~~~~BETWEEN ~further the agencies' mutual concerns in the Coastal Zone; THE SOUTH CAROLINA DEPARTMENT OF THE SOUTH CAROLINA DEPARTMENT OF THAT, the Department and the Council will cooperate and HIGHWAYS AND PUBLIC TRANSPORTATION HIGHWAYS AND PUBLIC TRANSPORTATION work together to carry out the policies of the legislature AND pertaining to all uses of coastal resources, including develop- THE SOUTH CAROLINA COASTAL COUNCIL THE SOUTH CAROLINA COASTAL COUNCIL ment, enhancement, conservation and protection; THAT, when deciding on various alternatives to a project, WHEREAS, the South Carolina Department of Highways and the Department will take into consideration the goals aend policies of Public Transportation, hereinafter referred to as the Depart- the comprehensive coastal management program, when completed; ment, is responsible for the systematic planning, construction, THAT, the Department and the Council will develop a maintenance, and operation of the State highway system; coordinated, simplified, and effective procedure for Department WHEREAS, the South Carolina Coastal Council, hereinafter review of all permit applications submitted to the Council for alterations in the critical areas of the coastal zone in referred to as the Council, is responsible for implementing for alterations in the critical areas of the coastal zone in regulatory program for the critical areas of the coast and accordance with the Coastal Management Act of 1977; developing a comprehensive coastal management program for the THAT, in the pre-planning stage for a project involvino coastal zone of the State as set forth in the Coastal Manage new or additional right-of-way partially or wholly within the coastal zone of the State as set forth in the Coastal Manage- Coastal Zone, the Department will consult ;ith the Coastal ment Act of 1977; WHEREAS, the Council is charged with the development Council in order to coordinate such project plans with the and institution of a comprehensive beach erosion control policy policies of the Coastal Management Act and with the Coastal and for issuing permits for erosion control structures; Management Plan, as approved; THAT, before application for Federal funds is made by THEREFORE, IT IS HEREBY AGREED THAT, in order to coordinate each agency's efforts in the Department for a project in the Coastal Zone, the Council these mutual areas of concern, the Department and and the will review sach project through the A-95 process. (Office of Management and Budoet Circular A-95). Council will appoint representatives to act as the primary of Management and Budet Circuar A-5). liaisons between these agencies, TIHLT, before commencing work or a project partially or THAT, this agreement wll be the basic for negotiatinq wholly within a critical area, the Department w;ill obtain all -2- -1- D-9 * i i necessary Council permits or in the alternative, Council will THAT, this agreement shall terminate only if superceded stipulate conditions with which compliance must be followed; by a future memorandum of agreement or bit mutual agreement THATthe Dpartent ad th Counil wil coperat andby a future memorandum of agreement or by mutual agreement THAT, the Department and the Council will cooperate and b between the agencies. This paragraph applies to each pare- work together to develop a general permit for certain activi- t h nis. .i aagrnet a ar graph individually as well as to the agreement as a whole. ties in the critical areas, to be issued to the Department by the Council; Recommended by: THAT, the Department will notify the Council before t XDate: ., maintenance work commences in all outfall drainage ditches St t hay En e ' within the critical area boundaries; THAT, the Council will develop and institute a compre- ' D hensive erosion control program for the coastline and regulate C o artet ~ s and Public Transportation through a permit system all erosion control structures; THAT, the Department will be the state agency responsible Date for construction of erosion control devices purusant to the comprehensive erosion control program developed by the Council and contingent upon the availability of funds. THAT, for erosion control policy and implementation, the Department and the Council will cooperate and work together in their respective duties; THAT, the Council and the Department will work tD develop and coordinate a system of information and data exchange for the benefit of both agencies; -3- -4- D-10 MEI-lORAlIOUM OF AGREE�E;tI as the primary liasons between these agencies, and; THAT, the Institute and Council will establish a process for INSTITUTE OF ARCHEOLOGY AND AUiTHROPOLOGY UNIVERSITY OF SOUTH CAROLINA Institute review and comnent on Council permit applications in accordance AiiD with the provisions of Section 14(C) of the Act, and; SOUTH CAROLINA COASTAL COUNCIL THAT, in accordance with Section 8(B)(11) of the Act the Institute and the Council will develop a process for Council review and WHEREAS the Institute of Archeology and Anthropology (Institute) certification of Institute permit applications in the coastal zone, and; has been granted the authority to control and regulate salvage operations THATc this agreement will be the basis for negotiating future and underwater properties such as shipwrecks, vessels, cargoes and other a rcheological artifacts, and; other agreements should that become desirable in order to further the agencies' mutual concerns in the coastal zone and; WHEREAS, the Institute, through its Director's position as the THAT. the Institute and the Council shall cooperate and work State Archeologist of South Carolina, is responsible for appropriate together to ioplement and enforce the policies of the General Assembly archeological research throughout all parts of the State both on land toether to implement and enforce the policies of the General Assembly and the approved coastal management program pertaining to all uses of and beneath the waters of the State, and; WHEREAS, the Instituthe has an interest in t ile preservation of coastal resources, including conservation, enhancement, protection, tIERERZ, t..e Institute has an interest in the preservation of and development, and; both terrestrial and underwater artifacts and sites and the general manage- ment of archeological remains in the coastal zone, as well as elsmehere, THAT, t he Council will provide for the institute's participation in the development and implementation of the oastal management program in the State, and; and that the Institute may recommend other participants to the Council WHEREAS, the South Carolina Coastal Council (Council) is responsi- and; ble for developing and implementing a comprehensive coastal management this agreement shall remain effectie as long as each program as outlined in Act 123 of the 1g77 legislature (the Act), and; agency maintains any program of mutual concern affecting the coastal WHEREAS, the Council regulates the use of critical areas in the coastal zone ther ouncilg h a permit program, and; zone, and shall terminate only if superceded by a future memorandur of WlHEREAS, Section 7(A) of the Act mandates that all State agencies agreement or by mutual agreement i'hen there are no longer any programs U!HEP,EAS, Section 7(A) of the Act mandates that all State agencies of mutual concern to both agencies. This pro',ision applies to each cooperate in the administration and enforcement of the Act, and Secticn 5(ti) paragraph of this agreement as ;;ell as to the agreement as a ,hole. authorizes the Council to encourage and promote such cooperation;r Each agen:y shall annually revin, this agreement to deterine appro- The Institute and the Council Hereby Agree: priate and -esirable alterations arc' a:,enlmen . THAT, in order to coordinate each agencys' efforts in mutual areas zf con- cern, ti:- institute :nd the Coun-il will des':nat, raep.-eczltCtiCes . 2ct D-10� This agreement shall take effect upon the signature of the designated officials below. Robert L. Stephenson Date State Archeologist of South Carolina fXr /�L SM n 'To, f P 69 Paihrman, S. C. Coaltal Council Date -3- D-12 MEMORANDUM OF AGREEMENT grams affecting the coastal zone. THEREFORE, IT IS HEREBY AGREED BETWEEN THAT, in order to coordinate each agency's efforts in these THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION mutual areas of concern the Commission and the Council shall appoint AND representatives to act as the primary liaisons between these agencies; THE SOUTH CAROLINA COASTAL COUNCIL THAT, this agreement will be the basis for negotiating future agreements should that become desirable in order to further the agen- cies mutal oncens i th coatalzone; WHEREAS, The Land Resources Conservation Commission, herein- cies mutual concerns in the coastal after referred to as the Commission, is responsible for the coordin- THAT, the Commission and the Council shall cooperate and work ation of the development of comprehensive conservation plans for all together to carry out the policies of the legislature pertaining to lands owned or controlled by the state and for guidance and coordin- all uses of coastal resources, including conservation, development, ation of local Soil and Water Conservation District programs that enhancement, and protection; includes promoting and developing comprehensive plans for soil and THAT, in general, the Commission and the Council will develop water conservation and the planning and implementing of flood pre- a coordinated and simplified procedure for permit review and certifi- vention and watershed protection measures; cation of permits affecting the coastal zone; WHEREAS, the South Carolina Coastal Council, hereinafter re- THAT, the Commission is recognized as the state agency for ferred to as the Council, is responsible for formulating and estab- providing assistance to the Council in the development of the soil lishing a comprehensive coastal management program for the coastal and water conservation portions of the comprehensive coastal manage- zone of South Carolina, including a permit system for the use of ment program, to inclue floodplain conservation, protection, and use. critical areas and a system for the review of state and federal per- THAT, the Commission, and the Council will work together to nit applications to insure compliance with the coastal management develop a system of information exchange for the benefit of these program; agencies; WiHEREAS, the Commission must implement the South Carolina THAT, pursuant to Section 7 (A) of Act 123 of 1977, the Commis- Mining Act and the Dams and Reservoir Safety Act; sion, and the Council will cooperate and work together to carry out WHEREAS, the Commission, and the Council share a common inter- the policies of the legislature in the administration and enforce- est in the successful development and implementation of many pro- ment of Act 123 of 1977 and that the Commission shall administer its regulatory authorities in accordance with the provisions of Act 123 D- 13 0 � 0 and the rules and regulations promulgated thereunder; THAT, this agreement shall remain effective as long as each agency maintains any program of mutual concern affecting the coastal zone, and shall terminate only if superceded by a future memorandum of agreement or by mutual agreement when there are no longer any programs of mutual concern to these agencies. This part applies to each part of this agreement as well as to the agreement as a whole. Each agency shall annually review this agreement to determine appro- priate and desirable alterations and amendments. THAT, this AGREEMENT shall take effect upon the signature of the designated officials below. J-pP Whaley, Chairman Lhtor James M. Waddell, Jr. ' ~c~ Whaley~~~~~~ , SIChara S.C. Land Resources Conservation hirman, S. C. Coastal Counc Commission Dat ' Date I D-14 mandated by the Act and; MEMORANDUM OF AGREEMENT WHEREAS, Section 7 (A) of the Act mandates that all BETWEEN state (and local) agencies cooperate in the administration SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM and enforcement of the 'Act and Section 5 (N) of the Act AND authorized the Council to encourage and promote such cooperation; SOUTH CAROLINA COASTAL COUNCIL THE DEPARTMENT AND THE COUNCIL HEREBY AGREE: THAT, in order to coordinate each agency's efforts in WHEREAS, the South Carolina Department of Parks, mutual areas of concern, the Department and the Council will Recreation and Tourism (Department) is responsible for devel- designate representatives to act as the primary liaisons oping a coordinated plan to utilize the natural resources of between these agencies and; the State as tourist attractions; and; THAT, the Department and the Council will establish a WHEREAS, the Department is responsible for managing, process for Department review and coimnent on Council permit developing and expanding recreational areas, including the State Park System, for the people of South Carolina and; applications in accordance with the provisions of Section 14(C) of the Act and; WHEREAS, the Department must determine the land suit- THAT, this agreement will be the basis for negotiating and desirable to be acquired as a part of the State Park and future agreements should that become desirable in order to outdoor recreational system, with due consideration being further the agencies' mutual concerns in the coastal zone and; given for the scenic, archeological, recreational and other special features of such lands, and; THAT, the Department and the Council shall cooperate and work together to implement and enforce the policies of the WHEREAS, the South Carolina Coastal Council (Council) is General Assembly and the approved coastal management program responsible for developing and implementing a regulatory permit program for the critical areas of the coastal zone of South Carolina as mandated by Act 123 of the 1977 South Carolina vation, enhancement, protection, and development and; THAT, the Council will provide for the Department's General Assembly (Act) and; participation in the development and implementation of the coastal WHtEREAS, the Council is responsible for developing and management program and that tihe Department may recommend other implementing a comprehensive coastal management program as participants to the Council and; * ~~~~~~~~~~~D-15 THAT, this agreement shall remain effective as long as each agency maintains any program of mutual concern affect- ing the coastal zone, and shall terminate onlyv if superceded by a future memorandum of agreement or by mutual agreement when there are no longer any programs of mutual concern to both agencies. This provision applies to each paragraph of this agreement as well as to the agreement as a whole. Each agency shall annually review this agreement to determine appropriate and desirable alterations and amendments. This agreement shall take effect upon the signature of the designated officials below. .-c - / Cfairman, Sbuth Carolina Parks, Chairman, South Carolina Recreation/and Tourism Commission Coastal Council bare~~ Lsate 1 / 1/ D-16 and; Memorandum of Agreement IfHEREAS, the South Carolina Coastal Comucil (Council) is responsible Betw~-een for developing and implementing a reEulatory permit program For the critical South Carolina Public Service Authority (Santee Cooper) areas of the coastal zone of South Carolina as mandated by Act 123 cf the 197- And South Carolina General Assembly (the Act) and; South Carolina Coastal Council I:HEREAS, the Council is responsible for developing and implementing a comprehensive coastal management program as mandated by the Act and; WHEREAS, the South Carolina Public Service Authority (Authority) WHEREAS, Section (A) of the Act states that all state (and lecal) has been granted the power to develop the Cooper, Santee and Congaree Rivers agencies shall cooperate in the administration and enforcement of the Act and as instrumentalities of navigation and commerce; to produce, distribute and Section 5 (N) of the Act authorizes the Council to encourage and promote such sell electric power; to drain and reclaim Swampy and flooded lands; and to cooperation: reforest watersheds of rivers of South Carolina and; THE ALIORITY LND THE COINCIL HEREBY AGREE: IWHEREAS, the Authority has been granted the right to acquire by condem- TLAT, in order to coordinate each agency's efifrts in mutual areAs of nation or otherwise any lands, waters, weater rights, riparian rights, fowtage concern, the Authority and the Council will designate representatives to act as rights, or any other real or personal property necessary or useful in carn the primrry liaisons between these agencies and: out its purposes of exercising its powers for the development of the Santee THAT, this agreement will be the basis for negotiating future agreements and Cooper Rivers, Jand; that become desirable in order to augment the agencies' mutual concerns in ItERPEAS, the Authority has been authorized to divert water from the coastal zone areas and; Sampit River, Penny Royal Creek and their tributaries for use in the generation THAT, the Authority and the Council shall ccoperate and work together of electric power in Georgetown County and to discharge such diverted water into to implement .and enforce the policies of the General Assembly and the approvel Winyah Bay, and; coastal management program pertaining to all uses of coastal resources, in- llEREA~\S, the Authority has been authori-ed to divert water from the cluding censer-ation. enhancement, protection, and development and: Santee River for use in the generation of electric power in Georgetown County and THAT, in accordance with the provisions of R (Bl (l nf the \ct. the to discharge such diverted waters into Turkey Creek, and; Authoritv and Council will establish a process for the Cotlnctl to review and WIEREAS, the Authority may lease lands under its control for the ex- certify all state and federal permits required in the constal zone for the traction of minerals other than oil, gas, phosphate, phosphatic deposits or lime, * S~Y D Authority's activities; THAT, the Authority and the Cotmcil will establish a process for Authority review and comment on Council permit applications in accordance with the provisions of Section 14 (C) of the Act and; THAT, in accordance with Section 15 of the Act, the Authority will receive necessary Council permits prior to altering a critical area of the coastal zone; THAT, the Council will provide for the Authority's participation in the development and implementation of the coastal management program and that the Authority may recommend other participants to the Council and; THAT, this agreement shall remain in effect tmtil superseded by a revised memorandum of agreement or cancelled by mutual agreement by the Authority and the Council. This provision applies to each paragraph of this agreement as well as to the agreement as a whole. Each agency shall annually review this agreement to determine appropriate and desirable alterations and amendments. This agreement shall tal-e effect upon the signature of the designated officials below. President, S.C. Piblic Service Authority hirnan. S. C. Coastal COun Date D.lte/ D-18 comprehensive coastal management program as mandated by thile Act and; ~~~~~MEMORANDUM OF AGREEMENT ~WHEREAS, Section 7 (A) of the Act states chat all State (and local) MEMORANDUM OF AGREEMENT ~~~~~~~~~Between ~agencies shall cooperate in the adm.inistration and enforcement of the Act Between SOUTH CAROLINA PUBLIC SERVICE COMMISSION and Section 5 (N) of the Act authorizes the Council to encourage and promote ~~~~~~~~~~And ~sucn cooperation; And ~~SOUTH CAROLINA COASTAL COUNCIL ~THE COMMISSION AND THE COUNCIL AGREE: SOUTH CAROLINA COASTAL COUNCIL THAT, in order to coordinate each agency's efforts in mutual areas of WHEREAS, the Public Service Commission (Commission) has been granted concern, tne Commission and the Council will designate representatives to regulatory authority over electric utilities in this State in certain pnases act as the primary liaisons between these agencies and; of such utility development and operation and; THAT, this agreement will be the basis for negotiating future agreements WHEREAS, the Commission may issue certificates of convenience and should that become desirable in order to further tne agencies' mutual concerns necessity to electrical utilities, electric cooperatives, consolidated in the coastal zone and; political subdivisions, public utility districts, any governmental body or THAT, tne Commission and the Council shall cooperate and work toget'er agency or another person or corporation to allow the construction and to implement and enforce the policies of the General Assembly and tne operation of certain utility plants or systems and; approved coastal management program pertaining to all uses of coastal WHEREAS, the Commission implements the futility Facility Siting and resources, including conservation, enhancement, protection, and development arid: Environmental Protection Act" and is to make the S. C. Coastal Council (Council) THAT, the Commission and Council shall provide for tne joint on-gring a party to each certification proceeding for such facilities in tne coastal evaluation of the energy needs and tne methods for meeting those needs in a zone as provided by Section 13 (D) (1) of Act 123 of the 1977 General manner consistent with the Act, the coastal management program, and the Assembly (The Act) and; statutory responsibilities of the Commission. WHEREAS, the Council is responsible For developing and implementing a THAT, in accordance with the provisions of Sections 8 (B)(ll) and 13(0) regulatory permit program for the critical areas of the coastal zone as 9) the Commission and the Council snall maintain a pocess whe-eby tne mrandated by Act 123 of 1977 South Carolina Assembly (tie Act) an-: Council snall be made a party to certification proceedings for utility WHEREAS, the Council is responsible for developing and implementing a facilities within the coastal zone, and the Council shall participate in sucht proceedings, including tne conditioning of certificates, according to the provisions of tne coastal management program. -19 D-19 THAT, the Commission and tile Council will establish a process for Commission comment on Council permit applications for alterations of "critical areas" in accordance with the provisions of Section 14 (C) of the Act and; THAT, the Council will provide for the Commission's participation in the development and implementation of the coastal management program, and that the Commission may recommend other participants to the Council and; THAT, this agreement shall remain in effect until superseded by a revised memorandum of agreement or cancelled by mutual agreement by the Authority and the Council. This provision applies to each paragraph of this agreement as well as to the agreement as a whole. Each agency shall annually review this agreement to determine appropriate and desirable alterations and amendments. This agreement snall take effect upon the signature of the designated officials below. Chairman, Public Service Commission aran, Coastal Council of South Carolina Date Date Aitness Witness i -3- D- 20 MEMORANDUM OF AGREEMENT THAT the Council and the Commission shall annually negotiate an BETWEEN agreement whereby the Commission will provide adequate support for enforcement of Coastal authority, including employment of conservation officers and imple- THE SOUTH CAROLINA COASTAL COUNCIL mentation of an aerial and ground surveillance program; AND THAT in order to coordinate each agency's efforts in these mutual areas AND of concern, the Commission and the Council shall appoint representatives to act as THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION the primary liaisons between these agencies; THAT the Council and the Commission may annually negotiate an agreement whereby the Executive Director of the Council shall also serve as di- rector of the Natural Area Acquisition and Resource Planning Division of the South WHEREAS, the South Carolina Coastal Council, hereinafter referred to as Carolina Wildlife and Marine Resources Department; the Council, is responsible for formulating and establishing a comprehensive coastal management program for the coastal zone of South Carolina as set forth in the THAT the Council recognizes the authority of the Commission in the Coastal g anagement Am or the al Commission's establishment, implementation, administration and enforcement of State game, fish, and shellfish laws; WHEREAS, the South Carolina Wildlife and. Marine Resources THAT the Council recognizes the authority of the Commission in the Commission, hereinafter referred to as the Commission, is the agency responsible for THAT the Councl recognizes the authority of the Commission in the protection and conservation of wildlife and marine resources,including game, non- Commission's establishment, implementation, administration and enforcement of game and endangered species; State watercraft laws and regulations; WHEREAS, the Council, in formulation and establishment of the compre- THAT this agreement shall remain effective as long as each agency hensive management program, wishes to include the preservation and conservation of maintains any program of mutual concern and shall terminate only if superceded by wildlife and marine respources as an integral part of such program; a future memorandum of agreement or by mutual agreement when there are no longer programs of mutual concern to both agencies. This provision applies to each WHEREAS. the Council is responsible for implementing a regulators paragraph of this agreement as well as to the agreement as a whole. Each agency permit program for the critical areas of the coastal zone of South Carolina. as set shall annually review this agreement to determine appropriate and desirable forth in the Coastal Management Act of 1977; alterations and amendments WHEREAS, THE Commission is the regulatory body responsible for imple- This AGREEMENT shall take effect upon the signature of the designated mentation, administration and enforcement of hunting, fishing, and shellfishing laws; officials below. WHEREAS, the Commission is a regulatory body for implementation, administration and enforcement of laws pertaining to watercraft for both recreational and commercial purposes; Chairman, South Carolina Wildlife and Chairman, South Carolina Wildlife and Chairhlan, South Carolira/ WHEREAS, the Commission possesses a well-established administrative Marine Resources Commission Coastal Council services staff; October 25. 1977 October 19, 1977 L Date WHEREAS, the Council is a newly-created State agency and does not Date Date possess the personnel and other resources required to operate all necessary admin- istrative services. THEREFORE, IT IS HEREBY AGREED THAT, the Council and the Commission shall annually negotiate an agree- ment whereby the Commission will provide needed administrative support and ser- vices for Council members, staff, and activities; D- 21 0~~~ Appendix E STATUTES 91-1-10 AIIMININ I NATION OFI -1 UK GOVERNMENT GFNERAL PROVISIONS l1 Amst. LL 3. IExeciames Wpasita itent. O fllsriof RIri~s aiud ier di.,s he ridge that divides the Saluda waters from thosc Of Green AI~tICLCus C4auci., I'mtsI,.abrm amid (..cre.uin Eltmiployllicta. River. thence along the various courses of' said ridge, agreeably to Au istei- 9. Siale Lmiableimii and Inedge to State: Flg said plat and survey, to a stone set up where said ridge joins the Am itLE I 1 r-cuts". oenr rG:e-aIAsi~y ridge which divides the eastern avid we-stern waters which is AftnCL 13 Rcst"Is 0 Govrnor o Omens Assesibly.marked "S. C. and N. C.. September 28th. A.D. 1815"; thence along the various courses of said ridge. agreeably to said plat and survey, to a stone set up On that part of it which is intersected by the Cherokee boundary line. run in the year 1797. and which Awnc~~~~~~~z I ~ ~~~stone is marked "S. C. and N. C., 1813"; and from the said last- Axnc,~~~~~~~~~ I ~~~mentioned stone on tdie top of said ridge, at the point of intersec- JURtISDICTON ANDt BOU1NDARIES OF STA-M tion aforesaid, a direct line S. 68V4 W- 20 miles and II poles to die thirty-fifthk degree of north latitude at thle rock in the east bank Stuc. of thle Chaitooga River marked "Latitude thirty-five degrees. AD_ I - I- 1 Jurisdictios assid buuudtnics of dir Slate. tI- 1-2. Effcrt Of chsange of State boundary an birdering Lettds. 18 13" which line, from the termination of the line of 1772 to the Chattooga River. is in all a distance of twenty-four miles and one hundred and eighty-nine poles. � 1-1-10.jurisdiction and boundaries of the State. From the state of Georgia. this State is divided by the Savannah 'llne sovereignly attd jurisdiction of this State extends to all River, from its entrance into the ocean to the conifluence-of tIle pladces within its bounds, which are hereby declared to he as Tooga"o and Seneca Rivers; thence up the Toogaloo River to the follows., confluence of die Tallulah and the Chattooga Rivers; thence up The northern line beginning at a point on the seasoeabu. the Chattooga River to tihe 35th parallel oftnorth latitude, which is mile and a quarter cast of the mouth of littile River, runs in a thle boundary of North Carolina, the line being midway between nustom tnst direction sixty-four and one-half miles to a point two the banks of said respective rivers when the water is at ordinary litilch northwest of one of the branches of Lee Pee DeE River; stage. And when thle rivers are broken by islands of natural the-nce, in thke same direction, twenty-two muiles, to a stake in a forntation which, under thle treaty of Beaufort, are reserved to thle lmik-adow, hnci a dieiod ue ws.a dsacofixytostate of Georgia. the line is midway between the island banks and thence, 10aPintw F diretionte we s tl hdsiotnc Road(a sixty-tw the South Carolina banks whet cite water is at ordinary stage. ogile, toks s on htcita ieWxw intrsets theme N.aresto Road (Et igXt On the cast the State is bounded by the Atlantic Ocean, from miles to a gull tere nos the southeasterts corner of tile Catawba the anouth of the Savannah River Eastward following the present lndia,' Reservation as laid out in 1764; thence following tile center of Tybee Knoll Ctt Range to the hypothetical line connect- eamstern and northern boundary lines of said Catawba Indian ing the seawardmost end points of thle existing protective jetties; Reservation to where such northern boundary fine crosses the thence along such line to a control point at latitude 32' 02' 15.4' lthread of tihe Catawba River; tlmence up tite thread of said river to north, longitude SWY 51' 09.4' west-, thence due cast to the like -n1tfllnemce of thle atortlt and south forks therenf, thence west seaward limit of South Carolina as now or hereafter fixed by thle to a stolie On T'Yron Mountain marked -S. C. and N. C., Septem- Congsiess of the Untted States, such boundary to be extended on bet 15tht, 1815"; thence from said stone set upl and marked "S. C. the same true 90' bearing so far as a need for further delimitation atid N. C., Sepieukber IS, 1815" west four nniles and ninety poles tpay arise, to the northem ii boundary, near dile mouth of Little to a stone autarked "S. C. and N. C."; thettce S. 25' W. 118 poles River, including all islands. to a4 chestnutH tree an tIke top of a ridge dividing thme waters of tIme IIISTORY; 1962 Code! � 392-1; 1952 Code � se-1; 1942 Code � 2038; 1932 Code nistuti fork of Pacolet River l ions the waters of thle northn fork of (235) CJ.C'2 ; v4 '241; I9701,1 I;6 G05.S.1R..I;9 tlke Saluda River; thence along tile various Lourbese of said ridge 3)14190(625. (agreeably to tile plat and sur-vey of' tihe commissioners and Itesearci alsd Practice Referenceft- sin veynrs accompapnyiimg their report, dated November 2 1915) to 72 AnsmJut 2d. Stat.imT. carituumme. still Dpcoidtlncis 11 24 etleq 2 8t CIJS, st.ste � 114 Cs . 3 SrxrIE BUDGEF AND CONTROL BOARD 51-11-100 51-0 Anssm' ov OFr11E GovERNmum Cross referenccs-- State. when authorized by resolution of the Budget and Control As to powers and donis of (tie S~c~ictary of State in regard to public lamads. sordl eoreditemnueadreosofuhBod 11-5-40. B o r , d l r e o d d i t h m i u e a n eosofuhBad As to State Budget and Contiol lb..ndt grantinag cascaucaus and tights of way and when duly approved by the office of the Attorney General; or aatLanads or an~aibldands. se J 11-1 I-MO and 1-11-90. deeds or other instruments conveying such easements over prop- As to duties mand qautitity of State Budget and ,osalrul Blojrd over taesetyith aeoorudrhecnolfStateances. plaosphatne interests. see �� 30-9- I Me q10 ntenm o rudr te cn lo tat agecqe. As to lease: of gas. oil and certaias ..tlher sitaicral interests upon lands and institutions. commissions or other bodies shall be executed by the wacsunder control of State Bu"dgi, mad Coantol floasad. see 1 09-0 majority of the governing body thereof. shall name both the State flesearela and Paraclice Rtdeceuces of South Carolina and the institution. agency. commission or 63 At jar 2d. Public Itantts 5 I108. governing body as grators. and shall show the written approval 73 CJS. Public ILands �� 235. 237- of the majority of the members of die State Budget and Control Board. � -1-0 Board autlmorize~d to grant easements for public HISTORY: 1002 Code 5 1-357.3; 1IN3 (53) 171. utlfities on vacant State lands. CEO"s Referencgs- The State Budget and Control Board is authorized to grant As to authority of State instiuatsonat and agencies to grant easemtents snd rights caseanents and rights of way to any persots for construction and aisway. swe j IGA-1-30. uthaiDntnsCe Of power' lines, pipeC lines. water and sewer lines and Rseatrch A" P"Maice Pef*FeNNC"- railroad facilities over, on or under such vacant lands or marsh- 63 Ama jut 2d. Public .andas I ito. land as are owned by thke State, upon paymetat of the reasonable 73 CJS. Public Lands 1111235. 237. value thereof. 17 Am Jur Legal Fortas 2d. States. Territories. and Dependencies 5 239:21 HISTO0CY. 3962 Code 5 -5.;1963 (53) 177. (reservation of tigla to grant Casement). Cross references-�1- -10 AtoratoofBadtacueralrpry As to sale or donAtnin of. or tights of way over. public lands. see SC Coaitst. An by AuhriaioofBadto acuircae, rand pronderntyon 3.1 31.bygpucaeancodmtin (1) 'Me State Budget and Control Board is authorized to � 1-1 1-90. Board authorized to grant rights of way over acquire real property, including any estate or interest therein, for, State marshlands for roads or power or pipe lines to State and in the name of, the State of South Carolina by gift, purchase, agencies or political subdivisions, condemnation or otherwise. '1he State Budget atad Control Board may grant to agencies or (2) 'Me State Budget and Control Board shall make use of the political subdivisions of the State, without compensation, rights of provisions of the Public Works Eminent Domain Law (Chapter 5 way through and over such mnarshlands as are owned by the State of Tttle 28) should it he necessary to acquire real property by for the construction and maitatenance of roads. streets and high- condemnation. Such proceedings shall he maintained by and in ways or power or pipe lines, if, itt the judgment of the Budget and the name of the Board. Provided. that such right of condemnation Conti-of Board, the interests of the State will not be adversely shall he limited to the right to acquire land necessary for the affected thereby, development of the capital complex mail in the city of Columbia. HISTORY; 1962 Code 5 3-357.2; 19613 (53) 177. HISTOfq; 1962 CodeC 1 -357.4; 1008 (55) 3067. Croass refere,,ccs- Research and Practice Itefcrenc4s- As to sale or dtnat.toaa tat, or a aglhts of way over. ptablar lands. see SC Coast. Art 26 Am jur 2d. Emninent Doamasin It 13. 27 et seq. 3.131S. ~29A CJS. Enainaent Domnain If519. 22. 29A 1. � 1-1 1-100. Execution of instruments conveying rights of � 1-11-120. Authorization of Board to sell surplus personal way or casemnents over tmaralalands or vacant lands. property of Stage. Deeds or oather isastrumtents conveying sucla rights of way or The Budget and Control Board way sell any surplus personal easetnents over suiLte marshlands or vacant lands as are owned by property of the State under- such termis and conditions as may be the State slmall he' executed by the Covernoi lit tlte name of the most advantageous to the State. 65 9 E-2 is~~~~ direction of the point ott theL North Edisto River (mltnhu of Cedar Branich), where the line between Orangeburg and Lexington Counties, drawn from Big Beaver Creek, touches said r-iver, on the CHAl"FER 3 northeast by Orangeburg County. from which it is separated by Boundaries of Existing Counties thle South Edisto River as far down as the northeast comner of Blamberg County; on the east by the line separating it from 4-3-10) Abbcville County. Bamtberg Coiunty; an the sotatheast by Allendale County-, and on 4-3-20 Aditr CUouIty the southwest by the state of Georgia, from which it is separated -1-3-110 A~lcnd..t Comity. by the Savannah River.' 4-3-40Q tAntbcrso County. HISTORY: 1962 Code j 14-si; 1952 Code I 14-56; 1942 CAdt 1 298 l; 1932 4-34W adrilw~~~~~~~~~~~l Ci~~~~unty, ~~~~Code 5 2981; Civ.-C '22 1 672; Civ. C. 112 55691; Clv. C. 102 5 534; G. S. 4.-3-70 tisrnwlos Conty. 417i IL S. 465; 14) 664; (2) 199, 284; l868 (14) 695; (151 649; 3892 (22) SMl 4-3-60 at kikecy County. Ii 3)S 4-3-90 C~lhoun Comity- Crsi ref reces- 4-34100 C~sitestoit Comiuty. As to contitutuilonal provisions regs-minZg comnty boundaries. see SC Const, Art 4-3--110 C~tctokcc County- 7.1 12; Art S. 1 2. 4-3-120 Cbcsswr County. As to constitutionasl provisoun regarding number f otie.see SC Conist. Art 4-3--t30. C~hcstclticl County S. � 3. 4-3-140 CLA~rcudiso County. 4-34150. Colleton County. 4-3-16-IG Collcloll County; port-ion of Edisto (lest-h inl Charleston County tralls- �4 -7. Beaufort County. 4-3-17d tdyou C.Sulctl outEytii't C. Beaufort County is hounded as follows: on the northeast by 4-3- 180. Daifon County. Colleton County. front which it is separated by St. Helena Sound, 4-5--190. Dillon Comity; creation of Itluggius township. and by thle Consbahece asnd Salkehatchie Rivers; on the north by 4-31-200 Dordtestcr County thle center of the track of thle Atlantic Coast L-ine Railroad which 4-1--210 Dordwcutr Contuty; portion of Laicohmsite atct to Chavlcston County beliarates it from) Hlampton Couinty; on dile west and southwest by "sAlfeircd to 00tdicstcr Couilty. 4-3-220 Dor-chester County; "m~tion.,l area of Charleston County trimferred to, jasper County and the state of Georgia, it being sepal ated from Dri-clicsic Comitty. tile slate firGeoilgia by file Savannah River; and on the south as-d 4-3-230 DodEsther Cont~ty. addittousl dFCA Of ChkarleSton County trGtnIhtCfd to sotittieast by thle Atlantic Ocean; including in the countly all1 the 1.1.1distes Comitty. dcsigisattott of-atca. islands along the coast ft-am tihe mouth of (lie Savantsah River to 4-3-250 Fatgdield County. St. I lelenla Sound; excepted froin said boundaries, however, is that 4-3-260 Flio-e~ Comity petrtion included therein which was formerly a part of Beaufort 4-3-270 tico, gctowlI Conty. County but was annexed to jasper County in 1950 by act of the 4-3-280 Grieaviveli County. Cuetieal Assembly (Acts 1950, p. 2332). described as lying west of 4-3-300 rtetiotttt C.unty. New IRJvei- and run of Great Swamp known as and constituting 4-3-3 30. Iioary C.-tty. yellassee township. 4-3-3-10 J..oPel Comity JIJS510kv: 3962 Code f 14-52; 1952 Code I 14-57; 1942 Cod 1 2982; 1932 4-3-330 Kershaw County. Code 52982; Civ. C, '22 5674; Civ. C. '12 1593; Civ. C. '02 5535; G. S. 4-3-340 [A.%,abtcf C-ounty. 408; R. S. 466f; (7) 199, 251, 484; 1878 (16) 375; 1912 (27) 827; 1916 (29) L--5 AUSCns County 254; 1950 146) 2332. 4-3-360. tlee Colunty osrfeees 4-3-370. Lexington Counity. Cossfiecs 4-3-38 d,,rianni County. As to addition niode to Beatiloil County fronijasper County. see I 4-3-320. M4611.0to Comity ~~~~ ~ ~ ~~~~~~~~~~~~~As in constitution., prtsvisifis regardimtg county boundaries. see SC Const. Art i- 3--l0t MI. t:l. ,kak Cotmity 7.1 312, Art B. 12. 1-3--410 Ncwb.,&,y C ... ity A. to cottttu.lprovisioet Pegai ding number of totinties. see SC Const. Art 2956 S , �0 E-3 BOUNDARIES Ot EXISTING COUINn, 44-3-80 4--0(onas CASE NOTrES Ainicxmuiswi of Yetuasee tuwiniibP IIY byjJnspc CountY. Is Waid 4"d "Osustnsu- Bt-rkeley Counties to the point of beginning, less tile following Jasstncr Conany)~ sntnnn -Ati N-; nonnanln t.ielnutu C.UnIOy WJspCr territory transferred to Charleston County by act of the CGcnenal 9071 .f1,1 (1950 119W(16 23321 in-1-1- CAuu 22O SC 469. 68l SEMd 421 Assemnbly approved February 28 1921, to wit: the county lines of ing (no tine dannes.ntion -f Yen..sue (195 t . Bel keey County and of Charleston County are hereby so altered AUSblp fu inn tlia as nt cu..t. of f f ~r r. said Berkeley County andt to transfer and annex � 4-3-80. Berkeley C~~~~~~~~~~~~ouny i0 coniporate within said Charleston County. all that certain Berkeley County is boundled as follows: northeastwardly andi territory or portion of Berkeley County embraced within the nortlt1 by thke Santlee Itiver. separating it from like Cotnnties of follo~ving lines and boundaries, to wit: beginning at the intersec- ocoageton, Willamsburg nd Clarndon; nothwesimrdly bytion of dine present line hetween Charleston County and Berkeley eoragetown, onty Wilasburg nd Clarndon; bynorchestwardCuty;b Cotanty with the Western line of the sight of way of Atlantic Coast sorangebuwrdl County southwestwardly by Choahesto r County; AL ine Railroad, and running thence northwardly with the western soutwes cardlcy andy souheftwarldly byiChiretn iots iits. And n eo line of said right of way to its intersection with the run of Goose iesubivido forereleyC y ksal ncldwiti at iis the wholele ofStJon Creek; thence with die rTn of Goose Creek in a westerly direction thekly Subtiso formerly St.w 'lcaas a t.he nns Pandipaes of Sr Jhn to its intersection with the eastern boundary of Elms Track, now sbdivisions t mel ktphnt.hownias adSi. Jaenns, and Careek Si. tahe owned by Goose Creek Land Company; thence noirthwardly along SanteeiionSt Andrerl nws; as Stde. diam h ou ies ofs Crerk. t ae- the eastern boundary of said tract to its intersection with the ley County and of Orangeburg County arc hereby so altered as to southern line of the Ladison Road; thence westwar-dly with the cut o~ll (rorn said Berkeley (County and to transfer and annex to southern line of said L-adson Road to its intersection with the and incorpiorate within said Ordngeburg County all of that certain eastern line of die Blue House Road. thence an a bearing N. 50" icniiaryor porson of Rckvicy Cunty embaced wihin the20' W. to the southeast corner of Dorchester County; thence with teforylorworiongo Bileiks Croundaemracesdt wit.heinn tapin te d i e run' of Saw Mill Branch westwardly to a point in Dorchester folowingor Fu Hlies uSwam bonati toe wtbgintes ngo of (h boiundr County line 59 chains west of the western right-of-way line of the lines of Orangeburg. Dor~chster and Berkeley Counties, and Soutty lne 63Rcailwtoaycre, thence S. 1' 30' E. al on g the Dchse extendiang in a southecasterly direction. along Four Hojles Swailp.Cunyle63chis 0aorr;tneS.1'0 Waogte thle same beuig tihe boinnidamy between Dorchester and Berkeley Dorchester County line 247 chains to the isouth of Saw Pit Creek; Cotnities, to a large cypress which stands at the confluenice of thence oin a bearing N. 79' 50' E. 396 chains to the point of Four I toles and JDean Swamups, at thle uipper part of Turkey Lake; beginning. thence up and along tihe run, orl'Dean Swamp as it meanders to a HISTORY; 1962 Clsdle � 14-58; 1952 Cide # 14-58i 1942 Codle 4 29831 1932 ,cun Ticen D feali Swamp and Black Creek unnite; thence tip Black COde f 2983; Civ. C- '2? 1 675; Civ. C. '12 f 594; Civ. C. '02 4 536; G. S. Creek to the point where Big Black Creek and Little Black Creek K. S. 467; 1991 (21) 6611 t89fi (22) M09; 1897 (22) 595; 1921 (32) 184; Creek io tire point where Big Black Creek and Uide Black Creek1931 (57) 552. unite; thence up tittle Black Creek to the point where tIne "new road" crobsses said tittle Black Creek;. thence northerly up the C055 re~cftejec,- Asloo consmifutionmAt Provinomma regarding county boundaries, see SC Consts, Ar; Irew road" to tile Monck's Cornier Public Road, near Mark 7.1 12; Art 8. 12. Rithaiidsomm'h place; thence N. 10 chainms to a pinte; then N. 14' L. As to cannttotPrOvesi"'n r-egarding ltmnber' of counties, see SC Consa. Art 38 chainsl to A stake; thence S. 37' 15' E. 49 chains to a stake; 8 3 thenice E. '..7(3 chtains to a stake; thence N. 39.50 chains to a stake; theut:c N. 87' E. 3'l chauins amid 10 links; thenice N. 54.50 chainis to �4-3-90, Calhoun county. a stake, thence N. V' 30' W. IS chains and 60 linlks In a stake; Callhouli County is hounded as follows. beginning it] Lexington thence N. 30' W. 31 chains to a stake-, tlnien N. S' W. I I chaints to Cont nteCnae ie a on hr h adln a cypress at thle River Road amid Rock Creek Bridge; thence eutwee olan now Congr oriverly pointd byC.MhCemre ethe land ln nlortheast along Rock Creek to Where [tuck Creek ennpties into tile twe land now or fonnerly ownedd by C.nd Mpar striesmaidrivera Santee Riven; thence up thre Santee River to the ntioutli of Eutaw land ruoninr formerlyn owned betee said Spands (stiesaid Cr rtiver Creek, whet e thle Oramngeburg amid Berkeley lines connect; thence land qis ing teland ln ewe said Ser landis (S o alhunCuny crmrosing yo~nthest aong te bounary lne beween Oangebrg3an the State Road onl this same land line, continuing straight line 125 302 Graveyard. conittnuing Ito a stake X 3 N.. north of C. W. Shunsak- with tihe run of Goose Creek; thence Willi tile run of Goose~reek, ef's forlsker 1-csjleace, 11the S. 67' E. ito a stake by road of Capt. i n all eastwvardly direction, to its intersection with tile wcstern Gcosge D). Rast's estate land, then N. 79' 45' E. to anl oak onl tile right-of-way line of dile Atlantic Coast 1-nc Railroad; thence road near Trinity Graveyard. then N. 6T E. to a stake on Two southlwardilY along tile wester-n right-of-waly line of the Atlantic Chop Road by Neighborhood Road, intersecting on land formerly Coast "Eve Raila uad lo its iastersection with the south right-of-way owned by J. A. Johnson, iheas south Two Chop Road thle line to line of Remount Road; thence eastward by a3 direct line to die little Poplar Creek. distance 37 chains. then down the said creek mouth of Goose Creek onl the western bank of the Cooper River; tihe line to McCord's Ferry Road. said road tile line S. W5 E. 209 thence sousthwaz dly along the Cooper River to the intersection chains to I lydrick's old till on lBig Poplar Creek. said creek the with the Wando River; thence along the Wando River in a north- liue to Santee Rive,, up the Sanice River to the Congaree River. eastwardly directio,1 to the mouth of Gtuerin's Creek; thence u~p thie Congaree River to beginning point. nor-theastwar-dly along Guerin's Creek Lo intersection with die 11lt~l'O1Y. 1962 Codc I 14-15% t952 Code I 14-S9. 194 Cod 1M 193 Guerin Bridge Road; thence northwardly along the Guerin Bridge Code J 2984;i Civ. C. 122 i 679 Civ. C-'121596.1908 (25) 1279. Road to intersection with Halfway Creek Road; thence northeast- wardly along Haldfway Creek Road to Thompson Road and south- Cross referece*t- ed y along Thompson Road to intersection of mun of Wambaw As to coaklsitUtilWuii pr-ovisiosit regarding county boundaryes. see SC ConSt. An Creek; thence along thle runs of Wambaw Creek. eastwardly to 7,11t2. Art 8, I 2 As to consniuunoaal pi ovislaii res~aria.9 51"Iner of Tcutics. see SC Coost. An South Santee River;, thence down the South Santee River to the ai. IS. Atlantic Ocean, to the line of jurisdiction of the State; thence southwardly along thle line of'jurisdictionk of the State to a point � 4-3-100. Charlestons County. opposite the inouth of the South Edisto River, tile point of Chiarle~ston County is bounded as follows: by a line beginning beginning. opposite tlie Mtotuth of tihe South Edisto River. where it empties HISTORV; 1962 Code 1 14-60, 1952 Code I 14-60; 1942 Ctide I 2985, 1932 Code I 2985i Civ. C. '22 1 677; Civ. C. '12 I�591; Civ. C. '02 1 537; G. S. i11t0 the Atlantic Ocean. and following up thle center of said river 410i It. S. 468; 1893 (21) 561; 1896 (22) 310; 1921 (12) 18t; 1931 (37) 552; it) tihe point where the Dorchester County line intersects tile 1953 (48) 211. E~disto River;, thence eastwardly along the center line of the E i o ' oe l'.nker's Ferry Road to tile intersectiOn with Rantowles Crek, olon 2 of 1953 Ac No. 165 (19559 (48) 21 1) provides: 111cilk.e iutheary ulj R.ntowles creek to its intersection with the"levldtyoyacinfetugth 011 oCtlononytrserd IDorchester Coutlty lline; thence alotig said line to thle eastern bank io Charleston County by Act No 171 of the acts of she Genecral Assembly of of tle Ahle Rivr-,thene d on sid rverto the point wheke South Carolina. 191 1, shAll not be insijored by the omisisian of Act No. 171 of of the~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~tl Ache ier etedonsai rive 19 11 il til coiiir of tiecr of L"ws for South Carolina of sawe Pit Ci eel enters biid Ashley River; thence flos' file miouth of 11. 1922. 132. 19-42 and 1952." S.Aw Pit 0Crek, N. 19- 30' E. along tile D~orchester Countly line. 247 C a s rfrne- heat,:-,theteN. 44' 30' W. along file Dorchester County hltAsne. alrUalol oef cni ici s i lhafbo iltyto o ecste-o"l (i38 dI atns to tIntersectiot Willi run of Saw Mill Branch. at a Potint see I �4-3-2 it to 4-3-230 ~9 (l.011 wes of he wster rigit~o-wayline of thle Southertn As locrsttoat provksiutas regarding countty tioutndaries, see SC Cottst. Art RHslWAtY; tlltemate is-ont this [joint along tile full of Saw Mill IBranch Nto 7.tul~ia prysn 12;idii Anma 8.oinis se SC2nt r so tile siit),11eastom of 1)orchiester County. a distance Atocntuimtlr~~aegstm wtirof conte.se C ost r approxliai~ttly 141 clintnas; thence S SlY 20' E. to iattersection of t'astelrn a tglt-of-w~ay line of liUnited States Route No. 78. a distatice til 839 tltaiuis; therme sotttbeastwardly along the Southeastern �4-3.-.110. Cherrokee County. aglattl--waty line of United States Route No. 78 to intel section of Cherokee County is hounded as follows: beginning at tile mouth tile sotth .tghit-of-way line of tihe 1,adson Road, a distasnce of' of Brown's Branch and runntitg up branch 76.60 chains to near 259.1 tAlttiiies; thence eastwardly along thle southern line of' tile where G. W. Webster stow lives or formerly resided, placing his Ladhon Road to its irtlersei tion with file eastern boundary Of I'bias picesemt or former residetice in new county; thence S. 75 W. 66.23 'lz l t ow owned by Goose Creek Land Cotmpainy; thelece Solids- chains to rock N. E. curlier list of property now or formerly owned wardly altang tihe caastrni boundary of said tract to its ilktel'Set~titnl by Pacolet laiiufactui imig Company at Brown's old mtill; thence N. 304 305 E- 5 BOUNDARtIES OF lExasTFING Coutrfrms � 4-3-150 43.5Com s approvcd March 11 1922. to wit: all that certain territory or boundaries of Colleton County the line shall he the center of the poitlion formierly of Suamiter County. endbsaced within the following main run. lines and boundaries, to wit: beginning at a poit at n Santee River HISTORY: 1962 Code I 14-6S; 1952 Code J 1445;i 1942 Code 1 2990; 1932 72 feet nol thwest of like centler of the Atlantic Coast Line Railroad Codc 5 299 Civ. C. '22 1 M82 Civ. C. '12 I 601; 01r. C. '02 1 542; G. S. runninig front Sumiter to Ot-angebuirg. running N. 40' SW E. for a 414; R. S. 4722 (11) 189, 254; 1897 (22) 580 595; 1919 (31) 95, 1920 (31) distance of 9.521 feet parallel to railroad; thence N. 4 V* 2' E. fair a 773-.19S3 (48) 2 11. distance of 5.658 feet to a point 72 feet west of center of railroad; cross rckefereces- dktence N. 16' E- for a distance of 7.257 feet parallel to railroad;, As la coganiutiogal provisions regarding couny bounodaries. wee SC Consi. Art thence N. 26' 50' EL. for a distance of 8.650 feet lo a point 72 feet 7. 1 12; An S. 12. northwest of railroad; thence S. Sr EL. for a distance of 6.864 feet; Ass oiumuos r'nanrgrig ubro oute.seSCCo r thenice N. 12' 30 EL. for a distance of 8.840 feet; the~nce N. 87? 50' As to validity of transfer of nonof Coillcion County to Charleston County. E. for a distance of 5,920 feet, thence S. 15' 30' EL. for a distance sec hiltior's note under 1 4-3- 0 of 5.430 feet; thence S. 65* W. for a distance of 2.370 feet; thence S. W W. for a distance of 3.432 feet; thence N. 85' EL. for a � 4.-3-160. Colleton Counly; Portion of Edisto Reach in distance of 13.200 feet; thence S. V' 20' EL. for a distance of 10.479 Charleston County transferred to Collelorn County; transfer feet to the intersection of Hungary Hall Branch and Dles Champs of records. Branch; thetice up tie run of Des Champs Branch ill a southwes- All that area situated in Charleston County bounded on the terly direction to the public road, thence S. 78' W. for a distance northwest by Big Bay Creek and Scott Creek to Jeremy Inlet. of 16,390 feet; thetice S. 2' 30' W. for a distance of 13,200 feet; bounded on the northeast byjereirny Intle. on the southeast by the thence S. 39' W. for a distance of 4,000 feet; thence N. 4r W- for Atlatntic Ocean and the southwest by the mouth of the South a isac f87feet; thence S. 4 2' W. for a distance of 2.2480fe;hncS.3 Edisto River. which area was the subject of an election held an 30' dce S 1 W. for a distancec of 32.280 feet t oito athece S.ver; August 13. 1974, by the Commissioners of Election of Charleston 30'uW. for Satistaof126feetRve to ah einn point on Safeet Rivr;hes County and by the Commissioners of Election in Colilton County thneu ateRvrt h einn oin 2fe notws on November 5. 1974, the results of which elections were favora- of ralirt".1d- ~ ~ ~~~~~~~~~~~~~~ble Lo the annexation and the General Assembly having found that HIISTORtY; MI6 Code 114-64; 3952 Code 1 1444; 1942 Coude I 2989; 1932 anl provisions of the Constitution and statutes in South Carolina Code 1 2989; Civ. C. '22 1881; Civ. C. '12 J 800; Civ. C. '82 I 541; C* S. governing tile alteration of county lines having been satisfactorily 433; R. S. 4111; (4) 682; (7) 199, 261; 1855 (12) 41t8.S I1; 1888 (28) 1688;cmleiihi eeytaserdt oltnCut n 13889 (20) 507, 517; 1914 (28) 612; 1923 (32) 23; 3922 (32) 987. c m l e i h i e e y taserdt oltnCut n Cgo.isreferen,.es- annexe'd to that county. '"IC proper proportion of the existing Ats lo colsiituiiosul provisions regarding county boundaries. seoe SC Cos.Ar Chairlestonk County indebtedness of the area so transferred shall be 2. .1 12; Act 8. 9 2. .4uAtassumned by Colletoti County. As to, costictinn4ua prevabioms rcgarduig nuanbcr of counties, sce SC Coims. Art Upoat application. the clerk of court, register of mesne convey- ance. Sheriff, and probate judge of Charleston County shall fur-nish certified copies of asky judgment roll, entry on abstract of judg- � 4-3-150. Colletont County. me&-rbook. will. record, execution, decree, -deed. mortgage, or Colleton Comity is bounded as follows: on tlte north and cast by other lpapr signed or recorded in tike office of the officers, upon Bambherg County and by the Edisto River separating it from ~paymnltt of proper fees and when such certified copy is filed or Charleston and Dorchester Counties; ott the south by the Atlantic recorded in the proper office of Colileonk County. the same shall Ocean. Saint Helena Sound. and Combahee River separating it have the same force and effect in Colieton County that it had in front Beaklfort and Hamptpon Counties; an the west by Beaufort Charleston County; atid any record not so transferred shall con- Counaty frotn which it is separikied by Saint Ilecleuia Sound (lie tisite in force and effiect and each shall heave the same force and center of the sound being the lite, amid Combaliee River. and by effect itt Colletonk County as if it had been transferred and made a I lamptipto Coutity from which it is separated by Comtbaliee and Big record in the proper office in Colleton County. Salkehcaicltie Rivers, atid by Rlamtberg County. Where streams are HISTOity; 1975 (59) as. 309 310 E6. ~~~~~~~~~~~~~~~~~~~~BOUNDARIES oG EISIGCNrES 4 314 ODAES OF EITING CouNFIES 04-3-200 lEditor's Note- 'Ihe prva~sasie i I,. M Act No. III (1975 (59) 88) provides-. HISTORY- 1W6 o~ide � 14-57; 1952 Calde I 14467; 1942 Co&s 1292; 1932 "W11CreAN. aJS I.C11041 was lield by she Cominissioner& of Election of Charles- Case~29;Cv. C. '22 1 084; Civ. C. 'I 2 J,683; I909 (26) 86. Annt County pintsuasA in ares order by tihe Ilonorabllcjohn C. West. Governor oif Suadts Carolina. oil IuLcsday. August 13. 1974. Ao dtlenseisie whether a pan of Ilse Cosreferences- Edisto RcAch as ca ilk Charleston County shouldl be annexed in WCoetosi Co~unty; As to cotuspijusion4l provisions regarding counsty boundaries. see SC Const. Art and ~~~~~~~~~~~~~~~~~~~~~~~~7.16 12; Arn B. 12. *'WheteAS. in If se elections fifly-six wales were call in favor of the mannexaltmos As so constitutiounal provision regarding number of counties, see SC Coost1. An and nine votes wsese cast againt diLte annsexation. his being mnore lima tov-thirds 8. 1 S. of7 lie votes cast is. favor alkercof- asid -'Whereas. ass Elecnuus was held in "Collose County at the same sinse as the gcisseal alcoitjus 1wdl ask November S. 1974. to deaertusine Ishe wishes of the �4-3-190. Dillon Couusly; creation of Huggins township. efcctodioc ilt atsn-aissg tle subject area; andAlofhaaraowatinrstykonasanngonhp "Wltacils, its the clesaton' foot thousand three hundired tainexcen votes were A l o f t a a rafwhtipesnykonasMnngonhp -ast ill favor of thse .jsnsnxdtionj ased osse dlsotsansd five hundred sixty-five voe lying south of Maple Swamp, extending from the Little Pee Dee were cast .tgaiuss Ilse disssesamion. tin being moare than a maj~ority of votes cast in River to the intersection with the Atlantic Coast line Railroad and f.avo and thence along the right of way of the railroad to Bethea township is *Whescas. [fie ... ntuutional and statuter requiirements have beet, complied hereby created a township to be known as Huggins. Wash. Now. dibref. ie. -11- at en&AClcd by like General Assembly of shecState of Sooth Carndinaw- HISTORY. 1962 Code 1 1447.1; 1961 (52) 583. �4-3-170. Darlington County. J 4-3-200. Dorchester County. Dad ington County is hounded as follows: on the souathwest by Dorchester County is composed of all that territory formerly a Lynch's River amid Lee County, beginning at the nanuth of "title portion of Colleton County comprised in the townships Of George. Lynch's River;, thence down Lynch's River a distance of 3 miles Koger, Cam. Burns. Givh-ans, Dorchester and that part of Collins "cear Kcllc:Y's Bridge 1/4 of a mile south of said bridge; thence N. township formerly ins said county of Colleton lying north of the 42' E- 3 miles to Ashland Methodist Church; (hence N. 22T E- public road leading front Parker's Ferry. upon the Edisto River, to crossing tlte Chtcsterfield Road between the property now or a public landing known as Lowrades' Landing, upon Rantowles formerly owned by J. E. Woodhans and the property now or Creek, and ail that portion formerly of Berkeley County included foi mnetly owned by]J. W. Gardner 2.62 of a mile to Stuckey's gate within cthe following lines. to wit: from thle intersection of tihe oil fihe Old State Road; thence down said road �Y of a mile; thence county jisse betweest Collation and Berkeley Counties with the run dtte south 2.62 of a 'mile to Liberty H-ill Church, at tile head of of Four Holes Creek a straight line to a point upon Saw Mill Sparrow SwataiP; thience down Sparrow Swamp to a point in the Branch one mkile northeast of the Sotihern Railway; thence along Marco Mail laPnd Atoma property now or formerly owned by B. A. said branch to the former Colleton County line, and thence back H owls; dtence in Cypress township S. 28' E. 11� miles to Long to tile starting point along the former line of division betweest Bratach; thette up bald hi eet)c 'A of a mile; thence S. 28' E. I ~i Colletoan and Berkeley Counties. And is bounded northeast by 'Atlles to Screeches Blanch; thence due south 3 miles to the Lamar Berkeley County. from which it is separated by the Four Holes township line; thence following said litte to Lynch's River; uthence Swamp Jinwn thle intersection of said swamp will, the old district down said river to Sanider's Bridge; thence by an air line running line (drawn front Nelson's Ferry. on the Satntee River. to Mat- to ilte point where tile Cheraw and Darlington Railroad crosses thews' Bluiff. on Savannah River) to the intersection of the rttn of Iliga [fill Creek; thence down High [fill Creek to its confluence said Swamp will, the old county line between Colleton and Berke- With Black Creek; thetice up Black Creek to Muse's Bridge; thence l e y Cousaties; and by a straight line running thence to a point following ikec direction of a straight line running from Muse's upon Saw Mill Branch one mile northeast of the South Carolina Bridge to Cashua's Ferry until Back Swamsp is reached; thence and Georgia Railroad, and thence along said branch to I he old down Back Swamap to I lerruig Creek; thence down said creek to it division line between Colleton and Berkeley Counties; and thence cossilti-ice with like Ct eaft Pee Dee River; thence up the Great Pee by said old division line to the point where said line intersects (fie Dot to) thle moiuth of Cedar Ca cek; thence up Cedar Creek and its division Isine beiweens Charleston and Berkeley Counties: on the 311 ~~~~~southeast by Charlestost County. front which it is separated by the 313 E-7 � 4-3-200 COUN tIES BOUNOARIES OF EXISTING COUNTIES 4-3-240 old division line between Charleston and Colleton Counties to HIORY. 1962 Code � 1468.2; 1969 456) 54. Lowndes' Landing, on Rantowles Creek; southwest by Colleton County. from which it is separated by the public road leading from � 4-3-230. Dorchester County; additional area of Charleston Lolwndes' l.anding. on Rantowles Creek, to Parker's Ferry, on County transferred to Dorchester County; designation of Edislo River; and thence by the said river to the intersection of area. said river with the old district line down from Nelson's Ferry, on The portion of Charleston County described below is hereby Matthews' Bluff; and on the northwest and northeast by Orange- annexed to and made a part of Dorchester County: burg County. from which it is separated by said last-memntioned Beginning at a stake on what was the Bereley-Charleston disurict hisle. County line. what is now de Berkeley-Dorchester County line, and ISoI'ORYs 1962 9eI 14-68; 1952 Code �14-61 1942 Code � 2993; 192 running in a southwesterly direction for a distance of four thou- Codle 2993. C1. C. '22 565; CUr. C '12 5604; Clv. C '02 I 544; 1607 sand one hundred thirty-two and twenty-two hundredths feet along what is now Charleston County to a stake on what is sCrto rrenctsre s. c commonly known as the Owens Road. the old Dorchester-Charles- As to constiutioons. provioims regmtfing omuly boundar/cs, see SC Const, An l7 1 12- Ant 8. J 2. ton County line; thence, running in a Northwesterly direction for a As to 'oasationgl prowvum. r slArdiong unudr of cou.tics, see SC Con". An distance of nine hundred twenty feet along said Owens Road and 8. 53. Dorchester County to the center of the run of what is commonly known as Sawmill Branch, the old Charleston-Dorchester County � 4-3-210. Dorchester County; portion of Lincolnville area boundary line; thence. running along said Sawmill Branch in a in Charleston County transferred to Dorchester County. northeasterly direction to the old Berkeley-Dorchester-Charleston That portion of the Lincolnville area in Charleston County County lines; thence, running in a southeasterly direction for a which was the subject of an election held March 14 1967, by the distance of eight hundred seventy-nine and five-tenths feel along coumnissioners of election for Charleston County, the results of the old Berkeley-Charleston County line, now the Berkeley-Dor- which election were favorable to the annexation., and the General chester County line to the stake designated "B" on a plat of J.N. Assembly having found that all provisions of the Constitution of Frank, surveyor, dated 12 August. 1968. South Carolina, 1895. governing the alteration of county lines HIrnSTORY: 1962 Code � 14-13; 1969 (56) 53. having been satisfactorily complied with, is hereby transferred to Dorchester County and annexed to that county. The proper � 4-3-240. Edgefield County. pruportiom of the existing county indebtedness of the area so Edgefield County i bounded as follows: on the north and transfe-rre shall be assumed by Dorchester County. the county to northeast by Greenwood and Saluda Counties; on the southeast by whliclh the area is tranasferred. Aiken County; on the south and southwest by the Savannah River, HItSTOHRY; 1962 Code i 34-68.1; 1967 (55) 316. which separates it from Georgia and McCormick County. which latter county is separated front Edgelield County by a line begin- � 4-3-220. Dorchlester County; additional area of Charleston ning on the Greenwood-Edgefield County line more particularly County transferred to Dorchester County. described il the boundaries of McCormick County. and running in That portion of Charleston County which was the subject of an a westerly direction to a stake about KV of a mile west of the old election held October 29 1968 by the conmmissioners of election of White place; thence in a straight line S. 13' E. 10,978 feet to a Chailestlon County. the results of which election were favorable to stake; thence S. 77' W. 3.750 feet to a stake; thence S. 13' E. 8,522 the annexation, and the General Assembly having found that all feet to a pine; thence S. 35' 45' E. 20.400 feet to Cochran's provisions of the Constitution of South Carolina. 1895, governing Bridge, on Turkey Creek; thence S. 26' 30' E. 1,680 feet to a point the alelatioll of county lines having been satisfactorily complied where a branch crosses a public road; thence S. 59' 30' W. 27,908 with, is hereby transferred to Dorchester County and annexed to feet to the run of Big Stevens' Creek; thence down the run of Big that coullty. The proper proportion of the existing county indeb- Stevens' Creek to a stake; thence S. 50' W. 22,828 feet to the tedness of the area so transferred shall be assumned by the county South Carolina-Georgia line in the Savannah River. and in addi- to which the area is transferred. tion the following territory transferred fromn McCormick County by 314 315 E-8 BouNOamira ot ExISmING Coum-rtEs 1 4-3-280 BOUND)ARIES OF EXISTING COUNTIES 144-331 0 As lo coaasititutiwl provisiun fegaiding nuataber of counties. see SC Const. Art it. A 3 ~~~~~~ ~~~~~~~~~~~~~~cross references- As to constitutional provisions reg~arding cuunty boundaries, see SC Coast, Arn 7. 5312; Art S. 1 2. �4-3-270. Georgetown County. As to counsitusional provision regarding atuzaler of courantis. see SC Const,. Art Georgetown County is bounded as follows: on the north and S.IS northeast by Marion County from which it is separated by tile Great Pee Dee River from Britton's Ferry to it~s junction with the � 4-3-300. Haunpton County. Little Pee Dee River; on the northeast by Harry Country front Hampton County is bounded as follows. ont the northeast by which it is separated by the Great Pee Dee River from its junction Colleton County from which it is separated by the Combaltee and with dile Little Pee Dee to its junction with Bull Creek and thence Salkehtatchie Rivers, on the northwest by Allendale County, on the by %,aid creek to Waccamnaw River and thence by said river down to southwest by the Savannah River which separates it from the slate a poiltt about half a a-ile below Prince's Creek and thence by a of Georgia and on the southeast by the counties of jasper and hlie running N. 86.5' E. 5 mites and 67 chains to a cedar post on Beaufort. the seashore planted at low watermark; on tite southeast by the 3ttsTORY; 1962 Code I 14-73; 1952 Code � 14-75; 1942 Code 1 3000; 1932 Atlantic Ocean, including all the islands between the last-aten- Cade I 30110 Civ. C. '22 1692; Civ. C. '12 1 fill; Civ. C,. '02 1 551; C. S. tionsed cedar post and the mouth of South Santee River; an the 420; . IL. 479; 1878 (16) 375; 1932 (27) 827; 19114 (28) 426; 1916 (29) 754; south and southwest by the counties of Charleston and Berkeley 1919 (31) S. fious which it is separated by tile South Santee and Santee Rivers Cross references- as far up as Leateud's Ferry; on the west and northwest by As to consusuiostatiat provisiutia regarding counity boundaries, see SC Coint. Art Williamksburg County frorn which it is divided by the main road 7.11 2; Art B. 1 2. inerocone. Scos.Ar A. to constitutionAl provision regardingnrb ocutisseSCCa.Ai a leading front Leneud's Ferry an the Santee River across Potato 8 3 Ferry on Black River to Britton's Ferry ott the Great Pee Dee. HIISTORY; 3962X Coide I 14-72; 1952 Cade 1 14-72; 1942 Code 1 2997i 3932 Code 1 2997t Civ. C. '22 1 689; Civ. C. '12 1605; Civ. C. '02 I 548 C. S. � 4-3-3 I0. Horijy County. 4111; R. S. 4172; (4) 662; (6) 407.470; (7) 199. I-lrry County is bounded as follows: on cite souttheast by the Cross references-- Atlantic Ocean, a line of 31 miles; out the northeast by the North As to CGaaltil&tiua41 11Mv1340115 regArding county boundaries, see SC Coont, Art Carolina line, beginning at a cedar stake (marked with nine 7.11 2; Arn B. 12. .notches) on the seashore of Goat Island, about 1 j/4 miles cast of As to cantitusiun~Al provision regarding number of counties. see SC Coast, Art the mouth of Little River, and ruitning from thence until it I1 intersects Lumber River. about 5 V4 msies to the cast of Newsom's Ferry; on the nortltwest. west and soutltwest by Dillon. Marion and � 4-3-280. Greenville County. Georgetown Countsies front which it is separated as follows. by Greenville County is bounded as follows: ott the tnorth by the Lunther River to Little Pee Dee River; thence. by Little Pee Dee Nordh Caroliata lite; on tlfe east and southeast by Spartanburg amtd River to its junction with Great Pee Dee River; thence by Great , -urcats Counties fromt which it is divided as followsi: from Spar- Pee Dee River to its junction with Bull Creek; theatce by said creek -a.burg Coutaty. by a line commnteacing oat tile Nortlt Carolina lite to the Wacc~ntaw River, and down this river to a point about half at a stone iInatkktd "S. C,,` oil thle cast side of Blackslock Road a anile below'Prisice's Creek; anti tlsence by a line runtnitg over to near the Tryons Mountaias and ruatning S. 2' E. 22 linlet and 64 a cedar post on tile sea!,tore N. 86.5' E. 5 miles anid 67 chains. chaiins or until it intersects the Enoree River at Abater's Mill; HISTORY. 1962 Code �3-i 1952 Cade I 14.76; 1942 Cade 1 3001; 1932 thence down tlte Knoree River to a point about I-Y aniles below Cade I 3001, Civ. C. '22 � 693; Civ. C. '12I 6162; Civ. C. '02 I 552; G. S. Atider son's Bridge (tihe corner of Greenville and [Laurens Court- 4231; Rt. S. 480; (4) 663; (5) 4437, 544. tis;from Laurens County, by a line comnmencinag at said point C ~ ross rcefreoaces- (opposite ZLadock's Ford) anid runnainlg S. 1 7 W. I1 Iniles attd 60 As to coiihtauttosial provisionts regarding coutaty boundaries, see SC Coiist, Art ctains to a point; thtence S. 4' E. 3 unites and 45 chains to a water 7. I 32; Asat 8. I2. Oak mtarked "L. C." onl Reedy River; thence runnI'itig to tlte Ktouth As to C"11*iitt1uitala~ pr"Visid.lk regarlting lutustber of counties.! Ice S-C. conass., 31 9 ~~~~~~Art 8. � 3. 319 ~~~~~~~~~~~~~~~~~~~~~~~321 E-9 � 4-3-320 COurrt.s BOUNDARIES OF EXISTING COUNTIES * 4-3-330 � 4-3-320. Jasper County. of the Savannah River at Screvens Ferry; thence S. 6rO W. a Jasper County is bounded as follows: beginning at a point in the straight line to its intersection with the South Carolina-Georgia Savannah River. where the township line between Lawton and State line; thence with said South Carolina-Georgia State line with Goethe township on one side and Robert and Coosawhatchie on its various courses and distances to the beginning point. Said the other in Hampton County intersects the South Carolina-Geor- county is hereby named Jasper. and the county seat thereof is gia State line; thence with said line between said townships to its hereby established in the town of Ridgeland. intersection with Coosawhatchie River; thence down the said run And in addition to said boundaries Jasper County includes the of Coosawhatchie River with its various courses to its junction with land formerly in Beaufort County. which was annexed to Jasper Tulecinnie River; thence down the same with its various courses to County in 1950 by act of the General Assembly (Acts 1950, p. its intersection with tile western side of the right of way of the 2332). described as lying west of New River and the run of Great Atlantic Coast Line Railroad Company; thence up said western Swamp known as and constituting Yemassee township. side of right of way to its intersection with Pocataligo River. Part of the old Charleston and Savannah turnpike line. between thence down die same with its various courses to its junction with Hazel road and the southern boundary of said Okeetee Club Broad River; thence down the same with its various courses to a property is hereby transferred to and made a part of Beaufort pine tree X 3 N. on Belia Point on the south side of Coles Creek; County. thIleuce a straight line to the median line of Hazards Back Creek litfSTORY: 1962 Code ! 34-771 1952 Code � 14-771 1942 Code 3 3002; t932 opposite Buland Hlall; thence down said creek to its junction with tCodR 3002; Civ. C. '22 5 694- 1912 (2T 827; 1914 (28) 626; 916i (29) 754; Eutaw Creek; thence down said creek and through the nearest 1939 (41) 536i; if (4s) 2332. waterways to a point on Manigaults Neck where the land line dividing the land now or formerly owned by the Chelsea Club As to ost regarding county boundaries. see SC Cons An As to constitutional prsvisions regarding cunt boundaries. see SC Coast..Art from the land now or formerly owned by Fripp intersect said creek 7. 12; An a. 2. or waterway; thence with said land line to its intersection with the As to onstitutional provision regarding another of couties, see SC Const. An Fripp public road; thence down Jasper County side of the said 8. . Fripp public road to its intersection with the Hazcl road; thence westerly along the Jasper County side of said Hazel road to its CASE NOTES intersection with a public road at or near Hazel Episcopal Church; Annexation of Yenassce township nearly in Beaufon County. by Jasper theince westerly along the Jasper County side of said public road constitutional-Act No. 970 of 1950 County. is valid and constitutional. intersection with the Charles ad Savanah turpike; 11950 (46) 23321 providing for the Baufortun County vJasper Couny. 220 ito its annintersection with the Charleston and Savana turnpike;annexation of Ycmassee township. for- SC 469. 68 SE2d 421 (1951). thence the Jasper County side of the said turnpike to a point opposite its intersection with the southern boundary line of the land now or formerly owned by the Okeetee Club; thence across � 4-3-330. Kershaw County. said road to said boundary line; thence with said line in a westerly Kershaw County is bounded on the southeast by Lee and direction to a corner where said land line turns in a northeasterly Sumter Counties from which it is divided by a line beginning at direction; thence oil said line in a northeasterly direction with said Spivey's Ferry on Lynch's River and extending along the Lee line three fourths of a mile; thence a straight line with said line County line to the point where the line between Lee County and westerly to a point where the said boundary line of said Okeetee Sumter County meets the line of Kershaw County; thence in a Club land intersects the former county line of Hampton and southwest direction along the Sumter County line to the Wateree Beaulort Counties; thence with said county line in a southwesterly River; on the southwest by Richland County. from which it is direction to its intersection with the northeasterly b.iundary of the divided by a line beginning at the Wateree River, opposite to the Savannah and Augusta public road; thence in a southeasterly last-mentioned point. and running S. 66' W. or by Raglin's Creek direction with said northeasterly boundary of the Savannah and to Speer's Creek; thence up Raglin's Creek to its head; thence by a Augusta public road to its intersection with the Charleston and straight line N. 40.75' W. 10 miles 17 chains; thence N. 56.5' W. I Savannalh public road; thence down the westerly boundary of the mile 14 chains to a point over Rice Creek on Peay's plantation. said Savannah and Augusta public road with its various courses nearly half a mile above the fork of Twenty-five Mile Creek; on the and distances to a point on said road two miles froltl the east bank west by Fairfield Coulnty, from which it is separated by a line 322 323 E-10 i~~~~~~~s . MINERALS AND MINERAL INTERESTS IN PUSkL1C LANOSS 10-9-35 ~ 1- 5 PUBLIC Buiwsitr &.ND PaorcrTy jslSTORY; 1962 Code 5 1-442; 1952 Code � 1-442; 1942 Code S 25187; 1936 (39) 1668;Fud soacmledhllbexned nyfrthfoown 5950 (46) 3405; 596 (54) 590; 1976 (59) 1582.Fudsoacmltdhlleexnednyfrtefllwn fifect of Aumadmeal - ~~~~~~~~~purposes. Th 96,ieidiefecti v y 1,196 softtue "inuraneads -cr ud (1) To retire the banded indebtedness incurred by South Carolina-, for17 aangec.clev MAy Ii.56.uhniuc surance rsinking fun~d." (2) For capital improvement expenditures. for *.~~n iiisurance s~~okiuag fund." HISORY. 1977 (80) 832. 10-7-140. Reduction of premisiwnFAB-aior's Note - ' his section is effective June 14. 5977. sunk of five percent of the total insurance in force, then annually thereafter thke State Budget and Control Board shall proportionately decrease the premium of insurance to an amount wvhich %will be sufficient to maintain the insurance reserve funds at five percent of the total insurance in force, and if in the judgment of the board the income from the investment of the insurance reserve funds is sufficient to maintain the insurance reserve funds at five percent of the total insurance in force, no premium shall be charged for the ensuing year, except that no building or property insured by the board shall cease to pay premiums until five annual payments shall have been paid even though such payments increase such insurance reserve funds beyond thiesum equal to five percent of the total insurance in forcer. HISTORY. 5962 Code 5 1-443; 1952 Code S 1-443; 1942 Code S 2187; 1936 (39) 5668i. Edifioc's Note - *Insuraunce rtser'e fuaads" has ticoa substitutcd for "iistur.nce sinking fund" and "insurantie fund" in this secuan in accordasace wall afic 1976 aancndmnazt oi 5 0-7-130 CHAPTER 9 Minerals and Mineral Interests in Public L-ands GENERAL PROVISIONS S*.c 50-9-35 Depsia and cxpndnure of revenue detived fromn offshore oil leases. 10-9-35. Deposit and expenditure of revenue derived from offshore oil leases. In the event ditht he State of 'South Carolina is the recipient of revenues derived froin offshore oil leases within fliejurisdiciticiaal linkits oifthe State stuh revenues shall he deposited with dhe State'lTreasurer in a special fund and shall be expended only by authorizations offlhe General Assembly. 7 1 72 E- 11 ~ l0-9-I0 PUBLUc BUILDINGS AND PROPIERTY 9Ain jur Legal Formts 2d. Gas and Oil. 1� 129:161-129:209 (collaeal" forms relaitijallS leases). AL sand L Ed Annotations- CHAPTER 9 Abanduinment of oil or gas lease by painol deetaralioflL 13 At.R2t 951. Nl?.-lutlby of reluedy as essential to granting of specific perfolnance. in Oil. gas, M~inerals and Mineral Intereabs in puli Lands and mnijeral Ieases and license.- 22 ALM~ UN8. Ssoi for refo"Massan of gas and ad lease. 36 ALR2d 69. I. General t'rovsst~~~~~~~~~~~ns- ~Oil and gas as -pAfi5cf5h5 wid deed, -ease or license. 37 ALR2d 1440. 3. nra WGVWopbaie Estoppel of oil and gas lesste deny lessor's tide. 87 ALR2d 602. Awucl-L 3- PIA-60kale- R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~~~Iights. under adl and gas lease deed, -r sales ecostract. to -disuillate." ~con- densate." oir "limural gsleY38 ALRAd 983. APTICLE �10-9-20. Minimum royalty. No such least shall provide for a royalty Of less than twelve and GENERAL PROVISIONS one-half per cent of production of oil and gas from misc lease. Src ~~~~~~~~~~~~~~~~~~~~~~HISTORY; 1962 Code 5 1-362; 1952 God" 5 1-362; 1944 (43) 1428. 10-9.-ID Lease of gas. oil arid certain other irntner'-sl 10-9-20. Milvilutuft royAlty. keseazeb and t'ractica 114feresces- 1093.ltases subject to co"Servato" laws; lease of rights tspso offlshorc -id 38 Am jur 2d, Gas and Oil 1 86. ,eater Slate lands. 12 Anm )Ur Pi k Pr Fourms JRev, ed). Gas and Odl. Forms 61-OS froyallies). t0-_--t, Authority coaferied by article is cum~ulative. 9 Ainjur Legal Forms 2d. Gas and OGa. Al 329:51-129:56 troyaliles). ALR and L Ed Antnotis~on- � 1091. Lease of gsa, oil and certain other Minerals. Construction and effect of provision Min iuneral lease excusing paymtent of The Public Service Authority may, through its board of diree- mineral rent tic royAlty. 28 ALR2d 13.Alin esrsoil ndg tors. inake and execute lea-%es of gas, oil and other minerals and xpenses aortxe oe~ithler bylseeincmuting les3r oil~ and5g lineral rights, excluding phosphate and time and phosphatic "Shut-in royalty" payinent provisions in oil and gas lieases 98 A~l-2d 345. dleposits, over and upon the lands and properties owned by said Authority; and the State Budget and Control Board and the forfeited land comsmissiofls of the several counties of this Stale � 10-9-30. Leases suabject to conservationS laws; lease of may. witll the approval of the Attorney General, make and execute rights upon offshore and otlher State lands. hudi leases over and upon the lands and waters of the State and of Nothing contained in this article shall estop the State from lilt several couttties tinder the ownership, management or control enacting proper laws for the conservation of the oil, gas and other ol 5uch Board and commissions respectively. mineral resources of the State and all leases and contracts made HISTOY; 192 Cod 9 1361; 952 Cde 1 -361 1944(43) 423.under authority of this article shall he subject to such laws; 11131ORY,1982 ode 1-381 195 Cod 1 1-81; 1544 43) 425-prov4.icded ihat -the State Budget and Control Board may negotiate Cross refegences-- for leases of oil. gas and other mineral rights upon all of the lands As to the coutpositiln, duties and powers of State Budget and Control Board,adwaesothSaeicungosormrial ndsb As to lands sulijact to contl ol of state Budget and Control Board, see I 1-11I- merged lands. As to a definition of "aunrerals" for purposes of the South Carolina Min~ing Act, fitSTO0tY: 1962 Code I t-363; 1952 Code i 13653; 1944 (43) 1428; 1958 (50) see 648-19-30(d). S. Researcb and practice References- Cross referencest- 38 Asin ]ur 2d. Gas lindl Oil � 283. As to execution of teases, *ee I 10-9--t0. 12 Ain Jur Pi & Pr Forns (R.,ev ed). Gas and Oil. Formsl 03-8 (leases). 9 Aii.]Zir tLcgal Fonnui 2.1. Gas and oil, 11 129; -1 ~29:17 (Ieascs). 9 Aiim Jur Ilegal Fomitis 2d. Gas and Oil, I �129.,15 1-129:154 (constructiont of � 1094. Authority conferred by article is cumulative. leases) ~~~~~~~~~~~~~261 The aut1hoi[ty conferred upon The Public Service Authority, the 262 E-12 MINE~RALS AND MINERAL ltrlrcka!srS 10-9--I1 to 10-9-1 10 PUBLIC BULDINGS AND PROPEJI~ State Budget and Conts-of Board and the forfeited land commis- CASE NOTES sions by this article shall he cumulative and in addition to the Board may enjoin further Operationsl the Purchasing amd Property Division lights and powers heretofore vested by law in such Authority, such ofmininstg "GisspanY.-B.Y the provissons of the State Budges and Control State Budget and Control Board andsuch commissions.ofcthis- eftion" Code 1962 51 1-3641 Board) after 'us twenly-one-year (now Stt ugtadCnrlBor an schcmivsos ely.c and Code 1962 5 1-379. a mining cotn. ten-year) exclusive right to operate has pa"Yp may he enjoined from further expired. Cososasa Mining Co. v South 111STroY; 1962 Code 5 1-363.1; 1952 Code 1 1-36s.1;.1944 (43l) 1429. operation by the Board of Phsosphsate Carolina. 544 VS 550. 12 S CA 689. 36 Comusonr (now embraced within L Ed 537 (1892). ARTICLE 3 � 10-9-120. Protecion of state'a interest agains adverse PHIOSPHIATE dalaimants. ~~~~itC. Th~~~~~~~~~~~~~'e Board Way inquire into and protect the interests of dhe lu-9--I L. Busdget and Control board has exclusive consrio of State's phosphate State in and to any phosphatic deposits or mines, whether in die interest. IStale's intrest agains adverse ~navigable waters of the State or in land marshes or other territory 10-9-120- Protcia fSaesiur~ gis dercaimants owned or claimed by other parties, and in the proceeds of any lU-14-ISO. Board may issue leases or licenses. notice of applications. suc mines and may take such action for. or in behalf of. the State 10-91-1-10. Board way grant or refuse application for license. 10-9-150. Bond of li.censcee in regard thereto as it may find necessary or deem proper. W0--160 Additional security to bonds may he required. HISTORY: 1962 Code 5 15465; 1952 Code 5 11-265, 1942 Co"e 1 2212, 1912 1--7.Proceeding for relief of sureties; new bond and its eflect. Code 112212; Caw . Q'22 � 14% CUv-. Q'12 5 142, Civ. C- '025 5 34; ILS. 891; 1t1-9-180O. Powaer to fix and change rates for dogging phosphate. 1890 (20) gm. W09-490. Returns of roik mined. payment of royalty; rate of royalty. Reteare antd Praices Referencees- 10-IJ-200. Couiptsiller Gene"a mnoified of licenses issued. 3 Ansijur 2d. Adverse Possessions �1205. 210. ltI-9-210. turning without license; penalty. 73 CJS' Public Landse 55579. 246. tiO-4-220 Purclhastaig or receiving from uniliensed person. 12 Ain Jur Legag Farms 2d. Mines and Minerals, 11 175.-o101- I 75o5 (adverse 111-9-250. Penalty for violation of 11 l-9--220. daimis and protests). tIII-9--2-I0 Board may sake proceedinsgs to present intefecrence, obsintrsctun atsd tlie like. CASE NOTES Wt-9-250 FONfeislur Of boats. ',essels, dredges. and the like abed by unlicensed pershons; enforcement proceedings. Equity jurisdiction.-Suit to prevent oily. Coonsaw Min, Co. v South Caro- 1U-9-160. Interfering %,itlh StAte. Board or licensees; gaining without license, illegal interference with control of lins. 144 US5 550, 12 S C, 689. 36 L Ed 155-9-270 Annsual report to General Assemibly. Phosphate mines is cognizable in eq- 537 (1892) �10-9-1 10. Budget and Control Board has exclusive con- �10-9-130. Board may issue leases or licenses; notice of trol of State's phosphate interest. applications. The State Budget and Control Board shall be charged with the linhe Board may issue to any person who applies for a lease or ecldusive control and protection of thke rights and interest of the license gt-anting a general right to dig. mine and remove phos- State in the phosphate rocks and phosphatic deposits in the phate rock and phosphatic deposits from all the navigable streams, navigable streats and in ahe mrshes thereof.waters absd marshes belonging to the State and also from such of tsts~igable strems mmd in the mashes thereof. tie creeks, not navigable. lying therein as may contain phosphate ItIS-FORY: 1962 Code � 1-364; 1952 Code J 1-364i 1942 Code � 2210; 1932 rock and deposits belonging to the State and not previously Code 52230, 1 Civ. C 22 5147. CvC.'254,C.C.0253;f. 9;granted. Such leases of licenses may be for such tenns as may be 1890 (20) 69l, 3950 (46) 3605. ~~~~determined by the Board. T'he annual report of the Board to the Cross references. General Assembly shall include a list of all effective leases and k-to tshe conupositions. duties auad powers of State Budget astd Control Boardlcne. TeBadna aeafr otatfrter l oh -~Chapter II of Tuc1icess M or a aeafr otratlrte rylttob As to, sale of State's Propelity in such phtosphlitis deposits, see � 13-9-630. paid the State which shall not be increased during die life of the 55 tI, failure IC. return boa., flat Os tool tisci for ininuig phtospha~te. see � 16- license, Provided, that prior to the grant or issuance of any lease I l-t;9t1. ~~~~~~~~~~~~~~~~or liceitse, the Board shall cause to be published a notice of such 263 264 E- 13 MJINERtALS AND) MINERtAL INIVERESTS �10-4-140 j10--9-140 PUBMLIC BUILDINCS AND PROPERTY application in a newspaper having general circulation in the county Board for a license the Board mnay grant of refuse the license as it once a week for three successive weeks prior to the grant or may deem best for the interest of the State and the proper issuanice. PrewiikrL fiarlher, the lessee or licensee may not take maanagement of the interests of the State in such deposits. passebsiou if there be an adverse claim and the burden of proving HISTORY: 1962 Code J 1-368; 1952 Cade � 1.3611; 1942 Cade � 2215; 1932 o%%netAhtip in the State shall be placed upon the lessee or licensee. Code J 2215; Civ. C. '2125152; Civ. C. 121I4!~ Ci. C. 021I 138; IL S. 95, iIISTORtY; 1962 Code � 1-367; 1952 Coid. 5 1-367; 1942 Code � 2214; 1932 J I M 4 (IS) 779. Code 5 2214; Civ. C. '22 J 151; Civ. C. 125 � 44; Civ. C. '02 51371; R. S. 94; G. S. 87, 69, 20; 1878 (tO) 781. 840O 1936 (39) 13388 1937 (40) 100i 1963 CASE NOTES (53) 204; 1965 (54) M7. ilais section lCoxde 1962 I I-3881 is era. State v Hagood. 30 SC 5319. 9 SE Cross references- am0 anosuttoil5 an attenspf to MG6 (IM8)_ A7. to State Budget and1 Control Board granting easemntns; and rights of way delegate legislative powers to die A declaration of willingness to issue over vacant land or tnarahlatids. see 11 1-1 1-0 and 1-1 1-90- Doawd not does it deny equal prtc a license on the, comipliancie with cer- Research and Practice Referencell- Amendment to the Federal Coriitan odtosi ottelmto h 54 Aintjur 28. Mines and Minerals 11 120. 175. dool. Stat v "agoid. 30 SC 519. 9 SE Boards powers of discretion.-Sulte v 63 Ago ]or 2d. Public Lands I1 168. 686 (1889). Hagood. 30 SC 519. 9 SE 6W8(I88). 73 CJS. Public Lands 5 259. But the board cannot determine the And mandaisigas will not lhe go force 7 Ain Jur PI & Pt Formus (Rev eat). Mines and Milinerli, Fonns 1. 2 (state coastitutiuntality of this section lCode Board to issue license.-State v Hts. 11tittcral leases). 1962 1 1-3681 giving them their pow. good, 30 SC 519.9 SE 686 (1889). AIR and L Ed Annoalticon.- Mottialty of reuatedy as eISCORtAa to grantnag of specific perfortmance. iiiol. ad.110910.gBn flctase anal mineral leases and licenses. 22 ALR2tI 508. -910Bodflies. As a condition precedent to the right to dig. mine and remove CASE NOTES the rocks and deposits granted by any such license. each licensee daaidaumns will coat fie to force which aet nmn ompany eb'du- shall enter into bond, with security, in the penal sum of five Btoard to issue liccoic.--Under this rive nal"'g rights% for an unfainued thousand dollars, conditioned for the making at the end of every ,Cctiois lCode 1962 5 1-3671 it was the period' as long as it complied with mnho readfihu eun oteCmtolrGnrlo pl~ltl ministerial duty of the Board of term., of the Act utill be Construed with mnho readfihu eun odeCmtolrGnrlo (gliuue(ow the State Budget sand thus section lCode 1962 � 1-3671 sthith the numnber of tons of phosphate rock and phosphatic deposits so Contrl Board) to issue licenses foar a will limit the term of its exclusive dug or mined attd the punctual payment to the State Treasurer of coulnpensatiun or royally to all persons rights as such coustructionl is most the royalty provided at the end of every quarter or three months. ultw applied lto sante. but inl the light fatvorableto the State. Thts section Such bond and sureties thereon shall be subject to the approval of Code 1962 1 i-368. which was an [Code 1982 1 1-3671 forsnerly cooler- pa~~~~~~Sc~~rd atrtisscon Ioextrmoflaeusive fight for "Else fail! required by law for the bonds of State officers. illp~tcd fte ths sctin ludeter of 21 years" said it was held that HIISTORY. 1962 Cade 5 1.369; 1952 Code I11-369i 1942 Code 1 2216; 1932 It I1-3671. la Kraal or rlse the mining company's exclusive Cauning Cd 26 i.C 2 13 i.C.1 16 l.C 0 19 .5 8 license was wittiti the discretion of lk 11tepieonthe eamtoofCi 1216OvC.W�53Cv C1 4;Cv Q'tG.S boad nd iadaiiswoud ot ietotheI2,1 years. Coosaw Min. Co v South IL . 596; 1278 (16) 781. flitt tltein to issue the license. State v Carolina. 144 u SW53. 12 S Ci 689l. 36 Itagood. 30 SC 519. 9 SE 686 (6889). L Ed 537 (18112). 109 60Adionlsciygobdsayhreue. Ieagial~aute catanot give exclusive Cited in Manlufacturing Co v Brad-�10 -6. Adtonlscrytobdsmybreue. rights for ullinuited per-iod.-An axt ley. 105 US 175, 26 L Fd 1034I (1881). Whencyer the Board shall have reason to doubt the solvency of any surety whose name appears upon any bond executed for the ATFrORNEY GENERAL'S OPINIONS putpose of securing the payment of the phosphate royalty by any 1964 Act No 1271 11964 (53) 29881 person digging, tnining and removing phosphate rock or phos- iaico~siitiisl.See 1963-64 Oils. phatic deposits in any of the territory, the property of the State, Att'v (.ei.. No 1753. p 257. under any grant or license, the Board shall forthwith notify the person giving such bond and the sureties thereon and require that � 10-9-140..- Board may grant or refuse application for fi- one or more sureties, as the case may be, shall be added to the cellse. bond, such surety or sureties to be approved by the Board. lit every case iii which such application sliall be made to the HISTORY: 1962 Cade 1 1-370; 1952 Code 1 1.370; 1942 Cod.l �2221; 1932 265 M114Et4ALS AND MINER4AL INTERESTS * 0910�10-9-190 PUBLIC BUILDINGS AND PROPEFcrY Code I 2223 iv Qw. C-2 159,~ Civ. C. 112 1 151; Civ. C. '02 1 144; R. S. months, a royalty of five cents per toot upon each and every ton of 00 1 3(1) l the crude rock (not of the rock after it has been steamed or dried), like first quarter to commence to run on the first day of January in 10-9-170. Proceeding for relief of sureties; now bond and each year. ifs effect. HFlLSORY; 1962 Cod" � 1,374; 1952 Code �1 1-373, 1-374; 3942 Co"e �12217. The Board, upon petition filed by any person who is surety on 2219; 1932 Code 11 22171. 2212; Ciw. C '22 �1 154. 356; Civ. C. '12 if 147. any such bond as aforesaid and who considers himself in danger 149; Civ. C. -82 11140, 142; C. S. 66; IL S. 97; 1878 (IS) 783; last (21) of being injured by such suretyship, shall notify the person giving 5393 1893 (21) 439; 1923 (33) 89. such bond to give a new bond with other sureties and upon failure �1--0.CmlolrGnrlntfe flcne sud of such person to do so within thirty days shall cause such person The- 00 Stalere BuGetndeonral notifid ofll with rminstwenyd.y to suspend further operations until a new bond he given. But in TeSafter budge gand Cofntrolies asafreshall, withify twent Comtros no case shall thke sureties an the old bond be discharged from a fteralo the gssuin of anulch lcese, wish afoesad notify the Coptrolle liability thereon until the new bond has been executed and ap- Geerlof who issued h ing of suhe license. with the noameionfo theichs proved, and such sureties ssall not be discharged from any towhos issued.thtieotelcnsadtel-ainfrwih antecedent liability by reason of such suretyship. i a sud AliSTRoY; 1962 Cobde � 1-171i 1952 Code 1 1-37 I; 1942 Cod" 52222; 1932 IST'ORtY I98 Cod.t 1 1-315; 1952 Code 1 1.379; 1942 Code I52226; 1932t Code I52222i Civ. C. '2159; Civ. C. '12 J152; Cv. C. '02 1 145; IL S. Co&1. 2228; Civ. C. 22� 357; Civ. C.'321I 150; Civ. CM '02143; ILt. W.99 lei; 3883 (18) 364. INS9(28) 296; 1950 448) 3605. Croall referencC11- � 10-9- 180.Power to fix and change orates for digging A s to die Couptrnllkr General. sersmsaly. see It I -3-30 et Seq phe oadiheeyvspe ihfllandcmlte.pwr n � 10-9-2 10. mining without license; penalty. coTrol Boverdalm n is therebysphated terithr fulloangin cmlteowen Every person who shall dig. Mine Or remove any phosphate rock cothrolsan over all mirsnsdging omininhe phosphate tertr eongngt or phosphatic depsit from die beds of the navigable streams. this tateand oer al perons iggig or inin phoshaterockwaters and marshes of the State without license therefor previ- air phosphatic deposit in the navigable streams and waters or in ously gransted by the State to such person shall he liable to a tihe marshes thereof. with full power and authority. subject to the penalty of ten dollars for each and every ton of phosphate rock or provisions of ��110-9-130 and 10-9-190 to fix, regulate, raise or phosphatic deposits so dug, mined or removed, to he recovered by reduce such royalty per ton as shall from time to time he paid to action at the suit of the State in any court of competent jurisdic- the State by such persons for all or any such phosphate rock dug, Min n afo uhPeatshlbefrheueoteSaean mined, removed and shipped or otherwise sent to the market tib Oe afoftuhpenat shallfh for the use of the Statemer. therefrom. But six months' notice shall he given -all persons at s e o h rh l o h s fteifrsr such tim diggingor minin phospha e r ock i such naigable ISTORtY: 1962 Code � 1-376; 3952 Code 1 1-376, 1942 Code I 2226i 1932 such Lime digging ormining phosphate rok in such navigableCodke � 2225; Civ. C. '22 � 162; Civ. C. '12 1 155; CAY. C. '02 � 148; G. S. 65; streams, waters or marshes before any increase shall be made in R. S. 104,;1877 (IS) 306. tile rate of royalty theretofore existing. ALR mad L �d Annotatiosm- HIISTORY. 1962 Code � 1-372; 1952 Code � 1-372; 1942 Code � 2219, 1932 Treapasser's right to credit for expenditures in producing. as against his Cade � 22318; Civ. C. '22 � 355; Clv. C. '12 � 148; Civ. C. '02 �14 1; Rt. S. 98; liabiiity-'6;r value of. oil or minerals. 21 ALRt2d 380. 3897 (22) 504. �_10-9w-220. Purchasing or receiving from unlicensed per- � 10-9-190. Returns of rock mined; payment of royalty; rate son. of royalty. It shall be unlawful for any person to purchase or receive apy Each person to whom a license shall be issued must, at (he end phosphate rock or phosphatic deposit dug. mined or- removed of every month, make to the Comptroller General a true and from the navigable streams, waters or marshes of the State from lawful return uf the phosphate rock and phosphatic deposits he any person not duty authorized by act of the General Assemubly of itkay have dug or mined during such month and shall punctually this State or license of thle Board to dig, mine or remove such pay to shle State Treasurer, at thle end of every quarter or three phosphate rock or phosphatic deposit. 287 268 E-15 h(IN~thL-S ANlD MINERAL INTERESTS 5 20�3~95~ PUBLIC BUILDINGS AND PROPERTY IIISTORY: 1962 Code 1 3-377, 1952 Code 1 1-377i 1942 Code � 2226, 1932 and pohaidestsfrom any of the marshes. navigable waters Code 0 2226; UiV. C, '22 � 163; Civ. C. '12 i 156; Civ. C. '02 � 149; G. S. li, popacdpt Rt. S. 105, 18717 (15) 305. or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, mariffe dredge or other appliances for Cr." refeircivics.- such mining or removal, without the leave or license of the Board Ab to lmndilis. see � 14-4-230. ~ ~ ~ ~ ~hereto first had and obtained. all such boats. vessels. marine dredges and other appliances are hereby declared forfeited to and �10-9-230. Penalty for violation of � 10-9-220. property of the State, and the Attorney General, for and in behalf Any person violating 9 10-9-220 shall forfeit to the State the of the State, shall institute proceedings in any court of compeent sum- of tenl dollars for each aiid every ton of phosphate rock or jurisdiction for the claim and delivery thereof, in the ordinary phosphtic dposit o purhasedor recived.to be ecoveed byform of action for claim and delivery, in which action the title of puphaicn deoits n copurtfchaiede orurecivediction One halfofee sby the State shall he established by the proof of the commission of autto ii;any ourtof cnipeeni urisictin. Oe haf ofsuchany such act of forfeiture by the person owning them, or his forfeiture shall be for the use of the State and the other half for agents, in possession of such boats, vessels, marine di-edges or ilie use of the inforuger, other appliances. lit any such action the State shall not be called HItSTORtY. 3962 Code 0 1-378; 3952 Code � 1-378; 3942 Code 1 2227; 1932 upon or required to give any bond or obligation such as is Code 0 2227; Civ. C. '22 1 164, UiV. C. '12 1 157, Civ. C. '02 f IW, C. S. 67; required by parties plaintiff in action for claim and delivery. R. S. 106; 1877 (16) 30S. ~~~~~~~~HISTORY. 1962 "ad I 1-380; 1952 Code � 1-380; 1942 Code I 2229; 1932 Code 0 2229; Civ. C. '22 0 166; Civ. C. 'I 2 1 159; Ci. C. '02 J 152; Rt. S. �10-9-240. Board may take proceedings to prevent inter- l083 1890 (20) 694. ference, obstruction and the like. � 10-9-260. Interfering with State, Board or licensees; usin- Should any person whosoever interfere with. obstruct or molest ing without license. or attempt to interfere with, obstruct or molest the Board or Any person wilfully interfering with, molesting or obstructing or aliy~un by it authorized or licensed hereunder in the peaceable attempting to interfere with, moclest or obstruct the State or the possessioli and occupation for mining purposes of any of the State Budget and Control Board or anyone by it authorized or 01i'rSlIS, navigable Streams oF Waters Of the State, then [he Board licensed in the peaceable possession and occupation of any of the ielay, in the name and on behalf of five State, take such measures marshes, navigable streams or waters of the State, including the or proceedimsgs a-i it may he advised are proper to enjoin and Cooisaw River phosphate territory, or who shall dig or mine or terminilate any such molestation. interference or obstruction and attempt to dig or tuine any of the phosphate rock or phosphatic place the State, thirotugh its agents, the Board or any one under it deposits of this State without a license so to do issued by the authorized, in absolute and practical possession and occupation of -Board shall be punished for each offense by a fine of not less than such niar-shes. navigable streanas or waters. one hundred dollars nor more than five hundred dollars or IIISTORtY. 1962 Code � 1-379; 1952 Code � 1.379; 19-12 Code 0 2228; 1932 imprisonment for not less than one nor more than twelve months, C-de 02228; Civ. C. '22 0185; UiV. C. '32 0 158; UiV. C. '02 0 153; It. S. or both, at the discretion of the court. 107; 1690 (20) 693. HISTORY: 1962 "ad 0 13.3fi~ 1952 Code 13-381; 3942 Code 1 1259; 1932 Code 131259; Cr. C. '22 03154; Cc. C. '12 ~305; Cr. C. '02 0 225; R. S. 535; CASE NOTES 1890 (20) 694; 3950 (46) 3605. Equity lids juruisdutoal over a suit by caseb of Waste, public nuisances and �1--7.Ana eott eea seby 411e St~lc go pievent Illegal3 iniciferecce purirprstui-e. Cousaw Miul. Co v so u g 09-2 nul rpr oGnea seby usl lib 011o`0 oves- phosphaic fliioes CamoliA. 144 US 550. 12 S Ck 0119. 36 The board shall report annually to the General Assembly its .0 thegiu: d alU1r1 Jul RC11 sr stimilair 10 L Ed 537 (1892). - actions and doings under this article during the year to the time of ,[de ill %which equity interfeleb in ~the meeting of the Assembly, with an itemized account of its expenses for the year incurred in connection with its duties and � 10-9-250. Forfeiture of boats, vessels, dredges, and the powers under this article. like used by unlicensed persons; enforcemnent proceedings. IIISTORY. 3982 Code 0 1-382; 1952 Cod.� 1 3382; 1942 Code 02224; 1932 Should any l)Crsof attempt to mine or reliove phosphate rock Code 02224; fCiv. C. '22 1 163; Civ. C. '12 J 154; Civ. C. '2 03147; Rt. S. 130; 1890 (20) 693; 1892 (21) 383; 1950 446) 3605. 269 270 E- 16 STArE OEVELOrsiENr BOARD 13-3-100 13-3-90 l'ANINIM,t. Itk-SLACIuIa AND)l~uoisL (c) TO build. acquire. construct anid miaintain powerr houses anid ii,~ ~ ~ ~ ~ ~~11,41 111,01% .~lii..,or.r ~'ib uni . h~ rer 'it. s any amid all si ruciures, way.- anid means necessary, useful or 1"1 11(bilArI' l hn y'0O iSI rlsi w,,rt isl* -6 custonkarily uised anid emnployed in thle construction of highways, in 1.111c rvelc.spn. r~.I- by thr lltial- 5t- S*MC for ' $ the covistrur tiori and operation of railroads and inl the nianufac- ~~ 3-5-10 MflI 5-5-320 ~~~~~~~ture, generation and distribution of electricity and any and all other kinds of power. including power transmission lines, Poles, � 13-3-100. Assumuption of duties formerly exercised by telephone anid telegrapls lines, substations, transformers anid geti- oilier boards%, collmissions sand councils. erafty all thrings used or useful in the manufacture, distribution acid [bie jor nier State P'lanning Board, State Board of I-ousing, purchase of power and electricity; provided, that electric current fulilding Coutlicil of Soutit Carolina, South Carolina Corolvrlm:n produced shall be used by tire Board and that none of it shall he DesCluplaient Boat-d' South Carolina Intra-Coastal Waterway Cant- sold; ilkission, Souolh Crln oardfrPooino EtralTa, (d) TO acquire or to build, construct, equip, inaititain and arid Naini-al R,,sourcos Conitasission hkaving been abolished. tlte operate one or miore railroads with any motive power, one or State Developmenct Board shall have tihe following aidditional1 more highways or Other methods, rmeanis or ways of commrerce or duties formerly iniprjsed oti such boaids, consaissions and coutm- transportatioin of of cotlikunuzicaticon, telegraph or telephoite lines, fils: electric lines, pipe lines. comntrissaries. houses, caisips, takes. fills, (1) (State Planrning Board) damns, reservoirs. ditches, drains, roads, tunnels, culverts, bridges, (a) lao confeCr and cooperate with fthe eXectltiVC, legislative anld conduits, shops and depots anid equipment; provided, that tele- plalninilg authorities of tile Ullited Staten. arid of neighboring states graph or telephone lines shall be used by the Board and that noe anid of subdivisions thereoif; telegraph or telephone service shall be sold to the general public; (b) To proniote interestL ill the undert-anding of thle problems of We To engage inl the bulsiness Of a COMmon01 Carrier Of freight Or State planning; anid passellgerl. for hire; (c) TO cooperate with tire United States avid any of its, agencies (1) To build, construct, equip. maintain and operate, or cause in lte plnninilg. conscrvation, civilization aiid development of State the same to be done. a railroad or a highway connecting the esucsamid ill tile planning of its public works programis and to existing lines of railroad at Walhsalla, South Carolina, and at or act, when so designated. as an agency of tire United States, or of near Mlaryville, Tennessee. or as near to stich points as practicable anly agency thereoif; and to do every act and thing necessary or proper to accomplish (2) (Stace Board of housing) that result and to secure iinprovernent of such existing lines, To-c perform~ thle duties% imposed tupon it tinder Titles 31 of this connecting thle samie with thle Atlantic seaboard; Codle; (g) To transport goods, freight, mnail, passengers anid intelli- (3) (Bauilding Council oif Sotithi Cal o)tlna) getice for Isire and to fix amid collect proper charges therefor; TIo ploijugte amid recoririerad lo like G`eneral Assemnilsly of (lie (it) To construct or establish parks or playgrounds for thle use, Spt ab ildingcoc o aopioi bereiet, recreation and arinusernenat of thle people of this State (4) (Goniriserce lDevelliparenI Board) under such rules and regulations and subject to such charges as it (a) TO purchase. Ikold, use, leasc. iriorigage, Neil. transfer, miay en,4ablishi. determine or fix, with all necessary or proper (olivey absigj, pictgc ur ~lle~wse loacquire enctuber orappur teriaiices, roadways,. lakes, reservoirs, pipe hiues, wit es, build- reimpse ofany poliery, IC. Pvtholka or Iuxedor aly eblte Urings or other structures aiid eqttipnieilt which it niay fronit titile to illirespo le ony, property.ieig. personalk, ork iried oir firyegting virtile desiii desirable; itriereit aherey icldgbtwtouthnigtrporatioing. (i) To take such steps as inay he proper to prevent and control (b) 'Io cereripy anion nrtyb upon such -reaon-able basis% of tuI ololpt- soil erosion arid Hloods in thre areas served by it; Nationt as tImlay be agreed trjon, or as it Imlay deter irnirie, counrmaleru- (j) To cooperate with the United States to promnote the national I-ate with, like sea vices itindered or to be renderaed to tIre cud that defense-. rio exi curve or unreasoiiable fees or comrpetisatiori sliall be al- (k) To develuap arid inn tease cotuninerce, intlrastate, interstate arid lowcd; E- 17 13-3-100 PI ANMNIN. lti~h ARCH~t AND) l)EVV.iAOP--1NT STAIRT DEVELOP'MFNT BOARD 13--0 foteigat, by sbt aicloitig and itaipraving existitig route1s, b3y coll- provide for the security for such notes, bonds or other evidences straiog aagitw a tmtes ,idu fatailities and by equippinsg, taaiitamining of iaadebtedttess and thle rights of the holders tlaereof- anid operating of leasing tile Salle, or cauising it to be dune, by (q) Tos endorse or otherwise to guarantee the obligations of any piocuring ot etadeavot tog to procure a reductfion in ftieight. pas- corporation all of lile voting stock of which thke Board mnay own or betager, power, light. water, telegraph and telephone rates and ackltairc; toills ;and lb iny aither taicans or tnethod whith shall (end so to do (r) To mortgage, pledge. hypothecate or othea1rwise to encumber -and Secilning to tile people of talies State tile annual sainsg of large anly or all of its prperty, real. personal or mixed. facilities or slalis and anl inapt ovnciata in their living conditioass and general reveatues as security or notes, bottds, evidences of indebtedness %Vx:lfaa ; Or other obligation.s;I (I) lo coopemiate wiit like hecalth akttlurities in tile areas served (s) To borrow money froin the United State:. or any corporation by it to thle eitd that the public health may he improved and ot agency created, designed or established by (fie United States; disease and suoffering reduced;, (t) To exercise die powers And to do the things authorized by nIa) To fix, alter, biarge and collect tolls. freight and other this paragraph (4) of this section either by and with its own efforts charges for thle use of its facilities or for thle services rendered by and resources or to procure or to cause the saute to be done by or for any commodities faurnished by it, at rates to be deigterined the United States or aisy agency or instrumientality thereof, by atay by it, such rates to he at least suffhcient to provide for payment of one or tasore of the states affected or their political subdivisions. aill expensei of the Boaid tinder this paragraph (4) of this section, agencies or instrutttetttalities, by any private corporation. assoela- thke conservation, utaintenattce anad operatton of its facilities and iiton or individual. contractor or otherwise or by the joint efforts of projetties, tihe paymtena of principal and interest an its noes any or all of theni or by cooperation with any or all of them, bonds and oither evidences of indebteditess or obligation and to having in anind tlhat the primary objective to be achieved is the fulfill (lie teams and provibions oaf aiy agrceatents made with the construction, maintenance and operation of the railroad, highways, li hasliers us holders of anly of its isotes,. hoods of other evidences lines of communication and oilier facilities authorized by this ofidbens rolgtion paragraplt. regardless of the particular method, manner or agency of indebtedness or obligation; ~~~~~~by or tarough wltich the saute tiay he done, and to do any and all (Ia) To have tile power Of enaitient (10otitiln to be eXrctsied as is acts and things and to toake any and all agreements or contracts itow or nasy lieseafter be piovided by law for railroads. telegs aph laccess-ary tlceruanto, including also the power to lease the whole and telephotac Lonipanies, for pitivve conipaisies atad highways, or ally part of its facilities or to contract or agree upon a particular incldaantg all rights, powers and utethods of procedttre vested in or Intiltod, mananter or agency of or for the anaintettance of operation piesciibcd for tlte same;ke of such facilities; (o To acquire by patachiase, gift, aoatdeumtation or itt any other (u) To tuake, alter and repeat reasonable rules and regulations "anaker lany lands, waiters, walter tights, riparian rights, flowage governing thle use of its facilities and to fix and collect thle charges. rights. rights of way, eaetens icenses, fratidises, engineering tolls, prices or rate of cotmpensation it shall receive for the same, data.s ma'ps, LoitstiOd-tion plans ol estimlates or Keaty other property huta notaitag hiereina cotatained shall prevent it, when in mits opinion of' aly Laitd, real, pci sonal oi anaxvd, necessary or useful in ilte public interest will best he served thereby and when its cart ytag (Jul ally of II!, poc S; fiitancial.fonditiila will permit. frotn allowing the use of its parks. (Ii) To boi row ilaulay. to t1Aimf atad isstie negotiable tiotes, places of atnusietactt atad recreation, roads, highways and the like, bonds, and Mtack eviakiaces of tiadebtedness atad to secure like I x) he designated by it front itime to timte, face of charge or at a paylaketat of sit(dh olifagilaiollb O ot ala part lhaeraeol by mlortgage, licit iierely nonainal chiarge for tlte benefat of like people of this State; pledga' ox ded (if' artist ott ata5 a, all of its piroPerty, cotatlacts, (v) T'o sell or otherwise to dispose of any surplus property ft ra ainess ofr aevenlaes "kid to tameir Satlh ;lga ceanents with tlte %varialt% it ottay acquire and which it okay decide is itot ateeded-, and reiniciisce. s r holders of soda atotes, bonds or oather evidences of (w) Co Itave all additiottaf powers, not inaconsistentWllit tthiits nadbtelamss(if wvith ()elters inl (oaileinatott witla arty such notes, thIapalca, tltat are vested boy law in commiton carreres of freiglat. bollars or otlaci evidentces of' indt-btedailebs N% hetller issued or IC) be pl1.aciagCI!, clef I it iliy atid intelligence for hire uard ill cot poratiallas tssuecd, as tile Board halkli difama advisable and in general to gltn.ly 10 1 E- 18 0~~~~ 13-3-100 PIANNIN(; l4NE5AmuCmI ANDII.cA~'mN (5) (South Camcl-ohn I mmtra-CoamstAm WValciwa) (oialmisSion) TU crl [CI litm e dmmtmem imijmobed tijion it by Chtaptur.m5 of Titll 3 of thmis Code; (6) (Bouard for I1jurnmotion ol'Extieinai Tiadc) (a) To coampfle suivcyb slmowing thie nature and extent of the imatural resourcers ammd of the manaufactured products and raw inaterials, found or pioduced in time Stine which umay move in domestic or foreign cominuerce; and (b) To determaimme the areas thinoughout the world where cons- msodities ammd product.% of this State may find advantageous markets amid secure perfection of'ragemet between cittzens of this State ;tid prodtmcems and consumers in other areas whereby there umay be carried ott greater interchange of comumerce; and (7) (Natural Resoumces Commission) (a) To heleit a label, heave it copyrighted and registered in the United States copyright oitee, which label shall in the judgment of tike B0,41d be used to advertise the t-heismical and other contents of looed products grown in South Catolina or to advertise other articles; (b) T'o ploululgate And register [tit coniditions upon whirls such label meay be amied amid fix tile charges for such u.%e; amid (c) To Promulgate Inforinatkon furn-ished by Else South Carolina lResearrli Laboratories amid other ejiscaumonal institutions and such mAthir imifoatimamion as has beaming upon value of South Carolina pl-ultit Is. JIMTtOttV I1962 C-de I 9-310; 1952 Code I 9-310; 1942 Code �13272. 3442-4. 3442-22, 3442-35, 5271-3, 5271-10, 6031.1, 6734, 1932 Code 9j 3272, 6734; 1925 (34) tOO, 19X9 (56j 254i 1933 (38) 176, 478; 1934 (38) 1314; 1935 (39) 120. 397, 1938 (40) 1612, 19052; 1940 (41) 1921, 1942 (42) 1680i 1945 (44) 156; 1954 (48) 1745. AN. to m mini- .ini, m tet~ifmiim tinmmutigatmmcd mmmsder aiuilmmaity of th mu.sections sec Rt.m.b .i.d ttttg,.ioisl,. D-0mis, i,jacti Bcard. Stine Asm.I atomtimmsmmy 45aw Slm kmsipmeimd Irto &tike uim icmovcjs of timid acc~ci-a-Y 1min tm-,iamm m.aim1m.dy pm mmimm..sc5 -5-80) anmd 3-5-360m Am . tjo~ po.4 St at imc 1 Semm.to.mesmi nottoi it, Pltcm~~tmsm lmnds remunied by' tile t1mmmid Status. lt mtie mm 411jl mmi iim (mmtcc, mmi wmmcm wAy promjedi..see Nc 1 I 3-5-50 .ummd 3-5-330 A. ma tomdeiimimaim, tin Stami tncetomcjmiiei Boid uftareas Iescor * utimatiomi and gailliciimig min oysmeis wimiielm dic aquired lom memtammi w-meimay licno se~. see I 3-5- 100 Am. to Aumoimtmimy mat State I)esitlmpiiien Board mu buivcy df.i....i Iii mystcs foeds *retamlmimg 1111ti ai. i mgmmm ')retle ini iiim.a onsial nmum of wamerme.) p. injet cc. 1 e 3- � 1 3-3-1 10. Advisory councils. Ai lime mlms m tiolt of mIme Board an advisory coium il or councils 11-19 PUBLIC WORSKS EIMEtlkNT DOMAIN Ltw V 28-5-20 � 28-5-10. short title. fThis chapter may be referted to as tile caPublic Works Eminent CHAP PER 5 Disaitaits Law." 11ISTORY: 194)2 Code � 25-l0t; 1952 Code � 25-101i 19-12 Code 1 9126; 1936 Public Works Emsinent Domain lAw (39) 1268. s~~~~~ title ~~~~~~~~~~~~~Related Local Laws-- 2-0 Shoat tol od lot-al Law making this chapter aInappliabille to Clacsterfield, Greeatwooad, 28-5-34 attass ii iuaa latilitote prc elag loay. L~Uaenst. Learisi~t.11 and Sealtda Counties. see Lcacla Law Indtex. '2$- S-4 V.Ilue, pa ito y ofpG~ etg ros~s refetencet- 284-S-SO Petaition. AN to pgoccdabo lat a-nadeaunatataon by uriiu-ifsahl~tiics. see II 28-19-10 tia 28-9-- 18-S-Iso Sevelats p~AI'Vs of l~andall aaa y e nttlcded ilk IsasAmaciton I 28-5-70. Carlo) ian land fita suavey 28-fi-811 1-f-Ahaaltaoa of ijktag. Rtesearchs and fractice References- 28-5-90) Msannaer loitlata Ia pfoiperly is a, cJaunaleaal wheat decia.hAtaiofl Of (.Ataag is Elailacteat D~omtain. 22 SC L Rev 539. filed- Launmcait Wlaainar: 0-j.ausges. 24 SC 1. Rev 622 28-S-t0O. Mnisactac an tilt ,ic oilp1ers-atcaaa ito1 be fi"e %)fheat declaratioai of Eminentca Donviasj: "' akatag" of N'ivat iacPaperiy. 24 -li .. Ret'4)2 tAkLaag as filed Emainenct Domaint. Statute of Liniaituiaous. 24 SC L Rev 6s24. 23-5-1 14 Nattali af paocerdaatgs Emnatenit Doat~asia. 25 SC L Rev .454. 28-5-120. Nuire of proteedasag% %hll he givent by posting. filiaag said service. 214-5-134) Eller., of publicationt. passing. filitig saidsets me. CASE NOTES jH-5- 14-lo Rights &bAUl be waaveai if obljectionas Are laos filed. 2-5-I 50) App~jininaataia of guadsharks Ad litetat. Purpose of I'Ubtia. Wor~ks EtatUlICI CAruui&Ar StAte Hihwagb y Dept. V 211-5-1460. Dockeaaiaiai.11oa of issues oilier talkl sahiouill of Doonistit. ~ainua Law -ltider SC Curibi, Ant I. S#Iwuupf. 242 SC 357, 131 SL~d -44 284-5-170 Appoiiaaet.aaintnl l, fctaas COnIP471ausiaon said Oath of speCCIA1ldtC casie 17 (aaasw An I. � 13). it is left to the (1963). 2&-5- I180 Notinceu JsatlAlla be giveta by special indister legislature la esiact pincedure by whlst~ Applied in School Disk. No. It) of 28-5-191oi I leasaing befaire special toaster. Pri".ii" Property MAsY be cosaadeiuaied Chardeston Cotunty v Wallace. 241 SC 28-5-204) kkadeasc- which is Asdmiissible is icileeaailiitig Value of conadeamnted fot Public Use. together watt' tile Incas's 323. 128 SUMd 167 (19412). Unitveisity laid by windth Justs -oaslpsenaltoat is to he of South Catalinai V ?alcldraaaui, 245 SC 2 8- 5-2_1 I. lleitdit to plopcity sall taut be oaistAlecid- naide, said ibis Law fully Provides tahee 180. 139 SK2d 771 (1964). ITuarno so 26-5-220. lspavaa aftc sha naaeacatttcf priccateiiags sbaial not be cots- cs~canu~lis. Sp~ait~utiibrk v Belk's Dept. South Caiculita Tii-caineaiiall1 Corurstana, stalested Store. 19 SC 458. 20 SL~d 1S7 254i SC M7. 175 SE2d 805 (I970). 2$- 5-230 Issuae within -bil h csl-altildmste inas tile"' a14c' l Cpitaa( 2.Ced ask We'lliaaa v Clniont Newhlet ry 28-5-210 1) caiatng aaa aahJgatta.wias it sp-c at aanRscals ge ... Ft sand crtaicas iliercul utaulah Works Eariniaiea Donait~ia Liii Nasuaa ii i Aaathvltty. 2121 SC 4 17, 71 2ki-S-251). Actiaui o~l ticaai -,a aploll. Vestting .pofpapetty sacratharee castay of jiadgitiett. Soutah SE2d 7 (1952). 2H-5-264). liar) it~it 2I1i 5-270 Easliy asfiiaagtiellt alter jurY %ea alit t. sciaag 4pof ii tia ATrORNEY GFNERALS OPINIONS 2!8-5-250 Alanaad-,altaIaii 1af pa an ccflip 28-5-294) Wialnidal swi Ut at ~alaasa ot pet atlaia. Power of eraituieat dumaaiin ailusi be A counnty has tile power of eaaaaaacaa 28-5-3'Jll. Rec cadtaag oal judiitgaeittl a aa"taaay aitticc a aaafea red lb1 law cair State ageaa icc .aaa domaaaain to Acquiare prapipaty to bie tjed 2H-5-3141. VeC.1jul Oft title lit PCt at ;oaac shall divest rights of all raiher* ilk the is1 aloo kito li 11ellte ed tiatiler flie 1-uhlal foa a public worlks projert. 197 1-72 pa~~~~~pelty. %Vo~~~~~~~~~~~~~iak Eurinacait Domainai Law. 1163-4(i7 Cap,. Auty Gcii , Naa 3302. p I 19. 218-5-320 Nfcaney paid eatica cialal by eatacailcs shall be PAYnicaill or deposit for Caps Aatty Geis . No 2319, p 142. pcasaaas entailed theacetar,, disbaaseiesctait 28-5-330 Reccayscy of assatasd paad aca perciats onato eniatled alacieao. � 28-5-20. Defiasitiosis. 28-5-340. Rtighit of alseacl. Tise foallowing leri-ils %wiacever used or referred to it lthis 28-5-350. Effet I of Appeal halD~er shsall have the following respective meaniisgs tutsess a 28i 5-360 Bondaaat aaAPpeal :1lalfercls it meainit clearly aoaaears frontt tile context: 28-5-374). Oalder nt astppcaletd shaall ts behilal a :.M-5-38t) Assessuaaeal of costs wsslacti l cocatd awit s less ilisi1 utter of lauillilcolba- (I) *Pgublic ;aors projcci' shtall rutc~a any wttrk or undertakitig aaa0aa MhithI is fintiticed iii while o~r in part hy ai Federal agency air a '18-5-390 lMiawei itatsilical a -tly c hapalta- NIJA~I be a iaimaalatis'c ttt pa alsij hotly; 21621 �28-5-20) 1-1,0NE.14 IONJAIN PUBLIC WVORKS FIINENT DOMAIN I-AW �2--5 (2) Itl"d shall tteamt tile 111it-dI States orl aully agency ; I j,0. 41la Loce atli Condemnation by supervisor of Cofdlltt County. il IIS 111151 tiCtal.5l � t0j 41.11 Utat4 I tt 0 ie-Xist', of' like I Illctd States; w o.1Lm Itadex toa a o.Aj Law Concernjing condesalaualatoa ploccediag by tile Wo~rn County (3) "St~ai pulIC bidl '1-slih~l mneami lins State or ally county, city, Fisia. G-allicr C anesd Itea.cafioau Conlsitissioal. see Lo."al Law Index. tiawl, Iliquilipal couporallotl, authority or other bubdivision, Flat I-ead Lw conrelanitg power orF conderstaialion of firoadAway Lake Coat- .sgeltey or us trttmatemttahity, cot3)cratet or otherwise. tltereof oasaoa AnderSon County. see Local Law Index. (4) ".-authorized coiput.111011 shall lieats ally corporationt or crb Ierence,-- association engaged or aliout it) engage in any psublic works Ab us lalman private property. see SC Coost. Art 1, 1 13. pitajcta for a r ue.... . public ussi ush conadstruction fsc nbl o r s -.4 under ibis chapter by Slate Budget and Control Board. Proetadit cnut lerAftr y th orprto ras~S condclsastiason by committees for purpose of buildinig .airports. see It 55-9- lion shall be subject to regulation or supervision by a Federal 30 it) 5.5-9-170 ;agency O~~~~~~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~~~r5 ia Stat~e: uSli emniseas doomau b virtaue ofa gemnIs1.joc fculal"li nSaeDivelupoiasta Board. sea I 13-3-100. agetacy o a State ublic bod. whethe Lay virte of an areementAs to poiler of conademnuaation of ]rur~al electric cooper~atives. see 1 AS-49-'250. pruvision of law or othiet wise; ks I, 10 soatdrouadmou of historic properly by coutaties. see I 4-17-20 (5) 'Ri* prp"y poei or "land" shall include all A ~ s ata psawers of condemannaalion as salilary alid draiilage conislaaSsiotts. see I.9 lands, itiacluditig ittprovemetsts and fixtures thereon, lands under 15-W arema~tim ydaeaedsrito adnee utmt letdb h water, caseltents and lirdtmt-t.corporeal or incorporeal. dr~aiagae. see I 49--17-1050- ot every estate, interest avtd tight. legal of equitable. in lands or ,1I to passecr of coicmm~i~tumder this chapter of the IUniiveastty ofSot water atid all rights, intmerebts, pi ivluges, casements. enacttnibratsceb C4al,,IaiiJ see I 59- I I 7-70. amid front iliscs reClating [lles-CIO iticluding lt-rMs for years and liens A aae fcmdaa~toao lcrccnptis tt uloue ta ua ete~tt, ooea~tiesfior ccit~aaa purporses see 5-2-3) by way of7judgntent. mnortgage ox otherwise; 'lb a,. power aof cousuat so ca~ndenman Land for Landfall purposes in disposing of *6 ' "ouri " shall tisean tihe court in wlsit h jusrisdictions over solItd 5,sI. e I 44-55-1t220. (6) ~~~~~~~~~~~~~~~~~~~~~~~As is. -oadellnaation for Stake highway System. see II 57-5-910 ea seg. prioteedings hereunder is vested b) thle provisions of 1 28-5-4-0 or .%I to1 ai. ma~to by L~O~ttnieS Of land for road mtiiertal or house for bridge ally judge thereof; and usadimall a~am, IeI 157-17-310 et Seg. (7) 'PeiL~o~u-" slot misear the tte by wotti poceedttgs forAs IDt ..oAldeautaiiott by housing corporationts. see 1131-1-450. 31-1-460. (7) affair nivark file (me by whom proceeding ~ ~~~~s forA toadaasita of property by tile State Parts Aumlsority. see 1 54-3-150 thle rttqtttsitiots of real property ste mtituttitd liereunder pursuasti As illcondmaaatationf by city housirag authority, see is131-3-460 to 31-3-500. to tihe provisiotts of �28-5-30. As ito power of condeumnAmtiott of pmpeline companies. are 1 58-7-10. IIISIOltY; 3962 Cod. 25-102; 1952 Code � 25-102; 1942 Code 19128; 1936 Ast odnntinpwa fwtew-3opnes e I5--0an5- 439) 1268. As to condcuauataioat by telegraphs Azad telephone coaaap~naes of land, other than CASE No ~~~~~~~~~~~~~~Iaa ESU.1Of ramlroAd Of railway. see � 58-9-2030. a l e fFl a ihs CASE NOII..S 'i~~~~~~~~~~~s to coaadcloallaton by telegr~apla .Ad mlepltoall1c cotlap~ase frtta tI (:ited 1,Uise, so)vlf s. S,-oth . .. .taaf-usay, see II 58-9-2050O to 58-9-2140. v Ntsltlanaa. 2451 SC ISO). 13 1) St'd 771 A. to ptllatsritoa of Liotice to seek ca~l ater of railroad. str elt railwsay, steattaboatI (1904) or .anai-al oaapamay which wi tll Iias e pwer of coadmm~tot Ie 58-1 5-20 As to poser of codiastmtfcanal contpaaaies, see � 58-541 'is t todimm. aim HofLds or rights of way by taahvways And otaals.th be. �q 58- � 28-5-30. Entilties WhiitLh mssy Iinstittite proceedings. 15-1211) to 58-15-1370. Atty hleder~~~~~~~~sl agetmty. St ~ ~ ~ ~ ~ ~ ~,,bt a uho idcnprtot" 1.2LoS~~ihilioi ol Laid, rights of way, exlelisoats, tc(., by rashaoad, see IS 58- AllyFedral geny, Slu:psiblit 3,d load)u t oiedciort 17-1150 to) ;8-17-1210. and 58-17-3910) uasty Itmsutit tie 1)1 tu t-dt gb she rc'utitlm lot file atq itsamitial of ally real IIs to coilatt ltiathy ra .lro~ad idit caautiectaag switt lies are reluscid by pl~pety tiecessar) filtly pu bic tat U taroject. tAtaloci ,alaaaoid. st-e I 58-17-2ti341. is~~et lot Public 'is to coitaeinn~~~~~~~~smloaiI by a .airoads for colmtie.1aatag tfac.Ls. see I 58-I17-96tit ll~~l:1982 Code t 25-103; 1952 Coal,- � 25-103t 19412 Code I 9129; 1936 A. ji~ acitaios..iiaaa reti tosegtnaraati afo itno aarm~pa talcwas e (39) 12it8. 15-31-4 14) et bell. Rsl~ataed toutal la..W- 'is ta$ power- Of aItaIaa1, a1a4alaue to .iatjiitre exasmting waltet ai ks Isy 40mdetataaaamlio. Fast . I,,,..J l~ass &'tis laaaag -11k1aatstta"a l 1Aa~p 1, ls 'ask sl~aad Frosaaa 1c II .5-3I-4uG t etI 1 5oe y aae h Kvauqlat c o tiits I ti~~~~~~~~~~~~~~~~~~~~~~~~~~stt to steuuan" lass~elytrit tl Revtu Basd Actsk fo Uia.-2i.] It Fi eiaasia (Xaaa I-, aa "a a, I'aas a"I(Uil itsa'.... ..se I .61olal s. 1 Imbo 111c taile fissl a, a. lItI of ofme elcti masriin thistan watsai temdiris see i6-II-IS 218 219 A.is an ,,,.,osuId lanid It's 111faml hialvei %ay. hCr tt-3- kcesArch avid Vreaclice Rd~crncwb-- 26 An it 2.1, Lkuinincii D~omiaini � 111-24. 29JA CJS. lut.sacinew Dounia: 11 18-28 9J Ain jur 11 AL I' En, in (KRcv eds). ttFinasksem tissmain. Foximis 21-27 (audlwm la s m-vtiie Isnscr "f'Cuntlladnwnt mtal). AlIR avid L Ed Asiolatijoin.- N.Ivsc of rasinigci damauiuc as lisit bansict ;tild sailadivisoisn ot art~ciIy di~erctif. ,.i tws I erask~ .Litest stdmnu or agcotiru dlicilasdvel 35 AI.Rld 1295. �28-5-40. Venue; priority of proceedings. Such piuceedings may he instituted in the comlmon pleas court iln $ny county ill windih ally part of the real property or of the proposed public woiks project is situate. Ilic court, whether during a tessia or during a vacation. shall cause any such proceed- ing to be hecard andl detet mined withkout delay- All conidemination Isroccedinigb hereunder shiall be prferrfred cases and shall be entitled to precedence over all other civil cases. I II'iOltY-. 1962 Code � 25-104; 1952 Code 1 25-104; 1942 Code � 9129; 1936 (39) 12158. kts,~.wch and t',actice Referamices- 217 Ant In*s 2.). Ustnetil Domiains 1 3812. 29A CIS. k-miiscna Onanxn 1 233. � 28-5-50. Petition, A protceeding may he instituted hes eundcr by the filng of a petition %which shall be sufficietat if it set!. forthl: (1) 'flit flainle of thke petitioner; (2) A desut aptauin of the properly, skillt tent for thle identification therecof, to which there tnay he attached a plat or map thiereof; (3) A staeisemt tOwt the acquisiuino of such property by (lie petatiotier is nucessir~ for A public wor(ks project and a brief gmicral dest i lt iptio of suich public works project; (.1) A staitemnast Olaft dli p. uteethugs are being instituted tinder thish chiaptt; sand (5) A suitable prdyer for relief'. Illb'I ORV; 1962 Cud. � 25-105; 1952 Code � 25-105; 1942 Code � 9330; 1936 439) 12318. Ittsestarc cot.) Iracttce Refereasces- 27 An,. Its 2.1. Etsiscan Iloniami �� 3115, 39w( 29A CJS, Umnowni Mcianau �� 250-2ti6. 9 Aims jt PI & I's Fot Es (tRev ccd), Emknois Dt tomaiun. Fmi is 3-5 (pircscisatintt lctii' jiImin 'tc~ ~aldrsnalitnt1) 7 Aw Ins I -gal Fasisins 2c3. Emmiiita tDonimtast i 97:14 (iuatters ito ie 4 nissicicied Its Aliafting di, ...tminist I's dimnnaky to c."I P.,. O it le latWC1t f cjjnlirnik (10MAIn). 220 Dki't OF ILAJ~tl &ENVIN. CONTROL j4--0 44-1-1340 IRLi �44-1-140. IDepairtusent may promulgate and entforce rules thme prvnto of constagious disease avid tile publication avid and regulations for public health. distribution of such inforlsialion as may corinmibute it) tse preserva- '[lie Departiment of Health and Environmental Control may tion of the public health and deprevenlion of disease;an Makiles adopt, proulsugatc: at-d enforce reasonable rules and regula- (1 3) For alteration of safety glazing material standards and the ticigs fromt tiitte to time requiring and providing: defining of additional structural locations as hazardous areas, and fair notice ;sld hearing procedures by which to effect these (I) For the thorough sanitation and disinfection of all passenger changes. cars, sleeping cars. steamboats and other vehicles of transportation 'fhc Departosent may make separate orders and rules to meet in this State and all convict camps, penitentiaries, jails, hotels, any emergency not provided for by general rules and regulations. schools amid other places used by or open to the public-, for the purpose of suppressing nuisances dangerous to thle public (2) For the sanitation of hotels, restaurants, cafes, drugstores, health and communicable, contagious and infectious diseases and hoc dog and hamburger stands. and all other places or- establish- other danger to thle public life and health. mnies providing eating or drinking facilities and all other places HISTORYit 1942 Code I 324f; 1932 Code I 3241; 1942 Code J 5002; 1932 Code known its piivate nursking houses or places of simiatr nature, � 5002; COr. C. '22 I 2313; 1912 (27) 744; 1926 (34) 1015; 1947 (45) 1 15; operated for gain or profit; 19fi8 (SS) 3042; 1972 (57) 2687; 1973 (58) 297. (3) Fmi the production, storing, labeling, transportation and car" rfrec selling of milk and ilk products, tilledmilk and filled milkAs to vital statistics genewAlly, see II 4 5-13-0 to 44-6i5-200. selin imttof milk avid inrt milk products, fileyl ndthledtilk Aits to leguildtitoi governming saniitation ini sniniflafctur and distrbuiion of ice poutiiato ikadiiainFmik prodcs syteic 3ags,. etc.. %cc 1 39-37-120. failk and synthetic milk products, milk derivatives and any other As to $ciiing up regukations for like sanitations ofcommmmercial fisheries in florry products made in semblance of milk or milk products; County. see 1 50-17-3w)8. As to invesiigatiuo of mLousplaimmts conicerning boarding and nursing brinises. see (4) For the sanitation and control of abattoirs, meat niarkets, 432-0 whletlmer the same be definitely provided for that purpose or used As to rules a"i regulations pearlning to jails and other penal institutiotss. see III coisiection illit other business, and btlnpatsRules and Regulanos.iilS DepArmnsent& Of Health sod EnvironMental Control. bottling plants; ~~~~~~~As to rules anid regotul.6"ns pemlainimig to eating and drinking establishments (5) For thle sanitation, processing and handling of shellfish, fish. .,sid oather retail foodesalismmem sce Rules and Regulations. Departimemit of crab niatc. lobster and shrimp; Health amid EmvmnmeslControl. For the conimol of disease-beming insects, iticluding theAs to rules amid rcgulctiomms Pertianinig to mimill, amid milk products. see Rules amid (6) Fr tl 0111o ies-etn neticuigte Rgmidlaons. Deparlmnmtt of Ilkaltim and Emwirommssmemsmal Control. Immipounmdimg of wavers; As to gulch amid reglauns periaioing to poultry processing plamio. see Rules (7) Fr thesanitlion f swiming oolsand other batheing akd RegulAtiusts. D)epartmmenit of ilealthm atimm Environimmental Control. (7)h cornhestritation. tours samnd tralerc a As to mules and meummmspertaIning muleag, cumtminamd operation ol place, comatrctios. turis andtraier Cifls and fairs; swuismimmng pouls. see Rules ammd Rerulations1. I)ep~mrimneflt of llealh and Environ- (8) For tile control of industrial plants, including shle protection mimenmal Control of -okers fmontfm es gases addswhether obnoxious or Ash oles. ,PFHlO HAmid1 miatmnd pEviroimiigustraile panrks. seRlsai ua o~~~fuims and dAst, tiui.Drmmmtof Ilelil and reuato s mro-tnmmsniato Citralepai.seRusad gl- toxic; As to utites ,mid frtie ulaiun perlammimig to comimiumiiiable diseases, see Rules amid (9) For the use of water its air humidifiers; Regulations. Depamimne"I of Itealthl and Emmviromnimmemial Control. (10) Fos thme care, segregation and isolation of persomis having or Research and P'ractice Referemicer- 3-specited of havimig any consmiiuiskable. constagious or infectious 39 Amuin~i 2d. IlealtIt 14 disease; CASE NOTES (Il1) For dile regulation of the niethods of disposition of garbage Cited ain Samisming v Vimerokee Coumiiy ~rsewage and any like refuse umatter in or near any village, town Yomirisi Camip Board, 195 SC 7. 10 Qrcity of the State, imicorporated or unincorpomated. and to abate SE2d 157 (1940) 'I'loxiotus amid offemisive odors caused or produced by septic tamik ATTORNEY GENERAL'S OPINIONS Ollets by prse08cutionl, injunction of otherwise. ,-me Smame lBm,ard of lieiltm hlas tIme tile State go imisure that such mimlk (12) For the thiorotigh imivestigatoms amid study of the causes of mespomusibilimy ahmem milk is physically in quim emmiemis of hims Staic. 1963-64 OIPs. all diseases, epidemiic and othaie wise, siti this Stale, tihe means for imiceis mhe losiall siatmdlaids amid m e- Aui'y G;eis . No 1755. p 261. 331 332 E- 23 WVATER, SO-VAGE. ErC. 144-55-20 �44-55-20 IIEALMI school, nishitution, imidustry. recreation area. or a business which jnd to itisuic proper operation and funclion of waterworks sys. buttles dritiking Water is clabsified as a public water supply. telus. "Sesnjiitblic isater asuppiy" blhall mean any waterworks system (C) Upon completion of any new water purification plant or which furnishes di inking water to tle~ public other than public water distribution system, arrangements shall be made by the witter supplies as dilined in this %ection. This shall include restati- consulting engineer with the Engineering Division of the Depart- rants. food processing plants. etmres ice plntstoesuent of Health and Environmental Control for a final inspection hotels. calves, trailer pat ks, imusesand manyorkestalshmelnts anid approval by the Department of Health and Environmental whic~h has drinking Witter frpbiconsumptrios nd ony thler estab ishent Control. No new facility shall he operated prior to the approval by froul~ ~ ~ fo Oulive conumpio on thei premise the Department of Health a'nd Environmental Control. 11151O13EV 1962 Code � 3I2-1201; 19681 455) 2436. (D) Before the construction of a semtipublic water supply. the Related I~~~~~~Cal I-awa- ~ ~ ~ ~ ~owner must obtain tihe approval of the Department of Health and 'm Ak ew etainin to watrspl y f Genilse Law Idex Environteental Control. Preparation by a licensed engineer or loi o..I Lw prtatiit.~to ~atr spplyof reevile, ee oca La Ines.architect may be required in accordance with tile size, scope, or Cross referstaces- complexity of the proposed project at the discretion of the Depart- As to dusiping trashi .r aeluse without written permission or an siglawAys, see ment. of Health and Environmental Control. Plans and specifica- I &l-lt -700l. tions msust generally follow requirements as set forth for public As- t- w-ter ould watercourses geitemally. see Title 49. .As AV 411u and C water 109 Contrioacnol. e If 48-1-101o -18-1-350. Water supplies. As- to flinackia~l "asisitos to ceitaifl Knunitip~iitit aun *perot service: districts HIISTORtY. 1962 Codc I 22-1202; 1968 (55) 2436. reriVuing IFedcrl grants. see II el85t)c seq. As to itiuuticipat utilities. geiCi1CIlly. see If 5-31-610 to 5-31-060. Cro"ss rfarencees- As to sAsle of Aniuutil'Al electric: or water plant. see if 5-31-t310 so 5-31-1370. As to lonsicipal utilities. generally. see it 5-31-610 to 5-31-660. As to CEC.Missio of Water And sewer systents beyond corporate limuits of towt. As to rules and regulatioist pervasionin to water. see Rtules and Regulations. Lcmetwecu 3.000 And 41,4)0, see If 5-31-1710 to 5-31-1780. Lksticparuan of 11ealth and EnvironmentalControl. As to sules and regulations petlainttig to wAter. see Rules and Regulations. tsactadPece eeecs l~ep~u tanent ol 1 lr~dih .umd Envarotonetital Control.76 Aust Jur 2d. Waterworks and Water Companies it2. � 44-55-20. Application for constsructiont perusit; design and ATITORNEV GENERAL'S OPINIONS construction of waterworks systemsa generally; flinal inspec- The State Board of Hiealth may not of tie waterworks systemns its the State. tioti and approval; re~quiremnents for construction of semi- iequire by rule and regulation that 1971-72 Ops. Att'y Geni., No 3253. P public water supply. fluoride be added to the siater supplies 37. (A) lBefore construction, expansion, or modification of any public water treatment facility, or major construction, expansion � 44-55-30. Bacteriological and chemical standards shall be Of niodification of any public water distribution system, application established; testing and analysis of water supplies. bihall be "lade to tile State Dcpai tmltett of Health and Environcren- (A) The Departmient of Health and Environmental Control shall al Control for a perntit for construction. The application shallesalhstchbtriogal nd hmclsadrd asssl tttdude such engitteering. cltemmital, physical, or bacteriological aestatelis proc baterlgcal and hemalth itrst, andwlardso tae peopll data as tiay be requniretl Iy tlte llepartinciam of Ilealth arid Etivi-wh adequsnwately protepblct the sempulicwantersadwlaeo sytems peole romimmietital Control auth shall be accomspanied by engineeringwoaeuigwterfg public and sensipublic water systems. sAllbemitndad platis, drawimigs, and specifications prepared by an cisgineer regis- opericated byithei owater sysem shal be mainerthaintedprtyo water teted tit thias State which shall carry Isis official sigitature avid seal. operatsed b the owepiublch at mall thas etsoexed the purtyndardstes (II) In general. tile design and constructions of w-aterworks f u r abished b the Dpulcartaltie ments or exedslthe sandad Eniomnalson sysmettia shall lie its accord with ittoderti engineering practices for etalsebyte prmntoHathndEvronetl.Cn s~til inistallationis. Thie Iliepsrttmeitt of Hlealtht atid Environmtentaltrl Cotntrol bltail establshtsmsuch tules, regulatiotis. procedures, or (B) Each public atid semipublic water supply shall have the stattda tl.d its tiay he necessat y it potec the health of the public bacteriological test of its water supply, collected from its distribu- 693 694 E-24 WKI ER. SLVA(;E, EC 45- � 44-55-810. Declaratiojiof Iegislative purpose. lThe Gencial Abssenbly. having considered the problems associ- ;tied evial pr-oper sewage disposal, finds that many mobile, mkodular amid peamnanenily constructed homes isre being const-ucted, lo- catcd. amid installed in areas of this State which will not support an individual sewage disposal system, and further finds that this situ-ation lhas resulted in the discharge of sewage to the ground or to adjacent waters. To correct this problem is the purpose of this am ticle. HItSFRtIY; 1975 (59) 57 AS 1 uic. Amid mcutiulaiulms Pcrmiammumg to waste dmspoisds systems%$. see Rules And KRSgJa.nk.mm.ms Dkpaiumscm of Hiealth ami mt aommmcma Conitrol A& 1.ic f~IbAnd r`cgui1aliOOS pCrgAimhmsg mo SUbdiVlsiOH water SuAPPIY And WAStC dm~io.pua ~)smemms. rce Plulcs anid Regulatiomis. Dcpanruimemm of Ilcalth And Eaviron- � 44-55-820. Electricity shall1 not be furnished urnless sew- age disposal method has been approved. No private: or public utility, municipality, or electric cooperative supplying power shall connect temporary or permanent power to a new site of any mobile, modular or permanently constructed buildimig or facility until such time as the power supplier is presented with a certificate. license, or permit by the county or municipality when the proposed comlmection is to be made within the corporate linmits thereof authorizing such Losknection- No such ieitifficate, licemise, or permiit shall be issued by the county or municipality without a permit fromm the coumnty health department approving the mnethod of sewage disposal; nor shall such perutiti. cci tificate or license be issued until evidence is presemited tiat all other appropriate safety and health regulatiomis. per milts, codes enid um dimmamces have been commapled wimli. Such permits, certificates or licenises shiall state time locatiomi of die approved site. Thme governuing holly of each Coumsty or 1111umici1palty shall provide ogle office to isstme evidence that all such requmiremients have been met by like applicamnt. HEISTORY. 1975 (59) 597. Cirass W.Faresccs- As toA nUIC All.]I FCgmlmmiOlmS pertinminmmg to wamste disposalI systemms. ice Rtdc% damd KdItcgulmiomm. tI-Il,.wam mmcmof I caldlamid kmsvirommmmmnmnal Conm11io. As to maio miles t ingmtiamaimms pem ma.mmmng to soubdivisiomm water imipply aumd wamsme clmspns.ai SYSmnmmms. .'t It'dlci ,mmml Rcu~ldaiiomms. Dcpam-mmmmcmt of Healt~lhm amm. Emivim imil- E-29 *48&-19-10 EINVIRONMMENTAL PRoTECIrloN, ETC. General Assenibly finds that thle conduct of maining and reclamlation of mined lands as poided by thi act will allow file making of valuable minerals and will provide For the protection of the State'. environment and for the subsequent bieneficial use of the mined and reclaimned land." CHAFTER 19 Cross referencsee- South Carolinak Mining Act As to the South Carolina Geological Survey, see 111551 to 13-5--50. Iteseaissc andI PrcieCk "reaeceii- 54 Amssjtr 2d. Mines and Minerakls 1 167. izi-iq-10 Short dtic 513 CJS. Mines and Mineralsi � 229. i~t-19-20 Legislative dleclaration of purpose. w4-19-40. Operating perosits for mining required. � 48-19-20. Legisilative declatration of purpose. 1.4-19-50 Appilication for and issuance or denial of psermsit; transfer. Teproe fti hpe r opoie Is - 19-450 Modification and renewal of permits. '7eproe fti hpe r opoie 4.3- 19-70. Reclamationl plans. (a) -hat the usefulness. productivity. and scenic values of all ci4-19-80. Bond.. lands and waters involved in mining within the State will receive I:&- 19-90. Required reponts. ia-9lO nspections, correction Of deficiencies; efFect of failure to Carry DUE the greatest practical degree of protection and restoration. redlaration plan. (b) 'Mat from July 1, 1974. no mining shall be carried on in the w- list -10. Iloudificatioms of reclansation plan and other termss and conditions of State unless plans for such mining include reasonable provisions Penisit for protection of the surrounding environment and for reclamak- it-19- 120) Suspension of revocation of permit. hItt-ISO13. Forfeiture of bond. tion of the area of land affected by mining. IS5- I9- 140. Mdanner of giving notice, HISTORY. 1962 Code 1 63-712; 1973 (58) 314. 445-19-150. Appeal to Mining Council. Azi- 19- 160 Appeal of Mining Counscil's decision to court. I -1-70 Promulgastion of rules and regulatnions by Jkining Council. � 48-19-30. Definitions. 445-19-lilt Sanctions for violation of Chapter. 4.N-19-190. Chiapter shall not affect zonking regulations or ordinances. Wherever used or referred to in t~his chapter, unless a different IS5-19-200 Chapter shall not imapair right to bring action meaning clearly appears from the context: 1,3-19-210 Chapter shall not apply to certain activities and a.reas (a) "Atining"ntecans (1) the breaking of the surface soil in order I45- 19-2,20 Other powers of Departmcrat. cooperation with g3overnmental ASCII- to facilitate or accomplish the extraction air removal of ores or 4 -1ti-230- Lands to be included in rectlansaton plan minieral solids for sale or processing or consumption in the regular operation of a business; (2) removal of overburden lying above � 48-19-10. Short sidle. natural deposits of ore or mineral solids and removal of the this haptr maybe kown ad cied as-nitSouthCatoinalmineral deposits thereby exposed, or by removal of ores or Ibis capter ay beknown nd citd ai The Soth Catolinamineral solids from deposits lying exposed in their natural state. Mining Act." ~~~~~~~~~~~~~~~Removal of overburden and mining of limited amounts of any ores 111hTORY; 1962 Code �63-711; 1973 (5131 314. or mineral solids shall not be considered mining wvhen done only Ldilor'a Not,-- for the purpose of determining location, quantity, or quality of a Nc~ij-a 2 of 1973 Act No 274 (1973 (58) 314) contadinsleisr1Ilatv0 findings natural deposit. so long as no ores or mineral solids removed !Incto this chapte d ie:dc xlratr exaatoormnng rod, prociesse:o ,I lIke Geti".ra" Asebl ids, that the extraction of minerals by niining is cn epoatoyecvto rmnn r od rcse o h1.1 oin d tssential activity making sit iniporiant continhotion to the well-being of sale. or consumed in thle regular operation of a business and ',,iiiti Carolina anid the nation. flowever. it is not practical to extract minerals provided the land affected does not exceed one acre in area. It J-i~liied by our society without disturbing the surface of thle earth and producing shall not include plants engaged in processing minerals except as ""'IOertal~l"s. atid [lie very character of Certain surface "killing operatiotis skich plants are an integral on-site part of the removal of ores or I"''-lulles comtplete restorationt of tilt land to its orignial condition. It is ptissiblemiea sodsfnsntalepis.Ishlnticueexv- gatlntintting in such a way as to tntiinimie its effects oil file Surroutiding m i e a s o d s fmnatrle ois.Ishlnticudexv- 1~~inn. Proper rtclansattOnl Of mined land 1s nC1SerSd1y to prevent urkdesitra- tion or grading when cotiducted solely in aid of on-site farming or ;111'i, .id1 anild water conditiotis that would bec dettitenital to tile getteral welfare. of on-site construction. It shall not include dredging operations 111--dIl. safety, beCauty, and property rights of thle itiCilS Of the State. Tfite42 42142 E~~~~S SouTh CAROLINA MINING ACT � 48-19-30 � 48-19-30 ENVIRONMENTAL PROTECTION, ETC. \,ldie such operations are engaged in the harvesting of oysters, (I) "Peak"means overburden removed from its natural position ,t.iills, or tihe removal of shells from coastal bottoms. and deposited elsewhere in the shape of conical piles or projecting (b) "Council" means the Mining Council created by �� 48-21- points. Io and 48-21-20. (m) "Ridge" means overburden removed from its natural posi- (r) "Department" means the Land Resources Conservation tion and deposited elsewhere in the shape of a long, narrow t:,,mnission. Whenever in this dchapter the Department is assigned elevation. iluuls. they may be performed by the director or by such of his (n) "Reclamation" means the reasonable rehabilitation of the ..it,obriates as lie may designate. affected land for useful purposes, and the protection of the natural (dt) "linreaLs" means soil, clay, coal. stone, gravel, sand. phos- resources of the surrounding area. Although both the need for phaste. rock. metallic ore. and any other solid material or substance and the practicability of reclamation will control the type and ho1,od in natural deposits on or in the earth, degree of reclamation in any specific instance, the basic objective (c) '"Affected Land" means (1) the area of land from which will be to establish on a continuing basis the vegetative cover, soil ,,eibtburden or minerals have been removed or upon which over- stability, water conditions and safety conditions appropriate to the Llileitn has been deposited or both, including any area on which is area. l.cated a plant which is an integral part of the process of the (o) "Reclamation plan" means the operator's written proposal iinmoval of ores or mineral solids from natural deposits; as required and approved by the Department for reclamation of t2) stockpiles and settling ponds located on or adjacent to lands the affected land, which shall include but not be limited to: Iisiam which overburden or minerals have been removed. (1) Proposed practices to protect adjacent surface resources; (i) "Neighboring" means in close proximity, in the immediate (2) Specifications for surface gradient restoration, including sit mity, or in actual contact. sketches delineating slope angle, to a surface suitable for the lg) "Teinnnaifon of rmining" means cessation of mining opera- proposed subsequent use of the land after reclamation is com- 1.1s with intient not to resume, or cessation of mining operations pleted, and proposed method of accomplishment; .i, a result of expiration or revocation of the permit of the (3) Manner and type of revegetation or other surface treatment ,yicrator. Whenever the Department shall have reason to believe of the affected areas; dI.st a mining operation has terminated, it shall give the operator (4) Method of prevention or elimination of conditions that will srittcn notice of its intention to declare the operation terminated, be hazardous to animal or fish life in or adjacent to the area; .rmd lie shall have an opportunity to appear within thirty days and (5) Method of compliance with State air and water pollution ipcsenit evidence that the operation is continuing;, where the laws; Icljiartment finds that such evidence is satisfactory, it shall not (6 Method of rehabilitation of settling ponds; m.imke such a declaration. orperne such a declaration. (7) Method of control of contaminants and disposal of mining (h) "Operator" means any person or persons, any partnership, refuse; limkted partnership, or corporation, or any association of persons, cngaged ini mining operations. whether individually, joindy, or (8) Method of restoration of establishment of stream channels through subsidiaries, agents, employees, or contractors. and stream banks to a condition minimizing erosion, siltation, and 11) "Orcrburden" means the earth, rock, and other materials other pollution; .iat lie above the natural deposit of minerals. (9) Such maps and other supporting documents as may be (j) "Rcfuse" means all waste soil, rock, mineral, scrap, tailings reasonably required by the Department; and s.llles, and other material directly connected with the mining, (10) A time schedule that meets the requirements of �48-19- allaing, and preparation of substances mined and shall include 70. .Ml iWaste niaterials deposited on or in the permit area from other (p) "Borrow pit" means an area from which soil or other 'nm, ces. unconsolidated materials are removed to be used, without further (L) "Spoil bank" means a deposit of excavated overburden or processing, for highway construction and maintenance. ,chlilre. (q) "land" shall include submerged lands underlying any river, 423 424 E-27 SOUTH CAROLINA MINING Acr � 489-19-40 iNVIROoNMNTAL PROTECTION, ETC. ,nci11. lake, sound. or other body of water and shall specifically Research and Praclic Reffrresces outilode. anmong others, estuarine and tidal lands. 54 Al Jltr 2d. hlnies and Mulcbils � 175. itti'ORY: 1962 Code � 63-713; 1973 () 314. 5 ad � 48-19-50. Application for and issuance or denial of per- � 48-19-40. Operating permits for mining required. mit; transfer. After January I, 1975, no operator shall engage in mining Any operator desiring to engage in mining shal make written ,ithlout having first obtained from the Department an operating application to the Department for a permit. Such application shall permit which covers the affected land which has not terminated. be upon a form furnished by the Department and shall fully state bccen revoked, been suspended for the period in question, or the information called for; in addition, the applicant may be ,thilerwise become invalid. An operating permit may be modified required to furnish suds other information as may be deemed ulmn tuile to titme to include land neighboring the affected land, in necessary by the Department in order adequately to enforce this .,tcordance with procedures set forth in � 48-19-60. A separate chapter. pCisils shall be required for each mining operation that is not on The application shall be accompanied by a reclamation plan I.ad neighboring a mining operation for which the operator has a which meets the requirements of � 48-19-70. No permit shall be tslid permit. issued until such plan hIas been approved by the Department. No permit shall be issued except in accordance with the proce- The application shall be accompanied by a signed agreement, in .lueb set forth in � 48-19-50, nor modified or renewed except in a form specified by the Department, that in the event a bond .Acurdance witll the procedures set forth in � 48-19-60. forfeiture is ordered pursuant to � 48-19-130, the Department All appeal from the Department's denial of a permit may be and its representatives and its contractors shall have the right to a.llcn to the Mining Council, as provided by � 48-19-150. make whatever entries on the land and to take whatever actions No permit shall become effective until the operator has depos- may be necessary in order to carry out reclamation which the MtCd with the Department an acceptable performance bond or operator has failed to complete. ..lcr security pursuant to 48-19-80. If at any time the bond or The Department shall grant or deny the permit requested as ,tlicr security. or any part thereof, shall lapse for any reason other expeditiously as possible but in no event later than sixty days after than a release by the Department, and the lapsed bond or security the application form and any supplemental information required 1, not replaced by the operator within thirty days after notice of slall have been filed with the Department. Priority consideration Ihte lapse, the permit to which it pertains shall automatically shall be given to applicants who submit evidence that the mining c Ltomlle void and of no further effect. proposed will be for the purpose of supplying materials for highway maintenance or construction. An operating permit shall be granted for a period not exceeding highway mintenance or constructi on Icn years. if the mining operation terminates and the reclamation The Department shall deny such permit upon finding: ,cquireveunder the approved reclamation plan is completed prior (a) That any requirement of this chapter or any rule or regula- to the end of such period, the permit shall trrinale.te. Termination tion promulgated hereunder will be violated by the proposed (f a permit shall not have the effect of relieving tile operator of operation; .ily obligations which fie has incurred under his approved recla- (b) Tlat the operation will have unduly adverse effects on mation plan or otherwise. Where the mining operation itself has wildlife or fresh water, estuarine, or marine fisheries; ctutiinated, no permit shall be required in order to carry out (c) That the operation will violate standards of air quality, I t lamation measures under the reclamation plan. surface water quality, or ground water quality which have been An operating permit may be renewed from time to time, pursu- promulgated by the South Carolina Department of Health and lilt to procedures set forth in � 48-19-60. Environmental Control; Ans operating permit may be suspended or revoked for cause. (d) That the operation will constitute a substantial physical Inulsuant to procedures set flrth in � 48-19-120. hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public IllS'iORY; 1962 Cute � 63-714; 1973 (58) 314; 1974 (58) 2397. 425 property; property; 426 E-28 * 0 SoUtrra CAroLINA MIN1IS4 ACT � 48-19-50 � 48-19-50 ENvIRONMlENTAL PROTECTION, ETC. (e) That the operation will have a significantly adverse effect on When one operator succeeds to the interest of another in any tile purposes of a publicly owned park, forest or recreation area; uncompleted mining operation, by virtue of a sale, lease. assign- (i) That previous experience with similar operations indicates a ment. or otherwise, the Department may release the first operator ,ubbtantial possibility that the operation will result in substantial from the duties imposed upon him by this chapter with reference deposits of sediment in stream beds or lakes, landslides, or acid to such operation and transfer the permit to the successor opera- Water pollution; or tor; provided, that both operators have complied with the require- (g) That the operator has not corrected all violations which he ments of this chapter and that the successor operator assumes the may have committed under any prior permit and which resulted in duties of the first operator with reference to reclamation of the land and posts a suitable bond or other security. (!) revocation of his permi.t (2) forfeiture of part or all of his bond or other security, HISTORY; 1962 Code I -.715i ile (54) 314 (3) conviction of a misdemeanor under � 48-19-180, or (4-1 any other court order issued under 48-19-180. Any operator engaged in mining under an operatng permit may In the absence of any such finding, a permit shall be granted. apply at any time for modiation of such permit and at any time Any permit issued shall be expressly conditioned upon compli- appy at aduring the two years prior to its expiration date for renewal of the .ince with all requirements of the approved reclamation plan for permit. Such application shall be in writing upon forms furnished tie operation and with such Further reasonable and appropriate by the Department and shall fully state the information called for. icquirements and safeguards as may be deemed necessary by the in addition, the applicant may be required to furnish such other iDcpartmen to assure that the operation will comply fully with the information as may be deemed necessary by the Department in icquirelnents and objectives of this chapter. Such conditions may, order adequately to enforce this chapter. However it shall not be Iallmong others, include a requirement of visual screening, vegeta- necessary to resubmit information which has not changed since the mie or otherwise, so as to screen the view of the operation fromn time of a prior application, where the applicant states in writing pIblic highways, public parks, or residential areas, where the that such information has not changed lDqparmlint finds such screening to be feasible and desirable. \iolation of any such conditions shall be treated as a violation of The procedure to be followed and standards to be applied in ,il chaptero and shall constitiute al ba sis f or suspension or revoca- renewing a permit shall be the same as those for issuing a permit; dilms chapter and shall constitute a basis for suspension or revoca- provided. howe,'er. that in the absence of any changes in legal 11011 of tile permit. provided, howener, that in the absence of any changes in legal Any oplrator wishing any modification of the termit.s and ndi requirements for issuance of a permit since the date on which the Ainy operator wishin apy modircation of the terms and codi- prior permit was issued, the only basis for denying a renewal nestst of this permit or of the: approved reclamnatiotn plan shall permit shall be an uncorrected violation of the type listed in Nulamit a request for modification in accordance with the provi- subsection (g) of �48-19-50, or failure to submit an adequate Skuols of � 48-19--60. reclamation plan in light of conditions then existing. it the Department denies an application for a pennit, it shall A modification under this section may affect the land area Ilotify the operator in writing, stating the reasons for its denial and covered by the permit, the approved reclamation plan coupled ally modifications in the application which would make it accepta- with the permit, or other terms and conditions of the permit A btle. The operator may thereupon modify his application or file an permit mabe modified to include land neighboring the affected appeal, as provided in � 48-19-150, biut no such appeal shall be land but not other lands The reclamation plan may be modified i.siken more than sixty days after notice of disapproval has been in any manner so long as the Department determines that the 'toileld to Ihim at the address shown on his application. modified plan fully meets the standards set forth in � 48-19-70 Upon approval of an application, the Department shall set the and that the modifications would be generally consistent with the .m11nunt of thie performance bond or other security which is to be bases for issuance of the original permit. Other terms and condi- 1-juilured pursuant to � 48-19-80. The operator shall have sixty tions may be modified only where the Department determines that 1ldys following thie rmeailing of such notification in which to deposit the permit as modified would meet all requirements of �� 48-19- the required bond or sectirity with the Department. The operating 40 and 48-19-50. No modification shall extend the expiration date p-cl nit shall not be issued until receipt of this deposit. of any permit issued under this chapter. 427 428 E-29 Soutn CAROLINA MINING ACT 9- 48-19-70 � 4 70 ENVIRONMENTAL PRoTECTION, ETC. In lieu of a modification or a renewal, an operator may apply fIr cepted conservation practices and which is suitable for the pro- l, n w pernit in the manner prescribed by �S 48-19-10 and 48- posed subsequent use of the land. 1 9-50. (d) In no event shall any provision of this section be construed No modification or renewal of a permit shall become effective to allow small pools of water that are, or are likely to become, unil auy required changes have been made in the performance noxious, odious, or foul to collect or remain on the mined area. Iland or other security posted under the provisions of � 48-19-80, Suitable drainage ditches or conduits shall be constructed or ,. as to assure the performance of obligations assumed by tile installed to avoid such conditions. Lakes, ponds, and marsh lands .,pceator under the pennit and reclamation plan. shall be considered adequately reclaimed lands when approved by IlSIoftY: 162 Cotde 163-7116 19253 58) 314. the Department. (e) The type of vegetative cover and methods of its establish- ment shall be specified, and in every case shall conform to � 48-19-70. Reclamaiaon plans. accepted and recommended agronomic and reforestation restora- liTe operator shall submit with his application for an operating tion practices as established by the South Carolina Agricultural .i lntit a proposed reclamation plan. Such plan shall be furnished Experiment Station of Clemson University and the South Carolina it, the local soil and water conservation district in which such Forestry Commission. Advice and technical assistance may be mining operation will be conducted. The plan shall include as a obtained through the State Soil and Water Conservation Districts. ulauilmlum, each of the elements specified in the definition of The Department shall be authorized to approve a reclamation "scclanation plan" in � 48-19-30. plus such other information as plan despite the fact that such plan does not provide for reclama- ia.y be reasonably required by the Department. The reclamation tion treatment of every portion of the affected land. where the pl.ll shall provide that reclamation activities, particularly those Department finds that because of special conditions such treat- .ialting to control of erosion. shall to the extent feasible be ment would not be feasible for particular areas and that the plan . ,ilctlliled simultaneously with mining operations and in any event takes all practical steps to minimize the extent of such areas. Ic initiated at the earliest practicable timne after completion or An operator shall have the right to substitute an area mined in wctlliliation of miiling on any segment of the permit area. The the past for an area presently being mined with the approval of pIl.u shdll provide that reclamation activities shall be completed the Department. culhia two years after completion or tennination of mining on HISTORY: 1962 Code �63-717; 1973 (58) 314. -.1t 1 segment of the area for which a permit is requested unless a hlonger period is specifically permitted by the Department. Resarch and Practice References- 58 CJS. Mines and Mineral � 240. I ite epinrtmeni may approve, approve subject to stated modlfi- ,..l[itis, or reject the plan which is proposed. The Department ALR ian L Ed Arnoationa- St approve a utory or contractual obligation to restore surface after strip or other l.hall approve a reclanation plan (as submitted or as modified) surface mining. I AURN 575. ally %here it finds that it adequately provides for those actions I.,-esatry to achieve the purposes and requirements of this chap- �. Bonds ii. sand that in addition, the plan meets the following minimum � 9 . Bonds. &I'llifards: Each applicant for an operating permit, or for the renewal 1.1l Tlhe final slopes in all excavations in soil, sand, gravel, and atin and shall thereafertment following approval of his - alacf unconsolidated materials shall be at such an angle as to application and shall thereafter maintain in force a bond in favor 1.llcl unconsolidated naterials sitall be at such an angle as to ullulte thie possibility of slides and be consistent with the future the State of Soura C aroina oexecuted by a surety approved by "1-liiftIhe lendthe Chief Insurance Commissioner. in the amount set forth below. The bond herein provided for must be continuous in nature and fla) P'rovisions for safety to persons arnd to adjoining property shall remain in force until cancelled by the surety. Cancellation by ia.it be paovided in all excavations in rock. the surety shall be effectuated only upon sixty days' written notice (t) InI open cast mining operations. all overbuiden and spoil thereof to the Department and to the operator. hill be left in a ionlfiguration whichl is in accordance with ac- Ilie applicant shall have the option of filing a separate bond for 429 430 *~~ SOUrH CAROLINA MINING AL-r � 48-19-90 48-19-90 ENVIRONMENTAL PROTECTION, LTC. ctach operating permit or of filing a blanket bond covering all an ilea under permit or within thirty days after each anniversary lilnling operations within the State for which he holds permits. of tlhe issuance of the operating permit, whichever is earlier, or at l[lie amount of each bond shall be based upon the area of affected such later date as may be provided by rules and regulations of the .,ind to be reclaimed under the approved reclamation plan or Department, and each year thereafter until reclamation is comn- pians to which it pertains, less any such area whose reclamation picted and approved. the operator shall file a report of activities li.s been completed and released from coverage by the Depart- completed during the preceding year on a form prescribed by the maert pursuant to � 48-19-100. Where such area totals less than Department, which shall: Irve acres, the bond shall be in the amount of two thousand five (a) Identify the mine, the operator and the permit number, hundred dollars; where it is five or more, but less than ten acres, (b) State acreage disturbed by mining in the last tweve-month the bond shall be in the amount of five thousand dollars; where it period; is ten or more, but less than twenty-five acres, the bond shall be in (c) State and describe amount and type of reclamation carried tile amount of twelve thousand five hundred dollars; where it is out and tye of reclamtion carried iwenty-five or more acres, the bond shall be in tile amount of out in the last twelve-month period; tmcety-five thousand dollars, provided, however, that where such (d) Estimate acreage to be newly disturbed by mining in the .iaea totals more than 25 acres, the Department may require a next twelve-month period; bond in excess of twenty-five thousand dollars where a greater (e) Provide such maps as may be specifically requested by the bond is necessary to insure reclamation as provided by this Department. hlapter. HISTORY; 196t Code 1 63-719; 1973 (5s) 314. Tihe bond shall be conditioned upon the faithful performance of ihe requirements set forth in this chapter and of the rules and � 4819-100. Inspections; correction of deficiencies; effect ,cgulations adopted pursuant thereto. Liability under the bond of failure to carry out reclamation plan. shall be maintained as long as reclamation is not completed in .olnpliance with the approved reclamation plan unless released Upon receipt of the operator's annual report or report of *.kaly upon written notification from the Department. Notification completion of reclamation and at any other reasonable time the Slladl be given upon completion of compliance or acceptance by Department may elect, the Department shall cause the per mit area lthe Department of a substitute bond. In no event shall the liability to be ected to determine whethe he operator ha complied ..t the surety exceed the amount of the surety bond required by with the reclamation plan, the requirements of this chapter, any lu.r section. rules and regulations promulgated hereunder, and the terms and In lieu of the surety bond required by this section, the operator cnditions of have the right at accredited representaties of the Depart ment shall have the right at all reasonable times to enter upon the Say file with the Department a cash deposit, negotiable securities, land subject to the permit for the purpose of making such inspec- .1 mortgage of real property acceptable to the Department. or an tion and investigation �a bgnnent of a savings account in a South Carolina bank on an sIignmnent of a savings account i a South Carona bank on an The operator shall proceed with reclamation as scheduled in the If the lien se to do busin ess in South Caroitment a of any surety approved reclamation plan. Following its inspection, the Depart- laf the license to do business in South Carolinla of any surety ment shall give written notice to the operator of any deficiencies upon a bond filed pursuant to this chapter should be suspended noted. 'Fle operator shall thereupon commence action within Ir Jevoked, tihe operator shall, within sixty days after receiving thirty days to rectify these deficiencies and shall diligently proceed notice thereof, substitute for such surety a good and sufficient until they have been corrected. The Department may extend ,*,,porate surety authorized to do business in this State. Upon aiure of te opsurety authorzed to domake such substitution. his tapermit shalUpon performance periods referred to in this section and in � 48-19-70 failure of the operator to make such substitution. ttis permit shall- for delays clearly beyond the operator's control, but only in cases for delays clearly beyond the operator's control, but only in cases where the Department finds that the operator is making every 111tSORy: 1962 Code �63-718; 1973 (58) 314. reasonable effort to conply. Upon completion of reclamation of an area of affected land, the � 48-19-90. Required reports. operator shall notify the Department. The Department shall make Within thirty days after completion or termination of mining on an inspection of the area, and if it finds that reclamation has been 431 432 E-31 SoUIrI CAROLINA MINING ACT 48-19-120 � 48-1-120 ENVIRONMENTAL PROTECTIONH ETC. piopcrly completed. it shall notify the operator in writing and tor of his right to a hearing at a stated time and place. The date release him iorom further obligations regarding such affected land. for such hearing shall be not less than thirty nor more than sixty At the same time it shall release all or the appropriate portion of days after the date of the notice, unless thdie Department and the any performance bond or other security which he has posted operator shall mutually agree on another date. The operator may undeIr � 48-19n40. appear at the hearing, either personally or through counsel, and If at any time tile Department finds that reclamation of the present such evidence as he may desire in order to prove that no permit area is not proceeding in accordance with the reclamation violation has taken place or exists. If the operator or his represent- plan and that the operator has failed within thirty days after notice ative does not appear at the hearing, or if the Department follow- to coummence corrective action, or if the Department finds that ing the hearing finds that there has been a violation, the Depart- icclamation has not been properly completed in conformance with ment may suspend the permit until such time as the violation is tihe reclamation plan within two years, or longer if authorized by corrected or may revoke the permit where the violation appears to the Department, after termination of mining on allny segment of be willful. the permit area. it shall initiate forfeiture proceedings against the The effective date of any such suspension or revocation shall be bond or other security filed by the operator under � 48-19-130. In sixty days following the date of the decision. An appeal to the addition, such failure shall constitute grounds for suspension or Mining Council under 14819-150 shall stay such effective date revocalion of the operator's permit, as provided in � 48-19-120. until the Council's decision. A further appeal to the Court of ttISTOItY: 1962 Code i 63-720; 973 (5) )314. commion pleas under � 48-19-160 shall stay such effective date until the date of the court judgment. If the Department finds at � 48-19-110. Modification of reclamation plan and other the time of its initial decision that any delay in correcting a terms and conditions of permit violation would result in imminent peril to life or danger to If at any time it appears to the Department from its inspection property or to the environment, it shall promptly initiate a pro- of the affected land that the activities under the reclamation plan ceeding for injunctive relief under 1 48-19-180 hereof. The pen- .ned other terms and conditions of the permit are failing to achieve dency of any appeal from a suspension or revocation of a permit the purposes and requirements of this chapter it shall give the shall have no effect upon such action. operator written notice of that fact. of its intention to tmodify the Any operator whose permit has been suspended or revoked eclamiation plan and other terms and conditions of the permit in shall be denied a new permit or a renewal of the old permit to .s stated manner, and of the operator's right to a hearing on the engage in mining until lie gives evidence satisfactory to the Iloposed modification at a stated time and place. The date for Department of his ability and intent to fully comply with the ,uch hearing shall be not less than thirty nor more than sixty days provisions of this chapter, rules and regulations promulgated afliter the date of the notice unless the Department and tile hereunder, and the terms and conditions of his permit, including operator shall mutually agree on another date. Following the the approved reclamation plan, and that he has satisfactorily healing the Department shall have the right to modify the recla- corrected all previous violations. mation plan and other terms and conditions of the permit in the HlsroRy; 1962 Code � 63-722; 1973 (SS) 514. limennr stated in the notice or in such other manner as it deems appropriate its view of the evidence submitted at the hearing. � 48-19-130. Forfeitureofbond. IlSTORtY; 1962 Code � 63-721; 197S (58)314. Whenever the Department determines the necessity of a bond � 48-19-120. Suspension or revocation of permit. forfeiture under the provisions of � 48-19-100, or whenever it revokes an operating permit under the provisions of � 48-19-120. Wtiheonever thie Department shall have reason to believe that a it shall request the Attorney General to initiate forfeiture proceed- . slolation of (a) this chaplter (b) ally rules and regulations promul- ing s against the bond or other security filed by the operator under gated hereunder, or (c) the terms and conditions of a permit. � 48-19-80; provided. Iowever that no such request shall be iclluding tihe approved reclamation plan. has taken place. it shall iimade for forfeiture of a bond until the surety has been given serve wlitten notice of such fact upon the operator, specifying the written notice of the violation and a reasonable opportunity to l.ts constituting sulcl apparent violation anrd informing the opera- take corrective action. Such proceedings shall be brought in the 433 434 0) ~O � SoUTH CAROLINA MINING ACT � 48-19-150 148-19-150 ENVIIRONMENTAL PROTECrIrON, ETC. ianie of the State of South Carolina. In such proceedings, tile face appeal may be taken fiom the Council's decision to the court of ,arolont of the bond or other security, less any amount released by common pleas as provided in � 48-19-160. the Department pursuant to � 48-19-100, shall be treated as HIISTORY: 1962 Code j 63-725; 1973 (58) 314. liquidated damages and subject to forfeiture. All funds collected as a result of such proceedings shall be placed in a special fund and � 48-19-160. Appeal of Mining Council's decision to court. uised by the Department to carry out, to the extent possible, the reclamation measures which the operator has failed to complete. If An appeal to the courts may be taken from any decision of the the amount of the bond or other security filed pursuant to this Mining Council, in the manner provided by Chapter 7 of Title 18. section proves to be insufficient to complete the required reclaina- Such an appeal may also lie against the Department's refusal to tionl pursuant to the approved reclanmation plan, the operator shall release pan or all of a bond or other security posed under I 48 be liable to the Departent for any excess above the amount of 19--80. as provided in � 48-19-100. Any such appeal may be filed she bond or other security which may be required to defray the in the Court of Common Pleas for Richland County or for the rost of completing the required reclasmation, county in which the mining operation is to be conducted. IttSTORY; 196g Cude � 63-723, 1973 (58) 314. thlSTuY: 1962 Code -726; 1973 58 314. � 48-19-140. Manner o giving ce. 4-19-170. Promulgation of rules and regulations by Whenever in this chapter written notice is required to be given Mining Council. by the Department, such notice shall be mailed by registered or The Mining Council shall be responsible for promulgating rules e rtified mail to the permanent address of the operator set forth in and regulations respecting the administration of this chapter and his most recent application for an operating permit or for a in conformity herewith. Such rules and regulations shall set forth modification or renewal of such permit. No other notice shall be the duties of operators applying for permits under this chapter kequired. and also those of the Department Director, his subordinates, or tqiSTOR V; 1962 Code 1 63-724; 1973 (5l 314. designees. No such rules or regulations shall become effective until after public hearings thereon before the Council. Such public hearings are to be held after thirty days' notice of which has been � 48-19-150. Appeal to Mining Council. published and sent to each person, firm, or corporation who has An appeal may be taken to the Mining Council from any requested the Council to be notified of any such hearing and det-isioli or determination of the Department refusing, modifying, notice published for three weeks in a newspaper having circulation Nuspending, revoking, or terminating anl operating permit or recla- throughout the state of South Carolina. imltion plan, or imposing any term or condition on such permit or HISTORY; 962 Code 63-72; 1973 (59) 314. cdlainationl plan. The person taking such appeal shall within sixty days after the Departmnent's decision give written notice to the Rencarch and Practice Referances- Mlining Council through Its secretary that he desires to take an aIppeal, at the same time filing a copy of such notice with the i)epartment. The Chairman of the Mining Council shall fix a � 48-19-180. Sanctions for violation of chapter. ieasonable time and place for a hearing, giving reasonable notice In addition to other penalties provided by this chapter, any thereof to the appellant and to the Department. The Mining operator who engages in mining in willful violation of the provi- (-oincil, or a committee thereof designated by the Council's rules sious of this chapter or of any rules and regulations promulgated of procedure, shall thereupon conduct a full and complete hearing hereunder or who willfully misrepresents any fact in any action .is to the matters in controversy, after which it shall within a taken pursuant to this chapter or willfully gives false information reasonable time give a written decision setting forth its findings of in any application or report required by this chapter shall be lict and its conclusions. The Council or its designated committee deemed guilty of a misdemeanor and, upon conviction, shall be allky affirm, affirm with modifications, or overrule the decision of fined not less than one hundred dollars nor more than one Ihe Department and may direct the Department to take such thousand dollars for each offense. Each day of continued violation 1i llon as may be required to effectuate its decision. A further after written notification shall be considered a separate offense. 435 436 E-33 Sou'rit CAROLINA kfimNc. ACT 448-19-2 10 j48-19-2 10 ENvto-iRONENTAL PtO-cTECioN, FTC. In Addition to otlher remedies, the Department may institute any rights-of-way or borrow pits maintained solely in connection with ,ppr51opriaic ialitio or Proceedings to pi-event, restrain, correct, or tile construction, repair, and maintenance of the public road .11)a~c ally violationl of this chapter of of any rules and regulations systems of South Carolina; provided, that this exemption shalt not pI olnulgated thereunder, become effective until the State iHighway' Commission shall have hIfSTORY: 1962 Cod" 1 63-728; 1tS3 (fig) 3 14 adopted reclamation standards applying to such activities and such itescaach and t'raence lotcertoces~- standards have been approved by the Mining Council. The provi- ,st Cjs. Mines and SMierals �� 241. 242. sions of this chapter shall not apply to mining on Federal lands 24 Am jur PI 1: Pr Forms (Rev cd). Waters. Formn 191 (complaint. petition, or under 3 valid permit from the U.S. Forest Service or the U.S. 'kqlaftiraon to enjoin pollution caused by snfip-mInIIing Coal). Bureau of Land Management. Id Amk-r Tsials, Subterranean Water Pollution �j I et HSTORY ua'oa' 962 Code � i3-73 I; 1973 (58) 314. ,.LK and L Ed Annoit"Ima.- I aIctimity Noe alltino ubr rrnia ite~ 8A~~ 36. efcso � 48-19-220. Other powers of Department; cooperation l'zelsnnnay mam Iiory iWOn~m to preyent. corret', or redute withki gofenetl gn s I..Iulinng practices. 49 ALR3d 1239w i h g v rmnaaeces The Department, with the approval of the Governor, and in �48-19-190. Chapter shall not Affect zoning regulations or order to accomplibih any of the purposes of the Department, may ordinances, apply for. accept, and expend grants from the Federal government No provision of this c atrshall be construed in s pesd or ;and its agencies and from any foundation, corporation. associa- -otherwise afetor chpreetthe supeeeofayzoigrsedel tion, or individual. may enter into contracts relating to such tno riancectul adpteventythe enfocmen rt of m iianiy zonigrga grants; and may comply with the terms, conditions. and limitations Innsill or bydiancduy adopednby aicordpamntofrthseSd atmuicepaltyo of any such grant or contract. The Department may engage in inut~ sapoision orfb any suech ordeguartiont of ordisnSaneecept i such research as may be appropriate to further its ability to ,htiusf asaprvsonoflanischrultio ororinanc tis ch p tr accomplish its purposes under this chapter. and may contract for WNTORY ect cnictd wit 63his 1chapter.14 such research to he done by others. 'The Department may cooper- II~aTORY: 1962 Code 403.729, 1973 (58) 314. ate with any Feder-Al. state, or local government or agency, of this Cro.ft referencesa or any other state, in mutual programs to improve the enforce- Is to municipal zotting and painning, Ice �� 5-23-0 t) acieq. ment of this chapter or to accomplish its purposes more success- fully. �48-19-200. Chapter shall not impair right to bring action. HISTORY. 1962 Code 1 3-732; 1973 (58) 314. No provisions of this chapter shall be constirued to restrict or "Pair like -right of ally private or public person to bring any legal � 43-1 9-230. Lands to be included in reclamnation plan. in equitable action for damiages or redress against uiiusances or All lands mnined subseqitens to July 1, 1974 shall be included in ha~zards. a reclaniation plan. I-IISIORY; 1962 Code � 63-730; 1973 (58) 314 HISTORY; 1962 Code 463-733; 1974 (58) 2397. R..earch and Practice Refetucrc.,- 51 AinJur 2d, &lines anid Mtinerals It 174. 194. %s QJS. munes and Minerals � 237. 17 Aini Jur Pi1 & Pr Formks (Rev ed). 16tnes -fild Minerals. Forams 41-4.5 (entry im~ il-pectolo). � 48-19-210. Chapter shall not apply to certain activities and areas. The provisions of this Chapter shall not apply to those activities thle South Carolina State l-ighway Comnalission, nor- of any perison acting under contract with file Commission, Otil highway 437 438 OIL AND GAS 48041-10 ARTICLE VIIl This Compact shall expire September 1, 1937. But any state joining herein may. upon sixty (60) days notice withdraw herefrom. The representatives of the signatory states have signed this agreement In a single original, whidc shall be deposited in the archives of the Dcp..rtment of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states. The Compact shall become effective when ratified and approved as provided in Article I. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, celtified, and ratified." (C) The Governor of South Carolina is further authorized and directed, for and in the name of the State, to execute agreements for the further extension of the expiration date of the Interstate Oil Compact to Conserve Oil and Gas in the event that South Carolina becomes an oil-producing state and is permitted to join in the Compact. (D) The Governor shall be official representative of the State on the Interstate Oil Compact Commission and shall exercise and perform for the State all the power and duties as an associate member or as a member, if the State is permitted to become a member, of the Interstate Oil Compact Commission; provided, that he shall have the authority to appoint an assistant representative who shall act in his stead as the official representative of the State on the said commission. The assistant representative shall take the oath ofoffice prescribed by the constitution, which shall be filed with any of the officials of the United States and State of South Carolina as may be provided for by law. HISTORY: 1976 (59) 1634. Editor's Note - This chapter is effective May 25. 1976. Research and Practice References - 38 An. Jur. 2d. Gas and Oil ! 158 A.LR. and L Ed. Annotations - Consnuluunality, comiruction. and application of compacts and statutes involving cooperation between states. 134 A.L.R. 1411. CHAPTER 43 Oil and Gas ARIFCLE i. General Provisions. ARTICLE 2. Exploration and Production. ARTICLE 3. Pollution Control; Terminal Facilities. ARTICLE 4. Vildlionls and Penalties. 53 E-35 S 48-43-10 ENVIRONMENTAL PROTEMTION AND CONSERVATION (B) "Commission" means the South Carolina Water Resources AiRn-ics I Commission. (C) "Person" means any natural person, corporation, association, GENERAL PROVISIONS partnership, receiver, trustee, executor, administrator, guardian, SEC. fiduciary, or other representatives of any kind, and includes any 48-43-10. Waste aindjson ttutmoas ~government or any political subdivision or agency thereof 48-43-20. Wastc and poilutiotl proibited. 48-43-30. s'.qw ac d'l.qacr. pIwcrs of omsulsson. (D) "Oil" means crude Wetroleysm oil and all other hydrocarbons, 48-43-40. Pubic nmwicc and hearings required for ns, rcgulations or orders; exception regardless of gravity, that are produced in liquid form by ordinary in Case of emergency; initiation of action by commission. production methods, but does not include liquid hydrocarbons that were 48-43-50. Powers of members or authorized employees of commission; powers ofctrut originally in a gaseous phase in the reservoir. coturt in case of failure or refusal to comply wilh subpoena. 48-43-c60. Appeals fron orders of commission. (E) "Gas" means all natural gas and all other fluid hydrocarbons not 48-43-60. Auhrials [oruf orders of coHemalsion. 48-43-70. Autlority of Depanment of Health and Elnvironmental Control. hereinabove defined as oil, including condensate because it originally was 48-43-80. Linauaior, on applicabilty of chapter. in the gaseous phase in the reservoir. 48-43-90 Construction of chapter. 48-43-100. Approval of raies and regulations by General Assembly. (F") "Corndensate" means liquid hydrocarbons that were originally in the gaseous phase in the reservoir. 48-43-10. Definitions. (G) "Pool" means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure that is Unless tie context otherwise requires, the terms defined in this section accumulation of oil or gas o th; each zone of a structure is a pool. shall have the following meanings when used in this chapter: completely separated from any other zone in the same structure is a pool. shall have th means ans and includes: this chapter: (11) "Field" means the general area underlaid by one or more pools. (A) �fvastc" means and includes: (1) Physical waste, as that term is generally understood in the oil and (I) "Owner" means the person who has the right to drill into and gas industry; produce from a pool and to appropriate the oil or gas that he produces (2) Tle iefelficient, excessive, or improper use, or the unnecessary therefrom either for himself or for.himself and others dissipation of, reservoir energy; (]) "l'roducer"means the owner of a well or wells capable ofproducing (3) The inefficient storing of oil or gas; oil or gas or both. (4)The locating. drilling, equipping, operating, or producing of any oil (K) 'Just and equitable share of the production" means, as to each or gas well in a manner that causes, or tends to cause, reduction in the person, that part of the authorized production from the pool that is quantity of oil or gas ultinlately recoverable from a pool under prudent substantially in the proportion that the amount of recoverable oil or gas and proper operations, or that causes or tends to cause unnecessary or or both in the developed areas of his tract or tracts in the pool bears to excessive surface loss or destruction of oil or gas; the recoverable oil or gas or both in the total of the developed areas in (5) 'Ille production of oil or gas in excess of (a) transportation or the pool. marketing :acilites; (b) the amount reasonably required to be produced in (L) "Developerdarea" means a spacing unit on which a well has been the proper drilling, completing or testing of ile well from which it is completed that is capable of producing oil or gas, or the acreage that is produced; or (c) oil or gas otherwise usefully utilized but gas produced otherwise attributed to a well by the commission for allowable purposes. from an oil well or condensate well pending the time when, with (M) "Protect correlative rights" means that the action or regulation by reasonable diligence. the gas can be sold or otherwise usefully utilized on the commission should afford a reasonable opportunity to each person terms and conditions that arejust and reasonable shall not be considered entitled thereto to recover or receive the oil or gas in his tract or tracts waste if the production of such gas has been approved by order of the or the equivalent thereto, without being required to drill unnecessary commission; wells or to incur other unnecessary expense to recover or receive such oil (6) Underground or aboveground waste in the production or storage or gas or its equivalent. of oil, gas, or colideissate, however caused, and whether or not defined (N) "Product" means any comnmodity made from oil or gas, and int olhec subdllivisi.iis hlier-of. ilcludles rclill(ed crude oil, crude tops. toppled crude, prilessedl crude, 55 ( -54 _ 54 _~~~~~~E1 { 48-43-20 ENVIRONbSENTAL PROT.CTLON AND CONSERVATION OIL AND GAS 484S-30 processed crude petroleum, residue from crude petroleum, cracking � 48-43-30. Scope of chapter; powers of commission. stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casihghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, (A) This chapter shall apply to all lands however owned, including the waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with submerged lands, both inland and offshore, tidelands and wetlands one or more liquid products or by-products derived from oil or gas, and located wihin thejurisdictional limits of the State and any lands owned or blends or mixtures of two or more liquid products or by-products derived administered by any government or any agency or political subdivision fo oil o gas ther ri eumerated or . ereof, over which the State, under its police power has jurisdiction; and fronm oil or gas, whether hcrein enumerated or not. to that end the commission is authorized to: (0) "t111rg oil" tianls oil that has been produced from any well within (1) Prevent wastp of oil and gas, to protect correlative rights and to the State ill excess of the quantity permitted by any rule, regulation, or prevent pollution of the water, air and land by oil or gas, and otherwise order of the conumission. to administer and enforce this dlapter. It has jurisdiction over all persons (P) "Illegal gas" menals gas that has been produced from any well and property necessary for that purpose. In the event of a conflict, the within the State in excess of the quantity permitted by any rule, regulation, duty to prevent waste is paramount. or order of the commission. (2) Make such investigations as it deems proper to determine whether (0,) '"ll~egalproduct"means any product derived in whole or in part action by the commission in discharging its duties is necessary. from illegal oil or illegal gas. (3) Hire personnel to carry out the purposes of this chapter. (B) Without limiting its general authority, the commission shall have (K) "Certificae of clearance" means a permnit prescribed by the die specific authority: counmission for the transportation or the delivery of oil or gas or product. (1) To require: (S) "'ollultait" means any emission that significantly derogates the (a) Identification of ownership of oil or gas wells, producing leases, quality of the air, water or land. tanks, plants, structures, and facilities for the transportation or refining of (T) "Pollhtion" means the act of emitting pollutants into the air or oil and gas; water or oknto thle land. (b) 'lThe preparing and filing of well logs and samples, directional surveys and reports on well location, drilling and productionl; provided, (U) "lRovalirl owier" mealis the person who pursuant to a lease however, that the log and samples of an exploratory or wildcat well need arrangement wuh anlother has the light to receive, free of cost, an not be filed before one year after tile completio of tile well and upon tIe allocation of production or payments based upon the value of production. filing of the log and samples of such well the commission shall keep tile HISTORY. 1977 (b0) 414. log and samples and information contained therein confidential for one Edilur's Nter - year front the date of filing if requested by the operator in writing to do 5Is (Ilapterr la ctfcttiv Jtlc is. 1n977. so and the commission may keep the log and samples and information contained thereileconfidential for an additional year at its discretion if the olperator requests in writing that the commission keep such log aind � 48--13-L20. Waste and pollution prohibited. samples and-information confidential for an additional year; 'lhe waste of oil and gas and tihe pollution of the water, air or land is (c) The drilling, casing, operation, and plugging of wells in such prohibited. manner as to prevent (a) the escape of oil or gas out of one pool into pItSmORY: 1977 (60) 4m14. another, (b) tile detrimental intrusion of water into an oil or gas pool that RIIsearchOltY: Practe977 Rr6) 414. is avoidable by efficient operations, (c) the pollution of fresh water Reecarch atnd Practice References -- supplies by oil, gas or saltwater, and (d) blowouts, cavings, seepages, and st8 A, I ,,r 2d,. (;. .I Oil � 157. fire; fire; A.L.It. Ald L.. Ed. Anirulationis - (d) Thlie takilg of tests of oil or gas wells; (luti.nl .I .11ll . ll .1t11 AliI fl StiluCsi rcIiieulin:ig I)TIohiaII)lk (ifr il or gAin In (C) The fialiishing by all persiLis wlho) apply for a lrilling Ipernilt a Al J11.lll ,l , IdIl (lliJottOS ll.(ailallticg %V14. 8lii A.L R. 311 reason.lble performance bonld with good and stuflicient sinety with thle S7) 57 E-'l7 ,,il. gas. condensate or product that crosses the lands and under waieris Staite of South Carolina as beneficiary to indemnify the State from loss o l are within the itorial jurisdiction of the State o expense resulting froni such Pers~ll's failure to comply with th e p rovillsat are within the territorial jurisdiction of the State of South Carolina expense resulting from such person's ailure to comply with the provisions he located under the bottom of the Atlantic Ocean, its harbors, bays and of this chapter or the rules, regulations or orders of the commission other bodies of water which are a part of the Atlantic Ocean so that the including the duty to plug each dry or abandoned well and to repair each ipelines will not interfere with navigation, fishing, shrimping, and other well causing waste or pollution if repair will prevent waste or pollution; lawful recreational and commercial activities. a performance bond may cover more than one drilling operation of the same person provided that the amount of such performance bond is (2) To regulate: increased to cover the additional well each time an application for a (a) The drilling. testing, Completing. stimulating, producing, drilling permit is submitted to the commission by that person; reworking and plugging of wells, and all other operations associated with (i) That the production from wells be separated into gaseous and liquid the production of oil and gas; hydrocarbons. and that each be measured by means and upon standards (b) The spacing or locating of wells; that may be prescribed by the commission; (c) Operations to increase ultimate recovery, such as cycling of gas, the (g) That wells not be operated with inefficient gas-oil or water-oi maintenance of pressure. and the introduction of gas. water or other ratios, to fix these ratios. and to limit production from wells with substances into a producing formation; ineflicient gas-oil or water-oil ratiosi; (d) The disposal of saltwater and oilfield wastes; (h) Certificates of clearance in connection with the transportation or delivery of oil, gas, or product; (e) The exploration for oil or gas in the waters and on tie lands that {i) The metering or other measuring of oil, gas, or product; are within the jurisdictional limits of the State regardless of ownership; (j) That every person who produces, sells. purchases, acquires, stores. (f) The transportation of oil and gas, as defined by this chapter and as transports, refines. or processes oil or gas in this State keep and maintain distinguished by the definitions from product. from whatever source to complete and accurate records of the quantities thereof, which records gathering systems. refineries, and other storage and processing facilities shall be available for examination by the commission or its agents at all which handle oil and gas; reasonable times; (g) The comminingling of oil and gas produced from wells having 1k) The filing of reports or plats with the commission that it mav different owners or producers and to adopt such rules and regulations P' f, l ,, ' applicable to such commingling as may be necessary to protect the rights , 'J ', :l ,,I' f.'lt , lJ',:l,- ari'd /4fih',re expi:anton of oil and Zas both of the owners, producers and royalty owners of the wells from which the ors. ;.X,.,8 .. 1.: ". .4t'' l ~4' 0h- l.h:-r f ,slars wetlands or submerged commingling oil or gas is produced. (3) To limit the production of oil, gas or condensate from any field, f(ll) 'I ihe plait lg o meters approved by the commission which shall at pool, area, lease, or well, and to allocate production. all tunes be under tile supervision and control of the commission (4) To classif, and reclassify pools as oil, gas and condensate pools and wherever the commission may designate on all pipelines, gathering to classify and reclassify wells as oil, gas or condensate wells. systems, barge terminials, loading racks, refineries, or other places (5) To promulgate. after hearing and notice as hereinafter provided, deemed necessary to prevent the transportation of illegally produced oil such rules and regulations. and issue such orders reasonably necessary to and gas; prevent waste and oil discharges from drilling and production platforms, (n) Payment of reasonable fees for all publications, materials, charts, pipelines, gathering systems, processing facilities, storage facilities, services and similar items furnished to persona at their request; refineries, port facilities, tankers and other facilities and vessels that mnay (o) That all persons who desire to dril wells for oil or gas obtain a be a source of oil spills and to protect correlative rights. to govern the permit from the commission prior to the commencemelt of any drilling pratice and procedure before the commission and to fulfill its duties and operations; the purposes of this dchapter. (p) That all pipelines placed in thie Atlantic Ocean, its harbors. bays and HiSTORY: 1977 (60) 414. other bodies of waler which are a part of Ihe Atlantic Ocean to transport 59 58 * ~~W regulations shall be filed with the Secretary of State. A copy os any rule, 48-43i40 opubUc nordsctiod h earings required for ruies, regulation or order, certified by any member of the commission or regulations or orders; exception in seof emergency; st Executive Director, under its seal, shall be received in evidence in all of action by commission. courts of this State with the same effect as the original. (A) No rule, regulation or order, or amendment thereof, except in an (E) The commission may act upon its own motion or upon the emergency. shall be made by the commission without a public hearing application of any interested person. On the filing of an application upon at least twenty days' notice, exclusive of the date of service. No concerning any matter within the jurisdiction of the commission that permit for the construction of a deep water port shall be granted by the requires a hearing, the commission shah promptly fix a date for a hearing commission without a public hearing upon at least twenty days' notice, thereon, and shall cause notice of the hearing to be given. The hearing exclusive of the date of service. At least twenty days prior to the invitation shall be held without undue delay after the filing of the application. The for bids for the leasing of State lands for the purpose of oil and gas commission shall make its order within thirty days after the conclusion exploration and production, a public hearing shall be held. The public of the hearing. hearing shall be held at such time and place as may be prescribed by the HISTORY: 19N7 (J0) 414. commission, and any interested person shall be entitled to be heard. Research and Practice Refereace - (B) When an emergency requiring immediate action is found to exist, I Am. Jur. , Adminstuative Law II 279-288. thle commission may make an emergency order without notice of healing, 73 C.J.S.. Public Administrative Bodies and Procedure if 97-98. which shall be effective when made. No emergency order shall be effective A.LR. a L E. An io - for more than sixty days. Comment note on hearsay evidence in proceedings before state administrative (C) Any notice required by this chapter shall be given by the agenmies. 36 A.LR. 3d 12. commission. Any such notice, at the election of the commission, may be Necebsity of some evidence at hearing to support decision of public board or offticial given by any one or more of the following methods: (a) personal service, required to be made after or upon hearing. 123 A.LR. 1349. (b) publication in one or more issues of a newspaper in general circulation in the State capital or of a newspaper of general circulation in the county S 48-43-50. Powers of members or authorized employees of where the land affected or some part thereof is situated, or (c) by United commission; powers of circuit court in case of failure or refusal States mail addressed, postage prepaid, to the last known mailing address to comply with subpoena. of the person or persons affected. The date of service shall be the date on which service was made in the case of personal service, the date offirst (A) Any member or authorized employee of the commission shall have publication in the case of notice by publication, and the date of mailing the power to conduct hearings, to summon witnesses, to administer oaths in the case of notice by mail. The notice shall be issued in the name of and to require the production of records, books and documents for the State. shall be signed by the Chairman, Secretary or Executive examination at any hearing or investigation conducted by the commission. Director of the commission, shall specify the style and number of the (B) Upon failure or refusal on the part of any person to comply with proceedings. the time and place of the hearing, and shall briefly state the a subpoena issued by the commission, or upon the refusal of any witness purpose of the proceeding. Should the commission elect to give notice by to testify as to any matter regarding which he may be interrogated and personal service, such service may be made by an officer authorized to which is pertinent to the hearing or investigation, any circuit court in the serve process, or by any agent of the commission, in the same manner as State, upon the application of the commission, may issue an order to is provided by law for the service of process in civil action in the courts compel such person to comply with such subpoena, and to attend before of tihe State. Proof of the service by such agent shall be by the affidavit of the commission and produce such records, books and documents for the agent making personal service. examination, and to give his testimony. Such court shall have the power (D) All rules, regulations and orders made by the commission shall be to punish for contempt as in the case of disobedience to a like subpoena in writing, shall be entered in full and indexed in books to be kept by the issued by the court, or for refusal to testify therein. commission for that purpose, and shall be public records open for HISTORY: 1977 (60) 414. inspection at all times during office hours. In addition, all rules and 60 61 E-39 Resach and Practice References 484-0 iiaino- lcblt fcatr I Am. ]ur. 2d. Administrative Law It 265-272. 84-0 iia~no pplcblt fcatr 73 CJ-S.. Public Adminisuaattve l~odics a"d Procedure 11 86. 128. Nothing in this chapter shall be deemed to apply to the storage or AL1-t. and L Kit. Annotation- rsptatino uf erlu as ort-nutia flet Power of administrative agency, to Investigation of novJudiicii l rnspratinolquefe ptolu gs to Indstsa euent subpoenas against persons not subjec to agency's regulatory jurisdiction. 27A.L.R.2d discharged into the waters or atmosphere of the State pursuant to either 1208. a Federal or State permit. "aludallnus Ins joullul cortt or Jiudge la te~tutrC whoess5 to I4 Oetfy o prIoduce HISTORY; 197? (60 414. duKNUMV111s. 41 A.L.K. -146. 548-43-60. Appeals from orders of commission. 54-39.Cntsto fcatr who i aggievedand as a direct interest in the subject This chapter shall be liberally construed to effect the purposes set forth Any person. weoeis andgthevedea WatrPluind Cotohcsaedd matter of any order issued by the commission, may appeal such order herin n h Fd lWte ouion~ Cnrl~ Act asa4eded wit hit fifteen days after the date such order is issued by the commission 3A HISTORY 19nd Envronen 4ilGI14. to the court of common pleas for the county in which the property that A CJS.HatanEvimicr �IM14 is the subject matter of such order is located, or, in the event property is 4 8 4 10.ApoaoftlsndrgainsbGerl not dhe subject mnatter of the action, to the court of common pleas for the ~ 44-0. Apoa frlsadrgltosb eea county in which the appellant resides or for any county in which the Assembly. appellant is doing business. Any order that is not appealed within fifteen All rules and regulations adopted by the department or commission, as days shall be final, provided for in this chapter, must be approved by the General Assembly The court of comnion pleas to which any appeal is taken shall hear the before they shall be effective; provided, however, no regulation approved appeal de novo, but if the commission has conducted a hearing reltirng by the General Assembly shall conflict, at the time of approval, with any to the subject matter of its order and made and maintained a record of requirement or be in excess of any statute, rule or regulation of the the hearing and the appellant has had an opportunity to be heard at the Federal Government or any department or agency thereof. hearing, the review of the court of common pleas shall be limited to the MMUToav 1977 (60) 414. record of the commission's hearing. The commission or the appellant may appeal the conclusions and ARTicLE 2 findings of the court of common pleas to the South Carolina Supremke ExpLoRATioN Amu PitozucrToN Court as provided in other cases. In all cases in which the comtnission is a party the Attorney General Skc. shall act as coutinsel for the commission. 48-43-310. Exploration permuits required. HISTORY; 1977 (60) 414. ~~~~~~~~~~~~48-43-320. AllocatjFpn of allowable production. IIISTO~~~~~tY; 1917 (80) ~~~~~~~~~~ 48-43-330. Establishnment of spacing units. Research and Practice References - 48-43-340. Integration of separately owned tracts or interests within a spacing unit. I Am. )or. 2d. Acbninistrative Law J� 539-552. 48-43-350. Unit operation of pools or parts thereof in field. 73 C.J.S.. Public Administrative Bodies and Procedure �J 160-185. 48-43-360. AgreemcFstsforunitorcooperativcdeVclopmnent or operation of fieldor pool. 48-43-370. Permits to drill oil oir gas wells required. 548-43-70. Authority of Department of Health and 48-43-380. Cancellation of gas and oil leases an the records. liability of lessee for failure Environmental Control. to supply lessor with instrument of cancellation upon requestL Nothin contined n thischaptr shal be o n s trud to upersde or48-43-390. Leasing of State lands for purposes of drilling for and producing oil and gas: Nothing ontainedin thischapter hall be onstrue to supesede orconstruction of offshore drilling platforms; construction of deep water take precedence over any of the power, authority or responsibilities port facilities. conferred upon the Departtnent of Ilealth and Environmental Control by Chapier I ofl'itle 48. IIISTORY; 1977 t60) 414. 62 63 S 48-43-310 ENVIRONMENTAL PIOTECMION AND CONSERYATION I ViL AN U - S 48-43-310. Exploration permits required. � 48-43-330. Establishment of spacing units. (A) The commission may. upon application or on its own nsotion and Thie coIuIInissioOn shall require that all persons who explore for oil or gas after a hearing establish spacing units for each pool within thejurisdiction of the State of South Carolina obtain an exploration (B) An order establishing spacing units slall specilf the size and shape permit li-om the commission. The commission may include in the permits of the units, which shall be such as will, in the opinion of the conmmission, such coditions ;and r cstrictions as the comnission deems to be desilable result in the efficient and cconomfcal dcvelopment of tde pool as a whole. or nct.essiry andli my charge a reasonable fee for the issuance of t'he lhe size of the spacing units shall not be smaller than thle maximum area pernlit, that can be efficienty and economically drained by one well; providedr All moneys collected by the commission pursuant to this section shall that if. a the time of a hearing to establish spacing units, there is not be forwarded to the State Treasurer who shall place such moneys in an sufficient evidence from which to determine the area that can be efficiently atcounllt for the commission and such moneys shall be used by the and economically drained byone well, the commission may make an order commllission l iI carrying out its duties imposed by this chapter. establishing temporary spacing units for the orderly development of the HISIORiY: 1977 (60) 414. pool pending the obtaining of the information required to determine what the ultimate spacing should be. (C) Except where circumstances reasonably require. spacing units shall 5 48-43-320. Allocation of allowable production. be of approximately uniform size and shape for tile entire pool. The commission may establish spacing units of different sizes or shapes for (A) WhVenever the commission limits the amount of oil that may be different parts of a pool or may grant exceptions to the size or shape of produced in the State, the commission shall allocate the allowable any spacing unit or units or may change the size or shape of one or more produclloni among tile pools on a reasonable basis. existing spacing units. Where spacing units of diflerent sizes or shapes ) Whenever tist in a pool, the commission shall, if necessary. make such adjustment (II) Whenever tie coanymission limits tale total amount of oil, gas, or of the allowable roduction from the well or wells drilled hereon so that �toIdenisdte that may be pcodtced in any pool to an amount less than the ainotun thaeit thie rol couled produce if no limitation were imposed. the each person entitled thereto in each spacing unit will have a reasonable commnlssion shall. subject to the reasonable necessities for thie prevention opportunity to produce or receive his just and equitable sha of waste, allocate the allowable production among the several wells or production. prosdliling lprolelis in dthe pool so that each person Cntitled thereto will (D) An order establishing spacing units shall specify the location for the have a reasonl.hble opportunity to produce or to receive a just and drilling of a well thereon, in accordance with a reason;ably niform spacing e(ltqitablle share of tihe producition, pattern, with necessary exceptions lot wells drilled or dIrilling at the time of notice of the hearing to consider spacing. If the commission finds that (C) In allocatiig oil allowables to pools, tie commission may consider, a well drilled atthle prescribed location would not be likely to produce in htit shall not be bound by, nominations of purchasers to purchase from paying quantities, or that surface conditions would substanli.dly add to the parlicular pools or groups of pools. The commission shall allocate the oil burden or hazard of drilling such well, or for other good cause shown, the allowalle lot Ihe State in such manler as will prevent undue commissio~n is authorized to make an order permitting the well to be discilinilatiomt atmong pools that would result from selective buying oi drilled at a location other than that prescribed by such spacing order. In nonillation by purchasers. so doing, the commission shall, if necessary, make such an adjustillent of IIISIOItY: 1977 (60) 414. the allowable production from the well drilled thereon so that each person Research and tractice References - entitled thereto in such spacing unit shall not produce or receive more 38 A,, l 2i, 1 ;.,s .,nd Oil � 16t1. than his just and equitable share of the production. A.L .R. and t.. I.d. AIl,,,.iano. -4- (E) An ordler estalhlishing spIacilig units for ; IpO4l shl.ll i over all l.lnds (.t 11111i,,4..hA ,,i .t11,1111 I4. faillgi ia (ti)h.' ms It-s llton li A, A I. . I 18. determin- or believed to Ioe Ulll ..ade lid hby sItI hI (,1..1i1 l t,.I i.,iv It ' I i(hlic-r by the commission linom time to time n al ditl ual lanids 6f4 f65 E-41 UIL AND AS - 9.... ,so, -ou deternmined to be underlaid by such pool or to exclude lands determined purposes, to have been actually produced from such tract or interest by not to be underlaid by such pool. a well drilled thereon. (F) An order establishing spacing units may be modified by the conamission to change the size or shape of one or more spacing units, ortegration order shall authorize the d. to permit the drilling ofadditional wells on a reasonably uniform pattern, and operation, or operation, of a well on the spacing unit; shall provide top Aterm the drilling ateofthenotiwell s fo a he reasonably utifor patt ern. who may drill and operate the well; shall prescribe the time and manner (G) After the dale of the notice for a hearing called to establish spacing in which all the owners in the spacing unit may elect to participate tlerein units, no additional well shall be commenced for production from the and shall make provision for the payment by all those who elect to pool until tihe order establishing spacing units has been made, unless the participate therein of the reasonable actual cost thereof, plus a reasonable commencement of the well is authorized by order of the comnission. charge for supervision and interest. If requested, each such integration order shall provide for one or more just and equitable alternatives Research 2and Pracwice Referece whereby an owner who does not elect to participate in the risk and cost 38 A.i Jlar. 2d, AMmoCosb at aw oi 3974215. of the drilling and operation. or operation, of a well may elect to surrender 38 Ain. Jur. 2d. Ca& and 3il i 154. 73 CJ S.. Publik Adininsiraive Bodies and Procedure Ji 130-138. his leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration which, if not agreed upon, shall ConsA.LR. lioliyofstutrolibiingorregulaing locadon of ilorgawUs. ALR be determined by the commission, or may elect to participate in the 270. drilling and operation, or operation, of the well, on a limited or carried basis upon terms and conditions determined by the commission to bejust j 48-43-340. Integration of separately owned tracts or interests and reasonable. If one or more of the owners shall drill, equip, and within a spacing unit. operate, or operate, or pay the costs of drilling, equipping, and operating, (A) When two or smore separately owned tracts are embraced within a or operating, a well for the benefit of another person as provided for in spacihg unit, or rwhen there arte separatelyowned interests in all or a part an order of integration, then such owner or owners shall be entitled to the spacing unit or wen t e are separately owned interests in all or a partlshare ofproduction from thile spacing unit accruing to the interest of such of a spacing unit, the interested persons may integrate their tracts or other interests for the development and operation of the spacing unit. In the production excpt in the of a royalty not to exceed one eighth of the absence ofvoluntary integration, the commission upon the application of case te royalty shl ot exceed one sixth of production until the market any interested pet son shall make an order integrating all tracts or interests value of such other erson's share of the production, exclusive Of such in the spacing unit for the development and operation thereof and for the value of such other sons share charg ed to the interest ox suc h other sharing of production therefrom. The commission, as a part of the order royalty, equals the sums payable by or charged to the interest of such o r establishing a spacing unit or units, may prescribe the terms and person. If there is a dispute as to the costs of drillng, eqipping or conditions *upon which the interest of the royalty owners in tile unit or operating a well, the commission shall determine such costs. I instances units shall, in shile absence of voluntary agreement, be deemed to he where a well s completed prior to the integration of interests in a spacing ulits shlall, in dlC a bsence of voluntary agreement, be deemed to be unithe shaling of productiol, shall be froll the ellcctive tale of the integrated without tile necessity of a subsequent separate order integrating the interest of the royalty owners. Each such hitegration order integration, except that, in calculating costs, credit slhall be given for tile shallb Irs and royalty that are just a ndrtegration value of'the owner's share of any prior production froum the well. shall be upon terms and conditions that are just and reasonable. HtSrOavz 1977 (60) 4t4. (1B) All operations, including, but not limited to, the commneuceent, R esearch and Practice f - drilling, or orpel ation of a well upon any portion ofa spacing unit for which 38 Ain. Jur. 2d. as and Oil i 172. anl intiegratiosl order has been entered, shall be deemed for all purposes A.LR. sad L Ed. Annotations - the colulcltl of si Sll operations upon each separately owned tract ory of a ry pooling r interest in Ithe silin uig usist by tile several owners thereof. That portion lessees ofoil all gas lands io develop their holding8, is a single ds illig a tih e liAn1. of tihe l)pro ) tianil allocated to a separately owned tract or interest 37 A I..R. 2d 434. included ill .1 sparinlg ulit shlall, when produced, he deeill(d, for all 66 67 @)2 S 48-43-350 ENVIRONMENTAL POTECrTION AND CONSERVATION UIL AND AS a (7) A provision for the supervision and conduct of the unit operations. 4843-350. Unit operation of poosh or parts thereof in field. in respect to which each person shal have a vote with a value (A) The commission upon its own motion may. and upon the corresponding to the percentage of the costs of unit operations application of any interested person shall, hold a hearing to consider the dhargeable against the interest of such person; need for the operation as a unit of one or more pools or parts thereof in (8) The time when the unit operations shall commence, and the a field. manner in which, and the circumstances under which, the unit operations (B) The commission shall make an order providing for the unit shall terminate; and operationl of a pool or panrt thereof if it finds that: (I) Such operation is reasonably necessary to increase the ultimate (9) Such additional provisions that are found to be appropriate for recovery of oil or gas; and ca" recovery of oil or gas; and carrying on the unit operations. and for the protection of correlative (2) Thle value of the estimated additional recovery of oil or gas exceeds rights. the estimated additional cost incident to conducting such operations. (D) No order of the commission providing for unit operations shall (C Tile order shall be upon terms and conditions that are just and become effective unless and until the plan for unit operations prescribed reasonable and shall prescribe a plan for unit operations that shall include: by the commission has been approved in writing by those persons who, (I) A description of the pool or pools or parts thereof to be so under the commission's order, will be required to pay at least seventy-five operated, termed the unit area, percent ofthe costs of the unit operation. and also by the owners of at least (2) A statement of the nature of the operations contemplated; seventy-five percent of the production or proceeds thereof that will be credited to inters whih are free of ceott such as royalties. overriding (3) An allocation to the separately owned tracts in the unit area of al credited to interests which are free of ost, such as royalties the oil and gas that is produced from the unit area and is saved, being the royalties and production payments. and the commission has made a production that is not used in the conduct of operations on the unit area finding, either in the order providing for unit operations or in a or not unavoidably lost. The allocation shall be in accord with the supplement order, that the plan for unit operations has been so agreement, ifany, of tile interested parties. If there is not such agreement approved. For purposes of calculating the requisite percentages necessary to effectuate an order of the commission when nnleased acreage is the commission shall determine the relative value, from evidence effectuate an order the commission whe acreage as introduced at the hearing, of the separately owned tracts in the unit area eected by su order, the owner of the acreage shall be considered to exclusive of physical equipment, for development of oil and gas by unit be an owner and royalty owner in respective proportions of seven eighths operations, and the production allocated to each tract shall be the as ownr and one th as royalty owner except in a case when the pioportion that the relative value of each tract so determined bears to the acreage is owned by the State in which case the proportion shall be five sixths as owner and one sixth as royalty owner. If the plan for unit relative value of all tracts in the unit area; (4) A provision for the credits and charges to be made in the operations has not been so approved at the time theorderproviding for adjustment among the owners in the unit area for their respective unit operations is made, the commission shall upon application and notice r hold such supplemental hearings as may be required to determine if and invcstmcius in wells, tanks, pumps, machinery, materials, and equipment when the plan for unit operations has been so approved. If the persons (5) A provision providing how the costs of unit operations, including owning required percentage of interest in the unit area do not approve capital investments, shall be determined and charged to the separately on which the order providing for unit operations i s made suc h or der shall owned tracts and how such costs shall be paid, including a provision on which the order providing for unit operationss made, such order shall providing when. how, and by whom the unit production allocated to an be ineffective, and shall be revoked by the commission unless for good owner who does not pay the share of the cost of unit operations charged cause shown the commission extends such time. to such owner, or the interests of such owner, may be sold and the (E) An order providing for unit operations may be amended by an proceeds applied to the payment of such costs; order made by the commission in the same manner and subject to the (6) A provisionl, if necessary, for carrying or otherwise financing any same conditions as an original order providing for unit operations. person who clctLs to be cairied or otherwise financed, allowing a povif/el (a) ifsuch an amendment affects only the rights and interests of reasonable in.rcst c:harge for such service payable out of such person's t he approval of the amendment by the royalty owners shall shlare of the I)l c(lu( io)n; 69 B- g9 48-43-350 ENVIRONMENTAL PROTECrrON AND CONSERVATION OIL AND GCAS 48-43-370 not be required. and (b) no such order of amendment shall change the (K) Except to the extent that the pardes affected so agree. no order percentage fotr tile allocation of oil and gas as established for any providing for unit operations shall be construed to result in a transfer of separately owned tract by the original order, except with the consent of all or any part of the tide of any person to the oil and gas rights in any all persons owning oil and gas rights in such tract, or change the tract in the unit area. All property, whether real or personal. that may be percentage for the allocation of cost as established for any separately acquired in the conduct of unit operations hereunder shall be acquired for owned tract by tile original order, except with thdie consent of all owners the account of the owners within the unit area, and shall be the property in sucht tract. of such owners in the proportion'that the expenses of unit operations are (F)j 'lic cou!ilbsion, by an order, may provide for the unit operation charged. of a pool or pools or parts thereof that embrace a unit area established HISTORYt 1977 (60) 41o by a previous order of the commission. Such order, in providing for the iescarhs and ractie Refe-nre - allocation of unit production, shall first treat the unit area previously 38 A. Jur. d Gas and Oil 172. established as a single tract, and the portion of the unit production so AIL- and L. d Anomaoat - allocated thereto shall then be allocated among the separately owned Consturtionality of statute prohibiting or regulating location of oil r gas wells. 3 tracts included in such previously established unit area in the same ALE. 270. ooti ntionstatte orordinncer qtFC owFX or Validity ofcommplsoY pooling orunidauionsmameor ordinance requiriig owne?..at proportions as those specified in the previous order. Ics of oil and gas land to develop their holdings as a single drilling unit and the like. (G) An order may provide for unit operations on less than the whole7 LR 2d 44. of a pool where thie unit area is of such size and shape as may be reasonably required for that purpose. and the conduct thereof will have no adverse 5 4843360. Agreements for unit or cooperative development or elfect upoil other portions of the pool. operation of field or pool. (11) All optrations. including. but not limited to. the commencement, An agreement for the unit or cooperative development or operation of drilling or opel ,alon of a well upon any portion of the unit area shall be a field. pool or part thereof may be submitted to the commission for deemed for all purposes the conduct of such operations upon each approval as being in the public interest or reasonably necessary to prevent separately owned tract in the unit area by the several owners thereof. The waste or protect correlative rights. Such approval shall constitute a portion of the unit production allocated to a separately owned tract in a complete defense to any suit charging violation of any statute of the State unit area shall, when pi oduced, be deemed, for all purposes. to have been relating to trusts and monopolies on account thereof or on account of actually produced from such tract by a well drilled thereon. Operations operations conducted pursuant thereof. The failure to submit such an conducted pursuant to an order of the commission providing for unit agreement to the commission for approval shall not for that reason imply operations shall constitute a fulfillment of all the express or implied or constitute evidence that thdie agreement or operations conducted obligations of acah lease or contract covering lands in the unit area to the pursuant thereto are in violation of laws relating to trusts and monopolies. extent that compllance with such obligations cannot be had because of the IIISTORY; 1977 (60) 414. order of the coullisrsion Research s.,d Practice References - (I) The portion of the unit production allocated to any tract, and the 318 Am Jtr. 2d, Gas and Oil � 165. 171. proceeds roml tihe sale thereof, shall be the property and income of the several irsons to whom, or to whose credit, the same are allocated or 4843-370. Permits to drill oil or gas wells required. payable under thle order providing for unit operations. (A) The commission shall require that all persons who desire to drill U) No division order or other contract relating to the sale or purchase oil or gas wells obtain a permit for each well proposed to be drilled prior of producll I(t Lu a eCl).ll'ately owned tract shall be terminated by the to the comnuencctlent of any drilling operalions. The drilling of ally well order plovidnlIg hlo 111111 opra iollns, but shall Iremain inl louc at ad apply is hereby pltlliteild Ulltil a pclinit is grall;ed by tihe contutlaission. tI oil and ga.s .Ihall(al( td tlo ut(lih tiract until terllil;luaed in ar or'd.llce with (I) No p-ernmit to drill a gas or oil well sihall be gr ailted willilu the the pirovislois h1114, ol. corporate limits of any Inunicipality. unleSS the goverltnilg alulhuL Iy ot'lhe 70 71 OIL AND GAS ' 48-43-39 5 4843-380 ENVIONMEaNTAL PROl-EcTioN AND CONSERVATION mnullicipality shall have first duly approved tile issuance of such permit by Water Resources Department is hereby designated as the exclusive ager resolution. for the board in selecting lands to be leased, administering th (C) No permit to drill a gas or oil well on any beach shall be granted competitive bidding for leases. administering the leases. receiving an by the commission. compiling comments from other State agencies concerning tlk HIlSTORY;: 1977 60) 414. desirability of leasing the State lands proposed for leasing and such oth, A.LR. and I- Ed. Annolatios - activities that pertain to oil aid gas leases as may be included herein tIulmsllltfltah t yr oi -taiUte prohibiing or regulating location of oil or gas wells. S responsibilities of the board. A ..R. 270. P ilhigi: -r Is egltlllusg rrelovid or exploitation of oil and gas, mincrals, soil, or other (B) Upon resolution adopted by a majority of the board. the board ma natiral products wilhin municipal liraits. 10 A.L.R. 34 1226. lease any of those lands heretofore enumerated if the board finds that th lease of the lands would not be detrimental to the State and its citizer � 48-43-380. Cancellation of gas and oil leases on the records; and if the commission recommends that a lease of the lands be grantet liability of lessee for failure to supply lessor with Instrument of The Governor as Chairman of the board shall execute all oil and g; cancellation upon request. leases. The leases shall be filed in the county in which the land is sitlate as all other instruments conveying real estate arc filed except leases 4 Whenever by reason of tie termination of the full period within which offshore lands shalt be fled in the oices of te ark lecxcet las a pubt oaptional o r eilalease whiat of anycor offshore lands shall be filed in the offices of the commission as a publ an Optional gas and oil lease which is of record may be kept alive by the record. he commission shall have the responsibility of administering payments uf Ieials. or at the tennrmination of any of the options in such such leases for the oard. lease by leason of failure on the part of the lessee to comply with the conldition ice ciil for the prevention of forfeiture, such lease shall lapse, (C) Any lease executed pursuant to this section shall be for a term, tihe lessee shall, on request in writing by the lessor, with an instrument, no more than five years unless substantial drilling operations have bet duly acLnowledged, direct the cancellation of such lease on the records commenced on the property in which case the lease shall be extendt or shall supply the lessor with stuch instrumenlt. from year to year so long as substantial drilling operations continue unle Any Icalee laildilg or relifsing to supply the lessor with such an the well drilled upon the leased property becomes a producing well, sinsruelnt, or tlaling or refusing to cancel any lease on the records within which case the lease shall be extended front year to year for as long tii tyl days alter I eceiving written demand as above, shall be liable to such production continues or the leased property has a known capacity lessor for a rc.ouliable attorney's fee incurred by the lessor in bringing produce oil or gas and the production has been discontinued with tl suit to have such forfeiture and cancellation adjudged, and in addition prior approval of the commission under such terms as the commission h thlereto shall he liable to the lessor for all damages suffered by the lessor prescribed. The leases granted pursuant to this section shall include I by reason of Ils Inability to make a.,, lease on account of the first lease more than two thousand five hundred acres (one thousand hectares) b nut having bccn (allelcd. a person is uo.t prohibited from holding a leasehold interest in more th T'his .sccllonl sla.sl be construed to apply to all leases for oil or gas two thousand five hundred acres (one thousand hectares) under two heretolore cmi cl cd Itto. more hases. The leases shall be granted under such terms and conditio 1115S1IOY; 1977 (60) 414. as the board shall deem to be in the best interest of the citizens of t State. However, no lease shall provide for a lesser royalty than one six � 48-43-390. L.easing of State lands for purposes of drilling for of the oil and gas produced firom the leased plroperty ol- one sixtih of t and producing oil and gas; construction of offshore drilling monetary value of such oil and gas at the welihead. platforms; construction of deep water port facilities. (D) No property shall be leased except by sealed hiclL'The propel (A) The Somllh :alolina State Budget and Control Board, hereinafter shall be leased to the bidder suluyttilg tlc hidl which provides flir t referred to, . . ( Il h..d, is hetichy designlted as the State agency with the highest bontis paymento T lhe bobe US p;lytiit shall be i hctltirion to a .1lfl(fy, INl llMki-l~lily d .nUl M ClIwer to 1c~.Ic .1 Stafte larnds to persons for rental payments established by tthe cosmnissoll is the Iearse agreeme ihle plirlJst oX1 diillii�g lto- fr.id Ill-otlciilg oil .anid as. 'The SoutlCarolina and royalties provided for herein. 7'2 ' 73 E-aS S 48-43-390 ENVIRONMENTAL PROTECITION AND CONSERVATION OIL AND GASS 48-490 Any person desiring that a certain tract or tracts of property be determines to lease the tract on which it has received unfavorable submitted for bidding shall nominate such tract or tracts by so informing comment from the agencies, the commission and board shall require such the coillission in accordance with the procedure for nominating special provisions in the lease agreement and promulgate such oiles and established by the commission. regulations for each individual tract that is leased as may be necessary to If the commission determines that the tract nominated as provided safeguard against particular hazards or detrimental effects that may result hcrclin or upon its own mot ion determines that a tract should be submitted from drilling oil or gas wells and the production of oil or gas on lite tract. for bidding, it litall invite all interested persons to submit bids for leasing In considering the special provisions, rules and regulations needed for the decsign tted i uct. Invitations for bids shall be published in a newspaper a specific tract, the commission and board shall specifically include such of general circulation within the county or counties where the tract provisions, rules and regulations shown by the commenting agency to be proposed to be leased is located and in a newspaper of statewide necessary (1) for the protection of the environment, (2) to minimize the circulation, at least twenty-five days before the final date for submitting detriment to aesthetics, (3) for the protection of the property rights of blds. Invitations for bids shall also be mailed twenty-five days before the other persons and the public, (4) to avoid obstructing navigable streams, liJal iate of sulittning bids to die last known address of all persons who (5) to prevent interference with recreation, (6) to protect the public have filed a staterilent in accordance with the procedure established by the beaches. and (7) to maintain the quality of underground water. commission indicating a desire to bid upon tracts put up for leasing. The The construction of drilling platforms in the Atlantic Ocean is inuitation to bids shall contain (l) a description, location and approximate permitted except that such drilling platforms shall not be located within acreage of the tract to be leased; (2) the address to which the bids are to one mile ( .6 kilometers) ofthe mean high-water mark of any beach within be submitted; (3) the time and place at which the bids will be opened; (4) the territorial jurisdiction of the State of South Carolina. the date and time by which the bids must be received; (5) any special (G) The commission is authorized to promulgate such rules and provisions of the lease or special rules and regulations promulgated by ite regulations as may be necessary to fulfill its duties set f.rtl in {hlis set tiul comilission for the tract to be leased; and (6) any other matters that the and implement the provisions and purposes of this section. comn0111issioluil my dccimH pertinent. (H) (a) Any person as defined herein wilho intends to colstirlIct a depl) The bids shall be opened publicly at the time and date prescribed by water port facility within the territorial jurisdiction of the State of Souith the tomninssion in the offices oftie commission by the person designated Carolina for the purpose of loading or unloading oil. gas or other by the coniunssion to open bids. Thle commission shall furnish to persons products as defined by this chapter shall apply for and obtain a permit whLo Itleslt a copy of the lease agreement for the tract subnmitted for to construct such facility from the commission prior to tlhe bidding. Thlie leae of any tract shall be granted to the highest responsible commencement of construction. bidder but the commission and the board may reject all bids when it (b) The commission shall promulgate such rules and regulations to determiines thait tihe public interest will be served thereby. The govern the construction of deep water port facilities as may be necessary commission and tihe board must accept the most advantageous offer or (1) for the prbtection of the environment (2) to minimize the detriment reject all bids within twenty days from the date the bids were opened. to aesthetics (3) for the protection of the property rights of other persons (E) All moneys collected by the commission and the board as bonuses, and the public (4) for the protection of the rights of the lishing industry cltetal paymelnts or royalties shall be deposited with the State Treasurer (5) for the protection of the recreational activities of the public (6) to avoic in a special account and expended as the General Assembly may direct. obstricting shipping channels (7) to protect the public beaches and (8) i (I) PrI'or to thle mailing and publication of invitations to bid, the general, to protect the public interest and rights of the State and it! commiission shall advise the appropriate State agencies by notice of the industries. In promulgating such rules and regulations, tlhe conmmissiol tract proposed to be submitted for bidding. Tle agencies wishing to shall take into consideration the cominents of other State agencies commcntd on the d(ea ability of leasing such tiact shall do so withill Iirly concel-rnlig the potential hazards present in coistrlicting deitep water por clays hilllwing I cell)t ol the notice. fatilities and shall Lollow the procedtuie stl fIoth in subsetlion (F) is. The t(inmisOsin sh.,dll (onsider the coinmeits of the agencies in soliciting and receivillg the comments lirom suth Sl.ile ,gellcies. aISTORY; 1l977 60) 414. ieteltiiliniiig tle Iadvsa;bility of leasilng tile tract. If e conmission isroty 77 (60) 414 * .,. *0e 48-1351 FVIRNMNTL ROTC110 AD CONSERVATrION OIL AND GASS463 0 Research and Practice Referaxces - ().enalfcitmarany wtrrn rofhr aiiyo n 58 Ant. _fuc 2d, Oak and Oil 1 283. k8 Tnind, oulther than vses noterfowned or opeatdysuhor facility.o and A'R~ict-E 5 directly associated waterfront or offshore appurtenances including POLLU-1TION CoNmt.O; TuhuINAL FACILMES pipelines located on land, including submerged lands. or on or under the SEc, surface of any kind of water, which facility and related appurtenances are 48-43-110. ODIiasidoixi. used or capable of being used for the purpose of drilling for, pumping. 48--S 5~) 1 '1~,lin'111-hsq2 awld intC01, storing, hiamdling, transferring,' processing, or refining pollutants, 48-3-50. ,tcss411(1 'nt~ics of depatluicami. 48-43-54 R. -a.ijom --lli~i&ites rcli~irrj; fees sulnisio of inomain indluding. but not limited to, any such facility amid related appurtenances 483-4-5-50 Rules amnd rtlams;Per~sfics for ,kn false itatemeteis il eio oowned Ox- operated by a public utility or a governmental or IC4~~II1(t1)I~~I&I5 ni ankle, ~quasi-governmental body. A vessel shall be considered a terminal facility 4?t~i-tii. .uu~mucs~, vinoval and abatement of discharge. timnmiation oil liability of only in the event of a ship-to-ship transfer of pollutants. and only that 434357 POI llS a~sbinIg ill cofllainujent of removal of pollutants vessel going to of coming from tile place of transfer and the terminal 48-43-580 lb delrlazis fume gncercrd fepessicrrdt e ciee facility. For the purposes of this article "ten~ninal facility" shall not be 4-35.Eiecoff-cauhwi;cl i;pristo dicag i construed to indlude waterfront facilities owned and operated by 48r-9.Ejenc f final ca responsibility required of opertors of owners of governmental entities- acting as agents of public convenience for 48-45-600. Claimk ad demand for arbitration for damnagc resultimg from unlawful o pe rts engaged in the drilling for or pumping, storing, handling, discharge, APPeal. aclion for damages reslting from unlawful tmdsarge. tranisferring, processing. or refining of, pollutants, however, each 48-43-620 Subnlussiun of budget and accounting toGnrlAssal ydprmnoperator engaged in the~ drilling for or pumping, storing, handling, 48-45-6~~~~~~~~~t 10.l-A Asmomlyio by dpaCme transferring, processing, of refining of pollutants through a waterfront j48-43510. Deinitions, facility owned and operated by such governmental entity shall be Whrn used i ll ~~ ~ ~~~~~~~~~~~construed as a terminal facility. 1A'he use in his article unless the context clearly requires otherwise: (9) "Ott-ner" means any person owning a terminal facility, "operator" "I Dc'PaF"e-"Ie "means the Department ofl-Ialth anid Evironmnental means any person op eaig a terminal facility, whether by lease, contract, Control. or other form of agreement. 2)"Cornulssioner", m-eans the Commissioner of the department. (10) f'Transfer- or "transferred" includes onloading or ofl~oading (2) "Ble'masfrYtOUS aln t61Fhehi.between terminal facility and vessel, vessel and vessel, or terminal facility (4) "Other lneasu,U'eftents" means measurements set by the and terminal facility. department fur products transferred at terminals which are other than (I11) "Vessel" includes every description of watercraft or other ,fluid or which) ai-e not com~monly measured by the barrel. contrivance used, or capable of being used, as a means of transportation (5) "DisFcharge" shall include, but not be limited to, any spiling, on water, whethc self-propelled or otherwise, and includes barges and caking, -seeing, Pouring, enmitting. emptying, or dumping which occurs l ugs. rithin Sthe ter]iitor'Ia linits Of theC State or outside of the territorial limits (12) "Discharge cleanap organization"weans any group, incorporated )f flit State and affects lands and waters within the territorial limits of the or unincorporated, of owners or operators of waterfront terminal facilities itate. ~~~~~~~~~~~~~~~~~in any port or harbor of the State, and any other person who may elect (6) "PDIu'llwas"sliall inciltde oil of any kiid and in aiiyformn,gasoline, to join, organized for the purpose of containing and cleaninig up Pesticidcs, amuniOnlia, chlorine, aisd derivatives thereof. icagso oltnstruhcoeaieefrsadsae (7) "Pol'Iullor" means the Presence in the outdoor atmosphere or d shresqfplutnstrughcopmerativfot and shaciites. vaetts of "le State ("f any One Of more substances or pollutants, in e q uip ad"meansth bat-d ofarbitraties. Itimiltie wldi re r nnybe otetialy armul r ijuious to hurran (14) "Person" nieans any individual, partnership. joint venture, amlin-aoikbl wclfermeewt tnnmle njml, orfla life, or pi operty orwIhmy corporation, any group of the foregoing arganiCd Or umuiked for a iiioo rreetoiably ntere wihteejyetoelf rpoeticluding business purpose or any governmental vntity. 76 ~~~~~E-47 4 41-43-520 ENVIRONMENrAL PrOTErTION AND CONSERVATION OIL AND GAS S 48-43530 (15) "R'gistranr" is a tenninal facility required to possess a valid interest and concern to the State In promoting its general welfare, registration certificate to operate as a terminal facility. preventing diseases, promoting health, and providing for the public safety 11FsroRvY 1977 (60) 414. and that the State's interest in such preservation outweighs any burdens of liability imposed herein upon those engaged in transferring pollutants � 48-43-520. Legisltive findings ad intem aan related activities. (1) '1 le (;emlral Assembly finds and declares that the highest and best (6) The Ceneral Assembly further declares that it is thile intent of this use of' the seacoast of the State is as a source of public and private article to support and complement applicable provisions of the Federal recreation. Water Pollution Control Act, as amended. specifically those provisions (2) IlTe General Assembly further finds and declares that the relating to the national contingency plan for removal of pollutants. preservation of this rise is a matter of the highest urgency and priority, and HISTORY: T 7 (60) 414. that such can only be served effectively by maintaining the coastal waters, Iteueare d Prctice Refreanc - CstualrieC, tidal flats. beaches, and public lands adjoining the seacoast in 39S C.JS., Hcalh and Environrnent I 106I 14. as i lose to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible AlR. al ndL E AnAottio w promiotionl of public and private interests. VaLdiy and contruction of antiwatcr pollution statutes and ordinances. 32 A.L.IR.3d (3) Furthermore it finds and declares that; (a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between 5 4843-530. Powers and duties of department. terminal facilities within the jurisdiction of the State and State waters is a hazardous undertaking; (I) The powers and duties conferred by this article shall be exercised (b) Spills, discharges, and escapes ofpollutants occurring as a result of by the department and shall be deemed to be an essential governmental 'proecdlrres involved in the transfer, storage, and transportation of such function in the exercise of the police power of the State. T''he department produtcts pose threats of great danger and damage to the environment of may call upon any other State agency for consultative services and the State, to owners and users of shorefront property, to public and technical advice and the agencies are directed to cooperate with the private recreation, to citizens of the State and other interests deriving department. lhvelihood front maine-related activities, and to the beauty of the coast; (2) Registration certificates required tinder this article shall be issued (c) SutI hazards have frequently occurred in the past, are occurring by the department subject to such terms anid conditions as are set lbrth now, and prcsentl ftlttre threats ofpotentially catastrophic proportions. all in this article and as set forth in rules and regulations promulgated by the of which are expressly declared to be inimical to the paramount interests department as authorized herein. of the Slate as herein set forth; and (3) Whenever it becomes necessary for the State to protect the public (d) Suclh State interests outweigh any economic burdens imposed upon interest under this article it shall be the duty of the department to keep those engaged in transferring pollutants and related activities. an accurate record of costs and expenses incurred and thereafter (4 ) TIhe Generlal Assemibly intends by the enactment of this article to diligently to pursue the recovery of any sums so incurred from the person exercise lile police power of the State by conferring upon the Department responsible or from the Government of the United States under any of lcatlth anli Enviromnmental Control power to: applicable Federal act. (a) Deal with thile hazards and threats of danger and danmage posed by (4) The department may bring an action on behalf of the State (4) The department may bring an action on behalf of the State to sb Requcire the pransferstment and relatd activftioies; enforce tile liabilities imposed by this article. The Attorney General shall (h) Require the prompt containment and removal of pollution rere the de in any sch poEdi. repre-nce the department in any such proceeding. occabioneul ldi/tvi 1'y. I*IstORtY: 1977 (60) 414. (5) '1'1he (i('n'l Assembly fuIther finds and declares that th1e )Meservatioll of the pilblic uses referred to herein is of grave public tecearch amd Practice Ieferences- 39!A : .1 S. I Ic.lih and Envigolnmncl II 150-153. 78 79 -V ~ irl~i(O~~tENiALrHOTECTION AND LONSERVAT1ION (t Wt~ S 4843-50. Rgisratin cetifcate reqired fes; sbmision through direct ownership or by contract or membership in an approvedf of information, discharge cleanup o~rganizatiOn. (I)No iciotishll iteiteor aue t beopeate atersinl fcilty(c) Thie terms of agreemenlt and operation plan of any discharge (1 Ns p-dsoo hlle opem or c1ause8 ithou be opegsratedon tertiafailite, cleanup organization to, which the owner or operator of thle terminal (2) Regi-Struioni certificates slall Il isstied on a five-year basi and shall faclit belongshwin exiire~ � ittl d iiiEY-first fthe fifil year. Such certificates shall be undcr this section, and upon PAYmn ofhergsatncrtfae subjt I o bt tletinsAd conditions as the department may determine are aplcain ofee tim plcn hal eisudargtaioceifae neccessal-y to ecurly Out like purposes of Ellis article, covering the terminal facility and related appurtenances. including vessels (3) As a condition precedent to the issuance or renewal of a registration in�4435(1) cerukfitv ft.teile dpartmnent shall require satisfactory asdevndidnc tha 48he 3 ISO5 tU1 t) 44. alpptkan, t-lb iiapteeineted. or is in the process of implementing. State ]tearch ad Pimek Kcremncc - .and Fcdkril plaiiis and regulations for prevention, control and abatement 39A Cej.S., Health find Faviro~nit 1 134. of puollutions whent a discharge occurs. (4A) Regnistation certificates issued to an'y terminal facility shall include 548-43-550. Rules and regulationifsi penalties for making false vessels used to traniport pollutants between the facility and vessels within statements in response to requirements of artile. St ieearirni shall S.uie incneto-wt h suac faTe department shall from time to time adopt. amend, repeal, and ()The dpierminhal requiliyregintcionnecetionicate, the i ssancen of a resnbefeenforce reasonable regulations relating to the cleanup and removal of forutprocesing apply eictatisfrreition on certificatehepyntoaras oalfe discharges of pollutants into the waters or onto the coast of this state. 'liie fee shall he reasonably related to the administrative costs of Such regulations shall include, but not be limited to; verifying data s."umitted Pursuant to obtaining the certificates and (a) Operation and inspection requirements for terminal facilities, iC-k(isol~labl filixp-vtiutis; however, thle fee shall not exceed two hundred vessels, and other matters relating to certification under lb's article but fit(olrspatrinlfcltypry)- shall not require Vessels to maintain spill prevention gear, holding tanks ()No Liter than Jnay, 98eionrooetofarinlof any kind, and containment gear in excess of Federal requirements. facility shall obtain a registration cci mifficate. 'I lie department shall issue (b) Procedures and mlethods of reporting discharges n te a registiation cet tificate upon the showing that tihe registrant can provide occurrences prohibited by Ellis article. All recjuited eqiuipiieiit to prevent, contain, and remove discharges of (c) Procedures, methods, means, and equipment to be used by persons pollutanis of ts a member of a discharge cleiinup organization. subject to regulation by this article on the remDoval Of Pollutants. (7) On% or afteir a (late to be determined by the department, but in no (d) Development and implementation of criteria and plans to meet case later thantjanuary 1, 1978, nu person shall operate or cause to be pollution occurentces of various degrees and kinds. opetited any terminial facility without a terutinal facility ]registration (e) Creation by contract or administrative action of a state response certificate issued by thle department. Registration certificates shall be valid team which shall be responsible for creating and maintaining a for live Yeairs; pm oiided, hommcthey shall be stabject to Animal contingency plan of response, organization, and equipment for handling iliblic lion, emergency cleanup operations. Thie State. Plans shall include detailed Fkit II af)p I)IIt.11 for a let initial tfacility i egistratiim certificate shall pay thle eniergency operatinig procedures for the State as a whole and the team registimtimon ivi tifi(,ite applit alion liefieead shall suhnmit inmformuation. in a shall from ltime to time conduct practice alerts. 'These plaits shall be filed furni sbmtisflo oly go like depamrtinent, descrihimig the following: with, the Governor and all Coast Guard stations in the State and Coast (,i)I te 'ji il uothm ileasireimen caaciy oftheterinalfaclit. Gard captains of tile port having responsibility for enforcement of (I.) Altlp evai.ii. fiuiiiieniit. aliu removal equiim)niit. tin ludimig, Fedetnat t)Ioltlioli laws within tile State, oin or before January I. 1978. Tls banilnkn IA Alii Io, N-4-Iiihem, Vhssels, punips. skmimeincs, booms. ichmicals, coiitiiigeniy lplani ,hall include all necessat y information for [Ile tota, ,itiili Oiiliiiiiii .iiiii itevt (.5tO wln Ii he failityhas am(I cwleeae u p oiofinpont anicleaupiofpolluion, nctudngtbu noitimittoto r 80 St E-49 5 4843-550 ENvRaoNMENrAL PaoTIcrltON AND CONSERVATION OIL AND GAS S 48-43-6U inventory of equipment and its location, a table of organization with the � 48-43-560. Containment, removal and abatement of discharge; names, addresses, and telephone numbers of all persons responsible for limitation on liability of persons assisting in conlauiment or implementing every phase of the plan, a list of available sources of removal of pollutants. supplies necessary for cleanup, and a designation of priority zones to determine the sequence and methods of cleanup. The State response (1) Any person discharging pollutants in violation of this article shall team shall act independently of agencies of the Federal Government but immediately undertake to contail%. remove, and abate the discharge to the is directed to cooperate with any Federal cleanup operation, department's satisfaction. Notwithstanding tile above requirement. the (0) Requirements fthat, prior to being granted entry into any port in this departlent may undertak e redirection of the and retain agents who shall operate under the direction of the State, the master of a vessel shall report: depament. (I) Any discharges of pollutants the vessel has had since leaving the last (2) If tile person causing a discharge, or the person in charge of port; facilities at which a discharge has taken place. fails to act, the department (2) Any mechanical problem on the vessel which creates the possibility may arrange for the removal of the pollutant, except that if the pollutant of a discharge; was discharged into or upon the navigable waters of the United States, the department shall act in accordance with die national contingency plan for (3) Any dental of entry into any port during the current cruise of the removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by Any person shall make or cause to be made any false statement in the department shall be paid in accordance with the applicable provisions response to req4iremlnllts of any provisions ofthis article with a fiaudulent of the law. Federal funds provided under this chapter shall be used to tdie irentr shall be deemed guilty of a felony and upon conviction shall be maximum extent possible prior to the expenditure of State funds. imprisoned for two years or fined five thousand dollars, or both. (3) In the event ofdischarge, the source of wlicl is unknown, any local (g) Requilt ercilts that any registrant causing or permitting thie discharge cleanup organization sihall, upon the request of the department discharge of a pollutant in violation of the provisions of this article and or its designee, immediately contain and remove the discharge. No action at other reasonable times be subject to a complete and thorough takeu by any person to contain or remove a discharge, whether such action Inspe.tiion. If the department determines there are unsatisfactory is taken voluntarily or at the request of the department or its designee, preventive measures or containment and cleanup capabilities, it shall, a shall be construed as an admission of liability for the discharge. reasonable tIne after notice and hearing, sus pend the registration un il (4) No person who, voluntarily or at the request of the department or such te as the is compliance with tle department requirements. its designee. reqders assistance in containing or removing pollutants shall (hi) Such other rules and regulations as the exigencies of any condition be liable for any civil damages to third parties resulting solely from acts may require or as may reasonably be necessary to carry out the intent of or omissionis or such person in rendering such assistance, except for acts this article. or omissions amounting to gross negligence or willful misconduct. LIST'OItY; 1977 (60) 414. IcISTrcY irt d r977lic R6 te0) rc4s. - (5) Nothing in this article shall affect in any way the right of any person who renders assistance in containing or removing pollutants to 3'9A CJ b, licalti ,and Elnvironmcetl � 137-138, 155. reimbursement for tile costs of the containment or removal under the A.LR. anld L Ed. Annuialions -- applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights which that person may have against any Co13m1 r)i (5) a.nid asr lirariu ofpreesorin oIrFderdl Wdater lluion As (33 U.S.� (4) third party whose acts or omissions in any way have caused or contributed ic<lem rilg P)risl ill .gch ossg1 vessel. or onshose or offilshore farlly. to oioufy fedcnal to the discharge of tle pollutants. agcnly ol psaoluhbltd dsthll.,lg front such vessel or facility. 17 A.L.R. Fed. 804. IISTORY: 1977 (60) 414. 83 82 s 0 S 4843-570 ENvIRoNMENrAL PiOTEC'ON AND CONSERVATION OIL AND GAS 4843-590 5 48-43-570. Cooperation of other agencies; records of expenses This section shall not apply to discharges of pollutants in the following incurred to be delivered to department. circumstances: (1) When the discharge was authorized by an existing regulation of the (a) The State Department of Highways and Public Transportation, the department. Water Resources Commission and the Wildlife and Marine Resources (2) When any person subject to liability under this article proves that Department, and any other agency of this State, shall cooperate with and a discharge was caused by any of the following: lend assistance to the department by assigning, upon request, personnel, (a) An act of Cod. equipment and material to be utilized in any project or activity related to An act of war or sabo the containmnent, collection, dispersal or removal of oil discharged upon (b) n t fe or the State the land or into the waters of this State. (c) Negligence ofthe part of the United States Government or the State or its political subdivisions. (b) Subsequent to July i, 1977, and prior to September 1, 1977, or its political subdivisions. prior Sepmber (d) A act or omission of a third party, whether any such act or designated representatives of the department, the Department of omission was or was not negligent; provided, howver, nothing herein Ihighways and Public Transporation, the Water Resources Commission shall be construed as limiting the liability of such third party. and the Wildlife and Marine Resources Department, and any other agency or agencies of the State which the department shall deem necessary and (e) Any ac or omission by or at the directon of a law-enorcement appropriate, shall confer and establish plans and procedures for the officer or fireman. assignment and utilization of personnel, equipment and material to be Any person who desires or proposes to discharge oil into the land or used in carrying out the purposes of this article. into the waters of the State shall first make application for and secure a permit from the departnmet. Application shall be made under such terms ) dispersal or reovale agency participating in the containment collection and conditions adopted by the department. Any permit granted pursuant hdispersal sO ellovl of an oil discoharge or in restoration necessitated by to this section may contain such terms and conditions as the department such discharge, shall keep a record of all expenses incurred in carrying out shall deem necessary and appropriate to conserve and protect the land or any such prqject or activitv including the actual services performed by the waters of this State and the public interest therein. agency's personnel and the use of the agency's equipment and material. w IaSorY; 197o (60) 414. A copy of all records shall be delivered to the department upon completion of the project or activity. Research and Pretice R oenrecls - IflSTORY; 1977 (60) 414 39A G.J.S.. tIiahl and Environ41tn1 34. Editor's Note - ~~~~Editor'si ~ Nos~e ~- � 48-43-590. Evidence of financial responsibility required of "Departllent of Hlghways and Public Transportation" has been substituted for oerators or owners of t inal facilities. "Iligilway cpartmncnl" In iths section pursuant lo I I of 1977 Act No. 82 [1977 (60) operators or owners of terminal facilities. 1401 See � 57-l-lo. All persons op'e-ating or owning terminal facilities within the territorial jurisdiction of the State shall furnish, under such conditions as may be 48'-43-580. Discharge of pollutants unlawful; exceptions; prescribed from time to time by the department, evidence of financial permits to discharge oil. responsibility of fourteen million dollars to meet any and all liabilities to all persons caused by the operations of ariy such terminal facilities. It shall be unlawful, except as otherwise provided in this article, for any al l persons caused by the operations of anay such terminal facilities. person to discharge or cause to be discharged, pollutants into or upon any suEvidresponsibility may be established by an insurance or waters, tidal flats, beaches or lands within this State or into any sewer, surety bond issued by an insurance or bonding company authorized to do surface wat er d rain or othe r waters thatin this Sate w aters of this State business in the State, qualifications of a self-insurer or other evidence of surface water drailt or other waterson hat rain iconto the watov ers f this Spouta or fial ial responsibility acceptable to the department. This provision shall regadless of whe ther the dipersonhavinrge was ltrol of inhepollutantional or not be onsul-lred as limiting the liability of any person operating or regaldless of whether the discharge was the result of intentional or ownillg tcimi;ll fICilitics. negligent conduct. accident or other cause. IowSTOIiY: l facilities. IIISTOItY: 1977 (60) 414. 84 85 F- [1 OIl AND GAS s48-43-610 48-43-600 ENVIRONMENTAL PROTECTION AND CONSERtVATIOI OIL A S 4843610 of evidence applicable to court proceedings. The board of arbitration 5 4843-600. Claim and demand for arbitration for damage shall have the power to administer oaths and subpoena witnesses and resulting from unlawful discharge; appeal; action for damages records. If a person fails to appear after being properly served with a resulting from unlawful discharge. subpoena, the department shall apply to the court of common pleas for (I) Any person claiming to have suffered damage as a result of an Richland County for a contempt order or other appropriate order. A unlawful dschage under 48-43-580 of is article ay file a am ad record of such hearings shall be made and if the decision of the board of demand for arbitrdtion against the person or persons causing the unlawful arbitration is appealed as heceiuafder provided the record shall be discharge with the department. The department shall notily sucs person transcribed and a copy made available to all parties. or persons of thdie claim filed and advise such person or persons of the (5) Any party to an arbitration may appeal the decision of the board of requirements of this article. Notice to the person or persons above shall arbitration by giving notice of such appeal to the other party or parties be given in such manner as the department shall determine to be within twenty days from the date of the decision of the board of adequate. arbitration. All appeals shall be to the court of common pleas for any If the claimant cannot determine the person or persons causing the county in whidl the unlawful discharge occured. The court shall consider discharge, tie departiment shall investigate such discharge and make its the appeal oni tile record made of the hearing before the board of dctcrlnlinaionl as to thle person or persons that may have caused die arbitration. Any party may appeal the decision of the court of common discharge and notify such person or persons of the claim. pleas to the Supreme Court of South Carolina in thile same manner as (2) Tile claimant shall file a notarized statement ofdamages, along with provided for in other actions. such claimant's claim and demand for arbitration on forms prescribed by (6) Notwithslanding any provisions provided herein for arbitration, an the department. Any dainage not contained in the notarized statement pe son claiming damages because of unlawful discharges as provided in shall be waived. � 48-43-580 herein may institute an action in any court of competent (3) A board of arbitration to determine liability and damages for claims jurisdiction against the person or persons causing such unlawful filed under this scctiot shall be composed of three persons to be chosen discharges for all damages resulting to such person because of the as follows: unlawful discharge; provided, however, that if such person files a claim (a) One shall be chosen by the claimants; and application for arbitration with the department. such person shall be (b) One shall be chosen by the person or persons against whom the precluded from instituting an action in the courts and if such person claim is filed or such pc, son or persons as the department has determined institutes an action, such person shall be precluded from filing a claim and may have caused the discharge; application for arbitration as provided herein. (c) One shall be chosen by the arbitrators chosen above who shall be iHISTORY: 1977 (60)414. a neutral arbitrator. The neutral arbitrator shall serve as chairman. If any of the principals 48-43-61-. Violations of article; penalties. fail to select an arbitrator within thirty days after notice is given of the pending claim or it the two arbitrators chosen by tile principals fail to (1) It is unlawful for any person to violate any provision of this article choose a neutlial arbitrator within forty-five days after notice is given of or any rule, regulation, or order of the department made pursuant to this tile pending claim, the department shall select the arbitrator or arbitrators article. Except as otherwise provided, a violation shall be punishable by not choseL. The department shall supervise the appointment of the a civil penalty of up to ten thousand dollars per violation per (lay to be arbitrators and provide heatring rooms, personnel, equipment and other assessed by the department. Each day during any portion of which the items necessa y for the arbitration proceedings and shall convene the violation occurs constitutes a separate offense. board of arbitration,. 4board of arbir-ation (2) Penalties assessed aherein for a discharge shall Ibe the only penalties (4) The oard of arlbitration shall hold a hearing on the claim within assessed by tie State and tile assessed person or persons shall be excused forty-five days ,diel thie person or persons causing or who tlay have from p;lying any other penalty for water pollution for the same caused tile discharge have been notified of such claim. The hearings of the occ r rersce. board of at hitration shall be informal without strict compliance withll rles r * 86 E* S 48,43-620 ENviRoNwENTrAL PNorECToN AND) CONSERtvATION OIL AND GAS 54843-820 (3) The penalty provisions of this section shall not apply to any (d) Refuse to attach.e' install a meter as prescribed by the commission discharge promptly reported and removed by a registrant or vessel inl pursttant to � 48.43-30 (II) (11 4.n herein when ordercd to do so by the at cui dance with ihc rules, regulations and orders of the department. commission or in any way to tamper with such meter so as to produce a HISTORY, 1977 (60) 414. false or inaccurate reading. or to'have any bypass at such a place where Research and l'racutce References - the oil or gas can be passed around; 39A C.J.S.. Htealth anid LEsvirounment 1 154 (e) Permit through negligence or willfulness any gas or oil well to go 48-43-20. Sbmissin of udget nd acountin to Gneral wild or to get out of control. 48-43620. ubmision o budet an accontingto GeeralAny person violating the provisions of ths section shall be deemed Assembly by department. guilty of a misdemeanor and, upon conviction. shall be fined not more The depai intent shall submit to each regular session of the legislature than one thousand -dollars or to be imprisoned for not more than six a proposed budget for carrying Out its responsibilities under this article months, or both. and shall also account for all funids appropriated by tile legislature for "ISiTRy: 197? 160) 434. caying-01 out its respousibilities under this article for thle previous year. itesarch and l'ractice References - 31ISTORtY: 1977 (60) 434. 39A CJ.S., Healths and Environmntiew 11155-157. A~~lICLE 4 5 ~~~~~48A43-820. Civil penalties and liabilities; liability to third parties. ~~~~~~zuToS ~t ENAL.E (A) Any person who violates any provision of this chapter. or any rule, 48-43-810 Vi~,lais..s grnerally, cijimunal penalties. regulation or order of [lie commission, shall also be stibject to a civil 48-43.820. Cioil penalties and Liabilities; liability to third paoles penalty of not more than five thousand dollars for each act of'violation and 411-43-830 Pleidalle, l.. jildug or aliciiing another persol1 i usviolation of chapter. for each day that such violation continues. 48-43-84t) Sale, purillase. acquisition, transportation, refining, processing or handling Illegal oil. gas or product; seizure and sale of illegal oil, gas or product. ()Any person who negligently Or willfully permnits an oil or gas well 48-43-850. Injunctions ~~~~~~~~~~to go wild or to get out of control, to cause polltition or waste, or to create S 4843810. Vioations eneraly; crimnal penltiesother conditions that are detrimental to thle property rights of others or 48-43-8 1 0. V i o l a ~~~~~~~~~~tiosgnrlyhrmnlpnlis ie public shall he liable to thle commission for the expense incurred in It shall be unlawful for any person Lo: correcting thle detrimental conditions and the civil penalties imposed by (a) Willffully violate ally provision of this chapter. or any rule, subsection (A) and thle commission is hereby authorized to take whatever regulation ort order of the conumission; action it deems necessary, including operation of the well, to correct the (b) ome eoprtnsfrtedilnofaelfooiorgsitot detrimental conaltiotns and charge the Owner or producer, or both, of (he First Obtatilillg a pCimit tr-ouk tile commission, under Stich rules and well for the expenlses incurred. regulationsb is mak-y he prescribed by the commission,; (C) TIhe penalties and liabilities provided inl this section shall be (c) l)o aity of"Icl foillowing for file purpose of evading or violating tlsis recoverable by civil suit filed by the Attorney General in tihe name and ott chapter, or' any Itife, r-egulatioin or oii dei of dhe comnliissiots: Make any belsalf of tihe commission in thle cotirt of coitmiion Isleas of tihe county in f"ilSe entiy or "statdtent iii a reotrequii ed by this chapter or by ally rule, whiclt the tlefendant resides or in which any defendant resides, if there be regulation oii oi der of the comtnission; "lake or catase to be made any false more titan one defendant, or in the court of common pleas of any county entry in any iccotd, accolunt or memorandumt, required by this chatpter, in which tile violation occurred. The payment of any such penalty shall not Of' by aiiy!.such i tile, I egulation or order; onimit, or cause to be onmititd, front operate to legalize any illegal oil, illegal gas or illegal product involved in anly stach I-et ortl,-i i. tintl or thatieno ;nditina full, it ue 114 ,ia ol 1,1.t s~til ies tile violation for %which tile penatlty is intposed or reliever peso l~oii o whom as requil ed It' ill's t li.t1ter. or by assy stschl title, teil,,itioii tic ordel; or thle peiialty it, intlos5Ct from li'alsity to anly other person forl damages remolve 11imit thisl Slate or destroy. miutilate, ,tlter or Falsify ally Suchl arisingtiti oti osuch violation. record, at otmii or~ 1ntcnlol;itdttin; 8 MA E~~~~53 S 48-43-830 ENVIRONMENTAL PROTECTION AND CONSERVATION OIL AND A 4843-840 action in rem shall have the right to intervene as an interested party in (D) In addition to any civil and criminal penalties imposed by this such action. chapter, any person who violates any provisions of this chapter, or rules, regulations and orders of the commission. shall be liable to all third (C) Actions for seizure and sale of illegal oil, illegal gas or illegal parties who may incur damage or injury because of such violations. product shall be strictly in rem, and shall proceed in the name of the State HISTORY: 1977 (60) 414. as plaintiff against the oil. gas or product as defendant. No bond or similar Researchb sand rackice References - undertaking shall be required o( the plainltiff. 'lle action for seizure and 39A CJ.5., leuah h Ad Environmecn � 154. sale shall he commenced in the court of common pleas for the county in which the oil, gas or product is situated by a sumnmons and complaint � 48-43-830. Penalties for aiding or abetting another person in which shall be verified or supported by affidavits. When the verified violation of chapter. complaint or complaint and supporting affidavits set forth sufficient facts to support the seizure and sale of the illegal oil, illegal gas or illegal Any person nyowingly aiding or abetting any other person in the products, the clerk of court of the county in which such oil, gas or product violation of alny p ovision of this chapter, or any rule, regulation or order is situated or thejudge ofthejudicial circuit which has jurisdiction to lear of the corneissioon, shall be subject to the same punisunent and penalty matters arising in the county shall issue a warrant directed to the sheriff prescribed by thiis capter for die violation by such other person. of the county for service upon any and all persons having or claiming any interest in the oil, gas or product described in the complaint. The warrant 48-43-840. Sale, purchase, acquisition, transportation, refining,. shall direct the sheriff to take such oil, gas or product into his custody until 5 443-4. Sale, purchase, acqusion, transportation, reig, such time as the court has heard the action on its merits and the matter processing or handling illegal oil, gas or product; seizure and sale has been fully adjudicated. The original summons and complaint and of illegal oil, gas or product. warrant shall be filed with the clerk of court for the county by the plaintiff (A) 'lle sale. purchase, acquisition, transportation. refining. with the sherifl's affidavit of service attached when service has been processing or handling of illegal oil, illegal gas or illegal product is hereby accomplished in thile man ner set forth herein by the sheriff. All persons prohibited. lowever, no penalty by way of fine shall he imposed upon a having or clailnillg any interest in the oil, gas or product described in the person who sells, pur'chases, acquires, transports, refines, processes or complaint must appear and answer the complaint within twenty days after handles illegal oil, illegal gas or illegal product unless (i) such person service of such summons and complaint. Service of the summons and knows, or is put on notice of, facts indicating that illegal oil, illegal gas or complaint and warrant by posting copies on the door of the courthouse illegal product is involved, or (2) such person fails to obtain a certificate for tile county in which the oil, gas or product described in the complaint of clearance with respect to such oil, gas or product if prescribed by an is situated, by posting copies in the immediate vicinity of the place where order of file commlission, or fails to follow any other method prescribed such oil, gas or product is located and by publishing the summons and by an order of the commission for the identification of such oil, gas or complaint and4varrant in any newspaper of general circulation in the product. county in which such oil, gas or product is located in four consecutive (B) Illegal oil, illegal gas, and illegal product are declared to he issues of the newspaper shall constitute valid and sufficient service on all contraband and are subject to seizure and sale as herein provided. Seiture persons having or claiming any interest in the such oil, gas or product. and sale shall be in addition to any and all other remedies and penalties Any person who lCils to appear and answer tile complaint within twenty provided in this clhaptcl for violaltions relating to illegal oil, illegal gas, or days after service of the summons and complaint and warrant shall be illegal product. Whenever the commission believes that any oil, gas, or forever barred by any jutdgment obtained by the plaintiff. The service of product is illegal, the comnmission, acting by the Attorney General, shall the summons and complaint and warrant as provided herein shall place bring a civil actioll in rem ill thile court of common pleas of the county the State in constructive or actual possession, as the case may be, of the where such oil, gas, or pioduct is found, to seize and sell the same, or tile oil, gas or product. comllmissio() may iu(ude sich a;1 action in ren in any suit Ihrought for an cummission allry p t lue suchvalti ictlion il, rein ile aly suio lloeght proran (D)) Ally persoi havinlg an interest in any oil, gas or product which has i ijuilctioal l or ;xly involving illcgal oil, illegalgrs, or illegal prodluct. been seized in accordance with tile ptovisions of subsection (C) may, prior Any personl cllululng aner i e in oil, gas, or product allicted by such 91 _ ^~~~~~~~~~0 S48 43-850 ENVIRONMEIiNTAL PROTEI-IFON AND CONSERVATIONOIANGA 4835 to the sale ifhereof, obtain die release thereof, upon ftrniishing bond to HISITOR~a 19?7 (60) 414. file sheiffII, .ippi oved by the clerk of court, in an amount equal to one Iteaearch and Practice Refeirences - hundred and lifty percent of the market value of the oil, gas or product 39A C.JS.. Hecalth and Envirownent 61 150-153. to be released pending a final adjudication of the action on its merits. A.L.R. and L- Ed. Awiaoauions - Pollution control; preliminary mandatory injunction to prevent, Correct, or reduce (E) I die onri afte a heringupon he cmplait forthe eizur and effects of polluting pmracies. 49 ALR3d 1239. sbile of oil, gab, or product. sinds that such oil, gas, or product is cont raband, the cotin shall order die safe thre; eufby the sheriff in the same mns~iner and upon the saire notice of sale as provided by law for the sale of personal property on execution of'judginent entered in a civil action, except that die court jiay order that the oil, gas, or product be sold in specified lots or portoions aid~at specified intervals. Upon such sale, title to the oil, gas, or- pr-oduct sold shall vest in thle purchaser free of the claims of any atid all persons having any title therein or interest thierein at or pi or to tile seizure thereof, and the same shall be legal oil, legal gas, or legal pi odur is, as the case may be. in the hands of the purchaser-. prodttct, as Above provided, after payment of costs of suit and expenses inicident to tihe sale atid all amounts paid as penalties provided for by this Liapter. s.hall be paid ilito tile State Treasury for thle use of the csoinibiiton fin deli aying its expensecs ini the sante mannler as other lunds provided bry laiw for thle use of die commission. Retcsrcti An Practice Referances - 79 CJ SS.,ili ,IiiI s'itures �� 115-I 17- 48-43-850. Injunctions. Whenever it appears that any person is violating or thrcatentng to violate any provision of this chapter, or any rule, regulation or order of the conmunission, the Attorney General may, at the reqluest of tihe COMniiSioi�, hilng suit is the name of the contiission against such pisbolls alli(lie court of commurois pleas of the county where tile violation occuis oi is threatened, or in thle county in which the dreleiadnt resides or inl wjit h aliy deictidaist resides if there is tnoie than one defeiidant, to restiai such persos from cotitinuing such violation of frots carrying out thle threat of violation. In any such suit, the court shall have jurisdiction to graist without bond or other Undertaking, such proliibitoi y or- inaiidatoiy tisjoin tosib as the facts niay wai rant, iincludiiig temiipoiaiy les aiim ing olidct s and p ehimiiiary iinjunctioins. 92 ~~~~~~~~~~~~~~~~~93 E-5S 0 49-5-30 WA &.tEs, WATERt RisouuswLs, E-rc. pils uioms dilsetof tsr other substantial geographical area of lilt State As 11a.y bie designated by the CAommission. - (2) "Coisnisission" mseans thle South Carolina Water Resources CHAPTER 5 ILliusisig asid Coordinating Commission. Groundwater Use Act (3) "Crounsuptive use " means any use of water withdrawn from the ground other than a ".ionconsunsptive use. . as defined int this Six 1hjtr -19-5-ioSujlnae 43-5-20 1-lagmt, lic dedjrjtjot of policy. (4) "Nosseonsunhptive use" means (i) the use of water withdrawn 49-5-40. IDcIBUoawlAitrtoiillsolp5iyUeAC$ from a groundwater system or aquifer in such a manner that it is 49-5-40. Oitculasl o S 99ud~es IIIcv use areas rcuttuiid to the groundwater system or aquifer from which it was 49--s-5-0. rcrmuuit icquicd for use oaf groundwatcr ina exicss of 100000 gAflnoo withdrawn without substantial diminution in quantity or substantial Pe, day, PloicdisIC before Cooloio'sksfl APPCAIS MAIF 1Sl impairment in quality at or near the point from which it was 49h-70 b)ejue of periln escoat by5l~ dirnna~ withdrawn; (ii) prorided, however, that (in determining whealser a Watr ital ~r o usd,"Mof water ptoija~ag issuartre: of pri.use of groundwater is nonconsumptive) the Commission may take wp_,_os aps. dr.tbdaip. icsii oihrd co0 otosteef lfrigbud into consideration whether any material injury or detriment to arses, of tap..oly use Mreal. other Water users of the area by reason of reduction of water 49-5-190 l~lVcsiig~wus by Conimaissitilk 155315 of cfiury. pressure in the aquifer or system has not been adequately com- 49-5300 Ruk reultins pensated by the permit applicant who caused or substantially 49-5--120. LaW as in use Of Sstsf~act Water "o affected. contributed to such injury or detriment. (5) "Pet-son- shall mean any and all persons, including individus- � 49-5-10. Short itle. als, firms, partnerships, associations. public or private institutions. -Mi chpte shllbe knowis and may be cited as the Groundwa- municipalities or political subdivisions, governmental agencies. or ThisUsehActeofs1all private or public corporations organtized under the laws of this 111!%'l ORV- 1962 code 1 70-3 I; 1969 (56) 648. ~State or any other state or county. CFO" Kcfercocca- ~ ~~~~~~~~~~~~~(6) "Groundis-ater" means water of underground streams. chan- ArostoSian Wtr Cncvfin['erve A.'cI &f-oe elleS nels. artesiams basins, reservoirs. lakes and other water under the As usSoiland Wtef ottsrv~iss'ttItisitissL~ao see I 469-30surface of thle earths whether percolating or otherwise, whether � 49-5-20. Legislative declaration of policy. ~public or private. natural or artificial, which is contained within, It 4-- . Lgislativey de claredt atio g nrl wefar n publicyi- e es flows thsrousgh. or borders upon this State or any portion thereof, Ictsis ereydcae that the gae e ren f iera Stlate bei put obenicintees includling ihose portion& of the Atlantic Ocean over which this use to tile fullest extent to which they are capable, subject to Sta) his j-urifmasdagooicfoation. ru fsc ona freatsciable regulation in order to conserve these resources, and to ()"qie"masagooi omto.gopo uhfra provide and nsaintain conditiolls whi~h are conducive to like tions , or a'part of such a formation that is water bearing. devlopmnent and use of water resources. (8) "Well"' neans any excavation that is cored, bored, drilled, Hvert;192Cd 7-2 99 Sy60 jetled. dug or otherwise constructed for the purpose of locating. testing or withdrawing groundwater or for evaluating, testing, Cross refernces-c- developing, dsaining oi- recharging any groundwater reservoirs or As to Suit alto Wate' C0813cfwatiitl DI.SIssrts 1-Aw, 'cc I*948-9-3 10 et tSC+ aqusifer. or that may control, divert, or otherwise cause the move- � 49-5-30. Defulitions. ~ ~~~~~~~~~~nietit of water from or into any aquifer. Provided, however, this � 49-5-30. DaefiuitiossS. ~~~~~~~~~~~shall noat issclsde ak well constructed by ass individual ans land which Unless tile context otikem wise: requitres, like following menus as is ownied or leased by him. appurtenant to a single family dwell- used in this chlacte are delified as fllows-. ing, and intended for doniestic use (including household purposes, (1) "-lrr'. of til- S~t5IC'" Illeasis ally 111ssilit-illity us county tsr farm livestock, or gardens). s05 E- 56 GROUNDUAI.Et USE A.r � 49--0 49-5-4U \VA-trit., WA.i it R.ItItIMCFS, ETC. It Is r'OGY; 1962 Code 170s33; 1h9 J56) 640. ;madolti,lg such an orlder tihe (sCouuissiono stall give notice of its Cro.. rgcicf"cc-- )ltoposed action and shall contduct one or more public hearings AO Soil asad Water ColservAtitu I)IiM:as Ltw, Ce I 48--9- 10 e seq. willh reispct to Stich proposed as tion. (4) Such notice shall be given not less than thirty days before � 49-5-40. Delineation and modification of capacity use the date of such hearing and shall state the date. time. and place areas. of hearing, the subject of the hearing, and the action which the (a) '1le Commtlission. upon tile request of a county, municipality Commission proposes to take. The notice shal either include or other political subdivision of State government. may declare details of such proposed action, or where such proposed action is and delineate from time to time, and may modify, capacity use too lengthy for publication, the notice shall specify that copies of areas of thie State where it finds that the use of groundwater such detailed proposed action shall be obtained on request from requites coordination and limited regulation for protection of the the office of the Commission in sufficient quantity to satisfy the inmc csts and rights of residents or property owners of such areas requests of all interested persons. or of the public interest. (5) Any such notice shall be published at least once in one (b) Within the meaning of 'his chapter "a capacity use area" is newspaper of general circulation circulated in each county of the one wecre the Commission finds that the aggregate uses of State in which the water area affected is located. and a copy of groundwater in or affecting such area (i) have developed or such notice shall be mailed to each person on the mailing list threatened to develop to a degree which requires coordination and required to be kept by the Commission pursuant to the provisions regulation, or (ii) exceed or threaten to exceed or otherwise of 49-5-0. thrcatlci or impair, the renewal or replenishment of such waters or (6) Any person who desires to be heard at any such public any part of themn. hearing shall give notice thereof in writing to the Commission on (c) The Commission may declare and delineate capacity use or before the first date set for the hearing. The Commission is areas in accordance with the following procedures: authorized to set reasonable time limits for the oral presentation (I) Whenever the Commission. after reviewing a request froml a of views by any one person at any such public hearing. The county. municipality or subdivision of State government. believes Commission shall permit anyone who so desires to file a written that a capacity use situation exists or may be emerging in any area argument or other statement with the Commission in relation to of the State. it may direct its executive director to conduct an any proposed action of the Commission any time within thirty days investigation and report to the Commission thereon. following the conclusion of any public hearing or within any such (2) in conducting the investigation the executive director shall additional time as the Commission may allow by notice given as consult with all interested persons. groups and agencies; may prescribed in this section. retain consulhats; and shall consider all factors relevant to the (7) Upon completion of hearings avnd consideration of submitted conservation amid use of water in the area. The report shall include evidence and arguments with respect to any proposed action by t[ie executive director's findintgs anmd reaomlindatiosis as to the the Commission pursuant to this paragraph, the Commission shall water use problems of the area involving groundwater. whether adopt its inal action with respect thereto and shall publish such effective measures calt be employed limited to groundwater. and final action as part of its official regulations. The Commission is whether timuely action by any agency or person may preclude tile empowered to modify or revoke from time to time any final action need for additional regulation at thlat tmne. The report shall also previously taken by it pursuant to the provisions of this section, intclude such other findings and recoatmimendations as may be any such modification, or revocation. however, to be subject to the deemed appropriate. including recomnmulnded boundaries for any procedural requirements of this chapter, including notice and capacity use area that may be proposed. hearing. If the Commission finds and orders that a capacity use (3) If the Commission finds, following its review of the report area shall be declared. its order shall include a delineation of the (or tbeieafier followilig its evaluation of mncasares takeLl falling boundary of the area, and the Commission shall instruct its short of regmlafionl) that a capacity use aca shlold be declared. it executive director to prepare proposed regulations consistent with may adopt an order declaring tile c.lpat.iity use area. Prior to the provisions of this chapter and commensurate with the degree 507 50s E-57 rCjtOujrDWxmR UsF Acr 649-5-50 49J-5-50 WAitE..s. WArERt RiESOURCES, U GT. of control needed from among the classes of peranissible aeguila- llaa~l 0K. 1962 Ced. 1 70-35; 1969 (56) 640.- ,lons set forthl in � 49-5-50- js 111s FORY; 1962 Code 178-34; MS6 (56) 640- Ai la. oi amui WV.iur CoUsncrVaiu.11 th6ircis lAW. acceI 4ls-9-10 Ci &cq. &Clas erelarccca- Rr-CRcaih mod rractece Refereaceb- 39 QJS. W*Icri 1 133 A.95_0 kgualoof uswnWaer Cofirai gimundwaaw. icc14--0~"12 niu d Cascrs i14 4955.Rglto fuse ofareudates.i apc � 49-5-60. lpernsit required for use of groundwater in excess (a) Following the declaration of a capacity use area by the of 100,000 gallons per day; procedure before Commilssion; Collmission, it shall prepare proposed regulatiotis to be applied appeals; mattera which shall be considered by Commission. in said area, containing such of the following provisions as the (a) In areas declared by the Commission to be capacity use areas Commission finds appropriate concerning the use of groundwa- no person shall (after the expiration of such period, not in excess Ws: ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~of six months, as the Commission may designate) withdraw. obtain (1) Provisions requiring water users within the area to submit or utilize groundwaters inw excess of one hundred thousand gallons reports not more frequently than at thirty-day intervals concerning per day for any purpose unless such person shall first obtain a quantity of water used or withdrawn, sources of water and the Permit therefor from the Commission. nature of the use thereof. (b) When sufficient evidence is provided by the applicant that (2) With respect to groundwaters: provisions concerning file the water withdrawn or used from the ground is not consump- timing of witlidrawals; provisions to protect against or abate tively used. a permit therefor shall be issued by the Commission saltwater encroachment; provisions to protect agatinst or abate without a healing and without the conditions provided in subsec- unreasonable adverse effects ott other water users within thke area. tion (C) of this section. Applications fair such permits shall set includitig but not limited to adverse effects on public use. forth such facts as the Commission shall deem necessary to enable 13) With respect to groundwaters: prvsosconcerninig well it to establish and maintain adequate records of all water uses depith and spacing controls; and provisios r tbistitig a range of .within tihe capacity use area. picescribed puatipinglevels (elevations below whichl water mitay not (c) In all cases in which sufficient evidence of a nconconsumptive be pumaped) or maximum pumping rates, or both, in wells or for use is not presented tile Commission shall notify each person the aquifer or fair any part thereof based onl trie capacities and required by this chapter to secure a permit. of the Commission's characteristics Of the aqulifer. proposed action concerning such permit. and shall transmit with (4) Such other provisions not inconsistenit with this chapter as such notice a copy of any permit it proposed to issue to such [he Commnission finds necessary to implement the purposes of this persons. which permit will become final unless a request for a chapter. hearing is made within fifteen days from the date of service of (h) 'lle Comutissioti shall conduct one oi- uore hearings upon such notice. The Comtmission shall have the power: (i) to grant tihe proposed regulatiotas. upon notice. in accordance with tile such permit with conditions as the Commission deems necessary requiremetits of subsection (c), itecats (4-(ti. of � 49-5-40. Upon to implement tihe regulations adopted pursuant to � 49-5-50; (ii) completion of the hearings and consideration of submitted cvi- to Kraat any te~mporary permit for such period of time as the dncec and argumnetts Willi respect to any proposed regulation. thme Commissioni shall specify wheire conditions make such temporary Commission shall adoist its finial action with respect thereto, and perm it essential, even though the action allowed by such permit shall pu~blish such fnial action as part of its olltcial regulations. may lot be consistent Withi tile Commission's regulations applica- The Coimmiission is empowered to immoldify or revoke froms time to ble to such capacity use area; (iii) to modify or revoke any permit tione ally filial action previously taken by it pursuamit to .the upon not less than sixty days' written notice to any person provisions of this section. any such miodificaitionst or revocatiolis. affected; and (iv) to deny such permit if the application therefor or imuwever. it) be subject to time 1sromcditra rcilktiremmiemts of this tile effect of thke wlater ttse proposed or described therein upon the thapter. imathmiitiig iotict: and hicarimig. water resoum ces of the area is found to be contrary to public sag58 A GttOuNowxit : tL!sE Ar 450 9- W � 419-5-60T VA'll YS. IVA'II.II R!;SOIIMCEs, LTC. interest. Any water aser wishing to> contest the proposed action shall be entitled to a hearing upon request therefor. cr.l. Any por y t io a rmccding shall b e entitled to a copyy of suhen- (d) In any proceeding iprsuatit to this section or � 49-5-70. the e.l Any pary I a pr eding Sa be nitled to a copy f sh Commission shall give notice wtilt respect to al steps of the ret sd upon tihe payment of the reasonable cost thereof as deter- proceeding only to each person directly affected by such proceed- m d by the Commission mg who shaU be made a party ther,_ o. In all roceedings pursuant (4) The Commission and its dily authorized agents shall follow to 14S9-5-0 or S 4 p-5-50 the Co mnaissio c shall give notice as generally the procedures applicable in civil actions in the circuit provided by these sections. and it shall also give notice of all its court insofar as practicable. including rules and procedures with oificial acts (such as the adoptionn of regulations or mules of regard to the taking and use of depositions. the making and use of proceduse) which have. or are Intended to have, general applica- stipulations. and tile entering into of agreed settlements and non and effect, to all persons on its mailing list on the date when consent orders. such actiont is taken. It shall be the duty of the Commission to (5) lthe Commission or its duly authorized agent may administer keep sudch a mailing list on wltich it shall record the name and oaths and may issue subpoenas for the attendance of witnesses address of each person who reqursts a listing tlhereon, together and the production of books, papers. and other documents be- with die date of receipt of such request. Any person may, by longing to such persons. written request to thde Commission. ask to be permanently re- (6) Subpoenas issued by thIe Commission. in connection with corded an such a mailing list. any hearing under this chapter. shall be directed to any officer (e) All notices which are required to be given by the Commis- authorized by law to serve process, and the further procedures siun or by any party to a proceeding shall be given by registered and rules of law applicable with respect thereto shall be prescribed or certified mail to all persons entitled thereto. including the in connection with subpoenas to the same extent as if issued by a Conunission. The date of receipt or refusal for such registered or court of record. In case of a refusal to obey a subpoena issued by certified mail shall be the date whean such notice is deemed to have the Commission, application may be made to the circuit court of been given. Notice by the Commission may be given to any person the appropriate county for enforcement thereof uponi whom a sunmons may be served in accordance with the (7) The burden of proof at any hearing under this chapter shall provisions of law covering civil actions in the circuit courts of this be upon the person of the Commission, as the case may be, at State. The Comnmission may prescribe tlhe form and content of any whose instance the hearing is being held. particular notice. (pticulae following provisios shall be applicabl in onneetiom (8) No decision or order of the Commission shall be made in ) he following proviarinsiots shall be applicable in connection any proceeding unless the same is supported by conmpctent, with hearings pursuant to this part: nmaterial and substantial evidence upon consideration of the whole (I) Any hearing held pursuant to this section or J49-5-70 record. whether called at tihe instance of the Comotissioln or of any person, shallbe held upon not less than thirty days' written notice (J? Following any hearing the Commission shall alford the whether called Al tile instanlce of tile Commc~issionl or of ally (9) Following any hearing, the Commission shall afford the givpeson. shall bthe Cold upiion to any prso less n whoirt y days' written notice parties thereto a reasonable opportunity to submit within thirty proceedings with respect to which such hearitg is to be held. days or wthinm such additional time as prescribed by the Commis- unless a shorter notice is agreed upon by all such parties. son poposcd findings of fact and conclusions of law and any btiief in connection therewith. (2) All hearings under this part shall be before the Commission b ef il connection therewith or before onIe or more of its own members or before one or more (10) All orders ad decisions of the Commission shall set forth of its own qualified employees. and shall be open to the public. separately the Commission's findings of fact and conclusions of Any mcmtber or employee of the Commission to whom a delega- law and shall, wherever necessary. cite the appropriate provision lion of power is made to conduct a hearing shall report the of law or other source of authority on which any action or decision hearing with its evidence and record to the Conmrmission for of the Commission is based. decision. ( 11) The Conmmission shall have the authority to adopt a seal (3) A full amid cunmplete record of all pi oceediigs at any hearing which shall be judicially noticed by the courts of the State. Any unler this chalpter shall be taken by a reporter appuointed by the doumnent, proceeding, order, degree, special order, rule, regula- 511 tion. rule of procedure or any other official act or records of the 512 E-59 GROUNUWATEI USE Acr i 49-5-60 � 49-5-60 WArItS, \\. "K Itt.SOtiItCE5, Crc. Comunission or its minutes may be certified by tile executive (6) lThe kiuds of business.; or activities to which the various director of the Comulission under his hand and the seal of tile uses are related; Commnission and when so certified shall be received in evidence in (7) The importance and n :essity of the uses claimed by permit all actions or proceedings in the courts of the State without applicants (under this sectior.. or of the water uses of the area further proof of the identity of the same if such records are (undes � 49-5-50) and the extent of any injury or detriment onompetelt, relevant and nlaterial in any such action or proceeding. caused or expected to be ci-Ned to other water uses (including T'111 Coummission shall have the right to take judicial notice of all public use); studies, reports, statistical data or any other official reports or (8) Divrsion from or reduotion of lows in other watercourses records of tile Federal Government or of any sister state and all r ad such records, reports and data may be placed in evidence by die or aquiers an Commission or by any other person or interested party where (9) Any other relevant factors. rlatCe iJ.i relevant and comnpetent. HISTORY: 1962 Code J 70-36; 195 (56) 640. (g) Any person against whom any final order or decision has Cross rerelace.- been made except where otherwise no appeal is allowed. shall As to Soil and Water Conscrviaiur. Districts Law. sce !i 48-9-10 e seq. have a right of appeal to the circuit court for Richland County or of the county where the order or decision is effective within thirty Research and Practke Retcrence- days after such order or decision has become final. Upon such 78 Am jur 24 Waters 14 appeal thie Commission shall send a certified transcript of all testimony and exhibits introduced before the Commission. the � 49-5-70. Duration of permit; renewal; transfer, determinua- order or decisions. and the notice of appeal to the circuit court. tion of amount of water withdrawn or used, use of water Thle matter on appeal may be heard and determined de novo pending issuance of permiL based oil a certified transcript and any-othler evidence comnpetent (a) No permit under 1 49-5-i0 shall be issued for a longer under the rules of evidence applicable to trials in thie circuit court period than the longest of the following: (i) ten years, or (ii) the and with a jury upon any question of fact; provided, the court duration of the existence of a capacity use area, or (iii) the period shall allow any party to introduce evidence or additional evidence upon any question of fact. At the conclusion of the hearing. the tion of the applicant'Comm to er thdcawal ayd w ater-using facilities. judge shall make findings of fact and enter his decisions thereto. Permits may be renewed following their expiration upon compli- Appeals from the judgment and orders of the circuit court may be ane with the provisions of u c9-5-60. made to the Supreme Court. No bond shall be required of theh he provisions of 49-50. Commission in appealing to the Supremne Court. (b) Permits shall not be tracsferred except with the approval of (li) In adopting any regulations pursuant to the provisions of tle Commission 1 49-5-50 and in considering permtit applications. revocations or (c) Every person in a capacity use area who is required by this modifications under this section. the Commission shall consider: chapter to secure a permit shall file with the Commission in the (1) The number of persons using an aquifer and the object. mumanner prescribed by tile Commission a certified statement of extent and necessity of their respective witlid awaits or uses; quantities'of water used and withdrawn, sources of water. and the 2extent au arnd necessity oftheir respective wifeldwls or uses; !nature of the use thereof not more frequently than thlirty-day (2) T he Inature and site of tlhe aquifer; intervals. Such statements shall be filed on forms furnished by the (3) The physical and chemical nature of any impairnlment of the Commission within ninety davs after the adoption of an order by aquifer, adversely affecting its availability or fitness for other water the Commission declaring a capacity use area. Water users in a uses (tincludinl; public use); capacity use area not requited to secure a peirmit shall comply with (4) The probable severity and duration of such inspairment procedures established to prorect and manage tile water resources undcr forseeable condlitions; of the area. Such procedures shall be adapted to the specific needs (5) The injuIry to public health, safety or welfare which result if of the area, shall he within tLe provisions of this chapter and shall suchIt Illl);ItUllCit were Iot prevented or abated; be adopted after public hearing in the area. The requirements 513 514 GgaumcluVA3-ki Usk. Acr 4--0j9BN AsH.T~Aikltbt~ S i: emsbodied isi she two piteceding sentences shall not apply)Its � 49-5-80. Maps, drawingb. dec..riptions or conibinationst istilividual doniestic water use. thereof defining boundaries of capacity use areas. (d) If any person who is required to secure a permit under this (a) Tule Commaission in designmintig and the executive director in Chapter is unable to furnish accurate information concernitig ivs-oiiirncndiutq thle boundAries of anly capaicity use area msay define amitounits Of water being withdrawn or used. or if there is evidence Stich boundaries by showing them on a map r drawing. by a that his certified statement is false or inaccurate or [hat lie is Writtent description, or by any comubination throtbeds- withdrawing or using a larger quantity of water or under different stated appropriately and filed pecrmanenitly by live Commission. conditions titan has been authorized by thle Commission, thle Alterations in these lines 'shall be indicated by appropriate entries Comniission shall have like authority to require such person to t&aon or additions to Stich snai or description. Such entries shall instal waer neters or onicothermoreeconmicalmean forbe muade under the direction of the executive director. phocto- measuring water use cctaltoteCmtiin.Idtrui-gryIhicjtyped OF othies copies of suich map or description. cent- ing ~~~acethbe asut of wter Coeising wItdwn ous detby a fied by the executiv'e director, shall be admitted in evidence in all tie th amuntof ritr bingwitdran a- ued y apermits courts and shtall have the same force and effect as would the itolder air applicant the Commission may use the rated capacity oforinlnpordsito.Ifhebuaisaechgdprs- his pumps, the rated capacity of his cooling system. data furnished o r g n l apt-dsipo.Ifie udaesxecnedpru by the applicant, OF the standards or methods employed by the alit to other 1rovisiolls of this chapter, like executive director may United States Ge~~~~~~~~~~~poloia uveyindeemnn fuhqaniisor freredrawing of any such map. A redrawn map shall byUnithed Saepse GmlgclSreyt ndtrnnn uhod.nitesO super-cede for all purposes tile earlier map or all maps which it is (c) In -any case where a pernsit applicant Can prove to thke (b) 'Me executive director shall file with the Secretary of State a Commission's satisfaction that the applicant was withdrawing or certified copy of the snap, drawings, description or combination using water prior to thle date of declaration of a capacity use area. tltereof. showing tile boundaries of any capacity use area desig- the Commission shall sake into consideration the extent to which nated by the Commission; and a certified copy of any redrawn of such prior use at withdrawal was reasonably necessary in the altered map or drawing. and of any amendments or additions to judgment of the Commisssion so meet his needs, and shall grant a written descriptions, showing alterations to such boundaries. permit which shall meet those reasonable needs. Provided. liow- It ISTORY; 1962 Cade 1 78-39. 1969 (56) 640. ever-r that the granting of such permit shall not have unreasonably CrO&S referemcee-- 3dverse effects upont other water uses in the area. including public Ast o Soil amd WVatc mervOi Distrnsi Law. aect 1 48-9-10 el seg. use, and including potential as well as present use. � 49-5-90. Investigations by Commsission; light of entry. (f) -he Commission shall also take into consideration in the ibhe Commission shall have the right to conduct such investiga- gralitisig of ally permkit the prior investmensts of any person in tosa sa esnbyb eesr ocryotisdse lands, and plaits for sike usage of water it, connection with suct prns as yrasybed inetischterssandfry toi carpyout iso dntiersa lands whtich plans have been submitted to the Commsission within p ecie nti hpe.adfrti ups oetra .t rasonblestatc afer uly . 199. ro v~edhowver.thatthereasonable times upon any property. public or- private, for the gkrassigof~i sunch apermi shalyl2 not9 havwed uneaowertat advere purpose of isivesigatimig the condition. withdrawal or use of any effects upon other water uses tot the area, including public stse, aesbstgisgweroucornvtgtnghentlain or opertion o any well and to require written Statements or the and including potential as well as prescmit use. flnofrptsndratwth respect to pertinent questions (g) Pending thle issuatice air denial of a permit pursuant to reltn oteisalto roeation of any well; provided, that subsectioss (e) or (f) of this section, the applicant may contistue ilte nopro hl erqie odisclose any secret frrmula, proc- same withdrawal or use which existed prior to the date of declara- ese rmtosue naymanufacturing operation or any tion5 of like capacity use area. conifidential infortuatiosi concerning business activities carried on HItSTORY. 1962 Code � 70-37i 1969(156) 640. by Itim or tinder Isis supervision. No person shall refuse entry or access to any authorized representative of the Conmtission who Ast, S, jt.wc t.ac Cuncvfmj~ Iccoces ~4IJ-5 requests en"r for the purposes of a lawful inspection, and who As 4. sd.11.1 ate culervlink Deler It. se �144--10 l *'j.presents appropriate ctedentials. nor shall any person obstruct. E-61 CirOIJ~~uWATER USE ACT ~ ~ 49~~5-l20 ~ limit, GAMY AND) WVATmCRAFT haiitp~ ~ ~~Gtoro ncfr ijt ;iiiYR such Acprcsiltv 49-5i- 1 2 0 ~ sO~ 19b2 C..dc 26-1O5i 1952 Code 28 15.05; 1942 Code I MN5 1935 ilia), such rept-esenlative While if, I(5e 47B; 1952 (47) 2890. hpiOCCIr of carryingl' out h1is Officiasl duties coniisiteit with tile adfihclus ~rto provii ois of thrris g o t5 - - 0 cdcl atin g.i PI-Ovisions of this chapter. ~ ~ ~ ~ ~ ~ ~ ~and investigations; sampling fish popuaitnts.~ iiS t)tRy. 19b2 Code I 70-40; 19ti9 isfi) 640. Cc*%& relerc-es- ~~~~ ~ ~~~~~~The authorized agents of the Department may conduct game As to Soil at..) Water ~ ~~~~~~~~~~~~~~~~~~and fish cultural operations and scientific invcstigaon in dc � 49-5-100. Rules and regulations. ~ ~ ~ ~manner, places and at studu times as are considered necessary and TieCommtission may adpand ndiyfrom time to time rules may use whatever methbods'are deensed advisable for sampling fish aT eul ationstoikclv te mrodisinfyti hatr populations. Such Operationsi and investigatiOtn5. shall be con- .snd egulaions o impensen ihe n~v350115 f thi chaper. dcted only at the request of and with thle pernissio ro h kItIIS `0 ItY. 1962 Code 1 704 1; 1969 (56) 640. d c~~~o~~~a rctaecaoe- ~~~~~~~~~~DirectorI Of the Division of Came or the Director of the Division o As go Sad Aatd Wager Conssritvaitott Districts Law. see I1,431-9-10 i et. CommercIial Fisheries, and DO- such operations and investigations shall be inade upon private lands and waters except asi the requesi � 49-5-1 10. Penalties; Injunctive refief. of the owner or owners of such lands and waters. (a) Any persoas violating any provision of this chapter shall be HISTORY; 1962 Code I 28-106; 1954 (48) 1765. deemed guilty of a misderneaiciir atud. upon conviction. shall be flined not less than one. hundred dollars% nor more than on �0- 10. cqiti.ascooher ipsto fra thousand dolars for each violation. In addition. if any person is � rpn 50or00 gAce ruisis ispondsal or other dipsto f realad adjudged to have Coutmitted such violation wilfully, the court may rptyfrgmrervsfihonsrohrrlad determine that each day during which such violation continued TeDParmn a cuirp.owsell ese,.cag.tas constitutes a separate offeiise. ~ ~~~~~fer or rent real property, alone or in cooperation with agencie's of (b) In addittoit. upon violation of any of the provisions of this the Federal Governmzint, for the purpose of providing gamel chalpter. Or the regulations of the Commission, the executivereevsfshpn.gaeamfihateisubchnig directors may, either before or after the institution of criminal andres fishin grounds gand for is fisherthek publie ncesy anduroper proceedings. institute a civil action in the circuit court in tile camte frtepoeto.mngn rpoaaigo ihadgm n 'if [Ile State for injunctive relief. Neitlter thle institution of tile fornihn the propleton. thegn ora with hunting arasan fishiandgamn ations iraycf h proceedingsf rn therpeonsalty prescibede any capart facilities- Only funds or revenues of tile Department not essential for aydipoceedions ofrn the peat rsrbdb hscapter to its normali operation ilia) be used for such purposes. Funds IIISTORY. 1961t Code I70-38i 1969 (56) 640. made available by appropri~tticin. allotment or donation to the C-ross gefeEences- Department for such purposes by thle Federal Government and its As t Sol Ad Wacy ansvvanin istati Law se 1148-910 t sii.agenrcies or by other governancntal or private agencies may be i~As to Sailnd Pae Ctsrvacinigtric a.se II 46-9--to used to carry out tihe provisiOns. AA this section. 24 At., Jr 14 S, Pr Form% (1tev edlt. Waters. Focus1 Ilal (Compi~ttll. peuttioa. or HIISTORY: 1962 Cod 1 28-107; 1957 (50) 51. ~~~~.Dic Iat atjtg -oatu wtaloast of "Bc'."IM -D in l# I it It of ogtcQaUtt.tl wateir) ded~nti~ll11) CjUM gCXCXi(evC ed)i.f~fkals~l ae S y s -temt o As to acquaaisitio of lAnsd for isslt lanirencs. sce II 50-13-1920, 50--13-930. det~l~gatto5 it)Citl~ti CX(l~t~edrainge Igits atessag w~gir sysettalAs go acqolalitioN of lot.nu istn Ultio County for fish ond wildlife pijec-is. see II 50-49- 310 to 50- i9-13304 � 49-5-120. Law as to use of surface water not affected. As to Consstructiont of roads Aunt aecreatiott facilities by use State Hlighiway Ntigcoiitaiied in this chapter shall chgsge or moudify exs- tOepas Inicna utder Agreeaajc-ia. .1111ti sle South C~trotttia Wildlife and Marinte itg coangati)o or stalutary law with respect to thle rights Ur tile uN coeesDprmnseeI5-51 of Sul face water in this State. ATRE lNRLSOIIN HIS l301tY. 1962 Code j 70142i 1969 (56) 640. AFRE tNRLSOIIN Cioss sileetrttces DeCpArinteilt is egtajsowered to dtsp*s ...sc C10CCl DePArAiCtie is eanpowered As to Sodag.nid W.tger Ctagtcervatiitg lDwI1,11 I icc. t-C I 14fi-IJ-t cl SC D I or sell real estate.-I Ite %V11,1111il by ialgs scgtion to dispose of or sell real E-62 50 5t-I-20 Fibil, GANS. AND WATMLCKAVI, (1) "1)cpail~inwn means the Wildlife anud Mtl:iijoe Rcsources ('2) (.Comlariision" means thfe Wildlife and Marinc Resources CHAPTER 15 Conkinassion. Nongamae and Endangered Species Conservation Act ()"Ecusysigrm" means a system of living organisms anid their envruaneheach influencing the existence of the other and both Utz necessary for the maintenance of life. 5,4-15-tO SIUMA Stitll 50-15-20 Dchnsnions. (4) "Endasnge'red spe-gies"'means any species or subspecies of 50-I-5O3 litigatio~in* oil no..igaille wildlife by Comsumission; rules asid legula- wildlife whose prospeccs of survival or recruitment within the State [mu5 itttgliil. pi-ograms-. Pubici bearings; pwluhisll . ait are in jeopardy or are likely within the foreseeable future to 54- 15-40. kadjusierd species shall be listed. FeCwcw au Jil1 aitirdiiw-ii of 1151. become so due to any of the following factors. (a) the destruction, FcdcfAstl joi tda n.o rnpr ue C 0fiiiimos, drastic modification, or severe curtailnent of its habitat. or (b) its mi- i 5,-M Esg~lalwg and cairyilig out progrAitis for iiinaiijciiiii of noiin over-utilization for scientific, commercial or sporting purposes, air and etidasigered wildlife; renuoVal. capture or destrutijon ul wild- (c) the effect on it of disease, pollution. or predation. or (d) other life natural or magnmade factors affecting its prospects of survival or -Sti-l1 5,--6 Cost* of progratrs recruitment within the State, or (e) any combination of the forego- 50-I5-70 hossssutgalion of regulations. 50--S--dO. rclialies. AcAr,1Se alud seizures, power to affeli. dhinfssolloa.f cottfii- ing factors. The iterns shall also be deemed to include any species caict property. o f p0115 rsubspecics of fish or wildlife appearing on the United States' W 1590.chaper al rlicaclie. ciram "po~~llot fat P o h i i ted Us of Endangered Native Fish and Wildlife as it appears an July 2. 1974 (Pan 17 of Title 50. Code of Federal Regulations. Appen- � 50-15-10. ~Short title. dix 0) as well as any species or subspecies of fish and wildlife Thi chpte ma becited as the "*South Carolina Noingagrine anid appearing an thle United States' List of Endangered Foreign Fish ETahi e Seis Chapterato mAct." and Wildlife (Part 17 of Title 50 of the Code of Federal Regula- HISTOgRYd Speie Conserat75;194 ISO) Act1." tions, Appendix A). as such list may be modified hereafter. ISISTOR~t 162 Code I S-uS, t974(58) 2354.(5) "M a nagemeni" means the collection and application of Ediiior's Note-- biological information for tie purposes of increasing the number Sc~tion 3 of 1974i Act No. 1125 (1974) (S5t) 25114. coutaitis legisl..tive findings of' individuals within species and populations of wildlife up to the A~id plovides. otmmcryn aaiy terhbttadsc " Me Generial Assembntly finds and declarei that: opiucayngaaitof terhbatndmaintaining sc "tt It 13 fie pflsy of [his Stage to murassae ce"Ain noisga"Ic wildlife for tn,,.1,14 levels. Tlie termi includes the entire ransge of activities that consti- c..jo~yme,,t.f iscieniicsai. ptuhlposes. aold to insure their perpeioatious as nictothers title a modern scientific resource program including. bilt not c.,Y31c~ieiors; bpce fwllf iteis oti ct hc limited to. research, census, law enforcensent, habitat acquitsition r-n "b riaize iti tecoS t a e Ilalab Acldl1 ffc10. o;. and inmprovencnsent and education. Also included within tihe term. ivratand to ithe calculi possible enthanice theia ouguiers, when and where appropriate, is the perriodic or total protection of .3) flce State should assist in the Protection of' species of supcibs1cus of species or poultnsawelargltdtaig 5.II,1ifie .1locli are d,Ireiud to he eiidaageted elsewhere by PF.11111.i~itg thle tkl'. pltin s e srgultdtaig P-IIezscln rg. .pI a ifu Sipottio.rrcsig. sale Of oiler for iSil or (6) "Noriga;ue- Apecirs" means any wild magnmnal, bird, aniphi- Illiplue'll ,i iliidc5tieo speieorobspce SI fislf itdo i i~ bian. reptile. fish. mollusk, crustacean, or oither wild aninial not Ilr t i, of &iLndrgted .s n Widle as set fordil hetemil unless so'ch otherwise legally classified by statute or regulation of (his State as 4111cons will -ssis Ilk preservig air propagalln the species or iiabspecies. evi~l "M-t Adq.efiiug be radei availab~ in th~c udng'f bg I Departmnteiil ,sutolly by a game species. i'Pcr-ptil.,ion1 froin file general fund of Froug Otlier sources separate and apalli (7) "Opuiinuign carryhing capacity" means that point at which a 0'srrikte gAOIsi Aid fish ltsid (or ninaaugemnent of nonganie Aind tidaisgercd given habitat can support healthy populations of wildlife species. having regard to thfe total ecosystem, without diminishing the ability of the habitat to continue that function. �50-15-20. Definitions. (8) "Person" mceans any individual, firm. corporation, associa- As iisCd ini this ch.licstr: tion or partnership. 177 178 E-63 NON AND ENDANGERF.D Sa'LCIES F 01-0~5-53 ills. ;AMI AND IFWAD, to thi (9"Tale" meians so harass, huast. capture. oir kill of attenipt to Coitisi~l1 ectai mcdof n.ngii~~ ub~tt 1 la~rass. built. c~apjtu' e.or kill wildlife. ' C lih-HS IOV.16 ecti2on.;174(5)234 (10) -*11fiidh- loaaeiss .Any wild mgnsanal. bird. reptile .sarip[ lt~eiSc an 0KV 102Code Rarcfevkcc4(91 284 Wiall. fibh. Mtollusk. ~ 1,tzaccal of other wild arisinsal OF ally part 3 1 ,C -~ ecleKe~)C PI odiact. egg or offspring or the dead bodyA orS pailstairo 356 26.fahad an I IRSri ;1962 Code 1 285-726, 1974 (53) 23184- SoA CJS. Garic 1 26. wildlife by ~~~~~~~ALi and L Ed A-"slomian~ pfhibiitnff sake witsaaa "jii Of skin or body~ � 50-) 5-30. Investigations on nonigamne w Clmmis VAldity and fa njIlse an"- *look; rules and regulatiOns; mantragef"liet Programs; public oF ".e wil anuwashr fieasndtef.4AtS10. (earigs ; prohaib5ited halcodcts investigatiOns an nongamse ! 50-15-0. Endangered species shall he "lised; review and (a)dlife in lorderstoodeshall cond rmttion relating to population. tm n puo f ss i-fl o t a e d alnOtr s o t dtiutiorti, habitat, needs, limiting factOrs, n te ilgclasesi5tto is;ulwu otkda n rtaSpi aiad eologial daa to etermne osnageateit measures necessary peies Oa oanaii orFeerl iss fur their cnied ailty osearhmeve ucssul.On()O hebsso invetigtios o nname wildlife provided frthebsir cof such abilrinty o susan theComission sucesflly iOnu for in 1 50-15--3O and other available scientific and commer cial liroposed noftuc d leratern thanoe cerfommiso suit issu data, and after consultatiOn with other State agencieS. appropriate mid develop inanagoeane~t programs designed to insure (lie butil Fnoa lagter , iand otheyer ifterJuly 2 p94tersn n orgaizations ued Ability of nonagatic Wildlife to perpetuate themselves success- b t fa ae hnoeya fe uy2 94teCmiso fully. Such proposed regulations shall set forth Species or Subspe- shall by regulation P-proloe a list of those species or subspecies of cies of saongause wildlife which the Commission deemns in need of wildlife indigenous to the State which are determined to be maaanageliiieit pursuant to this section. giving their consason and endangered within this State, giving their common and scientific scientific nattes by species or subspecies. -he Comnsissioni shall names by species and subspecies. Such regulation shall become conduct ongoLinig investigatiOns of nonagame wildlife and may (rain effective sixty days after being proposed during which period tame it) tsine ARICaId bU,_LItI regUlAtioli by adding or deletinig there- public comment shall he solicited and received. T1he Commission fir om species or subspecies of nongattre wildlife. may hold a public hearing if deemed appropria te. On the basis of (b) The Comnutilsion shall by such regulations establish pro- public comments received or the testimony at any such hearing, posed limitations Totaling t o t a k i ng. possession.otrnspottoteCmission may add to such proposed list additional species CposedAlimiaton roelating aeo fe for salen. pofshipessinS transotain or subspecies which are determined to be endangered within the be diermed necessary to manage such nongame wildlife. Such State or delete therefrom such species or subspecies which are regtalatioii shall becoaae elfective sixty days after being proposed determined not to he endangered within the State. dutriang whicth periodil public conmstcatl shall he solicited and re- (b) Thie Commission shall conduct a review of the State list of ceivcd. IThe Commsiassion may hold a public hearing if .decaased caidangered species within not more than two years from its Applopriate. Oil tile basis of public comments received or thle effective date and every two years thereafter and may amend thle lit ayich additions or deletions as are deemedaporteTe Chnestilama at ile Ppsuet regulation asae consnistent with makctie suhCquinission shall submit to the Governor a suanmary report of tilse chllasgesiciltea pofponsoed regultiosf saeeo.atn it letv data used in support of all amendments to the State list during the (c) Except As provided in iegtalAtiolkS issued by the CommissiOn, Precedaang biennium. it slasll be "aalawful for any person to take, possess. tramasport, (c) Except as otherwise provided in this chapter. it shall he export. Proccss, sell of after for sale or ship nomagame wildlife unlawful for aisy person to take. possess. transport. export, proc- d~ceaaaed by tile Couaaunissioit to be in fased of managemient pursu- ess, sell or offer for sale or ship. and for any conmon~t or contract Aliti to telas bectioli. Subject to the Sallie exceptiomi, it shall furtlaer carrier knowingly to transport air receive for shipment any species be "Aahlawfial for ally colilionia or Conitract carrier knowingly to or subspecies of wildlife appearing on any of thfe following lists: Iraisipom t of a eccivc for Shipmenat W ,Saaiiliii wildlife dcuaied by thle (1) thve list of wildlife indigenous to the State determined to be 179 160 * j~~~~~~~~~~~~~64 NONGAME AND ENDANCLIED SPECIas 50 CA 50155 Fat.(A AND)W~ i~t~ endangered within the State puisnSailt to subsedCOOD (a); (2) the 4itt JUN an tatilite their authoirilic.% if] furtherance oif the ruirl)"Ie Untited States' "bsI of Endangered Native Fishs and Wildlife as it of tlias section. Appears Olt July 2. 1974 (Pail 17 of Title 50. Code of Federal (a) -iar Comsmission may permit. tinder such terms and cut .di- Regulaltolls. AppeandixM ;i (3) thle United States, List of ntios as may he prescribcd by regulation, the taking. possessiOfl. Endangered Foreign Fish and Wildlife (Part 17 of Title 50. Code xoatoo rsimnofpee rSupcesf of Federal Regulations. Appendix A), as such list snay be modified wildlife which appear an like State list of endangered species. on hereafter; provicdd That any species oar subspecies of wildlife like United States List of Endangered Native Fish and Wildlife, as appealing on any of tile foregoing lists which enters the State ansended and accepted in accordance with I 50-15-40(d), or on firoan another state or front a point outside the territorial limits of tilec United States' List of Endangered Foreign Fish and Wildlife. tile United States and which is transported across the State des- as such list may be modified hereafter, for scientific. zoological. or tined for A point beyond the State may he so entered avid trans- educational purposes, for propagation in captivity of such wildlife, posnted without reblriaton in accordance with the leg-ms of any or for other special purposes. Federal persiit or permit issued under the laws or regulations of (C) Upon good cause shown, and where necessary to alleviate another state. damage to property or to protect human health. endangered (a) In like event the United States' List of Endangered Native specis may be remooved, captured or destroyed but only pursuant Fish Alta Wildlife is modified subsequent to July 2. 1974 by to permit issued by the Commission and. where possible, by or addi~~~~~~~~~~~~~~~~~~~tion a eein.sc oiiain hte rrs novn nder the supervision of an agent of the Department;, provided, addcitios orfeetos su chece mnieodifictiof theStaeayher accepte asolt that endangered species way be removed. captured. or destroyed species undr subspection inditenouser the Stype may senic acepted as without permit bry any person in emergency situations involving an indting udesribdi subsection (a) i. atrthe Cyeommisciontiby deglteri- immediate threat to human life- Provisions for removal, Capture, naccept dsuchibedifinuscation (a). the Commissionby sucegulationsal or destructions of nongame wildlife for the purposes set forth bcetssc modffcativeuon poromulga Ay uh egltion sal above shal he set forth in regulations issued by the Commission fi ftSTR. 1562 Code 1 211-719; 1974 (58) 2364. pursuant. to 1 50-15-30(a). Research &a.d Practice Rdefeencegs- I111.90Cdc 2-31;174() 35 Aul jur 2,11 Fists and GAnc 1 3 t. RCesachI "id ftactice Referesices StiA CJS. Fials 1 2�6 35 Ain jut 2d. Fish aild C.asc 1 31 Sit QS. (jAI'l I 7 itiA CIS. fish 526. � 50-15-50. Establishing and carrying out programS% for imsanagentent of norngamfie and endangered wildlife; re- �50-15-60. Costs of programs. isoval, capture or destruction of wildlife. lime cost of programs established under this chapter shall be (a) Tho Commission shall establish such proramsxnldighsie by tile general fund and shall be included in thle annual acquisition of land or aquatic ha -bitat, as are deermed tsecessary for prpitinat mlalkAeumCIVCt1 Of notigamne and endangered wildlife. Thle Comsmass- HItS FORY. 1,962 Code j 28-734; 1974 (5B) 2384. sion shill lattilie all authority vested in the Department to carry �5~ 57.pougto frglt~S out tIle purposes of this section �5 757.Pou gto frgltos (b) In carrying out progran's authorized by this section. file 'The Commsnission shall promulgale such regulations as are nlec- Commission may cotter into 'kgreenlents with Federal agencies, es..ary to carry out thle purposes of this chapter. political subdivisions of the State. or with private persons'for itiSt O0lY: 1962 Code i 2S-731; 1974 (55) 2354. admsinistration and mankagemtent of anly area established utsder this ieerkadPat~ eeeic section or Utilized far vianaucinciit of noragaine oar endangered :tc Mn Jrc 2.h ii and Gamcoe efere 31. wildlife. 35Aiajtt 2dS. fish d Ga I 216. (C) -fie Govet too $1h.ihl entoaurage other Slate avid Federal :ttt Q]S. 63111c 1 7. lei 162 E-65 NONGASMt AND) EN1ANGERtED SPECEiS 50- 15-80 5-5-!1O Fisti, GAMi-i AMI) WAR EftCitAFr � 50-15-80. Penataiesi; searches and seizures; power to aF- � 50-15-90. astapteir not retroactive, certain importatiOn rest, disposition of confiscated property. not prohibited. (a) Any jici 501 who. violates tile provisions of � 50-1.5-30(c). or None of fthe provisiotis of this chaplter' sall be construed to ally regulations issued under I 50-15-30 or whoever fails to apply retroactively or to prohibit importation into the State of Piocure or violates tihe terms Of any Permlit issued thereunder shall wildlife which utay he lawfully imported into thle United Slates or be deetted gunkly of a niisdemneanor anti upon conviction shall he lawfully taken or reinioved from another state or to prohibit entry fused otimethan sivx iundreddollar or beiriodnoth into tile State or possession. transportation. exportation, process- more than six months, or both. ~~~~~~~ing. sale or offer for sale or shipment of any wildlife whose species (b) Any perfson who violates tile Provisions Of t 50-15-40(c). or or subspecies is deemed to be threatened with statewide extinction anly rtgul-Iii-uus issued ptirsuant thereto or whoever fails to pro- ill this State but not in the state where originally taken if tile tote o violtes te ters of ny perit isued uder 10-15-person eusgaging therein demonstrates by substantial evidence that 50(d) -slid (e) shall be deemed guilty of a misdemeanor and upon sutub wildlife was lawfully takenor emedfo suh tae cotiv~tios ~lall e lied oe thosanddollrs o be mprionedproi'ided. that thkis section shall not be construed to permit tile list more tariff one year, or both. possession, transportation,. exportation, processing, sale or offer (c) Any officer employed and authorized by the Commission or for sale or shipment within this State of wildlife on the United an1y polite ufficer of thle State or of any municipality or county States' List of Endangered Native Fish and Wildlife, as amended %within the Staime shall have authority to conduct searclses as avid accepted in accordance with � 50-15-40(d), except as permit- provided by law, and to execute a wari-att to search for and seize led in the proviso to � 50-15-40(c) and 150-150() anly eqtuiptnent, business records, merchandise or wildlife taken. Hl!STOitY. 19f62 C4Ae M 9731; 1974 (58) 2384. used, of possessed in connection with a violation of any section of thus chapter. Any such officer or agency may, without a warrant, at rest any person whns such officer or agent has probable cause LO believe is Violating. inl ISi presence or View, Any Such Section, Of .itsy regulation or permit provided for by this chapter. An officer or agent who has miade an arrest of a persots its connection with tany buit violaaiois may search such person or business records at tile litiie of ,smmest amid seize any wildlife. tecords, or property taken, or used, iii coinneuion wish any such violation. (d) Equilitiesmia nierciandist', wildlife, or records seized tinder tlhe provi?,tuis of subsect iots (c) shsall be held by an officer or agent (if the Departincent peinding disposition of court prtoceedings. atid Ilicicaller he foifeited to the State for destructiots or disposition as flt:e Comiutis!,ion itay dcciii appropriate; provided. that prior to foifeiture the Commttission nsay direct thle transfer of wildlife so scized to a qualified zoological, educational, or scientific institution for safekeepimug. costs thereof to be assessable to the defendant. Tht: Coninsissioti is autalioized to promulgate regttlations to imple- itient this subsectilol. RJUSOrotY; 1962 Code � 28-732, 1974i (58) 2384. $Research aod pr~gi,_aj kt.cffcjjcc- 35 Ant Jor 2d . list anti C.i,tn � 5 1 38i C(JS, tials 172 183 184 * V~~~~~~~~~~~~~~66 50-17-10 FISH. (AMtL ANDl WAlf.sltKAIFT CASE NM"l. A aSlAte may irgulate like cxpoil of lcass'ad ly like rckmi5film. 15Tou"Wer V a~tsickirs wit ichi at hasi a "vinal prop, Wlt-cII. 73 I' 5Stpp 571 (1947). al- CHAPTER 17 eaty. suali Ax wild gA1sC or fasls even. if fisisrd in 554 US 385. Go S Ci 1158, Coastal Fisheries Laws Itrtt L31fc Midciya-9LEd16(18) tssCS . GCrcial proviasunss 50-17-20. Definsitionsl. A4a sacsv 3 (ketiset and Taxes. Whenever used ina this chalsper Asi Ic~ 7A Us 3LCS Of et.SesCsfih 11001Sd ael. vc (1) "Fist;" includes finfisli. shellfish, crustaceans. turtles and Aaactis 9. Slaeitfuh-t terrapilt; Ak Iil. 11. Slurisp *and I's .ass. (2) "Shrilfsb includes oysters. clams, mussels and escallops .'ssJL Fa.s IS. Clrabl and all instusobile fish having shells; AX]ii Itly.I" Shad andA"Ftuegosa.crb AvItICLI 17. TCrrapns4 .alis SeA TrUateS. (3) "Crustaceass" includes crabs. shrimp. crayfish, stonecrb A-.intLE 19. Naattfsasd Fish. and any other anobjic fish having a shell; Ammswias 21. ttesuricesl Areas in chadarleon anud "Coeloss Coountes. (4) "Bottoms" includes all of the tidelands of the State covered ANAim tai 25 Sassssatios Irguuiations for conmcisecial Fishueries its Haorry Coounty. by water when at the stage of ordinary high tide-, arid _______ ~~~~~~~~~~~~(5) "Fishing" and "fisheries" include all operations involved in taking or catching fish and in preparing them or transporting them ArricLiE I to1 market. GENERAL l"aovISIoNS HISTORY; 1962 Ckmie 1 28-752; 1952 Colde 91 2-252; 3942 Co"e 399 SM932S Cade ISM29; 1924 (55) 1016; 1956 (59) 1644; 1959 (51) 459; 3972 (511) Sac- t 154. 50-17-10. Shiortidie. 50-17-20 tDefituiionss 01-0 tslclo fcatrs rs a~5 50-17-30 Applications of ihapteir ito fresh waters.'5 -73.Apiato ecatrors.~aei 50-17-40 Celci'M 'Coatial Wtless LOM.os 1ast for all people of State The prviions of this chapter shall not apply to fish or fishing 501-. ijusisaasts pernaissible sate ofi lAs bonglsi or 104d. cxcepaaaon foar bail, in die res waters of this State except as provided in Article 15 of so- A 7-4GO- haimcl fish 11halt be 1ated Bssly for foot! or bails, this chapter. s0'-17-70 Waes'ais n ofo i"arlac slanina. HISTORY. 1962 Cade �28-753; 1932 Cod 128-753; 1942 Code 95560; 1952 50-47-90. Eroectiona of macsaile nalal withutautyulawul Code I SSW, 1HI4 (33) 1016; 1959 (51) 4359. 50-17-100. Causaings ofu arsui Signs . Imi r sasisasu apthpeity ulwf 50-- 17-1 00 Causuingia fisujus ho asasisuis shgnsl boop ast, wit olier ptfroety.ofi � 50-17-40. Certain coastal waters; common for all people 10I- 0CcfStaea ilsi aassalcoeaews a-nocisn hi of Stage. 50-17-124) Fulaimag fretsi bo,)ai neAr commnercial fishaisg pier in Aslaissic Ocean T h e waters and bottomis of the bays. rivers, creeks and mnarshes uS-II 13 ealsawo within tile State or within three mitles of any point along low - ~~~~~~~~~~~~~~~~~~waterlnark. on tise coast thereof, not heretofore conveyed by grant � 50-17-10. sihort title. froni the Ceneral Assenably or lawful compact tsiths the State, shall This t~pler hall e know and rferre to asthe "Castalcontinue and remain as 2 common for thle people of tihe State for Tiheies shawtrshal bekonadrfre oa"le"os tile takisig of fish, subject to tihe provisions of this chapter and any HISTh 1riCoes I 2-5;15 ocIM5;34 "~aws."9; 9 future act that nsay be passed. except that this sectioss is not AIIOY192Coide IM99i5t 19 52 Code 920-15; 1942 od 1392994; 1932(1)49 sintended to regulate fish or fishing in the fresh waters of this Cress rf elesacces- Sae As so sthe Divisiosi sf Ouksnsaaeacal Fisheries. ice Chiapter 5 of ihis I lisle. HIStORY. 1962 Code 1 28-734; 1952 Cade 1 28-254; 1942 Code 953300i 1952 As to p-Wnllmiul miis fisllnsg or irespaassissg in ponds used to brevil fish aisd Code I 5500; 1924 (55) 1016; 1959 (31) 439. oysiess, scc 1 50-.13-35!s Research and PEaectic Referenees- As ia citles of f alkasiaeas atiiAndss Lnviswnuaietsal Cosais'l Waith reic :,I35Ain Jur 2d. Fish asad Came I IO. In l~ass sing. tc c. .,f slisllfist. 11sla. sal IAD m.at. 1.1stir Anal sirlina~. see I 44I-40. 36A CJS. Fish 118 cie seg. 155 l ea E- 67 COA~~~~~~~~ ~~STAL F1HRE L-6s sq5-17-60 C 975 Fs; ANIC ANI) W4Vil 14( .IArl CoASErg FIOTESI~f LA,;W jolo atsall bie guilty of a Ilisii k ejnear and. up-1 QP.1cd is, joocs v Scate BuAid of Ocrd irn ruoornus V vll,;sri. 334 us (oIIviction, shall he punlishedi as Il tvid iltli 5dI lithesses. 161t SC 309. i59 SE 651 385. "68 S ;11. 92 L lid 14610 t11'TOlY; J962 CAPde 521136; 1952 Codke 1 20.756 1942 Cod 53399; 1931 (I93 1) (1948). code I53399; l924 (53) 1016; 1951 (51) 439. A-1-1ORNEY G NR"OPINIONS - Rtekearc and Pfrsetcec Refercocca- GENERALS 1~~~~~~~~~~~~~~~5 Ant JLe 28. Fish and Castne 1 2'J. Ilacseis au0 right or poswer to the gtarsted to like Otvlittio of cuofltDrcial 36A CIS. Fish It 26. 25. Budg1et WAn Cointrol BoArd to lease or Fisheries of the Wkilife RrKtC.1csICi i- sell any of ahve cousmni~sf ox int anyilye~ pariltaeft 1963-64 Ops A~ty Ge. 017 0. erisb taiNg oh whc uthori~C ty dis la sp5 ofdieal 'lli118cp3. h South Carolina Wildlife andl Marine Resources Commtission ~~ sthi~h autlsurity is speci(1rsltv ~~~~may by its rules and regulations Ptrescribe and require permits of � 50-17-50. Minsimum' permissible size of fish bought or all persons actually engaged in ike taking of WIs in the waters .of soldi exceptiOn for bait, this state. 'Me Division of Commercial Fisheries May issue special It sall be unlawful fair any person to buy, sell or offer for sale, bmiswihutcargeto reofne scetists Candstudet Waterst- exceptuas bait. any fish of less size than the lengths hereinafter allyeni'gagcd in the study of thle inhabtnso h osa aeSo seiidto wit: this Stake. 12 inches Cogo.S 92 1)llt192(7 80 1956 (49) 1976; 1959 (51) M a c k e r e l .. ...................... CI T R .& 1 6 C o d 56 5 12 54 5 7;3 10 1 6 2 o e 5 1 94 2 C o e 314 7 2 9 3 2 rackety shad~~~ ...................12ice 419; 1072 (67) 2431I. Speckled trout ................... II inches Reseac .a" reaclier ltcfcrcncc& Bluefish .............. ........ 10 inches 35 i ..ju 28. Fis and Garns 1 45. Shceshcd ........................... 6 inches 36A CIS. Vash I556. Bleeack asso onydrm............. 12 inches AtTORNIEY GENERAL'S OPINIONS FReud e ............... ..I . . . 9 inches [Nto of Comec Fihlc for scientific purpose. Atty. Gels. OPs. Mullet......... . ........... 6 inches may crat pefunin for talking sCa Wurites March 29. 1963. Pollpanock..6...... . .......... inches �50-17-80- Protection of marine mnatnnals. SpotS.(I) It shall be....... unlawful for any person to net, trap. harpoon. Measurements shall be from the lip of the nose to the lip of Muolest or otherwise interfere with the well-being Or normal activItY the tail. of marine IlammAls of the orders Cetacea, Sirenssi and Pinnipedia, H~~~~~~~~~~~~~~~~~~~~~~iSTin 92Cd 2-6;15 oe 376 92Cd 30;11 cluding but not limited to bottle-nosed dolphin, spiotted dolphifl. C~ode1 6 1924 (13) JI)IS; 1941 (42) 8; 1959 (5I) 459. common~ dolphin. manatee. porpie abo elad n pCl Ciess rclareaces- -47-1820 ~ ~~~~~~~~(2) Any person violating the provisiotta of this section shall be Aiosn referenes- site,~I-I2 of wltal inbs any of th atr f hSae As to ninittisize of terrapitit see I 5(t-1 72520 deemed guilty of a isdnetirand upon c tiviction shall be Research sod Practice References- j~~~)"kHish'd Oyr fine of not "lore than one hundred dollars or 36tAnt Jur 2. u and Gamti e Ref 29. lns iprisoned for slt ore tinan tlsirty days. 36A CJS. Pilh 55 26.28. IIlSTOKV- 1962 Code 6 28-757.1; 1972 (67) 2816. mi hewaersofIlaufrtCousy. see j 504-l5320. � 50-17-60. Edible fish shall be used only for food or bait. A s a mltng4 h.%i eeW1CIofKUFICt It shall be unlawful to use any edible fish for any pltrpose Diller � 50-1'7-90. Erection of certain signs without authority unk- thtan for food or b.;it. aasda anly person knowingly usinkg such fishlaf. for fertilizer or knowingly selling Stich fish for any other purpose it slutll be unlawful for any person, without -authority from tile ~68 CoAsTAL FisimERILS LAWS 1- I 7- 1 2 0 isa GA&IE ANAD WATE V-C.AVF Comnunisbiomn fire& had amid obtained as provided by this cialiter. to darriviid guilty of a muisdemeaanoir and. upon Conviction, shall he set up, Crock, or use anly sign purporting to be the sign of leased fined #not inore than one hundred dollars or be- iraprisoined for not planting giournd cot of restricted at-ea as required of lessees of alore titan thirty days. bottomls or of the Conunission and any person so offending shall HISTORY; 396t Code f 23-3001; 1963 (53) 507. be guilty of a inisdemeianor and. upon conviction. shall he pu1s- ReIsac~h and Pedaied Itefereasces- ished as provided in � 50-17-130. 36A c~js. fish if 26. 28. 1IllSORV; 3542 Code I 23-758 1 952 Code I 2.158S1; 1942 Code 13360; 1932 Code 1 336041. 924 (33) 3016; 39152 (473 2694; 1958 (49) 1974; 39!ig (SI)�5 1-3. Penalties. Ally peirson violating any of the provisions of this chapter, exct lor those sections providing penalties, shall. upon convic- �50-17-100. Causing injury to Conninission's signs. boats, tin epunished by a fite of not less than 1wenty-five dollars nor or othear property. more than one hundred dollars or by imnpri'sonment for not less Any person arcancvittg. injuring. defacing or Is. any way daittimb- than ten days nor more than thirty days fair the first offense. For Ing ithe Signs. buoys or otlser appliances used by the Cotntt~ssioms the second offense tlte penalty shsall he not less than fifty dollars in matarlking restricted areas or hottonis or used by lessevs of nor inure than one hundred dollars or by imprisonment for not bottomsss it tarkaing sthe leased areas or wlso shall injure or destroy less than twenty days nor more than thirty days. For the third any bat orpropety ofany knd usd by he Colanision o anyoffense the penalty shall be a fine of not less than one hundred asplye bothoreo l proergity of amidnycAo aind punsed byteCmiso r ydollars nor more than five hundred dollars or ignprisoingltcnt for as proioyedttro alb gint of 50msdm17- 1 3 0 t pnihe not less than sixty days nor mocre than six months. provided, tha, aIs7iy % oe11-5;1t provde 2-914 Cde in 338 019-132 in determining the applicable sentence to be imposed under the ItOY 92Co de 1352 128-759 41; 1952 Code 1 8790 195 492 1C7d 193589 (193 provisions of this section. one offense for each year that elapses od 33;194393.OS 92(4)29115 49 96 99(I subsequent to any offense for which he has been convicted shall be eradicated and the offender shall be sentenced accordingly. � 5-711.CnmeclfihnbotShncoeae with HISTORY-- 3962 Code I 28-761; 1952 Cod" 1 2-761; 1942 Code 4 3407; 1932 50- 17-1 10. Commerc~al fishing boats shall cooperateCode 134011 1924 (33) 1016; 1952 (47) 2290; 1959 (51) 439; 1981 (S2) 505; law-enforcemnent officers. 1964 (53) 23817 3913 (53) 693. Any boat engaged in commercial fishing shall be required to Edtrs oe hcave to. allow boarding ant) cooperate in every reasonable way Section 6 of 1973 Act No 398 (1973 (58) 693). ..hici. act amnnjded it'l code with the 1-aw Eulaorcemnent Officers of the Wildlife: and Marisie section. Pwovides. 'A lie Va"Wisiuns of Ilis act Shan) noto affcC any Itfaviviof of Act Rcsources Depattnsent. Thte captain of any boat violating thils No. 970 of 1970 11976 Code it 5,0-17-1650 to S(N-17-17001.1' 5Cteciin shall be deemned guilty of a misdemeanor and upon cO~bivitions shtall be filted one thousand dollars or be imprisoned CntrnmA Wiet 3F(98 SEama NOTnE,22SC Su p 3I 197. ait1nrnird ii 334 US 475. 73 SE2d 716 (1952). late [i-01: 1962 Code 1 28-762; 1973 (58) 893. 385~.ti S5Yi11sO. 92 L Ed 146.0 Edjiorg's Notte- Seclan,,, 6 of 1973 Act No 398 (1973 (58) 693). whinti art added this Co-eARICLEt-ic- 3 %-cectmn. jprovudc,. "'Il lie provisions of thias act s11H #llot aMfeIt ally titovisioit of Act No 970 11976 Conte 1 50437-3650 to 50-17-17001." LICENSES AND T~txEs 50-17-120. Fishing Front boat near commercial fishing 50-37-330. Inkicosilloim and autoonas of Fuiseries tax. Pier in Atlantic Occan unlawful. ~~~~~~~~50-137-320. TaX of) exl.orged Seed oysicri. pier ins Ailsuitie Occais unlawful. ~~~~~~~~50-17-330 lacenses rcquired lo eiig~sge go certain fishing ind"FIneS: fres. It shall he "KILAWfill 14) fish front a boat writtin one1 haitalie(l fitly 50-37-340 Nu tax on caists intruded Fos individualti o~rfadny osmpo. ftcti of coistitoc a aid filotiisg pica s extetndiing iwto the Atlantic Oceani. 50-17-350. I-MII&Se 0on 110JI11ig eqoUistient for makiung MIACHtISSIN 1or 11.rket; fees - ~la p~soll V14i.l~itg [Ile prstvisionis of' thi% %ccitioi shatll Ile 5(i-17-360. License taxes on. fishingl Applilances. l89 190 E-69 COASTAL FISHERIES L~ws 15-7-3 As to substitution of leased area for another or condemnation of leased area SO 5117- 530 F usia. C.ASH MttA AIt t.H.A.-i; when necessary for certain walteray projects, see I3510 Resarch and Practice Referencees- st~g~st.5k 4,11 IM'..ssd afier- 1i.tt fig* bee ol t-itI figsll cc( filli'tues. like 55 Am Jur 2d, Fish and Game l5. 15. lhtsion of Collsusnt-,cal Fjslststes uttaly lCVvik till. h(las cs 36A cJS. Fish SI110. 12. Ill' tUOiY. 1962 C--dr 128.91.2i 195951(9) 439; 1961 (52)f622. CASE NO1TES - Cited in Toomer v Toorner. 244 SC Awrns.E 5 ~~~~~~~~399, 137 SE-2d 406 (1964). L-AskEs OF S11F..LVS11s llus'roas AlToRNEY G-ENERAL'S OPINIONS 541-I1-111 Aus~ms:.su~aso last- t~aaeowisd or o~utclledApplication for lease.-Te South conevtion officer is a person who !91--71 Aw-ax~e~i a.leas Stte iwevd o A tutaledtwuns-Catrolina Wildlife and Marine Re- makes a -substantial portion of his 50-17-7:tihdrrwe on,- Ic.. o owuscia ofadj..cent laghlu-nsa. sawjres Department has the power to livelihod frm comms~eril fishiung is 541-17 -730 Apll"Aksso I-)* k-ascs, ouieys. ptlass. tcsie...s. atn~oso of seull. lease bottoms and beds for ovster culti- afahciuag deternmiation to be made by 515-17-141. Noasse ~ sI,.sllbe jtttblltcsl vatin and devlopmenL A applies-the Director of the Commnercial Fisher- 54-W17-740. Nalca oss Apphiatoustil be~ leoim.b~ltehct- ,spea ign fand the e0lease Ans belia iles Division, South Carolina Wildlife 515-I1-750~ fiAluag40 betos1PIsdi;wclscs PWIto o h emstb isle aendl and Marine Resources Commnission. 501 .71-An uscal ofist-al. w~se( advertised with a description of the 1968-69 Ops. Atl'y Gen.. No 2619. p 54-17- 72 7111.ycu flua;flrlr o tip nm property affected. coupled with a no- 5 ,.0 I -7i110 lke. o AatIn. exttrattoe. avid , aliH~tttot of leases Ik or the day the Deparen Awill An employee of the Wildlife and 55- 17-1481 M.tsittg of t.., or seed oysters by lessees. sepIAsnting after hsarsest- pass on objections to the granting of Naie Resources Department is not the lease. 1969-70 Ops. Atey Gen.. No prue rm hligan ytoe res (;.1-alo Atbelll Wel l UYC3,f epl~Anslimg by lss' % 9 p24 firom the Departmntcn 1968-69 Ops. 5017-11110 lt.sitt of leAIC foe failute toi Cultivaste. Factual determination.-Wqsetlser a AttY Gen.. NO 2619. p 15. 5u-1-7-I42it I .ua gIltcave.. �50-17-710. Authorizatioss to lease State owned or cots- � 50--17-720. Prefference an lease" to owners Of adjacent uirolled bofcttom. hig h ln s tr hl The Souith Carolina Wildlife and M.arine Resources Commnission. Any person owning highlands abutting upon tidewatr hl 41golsutuli ie D~ivision of Marine Rfesourices, may lease to any State have preference in leasing two acres of bottoms adjacent to such res~~~~~~~~~~~~~~~~~idtpotosftlebtoso edr orldbthStt, hghlands for the planting and propagation of oysters within the reidur th portions of sIke llaosns ss wued for coniteroilldb thpoes St,~ FisiitS prescribed by this chapter. if he makes application therefor foredti anS aggro e at of onelis cutur orsn acrnles to an purpotses Riot prior to the grant of a lease to other persons, but not otherwise. tes sdt ian aggregatd ofiv onears.Tand acres tco anyec persones HISor 1 RY.- 1962 Code � 12812, 1952 Code � 2834112; 1942 Code � 3342, 1932 sha~ll nicsAs any State resident licensed to do business its this StateCde134;94(5)06;96(9)97;99(1)3. asisi who snakcs Isis livelihood or a substantial portion of his Resarch and Practiec References- livelihood fronts thle conattercial fisheries itsdtstries. To all other 36A CIS, Fish � 12. Sidlse residelsas who lease lands for ally other shlclfishi culture Poil poses tsass for coslnuercial "SC, like conssnkssssos Ilsay lease as � 50-17-730. Application for leases; surveys; plants renew- sssassy as two .ucres. hilt no ilnore, at thle ycasly rental provided inl als; amount of rent. � 50-17-760. l',nixtkcd. tha~t no lessee shall stableast: without mtsc Any person desiring to lease any bottom, as provided in �� 50- %writtcti 1uerstissiot of tlse Wtldhit and Msamise Re-sousct:S Depart- 17-710 and 50-17-720, shall apply to the Division of Marine ussr-ti. Atty Susch lease shall be sessewed at mtie option of [fie lessee Resources upon such forms as may be prescribed by the Commis- fles ast additional tertss of five years at tihe yeas ly rental provided in sion. 'Me sum of ten dollars shall accompany each application and � 50- i7-760. shall be retained by the Division. Such application shall include HIlSTORY; 1962 Code J 28-81 1; 1952 Code i 28-81 1; 1942 Code J 3332; 1932 the location and boundaries of the area desired to be leased. If the Co~d. � 1332; 1924 (53) 1016i 1936 (39) 1644; 1952 (47) 2890; 1956 (49) area is subject to lease, the Division shall determine the a-crage 1926; 1959 (53) 439; 1971 (57) 851; 1972 (57) 2153, 21431. capable of producing shellfish. The applicant then shall have the 205 As A.. IrAsillig aysser- isItalsisn ils tile area dis saf ooltgreccs G...dellb estlblisblle as A gtilnc 55s~ntsinay. see I 50-I 1-211110. 2014 E3-70 ~~ 50-37-730 hait, (.AI'ss. A~~~~~~tI W~~rk~~tt~ti~~t'T COASTAL FISISERILS LAWS S 50-7-750 aic~ stueyedanda plt ilemef mae shwin ris acrage� 50-17-750. Hearing on objections to leasing; preferences; tiibeof producing slstelllisis and filed iii triplicate with the appeal. hat isitini No otlier lease for thfe gailsering of oysters within the Should any person appear in person or by attorney or by filing perioieter boundaries of such area leased shall be made during the objections in writing an or- before such date and object to the ter-n (itf such lease. If any additional area suitable for tile cultiva- lea-sing of the whole or any port-ion of the bottoms applied for limit of oysters shall be loutid within the perinieter boundaries o f upon any lawful or sufficient ground. then the Commission may thfe area leased then upon thle reniewal of' such lease or 21 the time proceed to a bearing thereof as in a case at law under the regular of applicition for a nkew lease tihe original lessee shall have first rules of evidence. Should an application he made by a person who opportunity to lease such area capable of producing oysters. T1he was the holder of the lease on such bottoms for the term inimedi- plAt many be based an a survey or may be based on alt aerial ately preceding tilte term for which application is made, preference photograph compilation or compeition from maps, plats or charts shall be given to that applicant. The decision of tihe Comimission of tile U.S. Army Engineers or U.S. Coast and Geodetic Survey. shail be subject to appeal as from a magistrate's court in the 'Die rental shall he based upon an agreed number of acres capableco nyweintebtmsa iui. of producing oysters within thle boundaries of tihe entire leasecunyweintebtmsaeiut. area. HIISTORY. 1962 Code J218515 Code 5 26-8,5;- 1842 Code J 33381; 1932 IItSTolty; 1382 Code 1 28-13; 1952 Cude I 281833 1942 Code 5 5337; 1924 t970; 338 15924 (3 dk 1(53)9 64; 9 439;20 198356 589. (33) 1016; MS3 (59) 3844; 3950 (46) 2379i 3952 (47) 2890; 1956 (49) 1976; 96132()49;9315 30 1399 (5)) 439i 3969 (56) 904; 3972 (57) 2353. Research and ft-cile References-- Reskearch anid Practice References-- 36A CJS. Fish 1 12. 315A CJS, Fist 5 12 ATTORNEY GENERAL'S OPINIONS CS OE The' ntlentions of the Gencral Assem- appeal. Tonalr v Toomer, 244 SC lats for Oyster beds must be drawn bly was to confer upon the board of 399 137 SE2d 406 (3964). by rcgistered sur-veyors 1967--68 Ops Fifilickes (nowe die South Caroliss Vensue of appeal.-Whtere the deci- Att'y Gen.. No 2590. II 304. Wildlife Resources Commission) the sawsc of the South Carolina Wildlife limisted power of hearing and deter- tRsouircers Commission was rendered "tinitig objections dalrisn under these its Columbia. the appeal iherefroto � 50-17-740. Notice of application shall be published. secatiots with reference to their Co- swould have been to the county court Upon the filing with it of the application the occetnen. tile quesuonl of its juraidic. of Rtichland County. Toonter Uponlik fiingwit itof ileappicaionapproved by t h nlon based on totle to the bottouls Af- Tounier. 244 SC 399. 137 SF2d 406 Dittctor of thke Divistots of Cominiercial Fisheries and the plat of fectied is a legatI aim to be dctertsiisoed (1904) d~ecided prior- la the 1963 thke territory so approved, the Commission shall cause to be by the courts andi not by the Boasil. amendment to this section fCode 3962 published itt a newspaper in which legal advertisements by the 101IC3 V State board Of Fislteries. 161 * 28-8151. sheriff atec published in thle county wherein the territory applied S C "g, 15 SE 6.1(9 Cutonissiun's decision is comparable foris ot:Atd, noicetoall personks of the applicationi for such Section contitaitt only Prov's"ts Co" to judgment of tsagistrate's court.- for is located, a notice to ~~~~~~~~~~~appeal from 4I-nonmiisiott -se Otity Ileeis no doubt that this settiong bottoms for pl~inting atid propagation of oysters, giving lske name provision for ati appeAl from the deck. (Code 1962 1 2843151 provides for the of thle apiplicant. a sufficient description of tihe bottotts applied for IIoIs Of the So.Ith CAr-olina Wildlife right of appeal from she decision of sIle t aletheti to be located and tile day ott which [lie Corussnis- Resources Corkn"tns"Ol ts "la' can' South Carolina Wildlife Itesources sinwl asuo betosto fiegakn fs eable. Sucamsed in Ibis section ICude 1962 1 28. Commission "as from a isagistrate's stost wil pass upo objectios to the i anting f such lese. Such Tootnicr v Townter. 244 SC 309. cour."- Therefore, for the purposes of advertiienient shall be published once a week for three weeks 1 37 SE2d 406 (1964). appeal, the decision of file Commission titsttdtittely preceding such date. -me Etl II of appeal1 is A Smatter of must be considered as being comnpara. IISIMORY: 3962 Code 1 28-H 14; 1952 Codle 5 28-814; 1942 Code I53338; 1932 grace A11J is a", atsk inlieteti of vested ble to a judgmettt rendered by a etag. Code 13338; 1924 (33) 1016; 1936 (39) 1644; 1952 (47) 2890; 1956 (49) origit AndI the tuiles of court and stat. istrate's couort. Tonnier v rosmer. 244 1976; 1959 (531) 439. site'tst ""ibe 10tllosed ilk Perfestitg .tn SC 599. 337 SE2d 40(1 (396). Itesesrch akind Practice Referenices- 206 207 E- 71 COAbTAL 1`5ILKIFSs LAWS 53-78t 50-17-768 FIS11, GA1t. AND WAR1.14CHAFTunder supervision of file Division of Commercial Fisher~ies, Which1 � 50-17-760. Annual rental. may require five per cent of tile total qu(Ita of shells2 of tile FAhlessee shall pay for a 1ie~se under �1 50-17-710 or 50-17- canneries and raw shuck houses to hec planted onl State oyster 720 one dollar and fifty cents per acre per year. bottoms not under lease but within a twenty-mile radius of the HAISTORT: 3942 Code j 28-617; 1392 Code 523MM37, 942 Code 5 3340; 193 cannery or raw shuck house. Each lease or portion of a lease fromt Code 53348; 1924 (33) 30*6;i 1936 (39) 1644; 1956 (49) 3975; 1959 (51) which oysters are harvested must be replanted during the follow- 439. img planting season. Leases or portions of leases may he set aside CASIE NOT"S for purposes Of growth. culliVAtiOnl and propagation for a period ('ucod in Tooomcr v Tooiner, 244 SC Of two years Without replAntinig. but nothing in this section shIAll 399. 137 SE2d 406 (3964). be construed to diminish thle quantity of shtell or- seed to lie planted each year. For the purpose of shell planting. a South SO- 7-70. Pymen of enta; fofeitre fr nopaymnt.Carolina oyster bushel shall be thle same as defined in � 50- 17- � 50-7-77. Payent f retal; orfeturefor nnpayent.1290 and is four thousand seventy-one and one-half cubic inches. I-le annual rental for oyster leases shall be prorated from thle One cubic yard of shell for planting shall he constidered as ele .- :f first of [lie month following the execution of such lease to January and one-half South Carolina bushels. Any person violating an), first next. Tliereafter, all annual rents shall be payable yearly in provision of this section shall, upon conviction. he punished as advance. On January first the Director of the Division of Cominner - provided in � 50-17-130. cial Fisheries shall render a bill to the lessee showing the amount HISTORY. 1962 Code 5 28-822; 1952 Code I 26-345. 1942 Code 5 3356; 1932 owed, If the rent is not paid by February first, lile Division will Code 5 33SG; 1924 (353 1016; H952 447) 2890, 1956 (49) 1976; 1959 (53) send a final notice advising the lessee that if the lessee fails to pay 439; 3953 (523 "a0. thle rental before March first, thle Commission will declare the Research sod Practice References-- lease for feited for noncompliance. 36A CJS. Fish 5312. HISTORY; 3962 Code I 28-5838 1952 Code I 28-8318; 3941 Co-de j13546; 1931 Code 33546. 1924 (33) 1016; 3952 (47) 2890; 1956 (49) 1976; 195 (51) �50-17-800. Gathering seed oysters for replanting by les- 439. sees. -Lessees of bottoms are permitted to gather seed oysters for � 50-17-780. Recordation, expiration, and caiscellation of replansting on their own leased lands from the public beds of the leases. State which may be designated from tine to time by thle Director All oyster leabes, upon execution. to be effective, shall witlsin Of thle Division Of Commercial Fisheries for thle purpose, provided thitty days be recorded in the office Of thie Clerk Of court OF the lessee advises the Director ten days before moving such seed. register' Of ITIsFne COnveyances Of the Coutity Where any Such HISTORY. 1962 Code 1 28-823; 1952 Code 523.823; 1942 Code 13344; 1932 leased bottoms are located. Likewise, when any lease has expired Code 53344; 1924 (33) *016; 1951 (47) 2890; 3959 (5I) 439. or beeti camicelled, it shall be cancelled of record in tme Offie Crs where it has been recorded. As to wuhi~auion of seed o) store fur ansrket, see I15O-37-1200. HISTORY:- 3962 Code I28-8319; 1952 Code 5528-819, 28-827; 1942 Code Research smoj'*'actice Reference.- 5( 33418, 3349; 1932 Code 55 3348. 3349; 1924 (33) 3036; 1966 (49) 1976; 36A CIS. Fish 5*12. 1959 (53) 439. �~~~~~~~~~~~~~~~~~~ 501770Plnigoshlorse trbylses 5-17-B 10. Revocationof lease for failuiretiocultivate. �r0-779. Planting aftselor seedstng oystr ylses One year after the date of the lease, and each year thereafter replanting after harvesting, ~~~during the life of thle lease. if the lessee has not effectively Each lessee shall plant sixty-five bushels of &hllci or seed oysters cultivated thle area of the lease and oysters are tiot being ma. keted for every acre Otlnetr lease. All shell shall he pilanted betweeti May frons leased area, thle commission may, after notice. revoke the first aid August fifteenith, except that raw shuck houses may ltease. replant green shell front current operations if Stich shell is re- 1IMFSOtY, 3962 Code � 28-824; 1956 (49k 39763 1959 (53) 439; 19711 57) 526. planted withits three days after gathering. All shell planting may be 209 208 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~C( COASTAL. FISigEboRIkSw lA 50A-7-126l) ~~ISII, GAMI. AMA %V~~ ~ ~ ~ ~ ~A1*CMV ATORNEY GENERAI.S OPINIONS tt lemIak 1,1-; c RtiiCC I )i- 011mci ITIA) all.in pierflo lot mC- .11cilier h4A.. sitng is or is niol clone cmn MIA tjh, I 10, j ~~~~~~~~~~~~~~~~~12111.1at Of aai)-1 SI l ciii fclaiifiii Anty. StAte, k~mscd litcnms li 9-4--fs Ol', .hl~,:scAttW.G(,r Opl Slay 21191. All'y Ge.e N., 1445. pt 101 � 50-17-820. Transfer of leas-es. WhiCS At tcIported ~li Vstp.cssr of oysters dumsiog Nc, leases shill ble itralsferI ed without "le apj'i'oval of "l sa,-os An sol 194-6 Ops ,lo,d5 ii C.iol salust prose -Poissessor chaed e~~t~i lit stli I'I--650~ or oysiers dorind closed season In"ld (tum.1ttssnt wndits thei coal to be Cicfcu"n 0 an toI ast as relase Aily (act. N.. 1845. p 161 piiove that they were inipurted or' I'Ar- ta ieof agis e..see from thfe ICA-likS of thle lease. Itui ote Cannol hi hha"C34co A VCt c lested open scasoim. 1964-65 Op. Ills I'okY. 19ta2 Code i 28-526; 1952 Cod 4 28-026; 19412 Ci.de � 3345; 1932 dosed season. Ccelare by Pelsnn. Aity Gel)., No 19145. p WI1. Code �5345, 1924 (33) lat116; 1936 (39) 1644; 1952 (47) 2990, 1956 (49) 1976; 1959 (5I) 419. � 50-17-1250. Bottoms owned by state deemed olyster Ites,-rcli and Pr.meoce eeemcs beds; permissible leases; effect of grant, lease, or convey- 36A C~JS. fish 1 12. ance. For tile puzrpose of this chapter all of thle bottorms owned by thke A it IICi:L 7 State below high waecriark shall be deemed and considered as RINI of Njas, SKINLS ANtS LiKE DLvicrs oyster beds, and thle South Carolina Wildlife and Marine Re- sources Comomission otay lease all of ptar thereof for shellfish Sri. ~~~~~~~~~~~~~~~~~~~cultivatiots. toaricuuhusre or as it may detertnine. and no granti, lease 54-17-1010 tile .4 puise scanes$ Wa1-12)llrt sIle of cirsel; nmesh sue &aid .sidath of dlmaii~tnetS pc t $ f or o-Conveyance hereaffler made, except it be a special grant by the sloim 'i". loctises for carit Itsi fiitfish Geitctal Abscousbly, shall be effcctivc to convey any private owner- 5t5-17-103t5II Estsoti tifi. selmse or snilitlas dcV14:c &ross I.ore tbii onc IiAlf ship or control of any fishing of fisheries therein. St-l-l Utlsh.,.g Willis affiri gicts Or .ines so Ccrialli WAIelt S ;acc ICn 7 HItSTORt't' 1962 Coade 1 28-791; 1952 Code 1 28-791i 1942 Code j 3329; 1932 Code 43329. 1924 (33) 1016; (936 fig) 1644; 1952 (47) 2890; 1956 (49) ,iiilaolsil ~~~~~~~~~~~~~~~~1976; 1959 (51) 439; 1972 (57) 2154. 243 1. 50-17-(550 hsianr Itesseenstato'say of fixed fleas ,Isfs5tes~. 5AI- 17- la 10.1 tlauended poond OIc gill tie 31iands shall be MaiLed Closs referecew-- 50-17-ko0() rownakts. .oifisatt,1111I Of Psoperty -o~d CaARI.I As to sIIIbStHI~onoi of leased 2Fea for another or condemnisations or leased Are, when1 iseCss2Aiy for ECetIain WAIerssy Projects. ecC I 3-5-400. � 50-17-10 10. Use of purse seines. Rescamix and Practice References- 35 AisnJiir 26. Fish And Gamaic 111-. It shasll lie utslaNcftd for ally pet soit to catch any food fist' Iln ally 36A CS Visit 1 12. puracseSigle itl any of tlse wsaters of thle State, CyCepI ill [lie oceanl 12 Anst Joe Pt k Pr Formis (Rev CAI). PhIst amid Game. Form 7 (colaplailli, [foice liinidred yasrds or nkiot be~ond the beach. peiitioii. or dslatati~ot to canjoin depletions uffipublic oyster rccf by dredgi.g) 9 Asti Jur LegAl Faiins 2d. Fisht amid Gallce. I I 1.11 ICs seg. (leases) jIISIOR,t) 1962 Code 428-92 1; 1952 Code 1 21-92 A; 1942 Code i 3-IttI; 1932 6 A, fair t egil F-onns 2d. Fish. and Gonme.I 11H1.4 Iet seg. (conveyances) "it. � 3401; 1924 (33) 1016, 1959 (5I) 439 8 Asia ]F Legal F.orms 2d. Fslt amid Cause. 11118.61 et seql. (,iNistc lacicnss) .t...am.li amid I'sa.Aic. ltefereiicea- 35 All. lot 2.1. VIAd ond (;aile 6 47 � 50-17-r260. Designation, marking, and maintenatnce of 3bA tCjS, limit I 30 opeti areas wherein residents may gather oysters for per. � hgue 50-7-120 forshrip licenofseistfs; titeshsizan d fili dth. o The Divisio~n of Comumercial Fisheries shall maintain and keep 1 ltani sel ise tllifrh rip;liene for alypiSl 0CAtChtg ftisth il l alOpen asreas not to extceed fifty acres in atty one coutiny where hona It sallbe tamlwlil fo aty 1ersoi t cath. ishiii he altfide resideatis of this State muay gatier. for personal use, not tiore %waters. ofl thik Siadle wtlls a scimie ljaviltg a atesli size oif less Ilia') [hatt two btishels (if oyster-! ilk any otte clay for tiot mtore than two two And otte-hl~lf imichles. Palilii ted. ihostri ci. lt,.i faim li mittp11 or days ill omit week. Suach am eas shall he designated uliOl tihe [)itsewn a seinle Itavimig a mfesh stie of stot less than tote-half intch approvjl ohl a lltajtoity of tles cootity legislattive delegation. incitit- msyloti twilie (squkale xatesh) or tin-isteb lt mtlil flt(ttit cotd ii tilte Seiattir IThe (oeis at ets Shatll lie located prefetrubly at or (sitlai mesJ). and a length of intO Allre thtan ortrey feet, ralty be 21021 E- 73 ~ ~tt- 17120(1 J%11, (ANtt& ANt) WAll MI VtAVI 111 I it i~k 11 Tough ho l imit I it. 5timtill Iflay C t-nI ly Itiogims: fivIll-III .1s %tot II. II 1 u117 ltsu COI1%III Shall1 be IsjmNIA15111ihll llox th i iki iu luu cillt tilt %igw Askj)k5 A l~ tivsoji violil-linki tie pro~vtsion% of~ thib we ion sha.11t, tlpiue t olev tilne, be p ctlisilrd .kS provided in j 0I710 III~WI'(JV; 396I2 Code j 28-792; 1956 (49) 1976; 1959 (SI) 439. Re ldn~ rni .atvk. Rcfncatt.Cs- V2 Ain J.. I'l & PI Ettiti (rev ed). VIsit &isd (GAspic. I tim 7 (t tal.semi.kl prirkl ..... tCt~ (..Ilo l'it ettjtbl 'Ildejttmtnu pit jitbt U) SICT aree by thu. .Igeg~) ArrORNLY G;ENEI:IAL'S OPINIONS lif d- I, ramn~l~at Antd ft.msotl 4.1 1969-70 Ojs- Aii't Gen., N. 21X5. p t iethbat mactaob 1w b.tged in tle 279 sp- nc oft 1.11 file) were tertscd � 50-17-1270. Gathering oysters for private use in certain areas Of lJorry County. The lmvsin of 1 50-17-1210 restricting the gathecring of oysterb liomnielsds owned by the StAte for private use by the head of ally hotsehold or bly less servant or employee: shall not be aspplicable to licaa. of the Cherry Grove Breach Developnicnt Companty aned tite East Chierry Grove Realty Company in Horry Coont) a!, deltoed in 1933 Art No. 615 (1933 (38) 1 168) and 1953 Act No. 476 (1953 (48) 1003). tIISIOILY: 13962 Cofic j 28-794i 1958 (50) 1963; 1959 (SI) 439. AtTORNEV GUNIERAL'S OPINIONS thar I-ais t:Iteit Gmtve Airt is ters- M41a-70Op.gi. Ally Gcii. No .1"'ed II) ma'l.tkt., Ittits ,tla tef It 3025. Is 313 � 50-17-1281). Cultivation of seed oysters for market. Stetd oy'SICI 11ay be caihis .11d lor Irkal-k(:t uleter [lit foliloWilig uonditionts: (I) DI ~istsnil Ill C.oliklletiia lh Fisheries shall require any person cultivating sticd ostica s r nearkct to piocure I fictisc at an (2) No seed oysters cultivated for market shall be produiced or cultivated ol unipolluted lends now leased for the cultivation of marlgketable oevstelb; (3) Seed et~ ters shipped elitst flot exceed oaw and one-half tactics iii Ililgill i fitti hinge to bill, and all seed oysters for shime elllelktl iit lie gaileikefel atnd Shtipped tender file Supervision of like DIkVIStlll; Puo..s. R:Km~timON�2 It~t~itSNI DLII. ~ 51-100 ~ 53-360 IAMIO .(:Kt.A;I0I3N ANI) 0111415IM � 51-1-30. Dlivisiomal Of Department; administrators. (a) To promilote. lubmln izc amid advertise tile State's Imouist I fit Depat tminemm shall be composed Of file Divisioni of Tr ~avel attrion;b eera lhalhan elaeoftilelell!O .mmmd loulisillui niwh shall adiertise, promote amidr eci mrage travel lb) To promomtethgmerlhltanwlfro'depolef an tourlist imidmisry for [lie State and the Divisiont of Parks amid the State by developing anid expanditig new and existing recrea- Rctremmioll which shall develop and promlote Stake par-ks and liunal areas. including the extsting Stake Park System; pm mwidt: ir-cciatkumial programs inl such areas. Fach Dimvision shall (c) To develop a coordinated plan utilizing to best advantage lie IteAdcd by all atinkiimistriator who shall be knowledgeable. etither like Ilatural facilities and resources of the State as a tourist atirac- by %$imttisg or extpcliicoce.an, tile requirementti of (lie Dmvtsion lIke is tion, recognizing that tihe State has within its boundaries mourn- it) dimcct. tainous areas avid coastal plains, each of unsurpassed beauty, tJJSrfikY. 1962 Code � 5 J.7t3; 967 155) 184. writeh with thle easy accessibility now existing and being provided. has thke potential Of aur1actimig nitany Visitors in all seasons to take �51-1-40. Admission charges, advantage of thle natural scenery, the outdoor sports. including bunting, fishing and swimming, together with other recreational I Ike Conatinissioti may takeai a reasonable charge for admission activities such as golfing. boatimig and sightseeing; it) paik and recmecational fat-ilities. wliich funds will he used for id) The Commission's plan shlall also iniclude the preservation 11.tt1 ul tccira~tiottal operations. and perpetuation of our State's rich historical heritage by acqusir- ills 170AVY: t962 Cod i 51-74; 1961 (53) 184. ing and owning, recognizing. niarking And publicizing areas, siteS. buildings and tither landmnarks and items of national and State- �5 1-1-50. Personnel of information centers. wide historical interest and significance to tile history of our State. Notwithmstanimdng any other provision of law to the contrary, No area.-sitc. building, or other landmark shall be acquired for %profaationLeites shal be tarte b y p r s o n shiredand pid byits historical significance without the approval of tile Commission thle lDepartnimim of Ilarks. Recreatkon amind Tourism. o r hvsadHsoy JtJS'J'0RV: 3962 Codc J 51-75; 396 (551 384. (e) The Commission shall use all available services of the several agencies in tlte management of timber and game and such agen- cies whmem requested by the Commission shall render such cooper- � 51-1-60. Powers and duties of Commission. ation atid assistance as may be necessary; proik-ided, that tile State Th~e Commtttissionm shall have [ite power lo Contract, be contracted Forestry c~ommnlissifln shall continue tile forestry program autlmo- -with,. to wsue a comssinots scat .amd itnake avid adopt rules amid rized tinder tihe provisions of j 48-23-270. regula~tionis wlmich .when ditty pruomulgated shall have the full force 44) Lease or convey portions of lands under its jtmrisdiction to ot law. Prim idrd that mio rmsle Or regulation shall he promtulgated lunficipalities and other political subdivisions charged with the allecling Imimninmmg amid lialnmmg. The Commisnsimoni shall have tile responsibility of providing parks and recreation facilities; prot'ded, autalioity to accept gifts amid to acquire by gift. purchiase or that all such leases shall contain a clause to the effect that if such ollcu wkse I-cal estate amid otherl property, but no real estate shmall property~cakses to be used as a recreation or park facility the lease be ptsmlmchased or disposed of by tile Conimitislsiolm exciept onm ap- shall be voiid amid fini the evemit of A conveyance the deed shall proiivl of (ime State Budget amid Commtrol Board. The CCUInmmiissiOmi coastain a clause providing that if such property ceases to be used shall keep accurate records slmowimig in full thle receripts amid as a recreatioms or park facility the title to such property shall disbuirsemmiemits amd] like records shall be open at ally reasontable rcv~rt to file Commtission. All plaits for the development of such timre to tmspec tiomi by like pulblic. T[he Comummissiomn shall suhmimt lands shall be subject to the approval of thle Commission and it aminimully to tIme Gemieral Asseombly Amid tile Budget amid Conitrol shall metain tihe right to inspect such lands at such times as it timamid sudi re3)mists as tIme Build nmaey reluire. deems niecessary to determine if such lands are being used for 'lImIe Counmmmmm.',omm slmall have thle followinig duties amid respullms ihmil- parks amid recteaticon. mmmci; imi .mdlmtmmmmtion Hinli other ftmmctiomms as mmay. fromi tline it) timmme. (g) To borrow fromm tinie to tirne fromn any source available such ble .tvsigmmmm by lugislative: attiom ilor by thle State Ilumiget amid sumis of mooney as thme Comntission at its discretion deemns advisa- C:omtmilo Itmimml: b33lie at interest rates approved by thle Budget and Control Board 333 ~~~~~334 E-7S lotl lit: pqut l)Obt oh aqustibiin. 9:ois5Silu476on, deveplopment aisd UIS rORY:; 1962 Codek 1 SI-76, 196i7 455? 1114; 19ti9 VW6 228. i~iitcs~iu eof futhl jJauns .Stid facilitie aS lith: (X'tn1ntsiS~Ol is lrarc md Practice Refri-gcucca- viioc-d to opem ate anitu ibsse evuldaen of such indelstediness I Anijur 2d. Ad...insutlinr 14w 1 69J-H- diio' tithe forn i of notes or bonds as isay hle determnined by 59 Am joil 2t1. PVi4i. Siquacs. Atul Pl.I;Yroo.. It 12, 14-15, thle Colitiunsbaina. The Collssnisslot mlay seinle ally sfnail borrowed 73 CJS. PishaI: Adsnusiminaos likduic sld i'ininrdult II 48-77. teider [tic ternis here-of hI' mtortgage of' ally pi operty or- facilities I Asia Jur P1 & Pr Faints (Me% rd), Adtnnu.sirau'e laW. Form St (penmain Ur owiied by it ande it usay pledige any and all inconie Irons any of it ,~~,o it eustia utiaigalimr)teeecae. plorpert met or facilities. Thbe State is in Ila insinner liable for ally ALM and L Fd Amusunnions- debiit joiruri d under thet tertis hereof but all such obligations shall Puoer of pas L ..i unt-isoin t dis,&d) regulate or prohibit aboitterc's access to hle fsct by the Collianissionl out of Moneys coming into its hands mirCet or hihy 73 AI.R2d 67 1. irijin -~~~~'- and facilities * Co~~~~~~r-skuMan~u of I.igh'iay dumaulth pdrk as vi"tattor of use to sihich park fot fie pi r'c'fzy an .ciit .ss pledged, property nmA) tic dsl,-eed. 60t Al-k3d Sill. (Ii) iTo enter into conttracts with tile United States Covernmsent, its iarktous departmniits and agencies fair the purpolse of obtaining AITORNEY GENERAL'S OPINIONS flinds, propet ty or anly other purpose which will assist the Coiss- 11criod lto wiuud, Dcpartiolemi isAy like United Stales Governmient for a lilstasoir ins carrying out [tic provisions foir which it has been enter into toinrarms soil. ttunied States losiger periodi than the term of rillice of i ated, Gasernunlell - thc Sutith CA1018iA De- the rltisoer.1971-72 Opi Att'y (k) 'I 0 ~Oalloct funids idiade available to thke C01liSinu nsaf. other T.Urim ncimy of u lamkin Rericatili wn Cith o304 7 thanh fuinds specifically allocated to it by legislative Appropriation oir bond .sumlorizatiuts. for developmenet and improvemetit of park � 5 1-1-70. Transfer of funds to Conmmission. ptoperties in the State sysetin anid historic sites approved by tile All funds allocated to fihe various State departments for parks, South Catomlitia Parks, Recreationk and Tomarisni Commission and tourism or recreation shall be transferred by thle State Budget and thle South. Carolina Atchiives and history Cotmmsission. Cotitrol Board ito thle State Parks, Recreation and Tourism Coin- Ilie Cotitunihsion shtal[ study amid ascertait ithe State's presetit "lissitn. paiL, parkway amid outdoor recreatiomial resources aiid facilities, 11151 0KY; 1961 Cod JSt-77j 1967 (55) 134. dile steed loin skuli resources and facilities, andl IN; extelsi to which these needs% ale now being niet. A survey shall be included to � 51-1-80. Departmient may cooperate anid eutter into cer- detittianin thle laudia suitabl and desbirable to he acquired as a part tailn contracts with political subdivisions of State. of thle State p~u k and oetudooi t ecreational systemn, due considera- tlitil being giveti to thie slcenic, recreatiouial. archaeological, atilt The Dep1arttillcol of Parks, Recreation and Tourisnm is authorized oilier special features acttraltive to out-of-state visitors and it) tilt to cooperate atid etiter into certain contracts with political subdiu'i- people ot tile State. Thse results of this sulrvey atid stindy shtshld he sions of thil i State. t eported to thke (Covet twin atid the Genieral Assemnbly at tIke earliest I11[SI0kv: 1962 Code 1 51-78i 1967 (55) 1020. practimable filic. Cross Trcycimcnee- All p0WCI and duties heretofore pCthoitueCd by tihe State For- As to &.ounirs. s-c 'I it le 4 ety (min tiihoi Diwsbu of Parks, thle Soittl Carolina As to pitisionilpj)iJi to.p~~l purpoeaisicis ai ihre titlitic. Wildlife Kes0ittee Collin113tibSlOli in its D~ivisioni of Ottdoor Rec rca- c ~ Id~s~a.Sc I til li iionl alnd the Stale Ievelopuietit Board its its Travel andi Ihioritia- itot Division. alid skah o:ther areas of responssibsility that mlay be � 51-1-90. 'Transfer of functions Frank South Carolina Rec- assigitedl fly thke State l~idrget arid Control 110.11rd, sall11 devolvV reation Commnission to recreation division within Depart- tapiat alnl ,IIl- plivii uned by the Depairtnment of Parks. Ret meatitil metitl. .itid Tlmsiit il. IThe ultates of thlese: departilleits Alf like Stake gov- All powers, dtmiies, assets. liabilities. anti properties of the South ertittietit Iklci li ttanbictired lo tile Deparfutiter(if Plk..zk. 11Rviea- Carolina Reci cation, Comminissioti. as created toy Act IOV~ of 1966. tutu etigllot 'intim ili.kill lie tolisidkead as icude Ililt iiihte lust all: hereby ttanisferred to tihe State Depas tinent of Pails. Recrea- ht1iitrAL-14) dw. lir C. mlitic filte tiertly createdl lWpalit tenttlilon anid Touriatuix.10 Ie incl poiated insto tihe Departluent as a 335 ~~~~336 *~~~~~~~~~~ 6 � 51-5-20 I'Ats, RECIEA1 tION ANU rTOURISM low damis, diversion works and other minor strnctures at the time auy river is proposcd for inclusion in tihe State scenic rivers system shall not automatically bar its consideration for such inclusion; CHAPTER 5 prosidfdl, ho't-r-er, that this shall not be construed to authorize, intend or encourage future construction of such structures within Scerniic Rivers components of the State scenic rivers system. SEC. (3) "Road" means highway or any hard-surface road. 51-5--10. Short tide. 51-5-20. Definitions. (4) "Perpetual rasementr" means a perpetual right in land of less 51-5-30. Legislative declaration of purpose. than fee simple which (a) obligates the grantor and his heirs and 51-5-40. Types of rivers eligible. assigns to certain restrictions constituted to maintain and enhance 51-5-50. Criteria for eliglbilty: proposals for adding nsvers or segments thereof tile scenic quallies of those lands bordering the river as deter- 51-5-60. Designation of nmers by Water Resources Commission. mined by the Slate under this chapter; (b) is restricted to the area 31-5-0. Donauons of land adjacent to rler. 51-5-80. Exernse ofemlnnt domain prohibited. defined in the easement deed; and (c) grants a privilege to those 51-5-90. Title shall revert when donated land no longer used. charged with the administration or enforcement of the provisions 51-5-100. Formulation of comprehensive ater and related land use plans. of this chapter to go upon the land for the purpose of compliance 51j-5-110. Management policies. inspection. 51-5-120. Land use practices. 51-5-130. Application of land use provisions. HISTORY: 1962 Code 1 70452; 197 (53) 2353. 51-5-140. Duties of Wildlife and Marnne Resources Department: utllization of Research and Preicee References-- areas for fishing, boating or hunting. 78 Aln Jut 2d. Watcrs if 1-5. 51-5-150. Enforcement. 51-5-160. Penalties 51-5-170. Sstem shall be part of State park and wildlife refuge area: rule of � 51-5-30. Legislative declaration of purpose. construction. The General Assembly finds that certain selected rivers and sections of rivers of this State possess unique and outstanding � 51-5-10. Short title. scenic, recreational, geologic, fish and wildlife, historic and cul- This chapter shall be cited as the 'South Carolina Scenic Rivers tural values. It is the policy of the General Assembly to provide Act of 1974." for the protection of these selected diminishing values and to HISTORY: 1962 Code � 70-45.1; 1974 58) 2353. preserve the State's natural heritage for the benefit and enjoyment of present and future generations. The provisions of this chapter As to envronmental protection and conseration. see Title 48. shall complemet and be considered part of the State Water As to waters, water resources and drainage. see Title 49 Resources Plan as formulated by thie South Carohna Water Re- As to amusements and athletics generally. see Title 52. sources Commission. As to preserxation of scenic beauty along highwavs, public rest and recreation HISTORY; 1962 Code 7045; 1974 (58) 2355. areas, and roadside parks, and as to agreements with the United States Secretan of Commerce. see �� 57-3-650. Research anttlraclice References- 59 Atn Jsr 2d. Prrts. Squares, and Pla)grounds J� 4-5. � 51-5-20. Definitions. 78 Anjur 2d. WaYters 1 1-3. Except as otherwise required by the context, the following terms when used in this chapter shall be construed respectively to mean: � 51-5-40. Types of rvereligible. (1) "River"means a flowing body of water or a section, portion Tile following types of rivers are 'eligible for inclusion in the or tributary thereof, including rivers, streams, creeks, branches or State scenic rivers system: small natural lakes. Class i. Natural River Areas (2) "Free Bowing" means existing or flowing in natural condi- Those free-flowing rivers or sections of rivers with shorelines tion without impoundment, diversion, straightening, riprapping or and scenic vistas unchanged, or essentially unchanged. by man, other modification of the waterway. The existence, however, of with no extensive paralleling roads closer than one mile (except in 345 346 E-77 ScLMC R~~vEKS ~ 5l56t~ ~ 5-~~--~ PAMKS. Rm~cx~..t~ioN AND lIOURM161t ,1gA#gcs khere there must he nto 1-eiensue palalvlelism roads iliiding that a river Or seCt:ion of a I iVer t1uaifieIs as a scenic river, ,,,Itl filite goage of widtiif one-quarter mite back ficom tile gorge noteof tile finding shall be published in a newspaper of general IIIi told with only a limited number of crossing roads or spair cii culatioti in the State to apprise interested parties of the oppor. exil c~sting a, the time of designation as a Stale scenic I iver. tuniuies under 1 51-5-10. Written notice of such a designation tless ILI. astoral River Areas shall be given to tihe State Budget and Control Board and the 11hose rivers or sections of rivers thke land adjacent to which are South Carolina Tax Commission, as well as all other interested pdi.1ilidl or predominantly used for agriculture, silviculture and State agencies. "dimur ciisfser.%cd hurniam activities which do not substantially jilter- IIITIIY 1962 Code J 70.45.5; 1974 (518 2353. IVI ih public tise and enjoyment of tihe rivers and their shores. ti.vss Ill. Partially Developed River Areas �5157.Dntoso adajcn orvr I one rivrc s or sections of rivers in areas affected by the works 5-5 0. ontnsolndajcttoivr .11 fnite butwhic stil posess ctua or otental senic rec-ca-After the determination and notice that a river or section ofa o.pnoml or historic values. Included would be rivers %with deveiloped rv h s q aiedtsascenic rivers uyster, the Stae houghthe StareoBdgetan '.1 patally developed shorelines for residential purposes, riversscncrvssytmthSae.houhhetteBdtad lilpaallroads or railroads, rivers with some impoundments Control Board anid with the consent of the governing body of the .1si i rr wilt qal i t hc old elugad county in which the land is located. may accept donations of Ills wItwar qualiY whi6h coudbe upgra3ded4(5) 35 . certain lands adjacent to the designated river or section of a river il~d~tt~t 5962 ods ~ 70-41.3, 974 (58) 2351.either in fee or in perpetual casement from the private or rorpo- 155.Criteria for eligibility; proposals for adding riv.- rate owner. Fair the purpose of this section. such donations for feet in width from the mean high stage or mean high tide of the I hrSouth Carolina Water RciicsCmsioshl sa-river in normal conditions, and not more than three hundred feet It'll .1nd publish nltntinum criteria for assessing a river's eligibility in width from the mean high stage or mean high tide of the river. -fil l dXsmlmcatioi1 under thle State scenic rivers system. Proposasls Donations for Class I scenic rivers shall he not less than three .-I amddinmg rivers or segments of rivers taly be made by stateC hundred feet nor more than five hundred feet in width. For ltzvkims is. Trital gove rnmrents and oilier governmental or citizefl conspensation of perpetual casements given to the State. the 41-btlips and submitited to thve Stmth Carolina Water Resources owners of the title to such lands shall be exempt from all property I imixibsion for evaluation amid study. taxes which are presently or would be in the future assessed on UhIitOtRY: 19ti2 Cod~e 1 70-45.4; 1974 (58) 2353. the land subject to the perpetual casement. All donlators of lands in fee simple pursuiant to this chapter may deduct from State ~ 51-5-60. Desigisation of rivers by Water Resources Coin- income tax the value of the properly donated. electing to take mission. ~~ ~ ~ ~ ~ ~ ~~~~~~~~~either (1) thle total deduction its the year of the donation, or (2) it over qualtfying fur designation as a scenic river shall possess three equal deductions of one third of the value for three years airltine and outstanding scenic, recreational, geologic, fish and beginning with the year of the donation, The value of the land '.mlhli~. hitori or ultual vluesin aditin torelatively unlicl- donate~sha: b the fair market value assessed at the time of the homied wamters atid shall he permanently managed for the preseirva- donation. The State budget and Control Board shall annually "i-,I ti enlmauik, emntt of stichi valties. Desigisation and classification submit a report of the property included in thle scenic river system .d in cers or portions of rivers as sceisic rivers shall be dehlincd amid to' the South Carolina Tax Commission and to the auditor of each -ti-hliblied by tIme South Carolina Water Resources Comnimissioti, county in which tile property is situated. I. mwd on ijie results of field investigations avid reports prepared HIS~TORY. 5962 Code j 70-45.6; 1974 (58) 2353. -4141 uninit dmated by dife Comnmissioti on thme larcm tisof tite ,-it"%an adjoitninig latnds amid theim uses. The Conmtinsion shall ftesearch and Practice Iteferessees. amid It)~~~~~~~~~~~~~~~~~~~~~1 Asii jur hIl S. P Forms (Rcv ed). PutI Li. Squares, and) M~ygrollads. Formk 33 hi(t oil misitle thle vlcews of all intem ested State aguticies. local (ColfsptluIIII. pelitjoi'l us (ICdIAHMJm.mn t emihorce rinimt of rrc~cmmrr after use for park simttsand private os gamiizatioiis. Uponl the Contiiibisioniis lillpmti s aiu.smuuc 347 348 * ~~~~~~~~~~~~-~~~78 SCE~iC Ravi its ~ 51-5- I00 � 514-5-1 I"Aims, Rk:C~tEAJJON AND TOURISM ,, 1. L d Ainaoi..lona- � 51-5-1 10. Management policies. Ctt~iIC nt,~cd h iked b p~u.L o p~i'6,~ntd iii �5 AIH" C011w nprCheOSiVC nkanageinen( plans for protection Of scenic Ii~i If igh~, thoughPalk.1.'I"Lgollof 1- II whill P~k iner areas may differ in intensity within a given class of river, .,,..s niet diolcd higimALRl thrug paka l,.ttio b''~ased oil file special attributes of the class but siall adhere to the following management policies. �51-5-80. Exercise of eminent domain prohibited. (a Class 1. natural river arras, shall be managed in a manner which (I) would best maintain and enhance those conditions which I le lmdsa to be placed in thle scenic rivers s) stein created herein are attributed to wilderness type area and those criteria embodied checktntl be Obtained from private or cot porate ownIers voluntar- in � 51-5-100. (2) would allow camping and river access only at IIIt the mniner specified in 1 51-5-70. Neither the State nor any designated public access areas. and (3) would allow certain ptiblkc 1,,~ agencieh and departments shall be empotscerd to obtain by uses only within prescribed public access areas. entlaitl dontain any such land for die scenic rivers system, either (b) Class 11, pastoral river areas, shall be managed in a manner k1 le or fin perpetual easentinti. which would best maintain and enhance the scenic values of the l11tl4)Ry; 1962 Code #70-45.15; 1974 (58) 2353. river and the adjacent lands while at the same time preserving the riglt of riparian landowners to use the river for customary agricul- * a.. ititmin domain ~neralty. tee title 26tural and other rural purposes- %, - -mctka doniank generally. recruit 28 ~(c) Class Ill, partially developed river areas, shall be managed in a manner which would best maintain and enhance the scenic � 5 1-5-90. Title shall revert when donated land no longer values of the river while at file same time preserving tile right of Used. riparian landowners to use thve river for customary agricultural, little% c~r aity land or portion thereof donated pursuant to this residential, recreational, commercial and industrial purposes. * It pier ceases to he used for tile putrpose for which it was HISTORY: �962 Code 1 70-45.8; 1974 (58) 2353. .l.,ii.1ted thle title to such land shall rcvert to the donor. AL-k and L Ed Anaotatians- biw,1tOY; 1962 Code 170-45-13; 1974 (Sl6) Ms5. Rights of fisting. boatling. bathing. or the like in inland lAket. 57 AIA2d 5459. 1 ~ J'pryiiid c.11etalice, generAlly. see I tile 27 � 51-5-120. Land use practices. HtR--Ci and Practice Ittfeeences-- In thle comprehensive plan for the classes of scenic rivers, the v, x,. Jr PI! S. Pr Fo~ins tKeye d). Parks. scilairel, and Plagrottnds. Ftiar !13 follotting geiseral land use practices will be permitted or prohib. Pcittion., Of declaration to enforce right II( re-evaly after use for paill, ited depending on the class: (1) In Class I scenic river areas, no new roads or buildings shall be constructed, asid there shall be no mining and no commercial ~ 51-5-100. Formulation of comprehensive water and re- tinsber harvesting. lAted land use plans%. (2) Its 6lass 11 and Class Ill scenic river areas, the continuation I lie Southl Carolina Water Resouirces Commission shall formu- of present agricultural practices, such as grazing and the propaga- Ilic Ltomitiseensive water and related land use plaits for the three lion of A-rops, including timber, shall be permitted. The construc- -I IN!ICS Of Sct-lkic rivers. The preparatioti of such plAmis shall be its tion -of farm-use buildings shall be permitted. 'provided that it is --injitmirton with and coordinated to the State Water Resourc~es fouind to be compatible with thle maintenance of scenic vistas from I'iti oi tihe Coninusssioti and shall follow tihe procedures atid the sit cam and its banks. There shall be no mining or construction 11Iilti1.1gentq inputls as set forth tinder �� 49-3i-10 to 49-3-50. For of roaids patallelitsg the river within the limits of any scenic le1511c Jimose of tills section, primtary ettiphiasas shall be given to easetnent or public access area. -rthe cutting of timber shall be I'ltictinig scenic, aesthetic, historic and wildlifer aspects of acad allowed pursuant to reasonable regulations issued by the South I', (i~ f Scetnic rivers. Carolina Wildlife and Marine Resources Department. in consulta- riots w;ith tile South Carolina State Commission of Forestry, which liiStoniy. 1962 Code � 70-45.7; 1974 (58) 2353. 39350 E- 79 Sertam Ravtits ~~~~~~~ 53-~5-140�-5-140 PARKtiS, RECxs.4I ION AND) TOUIjiSM ~, .L~~tiois sal heCtli~~i~itwul coiiiioihatccepted free fai nk- existing if as renewed between tile same patties Shall remain in pa halle or clt~scttWt consrva n mesues ublic access through tisw full foz'.e and effect. *lhfe Wuldille auid Marine Resources Depart- 1.1dli)iciti,.c lio coswellvat niong Masurilesr sIILU related Iunvi shall not charge .ill) fees for liutiling and fishing privileges caelulowl uMrkse wftesl asc lanings areas sthal be UAUiSied to persons eligible toe fish and Thut in areas so leased except ins jili b Of titY; sceni c river ar~b s0-all9 he7 (5d 233lhning and fishing licenses issued pursuanit to the general law. ,,I rIe,o fy 92Code. 1 7 459 1 7 4 51)2 .HISTORY:. 1962 Code 178.45. 10-.1974 (58) 2353. Pic~cit'toln of sucnic beauty along IiighWA)s, public rest and rocireaibo#5 ~11 ..od ,.idird put s. and asto agreenleiens %tu thue United States SecceiaVY�5--1 . Enforcement. it au -11L, C. sAnnoiatlots-0 It shall be the duly of the law-enforcement sections of the South a4.c 111 tonorm~rut~uuus of stauote itordinuance requmnnu land dcsetoper la Carolina Wildlife and Marine ResourcsDprmn n h tt .. rporinut of find for RecreatiiOnl inpurpes o aePa)nteutt in lteu F~orestry Conimission. as well as local sheriffs, constables and tI 13&. ~tAtiLUM 86 special officers to cooperate in the inspection and enforcement of k-t'.atC-struckiu.1. and applicauion of CIAUIHSresartmitg land dei~elop-thprvsosftishpe. 4iuetlfrdng or fin1015. 46 AtLRtd 1422.th rvso ftiscae. HISTORY. 1962 code i 70-45.1 1; 1974 (58) 2353. � 1510 ApplicationS of land use provIsions. Cra refereuc'es- I h provisions5 of this chapter regarding restrictive use or As to deputy sheuriffs for parks and otherf places of afflisaemeit. see 11 23-13-- /,-Iinng of l.Ands shall only apply to those lands which have been 5tO Cu seq. t,,illed into like Stale scenic river system by donation or perpet- Rtesearch anid racitce ztefereiaces- is I v.11Vemne:nt SO Ain Jur 2d. Pawks. Squafes, and Pl~ygcounds It 52 et seg. 11i-1,101Y; I9192Cokde 7045.151 3974 (S8)2553. 5 1-5-140. Duties of Wildlife and Marine Resources De- � 156. penalties. partmet; Utiiikitfon of reas or fisingoatng fhn- Whoever violates any provision of this chapter. the regulations patet thsto faesfrfsing. ous promulgated by the Wildlife and Marine Resources Department 'ntCaoinag.d i e ad Mrn esucsDprmn hl under it or the conditions of tihe perpetual easements granted to M11111hirtile parovisinso Wildisfhper Ind Madditine teoure Deassitmenghl the State under this chapter shall he deemed guilty of a misde- ouuimuteitheproisins f tis haper.In adiintmassigoeanor and may be compelled to comply with or Obey the same Ilk Wa~uir Rcsoiures Commnissioni in foruiiulatiiig the compirehen b nucino te prpiaermd nuo ovcin "Vpljjis. the W~ildlife and Marine Resources Department shall by i u n i oorth appiteemdadpncnvto. ,"-a, le.NOAsItal rckIil~tiOUS to admliniSter7 such Water and related may be punished by a fine of not more than fifty dollars for each 1.1111th plrmns. 'Fli Wildlife and Marine Resources Departtuerit day of such violation. This does not preclude any applicable action 11LiN Isbue additiundl rules and rcgulatioiis based on thfe individual by the South Carolinka Tax Commission to remove or recover -uairinies of cacti scenic river area; provided, howev'er. that such property or income tax due it Under � 51-5-70. iuli:s and regulations do flot defeat. conflict with of usinimize the HISTORY; T262 Code 1 70-45. k4; 1974 (58) 2353. pii~ttisioins of thle comprehensive plans for each class Of scenic IIVVIu No scenic area shall he managed in a nianner that would � 5 1-5-1 70. System shall be part of State park and wildlife ie~tilt iit tihe area falling into a less restrictive class. Provided, rfg ra ueo osrcin likkdith-1 that noithitg in this chapter or its implementation shall in rfg ra ueo osrcin Mta %%.IV I estrict uiilization of the rivers in the system for fishing or The State scenic rivers system shall become a part of the State 11.1a..iig, by the generkal public, including fishing from tile batiks of park, and wildlife refuge areas and shall be subject to the provi- ,"II livers fir portions thereof placed in tile system as herein sion~s of this chapter and the acts under which the other areas may al~i.. ed. Provsided, lhoiss'er. that thle provisions of Ellis section be administered, and in the case of conflict between the provisions ,11alt iiut .tpply to areas leased for huusting and fisliiig privileges of these acts, dhe more restrictive provisions shall apply. 1 flickiod of onse year 1srior to jtly 2. 1974 and stucht leases then HISTORY; 3962 Code 170-45.i2; 1974 (58) 2353. 351 352 5 51-13-940. Property exempt from ad valorema taxes. � 11.0 Definitionts.enulsceay All property of the commission shall be iexempt front all ad valorem The followintg words or phrascs have the definition gie ulssceal i.oxcs levicd 'by the counties, miunicipalities. and other political Specified otlserwise:teWllf n Marine Resources I II IT fit V: k 976 (59W 1602. (omIsso-mc h WildlmiSIfe' man d a i e Rsucs 51-13-950. Deeds tocontainirestr-ictive covenants. (2) TDprunet mas te Aidviseano ryn Beoarcd. I 'LI' ded to a httorical uilding tnveyed te commisson shall(3) "Board" means the heritageTrsAdioyBa. %ri dcd o ahisorcalbuidig cnveedby tecnrisciAhal(4) "Natural area,, means an area of land or water, of a comibinatio'n ~ i f~tttttVCcoveant o prtect he bildig's acad so s to thereof. generally, but not necessarily, large in size. Such an area may be, hisiorit ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~npulcorpiate ownershi andhal contain relatively undisturbed ,I~~lltittY 1976 t~~~~lI 1602. ~~ecosystems. landforms. threatened, endangered, or unique plant life or animgal habitats. of other unusual or outstanding scientific, educational. 5 51-13-960. When actions of commission may be takctn; quorum. aesthetic or recreational characteristics. fln rwtr racmiain Anm uciotlO requirced of the commission may be taken at any meetiilg of Watr ~Nisra gfC*1rCeally butae not lndeorswatrily. Sall~ic Scohinatie thle Comisi~iiSSont regular or special, and at any such meeting a majority of thereof, whichd ishgnally butai nor ncosaiy ml n sise. Suhfr, (lie iiicisibcrs m~~~~~~~~~~~~~~~~~~~~~~~~tay be in public Of Private ow"nershi anrhllcnan rcnss df tl lnilf4of 'tic corinmassicon shall constitute a quorumr for the purpose outstanding remnalts of natural cl-Iemeits of survi%,ing undisture ul (tlklbI,1lIkf; the business of the commission, natural ecosystems such as record size inldividual species of plant tire., IIlJt;19761(59) 1602. ~e i~ cilifc educational, aesthetic or recreational character. (6) "Guliuralarra orfeatore" meanisan area orfeature which provides CH AIII-ER 17 an outstanding example of our historical or archeological Iseritage. Sucli anl area or feature shall be a site of special historic interest or contain heritage Trust Program outstanding remnants or elements of the way of life and significant eventa. ~~ I). hii~~~~~~i~~~,,,, ~~of our past so that through their preservation and the restoratton of ~~ii i ~~got~~vn I votog~~~~: ~~ related existing structures, or tlse developmnett of a historic area. as wet 1; 30 still Trusts,,, CiLAIIJ. 1"I'l .... C, as thet ouglt study. iitvestigasttion and examnisationl of tile material rcmilainl -';- Ill V-cl And direct of colullkh~l.11 in that itfe, a record may be preserved of the interrelationship anld fliec 'it-1 -!in 11--itigac huhl5 Act~isurv isord Fe~d;ucle between man:� activities aisd his surrounditig environment. A culttiral are; .1 (Ila A'0Cll~d duies o 60.i b~dIflSOO ~NS or feature may be one that is either publicly or privately owned. " 1, 7-7t "O'ocls Alld duties of dep~iiiagicfii (7) "HIenitage Freserv.e" means A natural or cultural area or leattirl 'I-b17-tioia Of ICIAC cc-Nsdd,,I. etiio which is "dedicated". under this chapter.I .1~ ~~~~PA. (it lrl~ rsre.ddcaiir;rsnmo,;iSigilI() "hferitage Site" nieans a natural or cultural feature which has beet 51-17-101)eIc~~mri,~te fl,,11ai it. recognized as sucs through "registration" under this chapter. ]II-1794) t10 i4~ F. I in re (9) "Dedicate or dedca'on "means the process b ywihaynaturl C I -17 'll ( i CIAU dAk(CA ojled Or cuifltual inca or featuite shall be established as a Heritage Pireservei 3 - I 7-t~~n Lid,,, ~ tieii~~dliei accordance with tlte procedures set out tnnce with ti8O procedurts set -51-17-140 NI..'Illuill AC~cA~ It I~c acted.result fromt either of ilte following methods, bitt nio pow-.er of caninel 3117140 3tjxinuiu lel Ciib .ied. wniiei, APP9ovst of county delegption domain is hereby confert ed or g allted to the conimissiuti, advisor) hIIIal or the department under this chapter: 48a E-'81 4 HERITAGE tIus RUhMST LI1-17210 PARKS, RECREATION AND TOURISM W h l a nuieofidpdetadifrngfots t rva s ,-6 -ACqnis)6n` means dile establislunent of a 11eritage preserveWieanubro idpdntnddfrngeorsbohrvtes h,~ rclt% tie oumie1r of a natural Or cultural area or feature transfers the well as governmental. have beeni initiated to protect somec Of these assets. airiiipe 1111ceibt therein to tile consinission for Such purpose.. O F a coordinated and concerted Program is needed in order to avoid 'I"--4CfP'"1C-m"'alls the establishment of a Hiag rsve duplicationi among these and otlher valuable activities and to insure tile -,, I h I.1ro aua rcultura ara o fearitranger Preserv maximuln Conservationi of thkese resources through tile establishnient of 11.il tkeb the ownper ofanaturalo cuthel rein tor feturetrasfr lea ne ective and adequate cifTicial legal mechanism fur identifying. liii ~te fe siple nteres theemn t thecommna"ssion for such purpose. &Ilr '11111.iip%~are grantitig of a -conservation or opel) space easeltielit" or the recognizintg and protecting such areas foar their outstanidintg .i*'cl Of title subject to a life estate or reverter. Imiterests in real esat characteristics. While tile preservation of all of these assets Ilk 11112W tmatum al te IcII of yeCars shall not qualify for dedication utider this chapter . state is both impractical and often not necessarily in the total best intereSt (10 "e-sstr"or "-firainmashprcsbywchte of the State and thle public, they exist in limkited and decreasing quantities. III) Reier of ainturalin Ofmlua eatueshl ether rocs by whiche arenth The time is now for a decision to be made as to which of these areas atid oi.crof ntirlt cormss ulrafetreo n shall uniqer andto usandn writtes dgeserven increased Protection and for selecting the uiost Appropriate hilaterithes tommission accordncwizing the poeuniqes set outstning means for doing so. 51-cirh1c7 hrefi-acranewthtepr0dre0e oti It is therefore the public policy of this State to secure for the people. (1 1) "T'Pr i-rt areas and featues list -means the list made up of those both Present and future generations. the benefits of an enduring resource area andfeatre! recmmened y th boad. ad aprovd bytheof natural and cultural areas and features by establishing a system of 10reaSSI undfertures r cmm tende by the Pords, aind isofprivedry te Heritage Preserves and Sites; protecting this system, gaithering and "1"T07 o[igoalimssand pundoero this chapter adwhos rsraich iofpmare. dissciniiiatiitg inioitiatiots regarditig it, establishing and mamiitainiiig a '1"lerci. eligible to be included as heritage preserves and Site,.lstigo.eiaeIvslvc ti ie- n tewb t (12) -1he )Icritage TIUwsI rgr meat's the entire system assisting in the preservatiolt of-itatural atid cultural areas anld feaituies oif ~tahiabhhd under thIs chapter lo pi ovide for tile inventorying, this Stake. reservation, s and naiaagenient Of unique sand otmistaiiuling natural or HS OY 96(9 67 ,:111111ral creas and features ilk this slat'. -Ihetemn letIlrii Trust 'iiieatlss 5 173 IlrtglrtPrga crtdpups. tile legal littbi %which is created under �11-0 51i.g17u-'Jogan ratd proses Ntsottv -96(9 67 The Ilieritage Trust program is LICated to achieve tile followitig goals .1-Atctis* whn,,%, 5 W by protecting latids atid making themn available to State agenicies, educational institutions amid publc atid private groups for tile tollowinig 51-17-20. Legi'ltv idns oiy purposes: the Gemicral tiv finds tatgs.a patolicy, (1) For rcbeark~x in such fields, as archeology. agriculture. conservatmon. 1,CnrlAssemnbly id hta atoil continuitig growth of ecology, forestry, genetics, geology. history. paleontology. pharmacology. tile population and the development If the econom..y of the State it is soil science, taxotioiy atid similar fields by governmental employees, ,c"tSS111rV alld desirable that Portions of the State,.s rice natural atid educational and scientific groups as well as by private imidividitals,. ,:,t,:ral diversity bec set aside as h-Iritage Preserves and Sites aiid (2) For tile leaching of' archeology, biology. conservatiuti. ecology. IWACiCIed for the benefit of pre"sent atd future generationis. for once geology, history, natu11ral history ;amid other subjects. diotjfrhed they cannot be wholly restored. Such areas and features are (3) As habitats amid places for maintaining plant and animial species in iii --Placcible as laboratories for scietitific research; as reservoirs of natural coimniunities. Mtmierials for Which the value and usefulness thereof is nor1 yet fully known; (4) As reservoirs of natural and Cultural Materials. .t4 habitats for rare and vanishing species; and as living niuseums where ()A lcso aua n utrlitrssadbat hrb pevople mnay observe nattmral biotic and environniental systems and as areas thrug visitto pulacesa ofbsetrve alu and enjy nturalinest and bat hrb lo tuyaid rnomn sexapresofte lnts sigiatrcueanrltd cultural processes and events. U~niqute recreational opportunities of a type ~siut .cts i~hmcli rePreetsgitcnaris Of our historical and cultural not generally available through thle existing State Park Systemn may be h. iui~~~~~~ige. ~E-*5 pi avided. including outdoor sporting usage such as hunting and fishing (6) To coinduct public hearinig, Oil thle quetIion of whether any ds Well ;,s aesbilitics, where wholly comn1atible and consistent with the particular natra Jor cultural alea or leattre shouklld be established as a chairacter of the area or feature. tIe laei me: reset- v,- Ar Site, or ott tile uses or tiolluscs whiclh shall apply to (61) .4s benchmarks against which to measure such processes oreet any ;area dedicated under the Ilirriage Trust Prcgr'all; 'I ell as tihe environusental degradation from natural and unnatural (7) To manage or provide for the management of Heritage I'reserves 111011teuccs. through the promuulgations of rules anid regulations designed to preserve 474To promote like utiderstanding and appreciation of the aesthetic, the primary natural character of such: areas Or features and to provide tile - IdLSII .::d uictafc vatie ofsuc ares ad faturs b th of maximum public usage thereof which, is conipatible anid corissistcist with kthu dial s clifcvluso uch. r a n etrsb tilhepeo ie character of the area. Mianagemnicn duties and responsibilities mia) be ~i lur thepieservaton and Preerves andSites assigned to any goVermuneital or private group, with its consent, w itli dr~dllbimodiicaton o eprotche treutiong of Occpaiong respect to ally particul~ar I leritage Preserve.. a~~~~~~~~~~~~~a~~~~Itt oilato orecocietrsligfo ocutit.()T coere with and in enter into agreement with other State, charlaptsentn tesswih ol eto hi ntrladclua Federal. county atid local units of goverisment as well as private gruup~s h~~~~~~~~~~~~ ~~~a:d relter. for the promtotion of the purposes of this chapter including tlike cattsitg (9) As Places for maintaining representative lands, an feate ouofoher requirements under Federal anid State law. btutrswihill uStrate' pehiosentsrsyle and cuses of thrae lndi (9) To report ;Annually to the Governor and to the General Assembly ourState's hisori and1 cutualheitg as to the activities of the Heritage Trust Program and it s future plans, and ItISTOKY; t574 (59) 1607. ~~~~~~to make any specific recommrnedations which it feels, if implemented. Pawersandduliesofcommission. ~would assist in achieving the goals and purposes of this chapter. 51-17A0. Powers and duties of commission. HSTORY:. 1976 (59)56. 'File comnnission lb-ill have the following duties. responsibilities and5-150 eigeTutAvsr Bodcead;mbr; bemis uender tHis chapter: 51150 eiaeTutAvsrBodcetd;mbr; I) I iu set Ve As ItruNtce of the trust created under this chapter and to frs *if% OUt the powers, duties anid respsonsibilities thereunder; Tile Heritage Trust Advisory Board is hereby created to assist the 121 Io bilpet vise tile establishment, updating and isaimitenance of a commission in carrying out its duties ;tnd respoissibilities under this -.0.1,-Mulc iiseniory of thie 11taturat 'stid ctultural resources and the LhJpter`. TIhe boastd shall coissist of seventeen inensers who shall be *iiiiei"1uitC of a hist of those areas ,,mid features selected or established choscni as follows and shsall elect from its membership a chairmnan: *uolcr this clmtiptcr as priomity atea!, atid featutes or as Ileritage Preserves (1) Front the general public, six petrsons, one front each congressional .1iid 'siles; district withiti the State, who shall be appointed by the Governor and serve (Ii) 1-0 select from the recornitnenidations of the Advisory Board those for a terns of ilif years. Of these sik. four persons shall be front the ttatital Anid cultural features, the ptescrVation of which is of primary scientific coimmunity who are recognized and qualified experts it: thle :iujtirlan:ce to thle goals atud put-1poses of this chapter, and to classify sttch: ecology of ntaturatl areas, and two persons shall be from the cultutral is June),-' aticas atid feaitutes; 4:ommu0nity who are recognized atd qualified experts in tile history and 141 To selvet (rot:: 'fie recomnmetsdations of the Advisory Board those archeology of the State. The tern: "evper' "does not of necessity denote laittsl areais atid features which should he dedicated or recognized as a professional but one heartied and interested in the field. tlw1tage Preserves or Sites. atid thecreafter to establish as suct: throrigh (2) One tiember of thle State Senate and one memiber of tihe State ,rt ~ire.It tot: or icognitioti; House of Representatives, who shall be appointed by the President of thile t5l 'I o selaet from the recotntiendsmtions of the Advisory Board those Senate amid tihe Speaker of thle I louse of Representatives, respectively, (or hI. -Ai.c Pt scc ves, illiterests therger or Iioi (ions thereof, deserving 0of terms. of two years. -1- 11-11 k-der tuiler h I heritage I-trust amid filvec-after to tratisfer swei ntiC o11 (3) Fruit Stati: goverminut, tihe following persons or their de.%ignees: 52 ~~~~~~E-48 3 53 5 51.17-60 Pmtkis, REcMEATION ANtD TOUISMia "IERITAGL I HbU a JI U~-IAftl (Al The Chiilairma of thle Wildlife atid Mlarinle Resources Commrission; (5) To assist in maintaining A list of areas and sites which through 'B) ""lie Exeutive Director Of the Wildlife and MArine Resources dedication become Heritage Trust Preserves or Sites and to make public pal-.rtiictit. information regarding their location, management. regulation, and it) IleFettv ietrfteSuhaois�eateto ak, permisslible public uses and thle like. II, vai- an To Eeutgeiretronh SuhCrlniLn.eore (6) To authorize research and insvestigationl for inventory and (o14seavatiua oltl assoa assessment purposes, including the reasOnable! right of entry and (Ii)~lie Drecor l te SuthCarlin Deartentof rchvesand inspection. and to dissemninate inforrmation and recommendations 'lk "O f ieSUl Castroln eii-ueto Adi n pertaining to natural and related cultural areas and features. 11133(jr); H ~ ~ ~ ~ ~ ~ ~~~~~~~~~ISTrORtY; 3976 (59) 1607. M Fil[e State Forester; (G) 'Illie State Archeologist-, !51-17-70. Poweirs and duties of departmtenit. (11) Thell Director Of the Stake Mulseumn; and (I) 'I lie Director Of the South Carolina State Development Board- The department shall act as thke basic stall for tihe commission and the Prot idc-d. o, --r of the initial appointees under this section, that of board and shall have the following powers and duties: [tic six personsb appoanted under, subsection (1) above, two shall serve for(ITeEectvDicorslleeta mbrohs aTwhsal ta tarns.o awndyas two for a term of fuyer.adtooraenibe primarily responsible for thle adnsinistration of thle heritage Trtast Talk I OM% 3976 (59) 1607. P o r m (2) 'llhe department shall supply such other staff and support services 5 5l 17.-60. Powers and duties of board. as the commilssioll Rat thle board require to fulfill their duties and 'I lie I Il-rIage Trust Advisory Board shall have thle following flowers atsd responsibilities under this chapter. lit ics: (3) The departmvent shall maintain a public record of any inventories I ) T'o review thie inventories prepared and Subibmitted by thle 03 lists established under this thapter. dcP-1raOecIt and other State agencies as well as otiler appr-opriate sources (4) The departmnirt shiall work with owners, both public and private, in uf 111uriniation and to recommend therefrons to the commilssion thie thle developmenet of pruj)0sals for tile dedication and recogatitioli of selection' of those areas and features as priority areas and features ilia, it natural and cultural Areas, and features as Heritage Preserves and Sites, deiti-i to be of Primiary importance to like goals and purposes of' thkis anid it shall keep tihe board jisforined of the same in order that therefrotf chapter. thle board mnaX make recommendations to tihe commission as provided (2) To evaluate, review and examine proposals of the depArtmnclt and under this chsapfer. othver State agencies as well as citizen recomntendatioiis for thle dedication(5Thdertntsacoulwthndokinoprtonitte Or tecognitioli of specilic areas and featuies as Iheritage Trubt l'traseives ()Tedepartmenit s hl ofsl wrcive and wbsoryth Stat rchertologist. flte .inld Sites, and fromk its expertise to recorinutied to (lie coanitission tile Dephnartiient of PAt.rcriesto and itourisiti adan ile State. Ahounsty il dccli aTO orecomni tion til sch areailsi ally fet res les it eeulspropr. ot local "tiltt of govea munkent, or ally private rittity Or grotip whiich1 is or" (3) 'cluro crilcried. alowable cmiusesi any ruf hihtles bordfeglstwons. should be directly involved in tihe I leritage Trust Progrank as well itS mit I~i~iiacmea crtera, lloableuse an stu whch he oardleei wuldaisy parsicular efforts to preseivye or protect any specific area or feature 11c hdeitcial to carr-ying Out (lie goals atad purposes of thlis chaptear. utitlerfile prois ions of this chapter. Iii all caies. tile (lepariltnent shall 3 ) TO appoint technical conuinittees consistitig of cxisert s ilk Speciali y .411CmnPt ii tavcild hipl1li at iln oi l elli I wVith uthaie *igenicies and groupsand .ci" fily~iing "wiiht thle ecology, liiaoury and archeology ofoout State and shall have nko iliauidatory aitthiutity laeieunlid~'. to4 liluirecl aiiun by any such .111% other iypbe conaittilecs ilia, Ile boaud feels call be of assistance iii body. I.-Iliillig sib, ditties and res-poaisibifliis utader this, chapter. IIISTOtLY 1976 (59) 3607. 54 I 55 I-Ak~h, C~kLA1 ON AND IOUR~bl"area or feature as allowed under ibis chapter is agreed to in the 5 1-17-80. Establishment of' Heritage Preserves; dedIcation, *DedicAtiors Agiccment." restrictions, management plans. (5) Within ninetv davs fromt the date of the completion of the Upoll recomniendation of the board acid approval by the consrrussiorn. dedication process by uitrcliair area or feature is established as a Heritage airy area or feature on the "Priority Areas and Features List" may be Preserve, or as soon thereafter as possible, the departinent shall establi~sled as a Heritage Preserve through thle process of dedication. III recommnetd a rerartaginemit plap for tire area or feature coricens-ad. Such ,rdditiomr to thle transfer of either thle fee sinsple interest or a lesser interest prooe plnsalinld eommnain st h ssadnru I leter tuc asan oen pacecasment th Ownr o anysuc are orto rhilchr tire property should be put. recommendations as to whsether all featrrre mnust enter into a written "Dedication Agreemnent" withl tile or a part of the area or feature is deserving of increased protection dviparunerit %whereby ally restrictions, conditions, permissive and through inclusion in the Heritage Trust, thle projected cost of the 101PAroIpnussive uses of the area or featurecinvolved are clearly stated. Once Managmn ftepoet n -crrnnain st hte rro thle necessary deed, easeentcn or thle like has been filed along with tile a user fee would be appropriate. Ail State, Federal, county, local and iDedication A4greernent" in thle real estate records for thle county in which pro lategop neetdi h rao et novdsalb loe fieae r feature is located, the process of dedication shall be complete tOla% inuirt rubo the proposed uraragenrent platn. lireC plae Skill fig the area or ~~~~~~~~~~~~~~consideredl bt thle board. and rherefiorr tihe haoxr shall piurpt,.N to lit. .lurd a Heritage Preserve shall have formally beer% established. comints~ir anl .~eahl margrer la f tearaorfat No area or feature of prinsArily cultural significarnce or character shal l tl managermed pnt aplroal thcmis n for tal pane.% te dejartuise be dedicated unless the Archivesi and history Commnission apprones rntataedic oru gproup.I [rrlroized )i comission of a~i plan, tie eatmaenth lThe following restirteions shall apply to all licritage Preserves: III Ie Qit ; 19ge lres n 160a7O. ~rrceteec d ( 1) '[-re primar y dedication as a I lentiage Pi eserve shall be to pireserve :~ arid protect, tire natural or cultural character of ally area or featule so tcahfilPrtceIfrSU.- L~.%fablINhred.Thie Conwinibsaror and its agents siall in all cases maintain tIre 2-kl.)r!d. Ii-1 ~tjl ta 4. 3L,-:2tI .-111'ntl.kl chrar~cter of any at ea or lecrtit c dedicated. ;and as sucit they are26C1h VI.'stat.2-9 tir cby dcclarred to be at their highest. best atid miost imiportant use for 17 90HeiaeTutcaedbefciis;er. liv public heridit. Nu Hleristige Pteservc: shall be taken for airy otheer 5-1 90 Hetgerutcaedbnfiiis;tms 1,aone lic poNc.euls thre ,pprovaeh of built tire connirririion and tIre There is hereby created tire South Carolina Heritage Trust, thle trustee Guasciuur Iras bear obtairred Iii ro case shiall any Heritage Preserve be of %lrmcl shall he (lie Sooth Carolina Wildlife and Marine Resorites 1,11,C1n for airy private use. ConIrnissnon.'Illre cot pus Alf thet trust shall be mnade lip of those 11cr rtage 12) Air acqrrisitiolr by dedricaiorr Shall be in perpetuity. Preserves Ocillar thle conirrtission deenits to he of sriclr ointst;irilrrrg arid (3) InI any case Wlrere an area or featrerr is dedicated as a Ileritage unique naturiapr r coural (1.rar~cter so as to he signifticani .rkii esserilial Pm eserve thro-cugh acceptance of less Hlan tir fieCe siriple interest ediet ii, to thie carryrrrg outi of tihe goals Anid purposes of this clraprer arid as tinci, no aniarrgeirent of such proper ty sIiall be perforired by State agencies or to irerri a grecater degree (if preservation thaur that provided by dedication. then- errrlolyees and no pubiric funds %shail he trtilized ire thle upkeep or 'fire comrrrinusiont shall haveautrrior-ity to place into tIre corpus of the trusti general Inaintenrance of sorb Dropeit(y; provided. sit tihe case where ptrblic any Iheri tage VAreserve thlat it feels ineels tins eniters., and which iras bceei Usaige of such area or featurre is contrrastable arid consrsterit wish tihe natura icconmtieidud for irilusorir therein bly tihe board, lie beneficiaries of this lt~raniacer of tire property arid thle owirer is agreeable to allow such as trust are arid shakll lie tIre pr esent aird furture generations of citizens of tihe 'Idiried under this chapter, reasonable costs of maintenance arid State, miore parrtictalarly those preseat and future citizens resirding wirlrun rrrarragemieiri may be hotire by thle State. a close proxiriity to airymaea or feature whiclr itself, or all interet-s aiet Cin. (1) No atilklisititiof lairly area or feature as a heritage Preserve sha~ll becomes, consltitues, or coriprises a partI of tihe corpus of ixth totist acid Ire .allmrrsd whereby tIre departtiserr rcteives tire fee sirliple interest inn tire who actually ArrJOY 'ase of !isuch ;area or oaearur; arid furtlrs'r arid airline p-periq %Julrl tire grarrtor or transferor retains tire berteftcial use or particularly, those pt eserer amid future studenris, teachers,, arrd Iersons 1111"I "sI Is orire laitd except where total aird conrplete public usage of tile 56 E- Q ~ 5It7~it.) .'AKK5. KELKILAAWN ANU tuts-aMtt oiailv em hlledcud14bes iilinie c,11insg in she State whokr anwh actull c~lz lyoncerned %,ith coluservilliOll ol will research loIVC loatn 10lj~ike HC tig l-3t5 sh la lle duClc silad to bi stluch in peth att1 il a~cl of ecology, hibtoly Or atcheology aindrs whoec ctoal sucih anys ly5IAl eillilale ,, It area U cc-lfeiure for the Promotion Ur such interest- (a J'h ess)entia aua tOre of~ litprofit Ilie ler-ns -area or featute" is used is thi sec io.i h (a) l'hrc essetallb notura cliollte of an popry shdlhermaintained \~~~ht~~~iL'CJ (b) T~~~~~~oherieresahbnorctoofaytprvriilteru xet 1111lide "Or- tutle, cbs therejis.' f[he following, except 35 t o e lilla rvmnsncsasy for ilescritsaetyo c'..pichbl) provided, shall constitute substantive ternis of the trust and ths ninmliprviet nesayfothseut.sftyr .,firy t Aly t-a o fatue hih bcoes prt f he orus thereof: comleniettce of thle public and those required for maintenance and tI) Upon approval by tile commission of tile inclusion of a I lerttage (cCtinorbrngftie, odrohrdsruiooflrar bull lie rveod in the corus t iofhc tile Sroutpaoln eritag irs lctd suh tallf fauna shall be permitted only for conseration or regetneration of flora or estal-ll conclusireeproof the outyi svich area oropearty is suitated forsal fauna;, of for like coastrol of plant succession by deliberate mnanipulAtion establish comichtisive ~ ~ ~ ~ ~ ~ 5 profta uharet orfetrisutbefo for restoration of preservation of a particular vegetation type or of an precservation and protection under this chapter and constitutes ato endangered species of flora. fauna or wildlife; or for the establishment and thke collius of tile South Carolina Heritage [rust. osaintenaiice of nature and hiking traits, camping areas and thle like where (2) In any case wherein the previous owner Of a HeritAge PreserVe ha2s compatible and consistent with thle character of the area or feature Restricted such area of featurfe front inclusion inl the South Carolina concerned and not seriously damaging or detrimental to thle natural Ileritage '[rust, or where the previous owner has withheld an interest quality of the property. OIhsetl ens sth As a life estate oreelrthHriaePsrvinled (d) No streamun shall be dammsed or have its course altered. ,hall not be allowed to become a part of the corpus of tihe South Carolina (e No motritled vehicles shall be permitted on the property oilier I le tsrge rs nesa usqettn uhapoa sotiidfo than these utilized bv tile trustee or its agents in anatagemetst and ~udlphsallc~t or fits successor ils interest, protection of the prop erty or used by the getieral public for ingress and 3i Upo Luse approval by thle commission of tile inclusion of any egress to the property its compliance with thle management plan fair the marriitge llleseir. ilk tile South Carolina Heritage Trust and tihe transfer area or feature concerned. cttlte title or ititerest Iseld by tihe commission thtereins to the trust, subject (I' No change shall be made iti the general topography of the area or lto the fit Ovisttani Of Subsection (2) of this section. legal title to such area feature except for those nuininsal alterations which may be necessary to or leature Shall be conveyed to tile trustee of the South Carolina Heritage provide on-foot access to the public for visitation. or observation-, and this Ii uno and thle equitable, or beneficial ownership, shall rest inl those shall be done only where wholly compatible and consistent with the bciselicaries previously stated and described, whether such Property WAS character of dte property and where no detrimental effect shall result, ouuied by a paivate or public source prior to dedication. (g) No activity shall be allowed or- permitted which might pollute any t4) Upiuts apsproval by thle board, tile departmnett the cointissiolt atid stream, body of water, or the atinosphere. at~agetic) of' tltC State is heteby authiorized to etiter Into agr etuetit iii (h) No signs: billboards or other advertisinig of any Lind shall be A.dsante %,uthi lly person. finn, corporation, legal entity of governmentl erected; however. inforatnaional and directioiial signs related to the or .11 piate group that ally pallicular area or feature s.hall be cotsveed designation of die area or feature as a Heritage Preserve and related to I ito theu101ce in trust under (lt:e piovisiotis of this chapter. the public's enjoymnent thereof shall be allowed when approved by [lie (!i) Uptut1. app)ro5al by the comsilissiois of itnclusion Of anly H eritage trustee. lltc~CINC tutu thle co pits of the South Carolimia Ilerilage 'rust. like board W i No oilier acts or uses which arc detrimental to the retention of the ,I)AI i~t:%ew tilt uunaligetinett plati therefor as well as tile "Dledicatioti property in its natural state shall be allowed. including those detrimental c tn" uc and ly oilier .Our-(Cs of iniformationi whicls it itmaV dccii to flood control, drainage, water conservatioti, erosion control or soil .tplt et tkte. UpnApp [t~vtiei Cof hy tile conunissiolt. tile (lei); titientl conset vatiots. Or fish or wildlife hlabitat preservation. otheit ageilty or group assigned *iiatijgellutent repishtiisterel. Aj hr utural areas or features are involved, seasonable sltill heatiage piGIperty inl accordatice therewith. Ext ept to tile C~avilt excavation. imiprovemietit atid the like shall be allowed for research epeh)otherwise provided itstilse "IDedications Agreetieisl." thle purposes as well as to restore such area or feature. B 58~~~~~~~~~~~~~~~~~~~~~~~~~~~~5 2- E86 I 'I ti II nusl shall Continuetit its Jtetl eluiy. (8 'rie trustee shall hold. manage. preserve and eniforce tihe various orNthin g Ilk 11111 chapter shiall tic interpreted as restrictingtile us Of areas and features, or interest, therein, which become a part oifithe corpus exprss r imlie, infavr ofAny of the trtist in accordance with the ternits of this chapter and in any .11 vIstling ill any future casenieit xpesoripid.i avrO respective conveyances and transfers thereto. To that end thle trustees utility o~ ~ ~ ~ ~ ~ ~ ~ ~~firc whithrhlr ho a eaeiinfopul urpoe. itay adopt and mkiodi~fy rules anid regulations for the use and ersinyient tti) 'fItIjsr. itatura arid rebiedlc cultural areas anid fetrswihae of such trust properties by the public, anid may employ or appoint agents atUqited ai I eritAge Preserves inr .ccordance with thle trust p "o to act on hi eafinteaagm tofshprere. thils chaplter ate hereby declared to be as suchl at their highest. hci-t and HISTORY. 1976 (59) 167 Mtost important use for the public benefi.IeSte tyaecelro, trcskiatch and Practier Referecescc - local or county entities of governinent, or public utility which has the '16 An.Jt. Par . 'K iiiwnheet tDomain I)$~tJ tle-k.9 poiWer of condemnation by law niay acquire by purchase. gift OF em~inent 761ts jr 'Id. Trimts #I 71. IQ. Elo.t1tain all easemenut at other intetest in any property comprising a park ") C-J-S. Filtlictu DoiltaillI 74-75, 86. tif rthe cot pus of tile heritage Trust; provided, howal-ier, that before any 89 CJ.S. Trusts 1 92, stid ItCondemonatiotn shall occur a Eourt of contpetettt juristhiction shall A.Lit. and L- Ed. Annotiationsi dvc-letitone the following: (I) ThereC is an unasolidahle arid imperative PUC o inil d lialls as1 twil~etisctairi arid ubsjofi 0 tirim v 1ticcf.d ra .I'llblit 11Aeesity Ilhat thke property Or itesirest theresin be tAret for atiother ..bluc dieel titd~i~issiwiior alciic1trw insi 35 jk.L.jt.3d ~ J.,illic tuse; (,I) that lthee is no feaisible and prudeilt alternative for thke jil'opoad use for which (tit property or Interest tdmiciii is ito be taken; arid S51 7-100. Registration Of heritage Sites; procedures. .t) alkt like proposal for takiutg Ili. lodes .1ll possibleC 1lanniittg Ito iitiiltiiiz In anm case u~licerin a priority. fealtrur i! efoter tisisuited of it1"%itas ~ble t11C flat tit done to sutlt plasipetty testltiating trout sot II propohusedl usc. WAltti C fraqiiinisaHrtg isre tetraiso i tie-nn si IIE: toutlI dteems appropriate, a1 Public treat iig shrall be: ctudidcted prior tt theower thro atrcqt uchfrits ittiponasic ba reitgePbV', Cmisseiong fit J~:jjtil like Court's decision to allow totitnitentu arid itiput thereto. tsai letone itheg- Site troutgh ii SUhe follo isng 1oiaie registratlf;ionpoetiic No city, county, public disrict. agency of Lihe State Or public utility oa sahitgStehruhtiefo lw n r giraonpretch tile State shall acquire any real property wltich is a part of till cot pus of (1) The department through its researcht anid consuliatutio with the tileHciiagi Trut thoug conemntionIiartil puiost:of tiliing owners of properties selected as priority features shall notify the boar-d Of such proper ty for aisother public use unless the acquiring entity pays or toehc r nutdo nvial o eiainbtfrwihii transfers to tile Heritage Trust sufficient compenrsatioin to citable tire owners have made application for recognition as Heritage Sites Iitrouglt oper-ating entity to replace tile real property and facilities thereon. The registration. it usree ofithe trust shall have authior ity to uiilite such proceeds to acqaiirc (2) TItle board shall review such apfplicaiions arid shall recornmnstd to -additiontal pioperty for tile trust anid to otaititain those: propei ties ushtih file Commtissiont file approval of those which it dc-t-niis wortIlI of fur Ilk tile corpus of tile I rusk. Pichuesevatiots ilmough legistratioti as Heritage Sites. (7) lThe coutniota law of South 'atohina jsertaittitg to trusts shall be t1s3plciotsfrrcgiin sHrtg ieswihi ett .applicable to ithe Heritage Trust atid it) all -areas or features, or finlet es[ hsaPi`filborecgtonsHrtg Stes vioitdcr thrcurei. ageliit becortte a pail of thish corpuis Wit hout lit amay Away hittii lsrisai prpit o asyigottePt oe fthis itiisie [lie geterahity Of thle fot eguintg , Sods Iit Lsshtiot! shllath hi11 fil %,.kit a, 4.1 1-1 Upi n itlilpt us l of itl .ipplict'.tots bfy t[lie (ttitittislooii , like ii usiecf. Aitt dhe rlUst bhall e et ittti i e IIIIIII as IO ally paii ic o.i r11 .tt Ca.1d '~Itpattlett tttii Ct tttl iltu .i U111tilt agreet,1ti11 it ilI-ghistliat in %n wilt h i e.it tire. ut. ititerest tinent ii.Only triitu i utah failurte 411 tlike tnitciidtd A tier of' the f Cature conkt etlte whet thy lit! ,ioic al hiil giveph t polt'iSit Aity tIbsNinitlitonl of ilielat'ii cte or le01tl ,1onoft t trust as it, r C"Jgoifltorto" h tt)ateofteae rfauea a I letltagerSite ,tid 11t hp*l Iitill.ir .t eav or It-aturies (it $otiniests [athist cii shall oct tr o11iv after tie ous ierV shall CK)exp essItu intent ato Illeseive it. lpjut opmtv.n jidticial actiont isheicintilte herteliciartes tire adequsatel% (5) ' lIke deparitnens shall el ecC arid miaititain ali ap~prfiptri.ile sigion 0,tilt I.-p jiti.ttled. .tnd skt-ilt totarl lateiuie sliil ntot inl ally way aflec~t till: heritage Site indicaitiitg its tecognition anid 'lie owner thcereof sha~ll lit: 1,11.11muititll ,uilte prloperty XI tihti rIte fot pits of (lie trust. given a certificate ackisowledging its registration. E- 97 IkITlAGL 'I'UST1 PROGRKAM 5-1.0 ~ 51-7*l1O PARKS. RIECRFATION AND TOURtISM applicable (Ollymille. registration agrecement and thle rules and (6) Th1e registrationt agreemena $t ay be tcrukunated by [fie Owner Or thke regulations lf' tile.Commuissionl applicatile thereto. coitllulus~iot ai any snake upon tilirty days' toiotficationl to [lie otiter paity. Neither dile acquisinion of any I eritage Preserve nor tihe registration of Sutit aerilillllzttull shall remlove thle feature froal tile lleritasge Site P1 ograill .aiid .tay cei tifirate pleViously issked tIIerelfr OF sign 4fr-C(Cd shall lie *111% ficritage Site nor ;any action taken by tile comm~uSisson lunder any of returned i tile depatment by tle propeol owner. fie lit -~ sioms of this chapiter sluti void or replace any protect i% c status returned to the department by the prope. ty owA nr.ider la%% anuaihan daca umoild lteive %uere it lint a 111 It'lPteserve or- (7) Unless thle registration agocclikent is terminated, like otumier of a lrtg ae leht5~tv r~s~~ 1tn ipe ~it ficlltttige Site 3.hall1 maintain its essenttial natural Character. HeiaeSt,[i rtciePrvsoso'ti hle en lila lotY; 19176 (59) t417. uplfcatdito 11lSrT0tv: l97b IS~ll 11.07. 51-17-1 10. Funding. '[hle tfepattmniclt shall include those costs laud operatintg expentses lict-Clal ~ for misc activities ofthr commnission amsd thle board as %well as staff (I) Collber% atiol (Offcer S. pasrk rangers and forestry matlgerb. as %well I-, Itpllport to carry bitt thie jpstovkIltis of this chapter ill lile amtnual State all Other State .sti focal l-eioctettoflicials. shallla~ hartificial[%t)tttt .Appuiup attoo Act. liuiditig for manarigement cofateas and features whichr enol~rce time protlsiolls of this chapter. tklkt~ lc hertage Preserves shall be specifically requested by [the (2) Thle Attorney General shall etiforce file cotmmission's rules, atid dcliot11incil GI that entity of governlimti respotisible for matlagement regulations both as they ;apply to (hose areas dedicated as uell as those tltct cof. that are subsequently made a part of tlte corpus of the South Caroltila 'I hke coluitnsslon shlall select those Iheritage Preserves for tile use of Heritage Trust. In exercise of this authority, the Attorney Genealmi tilay. %,hnttli at deems, reasottable and appropriate to charge ati individual tlser Amiong other things and it the commtissiona's request, ant action for fee The departnient is authotizedito sell surh laser ncrmal!. for a cost not injuitctive or declaratory relitef it any cottrt of competent jurisdiction. to exceed five dollars. and to be valid Cut (lit fiscal year in wiittch issued (3 (a) Any person violating [lie provisions of this chapter %where thle at all those Heritage Preserves where it pertiidt be required. At thle end of damage to the property does not exceed five hundred dollars shall be [tic fiscal year. [ime department shall disttibute thtose funds collected decitted guiltyv of a mnisdetmeanor and upon conviction shall be fined not thereby amocng the agencies atid cmntitle of go,6cratfent assigned more thtan oiw httndred dollars or be imprisoned for not more than thitty respunsibility for management in direct proportion to the acreage whicha days for each offense. they, nanage. The proceeds of tite sale of such user pernmats shall be used M .Any person violating tile provisions of rthis ctapter %where thve it) formal thle Inana geineilt expetises. damtage to thle property exceeds five hundred dollars s.hall be deetied Ali) funds received throttgh sale, exchange or otherwise oaf anyl-eritagc guilty of a msisdemteanor and kipoti conviction shall be finled not less tialln Ili est-i % e acquired under this cltapter, or any products thereof such as Tit hundred dollars nor mowre titan five thousand dollars or be iltp1rmtrtbd tttthe. ttittyeasitentrigtt iitd he ik, sallbehel intrtstby he for not t"lore [Ilan six Monthts, or both, for each Offense. k "Iffil'I(Illt~aatd usled exclusively for the purchase atid maintetiance of tlte ltiS'tORtY..976 (59) 1607. .,t .A .11( Miler ICLres acquit ed as I ettitage Presecrves. if 13t1 may: 19716 (59) 1607. 5 1-17-140. Maximum acreage to he acquired; written approval 51-17-120. Certain &areas not affected. o o nydlgto eurd Nothng orreatin i thi chpte shal b cosmir asintrferng idi Not more thtan omle liundied thousand acres total of real property shall othe ingili sotiaited itt tieetabishmn ctiptesalb consrue p asingterferng S tlair be acq uired in fee under thle provisions of tltis chapter. Moreover. [lo acquisitioaltsitail lie tolade utider this-chapter in any coutity without mritteti lot.11 Harti, preserve. %wihdlie refuge. forest or other area or tile Wr iti allpioval of a inajotl ly of' tile cotulty delegation in like cotinty where steel% ti1.11tagemtemt -anid developmtenit titereof' except that aiiy ageilcy enatairierpry slctd .0 .t e~t r Icatti eacquied a a I eritae Pt serveor aHertg ieuie ISTORY. 1976 (59) 1607. like plouvistolls (if this, chtapter shall isreserve it in accordance w-itth I;,) ~~~~~~~~~~~~~~63 STATE PoRers AuTnotrITy �5-- t asii lttrr tes frown the nature! GI cited in Gertilan v South Carolina dime acittity Lealld"Clett hy IIhe Polls Stake Parks Authority. 295 F2d 4131 aa,1h::jtiy Amrcniel.t H-oesch. lac. v (1961). !;Iraiskiti Aubade. 316 F Supp I 103 CHIAPTER 3 (13 SC 1970). South Carolina State Parts Authority �54-3-20. Appointment and terms of members; vacancies. Aaii,.t L I t~teatt4.ti and Orgaisitation. Tfe mnembers of the board shall be appointed by the Governorf, Ami.i us 3. Iialmposcs And Powcrs, Cemierally. witls thle advice and consent of the Senate. for terms of Seven Years Awmisl. 5 Sulseti xiiomt of WhArves. Warehouses and Other VA( 11tics. each and until their successors shall have beeta appointed and have Aase tt:tLk 7. Lienson. Repairs aod Rnemoval of Whaerves, Duocks and Other qualilicd. In the event of a vacancy, however Cau=d a successor - Sit sniaresu . sisall be appointed in the manner of original appoiustnent for the Aas im-1 9_ Patitcularl' PWettS as 1o t Irbt tr and BAY Of Charleston. umxie em Aitcr in3-mijs. 1,4itoi uepiedters. HIS I'RY; 1962 Codek 1 54-2; 1952 Code 1 54-2, 1942 (42) 1535; 1957 (50) 30. CAISE NOTES ARTICLE I Stated in South Carolina State Ports Authority v Seaboard Air Line Rt. Co.. CREATION AND ORGANIZATION 124 F Supps 533 (1954). Sut. � 54-3.-30. Organization; officers; uneetintgs. 54-3-l20 Are.u-asstic as ad tuirnihcblt of Srtate" Pocns utmries. Th1ey shall elect one of their number as chairman and one as 54-53-0 officssmsers ; atstidne a ice-chtairman attd shall also elect a secretary. 'Me board shall .54-I-S-l i-ib meet upon the call of its chairman and a majority of its members shall constitute a quorum for the transaction of its business. � 54-3-10. Creation and metnbershtip of Slate Ports Author- UIS*17ORY; 1962 Code I 54-3i 1952 Code 1 5--3; 1942 t42) 1535. ity. Thec SAIItsth C.Atolasa Stale Posts Astidictity ib hereby created, �54-3-40. Treasurer. fottsisungI of and governed by a board of Sevens members,. which The Authority shall select one of its members to serve as its shall hieetitslialtt for the puipose: of brevity laid convenience, be treasurer. The Authority shall require a surety bond of such referred to as the Autlsorit). iSppointee in such amount as the Authority may fix and tite lilb'10RV; 3962 Code � 544I; 952 Code 54-1; 1942 (42) 1535; 1957 (30) 30. pretiium therecon shall be paid by the Authority as a necessary 'expetise of the Authority. CASE NO'I'ES III&F~~~~~~ttS'ORY. 1962 Code � 54-4; 1952 Code � 54.4; 1942 (42) 1535. A sibea t n Ao)il. Meiumi) is a suit by airite. tilice "lay he no remoncval of tte, State Sisosli Caso-iia state Ports buth sunt to a FedemaA court on th ATCL Ailthotity v Srtshisaid Als ITisle It Co , ground of diversity of ititektnsiip. PluRIOSFS AND POWERS GENERALLY 124 F Ssspp 533 (1954) South CaroalinA State Ports Authority v Mle Aodstlot). As agt .tgesicy of tlhe Seaboard Air Une R. Co., 124 F Supla Sac. State. is Also t an ia3 I setO A iOAK of 533 (1954) 54-3-i to. Stale nay unpiove haricboms and seaports through Authority Ifi Sal. ll'l bacsle i s oVsersjM' Wie fLcnd nedtotigity 54-3-120. jurisditji~iij of Autdority. sieSate. l -Inpill hafiiae 5 ted tewielo levtil At[esdner 54-3..330. Put poses tifAittalistrity. State, in Jle I'e lt isi am e of il bill3 itiitially -It Appeals k hat power to sue S--3t.Per fAhrIty ftssu ittitis. u liiI Is at inaedttby ol ad hr sited in thle statutory language 5403 Poweritsti, tif Auiriprty. A gossCi itimissiAl .Ini ..-Irl. batei Ca.0-~ ( at tg thke Autho~rity ducal tot ':onstt- ~ ~ ~ ~ wt s~~ ocrai iiry loutStae 3sssis taiilioi tt v S,,aboa ld itii I a waiver of Eleveisih Auttctidittetit 43710. sweols Wiall& St.tte pmtoocertyktpopry Aim t ite Rt 4 o. 324 1- Sopp 53i tsssttMitiity. atmd takt if such immlus'ity (1954) htas tIsiele bent wassed by tile State 56-3--I80 lv~~ieit3 prstpetty. retitoval Dr strissiures.47 � 543110 Poi'.iS AND MA~~~~~rriuL M~~rIF~~tI, STrATE PoRT's AIJTIORITY �5--S 54-3-191tc, l'Jl .ot l5 ANDui MAto1111 tMAiTIVS.Ies ibarii ido therm, which are intended to br-oaden and not to restrict anty si loc II ,4J'l 1, 111ie S1.1cs reid ertl ~ U n ite other powers given to it ill this chapter. ria lnely : 54-3-200 Ijblao 1 ,,oiian-110611 1 d C-oa ,aIs,, (I) To develop and improve tile harbors "I seapOrts of Charles- 54-3-2kO (a.toisulidtiUil MII00coikkpuyccs. ton., Georgetown and Port Royal for file hanldfling Of water-bornec 54-3-23t0 Figi a-iad j& loo.si comnierce from and to any part of the State atid oilier states and 54-3-1240 lialmi~d ports foreign countries-, 54-3-250. Imliccaiufn of oatxl0r vehifits Pror to exportatlolt (2) To acquire. construct, equip, maintain, develop and improve �54-3-110. sate may impove harbors nd sealsor"such harbors or seaports and their port facilities; � 410 taths mrough Authori n saoty (3) To foster and stimulate the shipment of freight and com- Through utheoritY, merce through such ports, whethier originating within or without Titron he Authrity the .St~ate may engage in promoting. the State, including the investigation and handling of matters developing, conistructing. equipping. maintaining and operating pertaining to all transportation rates and rate structures affecting 'lit harbors or seaports within the State, namely Charleston. hsae Georgetown and Port Royal. and works of internal improvement (4) To cooperate with the United States of America. and any incident thereto, including the acquisitionl or construction, mainte- agency or any department. corporation or instrumentality thereof nance and operatton at such seaports of harbor watercraft and in the maintenance, development, improvenient and use of such terminal railroads, as well as other kind s of terminal facilities. and harbors and seaports in connection with amid in furtherance of the bell line road& or highways and bridges thereoin and other bridges war operations and needs of thle United States-, alnd causeways necessary or useful in connection therewith. (5) To accept funds from any of the counties of Beaufort. ItI 7,1y; 1962 Code I 54-1il; 1952 Code 1 54-tI 1 1942 (42) 1535; 1956 (49) Clharestott or Georgetown. and to use them in such nianner. 1794. ~~ ~~~~~~~~~~~~~~within the purposes of the Authority, as shall be stipulated by the Research and Practice ftel'Cresices-- county and to act as agent of instrumemttality for any of such 7te Am ]it nd. racirrs I 82rec-8 (35 12S. NA~iav,.tI Wiaters I t2. counties in any miatter coming within the general purposes of tile Authiso ity; CASE NOTES (6) To act as agent for the United States of America or any Q-1.ted in SUowh C,,riIut. -Stir agency, department. corporation or instrumentality thereof, in any l'oi-i Atish..niy vSc~ldord Ali tsan R n-atter coming within the purposes or powers of the Authority;, Co~., 124 F Su1,p 533 11954). (7) To cooperate and act as co-assurer with thle city of Augusta. -isdiction o f Authority. ~~Georgia, and the Georgia State Ports Authority in furtherance of � 54-3-120. jugidcino Athoiyte river developmenit project known as the Savannah River The jurisdictioii of thle Authority in any of said harbors or Project Below Augusta, seal~ltSwithin te Stte sallexted ovr th watrs ad shres(8) To promote. develop, construct, equip, maintain and operate of suds, harbors or seaports and over that part of all tributary a harbor or harbors withits this State on the Savannah River, and sti eains flowing into Such haihors or seaports in which the tideinfrhacetrofav alofhepwr. upssad atbsuc handbors and shall etens oteotregeo.h ue a authority giveni by law to the Auithority in reference to the harbors a11t0Y iud 2 har ods or 5412ea5ports.-1i192(4)15 and seaports of Charleston, Georgetown and Pori Royal; and ilisr~y: 162 Coe � 4-t2,1952 ode �4-12 1942(42) 535.(9) In general to do and perform any act or function which tiay As o WIFic~nsP~nngad(raiaigAt sererIc4--1 o 49 tend to or be useful toward tile developmenct. and imiprovemnent of 3st-50 euac5IIolt udCoodf~t~ c. e I4--Ot such har-bors atid seaports of this State and to. thie inc rease of water-borne comiterce, foreign and domestic. through ouch har- � 54-3-130. Purpobes of Autitority. bors aisd seaports. lime Authority is created as anl instrumentality of like State for IIItS71`01M. 1962 Code � 54-13; 1952 Code 1 5413; 1942 (42) 1535; 1956 (49) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~478 E-90 STATE PORTs AumHoarn'ITY3- CANE MiNOTES. any Federal agency for any and all of tihe purposes authorized in SI It Id III SIoIt C.11.1111A SlawePei this chapter and expend such mockeys in accordance with the Ameimnnty St% s Ai lis.m It Co,, directions anid requirements attached thereto or imposed thereon 124 I- Stipp 533 t1954) by any such Federal agency and give such evidences of indebted- �54-3-140. Flowers of Authority. ness as shall be required by any such Federal agency, except that no indebtedness of any kind incurred or created by the Authority In order to enable it to carry out thle purposes of this chapter, shall constitute an indebtedness of the State, or any political tule Authority: subdivision thereof, and no such indebtedness shall involve or be (I) Shall have file Powers of a body corporate. including thle secured by the faith, credit or taxing power of the State, or any po~wer to sue and be sited, to snake contracts and to adopt and use political subdivision tlsereof, a conilu)(f seal anid alter it as tnay he deemied expedient;(1)ayctsagnfothUnedStsofAriaray (2) May lerns, lease, buy, oWn,. acquire. Inortgage and dispose of agencMy. deac t.a croagent for inthueUntaited Sttheseof, Aicao any such pi iopel ty, real or personal. as thle A uthority may deemh proper mattencomin dwtinteparposent orpowrato or intruentlt Atherof.intay; to cars y out thke purposes aiid provisions of this chapter, all cor any m a )Ma adomigpwthi ather orurepoeais own polwes. ofthes Aundi of Ilul I1 a dpateroreaitsonblw.ruls;an (3) ady aCquir~e. L01sIRtICt, maintain. eqtiip as-d operate wharves, regulations governing the manner in which its business may be docks, shipts, piers, quays, elevators, compresses. refrigeration tranisacted and in which the powers granted to it may be enjoyed storage plants, warehouses anid oilier structures and any and all and may provide for the appointment of such committees, and the fd~ilkiies needful for the convenient use of the same is) the aid of functions thereof, as the Authority way deem necessary or expedi- commrtnvce, includitig thle dredging of approaches thereto and tile ent in facilitating its business; soiitinctonof belt line roads and highways and bridges anid (12) May do any and all other acts and things in this chapter causeways thereon and other bridges and causeways necessary 'or authorized or required to be done. whether or not included in the useful in connection ther-ewith atid shipyards, shipping facilities general powers in this section mentioned; atid transportation facilities incident tlieteto and useful or conve- (13) May do any and all things necessary to accomplish the stient for alit use thkereof, including terminal railroads; purposes of this chapter. and (4) May acquire. construct. niainiain, operate and contract to (14) May promulglate rules and regulations governing the use of opciaie ili aisy of' said (ounties airpoils. seaplanke bases. llaval or doitsg business an the Authority's property or facilities, includ- bases aiid aisy oilier facilities necessary or useful in carrying out ing the adoption of safety standards and insurance coverage or thle 1iiis poses of this chapters and of thle Authority; proof of financial responsibility, and may provide for the licensing (5) Shall appoint arid employ and dismiss at plesusiic such of persons. fig-Ms of corporations using at- doing busiiiess on such ciuployees as may be s.elected by the board of tile Authority amid property or facilities, and for license fees to cover the expense fix aiid pay she cusirspensatton hihci of; thereof. Licenses may be revoked after notice and hearing by the (ti) Shall ebiablishi all office for thle tranlsactioti of its htmsiiies il Authority for wilful breach of or failure to comply with such rules thle Lity of Clsai lesion anid such oilier offices within autd without and regulations. the State as fimly be deemied by the board to be nccessarn or useful But the Authority shall not etigage in shipbuilding except upon ill cal iYmisg out [ime puil)05es of this chapter; the unanim~ous vote of its membsers. (7) May Lleate anid operate such agencies and depaiLinvats as HtISTORY: 1962 Cade � 54-14; t952 Code � 54-14; 1942 (42) 1535; 19S7 (50) thke hoaid mkay deeiis necessary or useful for tihe furtherance of any50 of [lie purposes of this chapter;, CASE NOTES (8) May pay all necessary costs amid expenises involved its and ilH ideiit to thle ftninaiioi anid organization of the Autliot ity and A suit by tile Authourity is 1 Still by SUCH suit to a Federal court oil tile ioui(iit ie admiinistration and operation tiereof aii( al otr the Sitae. Sonth Carolina State Ports Wiound of diversity of cititciialiip. If~ ~~~~~~~~~~Aiua v Scboi tAen Sstie R mio CAroflna State Port3 Authornity (4sts anid expenses reasonably necessary or expedient inl carrying tclmir ir F SnpRpCo.51,2 thtipp out aiid accoimiplishsiig the purpose!; of this Chsapter; 11FSip533'1945! (19J54). (9) May apply for amid accept loans and giants of mnimey from Iclecc, there: Tiny tleie o rallovAt of W~aivei of Elevemithi Aiumtcadukeiii481 480 8 E -91 *54-3-140 ltaittS 4NI5 MAKITitiik MATrEItSS-xF otsAniiT atauntly-It hail a.,.s,'r to sue AaiI,,..l,. ~~~cotafers tile p~ower of ennuitent dlomaai of coaapensation may only be obtaiaaed 11*1111Y.Ii i~f-Al Aw somcSleanislaip Au-al 6 'its Supp.1 I IJ upan thle Pl'oa Authority. South Caro- -,ias ad by a returts" to ahe otalke asl aita the II fatla.n %Ehaic'% l.aut~g (1)ti Sit: t1970an tr-h)S~u lina State Pails Authority v KAiser. 254 provided for in Co.de 1962 1 25.1 11. (I'Ati h l~~~tataAtnnit.Aul'iy1,Nn ilsa (.tai [kg Sto e antl fsAuhrityC under SC 596. 176 SE2d 532 (1970). and by one who has an ntet-est kit Of aaaaaaany INd thatc of 1,ruch Atanticnauty te ScIn ratgathstieigto But at does aut specify stie proceduke lien upon property at able little. Stautl has 111decd [well ssa,ual lky tiac State lutie .Atd fire wtilo gvn a IeAS AS. fur ilte Fsi*ct* lkttOiof CVidettcC tO a cuii Carolitat Slat, Ports Autitot lay v lkit- thatwaler aase humthett~aaar ofBAteillan v PoathCtln tt 'rts dctsttalatOt hcearill$. South Carohlia rer. 254 SC 596. 176 SM~ 532 (1970). th Wlker allis iling liactard by he Poft Aualkotaty. 298 I' Stipp 999 (I SC State oruts Authority v K.taser, 254 SC neit pasntficsttohw ilia Aii~ii tandrard y li19Part 596. 176 SE2d 532 (1970).Ideitepasntthteatoho Authority Amaerican Illesdt. file. v 9) The rule iln thi Slate is Iha, hbe had faith.-Wharre there is ant inulnedi- decision of tlte 9uestiots of raecessily age 'Iteed and nsecessity bar the condens- � 54-3-150. Acquisition of property. lies wish the one to whanst ilte State.hlsa ned 119operty. the Mere fact tiact PLot's delegated the authority to taie Plop- for coattetaplated fiuture: uses of tile For tse acquiring of Fights of wyand property necessary for C r y o r apbius kis glut subject property w eentyet liarct asr deftatite tile ctoatstruction of ttermitsal railroads and structures, inscluding to review bsy the Supreme Court in thke wtould he inasufficieats to show either tait oad et ossings. airports, seaplanse bases, naval bases. wharves, absence of fraud, had faith, or clear had faith or Abnse of discretion in ~~~* dk l** f/ ~~~~~~~~~~~~~~Abuse of discretion South Carolinsa condemantiaon of property Soutla Car- picvs. ships, docks. qu~ays. elevators, comspresses, iettigerator stor- Slate Voats Authority v hVatset. 254 SC olina State Ports Atathority v Kaiser. age plants. warehocuses laid other rap~aiian and littoral terininals 596. 176 Mald 532 (1970). 254 SC 596. 176 SE2d 532 (1970) and structures asad approaches lthereto and transportation facilities A jury tra" to drtertasiine the autaourat nucadful for thme cotwvasient use thereof and belt line roads and haiglaways. causewVAYS alki bi-idges atid other bakidges and causeways, 4 310 oeswt epc ocranpoet. mad for the acquiring of psoiperty necessary for the river develop- �5--6. Pwr ihrsett eti rpry agenit project Lasown as tile Savatsnah River Project Below Augusta, The Authority may exercise in reference to any property, assets, anad for file acquiring of property necessary for thle development holdings, leases, contracts, rights, franchises or licenses conveyed of a harbox or harbor& witltin this State on the Savannah River, all to it under Section I of Act No. 216 of 1945 (Acts 1945, p 365) all cor any of such purposes, the Authority may ptsrchase the same by of the rights, privileges. powers. itisaunities, duties and functiotsis ttegotiation, cor tsay condeann thteas and shonuld it elect to ekercise conferred by J� 54-5-10, 54-5-60. .54-5-80, 54-5-90 and �� 5- [tlc lighst of casumeust domain, condenaisationt proceedings shtall be 3-5-10 to 5--35-40 upon cities of this State having a population of st1aliatnuaaed by said its the naasae of thle Autttority aasd it sassay fi~fty thousand itahabitants or more and upon port utilities comanis- 1sroceed in the anannser provided by thle laws of the State for Slont5 of such cities. pt oceture by tany couttly. nkitastailialtty or autlaotity organlized HISTORY: 1962t Code 1 54. 16; 1952 Code 1 54. 16; 1945 (44) 363. uittler the laws of this State, by the State Highway Department, by raisltaad covporatiuoss or its alt) (enter attiatter provided by law, as thle Atttltortty may. its its discrettoit. elect. '[he power of etniasent � 54-3-170. Use of certains State property. dotaitni shall apply not aisly as, II) all propel ty of private persoats The Authority may take, exclusively occupy, use and possess, in ot corporistitaus but also as to properly already devoted to public so far as may be necessary for carrying out the provisions of this use. chapter, ally areas of land owned by the State and witaifrtitlte HIlS 17OfY: 1962 Codle � 54-1IS 1952 Code � 54-1iS 1942 (42) 1535; 1958 (50) counties of Beaufort, Charleston and Georgetown, not in use for Iasit. State pua poses, including swanaps and overflowed lands, bottonis Cro~ss referncrach- of streams, lakes. rivers, bays. the sea and arms thereof atid other As ito State Atailioruit,4 Linateut Iuntamat Act, see 61 28-3-10 to 28-5-1410 waters qf the State and the riparian rights thereto pertaininsg. Research and Piractice heferctieas-- When so taketi atnd occupied, due notice of such taking and 26 Asia _Jir 2d. Eatsttaet ttotanatilI 32. 53. occupancy havitag been filed with the Secretary of State, such areas 29A CJS. Emintetnt Dotitaiti 1 23. of laasd are hereby granted to and shall be tile property of tihe CASL NOTYES Authority. For the purposes of this sectiots, tihe tmeaniasg of thle finaciallicknai -'lic Adira isScabm d li Lne . Co, 12 V S p p terana "use" shall incltade tlse removal of nsateriasl frois and tlte KIVCattlAset doitatCiaO -CIIarCI Atitoital. 5ebtadA lt t.C. 129.4)1 SP~lacing of material oil any satch land. In case it shall be held Isy gaiveltal pancrik Sl rtaeate Phatils atboi 533ksc.11 JoC16 (541951 any cotart of coitpetent jurisdictiott that there are iany lands owited 482 8 E-92 S-xarE PoRTS AUTIIORrrY � ...... � 54-3-170 PORTS AND MARITIME MATTIERS STATE RTS AUir p United States of America, or to the appropriate agency or depart- by the State which may not be so granted. then the provisions of ueited thereof Aucmr oite mtonys belonging to tlae Author ty as this section shall continue in full force and effect as to all other mae be found needed of re onablys belonging to the United Staes lands owned by the State. The provisions of this section are of berica to nee d ed ot reasonably required by the U- subject to all laws and regulations of the United States with of America to meet aid pay the amount ofjudgnts or condern- resubect to all lavs and regulars ons of the tited Stares with nation, including costs, if any be taxed thereon. as may from tfime HIrespect to nagab1962 Code wat17; 1952 Code � 5417;rs to time be rendered against the United States of America, or its CHISTORY: 1962 Code ;4-17; 1952 Code �e - 54-17; 1942 (42) 5. appropriate agency, or as ,nay be reasonably necessary to permit Cross referencesl and allow the United Slates of America. or its appropriate agency. As to public bulldings, lands and property, generally, see � 10-1-10 ect seq. to acquire and become possessed of such lands and properties as CASE NOTES are reasonably required for the construction and use of the facilities before referred to. Stated in South Carolina State Pons facilities before referted to. Authority v Seaboard Air Line R. Co., HISTORY: 1962 Code 54-19; 1952 Code � 54-19; 194 (42) 1535. 124 F Supp 533 (19541 CFos refercnces- s o aen d reee cl til ih he United Slates, Berally. see lTle i. As to gramsd of perpeual rights and casemuents to United States for develop- � 54-3-180. Exchange of propertv; removal of structures. mnct of -aterways.see to 3-5-10 to -5-190. 3-5S10to 3-5-370. The Authoritv may exchange any property acquired under the authority of this chapter for other property usable in carrying out � 54-3-00. Acquisition and operation of terminal ail the powers hereby conferred and also may remove from lands roads. needed for its purposes and reconstruction on other locations, The Authority may acquire, own, lease, locate, install, construct, buildings, terminals, railroads or other structures upon the pay- heui hold imal coqroe and operate at harbors and seaports ment of just compensation. if. in its judgment. it is necessary or equip, hold. minaain, control and operate at harbors and seaports a line of terminal railhoads with necessary sidings, turnouts, spurs. expedient so to do in order to carry out any of its plans for port branches, switches, yard tracks, bridges, trestles and causeways de'.elopment. under the authorization of this chapter. and in connection therewith or appurtenant thereto may further HISTORY: 1962 Code � 54-18; 1952 Code � 518; 1942 (42) 1535. lease, install, construct, acquire, own, maintain, control and use anty and every kind or character of motive power and conveyance � 54-3-190. Lease or grant of property to United States; or appliance necessary or proper to carry passengers, goods, wares reimbursing United States for certain acquisition costs. andd smerchandise over, along or upon the tracks of such railroads The board of the Authority may assign, transfer, lease, convey, or other conveyances. grant or donate to the United States of America, or to the HISTORY: 1962 Code � 54-20; 1952 Code � 54-20; 1942 (42) 1535. appropriate agency or department thereof, any or all of the Cros refcrences- property of the Authority for any use by such grantee for any As to railroad. sret railway, alcantboal and canal companies. ace Io 58-15-10 purpose included *nlthin the general purposes of this chapter, as er seq. stated in � 54-3-130, such assignment, transfer, lease, conveyance, As to tralfer of railroad operalltotn Irom Slate Pulls Authority to South grant or donation to be upon such terms as the board of the Carolisa Public Railways C.o01s1111iou, see I� 58-19-0, 58-lO0. Authority may deem advisable. In the event the United States of Amenca'should decide to undertake the acquisition, construction, � 54-3-210. Contracts with railroad employees. equipment, maintenance or operation of the airports, seaplane Thlc-Authority may mnake agreements as to the scale of wages, bases, naval bases, wharves, piers, ships, refrigerator storage seniority and working conditions with locomotive engineers. loco- plants, warehouses, elevators, compresses, docks, shipyards, ship- motive firemen. switchmen and switch engine foremen and host- ping and transportation facilities before referred to, including lers engaged in the operation of the terminal railroads provided terminal railroads, roads, highways, causeways or bridges, and for n � 54-3-200 and the setvice and equipment pertinent should itself decide to acquire the lands and properties necessarily thereto. And should the Autholity exercise the power herein given needed in connection therewith by condemnation or otherwise, then the Author ity shall lmake suih agreements with such en- the board of the Authority mav transfer and pay over to the ployees in accordalicae wathe cl. of Congress known as the 484 4a8 E-+3 � 544-2111 Ponrs A~~~~~~~~ti M~~utisiML M.~~~~~rat~~io, ~S-IA~rF Potcrs AuTHiORITV � 4-1-4t10 Ralil-ay I~ibutr Act (U.SC Title 45. �� 151-163) as amen~-ded ora and propr toahiv comline esawishig theFratinganTtde Zneti lie, ealler aliciendd Iit file enu that bitllI agreeltiicits as to !seniority Act and to carry into effecthetalsigopriigndssi- alk~l woikuig t~oltidiiiolis will obtainl as to such eunploye-es and like taiming of foreign-trade zones wvithinf tile State. bitaidiaidi rate of pay be provided as is in force relative to like HISTORY; 1962 Code 1 54-13; 1910 (56) 1972. cisllpoYves of interstate railroads operating in thle same territory cross Ireferences- willh tihe terminal railroads authorized hereby. As to c~rierar. 9COCU-211Y. Ice 11 58-1340 to f68 -4~0. hIsTORtY: 1962 Code � 54-21; 1952 CA-At 1 54-21; 1942 (42) 1535.24 Inndprs AN tO, ii~.Amlr of ra1Ifud4 ol~cratisis homf State P~ons Authorinty to SIouth The South Carolina State Ports Authority is authorized to 111ti~i I.hlic Raitwsys% col"Au.'ssiufl, see �1 58-19-30 .R 519-40. establish inland pox-is to pro'vide services for tile handling of lis 1 Ib r.1iicu .IA&rAd law. sce II 68-17-10 e c q. general merchandise cargo; provided, however, that no such Ill- 543220. connectng wit or crosing oher rairoadsland port shall be established unless it is designated as a United � 54--220.Co n n e t ingwith r crosingotherrailrads.States Port of Entry- by the United States Custom Service. The The Authority may with its terminal railroads connect with or State Ports Authority shall select and describe the location of -miy LrUSS ally other railroad upon the payment of just conipensatioii such inland port and may erect, maintain and operate or least alny anld lccei~e, deliver to and transport tihe freight, passengers and structure, building or enclosure as may be necessary for tile Lars Of collmmn carrier railroads as though it were ant ordinary e s tablityshalmaent ophuesadrguationi and daneineof n such port.lTer coinl on carrier. Au94etabihmnoprityo sall maknensc rls andeguatofs andyd such port.her 111COI:192 Cdei 5-2i 952 Coe154-22; 19412) 1535. things as mnay be necessary to carry out the purposes of this IIISoit 1962 Cn de 1952 section. Ai. so a~irdote oa raitfiead tprlui rain Suite P'oes Authority in Southi HisTORY: 1962 Code � 94-24; 1972 (57) 21178. (.41,411ai I'libifi RAIhI.ays C(.o,.omisbiloi. Me J� 58-19-3.68tO-t e.s eteCl ~~~~~~~~~~~~~~~~~~~~~~~~~~~~As o. eit4tslsuILw I 1-1 ci qA io CAmnier. geuer All. SVC 58-I 6S - 10 to 58 1 3-40. � 54-3-230. Foreign-trade zones. � 4l2 0 npion.o oo eils ro oepra Ilic South Carolina State Ports Authority is authorized to make �4--5. Isetion.o oo eils ro oepra ilppittation to the Foreign-Trade Zones Board for the pillpose of Nomtrvhcesall be exported to another country through ~st~blmsing opeatig. ad mantaningforign-radezons inthethe State Ports Authority unlesS the Authority has inspected the State, unlder tile act of Congress kisowis as thle Foreign-Trade vehicle and determinites that it is the same vehicle described on tile Zones ALt which provides for the establishenirt, operation and documents required to be filed concerning tile exportation of such Ilaiictiaiteanc of foreign-trade zones in the United States. vehicle. 'I tic South Carolina State Ports Authority shall select and de- H ITs'ORY; 1962 Code � 54-25; 1972 (57) 2122. sc ibete location of like zones for which 'application may be made ~And shall mlake such rules and regulations concerning the opera- Asocareretsw estm- i bee I5-31,6130 lion, amaintetiance and policing of them as may be necessary to t o ari Sgecily insbULe commpianes Willi thke Foreign-Trade Zones Act and for other AT~. app)ropliate purposes.ARrc. I tic South Carolina State Ports Authority shall have full power SPISO fWA VS AMJUE N ME and autliority to erect, maintain and operate or lease any struc- FAMiITIES tkures or- buildings or enclosuies as may be necessary or proper for FC thle establishing, operating, and maintaining of ally Stich foreign- 54-3410. Auttaurily bit-ll loave aenleral superi'VsIio of %VII.Irvei. wa. chooseS stadl trade zones inl like State Of SOtith Carlfinad. reli amnc failiines. T~he autihority granted to tile South Carolina State Parts Author- 54-.4-2t1. L...mI.aaiiuttio -ii fac~haso ~tiliticS. ity coinfeis thle right and dttty and power to do all thlings necessary Ic11111;malAriilvllitAffoiil 8 486 E- 94 t 57-3-6 IO I 1tIiHWAYS, DRIDlG(ES AND FERRIEb ST-rvr -iIGiWAY SYSTEM 0752 Attliji-LE 7 �5- 31. OWnersihip ofreal eState. I)IIIIEs AND pOWERS GENERALLY T[he State Flighwvay Commission and State Highway Department May own such real estate, iln fee simple of by lease, as shall he deemred necessary for thle purpose of facilitating the proper opera- 57--61 Gcc. poelf Siate hI ghway lDepariiiiertt. tion of the Department or for the building and maintenance of the 57-3-6239 Brutyingo Luldrti public highways in the State highway system. 57-3--640. Ds iveways and IAds it, State IM' s. HIISTORY: 1962 Code 1 33-12 1; 3952 Code � 33-12t1; 1951 (47) 457. 57-3-650. kttiuraliun, presevAtion and eallauscculent of scenic beauty along highwajs; jinforaitosin centers CASE NOTES 57-3-660. Streets. ruAdh An doIYivways Al st~le Institutions. oa1' he juethod provided by this section highway Dqpararsent is exclusive and 57-"-70. Cociperaton anid contracts waith United States Bureau of Public (sds tCode 1962 � 33-1211 and thle Follow- tihe tinat court has no authsority to mdi- 57-3-680 Fcdetal aid proieris Which Are no, PA" of State sYstemn. ing sections for condenmnatiou of land rccsly extend time for taking appeal in 57-3-00- ofritni coenty urcotds Wth ed rlfns. for the construction of highways by the such came. Burnell v South Carolina 57-3-7100 Countis lsall, nag~elnd t saai tdb a~ for datnages. Scate Highway Departatent is exclusive. State Highway Dep't., 252 SC 568. 167 57-3-720 Access lactittic- Ir State 110-115 stpping and warehousing facilities. Johnson v South Carolkin State High- SE2.1 571 (1969). 57-3-730. Cooperdtion wttl drAtniAge dassi iri in carrying drainage canals across way Dept.. 236 SC 4241. 114 SE2d 591 'lhiss article grants to the Stake High- 57~ ~~~hg-3-4)tt ~grAs (1960); Soutlt Carolina State Hlwy. way Department the authority to con- Sale of ,,nserrceable tnatenal and equipment.Dvept. v Spatmn. 239 SC 437. 123 SE2d dettiu lands for highway purposes ansI 57-3-750. ltetwsds AA;.1 he keps.tt (92.. prescribes the procedure so be fol- 57-3-760. Annual report. 'The statutory method piostrled by lowed. Buntett v South Caroltina State this article for condetnnisaion of land Highway tDep't., 252 SC 568, 167 SE~d � 57-3-6 1 0. General powers of State Highway Department. f r hgwyproe yteSae51(9) 'File State Highway Department may: � 57-5-3 20. Acquisition of property generally; liability for (1) Lay out, build and maintain public highways atsd bridges; abandonment after condemnation and trial. (2) Acquire such linds and road building materials and rights o eatmnmaacuranasemn orfesipetleo way as may be needed fo~~~~~~~r rasadbigsb ucae ito eat property by gift. purchase, condemnation or otherwise as may condemitatiosa; be necessary, in the judgisent of thle Department, for the construe- (3) Cause the state highways to be mnarked with appropriate tion. maintenatice, improvement or safe operation of highways in directions fur u ad cl atlid regulate the travel and traffic along such this State or any section of a State highway or for the purpose of lsigliways, Subject to the laws of LIke State; acquiring sand, rack, clay and other material necessary for the' (4) Condutlihiltghway research; COnstruction of highways, includitag (a) land for drainage ditches (5) Coope.-ate ,Iill; tile Fcdetal Goveintiteist in tilse construction itnd canals that may be needed ink order to correct existing land of Federal-aid htigljays anld Ites-lcarit in coinectiOn liherewith; draItiage facilities impaired or itsterfered with by the Department (6) instruct. ashibi anid coopcmttel will' tlike co"Itty .and oilier local inl COnnection with its road insprovetnent work and (b) property, governm11ent akillini nics in stiecS, highway and traffic: matters when either within or witlhout incorporated towns. to be used for borrow requested to slic) ht n,;id if rcqticsted by county and other local Pits frois which to secure embaiskmnent and surfacing materials. go'.inaien arthit tcssupevis orfurishengneeing supervi- Other property required, as deierinuted by the Department, for go,6411111crilautilillit, tapervie of urnih engneerthle consimstctiots, iiainmmeiance atid safe operation of State high- siont for thke cuoitit sniion tind improvement of roads and bridges. 11asmyb curdb odmnto ntemne ecie prov~~~~~~~~~~~ ~~~~~~~ide redte ontipi h eto't egvn the Itis as ticle. Provtided, however, after condemnation, trial arid highways iii tile Stamtc highway systemt; I rendition of verdict by jury there shall he no abandonment by the (7) Carry out hsigliway safety progransa; oeparttitemt without the paymetit of expenses incurred by the (8) Licenise alld teguiter mlotor vehicles and administer the I lamndlowner includitig a reasonable fee to the attorney or attorneys collection of licetise anid l egistration lees and penalties; 1", represeliting the lamidowner, which fee amid expenses shall [IC set (9) Exaimine aiid ni. tiste 11otor vehicle drivers; 31ntl approved by thle trial judge. 500 ~~~~~~~~~E-95 i b57-5-320 I 11t.m1WAYS. BRIDG~ES AND) VP MUMlS STATE: HIGHWAY SYSTEaMt 57-5-350 111STORY.. I1ma Co~de � 33-122; 1952 Coide J 33-122; 195 1 (47) -isi. 193J3 SE2d 591 (1960); South Carolina State Carolina H-ighwa% Department 's Bolt. 159. 1-l~~~~~~~~~~~~~~~~~~~~~~~ighsua% Dept v Miller. 237 SC 386. 242 SC 411. 131 SE2d 264 (1963) 159. II~~~~~~~~~~~~~~~~~~~17 SE2d 561 t1960); South Carolina Cited in Weiling v Clinton Nes-berrv Cro. efmemta State Highway ' Dept. v Meredith. 241 Natural Gas AuthcritN. 221 SC 417. 7I As 1'. 1Ammsmm',1 d'sm.141ait. genmerally. sce �J 28-1-10 tos 28-1-30 SC 306. 128 SE2d 179 (1962). South SE2d 7, 1952). Kcscmaicls Amnd Praciiic llcferecmic- ATTORNEY GENERAL' OPINIONS 20 Anitif 2d i. Ilglways. taccu aidimmiidi s 45 32 * Effluent from private sewage treat- has no authority to permit casting of 29-As (IS. E-minmcmmm lDmmmm.mms 5932 et sc+ 152 ment plant is sewage, and the South such into htghssaN ditches. 1967-68 40 (JS. lliglmms..mvs 1212. ~~~~~~~~~~~~~Carolina State Highway Department Ops. AtCy Gen., No 2604. p 327. ,I- Aims .g"A Jmi tolcllasl ofP landim termd.Eutiici Dmikudil.wmtayb)-3 ~npIiim � 57-5-330. minianum width of rights of way. pemAIRim. Jii VIte S.imi [Ii Kumleiiannu oftc AJ . matiid rukm . lmmglmw211ymm) ('V1) " Aid.lii arioc Pm Winmism SRv ). mimem ismmms.Eui21 e The minimum width of the right of way required for the 7 Akiim Jmi l.rg..I 1,oi nsm 2md. Emumincmia Domiamnm. 917.17 (ma~lef tos pummcm.ist lanmd consatrucUion, maintenance and safe operation of State highwa,~s is pmA~ mID t ~mkmmamis hereby fixed at sixty-six feet. But the Department may, in its 9) A... Jani I cg.i1 Foirim 2d. Ifiglisays. Sirensb. Amid Blidgcs. J� 134:51 et itq. discretion, accept a lesser width than sixtv-six feet within incorpo- 8 mJr" it.. o iu rmopert o ighwy pummpimsmtiomsI rated towns or where existing structure fapraetntr 81 SimJiel ilumdii~ioso RrlPoem o hgwyPmoe I would necessarily be moved or damaged in order to afford the full I I Atim limeItr ms Cummlemscmiiuis. of us-b~all Ploperiy � I et SCSI minimum width of sixty-six feet. And the Department mav' acquire 4 Atim PAR I'm oof of Facts. Emminenmt Dominmsmm Ptmfos No. I tprovimmg dammiagcs for such additional width above the minimum herein fixed as in its linimmg .1' lammm) judgment may be necessary to meet the exigencies of construction. CASE NOTES ~~~~~~~~maintenance and safe operation of any particular highway. HISTORY: 1962 Code � 33-123; 1952 Code �33-123; 1951 (47) 457; 1961 (52) llime (issur sit eiiintsmma aummaimm is Stmci I iglmAssy Dept ,238 SC I19. I1I8 502. mimhI"imIt tIns ssscrCigiiiy It is foummsces SE2d 1(00 i196 1). Related Local Laws-- m.)it'. lam, Iofi1ieemm Riley v' Southm Andi listm Sill~y Csosdetiii pliu)Srty For a local law concerning minimum widths of rnghts-of-ssav for Green~ille Lmmillmm.i stair Iliglshay MePt.. 238 -SC din"Acdm C. public: use-lIme Ilighwawy County. see Local Law Index. 19. 118 SI-2d 849 (1961). cilimig Pairii IDepjmmmilrilm. _,,mmg tof 4mid jim bschal~f i kii-m6m11ai-Im W-miei C- s (atim vitile. 1)0 mtme Smtime. is emmpowemced Ru mumimoleimi Sk. :M., 9Ii SE .145 11918) Imupci-my umsed as Aix orphlm.umgC. rs'en it � 57-5-340. Sale or other disposition of real estate. It misms lie drlebmaled U) is ~e Stair I. suiml psriperty is regmirded AN dcv.mile When, in the judgment of the Department. any real estate AIN dgimim mc Riley v SsmmiCmuim muammtlmisRlc South C.~lii acquired as provided in this chapter is no longer necessary for the Stair llmghimay Dept 238 St(. 19. 118 Stirmt lligh,,say lDepm., 238 SC 19, 118 SlI-2. 09m (1961). Aiin s~mimh vS1,2d 800 j1961s). proper operation of the Department or the highway sy stem, it may Cmm-isillm. 29SC 52.1)2SE~ mSS) l~mp~immmemt m .mmmmmsimimmv .iemm~ybe disposed of by advertising for competitive bids in local newspa- 4 9i)mt t1he Stair Amid is imisiimiiied to ac- pers or by direct negotiations, but in every case of the sale or DIkm~iiiscfal is agiii ASi bivrmm - qiiely cumsdcmasmamiomm aiiy lands Aim- transfer of any real estate by the State Highway Commission or I i-gu-d imt le a m14i's auiitliomme misc . iimsiiomom.uamiiai the Department, the sale or transfer shall be made public by pislli.ima .misl lm pipcit is amto thierc mgmmimSmiiCmmmi tm lg publishing notice of it in the minutes of the next succeeding miimis imml 1almimg si'lll ml-sIm iy u)lt mm.me as Dept. v St ImI fimipf. 242 SC 357, 131 meeting of the Commission. The Commission and the Department Bi~mll msiss thc siitlise Issimmer list, Ilse SE~id 44- (19)63) shall convey by deed, signed by the Chief Highway Commissioner iS,1ic Imiimsi J.iimmhssmy II) eXerCISe lime Emmmmy ul pimmgimerit mIol AulusmmF~ed.- and the Secretary-Treasurer, any real estate disposed of under this pimciml emimimicisma ..mi.iimli is insimlff- Mlm scm Aimsi I Code 1962 � 33-I 1221 amid section. mmiii mmiis'l i.iimilisIIIt kmesm beam gire s~ikklssei~mrnemi Aemll.m i)Claijia ut do no HISTORY: 1962 Code � 33-124; 1952 Code � 33-124; 1951 (47) 457. Ia)~~~~~de 3im5.m1 iilt.iiii 04mc ts asp- pm1 ivide tim emimry of judgnmeisi impui iii) I, m"ag of .-dn.. to by mtme VedI~lc of Jury SOURISi Carolinia SIaIC � 57-5-350. Certain easements shall not be sold or leased l~ir1Ia... D~ep111111,,1cmm. wvhiaA~ is all highway DcepL v SLdmmiliisf, 242 SC for commercial use. Ofgmi ulike simCICig1im sel1 ramiller 357. 131 Sk2d 44 (1963). Al~m .m aillian seriaie Lml"Awiiimmmii OR a Apspliel iii Ji4tsliisa v Sm"Illi Carolina The Department shall neither lease nor sell any part of the State iiiimmammaKiley v mmil Cam misima Staire H ighwasiy Depst.. 236 SC 424. 114 519 SIB E-96 9 57-5-1330 II;G11WAVlS, IBHIlD(GtS ANI) FtRIIES STATE HICIIWAY SYSTEM 57-5-1340 ";I'd appjlied oilly litllle Iir prposLs for which such grants ajnl Department to accept and pay for the property, but neither such tolisibtunons omay be msd;c, and undertaking or security nor any act or obligation of the Depart- m ent shall impose any liability upon the State except as may be (II) Il o do all acts and things necessary or convenient to cal ry paid from the funds provided under the authority of this article. out the powers expressly granted in this article. oIuSTORIY: 1962 Code s sy3-220.i 19721 57) 301t. If the owner, lessee or occupier of any property to be condem- ned shall refuse to remove his personal property therefrom or give Research abnd Practice Reference- Up possession thereof the Department may proceed to obtain 13 Aii Jur l kJ PE Forms (iRev ed). lHitghways. Streets, anld Bridges, Form 567 possession in any manner now or hereafter provided by law. (nompLilal, peillion, or diclaralion to rdforni and enforce contract withl highwsay cunminision to build acrcss road after turnpie colmsruction). With respect to any railroad property or right-of-way upon which railroad tracks are located. any powers of condemnation or � 57-5-1340. Acquisition of property by Deprtment. of eminent domain may be exercised to acquire only an easement heb y Department. ieeyainterest therein which shall be located either sufficiently far above The Department is hereby authorized to acquire by purchase, or sufficiently far below the grade of any railroad track or tracks whenever it shall deem such purchase expedient, solely from funds upon such railroad property so ha neiher the proposed project provided under the authority Of this article, such lands, structures, nor any part thereof, including any bridges, abutments, columns, pioperty, lights, rights-of-way, franchises, easements and other supporting structures and appurtenances, nor any traffic upon it interuests in lands, including lands lying under water and riparian shall interfere in any manner with the use, operation or mainte- rights, which are located within the State, as it may deem neces- nance of the trains. tracks, works or appurtenances or other sary or convenient for the construction and operation of any property of the railroad nor endanger the oveent other pluject, upon such terms and at such prices as may be considered propr trac upon the tracks of the railroad nor endan Prior to the trains by it to be reasonable and can be agreed upon between it and the or traffic upon the tracks of the railroad. Prior to the institution of by it to be reasonable and to take title thagreto in the name of the State. condemnation proceedings for such easement over or under rail- owneter thereof and to take title thereto in the namie of the ae o Stare road property or righ-of-way, plans and specifications of te road property or right-of-way, plans and specificslions of the Whellver a reasonable price cannot be agreed upon, or when- proposed project showing compliance with the above-mentioned ever the owner is legally incapacitated or is absent, unknown or above or below grade requirements and showing sufficient and unable to convey valid title, the Department is hereby authorized safe plans and specifications of such overhead or undergrade and empowered to acquire by condemnation or by the exercise of structure and appurtenances shall be submitted to the railroad for the power of eminent domain any lands, property, rights, rights- examination and approval. If tle railroad fails or refuses within ol-way, franchises, easements and other property, including public thirty days to approve the plans and specifications so submitted, lalnd, parks. playgrounds. reservations, highways or parkways, or the matter shall be determined by the Department as to the parts thterCeo or rights therein, of any person, copartnership, sufficiency and safety of such plans and specifications and as to association, radloltad, public service, public utility or other corpora- such elevations or distances above or below the tracks. The tion, or municipality or political subdivision deemed necessary or overhead or undergrade structure and appurtenances shall be convenhientt for ithe construction or tile eflicient operation of any constructed only in accordance with such plans and specifications cpioject or necessary in StIe rcstoratioli of public or private prtp- and in accordance with such elevations or distances above or rity tdfsutged or desitoyed. Stui c proteedig~s lshall be in accord- below the tracks so approved by the railroad or the Department as drer with -and subject to the provisions of any and all laws the case may be. A copy of the approved plans and specifications aplllcable to colalcumlation of property in thie name of thIe State shall be filed as an exhibit with the petition for condemnation. pIligimvay Deparinnetit. Title to any property acquired by the De- The cost of any such overhead or undergrade projects and appur- paiti ent shall be taken in thie name of the State. In any condem- tenances and any expense and cost incurred in changing, adjust- natior r proceedimg may make cosuch oiders as may bthe just to the ing, relocating or removing the lines and grades of such railroad or D epartment and to thnake ownersuch of e propers s my to be just to the in connection with any such projects shall be paid by the Depart- lcpartment and to the owners of the property to be cmxdrmrled nent as a part of tde cost of such turnpike project. and may require anl undertaking or other security to secure such owliess against any loss or damage by reason of the failure of the HlISTORY: 1962 Code � 33-220.4; 1972 (57) 3013. 554 555 E-97 ,L 5-t4 lIit;JJWAYh, BRIDGsES AND 1-4.K8is EtycraitC UTILrITIES 8c COOPERATIVES 5-aia Cl% F.Ference.- 1,,11Yfr157 SC 1, 153 Sy. 537, nor shall any electrical or other public Soii aiosli of piop.ilwy lot i IgIItiAy ~YsIWJiii KI-1Cl,m m lty md IilAi)fi utility now or hereafter he released Ea any extent whatever from .,i.Uiliiiiiiiialci OdOI,,II~iand Ili-J, ber 1 57-5-320. Ioui AutI.Uliics ktailiHcalt Doiioaili Act, 4r � 283-1-S-l 28-3-140. any obligation or duty now imposed by the law of the State of llt~~ti~rch and 11sitake Referalmes-- ~~South Carolina as therein declared. 40 Aiim jut 2d. IfiglmWAYS. Streets, amid Hi dges Ii3 833, 6 16. HISTORY: 1962 Code 524.11I, 1952 Co"a �24-1lI; 3942 Code 5 MS5-8; 193! TIA C ~ ~~~~~~~~~~~~~~~~~~~~~~437) 1492; 1034 (38) 1432, 1932 (40) 147. Ass jut PEi Ii 1r Forisis (Rev till. Folinemit tinimajim. Form 23 P�5-7130 C dcnaoomowrsolainti cmpnis jIn-imioim. or declaration for cosidelustalsioi by stale agemiy for slate highway). 5-710 odmainpwr fceuccmais 7 Aiim Jar lxgAl Forums 2d. Emiminemim Domain. 1 97:17 (offer ma purchase lan State authorities and naral electric cooperatives. jlii'. tO aieiiioil 9 Aiim jut LgAl Forina 2d. fliglmways, Strcets. and Bridges. if 134:51c set. Subject to the same duties and liabilities. ail the rights, powers 11.i41-l i Aici ' uisitiums). and pvrivileges conferred upon telegraph and telephone companies et Aciijr rlaCodiiiiinoRua oeryttigwyupoe11 to acquire sights ofl way for the construction, maintenance and I I As 1o' rnaboniinili of Urban P'roperly 16 I etwi. operation of lines under 51 58-9g-2020 to 58-9--2140 are hereby 4Aimi jut ll~ fFcts ontDmadin.PofNo I dm sfmtakimng granted unto electric lighting and power companies incorporated af tiiu.crly mIs eilemicil atiriiami). under the laws of this State. or to such companies incorporated under the laws of any other state which have complied with the 57-5-1350. Grade separations at intersections; relocation laws of thi State regulating foreign corporations doing business in ou� ihas ih fety rgltosafcigpbi this State, and to State authorities anid rural electric cooperatives. utliyfacilities; useh of enr;rglatinds.afecdiny ptate. and the right is also granted to such companies and authorities utilit Deariltment shal hfande powner to coStrugade.sfaa and rural electric cooperatives to acquire fee simple title or an liosea iDeprstionsmof sany have ik project wth publirct hghwayesp casement in Land pursuant to the condemnation proceedings andio ca nd adut theslcions ofand gurapies pojec wshublch highways s omentioned in � 58-9-2030, for the construction of electric genera- and to accflioage the ajsanto the lie n rdesig of such hghrade ScO3 l ing plants, substations, switching stations and impounding of asto anc comdaetesetohedstg of such grade separatina- n amgsicre waters to be used in conjunction with electric generating plants; in changing and adjusting the lines and grades of such highways poic oeen ~et rrgt sdfrtegnrto s.hall he ascertained amid paid by (he Department as a part of the or transmission of electricity, or devoted to public use for such cost of such turnpike project. purposes, shall be condemned hereunvder. .,S4 93 HISTORYi 1962 Cod" 1 24-12; 1932 Code 5 24-12; 1941Cd 550192 If the Departmenmt shall find it necessary to chamige tile location Cod. I BUD;i Civ. C. '2 1 5024; Ci,. C.'321 13326i 1904 (24) 489i 1953 (50) of any portion oif aity public highway, it shall cause the lamse to be 62 reconstructed at such location as time Departmnent shall deamn most Crs rdeferecest- favorable anid of substantially thle same type and in as good As go rights of way. see 91 58-15-123 10 t 58-15-1370. condutton as tile original highway. Thie cost of such rccumstituction As to rsitit of water power companies to floodl brial grounds, see it 49-9-10 and aimy damge incurredin changing he locationof any suchAs to utility facility ilivng and cemvironmentat protection. set �� 58-33-10 to highway shall be ascertaimied and paid by tIme Department as a part W33-330. ~ of time cost of stuch turispike project. As to eminent. domean, generally, see Title 28. Ammy public highway allected by thle construction of any turnpike W OE p~roject may be vacated or relocated by thle Department in the miannser now provided by law for the vacation or relocation of 1. In general. pealed by necessary implication upon public roads, and army dammages awarded on accotmnt thereof shall 2. Exercise of power. the passage of this section (Code 1962 be paid by thle Department as a part of the cost of such project. 3. Enmey of judgment and payment of 1 24-121. Southern Power Co. 1mm additiois to the foregoing powers, the Departmlent anid its 4. Measure of cosnpemmsauion. Walker. 89 SC 84, 71 SE 356 (191 1). amithosoized agents and emnployees may enter uposm any haimds, Applied in Seabrook v Carolina -waters and premnises itt time State for the purpose of making 1. In genierlt power. etc.. Co.. 159 SC 1. 156i SE I surveys, sounditigs, drillings avid examinations as they inay deemh Code 1962 section 12-103 was re- (1930). 556 415 E- 98 i 58-31-20 P'tIILIC ULrl.Ees. SERVICE, ETC. Pusuc SERVICE AUTHORIr 5TY 31-3O CASE NOTES sell water power, steam electric power, hydroelectric power or Dircrowt(rom tdillretl c.cclions of bte provision for having director/ from Siac.-cl. inotiom di s uesiy dieons- dioflc prscins ifor having diretors from mechanical power within and without the State of South Carolina. ered froum is chApter thlat he power audthoriy to esablish branch ofces. (9) To reclaim and drain swampy and flooded lands. geerased by zdie Puopoiis Iaum would Creech v Souli Cafulin Publi Servce 6 (10) To reforest the watersheds of the Cooper, Santee and te sold not only in ime lower parn of Audmitn y. 200 SC 127. 20 SE2d 645 ilis Slate. but throughout its length (192). Congaree Rivers and to prevent soil erosion and floods. aud hicadtl. Ieice, the very reasona- (II ) To make bylaws for the management and regulation of its affairs. � 58-31-30. Powers of Authority. (12) To appoint officers, agents, employees and servants, to The Public Service Authority shall have power to develop the prescribe their duties, and to fix their compensation. Cooper River, the Santee River and the Congaree River in this (13) To fix, alter, charge and collect tolls and other charges for State, as instrumentalities of intrastate, interstate and foreign the use of their facilities of, or for the services rendered by, or for commerce and navigation; to produce, distribute and sell electric any commodities furnished by, the Public Service Authority at power; to reclaim and drain swampy and flooded lands; and to rates to be determined by it, such rates to be at least sufficient to reforest the watersheds of rivers in this State, and shall also have provide for payment of all expenses of the Public Service Author- all powers which may be necessary or convenient for the exercise ity, the conservation, maintenance and operaion of its faciities of such powers, including without limiting the generality of the and properties, the payment of principal and interest on its notes, foregoing, the following powers: bonds and other evidences of indebtedness or obligation and to (I) To have perpetual succession as a corporation. fulfill the terms and provisions of any agreements made with the (2) To sue and be sued. purchasers or holders of any such notes, bonds or other evidences (3) To adopt, use and alter a corporate seal. of indebtedness or obligation (4) To acquire, purchase, hold, use, lease, mortgage, sell, trans- (14) From time to tine to borrow money, make and issue fer, and dispose of any property, real, personal or mixed, or any negotiable notes, bonds and other evidences of indebtedness, interest therein. including refunding and advanced refunding notes, bonds and other evidences of indebtedness, of the Public Service Authority; (5) To build, construct, maintain and operate canals, dams, to secure the paymt of such obligations or any part thereof by locks, aqueducts, reservoirs, draw-spans, ditches, drains and roads, mortgage lien pledge or deed of trust on all or any of its and to lay and construct any tunnels, penstocks, culvenrts,. flumes. a an o i conduits, mains and other pipes necessary or useful in connection property contracts fracdsea or revenues incuding note bonds and of any such refunding and advanced refunding notes, bonds and therewit. Xother evidences of indebtedness and the investments in which such (6) To divert waters from the Santee River by means of a canal proceeds are invested and the earning on and income therefrom; or canals, flume or flumes or otherwise, and to construct and to invest its moneys, including without limitation its revenues and maintain a dam of any height or size for the purpose of impound- the proceeds of such notes. bonds, or other evidences of indebted- ing said waters and to discharge the same into tile Cooper River ness, in obligations of, or obligations the principal of and interest or otherwise. on which ale guaranteed by or are fully secured by contracts with, (7) To build, acquire, construct and naintain power houses and the United Slates of America, in obligations of any agency, instru- any and all structures, ways and means, necessary, useful or mentality or corporation which has been or may hereafter be customarily used and employed in the manufacture, generation createf by or pursuant to an act of Congress of the United States and distribution of water power, steam electric power, hydroelec- as an agency, instrumentality or corporation thereof, in direct and - r' tric power and any and all other kinds of power, including power general obligations of the State of South Carolina, and in certifi- i transmnission lines, poles, telephone lines, substations, transform- cates of deposit issued by any bank, trust company or national era, and generally all things used or usefil in the manufacture, banking association; provided, however, that the Authority, when distribution, purchase and sale of power generated by water, investing in certificates of deposit, shall invest in certificates of steam or otherwise. deposit issued by institutions authorized to do business in South (8) To manufacture, produce, generate, transmit, distribute and Carolina if such institutions offer terms which, in the opinion of 492 493 E-99 I58-31-30 Prusc UnhlUms. SsERVIC, LTcC. PUBuc SERVICIE AntoR ORrrY 1- dhe Authority, are equal to or better than those olfered by other point at or near Camden, South Carolina. Provided, however, that instuitions; to mae such agreements with the purrusecrs or the Public Service Authority shall have no power at any time or in hoalers of such notes. bonds or other evidences of indebtedness any manner to pledge the credit and the taxing power of the State or with others in connection with any such notes. bonds or other or any of its political subdivisions, nor shall any of its obligations evidences of indebtednem whether issued or to be issued. as the or securities be deemed to be obligations of the State or of any of Public Service Authority shall deem advisabie, and in general to its political subdivisions; nor shall the State be legally, equitably or provide for the secuity for said notes. bonds or other evidences morally liable for the payment of principal of and interest on such of indebtedness and the rights of the holders thereof, povide. obligations or securities. The State of South Carolina does hereby that no refunding or advanced refunding notes, bonds or other pledge to and agree with any person, firm or corporation the evidences of indebtedness shall be issued more than ten years government of the United States and any corporation or agency prior to the date on which the bonds. notes or other evidences of created. designated or established by the United States, subsrib-, indebtedness to be refnded or advancd refunded thereby ma- ing to or acquiring the notes. bonds. evidences of indebtedness or sure or are subject to redemption in accordance with their tenor other obligations to be issued by the Public Service Authority for and terms; and pFrovin d. FiuAk. that in the exercise of the the construction of any project. that the State will not alter or limit powers herein granted to issue advaced refiunding notes. bonds the rights hereby vested in the Public Service Authority until the or other evidences of indebtedness the Public Service Authority, said notes. bonds, evidences of indebtedness or other obligations, may. but shall not be required to avail itself of any of the together with the interest thereon. are fully met and discharged; provisions of the Advanced Refunding Act,�� 11-21-10 to 11-21- providcd that nothing herein contained shall preclude such limita- 80. tion or alteration if and when and after adequate provisions shall (15) To eadorse or odthewise guarantee the obligations of any be made by law for the protection of those subscribing to or corporation all of the voting stock of which the Public Service acquiring such notes. bonds, evidences of indebtedness or other Authority may own or acquire. obligations of the Public Service Authority. The State of South (8) Wbithout limita tion of the foregoing to borrow money from Carolina or any political subdivision shall in no way be responsible (S the United Smtates Government - an orp f agfor any debts or obligations contracted by or for the Authority. the United States Government or any corporation or agency and the board or directors of the Authority, the advisory board, created, designed or established by the United States. and the officers shall make no debt whatsoever for the payment of (17) To make contracts of every name and nature and to which the State or any political subdivision shall in any way be exeute all instruments necessary or convenient for the carrying bound. It is intended that the project to be developed hereunder on of as business. and any and all projects undertaken by the provisions of this (18) To have power of eminent domain- chapter. shall be financed as self-liquidating projects and that the (19) To mortgage, pledge. hypothecate or otherwise encumber credit and taxing powers of the State, or its political subdivisions all or any of the property. real, personal. or mixed, or facilities. or shall never be pledged to pay said debts and obligations. revenues of the Public Service Authority as security for notes, Without limiting the generality of the foregoing, the Public bonds. evidences of indebtedness or other obligations of the Service Authority shall have power and is hereby authorized from Public Service Authority. time to time to issue its negotiable bonds and to secure the (20) To do all acts and things necessary or convenient to carry payment of the; same by mortgage. lien, pledge, or deed of trust, out die powers granted to it by this chapter or any other law. on or of all or any of its property, contracts, franchises or (21) To investigate, study and consider all undeveloped power revenues. Said bonds shall be authorized by resolution of the sites and navigation projects in the State and to acquire or board of directors and shall bear such date or dates, be in such develop the same as need may arise in the same manner as herein forms, and contain such provisions, as the board of directors may provided. Provided. always. ncvenheless. that said investigations, determine. Any resolution or resolutions authorizing any notes,. studies and considerations of said South Carolina Public Service bonds, or other evidences of indebtedness may contain provisions, Authority herein created shall be limited to the Congaree River which shall be a part of the contract with the holders thereof, as to and its tributaries below the confluence of the Broad and Saluda (a) the rates of tolls and other charges for use of the facilities of. Rivers and the Wateree tributary of die Santee River at and near a or for the services rendered by. or for the commodities furnished 494 49 E-100 _ _ , I 5841-30 lPUB1.14 13~.1-1IrTIs. SIERVICK, EC ULCSRIEAxtoIrI5-IS CASE NOTES by. like Public Service Aunthority. (b) tile selling aside of reserves I -blageneral~. vice Authority. 216 SC 500, 59 SIMd OF silikitig funds and time regulation and disposition thereof. (c) 2. Power to siue and be suied. 132 (1950). reserving tle right to redeem the notes, bonds. or other evidences 3. Power to acquire by Purchase. Section does a"t authorize auit in of indebtedness at such prices.not exceeding one hundred five ower to construct ant alaintaitL every court.-The statute creating the of indetednessat suchPricesnot exceding oe hundrd five . Power to dispose of property. Pashlic Service Authority and perKmit- per Ccnt of the principal amount thereof and accrued interest,* as tiog it to sue and he sued should not may be provided. (d) limitations ons the issuance of additional be construed to mecan thai ut *- ma be bonds. 4 e) the ternis amid provisions of any mortgage or deed of brouglnt in any coun's, State or Federal. trust securing the bonds or under which the same nay he issued p.,r go ge seraly Dupontid vic Swouth CaroliSna Pu7li Ser-1 and (1) any other or additional agreements with the holders of Tepowers tob titycounferedan- vtPbice uhrt.10FSp 7 15) sucs notes, Wonds or other evidences of indebtedness. SceAuthrit red ton bhe st'uhlicm 3.ower to acquire 16y purdnaae Thle Public Service Authority may enter into an mortgages, s igned, an any fair. substantial and -line power to Piurchase gas plants dceds of grasm or other agreements with any bank or trust Coal- msAonahte doubt concerning the em-adn i7sd prt ag a panty or other person or persons in the United States having te"nce of any power or any asahugn ry sumpoirtmpn business is nom bestowed power to enter into the same, ti~~~~~~~~~~~~~~nder the statute upon whlich tel as o te Aithority and is contrary to the pwent or ente igntyor thesamue, ndn there United States Govern- scig of suh power rests is no e neri of tdis diapter, which mentor ny genc orcreturetheeaas security for the notes, reslved againist rthe cqoano amd tn developnnent and conservation of bonds or other evidences of indebtedness and may transfer. the power dtemsie Cred v ot Cr ie naturalt resources of the State convey. mortgage, or pledge all or any of the property, contiracts, Oln Publicn Service Asioiy 0 Cwbinl, wrtorruo limits. Creech v South franchises or reenues of the Pubic Service Authoity thereunder.127.20 SE2tI MS5(1942). Car-olina Public Service Authority. 200 fSachis mortgagenuee of thPulcSrvice Auorit otherageundent ma otanLpss grant of power to public SC 127,20 SE2d 645 (1942). Such mortgage, deed of trial or o t h ~ ~ ~ ~~~ervareet otin=,ce authority -to do all amt and Word "dewelop governs section.- such provisions as may be customary in such instruments or as the thnsncsa-DP or covnin tOc. f~m' fnsponsa sg Public Service Authority may authorize, including (but without out die powers granted to it" was an me.K ajd controlled by the word "e limitation) provisions as to (a) the construction, operation, mainte- exception to the general law tham pow- velop." which cannot logically indlude nance and repair of the properties or facilities of the Public era merely convenien or useful are nom something which is already developed. Service Athority, b) tine apiteationof lisndsand the sfeguard-implied if they are ntot essenttial coanpleted and in operaniin. Nor can Seric Aundhoniy (han ro eoi,) the appicatio ff s and thesaediesrof Cooper v South Carolina Public Ser- hie word "1nroduce.- hin the phrase. ing offnso ado ndpst c h ihsadrmde fvice Authority (1975. SC) 215 SE2d "produce, distribute and sell electric said trustee find the holders of the bonds. (d) possession of the 197. power." cm"r themengofuras mortgaged properties and 4 e) die terms and provisions of the 'Me words "acquire" and "pur- or acquisitioun bylp;chs= Ced bonds, and may also provide for a franchise for operation of the chase" as set forth in statute pianting South Carolina Public Service Author- property or ~~~~~~~~~~~~~~~~~~~~~~~Public Service Authority certain pow- Ky. 200 SC 127. 20 SE2d 645 (1942). prpry and business of the Public Service Authority, orany part earfrtoehdsofawqiiin. Anid acquiisito ofeitn.tlte thereof, to any person, fitrn or corporation. including the United the words "hold and "use" refler to was not intendcd~-.-t worth MMsu- States Government, or ansy agency thereof, acquiring the mort- m e t h Jods of occupancy. and the wordsi divs. (4) sand (7 in their natural con1- gaged property or any part tinereof upon foreclosure or a period 'ee.mortgage. sell, transfer and dis- text and in their rejation to the whole of stot to exceed twenty years from the date of such acquisition. pole. refer so nuethodls of disposition. chapter arc reasonably referable and The poivers herin conferred upn the board of irectors shallCooper v South Carolimna Public SeF- conclusively so as to ntne power to 'Meot ersbeei conferred upongv the board of directors tewe toshell, vice Auithority (1975. SC) 2t5 SE2d develop and construct by bringimig into Ito[p be waysre tofgv otgaheboarded of dietorusthe powe to thell 197. i SotCaon beinkg new facilities, rather than the proepetbywy of th Atoritgagute boarded of dietorust maloftepy b Qpsoted i nvSotCalnapower to buy or acquire greAt Power proprtyof he uthrit, bt th bord f drecorswaysell any Public- Service Authority, 222 SC 9200 plants long since engaged in the Pro- suiplus property which it may acqtnire and which said board of 72 SE2d]j77 (1952). ducnion of electric enterj1. It WAS never directors shall deem not to be necessary for the purpose of tine Cited in Oakland Club v South Caro- gibe intention ur the legilature 'ha' the developtment. lins Public Service Authority. 110 F2d Auninority should be given dine power to IliST~tt~t1962 Code� 59-3, 152 Code 15-5. 1942 ode * 855-13; 193484 (1940). buy an existing utility system in order (38)ORY 192 ode 15- 1952 Coe(558)92Coe#5-3 2297. to produce, distribute aind sell electric Cu 38, reference,.- )2297 2. Power to sue and be sued powr. Creedh v South Caltfillma Public CA~s toferencesii fkae fgs oIlad rtiotenuelrgtsse -Te power "to nsue amid be sued" Service Aunhority. 200 SC 127. 20 Ast xctono-cssofgs i n cranohr iicrl.ihs e 0 camnmlot reasnonanbly be consitrined to au- Sr2d 645 (1942). Reerc-n10atceRfrecs thorraze all action ex deicto. Rice! Houpe Subdivisions (8) and (20) have no 29acrc and Pl actnicen Reernc. - Planitatiomn v Sonitl Canrolimnj public ser- relation to tile acquisiniont of electric 496 9 E-101 g 583-3bULIC UTILITIES, SERVICE, FTC. utilities. They deal solely with the does not bar the Authority fiomns ualss- doninant purpose of tile chapter, that gaining an electic transmission lines is, thle develo.pment of the natural re- project. South Carolina glee. & Gas sources of this Slate. Creech v South C. i' South Carolina Public Service Carolina Public Service Authority. 200 Authority. 21S SC 193, 54 SE2d 1777 SC 127. 20 SIEN 645 (1942). (1949). Subdivision (21) delegates the pwr And. a plan to Fai -i1)-osd to atptc or devlop umlieveloped isa- transmission lines and provd service tritsndnavigation Projects in thi upon the debt for the construction of State and specifically Hulkts the area thesis is not a violation. South Carolina within which this acquirement or devel Elec Be Gas Co. a South Carolina Pub- opseint must be ronfined. Creech a lic Service Authority. 215 SC 193. 54 South Carolina Public Service Author- SEId 777 (1949). it7. 200 SC 127. 20 SE2d 645 (1942). Whtere it was contended ohat ithe S. Power to dispose of propelrt linsitationi of subdiv. (2t) reateis onlyVW pwraeicu g to "undleveloped power sites and navi- TepIs F proial harvestin gation projeets- and does RIX apply'1 nod and timsber is both necessary ne urgtpurchase of coane fof vsin to di implowenrF io ~ po~ plsust~alre~deml-vice Authority to reclaim amd reforest lasive h~~~~~istrftheesug lacndee ~ s. Cooper v South Carolina the rovilusson hat sudsa proc Sedv c Authority (1975, SC) she urvew f th sttut or ai oo- Statute granting Public Service Ant- tespltedatshetie f is assgeasthority mumai powers confers; upon a leitiate xeriseof cspoatethe board of directors thbe wer to aml 4. Power to constrai and masintals, n ulc evc uhoiy(95 This section [Code 1962 105-3i SC) 215S5E2d 197. �58-3 1-40. Remedies upon default of obligatlonss appoint- iseast of receiver. Any resolution authorizing any notes, bonds or other evidences of indebtedness, and any mortgage or trust indenture or other agreement entered into pursuant thereto, may. whether or not any such obligations are or are to be secured by mortgage, provide thai: in the event that (a) default shall be made in the payment of the interest on any or all such obligations when and 2s the same shall beconie due and payable, (b) default shall be made in the payment of the principal of any or all such obligations when and as the same shall become due and payable. whether at the maturity thereof, by call for redemption or otherwise or (c) default shall be made in the performance of any agreement made with the pur- chasers or successive holders of any such obligations, and such default shall have continued for such period. if any. as may be prescribed by said resolution or said mortgage, trust indenture or other agreement in respect thereof, the trustees under such most- 496 LJTtuTr F&CILITY SFFINC. l a 835I1 nor shall the words "major utility facility" include elec~tric trans- mission lines and associated facilities leased to and operated by (or which upon completion of construction are to be leased to and CHAPTER 33 operated by) the South Carolina Public Service Authority. Utility Facility Siting and Environmental Prtction (3) 'Me words "~commence to construct"shall mean any clearing of hand. excavation or other action that would adversely affect the Ak-OCLE L Shoat Tide; Definitions, natural environment of the site or route of a major utility facility. Awncnx 3. Certification of Major Utility Facilities, but does not include surveying or changes needed for temporary AxtacLE 5. Judicial Review. use of sites or routes for nonutility purposes. or uses in securing Azrtw 7. liiscellaneous Provisions. geological data. including necessary borings to ascertain founda- tion conditions. (4) 'Me word "municipaity" shall mean any county or munici- pality within this State. ARTICLE 1 (5) The word '~hrrsoa " shall include any individual. group. firm. SHORTr TrriE; DenNrroNs partnership, corporation, cooperative, association, government subdivision. government agency. local government, municipality. sr-c. a n o t e o r a i a i n taycoiaioofayoth og- 58-33-10. Shouany ote ranztooraycmdntoef n th oeo 58-13-.Deiitos ing. but shall not indlude the South Carolina Public Service Defimuons. ~~~~~~~~~~~~~Authority. � 58-33-10. Short tide. (6) 'Me words '"public utility" or "utifliy' shall mean any person engaged in the generating, distributing. sale, delivery or furnishing This chapter shall he known, and may be cited, as the "Utility of electricity for public use. Facility Sting and nvironmenal Protecion Act."(7) 'Me word "land" shall mean any real estate or any estate or HISORY; 1942 Cod 188461; 1971 (57) US. interest therein, including water and riparian rights, regardless of Cross references-- the use to which it is devoted. As to constitutional provision for regulauion of common camrers, see SC Cnoti. (8) 'Me word "certificate" Shall mean a certificate of environ- Art-9. f L. mental compatibility and public convenience and necessity. � 58-33-20. Definitions. UIISTOR~T 1912 Code � 58-160; 1971 457) 869. T1he following words, when used in this chapter, shall have theATIL3 following meanings. unless otherwise clearly apparent from the context'. CIERTIFICATION OF MAJO6R U~rnLMr FACILITIES (1) Tine word "Commission"-shall mean Public Service Commis- SC Sion. 5.-13-1 t0. Certificate required before construction of major utility facihr, (2) The words "major utility facility" shall mean. transfer and amendment of certificate; exceptions; emergency cer- (a) Electric generating plan~~~~~~~~~~~~~~~~~~~~~~tanasoiatdfailiisdsge 0 cates. (a) Elctric eneratng plat and ssociaed faclitiesdesignd 58-3-120.Application for certificate; service on and notice'to municipalities, for orcapbleofopeatin a a apaityof more than Seventy- government agencies and other persons of application. five mnegawatts. 583-13-I. Hearings. (li) An electric transmission line and associated facilities of a 58-35-140. Parties to certification proceedings; limnited appearances; interven- desgne opratngvoltage of one hundred twenty-five kilovolts or 5d3 10 lon. designed operating~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~5-3-10 Record of proceedings; consolidation of representation of parties. usore; pioi'ided, hiowever, that the words "major utility facility" 58-33-ISO6. Decision of Commission. .Shall not include electric distribution lines and associated facilities, 58-53-170. Opinion of Commission. 517 E-I1C3 � 58-33-1 l PUBLIC UTILIrlT.S, SERVICE, ETC. UTIL-rv FACtLITY SITING � OS-33--O � 58~-33-1 10. Certificate required before construction of certificate on an emergency basis if it finds that immediate con- major utily t facility; transfer and amendmen t of certificate; struction of a major utility facility is justified by public convenience exceptionslity f; fer and amergndment fcy certificates. and necessity; provided that the Public Service Commission shall ~exccpton~as emergency c~ertifca~tes. notify all parties concerned under � 58-33-140 prior to the issu- (I) No person shall commence to construct a major utility ance of such certificate; provided, firdther, that the Commission facility without first having obtained a certificate issued withay subsequently require a modification of the facility if after respect to such facility by the Commission. The replacement of an giving due consideration to the major utility facility, available existing facility with a like facility, as determined by the Commis- technology and the economis involved, it fnds such modification sion, shall not constitute construction of a major utility facility. Any facility, with respect to which a certificate is required, shall be (7 e Commi ssion shao have authority, where jtct d by constructed, operated and maintained in conformity with the (7) The Commission shall have authority, where justified by certificate and any terms, conditions and modifications contained public convenience and necessity. to grant permission to a person therein. A certificate may on ly he issued pursuant to this chapter who has made application for a certificate under � 58-33-120 to provided, however, any authorization relating to a major utility proceed with initial clearing, excavation. dredging and construc- facility granted under other laws administered by the Commission tion; proded, however, that in engaging in such clearig, excava- shall constitute a certificate if the requirements of this chapter own ris, and such p on the person shal l not in any way indicat have been complied with in the proceeding leading to the granting own risk, and such permission shall not in any way indicate of suc h authorizatitone grautag approval by the Commission of the proposed site or facility. of such authorization. (2) A certificate may be transferred, subject to the approval of HISTORY: 1962 Co" 58-I8I0 1971(57) 8U. the Commission, to a person who agrees to comply with the terms. Rmc b and P itdie terea-e conditions and modifications contained therein. Amending of Crtiate of Publi Comvnience. 23 SCL Rew 319. (3) A certificate may be amended. (4) This chapter shall not apply to any major utility facility. � 58-33-120. Application for certificate; service on and no- (a) IThe construction of which is commenced within one year tice to munscipaities, government agencies and other per- after January 1, 1972; or sons of application. (b) For which, prior to January 1. 1972, an application for the (I) An applicant for a certificate shall file with the Commission approval has been made to any Federal, State. regional or local an application, in such form as the Commission may prescribe. governmental agency which possesses the jurisdiction to consider containng the following information: the matters prescribed for finding and determination in subsection (a) A description of the location and of the major utility facility (1) of 1 58-33-160. to be built. (c) For which, prior to January i. 1972, a governmental agency (b) A summary of any studies which have been made by or for has approved the construction of the facility and indebtedness has applicant of the environmental impact of the facility. been incurred to finance all or part of the cost of such construc- (c) A statement explaining the need for the facility. tion; or (d) Sueck other information as the applicant may consider rele- (d) Which is a hydroelectric generating facility over which the vant or as the Commission may by regulation or order require. A Federal Power Commission has licensing jurisdiction. copy qf the study referred to in item (b) above shall be filed with (5) Any person intending to construct a major utility facility the Commission, if ordered, and shall be available for public excluded from this chapter pursuant to subsection (4) of this information. section may elect to waive the exclusion by delivering notice of the (2) Each application shall be accompanied by proof of service of waiver to the Comilllssion. This chapter shall thereafter apply to a copy of the application on the chief executive officer of each each major utility facility identified in the notice from the date of municipality and the head of each State and local government its receipt by the Conmmission. agency, charged with the duty of protecting the environment or of (6) The Comamission shall have authority to waive the normal planning land use, in the area in the county in which any portion notice and lhca-ilig iequirements of this chapter and to issue a of the facility is to be located. The copy of the application shall be E-104 � 58-33-120 PUBLIC UTILITIES, SERVICE, Erc. UTILITY FACILITY SITING i 583-150 accomnpanied by a notice specifying the date on or about which the � 58-33-140. Parties to certification proceedings; limited application is to be filed. appearances; intervention. (3) Each application shall also be accompanied by proof that (1) The parties to a certification proceeding shall include: public notice was given to persons residing in the municipalities (a) The applicant. entitled to receive notice under subsection (2) of this section, by (b) The Department of Health and Environmental Control, the the publication of a summary of the application, and the date on Wildlife and Marine Resources Department. Department of Parks, or about which it is to be filed, in newspapers of general circula- Recreation and Tourism and the Water Resources Commission. tion as will serve substantially to inform such persons of the (c) Each municipality and government agency entitled to receive application. service of a copy of the application under subsection (2) of � 58- (4) Inadvertent failure of service on, or notice to, any of the 33-120 if it has filed with the Commission a notice of intervention municipalities. government agencies or persons identified in sub- as a party within thirty days after the date it was served with a sections (2) and (3) of this section may be cured pursuant to copy of the application. orders of the Commission designed to afford them adequate (d) Any person residing in a municipality entitled to receive notice to enable their effective participation in the proceeding. In service of a copy of the application under subsection (2) of I 58- addition, the Commission may, after filing, require thdie applicant to 33-120, any domestic nonprofit organization. formed in whole or serve notice of the application or copies thereof, or both, upon in part to promote conservation or natural beauty, to protect the such other persons, and file proof thereof, as the Commission may environment, personal health or other biological values, to pre- deem appropriate. serve historical sites, to promote consumer interest, to represent (5) An application for an amendment of a certificate shall be in commercial and industrial groups, or to promote the orderly such forml and contain such information as the Commission shall development of the area in which the facility is to be located; or prescribe. Notice of the application shall be given as set forth in any other person, if such a person or organization has petitioned suLsections (2) and (3) of this section. the Commission for leave to intervene as a party, within thirty HISTORYo 192 Code � 58-1i1i; 1971 (57) o889t . days after the date given in the published notice as the date for filing the application, and if the petition has been granted by the Commission for good cause shown. � 58-33-130. Hearings. (2) Any person may make a limited appearance in the sixty days (1) Upon the receipt of an application complying with � 58-33- after the date given in the published notice as the date for filing 120, the Commission shall promptly fix a date for the commence- the application. No person making a limited appearance shall be a meat of a public hearing, not less than sixty nor more than ninety party or shall have the right to present oral testimony or argument days after the receipt. and shall conclude the proceedings as or cross-examine witnesses. expeditiously as practicable. The testimony presented at the hear- (3) The Commission may, in extraordinary circumstances for ing may be presented in writing or orally, provided that the good cause shown, and giving consideration to the need for timely Commisaion may make rules designed to exclude repetitive, re- start of construction of the facility, grant a petition for leave to dunLdant or irrelevant testimony. intervene as a party to participate in subsequent phases of the (2) On an application for an amendment of a certificate. the proceeding, filed by a municipality, government agency, person or Commission shall hold a hearing in the same manner as a hearing organization which is identified in paragraphs (b) or (c) of subsec- is held on an application for a certificate if the proposed change in Lion (I) of this section, but which failed to file a timely notice of the facility would result in any significant increase in any environ- intervention or petition for leave to intervene, as the case may be. mental impact of the facility or a substantial change in the location HISTORY: 1962 Code � 58-1813; 1971 (57) 889. of all or a poltioni of the facility; provided, that the Public Service Comnrnision thall forward a copy of the application to all parties � 8-33-150. Record of proceedings; consolidation of rep- upon the filing of an application. resentation of parties. HISTORY; 1962 Code � 58-1812; 1971 (57) 889. A record shall be made of the hearing and of all testimony taken 520 521 E-10 5 58-33-150 PUBLIC UTILITIES, SERVICE, ETC. UTILnY FACIATY SITING 58-33-320 and the cross-examination thereon. Upon request of a party, either part of the proposed facility should be modified, it may condition before or after the decision, a State agency which proposes to or its certificate upon such modification, provided that the municipal- does require a condition to tI: included in the certificate as ities and persons residing therein affected by the modification shall rovided for in � 58-33-160 shall furnish for the record all factual have been given reasonable notice, Eindings, documents, studies, rules, regulations, standards, or (3) A copy of the decision and any opinion shall be served by other documentation. supporting the condition. The Commission the Commission upon each party. may provide for the consolidation of the representation of parties HISTORY: 1962 Cod � 58l1815; 1971 (57) 889. having similar interests. ISTORtY; 1962 Code � 158-S14i 1971 (57) Us. � 58-33-170.Q Opinion of Commission. In rendering a decision on an application for a certificate, the � 58-33-160. Decision of Commission. Commission shall issue an opinion stating its reasons for the (I) The Commission shall render a decision upon the record action taken. If the Commission has found that any regional or either granting or denying the application as filed, or granting it local law or regulation, which would be otherwise applicable, is upon such terms, conditions or modifications of the construction, unreasonably restrictive pursuant to paragraph (e) of subsection operation or maintenance of the major utility facility as the (1) of � 58-3-160, it shall state in its opinion the reasons there- Commission may deem appropriate; such conditions shall be as for. determined by the applicable State agency having jurisdiction or HlsToaY: 1962 Code I 5-181i 1971 (57) 889. authority under statutes, rules, regulations or standards promul- gated thereunder, and the conditions shall become a part of the AaRcLE 5 certificate. The Commission may not grant a certificate for the JUDICIAL REVIEw construction, operation and maintenance of a major utility facility, either as proposed or as modified by the Commission, unless it Sc. shall find and determine: 58-3-310. Appeal from final order or decision of Commission. (a) The basis of the need for the facility. (b) The nature of the probable environmental impact. � 5833-310. Appeal from final order or decision of Com- (c) That the impact of the facility upon the environment is mission. justified, considering the state of available technology and the Any party may appeal from all or any portion of any final order nature and economics of the various alternatives and other peru- or decision of the Commission including conditions of the certifi- nent considerations. cate required by a State agency under � 58-33-160 as provided by (d) That the facilities will serve the interests of system economy � 58-27-2310. Any appeals may be called up for trial out of their and reliability. order by either party. (c) That there is reasonable assurance that the proposed facility HISTORY; 1962 Code � 58-1820; 1971 (57) 889. will conform to applicable State and local laws and regulations Re Researc'd rc�cae References-- issued thereunder, including any allowable variance provisions Administrative Law-The Scope of Judicial Review of Decisions of Adminisrn- therein, except that the Commission may refuse to apply any local give Agencies in South Carolina. 23 SCL Rev 472. law or local regulation if it finds that, as applied to the proposed facility, such law or regulation is unreasonably restrictive in view � 58-33-320. Jurisdiction of courts. of the existing technology, or of factors of cost or economics or of Except as expressly set forth in 9 58-33310, no court of this the needs of consumers whether located inside or outside of the State shall have jurisdiction to hear or determine any issue, case or directly affected government subdivisions, controversy concerning any matter which was or could have been (I) That public convenience and necessity require the construc- determined in a proceeding before the Commission under this tion of tile facility. chapter or to stop or delay the construction, operation or mainte- (2) If the Commission determines that the location of all or a nance of a major utility facility except to enforce compliance with 522 523 _* I s REGULATIONS CHAPTER 3 Aeronautics Commission ARIAtt- I. General Provisions. Amrnct-e 2. Certificiite of Public Necessity and Coaveniance. AaTICLE I GENERAL PROVISIONS ipronudugated pursuant to �� 55-5-48 and 55-54170 of the 1976 Code) lRV" 5-1-Landing Aircraft on Beach. 3-2. Parachute juwmping. S-S. Pernik Required for Air Shows. Aerial Exhihitions, etc. 3-4. Pilot Regulations. 3-5. Registmation of Sprayig. Dusting and Seeding Aircrdft. 3-.Landing Aircraft ont Reach. It shall be unlawful for any aircraft to be landed or operated on any beach in South Carolina. except such areas as may he desig- nated by the South Carolina Aeronautics Commission. (Filed in the Office of the Secretary of State August 20. 1945.) 3-2. Parachute lumping. T1hese regulations shall be effective March 1. 1961. The follow- ing regulations shall apply to all persons engaged in parachute jumping within the State of South Carolina.., Exceptions (a) T7hese regulations shall Doi apply 1o military personnel engaged in parachute jumping while in the line of duty. (b) These regulations shall not apply to parachuting during an actual air-horne emergency when the parachute is used as a life saving device. I. Medical Examination: (A) All persons engaged in parachuting within time State of South Carolina shall have in his possession a statement of physical 23 E-108 R 61-8 I!EALTH & ENVIRONt CONTrOL DrPT. HEALnt & ENVIRON. CONTROL DEPTr. 61-9 a Conditional Certificate of Immunization. One hundred and Section I -Terms and Conditions of Permits: Prohibited Dis- twenty (120) days after the beginning of the school year, school charges principals shall submit to the local health department the name of Section 12-Terms and Conditions of Permits: Schedules of each child or person continuing to have a Conditional Certificate Compliance of Immunization. Section 13--Terms and Conditions of Permits: Compliance Section S. Exceptions to the Regulations Reports by Dischargers A. A Certificate of Immunization shall not be required in Section 14-Noncompliance succeeding years if it were initially presented, provided a child Section 15--Operation aid Maintenance remains in the same school. In addition, a Certificate of Immuniza- Section 1-Duration of Permits tion shall not be required for a pupil transferring from one school to another within this State. provided a written verification of the ecit: Reuests and Fng Requireme and NPDES Per- Certificate accompanies the official records transferred from the school previously attended. Section 18-Monitoring of Discharges Authorized by Permits: B. In the absence of an epidemic or immediate threat thereof. a Recording and Reporting Certificate of Immunization. or Conditional Certificate of Immu- Section 19-State and NPDES Pernits: Modification. Suspen- nization. shall not be required of any pupil whose parnt or ion or Revocation by the Department guardian signs a statement that such vaccination. immunization. or Section 20--Change of Ownership screening test conflicts with his religious tenants or practices. The Section 21--Enforcement statement shall be completed on forms provided by the Depart- ment of Health and Environmental Control. of e 'his regulation addresses all die buciios amd reponsiities of the N"ES ,rogra as being those of the "DepatineaL. It is adowlekdged that the La 61-9. NPDES Permist, e.c� ceain futiont which are the sole preroaive of the *Boad.- How- -t. since the day-to-day operaion of dte protgnm will be caricd out by (Promulgated pursuant to � 48-1-40 of the 1976 Code; filed in Ipnmental personnel and since those affected by this regulion will deal the office of the Sccretary of State on April 24. 1975.) cly with de penon -Depmaret is ed o help avod confson in the minds of those persons as to whom they should deal with. Th is not mended to and does not mitigate the dictates of the Law as to which body mus CONTENTS hsi 6 auhority. I. Definition of Terms Section I-Definition of Terms Section 2-Permit Requirements of Dischargers (!) "Act' means Act No. 1157 of the 1971 General Assembly Section -PeitApplications andingPro cedulappearing as Chapter I of Title 4a of the 1976 Code.), as Section 3-Permits: Applications and Filing Procedures amended (The Pollution Control Act). Section 4-Permits: Application Exemptions (2) "Applicant" means a person applying to the Department for Section 5-Refuse Act Permits: Validity, Additional Require- a State or NPDES permit to discharge wastes into the waters of ments the Statebr to operate a treatment works. Section 6-Permit Applications: Deficiencies, Additional Data (3) "Application" means the uniform NPDES application form, Requirements including subsequent additions, revisions, or modifications thereof Section 7-Permit Applications and Other NPDES Forms: Valid promiulgated by the Administrator of EPA, and adopted for use by Signature the Board or a state permit application form. Section 8-Misrepresentation of Information on NPDES Appli- (4) "Board" means the Board of Health and Environmental cation Forms Control for the State of South Carolina and shall be inclusive of Section 9-Permit Applications: Public Hearings. Determina- .n! agent designated by the Board to perform any function. lions and Scheduling (5) "Code" means the South Carolina Code of 1976, as Section l0-lssuance or Denial of Permits: Appeal nmended. 433 432 E-109 is 0 0� R 614- HAL'H m SC.- ENVIRON. CONTROL D'rr. HEALTH & ENVISION. CONTROL Derr. 161-9 (6) "Commissioner" means the Commissioner of the S. C. EPA entitled. "Part 124--State Program Elements Necessary for Department of Health and Environmental Control or his desig. Participation in the National Pollutant Discharge Elimination Sys- nated representative. tem." as published in 40 CFR 124, Volume 37, Number 247. (7) "Department" means the S. C. Department of Health and 16) "Industry" means a private person. corporation, firm, plant Environmental Control and shall also be inclusive of those persons or establishment which discharges sewage. industrial wastes or within tlhe Department authorized by the Board to administer the other wastes into the waters of the State. NPDES program or take any action in behalf of the Board. (17) "Mailing list" means a, list of persons requesting notifica- (8) "Discharge" means any discharge or discharge of any sew- tion and information on public hearings, permits and other age. industrial wastes or other wastes into any of the waters of the NPDES forms. State. whether treated or not. (18) "Management agency" means an areawide waste treatment (9) "Discharger" means any person who discharges any treated nianagement agency designated by the governor pursuant to or untreated sewage, industrial wastes, or other wastes into any of Section 208(a) of the Federal Act. tile waters of the State. (19) "Minor discharge" means a discharge of wastewater which (10) "Draft permit" means a draft of a permit proposed to be has a total volume of less than 50.000 gallons on every day of the issued by the Department, prepared by the staff of the Department year. does not closely affect the waters of another state and is not prior to public notice of an application for a permit by a dischar- identified by the Department, the Regional Administrator or by ger. which contains proposed effluent standards and limitations, the Administrator of EPA in regulations issued by him pursuant to proposed compliance schedules and other proposed conditions or Section 307(a) of the Federal Act, as a discharge which is not a restrictions deemed necessary by the Department for a discharge. minor discharge. except that in the case of a discharge of less than The draft permit constitutes an order of the Department and shall 50.000 gallons on any day of the year which represents I or 2 or constitute a final determination of the Department thirty days after more discharges from a single person which in total exceeds issuance unless timely appealed in accordance with the provisions 50.000 gallons on any day of the year, then no discharge from the of the Pollution Control Act and this Regulation. facility is a minor discharge. (1I) "EPA" means the United States Environmental Protection (20) "Municipality" means a city, town, county, district or any Agency. other political subdivision created by or pursuant to State law and (12) "Effluent standards and limitations" means restrictions or having jurisdiction over disposal of sewage, industrial wastes, or prohibitions of chemical, physical, biological, and other constitu- t ither wastes. ents which are discharged from point sources into State waters, (21) "New source" means a building, structure, facility or instal- including but not limited to, effluent limitations, standards of labon from which sewage, industrial wastes or other wastes is or performance, toxic effluent standards and prohibitions, pretreat- may be discharged into the waters of the State, the construction of ment standards and schedules of compliance. which is commenced after publication of proposed regulations by (13) "Fact sheet" means a description of a discharge available to EPA prescribing a standard of performance to the source, if the the public prepared by the Department staff pursuant to the standard is thereafter promulgated in accordance with Section 306 guidelines, which includes, but is not limited to, information on of the Federal Act. the location of the discharge, rate of frequency of the discharge (22) "NPDES" means the National Pollutant Discharge Elimina- components of the discharge, proposed requirements of the De- partment regarding the discharge, the location and identification lion System established by the Federal Act. of uses of the receiving waters, water quality standards and (23) "NPDES form" means any issued permit or any uniform procedures for formulation of final requirements on the discharge national form used by the Department developed for use in the by the Department. NPDES, including an NPDES application, a Refuse Act permit (14) "Federal Act" means the Federal Water Pollution Control application and a reporting form. Act as amended. (24) "NPDES permit" means a permit issued by the Department (15) "Guidelines" means the Federal guidelines promulgated by In a discharger pursuant to regulations adopted by the Board for 135 43'4 43 E-11O R 61-9 IlEALTH & ENVIRON. CONTROL DEtr. HEATI ENVIRON. CONTROL Der. 61-9 all point source discharges into surface waters,. and shall constitute ented. which is secret, useful in compounding an article of trade a final determination of the Board. having a commercial value, and the secrecy of which the owner has taken reasonable measures to prevent from becoming available to (25) "Non-compliance list" means a list of dischargers. preparede reasonable easures to preet from becoming available to by the Dpanmtent pursuant to this regulation and the guidelines persons other than those selected by the owner to have access for transmittal to the Regional Administrator who ail or r e to thereto to limited purpose. It sha not be construed for purpose for isansmitial to the Regional Administrator. who Emit or refine t o of this regulation to include any information relative to the comply with a compliance schedule in an NPDES permit issued ofquanhy and character of waste products or th e pursuant to the State law. quantity and character of waste producs or dheir constituents pursuant to the State law. discharged into waters of this'State. (26) "Perion" means any individual, public or private corpora- discharged into w ater s of this'State. tion. polical subdivision. government agency, municipality. indus- (35) "Treatment works" means any plant. disposal field. lagoon. try opartnership, association, firm. trust, estate r any other legal constructed drainage ditch or surface water intercepting ditch, try oarnershipn association rm, ust, estwhate or any othever . incinerator. area devoted to sanitary landfills or other works not entity whatsoever, specifically mentioned herein, installed for the purpose of treating, (27) "Point source discharge" meansby a discharge whichnfined re neutralizing. stabilizing or disposing of sewage, industrial waste or leased to the waters of the State by a discernible, confined and other wastes. discrete conveyance. including but not limited to a pipe. ditch.s any contrance used or capable of being channel. tunnel, conduit, well discrete fissure. container. concen- u sed for navigation upon wateriane used or capable of being tratcd animal feeding operation or vessel or other floating craft, used for navigation upon water. whether or not capable of self- froma which waste is or may be dishaorged. propulsion. including foreign and domestic vessels engaged in (28)from wic wate is otren may be dischargedr commerce upon the waters of this State. passenger or other cargo (28) "Pblcy owned treatment wors mean a wastewater srrying vessels, privately owned recreational watercraft or any collection and treanent facility owned and operated by the State. a municipality or a regional entity composed of 2 or more inunici- other floating craft. palties or parts thereof 137) "Waste" shall be synonymous with sewage, industrial waste. p hties or pant thereof. and other wastes. (29) "Refuse Act permit application" means an application for a permit issued under authority of Section 13 of the United States (38) "Waters of the State" means lakes, bays, sounds, ponds. Rivers and Harbors Act of March 3. 1899. impounding reservoirs, springs, wells, rivers, streams. creeks, estu- Rvr(30) "Rcg r Admi israor man te PARegion IV 19 aries. marshics. inlets, canals, the Atlantic Ocean within the territo- s"Regional Administator" means the EPA rial limits of the State and all other bodies of surface or under- (31) "Reporting fogng!' miform NP trateportig. ground water, natural or artificial, public or private, inland or (1S) "Reporting form" means the uniform NPDES reporting coastal, fresh or salt, which are wholly or partially within or form, including subsequent additions. revisions or modificaution bordering the Stte or within its jusdiction. thereof. adopted by the Department for use in administering this 2. Permit Requirements of Dichargrs regulation. or a State form prescribed by the Department for usme in administering this regulation. for reporting data and informa- (i) A person discharging or proposing to discharge wastes into lion to the Department by a discharger on monitoring and other the waters of the State shall promptly make application for and conditions of permits. obtain a vaid NPDES Permit and, if required, a valid State 32) "State permit" means a permit issued by the Department to Construction Permit; a person operating or proposing to operate a a proposed discharger pursuant to regulations adopted by the treatment works from which no discharge occurs, shall promptly Board for waste discharges into subsurface waters, or for the make application for and obtain a valid State Construction Permit. construction or operation of a treatment works from which no The procedures, forms,. and deadlines required by this regulation discharge occurs. shall apply to applications for either NPDES or State Construction discharge occurs. (33) "The State law" means the S. C. Pollution Control Act, Permits specifically �� 48-1-10 through 48-1-350 of the South Carolina (2) A person proposing a water discharge to the waters of the Code of 1976. and any subsequent amendments thereto. State or proposing to operate a treatment works from which no (34) "Trade secret" nmcais the whole or any portion or phrase discharge occurs shall apply at least 180 days prior to commence- of any manufacturing proprietary process or method. not pat- m'nt of the activity or in accordance with a schedule determined 436 E-A11 437 l~- 1 R 61-9 IEiALTII & ENVIRON. CONTROL DEirt. IIEALTIi & ENVIRON. CONTROt Derr. R 61-9 by the Department in individual cases. for an NPDES or State application therefor is complete or any further information re- permit on an appropriate form supplied by the Department. quested by the Board is supplied. 3. Permits: Applications and Filing Procedures (2) The Department may take enforcement action as prescribed (I) An application for an NPDES permit shall be completed in by the State law or this regulation against any person who fails to accordance with and subject to guidelines and any subsequem file a complete application, if deficiencies are not corrected or revisions, additions or modifications thereto, adopted by the De- complete information is not supplied within 60 days to the Depart- partment. An application for a State permit shall be on forms mwent following its request. adopted by the Department- 7. Permit Applications and Other NPDES Forms: Valid Signa- (2) A person discharging waste from more than one (1) location lure shall file a separate application for each discharge location. A A State or an NPDES permit application form or any other single application may be filed for multiple outfalls discharging NPDES form submitted to the Department pursuant to this regula- from a single location. except that the discharge from each outfall tion shall be signed as follows: shall be described separately in the application. (a) For a corporation, by a principal executive officer of at least 4. Permits: Application Exemptions the level of vice president. or his designated representative. A person discharging or proposing to discharge the following if the representative is responsible for the overall operation types of wastes shall not be required to apply for a permit from of the facility from which the discharge described in the the Department pursuant to this regulation. permit application or other NPDES form originates. (a) Human sewage discharged from vessels. (b) For a partnership, by a general partner. (b) A discharge directed solely to a publicly owned treatment (c) For a sole proprietorship, by the proprietor. works. but not from a publicly owned treatment works. (d) For a municipal, state or other public facility, by either a (c) Storm sewers not connected to wastewater treatment works. principal executive officer, the mayor. or other duly autho- if the storm sewers are separate from sanitary sewers or rized employee. other sewers discharging wastewater subject to a permit of 8. Misrepresentation of Information on NPDES Application the Department, unless a particular storm water discharge Forms has been identified by the Department or the Regional (I) Any person making application for an NPDES discharge Administrator as a significant contributor to pollution. permit or filing any record. report, or other document pursuant to 5. Refuse Act Permits: Validity. Additional Requirements a regulation of the Department, shall certify that all information A person who has filed an application for a Refuse Act permit contained in such document is true. All application facts certified prior to the date of enactment of the Federal Act is not required to by the applicant shall be considered valid conditions of the to file an application for an NPDES permit pursuant to the State permit issued pusuant to the application. law or this regulation, unless otherwise determined necessary by (2) Any person who knowingly makes any false statement, the Department. A complete Refuse Act permit application may be representation, or certification in any application. record, report. deemed by the Department as meeting the requirements of the or other documents filed with the Department pursuant to the State law and this regulation and a permit may be issued based State law'and the rules and regulations pursuant to that law, shall thereon unless additional information is required. be deemed to have violated a permit condition and shall be 6. Permit Applications: Deficiencies, Additional Data Require- subject to the penalties provided for pursuant to 1 481-320 or ments 48-1-330. (I) The Department, a its discretion. or upon request of the 9. Permit Applications: Public Hearings, Determinations, and Regional Administrator. may request of an applicant any addi- Scheduling tional information deemed necessary to complete or correct defi- (I) Within the 30-day comment period or other applicable ciencies in a Refuse Act permit application, before processing the comment period provided after posting or publishing of a public application or issuing or denying the issuance of a permit. An notice, an applicant. any affected state or interstate agency. the NPDES permit shall not be issued by the Department until an Regional Administrator or any other interested person or agency 438 43a 3-112 R 61-9 HEALT11 &: ENVIRON. CONTROL DPrr. HEULTnI & ENVIRON. CorFROL DePT. R 61-9 may file a petition with the Department for a public hearing on an ance necessary to protect the public health, safety and application for an NPDES permit. A petition for a public hearing welfare. shall indicate the specific reasons why a hearing is requested, the (d) A discharge to which the Regional Administrator objects in interest in or relationship of the petitioner to the applicati or writing to the Department pursuant to any right to object existing or proposed discharge identified therein and spefcally provided the Administrator of EPA in Section 402(d) of the indicate which portions of the application or other NPDES form orFedral Act information constitutes necessity for a public hearing. If the er ct Department determines that a petition constitutes significant cause 12. Terms and Conditions' of Permits: Schedules of Compliance or that there is sufficient public interest in an applcation for a (i) A person issued a State or an NPDES permit by the Depart- public hearing, it may direct the scheduling of a hearing thereon. ment who is not in compliance with applicable effluent standards (2) A heating shall be scheduled not less than four (4) nor more and limitations or other requirements contained therein at the than eight (8) wees after the Department determines the necessity time the permit is issued, shal be required to achieve compliance of the hearing in the geographical location of the applicant or, at within a period of time as se forth by the Department. with the discretion of the Department. at another appropriate location. effluent standards d limitations with water quality standards or and shall be noticed at least thirty (30) days before the hearing. with specific requirements or conditions set by the Department. The notice of public hearing shall be transmitted to the applicant The Department shall require compliance with terms and condi- and shal be published in at least one (1) newspaper of general tions of the permit in the shrtest reasonable period of time as circulation in the geographical area of the existing or proposed determined thereby r within a time schedule for compliance discharge identified on the permit application and shall be mailed which shall be specified in the sued permit. to any person or group upon request therefor. Notice shall be (2) If a time schedule for compliance specified in a State or an mailed to all persons and governmental agencies which received a NPDES permit which is established by the Department pursuant to copy of the notice or the fact sheet for the permit application. Subpart (I) above, exceeds nine (9) months,. the time schedule (3) The Department may hold a single public hearing on related shall provide for interim dates of achieement for compliance with groups of pernmit applications. certain applicable terms and conditions of the permit. 10. Issuance or Denial of Permits: Appeal 13. Terms and Conditions of Permits: Compliance Reports by An appeal to a final determination of the Department or to a i scharger condition of a permit issued or the denial of a permit pursuant to dae of compliance specianed in a State or an DES permit, a the State law and this regulation. shall be in accordance with and date of compliance spcified in a State or an NPDES permit a sujthe State law and this reglationhe shal be in accordance with permittee shah provide the Department with written notice of his subject to � 45-1-200 of the Code. compliance or noncompliance with the requirements or conditions I1i. Terms and Conditions of Permits: Prohibited Discharges specified to be completed by that date. Failure to submit the A permit shall not be issued to a person proposing any of the written notice to the Department is just cause for the Department following discharges: to pursue c.nforcement action against the discharger pursuant to (a) A discharge containing a radiological, chemical or biological the State law or this regulation. warfare agent or a high-level radioactive waste. 14. Noncompliance (b) A discharge containing a substance which, as determined by A discharger who fails or refuses to comply with an interim or the Secretary of the Army acting through the Chief of final date of compliance specified in a State or an NPDES permit. Engincers of the United States Army Corps of Engineers may be deemed by the Department to be in violation of the permit would substantially impair anchorage or navigation or both. and may be subject to enforcement action prescribed in the State (c) A point source discharge in conflict with an areawide waste law or this regulation. treatment management plan or amendments thereto, pre- 15. Operation and Maintenance pared by a management agency pursuant to Section 208(b) At all times the permittee shall maintain in good working order of the Federal Act, unless the Department finds such vari- and operate as efficiently as possible any facilities or systems of 440 441 E-113 0 R 61-9 HEAt.Ti &C ENVIRON. CONTROL DEPT. HEALTII ENVIRON. CONrTOL DEPr. R 61-10 control installed to achieve compliance with the terms and condi- cat which is not covered by the terms and conditions of a tions of a permit. permit or if the regulation is more stringent than any 16. Duration of Permits limitation imposed on a wastewater constituent in a permit. A State or an NPDES permit issued pursuant to the State law (c) A modification of the terms and conditions of a permit or a and this regulation shall have a fixed term which shall not exceed time schedule thereon is necessary because of an act of God five (5) years. A person who wishes to continue to operate under or other conditions beyond the control of the permittee. such permit shall apply for re-issuance of a permit pursuant to (d) In tle case of disc!arges from publicly owned treatment Paragraph 17. works, Federal treatment works grant funds are not available 17. Review and Re-issuance of State and NPDES Permits; Re- or are not sufficient to allow construction of the treatment quests and Filing Requirements works in a time schedule set forth in the permit. At least 180 days prior to the expiration date of a State or an (e) There is a violation of any terms or conditions of the permit. NPDES permit issued by the Department pursuant to the State law (f) The permittee has obtained a permit by misrepresentation or and this regulation, a permittee who wishes to continue to operate has failed to disclose all relevant facts to the Department. under such permits shall submit a written request to the Depart- (g) A toxic efluent standard or prohibition, including any ment for re-issuance. schedule of compliance specified therein, is established pur- 18. Monitoring of Discharges Authorized by Permits: Recording suant to Section 307(a) of the Federal Act for a toxic waste and Reporting or a wastewater constituent which is present in the permit- (1) A permittee required to monitor a waste discharge shall tee's discharge and the standard or prohibition is more maintain records of all information resulting from such monitor- stringent than any limitation upon the waste or wastewater ing, including the date, place and time of sampling; the dates constituent in the permit. analyses were performed; the person performing the analyses; the 20. Change of Ownership analytical techniques, procedures or methods used; and the results (I) Whenever there occurs a change in the ownership of treat- of such analyses. All records and results of monitoring activities ment works which are the subject of an NPDES permit or a State and calibration and maintenance records shall be retained by the permit, the new owner shall notify the Department of this change permittee a minimum of three (3) years unless otherwise required in ownership within thirty (30) days thereof and shall be bound by or extended by the Department. all the terms and conditions of said permit or permits. (2) Any person who falsifies. tampers with, or knowingly renders (2) Permits are non-transferrable except with the prior consent inaccurate any monitoring device or method required by the of the Department. Department to be maintained as a condition in a permit, or who 21 Enforcement alters or falsifies the results obtained by such devices or methods, shall be deemed to have violated a permit condition and shall be A person who violates any provisions of this regulation. a term. subject to the penalties provided for pursuant to �� 48-1-320 and condition or schedule of compliance contained within a valid State ~~48-v~~~~1-330 o0~f ~the Code r an NPDES permit. or the State law is subject to the actions defined it'the State law. 19. State and NPDES Permits: Modification, Suspension, or Revocation by the Department 61-10. Operation of Health Maintenance Organizations. (I) The Department may modify any term or condition. includ- (Promulgated jointly by the Department of Insurance and the ing a schedule of compliance. of a permit or may revoke or ng a schedule of complianced of a permit uor may revofe or Department of Health and Environmental Control pursuant to suspend a permit upon its finding that: � 38-25-20 of the 1976 Code; filed in the office of the Secretary of (a) There is a change in any condition that requires a temporary State on June 13. 1975.) or permanent reduction or elimination of a permitted dis- Section I. Definitions. For the purposes of these rules and charge or constituent thereof. regulations, the following words and phrases shall have the mean- (b) The Administrator of EPA issues a regulation prescribing a " mg ascribed to them in this section unless the context requires restriction or prohibition of a waste or wastewater constitu- otherwise. 442 443 E-114 R 61-39 HEALTn & ENVIRON. CONTROL DEPT. Hi A.n & ENVIRON. CONr'ROL DWr.. R 61-40 for a hearing will be provided if a written request for a Mobile Home means a transportable dwelling unit suitable for hearing is filed with the Health Authority. year-round occupancy and containing the same water supply. 7. For serious or repeated violations of any of the provisions of waste disposal and/or electrical conveniences as immobile hous. this regulation or for interference with the Health Authority ing This shall include both dependent and independent mobile in the performance of his duties, the permit may be perma- homes. nently revoked after an opportunity for a hearing has been Dependent Mobile Home means a mobile home which does not provided by the Health Authority. Prior to such action, the have a flush toilet and a bath or shower. Health Authority shall notify the permit holder in writing of Independent MobiL Home means a mobile home which has a the reasons for which the permit is subject to revocation. flush toilet and a bath or shower. B. Constitutionality. If any part or ;rovision of any regulation Mobile Home Space means a plot of ground within a mobile of these regulations is legally declared unconstitutional or the home park, designated for the accounodation of one mobile application thereof to any person or circumstance is held iinalid home. the validity and constitutionality of the remainder of these regula- Person means any individual, firm, partnership. corporation. tions shall not be affected thereby. company or association or other entity. C Enforcement IdntePretton. These rules and regulations are Servic Buildig means a building housing toilet and bathing issued under ihe authority of � 44-1-140. Code of Laws of South facilities for men and women with such other facilities as may be Carolina. 1976, and subsequent legislation. They shall be enforced required by these regulations. by the Health Authority in accordance with interpretation and by the Health Authority in accordance weith interpretation rod Sewer Ctnnection mcars all pipes, fittings and appurtenances public health reasons approved by the Board of Health. S doainectiof m eans all p fitting and appurtenances public health reasons approved by the Board of Health. from the drain outlet of the mobile home to the inlet of the D. Peralti Violation of these ruides and regulations shall be corresponding sewer riser pipe. punishable in accordance with � 44-1-150. Code of Laws of South Sewe Rse pe means that poton of the sewe lateal whch Carolina. 1976. by fne not exceeding S100 or imprisonment not extends vertically to or above the ground elevation and terminates exceeding 30 days; and each day of continued violation shall be a at each mobile home space. separate offense. at each mobile home space. E. Repeal and Da te of Effect. These regulations shall be In M Water Connection means all pipes, fittings and appurtenances force and effect three months after their adoption and publication; from the water riser pipe to the water inlet pipe of the distribution and at that time, all regulations and parts of regulations in conflict system wthtn the mobile home with this regulation are hereby repealed. Water Riser Pipe means that portion of the water service pipe which extends vertically to or above the ground elevation and terminates at a designated point at each mobile home lot. 61-40. Mobile Home Parks. (Promulgated pursuant to � 44-1-140 of the 1976 Code; filed in Wances rom the water means all pipes fittings, valves and appurte the office of the Secretary of State on February 24. 1966.) outlet of the distribution system within the mobile home Section 1: Definitions. For the purposes of these regulations. Set 2 on: Penitht the following words and phrases shall have the meaning ascribed to them in this section; 2.1 It shall be unlawful for any person to construct, maintain, or Health Authority means authorized representative of the city, operate any mobile home park within the State of South Carolina u ty o representative ofhea lt h depatmesunless he holds a valid permit issued annually by the health county or state health departments. authority in the name of such person for the specific mobile home Permit means a written permit issued by the health authority park. All applications for permits shal be made, prior to any permitting the mobile home park to operate under these regula- construction of the park, to the applicable city or county health tions. department which shall approve the application when all require- Mobile Home Park means any plot of ground upon which two ments are .met. The county health department. or city health or more mobile homes, occupied for dwelling or sleeping pur- department, shall obtain approval of the Division of Sanitary poses. are located. Engineering for the water and sewerage systema as provided in 206 207 E-115 R 61-40 hIEALTII ,- ENVIRON. CONTROL DEFrr. IIALTII & ENVIRON. CONTROL DEIt. R 6140 Section 7.5 of these regulations. No permit shall be transferrable Ihraiilig on tile matter before the health authority under tlhe front one location to another location, or from' one person so , ocedure provided by Section 4 ofthese regulations another person. Every person holding such a permit shall give 2 r5 Whenever upon inspection of any mobile home park the notice ill writing to the health authority within twenty-four hofurs Ialth authority finds that conditions or practices exist which are after having sold. transferred, given away, or otherwise disposed in violation of any provision of these regulations, the health of, interest in or control of any mobile home park. Such notice authority shal give notice in writing in accordance with Section shall1 include the name and address of the person succeeding to 4.1 to the owner or agent that unless such conditions or practices the ownership or control of such mobile home park. are corrected within a reasonable period of time specified in the 2.2 (a) Application for original permits shall be in triplicate on notice by the health authority, the permit will be suspended. At forms provided by the health authority, signed by the applicant, tie end of such period, the health authority shall reinspect such and shall contain the following: mobile home park and, if such conditions or practices have not I. 4lhe name and address of the applicant; been corrected; he shall suspend the permit and give notice in 2. The interest of the applicant in, and the location and legal writing of such suspension to the owner or- agent. Upon receipt of description of the mobile home park notice of suspension. such person shall cease operation of such 3. A complete plan of the mobile home pailr showing eompli- nubile home park. ance with all applicable provisions of these regulations 2.6 Any person whose permit has been suspended, or who has -mcc with^a ll applicable provisions of these regulations; received notice from the health authority that his permit will be 4. Such further information as may be requested by the health received notice from the health authority that Isis permit will he Saufth r fority to enable r to desterine thatby the proposed suspended unless certain conditions or practices at the mobile aumobile homrity to enable him with lega t the proposed hlomne park are corrected. may request and shall be granted a (b) Applications for renewals ile home park will o mpl wit shal requirementsmad hearing on the matter before the health authority. under the (b) App lications for renewals of perm i ts shall be made as above procedure provided by Section 4 of these regulations. PRO- by the holder of the permit and shall contain the following: V'IDED: That when no petition for such hearing shall have been I. Any change in the information submitted since the time the filed within ten days following the day on which notice of suspen- original permit was issued or the latest renewal granted; sion was served, such permit shall be deemed to have been 2. Such other information as the health authority may require. automatically revoked at the expiration of such ten-day period. 2.3 A complete plan, for the purpose of obtaining a permit to Section 1: Inlpecdton of Mobile Home Parks. be issued by the health authority shall show: 3.1 The health authority is hereby authorized to make inspec- (a) IThe area and dimensions of the tract of land; tions to determine the condition of mobile home parks located (b) IThe number. locationr and size of all mobile home spaces; ,ithin South Carolina. in order that he may perform his duty of a() -The number, location and size. r o f a ll mobile home spac s srifeg iiarding the health and safety of occupants of mobile home (c) The location and width of roadways; paks and of the general pubic (d) The* location Of service buildings and any other proposed 9.2 The health uhoty shall have the power to enter at ( se)Thelroctures; rerasonable, times upon any private or public property for the (e) The location, size slope and any other applicable data on purpose of Inspecting and investigating conditions relating to the water and sewer lines; enforcement of these regulations. (1) A statement that the water system shall be disinfected in 3.3 IThe health authority shall have the power to inspect the accordance with Section 6.12 below; register containing a record of all mobile homes and occupants (g) Plans and specifications of all buildings and other improve- using the mobile home park. mernts constructed or to be constructed within the mobile 3.4 it shall be the duty of the owners or occupants of mobile home park, including water, sewer andl electrical connec- home parks, and mobile homes contained therein, or of the 'lions. person in charge thereof. to give the health authority free access 2.4 Any person whose application for a permit under these to suich premises at reasonable times for the purpose of inspec- regFulations has been denied may request and shall be granted a tion. ram. a01E 200 E-116 R 61-40 IiEALnt & E!NVIRON. CONTROL DEPT. IIEALTH & ENVIRONI. CONTROL DEPT. I 61-40 3.5 1i shall be the duty of every occupalnt of a mobile home park reasonable time beyond such ten-day period when in his judgment to give thie owner thereof or hIis agent or mnployee access o any the petitioner has submitted good and sufficient reasons for such part of such mobile home park or its premises at reasonable times postponement. for the purpose of making such repairs or alterations as are 4.3 After such hearing. the health authority shall make findings necessary to effect compliance with these regulations, or with any as to compliance with the provisions of these regulations and shal lawful order issued pursuant to the provision of these regulations. issue an order in writing sustaining. modifying or withdrawing the Section 4: Notices, Hearings and Orders. notice which shall be served as provided in Section 4.1. (d). Upon 4.1 Whenever the health authority determines that there are a failure to comply writh any order sustaining or modifying a notice. the permit of the mobile home park affected by the order reasonable grounds to believe that there has been a violation of shall he p ermit the mobie home park aeissued by the rder any provision of these regulations, he shall give notice of such shall be revoked Revoked permits may not be reissued but a new alleged violation to the owner or agent of the park, as hereinafter permit may be issued, if al requirements of these regulations are provided; met. Such notice shall: 4.4 The proceedings at such a hearing, including the findings Such notice shall: and decision of the health authority. and together with a copy of (a) Be in writing; every notice and order related thereto shall be entered as a matter (b) Include a statement of the reasons for its issuance; of public record in the office of the health authority. (c) Allow a reasonable time for the performance of any act it 4.5 Whenever the health authority finds that an emergency requires; exists which requires immediate action to protect the public (d) Be served upon the owner or his agent as the case may health, he may, without notice or hearing, issue an order citing the require; existence of such an emergency and requiring that such action be PROVIDED: That such notice or order shall be deemed to taken as he may deem necessary to meet the emergency including have been properly served upon such owner or agent when the suspension of the permit. Notwithstanding any other provi- a copy of the inspection report form or other notice has sions. of these regulations, such order shall be effective immedi- been delivered personally to the permit holder or person in ately. Any person to whom such an order is directed shall comply charge, or such notice has been sent by registered mail to therewith immediately, but upon petition to the health authority, his last known address; or when he has been served with shall be afforded a hearing as provided in Section 4.2. The such notice by any other method authorized or required by provisions of Section 4.3 and 4.4 shall be applicable to such the laws of this State; hearing and the order issued thereafter. (e) Contain an outline of remedial action, which, if taken, will 4.6 When a permit to operate a mobile home park has been effect compliance with the provisions of these regulations. revoked, the health authority shall notify all occupants of the 4.2 Any person affected by any notice which has been issued in revocation, and give notice that they must remove from the park connection with the enforcement of any provision of these regula- within ten (10) days. tions. may request and shall be granted a hearing on the matter Section 5: Location, Space, and General Layout. before the health authority, PROVIDED: That such person shall 5.1 1he mobile home park shall be located on a well-drained file in the office of the health authority a written petition request- site, and shall be so located that its drainage will not endanger any ing such hearing and setting forth a brief statement of the grounds water supply. All such mobile home parks shall be free from therefor. Upon receipt of such petition, the health authority shall marshes. swamps, or other potential breeding places for insects or set a time and place for such hearing, and shall give the petitioner rodents. written notice thereof. At such hearing, the petitioner shall be 5.2 The'area of the mobile home park shall be large enough to given an opportunity to be heard, and to show why such notice accommodate- should be modified or' withdrawn. The hearing shall be com- menced not later than ten days after the day on which the petition (a) The designated number oh mobile homespaces; was filed, PROVIDED: That upon application of the petitioner, the (b) Necessary streets and roadways. health authority may postpone the date of the hearing for a 5.3 Each independent mobile home space shall contain a mini- 210 211 E-117 to R 61L40 H ENviR . CoAoL. DEPr. .1.0 8.2 All refuse shall be stored in flyight. watertight. rodent-proof Section 7: Sewage DisposaL . ontainers. which shall be located not more than 150 feet from 7.1 All plumbing in the mobile home park shall comply with any mobile home space. Containers shall be provided in sufficient state and local plumbing laws and regulations. The ownership of be and capacity to properly store all refuse. sewage collection and/or treatment systems shall be made a matter of record to the health authority. 8.3 Racks or holders shal be provided for all refuse containers. 7.2 Each independent mobile home space shall be provided with Such container racs or holders shall be so designed as to prevent at least a 4-inch sewer connection. The sewer connection shall be containers from being tipped. to minimize spillage and container provided with suitable fittings, so that a water-tight and gas-tight deterioration. and to facilitate dcleaning around them. connection can be made between the mobile home drain and the 8.4 All refuse shall be collected at least twice weekly. Where sewer connection. Such individual mobile home connections sha suitable collection service is not available from municipal or be self-draining and shall be so constructed that they can be privae agencies, the mobile home park operator shall provide this closed when not linked to a mobile home and be capped so as to service Al refuse shag be collected and transported in covered prevent any escape of odors. The cap shall be fastened to die area rcides or covered contners. of the opening by a keeper chain. 7.3 Sewer lines shall be constructed in accordance with plans 8.S Where municipal or private disposal se vice is not available. formally approved by the health authority and in accordance with the mobile home park operator shall dispose of the refiuse by the recommendations of such health authority. All sewer lines incineration. burial or trnsporting to an approved disposal site. duhall be properly vented. and shall be laid with sufficient earth 8.6 Refuse shall be buried only at locations and by methods cover to prevent breakage from traffic. approved by the health authority. 7.4 Where the sewer lines of the mobile home park are not 8.7 Refuse incinerators shall be constructed only with the ap- connected to a public sewer, a method of sewage disposal ap- proval of the local health authority. Such approval sha be based proved by the health authority shall be provided. The design of on a review of the plans and specifications for such incinerators such sewage treatment facilities shall be based on the maximum and approval of the site where they will be located. Such approval population of the mobile home park. Effluents from sewage treat- shall specify the type of material which may be placed in the ment facilities shall not be discharged into any waters of the State except with prior approval of the South Carolina Pollution Control Authority and the local health authority. The disposal facilities 8.8 Incinerators shall be operated only when attended by some shall be located where they will not create a nuisance or health person specifically authorized by the owner or operator of the hazard to the mobile home park or to the owner or occupants of mobile home park. any adjacent property. or existing downstream user. The approval 8.9 Garbage shall be burned on the premises only in an ap- of the health authority shall be obtained on the type of treatment proved incinerator. proposed and on the design of the disposal plant prior to any Section 9: nd Rodent Control. construction at site. 7.5 In all instances where the composite sewage flow exceeds 91 Insect and rodent control measures to safeguard public 2,000 gallons per day, or where a total of ten (10) or more mobile health as required by the health authority shall be applied in the homes are to use the sewage facility, and where public sewers are mobile home park. not available for connection thereto, plans and specifications for 9.2 The health authority may require the mobile home park water and sewerage systems shall be prepared by an engineer operator to take suitable measures to control other insects and registered to practice in South Carolina, and submitted to the obnoxious weeds. Division of Sanitary Engineering for review and approval. 9.3 Accumulations of debris which may provide harborage for Section 8; Refuse Disposal. rodents shall not be permitted in the mobile home park. 8.1 The storage, collection, and disposal of refuse in the mobile 9.4 When rats or other objectionable rodents are known to be in home park shall be so managed as to create no health hazards, the mobile-home park. the park operator shall take definite action, rodent harborage, insect-breeding areas, accident or fire hazards as directed by the health authority to exterminate them. or air pollution. 215 214 E-418 !itATlm & E. vtmo". CoNTaoL Dvrf. it l-40 R 61-40 HEALTH SC ENVIRON. CONTrtOL Drnf. hEALTH & FMVIrON. CONTROL DDrT. It t41 Setion 6140: Electricity.Co t DFO. 2. The make,. model. and license number of the motor vehicle Section 10: Electricity. iga as115vlshlleand mobile home; provided for each mobile home space. The installation shall 3. The State, territory, or county issuing the mobile home comply with all applicable state and local electrical codes and licee ordinances. Such electrical outlets shall be grounded and weather- 4. The dates of arrival and departure of each mobile home; proof. No main power supply line shall be permitted to lie on the 5. Whether or not each mobile home is a dependent or Wde- ground. or to be suspended less than 15 feet above the ground. pendent mobile home. Ills shall not preclude underground lines. Section 15: Superlsion. Sction II; Fuel. 15.1 Thc person to whom a permit for a mobile home park is 11.1 All piping from outside fuel storage tanks or cylinders to issued shall at all times operate the park in compliance with these mobile homes shal be copper or other acceptable metallic tubing regulations and shall provide adequate wpervision to maintain the and shall be permanently installed and securely fastened in place. par. its facilities and equipment in good repair and in a clean and All fuel storage tanks or cylinders shall be securely fastened in sanitary condition at all times. place and shall not be located inside or beneath the mobile home 16 Mobile Ho or not less than ten (10) feet from any mobile home 1 Any mile hme park which caters exclusitvely to depen- Section 12: Fire Protect io.ome par caters y to epen- Sc12.1 'Te m obile homeparks aashlbeubctote dent mobile homes or which provides spaces for dependent mo- and regulations of the state and local ire prevention authorit bile homes conform to section of e regutions. All 12.2 Mobile home park areas shall be kept free of litter, rubbishall e ment s of Section One through Fifteen o f these regulations and other flammable materials. ha be met fully. except as proided below. Sectdon 13: Alterations and Additions.Restuidons of AZi- 16.2 Reference Section 5.93 each dependent mobile home space Section 13: Alte oa d shall contain not less than 1.000 square feet and shall be at least 25 feet wide. 13.1 All plumbing and clectrical alterations or repairs in the mobile home park shall be made in accordance with applicable 16.3 Reference Section 6.2 this Section shall not apply to local regulations. dependent mobile home parks. 13.2 Skirting of mobile homes is permissible but areas endclosed 16.4 Reference Section 7?.2. this Section shall not apply to by such skirting shall be maintained so as not to provide a dependent mobile homes. harborage for rodents, or create a fire hazard. 16.5 (a) Every mobile home park that accommodates dependent 13.3 No permanent additions shall be built onto or become a mobile homes shall provide not less than the following facilities: part of any mobile home unless they are in accordance with I. For not more than ten (10) dependent mobile homes, the requirements established by the health authority, including the following fixtures shall be provided: Two water closets, one provisions of Section 5.3. lavatory and one shower or bath tub for females; one water 13.4 Pet animals must be innoculated against rabies in accord- doset ne urinal, one lavatory and one shower or bath tub ance with State Board of Health Rules and Regulations. for males; Section 14: Registration of Occupants. Section 14: t~egLtration of Occupantr- 2. For more than ten (10) dependent mobile homes. the follow- 14.1 Every mobile home park owner or operator shall maintain i additional re hall(0) depen dent mob ile home s the follow- a register containing a record of all mobile homes and occupants o shower or bath tub for eachll be p for every additiona ten using the mobile home park. Such register shall be available to (10) dependent mobile homes or fraction thereof; one water any authorized person inspecting the park, and shall be preserved cloet for females for every additional ten (10) dependent for the period required by the health authority. Such register shall mobile homes or fraction thereof; one water closet for males i. The names and addresses of all mobile home occupants for every additional fifteen (1provided that urinal may be suhombsuted for stopping in the park; fraction thereof; provided that urinals may be substituted for 216 E-19217 lie ~~ R 61-40 LrALTH & ENVIRON. CONTROL DEPr. not more than one-third of the additional water closets required under this paragraph. (b) Dependent mobile home spaces shall be not more than 200 feet from a service building. 16.6 Service buildings shall: (a) Be located fifteen (15) feet or more from any mobile home space and where dependent mobile homes are accommo- dated not more than 200 feet from a dependent mobile home space; (b) Be of permanent construction, and be adequately lighted; (c) Be of moisture-resistant material. to permit frequent washing and cleaning; (d) Have adequate heating facilities to maintain a temperature of 70 F. during cold weather. and to supply adequate hot water during time-of peak demands; {e) Have all rooms well ventilated, with all openings effectively screened; (1) Provide separate compartments for each bath tub or shower and water closet. and a sound-resistant wall to separate male and female toilet facilities. Section 17; Enforcement Interpretation. 17.1 These rules and regulations are issued under the Authority of 44-1-140. Code of Laws. 1976. and subsequent legislation. They shall be enforced by the health authority. in accordance with interpretations and public health reasons approved by the State Board of Health. Section 18; Penalties. 18.1 Violation of th, :e rules and regulations shall be punishable in accordance with � 44-1-150. Code of Laws of South Carolina. 1976, and each day of continued violaipon shall be a separate offense. Section 19: Repeal and Date of Effect. 19.1 These regulations shall be In full force and effect on adoption and at that time all regulations and parts of regulations in conflict with these regulations are hereby repealed. Section 20: Unconstitutionality Clause. 20.1 Should any section, paragraph. sentence. clause. or phrase of these regulations be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby. 21i E-120 HEALTmI & ENVIRON. CONTROL DErr. R 614 R 61-45 HEALTH & ENVIRON. ConOL DECr. of cotton products but not including those grades defined as and through the Executive Committee. at a meeting held in cotton by-products. Oil mill motes shall be included as cotton Columbia. South Carolina, by Resolutions duly passed, adopted Waste. the following rules and regulations. and does hereby promulgate Shoddy: This term shal mean any material which has been spun and publish the same which shall govern the impounding of waters into yarn, knit or woven into fabric and subsequently cut up. torn or damming of water courses in the State of South Carolina. up. broken up. ground up or otherwise defabricated and shall be These rules and regulations amend and supplement rules and so designated on the label as "Shoddy." regulations adopted October 2, 1924 and promulgated October Blends or Mixtures: When two or more of the above materials 31, 1924; which rules aAd regulations are repealed by said Resolu- are used in a product, they shall be described on the label as tions and the following adopted in their stead: required above in the order of their predominance. Section 1. Permit to Impound water required. Any person, Cotton Felt: This term shall be used only when fibres are finarm. corporation, association. county, municipality, r other politi- garnetted or carded and used in layer form. It cannot be used cal subdivision, and any state or federal government, agency, when cotton batting or cotton fel scraps or dippings are stuffed department, or authority of dhe same who shall propose or desire or blown in the same manner as unfelted materials. This term to construct an impoundment of H1 acre or more in area for any must be followed by a listing of the component materials as purpose whatever or who shall propose or desire to raise the required above. elevation of a previously existing pond or other body of water, Oil Percentages: When any filling material contains more than shall, prior to the initiation of any construction activities, make five percent (5%) of oil. it must be described as "oily." application to and obtain from the State Board of Health a Dirt and/or Foreign Material: When any filling material contains construction permit for the impounding of such water. more than five percent (59%) of dirt and/or any other foreign Section 2. Application for permit all be in writing. Such material it shall be described as dirt. application for a construction permit shall be made in writing in Section . All new or previously used material. Any person the name of the person, firm. corporation, association. county, supplying material to a bedding manufacturer, within die provi- municipality. or other political subdivision, and any state or fed- sions of the bedding law. shall state in writing, upon the itemized eral government. agency. department or authority of the same invoice required thereunder whether each item of material is "all making application, and shall be accompanied by a description of new" or "previously used" as defined in the bedding law. the proposed project. its purpose, and its exact location, an accurate plat of the area to be affected showing particularly the Section. h . Staou to be s old by South Carolina Tlba Co.Smio maximum and minimum water elevations. and a copy of detailed sion The South Carolina Tax Commission, Columbia, South Carolina, will sell stamps required by the act in lots of not less than 250. or multiples thereof, at a cost of five ($5.00) dollars per Section 3. Construction permit shall be isued. A construction 250. Stocks of labels or stamps previously issued or provided by peruit for the inauguration of initial construction shall be issued the State Board of Health or the State Tax Commission under this by the State Board of Health subject to the following rules and or previous bedding acts may be used by the purchaser thereof regulations, or modifications thereof approved by the Executive until such stocks are exhausted. Commlttee of the State Board of Health. Section 3a. AU brush, trees, etc., to be permanently sub- 61-45. Control of Mosquito Production on Impounded Wa. merged may be left. In the area to be occupied by the reservoir. ters. its ranches, bights, and indentations, all brush, trees, and under- growth below the minimum low-water elevation shall be cut off (Promulgated pursuant to 1 44-1-140 of the 1976 Code; 'led in not more than 18' above the normal ground elevation and shall the office of the Secretary of State on May 19, 1950.) be removed or burned or otherwise disposed of in a manner In order to safeguard the public health, and to prevent the satisfactory to the Executive Committee of the State Board of incidence of insect-borne diseases, under and by virtue of author- Health, Provided, that, on the approval of the Executive Commit- ity vested in it by the Legislature of South Carolina in � 44-1-140, tee of the State Board of Health grass, vegetation, brush, trees, S. C. Code of 1976. the South Carolina State Board of Health by stumps,- and similar materials, which will be permanently and 239 240 E-121 HEALTH & ENvIRON. CONTROL DEPr. I 6145 R 6145 HEALTHI ENVIRON. CONTROL DEtT. completely submerged at time of minimum low water, may be left and construction work on the project begun, a representative or in their original positions. representatives of the State Board of Health shall make inspec- Section 3b. All brush, trees, etc., that would pierce surface of tions of the project from time to time and as requested by the water shal be removed. In the area to be occupied by the permit holder; and the Executive Committee of the State Board of reservoir, its branches, bights, and indentations. all brush, trees, Health shall approve that portion of the work as is outlined in logs. undergrowth, stumps. and other objects below the minimum Section 3 of the regulations which has been satisfactorily corn- low water elevation, which if not removed would pierce the water pleted. As the said representative of the State Board of Health surface at minimum low water elevation or float on the surface of determines that the construction permit holder has complied with the impounded water soon after the impounding of the water and the provisions of Subsections Sa and 3b of these regulations and all of the above material that is lying on the ground or remaining as it shall appear that the construction permit holder is complying in the original or new positions which might cause collections of with the provisions of Subsection Sc of these regulations the floatage and thus constitute conditions favorable to the protection permit holder may thereupon proceed as authoried by approval of larvae of mosquitoes. shall be removed or burned or otherwise from the Executive Committee of the State Board of Health. with disposed of in a manner satisfactory to the Executive Committee the impounding of water to a level specified by said Executive of the State Board of Health prior to the impounding of water. Committee of the State Board of Health, and, when it shall appear Section 3c. Al brush, trees, etc., between mhinimus and that the permit holder has complied with the provisions of Subsec- maximum water level shall be removed. In the area to be tions 3a. 3b, Sc, and 3d of these regulations to the satisfaction of occupied by the reservoir, its branches. bights and indentations. all the Executive Committee of the State Board of Health, said brush, trees. and undergrowth between the minimum and maxi- Executive Committee of the State Board of Health shall certify mum operating water elevations shall be cut off not more than 6� such fact to the permit holder in writing and the permit holder above the normal ground elevation and shall be removed or may thereupon proceed with the impounding of water to maxi- completely burned prior to the impounding of water to prevent mum operating water elevation. the collection and anchorage of any floatage, rafts, and similar Section 5. Maintenance permit issued on compliance with materials. regulations. The Executive Committee of the State Board of Section 3d. Depressions shall be drained. All depressions Health shall thereupon issue a maintenance permit for the mainte- which will be filled with water from the reservoir, its branches, nance of an impounding project by said applicant. the validity of bights. or indentations at time of maximum water elevation. in such permit being contingent upon the observance of the follow- %hich water will be retained at lower stages of the water level, ing regulations: thus forming separate pools, shall be connected with the normal Section 5a. Floatage shall be removed and larvicides shall be body of the reservoir or any of its branches, bights, or indenta- applied. During the mosquito producing season the permit holder tions by a ditch or culvert which will permit complete drainage, or shall regularly and frequently remove all floatage and floating shall be controlled by the regular periodic use of approved larvi- debris in the reservoir, its branches, bights, and indentations cides as permitted and directed by the Executive Committee of the which are producing mosquitoes, and shall during mosquito pro- State Board of lealth. ducing season apply such larvicides as are approved by and in a Section Se. Laborers housed on premises during construction manner satisfactory to the Executive Commiuee of the State Board shall be protected from mosquitoes. All laborers employed in the of Health to all mosquito producing areas of the reservoir or parts construction of the dam and the impounding of the water and of the impounded waters. appurtenant work, and housed in camps, barracks, or other com- Section 5b. Shoreline shall be maintained. The shoreline of munal houses, shall be protected from mosquitoes in a manner the reservoir, its branches, bights, and indentations shall be main- satisfactory to the Executive Committee of the State Board of taied clearofall brush and undergrowth Health. Section 5c. Aquatic and semi-aquatic vegetation shall be pre- Section 4. Inspections shall be made during construction. A vented. Prompt and proper measures shall be taken to prevent the construction permit for the impounding of water having been growth of cattails. bulrushes, alligator weed and other aquatic and granted by the Executive Committee of the State Board of Health, semi-aquatic vegetation which offer protection for mosquito larvae. 241 242 E=122 HALnTI & ENVIRON. CONTROL DETr. R 61-46 Section 5d. Conditions detrimental to public health shall be corrected. After the water has been impounded the Executive Committee of the State Board of Health through its representative shall make such inspections of the impounded waters and adjacent areas as are deemed essential; and any conditions found on the impounded water project that are, or may be detrimental to the public health. shall be corrected by the permit holder in a manner satisfactory to the Executive Committee of the State Board of' llealth. Section 5e. Regulations bhall govern change in water eleva- tion. These regulations shall govern any change in water elevation and as soon as any proposed changes affecting the maximum operating elevation are contemplated, the Executive Committee of the State Board of Health shall be notified in writing. Section 6. Penalty for violation. Failure to comply with the provision of any Section or Subsection of these regulations, after notice thereof, constitutes a violation thereof, and shall constitute, according to i 44-1-150. Code of 1976, a misdemeanor, punisha- ble as provided in that Section. 61-46. Nuisances. (Promulgated pursuant to � 44-1-140 of the 1976 Code, filed in the office of the Secretary of State on October 24, 1961 .) Section 1. Whatever is dangerous to human health, whatever renders the ground. air, or food a hazard or injury to human health, and the following acts, conditions, and things, whenever, in tdie opinion of the local health director they are dangerous to the public health, are each and all of them hereby declared to consti- lnte a public health nuisance: (a) The maintenance of any barn, stable, chicken yard, manure pile, garbage receptacle, etc., in such manner that flies are in excess of acceptable levels. (Amended 3-22-72; Filed 4-6-72) lb) The deposit of garbage in any but fly-proo and watertight receptacles, where residences are less than 506 feet apart. (c) The accumulation of water in which mosquito larvae may breed. (d) Growth of weeds where mosquitoes harbor, or rubbish is concealed on lots between residences less than 500 feet apart. (e) Insanitary condition of privies, toilets, or any other waste disposal, human or otherwise, where residences are less than 500 feet apart. (0 Any building, or any part of a building, which, on account of 243 F23 HEALT & ENVtRON. CONTROL DuEr. R CI-S6 R 61-56 HEALTm S ENVIRON. CONTROL DEtr. cause is intoxication, shall be examined by a physician immediately individuals where public sewers are not available is the proper to rule out the possibility of brain injury or organic disease as a disposal of human excreta and other domestic waste. Many dis- cause of the above disability. Further, if after an eramination is eases, such as dysentery, infectious hepatitis. typhoid and paraty- made, and upon the advice and concurrence of die examining phoid, and various types of diarrhea are transmitted from one physician. the prisoner is kept at the jail, he (or she) shall be kept person to another through the fecal contamination of food and under constant observation by a jailer or trustee until such time water, largely due to the improper disposal of human wastes. For that he shall have completely recovered from the stupor or coma. this reason. every effort should be made to prevent such hazards If after a period not to exceed eight hours, he (or she) has not and to dispose of all human waste so that no opportunity will exist completely recovered, the prisoner shall be transferred to a hospi- for contamination of water or food, or transmission of human tal for further examination and treatment. waste by flies or other vectors. Item 15. Bath on Entrance. All prisoners confined to any jail in Safe disposal of all human and domestic wastes is necessary to South Carolina for twenty-four hours or more shall be required to protect the health of the individual family and the community and bathe all over within thirty-six hours and at least weekly thereafter to prevent the occurrence of nuisances. To accomplish satisfactory and be provided with dothing until the dothes worn on admission results. such wastes must be disposed of so that: have been properly disinfected and made free from vermin, should I. They will not contaminate any drinking water supply. such vermin be present when the prisoners are admitted. 2. They will not give rise to a public health hazard by being Item 16. Disinfection of Cells. Every room or cell occupied by accessible to insects, rodents. or other possible carriers which any patient prisoner suffering with a communicable disease, when may come into contact with food or drinking water. vacated. shall be disinfected. 3. They will not give rise to a public health hazard by being Item 17. Food Service. All prisoners admitted to any jail in accessible to children. South Carolina must be furnished with sufficient, wholesome food. All facilities shall be inspected in accordance with South Carolina pollution or sewage disposalt State Board of Health Rules and Regulations Governing Food Service Establishments. Cooking shall be performed only in the 5. They will not pollute or contaminate any drainage ditch or ~~~~~~~~~kitchen area.,~~ ~the waters of any bathing beach, shellfish breeding ground, or stream used for public or domestic water supply purposes. Section 6. Enforcement Interpretation. These rules and regula- or for public or domestic water supply purposes tions are issued under the authority of � 44-1-140, Code of Laws, 1976. and subsequent legislation. They shall be enforced by the 6 They will not give rse to a nuisance due to odor or unsightly Health Authority. in accordance with the interpretations and pub- appearance. lic health reasons approved by the State Board of Health. These criteria can best be met by the discharge of domestic Date of Effect. These regulations shall sewage to an adequate public or community sewerage system. Section 7. Repeal and atWhere the installation of an individual household sewage disposal be in full force and effect three (3) months after their adoption and publication. At that time, all regulations and parts of regula- system is necessary, the basic principles of design, construction, tions in conflict with this regulation are hereby repealed. installation and maintenance should be followed Section B. Unconstitutionality Clause. Should any section. Section 2-Definitions. The following definitions shall apply in paragraph. sentence. clause. or phrase of this regulation be de- the interpretation and enforcement of these regulations cared unconstitutional or invalid for any reason. the remainder of 1Absorption Trench-A trench not less than 18 and not more said regulation shall not be affected thereby. than 36� in width with a minimum of 14� of clean. coarse aggregate and a distribution pipe, and covered with a minimum of 9' of earth cover. 61-56. Individual Waste Disposal Systems. 2. Disposal System-A system for the treatment and disposal of (Promulgated pursuant to � 44-1-140 of the 1976 Code; filed in domestic sewage by means of a septic tank and a soil absorption the office of the Secretary of State on April 6. 1971.) system. Section I-Purpose. A major factor influencing the health of 3. Domestic Waste-The waste water and its contents from 367 368 E-124 HEALTH & ENVIRON. CONTROL DErr. RR 61-56 HEALTIh & ENVIaON. CONTROL DErr. Litchen. bathroom, toilet. lavatory. and laundry of any residence. be greater. Rock formation or other impervious strata shall be at a business establishment, industrial plant, institution or any public depth greater than six feet (6') below the surface. building. (b) No part of a septic tank or absorption disposal field shall be 4. Health Authority-An authorized representative of the city, constructed within one hundred (100) horizontal feet of a private county. or state health department. or public wellft. or within fifty (50) horizontal feet of impounded or 5. Freeboard-Tlhe vertical distance between the liquid level and natural bodies of water, or open drainage ditches. the top of the septic tank. (c) The area of the lot, or plot of ground shall be of sufficient 6. Grade Boards-An arrangement of wooden boards placed in size so that no part of the disposal system will be within ten (10) a disposal trench to support the pipe of a field lateral line, laid feet of the building. property line. or under a building. driveway lengthwise and set to a uniform grade of not more than one-half or parking area. inch fall in 25 feet and supported by stakes eight (8) feet apart; (d) The soil on the lot must be suitable for the proper function- the purpose of which is to prevent "bumps" and "hollows" in the ing of this type of disposal system. SOIL REPORTS SHALL BE drain tile. REQUIRED AND SHALL BE PERFORMED IN ACCORDANCE 7. Septic Tank-A water-tight. covered receptacle designed and EINTH CURRENT STATE BOARD OF HEALTH REQUIRE- constructed to receive the discharge of sewage from a building MENITS. The tile field shall be sized according to current State seter, separate solids from the liquid. digest organic matter and Board of Health recommendations. basd on soils report. Inaceu- store digested solids through a period of detention and biological rate or incomplete information shall void the periL The soil conditioning of liquid waste. and allow the clarified liquids to report shall be submitted on forms provided by the Health Au- discharge for final disposal. thority. 8. Sewage--Any liquid waste containing animal or vegetable (e) The designed system must be of adequate size, properly natter in suspension or solution. and may include liquids contain- located on lot. ing chemicals in solution. Section 5--Application, Permit. Approval. 9. Soil Absorption Field-A system of absorption trenches. (a) Application Section 3-General. Each dwelling unit or building, occupied Application forms for permit to construct will be furnished by for more than two hours per day. shall be provided with approved the Health Authority. The property owner shall furnish on the lacilities for the disposal of domestic or industrial wastes. Where application blank correct information necessary for the determina- acceptable to the health authority, a septic tank sewerage system tion of the feasibility of a septic tank waste disposal system. mllay be used for the disposal of domestic waste. (including a boundary plat of the lot) layout of system on the lot, It shall be the responsibility of the property owner to insure that driveways, soil report. and any other information deemed neces- .A permit to construct such a system shall be obtained from the sary. The Health Authority will then conduct a site inspection of health authority prior to any construction on the lot. the lot in question before said permit is issued. Incomplete or Soils report shall include percolation test. auger boring, and inaccurate information shall void the permit. *aler table, soil types and structure to a depth of six feet (6'). (b) Pejnit to Construct The general contractor (or prime contractor, or person con- A permit to construct a septic tank and absorption field will be structing and building) shall not. however, begin construction of issued to the property owner if the minimum requirements as set 1ile building until such permit is issued by the health authority. forth, in these regulations are met. The permit holder will build or After the permit is issued. the sewage disposal facilities shall then have built the septic tank and absorption' field, according to the he built according to these Rules and Regulations so as to receive permit and according to these rules and regulations. The permit Ihc approval of the Health Authority. shall be void twelve (12) months after the date of issue. Incom- Section 4-Minimum Conditions. plete or inaccurate information shall void the permit. la) The maximum ground water elevation shall be at least three (c) Approval Icct (3) below the surface or not less than six inches (6') below The system must be left exposed until a final inspection is made lic bottom of the ditch within the absorption field. whichever shall by the Health Authority, and a certificate of approval issued. 369 370 E-125 * i� �~ IEALThI &l "NVItON. CONTROL DEfr. R 61-5 . 61-56 HEALTH & ENVIRON. CONTrOL DEPr. Contractors, builders. developers, or realtors selling newly cont- outside the area occupied by the building and outside areas used structed or old homes requiring remodeling or changes to sewage for driveways or parking. disposal systems shall provide the buyer with a certified copy of (a) The absorption ditch must be at least twenty-three (23) she Health Authority approval of the septic tank and absorption inches deep. field. (b) The slope of the distributor lines and bottom of the ditch No home or building shall be occupied or rented without shall not exceed two (2) inches per one hundred (100) linear feet. satisfactory sanitary waste disposal facilities approved by the (c) The bottom width f the distributor ditch shall not be less Health Authority. than eighteen (18) inches. nor more than thirty-six (36) inches. Section 6-Minimum Septic Tank Requirements. No septic tank (d) Coarse aggregate under distributor line shall not be less shall be installed which has a net liquid capacity of less than 890 than six (6) inches deep. The aggregate may range in size from , gallons. inch to 2� inches. Fines must be prohibited. All smeared or (a) The plan of each septic tank shall be in accordance with compacted surfaces of the ditch shall be raked to a depth of one approved engineering standards in general, and the following inch before gravel is placed in the ditch. Trenches constructed standards in particular. within ten (10) feet of trees. or dense shrubbery must have at least (b) The length shall be at least two (2) but not more than three twelve (12) inches of aggregate beneath the tile (3) times the width. (e) The depth of coarse aggregate over the distributor line shall (c) The uniform liquid depth shall not be less than four (4) feet. not be less than three (3) inches and shall be leve across the (d) At least one (I) foot freeboard shall be provided (f) The internal diameter of the distributor line shall not be less (e) The theoretical detention period shall not be less than than four (4) inches. and shall be so constructed that leaching will tenty-four (24) hours, based on the average daily flow. occur at one (1) foot intervals or less. (I) All tanks shall be constructed of material approved by the (g) Distribution pipe must be of an approved material. Health Authority and shall be of water-tight construction. (h) If farm tile is used as a distributor. the top half of tile joints (g) All persons or firms constructing precast or cast-in-place shall be covered with strips of asphalt roofing or other approved septic tanks to be used in South Carolina shall obtain a permit type ofjoint cover, at least three (5) inches in width. from the State Health Authority. (i) Distribution and drop boxes: Distribution boxes shall be (h) Cement block (or equal) constructed septic tanks must utilize installed as required-drop boxes required as needed to maintain six inch (6') minimum block with well filled mortar joints; walls to proper absorption field distribution. When drop boxes are needed he plastered with V' layer of portland cement-sand plaster; the trench will be properly dammed across trench width. bottom of tank, poured concrete, three (3) inch minimum; top of (j) The area of the absorption field will be determined by the tank, reinforced three (3) inch slab with provisions for access to number of bedrooms per dwelling, or the number of persons inlet and outlet devices. using facilities, and soil conditions but no tile field shall contain (i) A sanitary tee or sweeping ell with �' weep hole will be less than.ne hundred (100) linear feet of tile used for the inlet and must enter the tank a minimum of two (2) (k) The number of distributor lines shall not be less than two inches above the liquid level of the tank. The inlet must penetrate (2) and no single distributor line shall exceed one hundred (100) at least six (6) inches below the liquid level. feet in length. (j) An outlet tee will be provided penetrating the liquid a (I) All distributor lines shall be installed according to standard miniAn of eighteen (18) in c h es deppntaigth. iudaengineering practices and no nearer than ten (10) feet on center mtinimumn of eighteen (18) inches depth. of line. Grade boards (I X 6') or grade stakes shall be set prior (k) The waste line from the house to the septic tank must be to installation of aggregate and tile. properly installed at the time of inspection. (m) The coarse aggregate over the distributor line shall be Section 7-Minimum Requirements for Absorption Field. The covered with an untreated building paper to prevent infiltration of location of the absorption field silall be in an unobstructed area, backfill material. An impervious covering may not be used. 371 372 E-126 HEALTH & ENVIRON. CONTROL DEPr. R 61-56 R 61-56 HlEALTIt & ENVIRON. CONTROL DEFT'. (in) The depth of earth cover over coarse aggregate shall not be bold letters at least four (4) inches in height. Contents of these less than nine (9) inches. Care must be taken to prevent harming vehicles must be disposed of in a manner approved by the local the tile field while backfilling. Health Department. Section 8-Construction Criteria. Section 13-Enforcement Interpretation. These rules and regu- (a) No additional water consuming appliances or fixtures may be lations are issued under the Authority of 1 44-1-140. Code of connected to the septic tank system unless the system was de- Laws. 1976, and subsequent legislation. They shall be enforced by signed to receive the waste from them. the Health Authority in accordance with interpretations and public (b) All rough grading or filling shall be done prior to the health reasons approved 'by the S. C. Department of Health and itnstallation of the septic tank system. Environmental Control. (c) No excavating or backfilling of the absorption system shall be Section 14-Penalties. Violation of these rules and regulations performed during wet weather. shall be punishable in accordance with � 44-1-150. Code of Laws (d) The area in which the system is located shall be protected of South Carolina. 1976. and each day of continued violation shall fiom surface water, roof or downspout drainage. be a separate offense. (e) All dirt. mud and debris shall be removed from the tank Section 15-Repeal and Date of Effect. These regulations shall before backfilling. All backfilling around tanks shall be tamped to be in full force and effect on adoption and at that time all prevent caving. regulations and parts of regulations in conflict with these regula- (i AU joints in the septic tank lids shall be covered with heavy tions are hereby repealed. roofing paper. Section 16-Unconstitutionality Clause. Should any section. ({g) The top of the absorption trench shall be overfilled with four paragraph. sentence, or clause, or phrase of these regulations be (1) to six (6) inches of earth to allow for settlement. declared unconstitutional or invalid for any reason, the remainder Section 9-Grease Traps. Boarding houses, cafes. restaurants. of said regulation shall not be affected thereby. hotels. or food preparation establishments shall install a grease Irap on the kitchen waste line preceding the septic tank. The 61-5. Subdiviioa Water Supply and Waste Disposal Sy- grease trap must be designed in accordance with current engineer- tem ing standards. and shall be easily accessable for cleaning. Crease traps will be installed on the outside of buildings. (Promulgated pursuant to � 44-1-140 of the 1976 Code; filed in Section 10-Tanks Greater than 2000 Gallon Capacity. The the office of the Secretary of State on November 3, 1971.) plans and specifications for each septic tank installation having a I. Purpose. For the protection of the health of the people by capacity of two thousand (2000) or more gallons. shall be submit- preventing the spread of communicable diseases by providing safe ted by a registered engineer licensed by the state of South and adequate water supply and sanitary sewage disposal facilities, Carolina to the Bureau of Environmental Engineering of the S. C. to protect the ground and surface waters of the State from Department of Health and Environmental Control, through the contamination or pollution from both bacteriological and chemical local Health Authority, and approved prior to construction. waste, and to attain uniformity of public health practice in the Section I I-Discharge of Waste. No septic tank effluent or filter State. " rilluent shall be approved for discharge into any streams in South 11. Definitions. (:Crolina unless authorized by an agent of the South Carolina Subdivisions-Any tract or parcel of land subdivided into two Department of liealth and Environmental Control and the South (2) or more lots for building sites, for the purpose-immediate or C.,rolina Pollution Control Authority. Sewage shall not be dis- future-of building development. This definition shall include charged to the ground surface or to any ditch. mobile home parks and multifamily residences. This definition Section 12-Cleaning Septic Tank. All persons or firms cleaning shall also apply whether the lots are to be sold, rented. or leased. or pumping out septic tanks shall have a valid written permit from Lot-A part of a subdivision, or parcel of land. used as a tile local Health Authority to do so. Vehicles used for this purpose residence site or intended for use as a residence site whether 11.aII have the owners name and address prominently displayed in immediate or future. 373 374 27 HIEALTUt & ENVI1RON. CONIrOL DerT. R 61-57 R 61-57 HEALTa 8; ENVIRON. CONTrOL DepT. Residence-Any house or structure intended for human habita- shall occur nor shall the water supply be utilized prior to issuance tion for a period greater than two hours per day. of this statement. Subdivider-Any person or company who divides a tract of land 6. Subdivisions, as recorded, which have been under develop- into two (2) or more lots to sell, lease, or rent. ment and unapproved by the South Carolina Department of Engineer-A person registered as Professional Engineer by the Health and Environmental Control and fifty percent or more of South Carolina Board of Engineering Examiners, and competent the lots remain unsold shall comply with this regulation. Any in the field of water and waste treatment. addition or extension to the original platted area shall be consid- Land Surveyor-A person registered as a Land Surveyor by the cred a new development. South Carolina Board of Engineering Examiners. 7. No lot may be sold in any subdivision, developed hereafter, Qualified Person-A person who performs analyses and submits prior to approval of this subdivision by the Department of Health soil evaluation data. His special qualifications and knowledge of and Environmental Control. soil behavior and limitations under conditions of waste disposal IV. Procedure. shall be a matter of record and shall be acceptable to the State I. Any person, firm. or corporation contemplating the develop- Board of Health or its agent. ment of land for subdivisions must first submit to the County 111. Objectives. Health Department a plat drawn to scale not less than 1' = 200'; 1. All subdivisions shall be served by approved community or for small areas, a scale of = 100 shall be used. Plat size shall public sewerage systems unless proof of unfeasibility is docu- not exceed 24� X 36'. All plats shall show north arrow, lot lines mented and such documentation is acceptable to the State Board with dimensions and lot identifications. roads, and easements with of Health. proper identifications, natural features including contours. drain- (a) Where central collection and treatment facilities are re- age, and location sketch for reference identification of the area. All quired, such systems shall be designed by and constructed under documentation and data required by these regulations shall be the direction of an engineer in South Carolina. fully completed and properly signed, and shall accompany the (b) When multiple septic tank installations are proposed in plat. subdivisions, the plats shall be prepared, signed, and seal affixed 2. The County Health Department, upon completion of its by a Iand surveyor. Submittal of additional data. collected and review, will transmit its recommendations and all supporting data interpreted by "qualified persons", may be required by the De- to the District Health Office for review. partment of Health and Environmental Control, or its agent. to 3. If the water and/or sewerage system is privately owned, it is substantiate justification for such installations. subject to regulation by the S. C. Public Service Commission and a 2. All subdivisions shall be served by approved public water surety bond in accordance with Article 7 of Chapter 5 of Tide 58 supplies unless proof of unfeasibility is documented and such of the 1976 Code will be required. Evidence of such a bond shall documentation is acceptable to the Department of Health and be furnished the Department of Health and Environmental Con- Environmental Control. trol prior to placing the system in service. 3. All water supply and sewerage systems shall comply with the 4. A person or firm, properly certified by the South Carolina South Carolina Department of Health and Environmental Control Board of Certification of Public Water and Wastewater Plant laws, rules, and regulations pertaining to such systems. Operators, shall be employed to perform operation and mainte- 4. A written permit shall be obtained from the Department of nance of community water and sewerage systems. The South Health and Environmental Control, or its agent, prior to begin- Carolina Department of Health and Environmental Control shall ning construction of water supply and/or sewage disposal facili- be informed, in writing. the name of this person or firm, and any ties. Any extension of an existing system shall also require written change in this operator shall be cleared with the South Carolina approval. Department of Health and Environmental Control. 5. A written "Use Approval" shall be obtained from the Depart- 5. Prior to approval of a subdivision, a statement must be ment of IHealth and Environmental Control. or its agent. following submitted from the appropriate governmental agency stating that construction. No waste discharge to the sewage disposal facility streets and drainage plans have been reviewed and are approved, 375 378 E-128 LCALTIl & ENviWON. CoNTROL UDtr. R "-511 and that said agency accepts responsibility for the maintenance of drainage facilities, including all rights-of-way and easements. 6. Privately-owned and operated water and/or sewerage facilities lying within a legally-constituted public service district or munici- pality shall be required to obtain written approval from said district or municipality prior to action by the South Carolina Department of Health and Environmental Control. 7. There shall be sufficient land area on each lot for all pro- posed buildings, driveways. utility easements. drainage, approved water supply, and approved sewerage disposal system or connec- lion. 8. Should consideration of the use of multiple septic tanks be justified, percolation tests, auger borings. soil classification, maxi- mum seasonal ground water elevation, and other appropriate tests shall be performed by qualified persons and shall be in accordance with standard procedures approved by the South Carolina Depart- ment of Health and Environmental Control and attested to on forms supplied by the South Carolina Department of Health and Environmental Control. V. Enforcement Interpretation. These rules and regulations are issued under the Authority of � 44-1-140, Code of Laws of South Carolina, 1976, and subsequent legislation. They shall be enforced by the health authority, in accordance with interpretations and public health reasons approved by the Department of Health and Environmental Control. VI. Penalties. Violation of these rules and regulations shall be punishable in accordance with � 44-1-150, Code of Laws of South Carolina. 1976, and each day of continued violation shall be a separate offense. VII. Repeal and Date of Effect. These regulations shall be in full force and effect on adoption and at that time all regulations and parts of regulations in conflict with these regulations are hereby repealed. ViII. Unconstitutionality Clause. Should any section. paragraph, sentence. clause, or phrase of these regulations be declared un- constitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby. 61-58. Waterworks Systems. (Promulgated pursuant to �I 44-55-20 and 44-55-30 of the 1976 Code; filed in the office of the Secretary of State on June 28, 1968.) 317 E-129 . HEALTH & ENVIaON. CoNTraoL DEPr. I 61-59 R 61-"5 HE.Lnt k ENVIRON. CoNROL Dwr. tank; therefore, if used. precautions should be taken to provide for buildings. recreational areas, wells, water courses. dry runs, ventilation and proper gas mask. rock outcroppings, roads and other details and shall indicate Factors other than concentration and time affect the efficiency of the general topography. chlorine; therefore, the above methods are suggested for most (2) Plot plan of the site showing dimensions, locations of soil circumstances. The true test of disinfection will be sampling borings, proposed trenching plan or original fill face, area required following disinfection. Should a repeat disinfection proc- or ramp method, cover stock piles, surface and ground ess be required, chlorine concentrations should be increased. water drainage ditches and fencing. Cross sections shall be VII. Prior Regulations Rescinded-All Laws, Rules and Regula- included on the plot plan or on separate sheets showing tions Relating to Water Supply and/or Water Plants previously both the original and proposed fill elevations. The scale of adopted that may conflict with these regulations are hereby re- the plot plan should not be greater than 200 feet per inch. scinded. (3) The engineering report accompanying the plans should indicate: 61-59. Milled or Shredded Refuse Disposal Sites. a. population and area to be served by the proposed site; (Promulgated pursuant to � 44-1-140(11) of the 1976 Code; b. anticipated type, quantity and source of refuse (solid filed in the office of the Secretary of State on February 28, 1973.) waste) to be disposed of at the site; Section I. Definition (As used in these Regulations). Milled or c. geological formations and groundwater elevations to a Shredded Refuse shall mean all putrescible and non-putrescible depth of at least 10 feet below any proposed excavations solid waste (except body waste). including garbage, rubbish, street and lowest elevation of the site. Such data shall be cleanings, dead animals, yard dippings and market and industrial obtained by soil borings and other appropriate means; solid waste-excluding hazardous waste that has been milled or d. observation test wells which will reveal reliable data on shredded in such manner that will not create a public health groundwater contamination where deemed necessary by h-,zard or nuisance and that no less than 9056 of the material by the State Board of Health. weight will go through a 4-inch sieve. weight will go through a 4-inch sieve. (4) The engineering plans shall indclude one or more topo- Section IL Disposal Sites and Facilities. All milled or shredded graphic maps at a scale of not over 200 feet to the inch. tefuse disposal sites shall meet the following minimum standards Contour intervals shall not exceed 10 feet. These maps shall Ias set forth in this Regulation. show: the proposed fill area; any borrow area; access roads; A. The Site Location Shall grades for proper drainage of each lift required and a typical (1) be easily accessible to authorized unloading vehicles cross section of a proposed lift on the site being discharged; (2) prevent water pollution originating from milled or shredded special drainage devices if necessary; fencing (permanent refuse and portable) and proposed utilities; employee facilities; and (3) not be conducive to the harborage and/or breeding of flies, all other pertinent information to clearly indicate the orderly rodents or any other nuisance animals development, operations and completion of the milled or (4) conform with future development of the area. shredded refuse disposal site. B. Site Design. The site plans and engineerfig report shall bear C. Operational Features and Appurtenances. The disposal site the seal and signature of and shall be submitted by a professional shall be provided with operational features and appurtenances engineer, registered to practice in the State of South Carolina. necessary to maintain a clean and orderly operation. These mini- The above-mentioned plans and engineering report shall consti- mum features are: tute a request for a permit to construct and operate a milled or (1) operational plans to direct and control the use of the site; shredded refuse disposal site and shall include the following: (2) control of access; (I) Map or aerial photograph of the area showing land use and (3) an all-weather access road to the site; in some cases it may zoning within K mile of the solid waste disposal site. The be more economical to provide a temporary site area adja- map or aerial photograph shall be of sufficient scale to show cent to an all-weather road for inclement weather operation. all homes, schools, churches, commercial and industrial (4) vector control measures shall be instituted whenever neces- 383 384 E-130 IIELTu &S ENVIRON. CONTROL DrPT. R 61l59 a 61-59 HEALM & ENViRoN. CONTROL DePr. sary. Domestic animals shall be excluded from the site and (2) Landfilling proper control measures shall be taken to exclude wildlife; a. Supervision shall be continuously available to coordinate the (5) open burning is prohibited on the site; unloading activities. (6) milled refluse shall be deposited at least two feet above b. The milled or shredded refuse shall be spread and comn groundwater table. pacted on a daily basis with a minimum compacted weight of 1000 pounds per cubic yard. D. In order to provide a suitable staff to man and operate the c. After refuse is spread and compacted, it shall not be dis- site, the following is required: turbed. (I) whatever staff deemed necessary by the State Board of d. Final cover shall be applied to any surface that represents the Health to implement operations; final grade of the milled or shredded refuse site. A minimum (2) potable water on or near the site (coolers acceptable if of two (2) feet of a well-graded soil cover, compacted and public water lines are not available); graded. will usually fidulfill the requirements of final cover. In (3) sanitary toilet on or near die site. some cases, where other soils are used or where trees are Eplanted. additional cover may be necessary. Suitable plant- E. Equipment. The operation of a nmiled or shredded refuse ings (grass, trees, etc.) shall be provided to help minimize disposal site depends on mechanical equipment. To assure ade- erosion and surface deterioration. quate operation, the following are required: e. The grade of the final cover shall drain the surface runm-off (I) equipment or adequate contractual arrangements for equip- water to predetermined points in the drainage system to ment as deemed necessary by State Board of Health to carry prevent ponding. For this reason, it is best to slightly overde- out normal operations; sign initial grades so that when settlement occurs, the surface (2) sufficient reserve equipment, or arrangements to provide will be suitable for good drainage. alternate equipment within 24 hours following equipment (3) Special Handling breakdown; a. There shall be no disposal of waste sludges, oils, chemicals (3) safety devices on equipment to shield and protect the opera- and liquids without prior approval by the State Board of tors from potential hazards during operations; Health who will give special consideration to: probability of (4) shelter for maintenance and storage of parts, equipment and water pollution; odors; and the health and safety of em- tools; ployees. Appropriate provisions shall be made for the han- dling of these waste materials. (5) equipment to extinguish fires or arrangements to provide b. Haardous refuse disposal requests shall be made to the for fire protection. State Board of Health and approval must be obtained prior F. Construction. Certain operations must be included to per- to the incorporation of these materials into the milled or form the basic functions of the site. shredded refuse disposal site. (I) General (4) Supervision and Inspection a. Controlled access to the site must be mnaintained to keep a. Routine inspection and evaluation of the site's operations will unauthorized persons out. Access to the site shall be limited be made by a representative of the State Board of Health. A unauthorized persons out. Access to the site shall be limited notice of any deficiencies, together with any rcommenda- to those times when an attendant is on duty.~ notice of any deficiencies. together with any re~commenda- to those times when an attendant is on duty.. lions for their correction. will be provided to the owner or b. Blowing paper shall be controlled. The entire area shall be G overnmental Agency responsible fo the operation of the policed as may be necessary to remove accumulations. site c. Salvaging and scavenging shall not be allowed at the site. b. Inspection of the completed milled or shredded refuse dis- d. Conditions unfavorable for the habitation and production of posal site made by a representative of the State Board of insects and rodents shall be maintained by carrying out Health, before the earthmoving equipment is removed from sanitary operations promptly. All offensive odors will be the site. Any necessary corrective work shall be performed controlled. before the project is accepted as completed. Arrangements 385 385 E-131 m�1 HE"LTH SC EiVIltON. COHTPOL Dtrf. k11-40 shall be made for the repair of all cracked, eroded and uneven areas in the final cover as required during a sufficient period to assure satisfactory land recovery and not create a health nuisance or aesthetic problems. Section 111. Variances. Any requests for variances to these rules and regulations must be directed in writing to, and will be considered by, the State Board of Health on an individual basis. 61-60. Storage, Collection, and Transportation of' Solid Waste, and Permitting of Private Franchised Collectors. (Promulgated pursuant to t44-1-140(11) of the 1976 Code; filed in the office of the Secretary of State on January 28. 1972.) 1. General Section 9 of the General Appropriations Act (Act No. 410) defines the South Carolina State Board of Health as being "the agency of State Government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina. including the handling and disposal of garbage and refuse; . . ." Improper storage, collection, and transportation systems create health hazards, odors, impair the aesthetic appearance of the State. encourages wild and domestic animal feeding and exposes collection employees and residents to undue risks. Therefore, these minimum standards are proclaimed to eliminate these adverse factors. 11. Definitions, as used in this regulation are as follows: "Refuse, includes all foreign substances and pollutants apart from those 'flowing from streets and sewers' and passing there- from in a liquid state into the watercourse." United States vs. Standard Oil Company. 384 U. S. 244, 1 Environmental Reporter 1033 (1966). This also includes hazardous wastes, garbage. and any other solid wastes not flowing from streets and sewers and passing therefrom in a liquid state. Sanitary Landfill means a method of disposing of refuse (solid waste) on land without creating pollution, nuisances, environmen- tal threats or hazards to public health or safety. Collector means any person. firm, co-partnership, association. corporation. Governmental Unit or Agency who collects refuse (solid waste) from residences, businesses. and/or industrial sites, with or without remuneration. Refuse Container is a receptacle used for the temporary storage of refuse. If made of metal. it shall have handles, a tight-fitting lid. and be of a maximum 32-gallon capacity, unless an approved closed nietal commercial container with mechanical unloading is used. E-132 AIR POLLUTION CONTROL REGULATIONS 14. Incinerator - Means an engineered apparatus and all appurtenances thereto, designed to reduce combustible solid, semi-solid, liquid, or gaseous waste by REGULATION NO. 62.1 high temperature burning. DEFINITIONS AND PERMIT REQUIREMENTS 15. Mass Emission Rate - The weight discharged per unit of time. 16. Opacity - The degree to which emissions reduce the transmission of light SECTION I - DEFINITIONS and obscure the view of an object in the background. The following words and phrases when used in the Regulations and Standards 17. Open Burning - Any fire or smoke-producing process which is not conducted shall for the purpose of these regulations have the meanings respectively ascribed in any boiler plant, furnace, high-temperature processing unit, incinerator or to them in this section, unless a different meaning is clearly indicated. This flare, or in any other such equipment primarily designed for the combustion of section augments Section 1 of the South Carolina Pollution Control Act. fuel or waste material. 1. Acid Mist - Mist or droplets of sulfuric or other strong acids. 18. Particulate Matter - Any materials, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions. 2. Add - Additions to a process which will increase size, scope or emissions from such process. 19. Process Industry - Any source engaged in the manufacture, processing, handling, treatment, forming, storing or any other action upon materials except 3. Alter - Alter means modification or change in a process or processes which fuel-burning operations. would affect emissions to the atmosphere. 20. Process Weight - The total weight of all materials introduced into a source 4. Ambient Air Quality Standards - That standard for the quality of ambient operation, including air and water where these materials become an integral part air at or beyond a property line on which a source of pollution is emitting. of the product, and solids used as fuels but excluding liquids and gases used I solely as fuels. 5. Application - Means a form provided by the Department which is prescribed to provide the information required to grant approval to construct and operate 21. Process Weight Rate - A rate established as follows: a source or an incinerator; or to report an existing incinerator. (a) For continuous or long-run steady-state source operations, the total 6. Board - Board means Board of Health and Environmental Control. process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such 7. Commissioner - Commissioner means the Commissioner of the Department of period or portion thereof. Health and Environmental Control. (b) For cyclical or batch unit operations, or unit processes, the total 8. Department - Department means the Department of Health and Environmental process weight for a period that covers a complete operation or an Control. integral number of cycles, divided by the hours of actual process operation during such a period. 9. Environmental Location - Location of human, plant, or animal life or property. Where the nature of any process or operation or the design of any equipment 10. Fuel Burning Operation - Use of furnace, boiler, device or mechanism used is such as to permit more than one interpretation of this definition, the in- principally but not exclusively, to burn any fuel for the purpose of indirect terpretation that results in the minimum value for allowable emission shall apply. heating in which the material being heated is not contacted by and adds no substance to the products of combustion. 22. Refuse - Garbage, rubbish and/or trade waste. 11. Fugitive Dust - Solid airborne particulate matter emitted at or near ground 23. Ringelmann Chart - The chart published and described in the U.S. Bureau of level from any source other than a flue. Mines Information Circular 7718, on which is illustrated graduated shades of gray to black for use in estimating the light obscuring capacity of smoke. 12. Garbage - Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. 24. Rubbish - Solid wastes from residences and dwellings, commercial establish- ments, and institutions. 13. Hazardous Air Pollutant - Those pollutants which are the subject of National Emission Standards for Hazardous Air Pollutants promulgated by the United States 25. Salvage Operations - Any operation of a business, trade, or industry engaged .Environmental Protection Agency by publication in the Federal Register. in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers, drums or automobiles. E-133 * I s 26. Smoke - Small gas-borne and airborne particles arising from a process of combustion in sufficient number to be observable by a person of normal vision under normal conditions. under normal conditions. b. Sufficient description, including physical and chemical properties, of materials and processes necessary for the Department to determine 27. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and actual and potential emissions; wood. c. Identification of all emission points; 28. Stack - Any flue, conduit, duct, chimney, or opening arranged to conduct an effluent into the open air. . an effluent into the open air. d. A description, including physical and chemical properties of all emissions; 29. Stack Height - The vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere and the e. A complete description including engineering design and operating elevation of the land thereunder. characteristics of any air pollution control device or system that is to be installed; and 30. Standard Conditions - 760 millimeters of mercury at 250 Centigrade. f. Other information as may be necessary for proper evaluation of the 31. Trade Waste - All solid, liquid or gaseous material or rubbish resulting proposed source as determined by the Department. from construction, building operations, or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, 2.later ating permit applications prior to placing any new, increased or Depatment no paint, grease, oil and other petroleum products, chemicals and cinders. source into operation and no later than sixty (60) days prior to the expi- SECTION 11 - PERMIT REQUIREMENT S ration date for a source already possessing a valid operating permit. A. Construction Permit D. Special Permit Conditions All permits shall contain, in addition to such special conditions as the Any person who plans to construct, alter or add to a source of air contaminants, All permits shall contain, in addition to such special conditions as the including the installation of any device for the control of air contaminant dis- Department finds appropriate, the following standard conditions: charges, shall first obtain a construction permit from the Department. The Depart- 1. No applicable law, regulation or standard wil be contravened; ment may grant permission to proceed with minor alterations or additions without issuance of a permit when the Department determines that the alteration or addition will not affect the quantity or character of the source emission. statements are an integral part of the permit; and will not affect the quantity or character of the source emission. 2. All official correspondence, plans, permit application forms and written statements are an integral part of the permit; and B. Operating Permit 3. Any malfunction of air pollution control equipment or system, process upset or other equipment failure which results in greater discharges of Any person who plans to place into operation a new source of air contaminants, air contaminants than were described f alure whch results in greater discharges of including any device for the control of air contaminant discharges, shall first air co ntaminants than were described for normal operation in the permit obtain an operating permit from the Department. application shall be reported to the Department within twenty-four hours obtain an operating permit from the Department. Any person who plans to continue after the beginning of the occurrence and a written report submitted to the operation of any existing source for which he possesses a valid operating permit Department withni 30 days. The writt en report shall include, as a minimum, shall renew such permit prior to expiration. Operating permits will be issuedritten report shall include, as a iniu, for a specified period of time, but in no case to exceed five (5) years. The Department the following: may issue temporary permits to newly constructed, enlarged or altered sources to provide additional time for adequate evaluation of such sources and to existing a. The identity of the stack and/or other emission point where the ex- sources not presently in compliance with these regulations and standards if accep- cess emissions occurred; table compliance schedules are placed as conditions of the permit. b. The magnitude of the excess emissions expressed in the units of the C. Permit Application applicable emission limitation and the operating data and calcula- tions used in determining the magnitude of the excess emissions; I. Construction permit applications shall be prepared and submitted by a pro- c. The time and duration of the excess emissions; fessional engineer registered to practice in the State of South Carolina and shall provide, as a minimum, the following information: d. The identity of the equipment causing the excess emission; a. The name and location of the facility and its planned operating schedules; E-134 e. The nature and cause of such excess emissions; REGULATION NO. 62.2 f. The steps taken to remedy the malfunction and the steps taken or PROHIBITION OF OPEN BURNING planned to prevent the recurrence of such malfunction; g. The steps taken to limit the excess emissions; and Open burning may be conducted in certain situations if no undesirable levels are or will be created. The authority to conduct open burning under this Regula- h. Documentation that the air pollution control equipment, process tion does not exempt or excuse the person responsible for the burning from the equipment, or processes were at all times maintained and operated, consequences of or the damages or injuries resulting from the burning and does to the maximum extent practicable, in a manner consistent with good not exempt or excuse anyone from complying with other applicable laws and with practice for minimizing emissions. ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this Regula- E. Exemptions tion. The Department reserves the right to impose other or different restrictions and exemptions on open burning in addition to those enumerated below, whenever 1. No permits shall be required for the following sources constructed in the judgement of the Department such is necessary to realize the purpose of prior to February 11, 1971: this Regulation. Open burning is prohibited except as provided below: a. Natural gas boilers; A. Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences or dwellings of four families or less, b. Oil fired boilers of 50,000,000 BTU/BHR rated capacity or smaller; and burned on those premises. and B. Open burning in connection with the preparation of food for immediate c. Coal fired boilers of 20,000,000 BTUI/HR rated capacity or smaller. consumption. 2. No permits shall be required for the following sources: C. Campfires and fires used solely for recreational purposes or for cere- monial occasions. a. Boilers and space heating systems of less than 1,500,000 BTU/HR rated capacity; D. Fires purposely set to forest lands for specific management practices in accordance with guidelines acceptable to the Department. Such prac- b. Comfort air conditioning or ventilation systems; tices shall include: c. Motor vehicles; 1. Prescribed burning under existing standards for various management objectives and d. Laboratory hoods; 2. Site preparation burning for purposes of clearing an area for e. Emergency power generators of less than 150 KW rated capacity; and regeneration. f. Sources emitting only steam, air, nitrogen, oxygen, carbon dioxide, E. Fires purposely set for agricultural control of diseases, weeds, pests, Jr any physical combination of these. Uhen such sources are found and for other specific agricultural purposes in accordance with practices -o be in violation of the visible emission standards, the Depart- acceptable to the Department of Health and Environmental Control. amet may require operating permits to assure compliance with the standards. F. Open burning of trees, brush, grass and other vegetable matter for game management purposes in accordance with practices acceptable to 3. Package-type incinerators of 750 pounds per hour rated capacity or the Department of Health and Environmental Control. smaller which burn types 0 and I wastes as defined by the Incinerator Institute of America and package-type boilers of 100,000,000 BTU/HR G. Open burning in other than predominantly residential area for the rated capacity or smaller which burn natural gas or oil as fuel are purpose of land clearing or right-of-way maintenance. This will be exempt from the requirement that the construction permit applications exempt only if the following conditions are met: be prepared and submitted by a registered professional engineer pro- vided the proposed unit is identical to a proto-type model which has been previously designed or otherwise certified by a professional en- gineer. E-135 0 0 � 2. Heavy oils, asphaltic materials, items containing natural or 1. Prevailing winds at the time of the burning are away from any city synthetic rubber, or any other trade waste which produce amounts or town, the ambient air of which may be significantly affected by of smoke in excess of forty (40) percent opacity are not burned, smoke from the burning; and 2. The location of the burning is at least one thousand (1,000) feet 3 . The initial burning is commenced only between the hours of 9:00 a.m. from all residential, commercial and industrial facilities other and 3:00 p.m.; no additional fuel shall be added before 9:00 a.m. of than a dwelling or structure located on the property on which the the following day. burning is conducted; b. Open burning, in remote or specified areas: 3.The amount .of dirt on the material being burned is minimized; 1. Of such trade waste as constitutes rubbish as defined in this 4. Heavy oils, asphaltic materials, items containing natural or syn- Regulation provided smoke in excess of forty (40) percent opacity thetic rubber, or any materials other than plant growth which pro- is not emitted except for a reasonable period to get the fire duces smoke in excess of forty (40) percent opacity are not a started, and the burning Is conducted in accordance with Paragraph part of the material burned; G of this regulation. 5. The initial burning may be commenced only between the hours of 2. Of highly explosive or other dangerous material for which there 9:00 a.m. and 3:00 p.m.; no combustible material is added to the Is no other feasible method of disposal. fire between 3:00 p.m. of one day and 9:00 a.m. the following day; 3. For non-recurring unusual circumstances. 6. No more than one pile 60' x 60' or equivalent will be burned within 6.a six-acre area at one time; a six-acre area at one time; 4. ~~~~For experimental burning for purposes of data gathering and research. 7. In the case of land clearing, all salvageable timber and pulpwood However, a written permit for these types of burning (in sub- must be removed; and paragraph J above) must be obtained in advance from the Department. 8. A written report or warning to a person of a violation at one site shall be considered adequate notice of the Regulation and subsequent observed violations at the same or different site will result in immediate appropriate legal action by the Board. H. Fires set for the purposes of training public fire-fighting personnel when authorized by the appropriate governmental entity, and fires set by a private industry as a part of an organized program of drills for the training of industrial fire-fighting personnel. These will be exempt only if the drills are solely for the purpose of fire-fighting training and the duration of the burning held to the minimum required for such purposes. I. Open burning of rubbish and garbage on the premises of and originating from private residences or dwellings of four families or less where ser-.ices for the disposal of such materials are not available; and open burning on the property where it occurs of trade waste from building and construction operations will be exempt only if the following con- ditions are met: 1. The location of the burning is at least five hundred (500) feet from any dwelling located in a predominantly residential area other than a dwelling or structure located on the property on which the burning is conducted; E-136 and meteorological conditions are such that pollutant concentrations REGULATION NO. 62.3 can be expected to remain at the above levels for twelve (12) hours or more, or increase, or in the case of oxidants, the situation is AIR POLLUTION EPISODES likely to recur within the next 24 hours unless control actions are taken. SECTION I - EPISODE CRITERIA 4. EMERGENCY - The primary objective of this plan is to prevent this level from ever being reached; however, should this level be reached Conditions justifying the proclamation of any stage of an air pollution the most stringent control actions are necessary. An emergency will episode shall be deemed to exist whenever the Commissioner determines that the be declared when monitoring indicates that one of the following accumulation of air pollutants in any place is attaining or has attained levels pollutant concentrations has been reached: which could, if such levels are sustained or exceeded, lead to substantial threat to the health of persons. The appropriate episode stage will be declared on a S02 - 1600 ug/m3 (0.6 p.p.m.), 24-hour average; regional basis, as dictated by air quality monitoring. Adverse air quality Particulate - 750 ug/me, 24-hour average; need not be regionwide to trigger control actions; the appropriate episode stage SO2 and particulate combined - product of S02 ug/m3, 24-hour average and will be declared for an entire Air Quality Control Region when any monitoring site particulate ugJm3, 24-hour average equal to 425 x 103; within the region records ambient air quality in excess of that designated in 03 (Oxidant) - 1000 ug/m3 (0.5 p.p.m.), 1-hour average (Metropolitan the criteria. In making this determination, the Commissioner will be guided by Charlotte AQCR only); the criteria listed below: and meteorological conditions are such that this condition can be 1. FORECAST - This level will normally be activated when an Air Stagnation expected to continue for twelve (12) hours or more, or increase, or Advisory (ASA) is issued for any part of South Carolina by the Columbia in the case of oxidants, the situation is likely to recur within Forecast Office of the National Weather Service. If continuous air the next 24 hours unless control actions are taken. monitoring equipment indicates an upward trend in pollutant concentra- tions, the Commissioner may request that the National Weather Service 5. TERMINATION - Once delcared, any level reached by application of these issue an ASA, even though meteorological factors do not appear critical. criteria will remain in effect until the criteria for that level are In the absence of an ASA, the Commissioner may, at his discretion, no longer met. At such time, the next lower level will be assumed. declare this level when it is in the best interest of public health and welfare. SECTION II - EMISSION REDUCTION REQUIREMENTS 2. WATCH - This level will be activated when continuous air quality Persons responsible for the operation of a source of air pollutants as monitoring indicates that one of the following pollutant concentrations listed in Tables 1, 2 and 3 below are required to plan for and may be required to has been reached: implement emission reduction as indicated. s02 - 400 ug/m3 (0.15 p.p.m.), 24-hour average; TABLE 1 - EMISSION REDUCTION PLANS Particulate - 375 ug/m3, 24-hour average; WATCH LEVEL S02 and particulate combined - Product of SO2 ug/m3, 24-hour average, and particulate ug/n3, 24-hour average equal to 49 x 103; PART A. GENERAL 03 (Oxidant) - 200 ug/m3 (0.1 p.p.m.), 1-hour average (Metropolitan Charlotte AQCR only); When a Watch Level is declared, the following voluntary actions will be requested: and meteorological conditions are such that the pollutant concentrations can be expected to remain at the above levels for twelve (12) hours or 1. There should be no open burning by any persons of tree waste, more, or increase, or in the case of oxidants, the situation is likely vegetation, refuse, or debris in any form. to recur within the next 24 hours unless control actions are taken. 2. The use of incinerators for the disposal of any form of solid waste 3. ALERT - This level indicates that air quality is continuing to deteriorate should be limited to the hours between 12 noon and 4 p.m. and that additional control actions are necessary. An alert will be declared when monitoring indicates that one of the following pollutant 3. Persons operating fuel-burning equipment which requires boiler lancing concentrations has been reached: or soot blowing should perform such operations between the hours of 12 noon and 4 p.m. SO2 - 800 ug/m3 (0.3 p.p.m.), 24-hour average; Particulate - 500 ug/m3, 24-hour average; 4. Persons operating motor vehicles should eliminate all unnecessary SO2 and particulate combined - product of SO2 ug/m3, 24-hour average operations. and particulate ug/m3, 24-hour average equal to 229 x 103; 03 (Oxidant) - 800 ug/m3 (0.4 p.p.m.), 1-hour average (Metropolitan Charlotte AQCR only); 0 107 - PART B. SOURCE CURTAILMENT 2. Coal and Oil-fired process steam generating facilities: Persons responsible for the operation of a source of air pollutants listed a. Maximum reduction by utilization of fuels having the lowest below shall be advised of existing conditions and be advised to review their available ash and sulfur content. emission reduction plans: b. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric 1. Coal or oil-fired electric power generating facilities. turbulence for boiler lancing and soot blowing. 2. Coal or oil-fired process steam generating facilities. c. Making ready for use a plan of action to be taken if an emergency develops. 3. Manufacturing industries of the following classifications: 3. Manufacturing industries including petroleum refining, chemical, Primary Metals Industry Hineral Processing Industries primary metals, glass, paper and allied products which require con- Petroleum Refining Operations Paper and Allied Products siderable lead time for shut-down: Chemical Industries Grain Industry a. Maximum reduction of air contaminants from manufacturing operations TABLE 2 - EMISSION REDUCTION PLANS by, if necessary, assuming reasonable economic hardships by post- ALERT LEVEL poning production and allied operations. PART A. GENERAL b. Maximum reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors or any malodorous sub- Upon declaration of an Alert Level the following will apply: stances. 1. There shall be no open burning by any persons of tree waste, c. axmum reduction of heat load demands for processing. vegetation, refuse, or debris in any form. d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric 2. The use of incinerators for the disposal of any form of solid waste turbulence for boiler lancing or soot blowing. or liquid waste shall be prohibited. 4. Manufacturing industries including primary metals, chemical, mineral 3. Persons operating fuel-burning equipment which requires boiler lancing processing and grain which require relatively short lead times for or soot blowing shall perform such operations only between the hours shut-down: of 12 noon and 4 p.m. a. Elimination of air pollutants from manufacturing operations by 4. Persons operating motor vehicles are requested to reduce operations ceasing, curtailing, postponing or deferring production and by the use of car pools and increased use of public transportation allied operations to the extent possible without causing injury and elimination of unnecessary operation. to persons or damage to equipment. PART 8. SOUBRC CUHTAL=;TED b. Elimination of air pollutants from trade waste disposal processes which emit solid particles, gases, vapors or malodorous substances. Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Alert Level to include c. Maximum utilization of heat load demands for processing. the following: the following: d. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric 1. Coal or oil-fired electric power generating facilities: turbulence for boiler lancing or soot blowing. a. Maximum reduction by utilization of fuels having lowest ash and TABLE 3 - EMISSION REDUCTION PLANS ~~~~~~~~~~~~~~~Isulfur content. EMERGENCY LEVEL sulfur content. b. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric PART A. GENERAL turbulence for boiler lancing and soot blowing. Upon declaration of Emergency Level the following will apply: c. Maximum reduction by diverting electric power generation to facilities outside of Alert Area. E-138 1. There shall be no open burning by any persons of tree waste, 1. Elimentary and secondary schools, colleges, universities, vegetation, refus e no r debris ningby any eform.s professional schools, junior colleges, vocational schools, and vegetation, refuse or debris in any form. public and private libraries. 2. The use of incinerators for the disposal of any form of solid or 4. All commercial and manufacturing establishments not included in this liquid waste shall be prohibited. order will institute such actions as will result in maximum reduction of air pollutants from their operation by ceasing, curtailing, or 3. All places of employment described below shall immediately cease postponing operations which emit air pollutants to the extent possible without causing injury to persons or damage to equipment. a. PMining and quarrying of nonmetallic minerals. 5. The use of motor vehicles is prohibited except in emergencies with b. All construction work except that which must proceed to avoid the approval of local or state police. emergency physical harm. PART B. SOURCE CURTAILMENT c. AUl manufacturing establishments except those required to have Any person responsible for the operation of a source of air pollutants listed in force an air pollution emergency plan. below shall take all required control actions for this Emergency Level to include d. All wholesale trade establishments, i.e., places of business the following: primarily engaged in selling merchandise to retailers, or 1. Coal or oil-fired electric power generating facilities: industrial, commercial, institutional or professional users, or to other wholesalers or acting as agents in buying mer- a. Maximum reduction by utilization of fuels having lowest ash and chandise for or selling merchandise to such persons or comn- sulfur content. panies except those engaged in the distribution of drugs, surgical supplies and food. b. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing or soot blowing. e. All offices of local, county and State government including authorities, joint meetings and other public bodies except c. Maximum reduction by diverting electric power generation to such agencies which are determined by the chief administta- tive officer of local, county, or state government,authorities, joint meetings and other public bodies to be vital for public 2. Coal and oil-fired process steam generating facilities: safety and welfare and the enforcement of the provisions of this order. a. Maximum reduction by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage. f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale b. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric of food. turbulence for boiler lancing and soot blowing. g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchangers and services; offices of insurance carriers; agents and brokers, real estate offices. 3. Primary metals, petroleum refining, chemical, mineral processing, grain, paper and allied products industries shall take the following control h. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops. a. Elimination of air pollutants from manufacturing operations by ceasing, curtailing, postponing or deferring production and operations i. Advertisoaees; d pandresing officest; cto the extendit repossible without causing injury to persons or damage to collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment. equipment rental services, commercial testing laboratories. b. Elimination of air pollutants from trade waste disposal processes which emit solid particles, gases, vapors, or malodorous substances. j. Automobile repair, automobile services, garages. c. Maximum reduction of heat load demands for processing. k. Establishments rendering amusement and recreational services including motion picture theaters. d. Maximum utilization of mid-day (12noon to 4 p.m.) atmospheric turbulence for boiler lancing or soot blowing. 339 REGULATION NO. 62.4 F. Notification HAZARDOUS AIR POLLUTION CONDITIONS The affected public, the Department, the South Carolina Disaster Prepared- A. Definitions ness Agency, and all law enforcement officials having jurisdiction shall be notified promptly by the owner or operator of the source in the event of releases The following words and phrases when used in this regulation shall have the of material which may cause Imminently hazardous levels. If traffic hazards are meanings respectively ascribed to them: created, notification shall be made to appropriate state or local agencies of the possible existence of such a condition and of the corresponding need for 1. Hazardous Conditions (or hazardous levels) - Conditions created by the posting of appropriate signs, warning devices or flagmen. When the concentra- release or discharge into the ambient air of one or more air contami- tions of materials are reduced sufficiently as to no longer present an immi- nants which because of the characteristic and/or quantity of material nent hazard, public announcement will be made, and normal operations may resume. involved may pose an imminent threat to the health of anyone who might come in contact with the material through this release as well as in- volving substantial risk of injury, to include injury to property or plant and Animal life. This includes the indirect threat to human life and property by the creation of traffic hazards. 2. Traffic Hazards - Impairment of visibility whenever the concentration of dust, fumes, condensed vapor, or any other substance is such that the horizontal visibility at or near ground level is reduced to 2400 feet or less. B. General The owner or operator of any source, in addition to complying with all applicable regulations and standards, shall take all steps necessary to protect human health and welfare and otherwise minimize the effects of unintended, short- term or other releases of air contaminants and other substances which produce unintended hazardous conditions. C. Traffic Hazards The emission of smoke, dust, fumes, condensed vapor, or any other substance which creates a traffic hazard an public roads by impairment of visibility, or intensifies an existing condition to the extent that a traffic hazard is created is prohibited. D. Fmergency Actions In the event that releases of dust, fumes, smoke, gases, mists, vapors or other substances occur in such quantity as to create imminently hazardous levels, the owner or operator of the source shall take all necessary emergency acts to cause the release to cease, to notify nearby residents and occupants, to assist in evacuation if deemed necessary, to notify the Department immediately and to take such other action as responsible officials deem advisable. E. Cleanup If releases to the atmosphere of air contaminants result from spillage and cause such concentrations as to produce an Imminently hazardous level, clean up activities shall begin as soon as possible and shall be completed to the satis- faction of the Commissioner. E-140 B. Special Rrovisions REGULATION 62.5 All fuel burning operations of 10 million BTU per hour heat input and AIR POLLUTION CONTROL STANDARDS smaller constructed prior to February 11, 1971 shall be allowed 0.8 pounds per million BTU input. STANDARD NO. 1 EMISSIONS FROM FUEL BURNING OPERATIONS SECTION I - VISIBLE EMISSIONS A. Existing Sources No one shall discharge to the ambient air from any existing source constructed prior to February 11, 1971, smoke which exceeds an opacity of forty (40) percent. For a total of six (6) minutes in one hour or twenty-four (24) minutes in a twenty-four (24) hour period, forty (40) percent opacity may be exceeded for soot blowing; but shall in no case exceed an opacity of sixty (60) percent. Figure 1 B. New Sources No one shall discharge to the ambient air from any source constructed on or after February 11, 1971, smoke which exceeds an opacity of twenty (20) 5 percent. For a total of six (6) minutes in one hour or twenty-four (24) minutes Z in a twenty-four (24) hour period, twenty (20) percent opacity may be exceeded for soot blowing; but shall in no case exceed an opacity of sixty (60) percent. C. Special Provisions l Allowances may be granted for visible emissions in excess of that per- � mitted in Paragraphs A and B above which occur during periods of start-up and .6 shut-down of fuel burning equipment. As a conditional requirement the owner or operator shall maintain a current record of the time, magnitude, duration . and any other information necessary to prove that these excess emissions were a result of a start-up or shut-down operation. These records shall be made available to the Department upon request. Different soot blowing provisions .4 for a single stack serving multiple boilers may be allowed as conditions of the operating permit. 3 SECTION II - PARTICULATE EMISSIONS A. Allowable Discharge .2 The allowable discharge of particulate matter resulting from fuel burning operations shall be limited to the values obtained by use of Figure 1i and/or Part B. (For the purpose of determining heat input, total equipment capacity refers to total equipment capacity discharging through each stack. A If a boiler has more than one (1) stack the total rated capacity will be the .1 boiler rated capacity discharging to these stacks). Interpolation of Figure 1 1 50 100 5 00 00 for fuel burning operations of 1300 million BTU per hour heat input and larger shall be accomplished by use of the equation: TOTAL _0UM1ENT CAPACT RATING (= rUT cnz) E = M~~~~~~~~~~~~~~~~~~~~ILLI0N 3TU PER HOULR tTPWr/ E - 57.84 P -0.637 ILLION 3T PR where E - the allowable emission rate in pounds per million BTU heat input, and P = million BTU heat input per hour El141 Is SECTION III - SULFUR DIOXIDE E/f 2. Counties in Class maximum Allowable Emissions A. General Rated Source Size (lb SO2/million BTU Input) The maximum allowable discharge of sulfur dioxide (SO2) from fuel Up to 1000 million BTU/hr 3.5 burning operations shall be in accordance with a system of priorities as specified hereinafter in paragraph B. The classifications shall be delineated on a county 1000 million BTU/hr and larger 2.3 basis. The maximum allowable discharge for the various classes is specified in paragraph C of this Section. 3. Counties in Class III Maximum Allowable Emissions B. Classifications Rated Source Size (lb s02/million BTU Input) 1. The class into which a given county falls has been determined All 3.5 by mathematical atmospheric diffusion models and other methods which evaluate those factors which necessitates limits on D. special Provisions sulfur dioxide emissions. These factors included but were not limited to: (1) total sulfur dioxide emissions; (2) spatial If it can be demonstrated to the satisfaction of the Board that ambient distribution of sulfur dioxide sources; (3) effects of air standards will not be contravened by a source, alone or in combination with single, large sources; (4) existing, measured air quality; other sources, a greater allowance for sulfur dioxide discharges may be -made on (5) topographical features of the county; (6) contributions a case by case(s) basis. to background levels due to sources outside the county being considered; (7) population density. SECION IV- MONITORING REQUIMMS 2. The assigned classifications will be reviewed periodically at A. Applicable Sources intervals not to exceed three years, and changes will be made as required. When a county is assigned to a more restrictive The owner or operator of any fossil fuel-fired steam generator of -lass, individual compliance schedules will be established in more than 250 million BTU per hour heat input capacity shall install, calibrate, such a way that reasonable time will be allowed for the sources operate, and maintain no later than June 14, 1978, continuous monitoring system(s) to make necessary changes in equipment and/or fuel contracts. for the measurement of opacity which meets the performance specifications of 3. The following classifications are assigned: Paragraph E of this Section except where: 1. Gaseous fuel is the only fuel burned; Class I - Charleston County O2. Oil or a mixture of gas and oil are the only fuels burned and the Class II - Aiken County - Anderson County steam generator is able to comply with the provisions of Sections I and II of this Standard without utilization of particulate matter collection equipment, and where the steam generator has never been found, through any administrative or judicial proceedings,to be in violation of Section I of this Standard. Sulfur dioxide emissions from fuel burning sources located in 3. The steam generator operates with an annual average capacity factor various counties will act exceed the following limits: of 30 percent or less, as reported to the Federal Power Commission for calendar year 1974 or otherwise adequately demonstrated to the Department; and has not subsequently increased this factor to more Maximum Allowable Emissions than 30 percent; or (lb SO2/ million BTU Input) 4. The steam generator is scheduled for retirement on or before October 6, 1980, and provided adequate evidence and guarantees Up to and including are submitted to the Department which clearly show that the 10 million BTU/hr 3.5 generator will cease operations no later than this date. Greater than 10 million BTU/hr 2.3 E-142 B. Time Extensions The owner or operator shall record the zero and span drift in accordance with method prescribedby the manufacturer of such opacity monitoring system(s); Reasonable extensions of time beyond June 14, 1978 may be granted if subject the system(s) to the manufacturer's recommended zero and span check the owner or operator demonstrates that good faith efforts have been made to atleastonce daily unless the manufacturer has recommended adjustments at obtain and install such systems by this date. shorter intervals, in which case such recommendations shall be followed; adjust the zero and span whenever the 24-hour zero drift or 24-1our calibration drift C. Reporting Requirements limits of 40 CFR, Part 60, Appendix B, Performance Specification 1 are exceeded; adjust the opacity monitoring system(s) purchased prior to September 11, 1974 whenever the 24-hour zero drift or 24-hour calibration drift exceeds 4 percent of Paragraph A of this Section shall submit a written report to the Department opacity for those generators constructed prior to February 11, 1971 and 2 percent at least quarterly, or more often if requested. This report shall include, as opacity for those generators constructed after February 11, 1971. a minimum, all integrated six minute opacity measurements for the periods during which the applicable provisions of Section I have been exceeded; the date and time identifying each period during which the monitoring system was inoperative, When the effluents from two or more affected steam generators of similar except for zero and span checks; the nature of monitoring system repairs or d e sign and operating characteristics are combined before being released to the adjustments; and proof of opacity monitoring system performance whenever system repairs or adjustments have been made. During periods when no excess opacity atmosphere, the opacity monitoring system(s) shall be installed on the combined measurements are recorded and the monitoring system(s) have not been inoperative, effluent. When the affected steam generators are not of similar design and repaired or adjusted, the report shall include information to this effect . operating characteristics, or when the effluent from one affected steam generator Alternate data reporting procedures may be allowed if the owner or operator is released to the atmosphere through more than one point, the owner or operator shows, to the satisfaction of the Department,that these procedures are at least shal apply for an alternate procedure to comply with the requirements of this as accurate as those described. The owner or operator shall maintain a file Section. of all information contained in the quarterly reports; calibration data for the opacity monitoring system(s); relevant records of adjustments and mainte- nance performed on such system(s); and all other data collected by the con- Whenever the requirements for continuous opacity monitoring cannot be tinuous opacity monitoring system(s) for a mtntmum of two years from the date t inuous opacity on of such reports or collection imum of two yearsuch datae implemented by the owner or operator due to physical plant limitations, extreme economic burden, or infrequent steam generator operation of less than 30 days D. Exemption from Reporting Requirements per year, or when the specified monitoring procedure would not provide accurate opacity determinations, alternate monitoring and reporting requirements may be A temporary exemption from the opacity monitoring and reporting re- approved on a case-by-case basis provided the owner or operator submits a written request to the Department which includes, but not limited to: quirements of this Section may be granted during any period of monitoring system(s) malfunction, provided the owner or operator shows, to the satia- faction of the Department, that the malfunction was unavoidable and is being repaired as expeditiously as possible. 2. A proposal of the alternate monitoring and reporting requirements; E. Equipment Performance Specifications and The continuous opacity monitoring system(s) required by Paragraph A 3. Any other information needed by the Department to make a deter- of this Section shall conform with the performance specifications set forth mination that the alternate requirements are adequate to meet the in 40 CFR, Part 60, Appendix B, Performance Specification 1 which is in- intent of this Section. corporated by reference as a part of this Standard except that where the term SECTION V - EXEHPTIONS "Administrator" is used the term "Department" shall be substituted. In addi- tion, the opacity monitoring system(s) shall complete a minimum of one cycle Residences or dwellings of four families or less and ocean-going vessels of operation for each successive 10-second period; be installed such that actually engaged in the physical process of national or int ernational trade representative measurements of opacity from the affected steam generator are actuall engaged in the physical process of national or international trade obtained; and have an instrument span of approximately 80 percent opacity. Any owner or operator who has purchased opacity monitoring system(s) prior STANDARD NO. 2 to September 11, 1974, shall be exempt from meeting such test procedures prescribed in 40 CFR, Part 60, Appendix B, Performance Specification 1 until AMBIENT AIR QUALITY STANDARDS December 14, 1981. The following table constitutes the ambient air quality standards for the State of South Carolina. The analytical methods to be used will be those applicable Federal Reference Methods published in 40 CFR 51, Appendices A-F. In the case of fluorides either the double paper tape sampler methods (ASTMD-3266-73T) or the * EI3 O B. Emissions shall not produce smoke which exceeds twenty(20) percent opacity for an aggregate of more than three (3) minutes in any one sodium bicarbonate-coated glass tube and particulate filter method (AST1-3268-73T) hour or fifteen (15) minutes in a twenty-four hour period. may be used. C. Odors from the incinerator shall be reduced to such a level as not MEASURING MICROGRAMS/CUBIC METER* to create an undesirable level. POLLUTANT INTERVAL ** D. Emissions shall not contain individual particles which are suffi- Sulfur Dioxide 3 hour 1300**** d ciently large as to be visible as individual particles at the emission point or are of such size and nature as to be visible 24 hours 365*** individually as incandescent particles. This requirement shall only apply if such particles fall on real propert7 other than annual 80 that of the person responsible for the emission. Suspended Particulates 24 hours 250 STANDARD NO. 4 EMISSIONS FROM PROCESS INDUSTRIES annual G.M.*** 60 SECTION I - SULUESIC ACID IAMFACITURING PLANTS Carbon Monoxide 1 hour 40,000 The rate of emission of sulfur dioxide from sulfuric acid manufacturing plants shall be limited to no more than 4 pounds of sulfur dioxide per ton of 8 hour 10,000 1OOZ sulfuric acid produced. SECTION II - PULP AND PAPER MANUFACTUKING PLANTS Photochemical Ocidant 1 hour 160 The rate of particulate emission from pulp and paper manufacturing plants shall be limted to the following: Non-methane hydrocarbons 3 hour 160 shall be liited to the following: Maxm.um allowable emission of particulates in pounds/equivalent ton of air Gaseous fluorides ~~~~~12 hr. avg.~ 3.7 ~dried, unmbleached pulp produced. (as HF) 24 hr. avg. 2.9 Recovery Furnace Stack ..... 2.75 1 wk. avg. 1.6 Dissolving Tank Vents ...... 1. 1 no. avg. 0.8 Lime Kiln Stack ............ 1.0 SECTION III- PORTLAND CEMENT MANUFACTURING PLANTS Nitrogen Dioxide annual 100 The rate of emission of particulate matter from Portland cement plants shall be * Arithmetic Average except in case of suspended particulates limited to the following: ** At 250 C and 760 mm Hg. *** Geometric Mean Production Rate Maximum Allowable Emissions of Partizlu-ate **** Not to be exceeded more than once a year Per Kiln Matter Per Kiln (Tons per Hour) (Pounds per Hour) STANDARD NO. 3 EMISSIONS FROM INCINERATORS 10 14 1520 All incinerators shall operate within the following minimum emission limitations: 205 225 2530 25 A. Particulates in the flue gas discharged into the atmosphere 30 29 shall not exceed 0.5 pounds per million BTU of heat input to 60 40 the incinerator, excluding auxiliary fuel. 80 45 100 4 120 E-144 SECTION VI - OTHER PROCESS INDUSTRIES SECTION IV - COTTON GINS A. The particulate emissions from all other process industries shall be limited to the rate specified in Table A for the process weight The particulate emission from a cotton ginning operation shall be limited to rate allocated to such process, and modified using the effect factors the maximum rate specified in the table below for the process rate allocated to such of Table B. process. Production Rate Maximum Allowable Rate of tons per hour shall be accomplished by use of the equation: (Output) Particulate (Bales* per Hour) (Pounds per Hour) E - 4.10 PO.67 4 12.3 and interpolation and extrapolation of the data for process weight 5 14.4 rates greater than 30 tons per hour shall be accomplished by using 6 16.2 the equation: 7 18.0 8 19.5 E = 55.0 p0.11 _ 40 9 21.2 10 22.8 where E - the allowable emission rate in pounds per hour, ll 24.2 and P - process weight rate in tons per hour. 12 25.8 13 27.1 14 28.5 TABLE A 15 29.9 16 and above 31.2 ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE *For the purpose of this standard a bale is defined as a finished bale weighing 500 pounds. PROCESS WEIGHT RATE OF PROCESS WEIGHT RATE OF EMISSION RATE EMISSION RATE SECTION V - HOT MIX ASPHALT PLANTS (Tons/Hour) (Pounds/Hour) (Tons/Hour) (Pounds/Hour) 0.05 0.551 8 16.5 A. The rate of emission of particulate matter from hot mix asphalt plants 0.10 0.877 9 17.9 shall be limited to the following: 0.20 1.40 10 19.2 0.30 1.83 15 25.2 Aggregate Process Weight Maximum Allowable Emission Rate 0.40 2.22 20 30.5 (Tons per Hour) (Pounds per Hour) 0.50 2.58 25 35.4 0.75 3.38 30 40.0 20 22 1.00 4.10 35 41.3 50 31 1.25 4.75 40 42.5 100 38 1.50 5.38 45 43.6 I1S 45 1.75 5.96 50 44.6 200 51 2.00 6.52 60 46.3 250 56 2.50 7.58 70 47.8 300 61 3.00 8.56 80 49.0 350 and above 65 3.50 9.49 100 51.2 4.00 10.4 500 69.0 B. All hot mix asphalt plants shall be equipped with a fugitive dust control 4.50 11.2 1000 77.6 system which shall be operated and maintained in such a manner as to reduce 5.00 12.0 3000 92.7 to a minimum the emission of particulate matter from any point other than the stack outlet. E-145 TABLE B EFFECT FACTOR FOR PARTICULATE EMISSIONS* (TO BE USED WITH STANDARD 4 - SECTION VI) MATERIAL EFFECT FACTOR a. All materials not specifically listed hereunder 1.0 b. Elements and their compounds on the basis of the element contained therein** ........................none assigned c. Specific Materials: Acid Mists ..........................................0.25 * The Board will make additions to this table as required from time to time to preserve public health and property in South Carolina. When a material contains two or more elements, the Affect factor of the element having the lowest effect factor shall apply. SECTION VII - NON-ENCLOSED OPERATIONS A. All non-enclosed sources shall be operated in such a manner that a minimum of particulate matter becomes airborne. In no case shall established ambient air quality standards be exceeded at or beyond the property line. B. The owner or operator of all sources shall maintain dust control of the premises and access roads by paving, oil treatment or other suitable measures. C. All crushing, drying, classification and like operations shall employ a suitable control device acceptable to the Department, and shall discharge no more particulate matter than that specified in Section VI of this Standard. E-146 R 61-66 HEALTm & ENVIRON. CONTROL DePr. HIu.TN & ENVIRON. CONTROL DeTr. R 61-66 throw, drain, run, allow to seep or otherwise discharge into any of greater than Hazard Grade 3 to any life form shall be considered the waters of the State organic or inorganic matter that shall cause to be a hazardous waste. likewise, materials which exhibit an open or tend to cause a condition of Pollution". cup flash point temperature or ignition temperature below 175' F., Section IV. Non Burnable Waste. Selected materials including alone or in combustible organic matter. shall be deemed a hazard- cinders and fly ash, plaster, bricks, tile, crockery, native inorganic ous waste for the purposes of this regulation. Such wastes shall be material and concrete may be used as fill to reclaim marginal land evaluated individually and appropriate provisions for disposal shall provided: (Guideline SCPCA-SWG-I applies to this section.) be made. Handling and disposal methods shall be approved by the A. a permit is obtained in accordance with Section II of this Pollution Control Authority. Such material may include. but not r prmt sobaiedi acodacewthSetin11ofthrbe limited to: insecticides and insecticide containers, herbicides regulation; and herbicide containers. solvents, heavy metals, infectious wastes. B. precautions are taken to prevent harborage and/or breeding dyes, explosives and certain industrial chemical precipitates of vectors and rodents; (Guideline SCPCA-SWG-2 applies to this section.) C. the area being filled does not detract from the surrounding THE DISPOSAL FACILITY SHALL BE DESIGNED BY AN environment. ENGINEER DULY LICENSED AND REGISTERED UNDER THE APPLICATION FOR PERMIT TO RECLAIM MARGINAL LAWS OF THE STATE OF SOUTH CAROLINA. LAND SHALL BE SIGNED BY AN APPROPRIATE COMPANY Section VIn. Putrescble Waste. Land disposal of industrial OFFICIAL. solid waste which does not qualify as inert material shall meet the Section V. Cehlosica Materins. Cellulosic materials including requirements of Pollution Control-Solid Waste Regulation I chipped wood wastes, bark, sawdust and wood shavings may be (available upon request). Regulation requiring minimum standards spread and mixed or covered with earth provided: (Guideline for sanitary landfill design. consLtrucion and operation. SCPCA-SWG-3 applies to this section.) THE DISPOSAL FACILITY SHALL BE DESIGNED BY AN A. adequate provisions are taken to prevent accidental fires or ENGINEER DULY LICENSED AND REGISTERED UNDER THE spontaneous combustion; LAWS OF THE STATE OF SOUTH CAROLINA. B. a permit is obtained in accordance with Section 11 of this Section IX. Alternative Disposal Methods. The following dis- regulation. posal methods are acceptable for use in South Carolina under the APPLICATION FOR PERMIT TO RECYCLE CELLULOSIC conditions described. MATERIALS TO THE EARTH SHALL BE SIGNED BY AN A. Land Disposal for Miscellaneous Inert Industrial Solid Waste APPROPRIATE COMPANY OFFICIAL Land disposal of inert industrial solid waste, exclduding specific Section VI. Waste Sludge and Slum"rri. Disposal of waste hazardous waste is an acceptable method of disposal provided: sludge and slurries shall be done with special consideration of air I Th disposal location site and water pollution, and the health and safety of employees. Provisions acceptable to the Pollution Control Authority shall be a. be easily accessible to collection vehicle(s); made for the handling of these waste materials on a case by case b. have an adequate quantity of acceptable earth or other basis. approved cover, THE DISPOSAL FACILITY SHALL BE DESIGNED BY AN c. conform with the surrounding environment; ENGINEER DULY LICENSED AND REGISTERED UNDER THE d. cojform with future development of the site. LAWS OF THE STATE OF SOUTZH CAROLINA. 2. The request for a permit to construct and/or operate a Section VII. Hazardous Waste. Material which exhibit a hazard' disposal site shall include: t Relative halrd to health fron aoncentd shor lteso expourlele. (stlbtld in 2. uinor residual idjury umay result from some accidental exposures if no treatment is "Hndboo of Analytial Toxkidoy" 1969--The Crmical Rubber Company.) (Ao applied. publmhed in "Manual of Ilaard t. tiealth fronm Chemical." copyrighted by Union Carbide Corporation.) .. Mnjor residual injury may resul in spite of promnpt reatment. i. No residual injury is so be expected from accidental expore even if no treatment i applied s hMajor residual injury is likely in spite of prompt treatmeln. 470 471 E-147 S HEALTU k EHVIRON. CONTROL DEPT. 6t 6C R 61-6 HtALTH & ENVIRON. CONTROL DEPT. a. Map or aerial photograph of the area showing land use and w en t sufficient for excavating earth moving spreading. compac zoning within K mile of the solid waste disposal site. The jug and covering operations; map or aerial photograph shall be of sufficient scale to show c. shelter for maintenance and storage of parts, equipment and all homes. buildings, establishments, roads and other applica- tools; ble details and shall indicate the general topography of the d. reserve equipment within 24 hours following equipment area. breakdown. b. Plot plan of the site showing dimensions, proposed trenching 5. Tihe site shall be maintained and operated in conformance plan or original fill face, cover stock piles, and 'fencing. Cross with the following requirements: sections shall be included on the plot plan or on separate a. solid waste shall be disposed of in such a manner that sheets showing both the original and proposed fill elevations. materials are confined and will have no detrimental effect on The scale of the plot plan should not be greater than 200 the environment; feet per inch. b. surface water shall be diverted from the site; c. A report shall accompany the plans indicating: c. within one month after final termination of disposal opera- (I) source and characteristics of cover material; tions at the site, or a major part thereof, the area shall be (2) frequency of covering. covered with at least two feet of compacted earth material (3) degreqe of compaction; adequately sloped to allow surface water runoffl d. all solid waste shall be covered periodically with compacted (4) depth of cells); soil. The frequency and depth of covering will depend on the (5) anticipated type, quantity and source of solid waste to be flammability of the waste material and other pertinent criteria disposed of at the site; as deemed applicable by the Pollution Control Authority. (6) the engineering plans shall include one or more topo- e. the finished surface of the disposal site shall be seeded with graphic maps at a scale of not over 200 feet to the inch. native grasses or other suitable ground cover immediately Contour intervals shall not exceed 10 feet. These maps upon completion of that portion of the disposal site; shall show: any proposed fill area; any borrow area; . the solid waste shall be spread and compacted in thin layers if access roads; grades for proper drainage of each lift applicable. Each layer of a cell shall normally be no more required and a typical cross section of a lift; special than two feet deep prior to compaction and each cell should drainage devices if necessary; fencing: equipment shel- be no more than 8-10 feet deep. The requirement for com- ters; existing and proposed utilities; employee facilities; paction will be determined by the Pollution Control Author- and all other pertinent information to clearly indicate ity, which will be based on relative compactibility of the type the orderly development, operations and completion of and condition of the solid wastes to be disposed of; the site. g. conditions unfavorable for the habitation and production of 3. The disposal site shall be provided with operational features insects and rodents shall be maintained at all times; and appurtenances necessary to maintain a clean and orderly h. controlled access to the site must be maintained to keep operation. These minimum features are: unauthorized persons out. Access to the site shall be limited a. operational plans to direct and control the use of the site; to those times when an attendent is on duty or only to those b. fencing of the site to control access, as necessary; authorized to use the site for the disposal of solid waste. c. an all-weather access road to the site. THE DISPOSAL FACILITY SHALL BE DESIGNED BY A 4. In order to provide suitable staff and equipment to man and GEOLOGIST OR SOIL SCIENTIST OR ENGINEER DULY LI- operate the site the following is required: CENSED AND REGISTERED UNDER THE LAWS OF THE ST'ATE OF SOUTH CAROLINA. a. a fully trained supervisor or foreman and fully trained equip- B. Incineration melnt operator(s) as required; equipment oor asdequate contractual arrangements for equip- Incineration of industrial solid waste under controlled burning . equipment or adequate contE-ractual arrangements for equip148 4,12 E-148 R 6146 1HEALTH & ENVIRON. COMNTOL DEPr. conditions to produce an inert ash and residue is acceptable in South Carolina provided: a. all incinerators shall be designed and operated in a manner so as to prevent the creation of a nuisance or potential health hazard; b. construction of an incinerator shall not be initiated prior to the approval of plans by the Air Pollution Control Division, South Carolina Pollution Control Authority; c. the incinerator plant shall be so situated. equipped. operated, and maintained as to minimize interference with other activities in the area; d. access to the facility shall be limited to those times when authorized personnel are at the site; e. all solid waste shall be confined to the dumping area and adequate storage facilities shall be provided; E al residue from the incinerator plant shall be disposed of in a manner consistent with these and other applicable State standards; g. prior to initial operation of the incinerator, the Pollution Control Authority (Division of Air Pollution) shall be notified in order that an inspection may be made of the facility to determine conformance with the approved plans. C. Recycling The recycling of solid waste preserves natural resources and reduces the magnitude of land disposal. Recycling of solid waste in South Carolina is encouraged and is the preferred method when economically feasible. ALL REGULATIONS OR PARTS OF REGULATIONS PER- TAINING TO THE DISPOSAL OF SOLID WASTE, INCON- SISTENT WITH THIS REGULATION, ARE HEREBY EX- PRESSLY REPEALED. Note- Penaly-In accordance with t 48-1-320. S. C. 1976 Code of Laws and Supple- ment thereto: "148-1-320. VIOLATION A MISDEMEANOR: PENALTIES-Any person knowingly violating any of the provsionof this chaper. or any rule or regula- tion. final detenination or order of the Autority shall be deemed guilty of a misdemeanor and. upon conviction. shall be fined not les than one hundred dolln nor more tdn five thousand dollars to be imprisoned for not more than two years. or both. Each day's violation shall constitute a separate offense." 61-67. Submission of Engineering Reports and Environmen- tal Impact Statements. (Promulgated pursuant to � 48-1-30 of the 1976 Code; filed in the office of the Secretary of State on August 7. 1972.) I. Introduction. The purpose of this regulation is to facilitate 474 E-149 HEALTH & ENVIRON. CONTRO1. DEPT. R 61-6 R 6147 HIEALTI & ENVIRON. CONTROL DEfPt. Section 1. Definitions. The definition of any word or phrase Such evidence shall include the feasibility based on economics, employed in Section 11, 111, or IV shall be the same as given in the of such a tie-in to nearby facilities; description of offers made to South Carolina Pollution Control Law. The following words or existing plant owners, and a letter copy rejecting subject waste by phrases which are not defined in said law shall be defined or have existing plant owner. meaningsas follows: V. Requirements for lie Report for Wastewater Cction Meanings as follows: .and Transmission Facilior the Report for Wnatu re of most olledon Source of water supply for drinking. culinary or food processing tion F acdtiltiesd engineering nureport is not ually required. purposes shall mean any source, either public or private, the A brief reporsystems to dethiled engineenappropot o uuly reuiated. waters from which are used for domestic consumption, or used in A brief reportd however, shall be submitted to the appropriate connection with the processing of milk, beverages, food or for wastewater division, South Carolina Department of Health and other purposes which reqnire finished water meeting U. S. Public Environmental Control, along with the preliminary plans for the Health Service Drinking Water Standards. collection system. This report shall include but not be limited to the following: Approved treatment as applying to water supplies means treat- . A description of the area. facility or establishment the pro.. ment accepted as satisfactory by the authorities responsible for i. A description of the area. facility or establishment the pro- erercsing upervision over the sanitary guaLtq of wtter supplies. posed collection system is to serve to include the name of' the exercising supervision over the sanitary quality of water supplies. posed collection system is to serve to include the name of the facility(s), the number of connections, computations of flows Bathing shall include swimming but shall be regarded as a best location of the facility, and owner of proposed collection system. usage only for waters in which bathing is or may be expected to be 2. A description of the treatment facility to service the proposed subject to effective supervision and control. collection system to include the name, location, and permit um Fishing shall include the propagation of fish and other aquatic ber for this system; the present hydraulic load (average flow); life. identification and permit numbers of other collection systems Agricultural shall include use of water for stock watering, irriga- served or that are permitted to feed into the plant; and actual tion, and other farm purposes. performance of existing treatment plant under the present loading Tidal Waters shall mean all waters whose elevation is subject to conditions. Performance figures to include removal efficiencies for periodic changes under the influence of oceanic tides. BOD and suspended solids (and other parameters of importance Tidal salt waters shall mean those tidal waters which have a to subject treatment plant evaluation) as measured or as extracted chloride ion content in excess of 250 milligrams per liter (mg/L). from current composite plant operating records. Underground disposal shall mean the disposal of wastes by 3. A letter, addressed to the South Carolina Department of pumping or allowing to flow by gravity into the ground in such a Health and Environmental Control, prepared by the owner of the manner as to enter the subsurface strata of the earth. Such waste treatment facility agreeing to accept and provide treatment disposal is not to be permitted without the most careful justifica- for the waste flow from the proposed collection system. lion This definition does not cover the use of tile fields in 4. A description of potential problems that could be reasonably connection with septic tanks, or any other type of ground waste anticipated (e.g. power failure or pump shutdown in lift stations), disposal permitted under State regulatory supervision. possible health, nuisance, or hazardous conditions that may result, Controlled Discharge of wastes shall refr to the practice of possible adverse effects on nearby streams, and what considera- holding ikdustrial wastes, domestic sewage, or mixtures of the two, tions have been given to the prevention of such problems and the in lagoons: tanks, or other suitable containers for discharge at protection of streams, property, and the public during critical appropriate times. Such lagoons tanks or containers shall be shlutdown periods. considered waste treatment plants to be operated on permit of the 5. An updated, overall plan of collection system(s) with each Authority as specified by the Pollution Control Law and shall be submittal (especially appropriate where phase development is operated in the manner specified by the permit. being practiced). Point of Discharge shall mean that location in or adjacent to a body of water at which any liquid, solid or gaseous substances are 6 -68. Water Classification Standards System. discharged or deposited (Filed in the office of the Secretary of State on September d10 Propagation shall mean the continuance of species by genera- 1971.) 483 482 E-150 R 61-68 HEALTH & ENVIRON. CONTROL DEPr. HEALTH & ENVIRON. CoNTROL Der. R 61-48 tion or successive production in the natural environment, as reasonable standards of purity of the water resources of the opposed to the maintenance of species by artificial culture and State. consistent with the public health, safety and welfare of its stocking. citizens, maximum employment, the industrial development of Natural or Naturally Occurring Values shall mean for all of the the State, the propagation and protection of terrestrial and waters of the state: marine flora and fauna, and the protection of physical property and other resources. It is further declared that to secure these a. those water quality values which exist unaffected bty-or purposes and the enforcement of the provisions of this act, the unaffected as a consequence of--any water use by any person; Pollution Control Authority shall have authority to abate. or control and prevent pollution." b. those water quality values which exist unaffected by the Consistent with this policy the Pollution ontrol Authority of discharge. or direct or indirect deposit of, any solid, liquid. South Carolina does adopt general rules for the waters of South or gaseous substance by any person. Carolina as follows: Swamp Waters shall refer to those waters having those color 1. The classes and standards set forth in Section IV are in- and chemical characteristics found in waters which have been tended to protect public health and welfare by providing criteria exposed for a substantial time to decaying vegetable matter under for the streams of South Carolina which will stabilize and improve natural conditions. Under appropriate conditions this designation water quality in step with changes in the economy of the State and shall be applied without regard to velocity of the flow of the water. new technical developments. No permit issued hereunder. there- Impoundment shall mean a manmade lake. pond or facility fore, shall be interpreted as creating any vested right in any designed for the purpose of treating, stabilizing, neutralizing, or person. otherwise rendering innocuous sewage, industrial waste, or other 2. No waters of this State shall be used for the sole or principal wastes as defined in � 48-1-10 of the Pollution Control Act of purpose of transporting wastes. 1970. 3. No wastes amenable to treatment or control shall be dis- Section II. Waters whose existing quality is better than the charged into any State waters without treatment or control. All established standards will not be lowered in quality unless and bio-degradable waste, prior to discharge into any State waters. until it has been affirmatively demonstrated to the South Carolina shall receive a minimum of secondary treatment and all. other Pollution Control Authority that such change is justifiable as a wastes an equivalent degree of treatment, unless it can be demon- result of necessary economic or social development and will not strated that a lesser degree of treatment or control will provide for interfere with or become injurious to any assigned uses made of water quality improvement consistent with present and anticipated such waters. Any industrial. public or private project or develop- future water uses. ment which could constitute a new source of pollution or an 4. In any case where a body of water is tributary to another increased source of pollution to high quality waters will be re- body of water which is classified in a higher class, the quality of quired by the South Carolina Pollution Control Authority as part the water in the tributary shall be maintained at a level which will of the initial project design to provide the highest and best degree not cause a contravention of the higher standards of the down- of waste treatment practical under existing technology. In imple- stream body. menting the policy of this paragraph as it relates to interstate 5. TeNs or analytical determinations to determine compliance or streams, the Administrator of the Environmental Protection non-compliance with standards shall be made in accordance with Agency will be advised and provided with such information as he methods and procedures approved by the Pollution Control Au- will need from time to time to protect the interests of the United thority. (In approving methods, so far as practical and applicable, States and the authority of the Administrator in maintaining high the Authority will be guided by the latest edition of "Standard quality of interstate waters. Methods for the Examination of Water, Sewage, and Industrial Section 111. Rules Applicable to Al Classes and Standards. Waste" published by the American Public Health Association, the The General Assembly of South Carolina in the 1970 Pollution American Water Works Association, and the Water Pollution Control Act of South Carolina has declared the following policy: Control Federation.) "it is declared to be the public policy of the State to maintain 6. In making any tests or analytical determinations on classified 484 4 E-151 0� 0 R 61-68 IHEALTH & ENVIRON. CONTROL D�epr. HEALTIt & ENVIRON. CONTROL DEPT. R 6168 waters to determine compliance or non-compliance with water ments for all South Carolina waters and are to be implemented quality standards, representative samples shall be collected at and enforced: locations approved by the Pollution Control Authority. (1) For all waters for which no specific water quality standards a. Samples shall be taken from points so distributed over the are established; area and depth of the waters being studied as to permit a (2) Wherever and whenever specific water quality standards are realistic appraisal of such actual or potential damage to water not applicable because natural flow conditions are lower use or aquatic life as may exist. than those which occur at the minimum seven-day average b. Bioassay methods may be employed in appropriate situations flow that occurs with a frequency of once in ten years; to determine medium tolerance limits (r-n) and/or concen- (3) In addition to specific water quality standards as established tration of toxic substances. in Section IV of these standards. c. Temporal distribution of samples in tidal waters shall be such 8. In any case where streams are not otherwise classified and are as to cover the full range of tidal conditions. tributaries to a classified stream they shall meet the quality stan- d. The criteria are applicable to any fresh water stream when dards of the classified stream. the flow rate is equal to or greater than the minimum seven- 9. Natural waters may on occasion have characteristics outside of day average flow rate that occurs with an average frequency the limits established by the standards. The standards adopted of once in ten years. herein relate to the condition of waters as affected by the dis- 7. General water quality criteria are established to maintain in charge of sewage, industrial wastes or other wastes. The specified the waters of the State a water quality sufficient for the survival standards will not be considered violated when values outside the and general well-being of fish and other aquatic life during period established limits are caused by natural conditions. Where wastes of migration and passage. are discharged to such waters, the discharger shall not be consid- a. The waters of the State shall at all times be free from: red a ontribuor to sbstandard conditions pt requ irements is maintained treatment in compliance with permit requirements is maintained (1) Substances attributable to sewage, industrial waste, or other and, therefore, meeting the established limits is beyond his con- waste that will settle to form sludge deposits that are trol. unsightly, putrescent or odorous to such degree as to create 10a. The streams or portions of streams specified below shall be a nuisance, or that interfere directly or indirectly with water considered to be upper Piedmont streams and shall not exceed a uses; temperature of 84'F at any time, after adequate mixing of heated (2) Floating debris, oil, grease, scum and other floating materi- and normal water, as the result of the discharge of heated liquids, als attributable to sewage, industrial waste, or other waste in nor shall the water temperature after passing through an adequate amounts sufficient to be unsightly to such a degree as to zone of mixing be more than 5F greater than that of water create a nuisance or that interfere directly or indirectly with unaffected by the heated discharge. Provided: That the zone for water uses; mixing shall be limited to not more than 25 percent of the cross (3) Materials attributable to sewage, industrial waste, or other sectional area and/or volume of the fow of the stream and shall waste whlichl produce taste, odor, or change the existing not include more than one-third of the surface area measured color or other physical and chemical conditions in the from shore'to shore. receiving stream to such degree as to create a nuisance, or 1. Chatooga River and tributaries. that interfere directly or indirectly with water uses; and 2. That portion of Chauga River above the Hartwell Reservoir. (4) High-temperature, toxic, corrosive or other deleterious sub- 3. That portion of Keowee River and tributaries above Keowee stances attributable to sewage, industrial waste, or other Reservoir. waste in concentrations or combinations which interfere 4. That portion of Saluda River and tributaries above Saluda directly or indirectly with water uses, or which are harmful Like. to human, animal, plant or aquatic life. 5. Those portions of South Tyger, North Tyger and Enoree b. These general criteria establish basic water quality require- Rivers and tributaries above the Southern Railroad. 486 487 E-152 HfALTH SC ENVtRON. CoTrraoL DTP. ! �1-68 R 61-61 I!EALTI & ENVIaON. CONtIOL DEPT. public interest) shall be based on measurements in the receiving 6 'I fiat portiol of the Soull Pacolet River and tributaries above waters below the impoundment. Lakt Bowenr ~~~~~awm~ . ~Section IV. Established Cliasse for Fresh Surface Waters and 7. Tlhose portions of Broad River and Kings Creek that are the Standards of Qpality and Purity Which Shall be Applie d above the junction of these two streams. Thereto. b. All fresh waters of the State other than upper Piedmont Class AA. Water suitable for use for domestic and food process- watcrs shall not exceed a temperature of 90'F at any time, after ing purposes with disinfection and pH adjustments as the only adequate mixing of heated and normal waters as a result of heated treatment required. Suitable also for trout survival where so liquids, nor shall the water temperature after passing through an specified and for uses requiring water of lesser quality. adequate zone for mixing be more than 5'F greater than that of QUAIlY STANDARDS FOR CLASS A WATERS water unaffected by the heated discharge. Provided: That the zone fur mixing shall be limited to not more than 25 percent of the ITEMS SPECIFICATIONS cross sectional area and/or volume of the flow of the stream and I. Sewage, treated waste, ther- None. shall not include more than one-third of the surface area mea- mal discharges, or other Not less than 6 mg/l with a sured from shore to shore. waste effluents. daily average of 7 mg/I. c. 'llIe temperature of tidal waters shall not exceed 4'F above 2. Dissolved Oxygen. the natural temperature during the fall, winter or spring and shall 3. Toxic wastes, deleterious None in amounts to exceed lim- not exceed 1 5'F above the natural temperature during the sum- substances, colored or other itations set forth in the latest mer months. wastes. edition of U. S. Public Health d. All waters of the lakes and reservoirs of the State located on Service Drinking Water Stan- streams specified in 10a above shall not exceed a monthly average dards. temperature of 84'F at any time, after adequate mixing of heated and normal water, as the result of the discharge of heated liquids, nor shall the monthly average water temperature after passing 4. Fecal coliform. Not to exceed 20/100 ml as a through an adequate zone of mixing be more than 3'F greater monthly arithmetic average. than that of the water unaffected by heated discharge. The size of Class A. Waters suitable for use as swimming waters. Suitable the mixing zone will be determined on an individual project basis also for other uses requiring waters of lesser quality. and will be based on normal engineering considerations and the area affected shall be kept at a minimum. The mixing zone shall QUALITY STANDARDS FOR CLASS A WATERS not prevent free passage of fish or cause fish casualty. ITEMS SPECIFICATIONS c. All waters of lakes and reservoirs of the State located on 1. Fecal coliform. Not to exceed a geometric streams other than upper Piedmont waters shall not exceed a mean of 200/100 ml; nor shall montrtly average temperature of 90'F at any time, after adequate more than 10%e of the total mixing of heated and normal waters as a result of heated liquids, samples during any 30 day pe- nor shall the monthly average water temperature after passing riod exceed 400/100 ml. through an adequate zone for mixing be more titan YF greater 2. Phenolic compounds. Not greater than I microgram than that of water unaffected by the heated discharge. The size of per liter unless caused by natu- the mixing zone will be determined on an individual project basis ral conditions. and will be based on normal engineering considerations and the 3. pH. Range between 6.0 and 8.0. ex- area aflected shall be kept to a minimum. The mixing zone shall cept that swamp waters may not prevent free passage of fish or cause fish casualty. range from pH 5.0 to pH 8.0. 4. Dissolved Oxygen. Not less than 5 mg/i, except I. Compliance with temperature standards (as specified in 10a., that swamp waters may have an b., and c.) in streams below impoundments to include those which average of 4 mg/l. are used for cooling purposes (as judged by the PCA to be in the 489 488 E-153 R 61-68 IiEALTH & ENVIRON. CONTROL DEPT. HEALTH & ENVIRON. CONTROL DPTe. R 61-68 Class B. Waters suitable for domestic supply after complete secutive samples during any S0 treatment in accordance with requirements of the South Carolina day period; nor to exceed State Board of Health. Suitable also for propagation of fish, 2000/100 ml in more than 20% industrial and agricultural uses and other uses requiring water of of the samples examined during lesser quality. such period (not applicable dur- ing or immediately following QUALITY STANDARDS FOR CLASS B WATERS periods of rainfall). ITEMS SPECIFICATIONS CLASSES AND STANDARDS FOR TIDAL SALT WATERS I. Fecal coliform. Not to exceed a log mean of ass SA. Waters suitabl 1000/100 ml based on five con- Class SA. Waters suitablF for shellfishing for m ark et purposes secutive samples during any 30 and any other usages. Suitable also for uses requiing water of day period; not to exceed 2000/ lesser quality. 100 ml in more than 20' of QUALITY STANDARDS FOR CLASS SA WATERS the samples examined during ITEMS SPECIFICATIONS such period (not applicable dur- I. Garbage, cinders, ashes, oils, None. ing or following periods of rain- sludge or other refuse. fall). 2. Sewage or waste effluents. None which are not effectively 2. pH. Range between 6.0 and 8.5, ex- disinfected. cept that swamp waters may 3. Dissolved Oxygen. Not less than 5 mg/l. range from pH 5.0 to pH 8.5. 4. Toxic wastes, deleterious None alone or in combination 3. Dissolved Oxygen. Daily average not less than 5 substances, colored or other with other substances or wastes mg/l with a low of 4 mg/l, wastes. in sufficient amounts as to be except that swamp waters may injurious to edible fish or shell- have an average of 4 mg/l. fish or the culture or propaga- 4. Plenolic compounds. Not greater than I microgram tion thereof, or which in any per liter unless caused by natu- manner shall adversely affect ral conditions. the flavor, color, odor, or sani- Class C'. Waters suitable for fish survival', industrial and agricul- tary condition thereof or impair rural uses and other uses requiring water of lesser quality the waters f or any other best QUALITY STANDARDS FOR CLASS C WATERS specific waters which are as- specific waters which are as- ITEMS SPECIFICATIONS signed to this class. 1. pH. Range between 6.0 and 8.5, ex- cept that swamp waters may range between 5.0 and 8.5. 5. Organisms of coliform Shall meet U. S. Public Health 2. Dissolved Oxygen. Not less than 3 mg/l, except group. Service Standards. (1965 Revi- that swamp waters may have a sion) low of 2.5 mg/l. 3. Fecal coliform. Not to exceed a log mean of 6. pH. Shall not vary more than 3/10 1000/100 ml based on five con- of a pH unit above or below that of effluent-free waters in IA o apply unly to sIrears rccevmnll waste pilor lo May 4. 1950. and not be appled t o the same geographical area hav- sacasns with a seven.day oirce In den years occurrence flow of more than 22 5 nlgd nor ing a similar total salinity alka- shall hi,. la ssihtalloo be assigsned to crsla streamlinity, alka- "Fsh 5sl'vl"d aa used aIn 1is slaasidad incas the coainued exlstence of individual fish linity and temperature. I..l,,.lly ltsnclous to waler orf thlsl ype Class SB. Waters suitable for bathing and any other usages 490 491 E-154 R 61 HE1IALTH & ENVIRON. CONTROL DEPT. HEALTH & ENVIRON. CONTROL DEPT. R 61-69 except shellfishing for market purposes. Suitable also for uses 1000/100 ml based on five con- requiring water of lesser quality. secutive samples during any 30 QUALITY STANDARDS FOR CLASS SB WATERS day period; nor exceed 2000/ ITEMIS SPECIFICAT~IONS 100 ml in more than 20%6 of . Garbage, cinders ashes, oils, CIFCAIONS the samples examined during slud Garbage or othcinder ashes, oils, None. such period (not applicable dur- 2. Sewage or waste effluents. None which are not effectively period of rainfall). 3. Dissolved Oxygen. Not less tdsan 5 mgf l. 2. Garbage, cinders,,ashes, oils, None. 4. Toxic wastes, deleterious None alone or in combination 3. Dissolvudge or other refuse. substatices, colored or other with other substances or wastes 4. Dissolved Oxygen. Not less than 4 mgb. wastes. in sufficient amounts as to be 4. Toxic wastes, oils, deleteri- None alone or in combination injurious to edible fish or the ous substances, colored or with other substances or wastes culture or propagation thereof, other wastes. in sufficient amounts as to be or which in any manner shall injurious to edible fish or the adversely affect the flavor, culture or propagation thereof. color, odor, or sanitary condi- or which in any manner shall tion thereof; to make the waters adversely affect the flavor, unsafe or unsuitable for bathing color, odor, or sanitary condi- or impair the waters for any tion of fish or impair the waters other best usage as determined for any other best usage as de- for the specific waters which are terained for the specific waters assigned to this class. which are assigned to this class. 5. Fecal coliform. Not to exceed a geometric mean of 200/100 ml; nor shall more than 10% of the samples 5. pH. Shall not vary more than one in any 30 day period exceed pH unit above or below that of 400/100 ml. effluent-free, waters in the same 6. pH. Shall not vary more than one- geographical area having a simi- half of a pH unit above or be- lar total salinity, alkalinity and low that of effluent-free waters temperature but not lower than in the same geographical area 6.75 or above 8.5. having a similar total salinity, alkalinity and temperature, but not lower than 6.75 or above 61-. Stream Classifications. 8.5. (Promulgated pursuant to � 48-1-60 of the 1976 Code; filed in the office of the Secretary of State on the dates indicated.) 1. Criteria For Classes: All adopted classifications must conform Class SC. Waters suitable for crabbing, commercial fishing and to the standards contained within State Water Classification Stan- any other usages except bathing or other shellfishing for market dards System as adopted by the South Carolina Pollution Control purposes. Suitable also for uses requiring water of lesser quality. Authority on September 8, 1971 and filed with the South Carolina QUALITY STANDARDS FOR CLASS SC WATERS Secretary of State on September 10, 1971. ITEMS SPECIFICATIONS 111. Tributary To Classified Waters: In any case where streams i. Fecal coliform. Not to exceed a log mean of are not otherwise classified and are tributaries to a classified 492 493 E-155 0~( 0� . R 61-69 lE.ALrH &: ENVIRON. CONTROL DEPTr. [E-ALTnl & ENVIRON. CONTROL DEPT. R 61-69 stleal they shall meet the quality standards of the classified Bear Swamp: Dillon County. The entire stream tributary to stream. Ashpole Swamp, Class A (swamp). Filed June 8, 1956. IV. Significance Of Dates: The filing date after each classified Beards Fork Creek: Laurens County. The entire stream tributary body of water represents the date on which the adopted classifica- to Duncan Creek, Class B. Filed August 7, 1972 and March 31, tion was filed with the South Carolina Secretary of State. 1954. On file with the Secretary of State and the Pollution Control Beaufort River:. Beaufort County. The entire stream tributary to Authority are the date and place of each public hearing on stream Port Royal Sound, Class SB. Filed November 5, 1955. classification and the date on which the classifications was adopted Beaver Creek: Anderson County. The entire stream tributary to by the Pollution Control Authority. Rocky River, Class B. Filed! August 7, 1972. V. Status Of Classifications: The classification for all bodies of Beaver Creek: Kershaw County. The entire stream tributary to water contained herein supersedes all previous classifications. Wateree Lake, Class A. Filed January 18, 1957. Allan Creek (also called Allen Creek): Spartanburg County. The Beaverdam Creek: Anderson County. The entire stream tribu- entire stream tributary to Enoree River, Class B. Filed August 7, tary to Rocky River, Class B. Filed June 29, 1953. Beaverdarn Creek: Darlington and Chesterfield Counties. The Archer Creek: Beaufort County. That portion from Port Royal entire stream tributary to Black Creek, Class A. Filed August 7, to U.S. Government Parris Island Bridge, Class SB; from the 1972. Bridge to Broad River. Class SA. Filed March 15, 1968. Beaverdam Creek (also called Irene Creek): Cherokee County. Ashepoo River: Colleton County. That portion to salt water The entire stream tributary to Thicketty Creek. Class B. Filed intrusion, Class B. Filed August 7, 1972; Salt water intrusion to August 7, 1972. Atlantic Ocean, Class SA. Filed November 5, 1955. Beaverdam Creek: Laurens County. The entire stream tributary Ashley River: Dorchester and Charleston Counties. That portion to Enoree River, Class A. Filed October 15, 1969. to salt water intrusion, Class B. Filed September 27, 1954 and Beaverdam Creek: Marlboro County. The headwaters to the August 7, 1972; Salt water intrusion to Charleston Harbor, Class upper end of McLaurins Pond, Class B; McLaurins Mill Pond to SC. Ftiled September 27, 1954. Little Pee Dee River, Class A. FiledJune 8, 1956. Ashpole Swamp: Dillon and Marion County. The entire stream Beaverdam Creek: York County. The entire stream tributary to tributary to Lumber River, Class A (swamp). FiledJune 8, !956. Crowder's Creek, Class B. Filed August 7, 1972. Back River: Berkeley County. The entire stream tributary to Bees Creek: Jasper County. The entire stream tributary to Cooper River, Class B. Filed September 27, 1954. Coosawhatchie River, Class SC. Filed November 5, 1955. Bailey Creek: Anderson County. The entire stream tributary to Bell Swamp Creek: Dillon County. The entire stream tributary Rocky River, Class B. Filed June 29, 1953. to Little Pee Dee River, Class A. Filed August 7, 1954. Bartons Branch (Summrhouse Branch and Jolmsons Swamp): Lake Wylie, Class U. Filed August i, 1952. Williamsburg and Ceorgetown Counties. The entire stream tribu- 1972. tary to Black River, Class B (swamp). Filed August 7, 1972. Big-Boggy Swamp: Darlington County. The entire stream tribu- tary to Mcintosh Mill Stream, Class A. Filed August 7, 1972. Battery CicekB: BeauforiiCount C re County.e sTe entire stream tributary to Battery C Beauort Rir, C lasse entire stream tributarch 15, 1968. Big Creek: Anderson County. The entire stream tributary to Saluda River, Class B. Filed August 7, 1972 and September 27, Bear Creek: Newberry and Lexington Counties. The entire 1963. stream tributary to lake Murray. Class B. Filed August 7, 1972. Big Cencrostee Creek: Anderson County. The entire stream Bear Creek: Lancaster County. The entire stream tributary to tributary to Savannah River, Class B. Filed August 7, 1972. Cane Creek, Class B. Filed December 7, 1962. Big Pine Tree Creek: Kershaw County. Hleadwaters through 494 4156 E-156 R 61-69 ElALTHI & ENVII(ON. CONTROL DiPTr. iEALTHu & ENVIRON. CONtrROL DEPr. R 6169 Hermiiagc Mill Canal, Class A. Filed January 18. 1957; Hermitage Browns Swamp: Marion County. The entire stream tributary to Mill Canal to Wateree River, Class B. Filed August 7, 1972. pee Dee River Swamp, Class B (swamp). Filed August 7, 1972. Big Rock Creek: Greenwood County. The entire stream tribu- Brushy Creek: Greenvile County. Headwaters northeast of tary to Wilson Creek, Class B. Filed October 5, 1953. Greenville to Enoree River, Class B. Filed November 7, 1956. Big Swamp: Florence County. The entire stream tributary to Brushy Creek: Greenville County. The entire stream tributary to Lynches River, Class B (swamp). Filed August 7. 1972. Reedy River, Class B. Filed August 7, 1972. Black Creek: Darlington, Chesterfield and Florence Counties. Brushy Creek: Pickens County. The entire stream tributary to From its headwaters to S.C. 145, Class B. From S.C. 145 through Saluda River, Class B. Filed August 7, 1972. Prestwood Reservoir at Hartsville, Class A (swamp); Filed June 8, Buck Creek: Barnwell County. The entire stream tributary to 1956 From Prestwood Reservoir to U.S. 52, Class B (swamp). Salkehatchie River, Class B. Filed August 7. 1972. Filed August 7. 1972. From U.S. 52 to S.C.L. Railroad bridge east Buck Creek: Spartanburg County. The entire stream tributary to of tlartsville, Class B; from the S.C.L. Railroad bridge to its Pacolet River, Class B. Filed August 7, 1972. confluence with Pee Dee River, Class A. Filed January 21. 1969. Buck Swamp: Dillon, Marion and Marlboro Counties. The entire Black River- Lee, Sumter. Clarendon, Williamsburg and George- stream tributary to Little Pee Dee River, Class B (swamp). Filed town Counties. From the headwaters to the confluence with August 7, 1972. Pocotaligo River, Class B (swamp); from this point to the junction Buffalo Creek: Cherokee County. The entire stream tributary to with U.S. 701, Class A (swamp); from U.S. 701 to Winyah Bay, Broad River. Class B. Filed January 18, 1962 and March 20, 1964. Class Se. Filed Junty. The entire stream tributary Buffalo Creek: Union County. The entire stream tributary to Blue !till Creek: Abbeville County. The entire stream tributary Fairforest Creek. Class B. Filed August 7. 1972. to Norris Creek, Class B. Filed August 7, 1972 and May 26, 1955. Fairforest Creek, Class B. Filed August 7, 1972. Bohicket Creek: Charleston County. From its junction with Bull Branch: Marlboro County. The entire stream tributary to North Edisto River to its junction with Church Creek, Class SA. Ilagins Prong, Class B. Filed August 7, 1972. Filed March 15, 1968. Bull Creek: Horry County. Pee Dee River to Waccamaw River, Branch from Haile Goldmine: Lancaster County. The entire Class B. Filed March 15. 1968. stream tributary to Lynches Creek, Class B. Filed August 7. 1972. Bullocks Creek: York County. Headwater to Broad River, Class Brickyard Creek: Beaufort County. The entire stream tributary A. Filed August 25, 1969. to Beaufort River, Class SA. Filed November 5, 1955. Bull Run Branch: Chester County. The entire stream within Brickyard Creek: Charleston County. The entire stream tributary Chester County, Class A. FiledJanuary 22. 1959. to Ashley River, Class SC. Filed September 27, 1954. Bull Swamp Creek: Lexington and Orangeburg Counties. That Broad Creek: Beaufort County. The entire stream tributary to portion of the stream above Swansea, Class A. Filed February 16, Calibogue Sound, Class SA. Filed March 15, 1968. 1956; that portion below Swansea. Class B. Filed August 7, 1972. Broad River (Main -Stem): Cherokee, York, Union, Chester, Burdine Creek: Pickens County. The entire stream tributary to Newberry, Fairfield and Richland Counties. The entire stream Georges Creek, Class B. FiledJune 28, 1954. tributary to Congaree River, Class B. Filed February 24, 1953. Burnett'gCreek: Saluda County. The entire stream tributary to Broad River: Jasper and Beaufort Counties. The entire stream Little Saluda River, Class B. Filed August 7. 1972. tributary to Port Royal Sound, Class SA. Filed November 5, 1955. Burht Gin Lake: Sumter County. The entire lake located on the Broadmouth Creek: Abbeville and Anderson Counties. The western reaches of Cane Savannah Creek, Class A. Filed January entire stream tributary to Saluda River, Class B. Filed August 7 24, 1972. 1972. Bush Creek (or River): Laurens and Newberry Counties. The Broadway Creek: Anderson County. HIeadwaters from Broadway entire stream tributary to Lake Murray. Class B. Filed October 14, Creek to backwaters of Broadway lake, Class B; Broadway Lake to 1955 and August 7, 1972. Rocky River, Class A. Filed January 27. 1956. Byrum's Creek (Branch from Appleton Mill to Whitner Creek): 496 497 E-157 R 61-69 IIEALTri & ENVIRON. CONTROL DEFr. HlFALnt & ENVIRON. CONTROL DEFT. R 6169 Anderson County. The entire stream tributary to Whitner Creek, Chauga River: Oconee County. Headwaters to I mile above U.S. Class B. Filed August 7. 1972. 76, Class AA. Filed May 24, 1954; from I mile above U.S. 76 to Calhoun Creek: Abbeville County. The entire stream tributary Tugaloo River, Class B. Filed August 1, 1955. to Little River, Class B. Filed August 7, 1972. Cherokee Creek: Anderson County. The entire stream tributary Calibogue Sound: Beaufort County. The entire sound tributary to Hen Coop Creek, Class B. Filed August 7. 1972. to Atlantic Ocean. Class SA. Filed March 15, 1968. Cherokee Creek: Cherokee County. The entire stream tributary Creek ancaser Couny. The enire sream ribuary o to Broad River, Class B. Filed February 24, 1953 and August 7, Catawba River, Class B. Filed August 7, 1972. 1972. Cane Creek: Oconee County. That portion through the Walhalla Chickasaw Creek: Abbeville County. The entire stream tributary Water Reservoir, Class B. Filed May 24. 1954; That portion below to Litle Pee Dee River, Class B. Filed March 24, 1955 and August County Road 202, Class B. Filed February 3, 1955. 7 1972. Cannons Creek: Newberry County. The entire stream tributary Choestoea Creek: Oconee County. The entire stream tributary to Broad River, Class B. Filed October 14, 1955. to Hartwell Reservoir, Class B. Filed August 7. 1972. Canoe Creek: Anderson County. 'Me entire stream tributary to Chowan Creek: Beaufon County. ThThe entire stream tributary to Little Cenerostee Creek, Class B. Filed August 7, 1972. Beaufort River, Class SA. Filed November 5, 1955. Cape Romain Harbor-. Charleston County. The entire stream Clark Creek: Williamsburg and Florence Counties. The entire tributary to Atlantic Ocean, Class SA. Filed March 15, 1968. stream tributary to Pee Dee River, Class B (swamp). Filed August Catawba-Wateree River: York, Lancaster. Chester. Fairfield, Ker- 7, 1972. shaw. Richland and Sumter Counties. The entire stream tributary Clark Hill Reservoir: McCormick County. The entire reservoir to Lake Marion, Class B. Filed February 17, 1954. on the Savannah River, Class A. Filed March 15, 1968. Catfish Creek: Marion County. The entire stream tributary to Clark Sound: Charleston County. The entire sound tributary to Pee Dee River. Class B (swamp). Filed August 7. 1972. Charleston Harbor, Class SC. Filed March 15, 1968. Causeway Branch: Sumter County. The entire stream tributary Clarks Creek: York County. The entire stream tributary to to Second Mill Pond, Class B. Filed December 22, 1972. Bullocks Creek, Class A. Filed August 25, 1969. Caw Caw Swamp: Allendale and Hampton Counties. Th ire Clouds Creek Saluda County. The entire stream tributary to stream tributary to Whippy Swamp, Class B. Filed August 7. 1972. Lake Murray. Class B. Filed August 7, 1972. Cedar Creek: Darlington and Chesterfield Counties. The entire Coastal Waters: Charleston County. From the land to the limits stream tributary to Pee Dee River, Class A. Filed August 7, 1972. of State jurisdiction, Class SA. Filed March 15, 1968. Cedar Creek: Fairfield and Richland Counties. The entire stream Coastal Water-. Georgetown and Horry Counties. From the land tributary to Broad River, Class B. Filed August 7, 1972. to the limits of State jurisdiction, Class SA. Filed March 15, 1968. Cedar Creek: Richland County. The entire stream tributary to Coastal Water: Jasper. Beaufort and Colleton Counties. Coastal Congaree River, Class A. FiledJanuary 26. 1972. waters offshore to the land to the limits of the State jurisdiction, Cezmetery Creek (or Silver Brook Creek): Anderson County. The Class SA.Ftled March 15, 1968. entire stream tributary to Rocky River, Class B. Filed August 7 Colleton River: Beaufort County. The entire stream tributary to 1972. Port Royal Sound, Class SA. Filed November 5, 1955. Charleston Harbor: Charleston County. From Battery to Atlantic Corbahee-Salkehatchie River: Barnwell, Bamberg. Allendale, Ocean, Class SC. Filed March 15, 1968. Hlampton, Colleton and Beaufort Counties. That portion of the Chatooga River: Oconee County. The entire stream tributary to stream to salt water intrusion, Class A; from salt water intrusion to 1T7ugaloo River, Class A. Filed March 15, 1955. ConeHrors Creek: Oconee County. That portion through Negro Chauga Creek (also called Jerry Creek): Oconee County. From Coneras Creek: Ocone Ci ou nty. That portion through Negro headwaters through Oconee State Park swimming area. Class A; Fork Creek, Class A. Filed May 24, 1954 and March 22, 1962 * from this point to Clhaoga River, Class B. Filed May 24, 1954. Congaree Creek: Lexington County. That portion of the stream 498 499 E-158 R 61-69 tiEALTli & ENVIRON. CONTROL DEPr. HEALTH & ENVIRON. CONTROL DEPT. R 61-69 above the Cayce intake, Class A. Filed October 14, 1955; from that Crowders Creek: York County. The entire stream tributary to point to the Congaree River, Class B. Filed August 7, 1972. Lake Wylie, Class B. Filed August 7, 1972. Congaree River: Richland, Lexington and Calhoun Counties. Cypress Swamp: Dorchester County. The entire stream tributary The entire stream tributary to Lake Marion, Class B. Filed August to Ashley River, Class B. Filed September 27, 1954. 7, 1972. Diversion Canal: Berkeley County. The entire canal between Contrary Swamp: Dillon County. The entire stream from its Lake Marion and Lake Moultrie, Class A. Filed March 15, 1968. headwaters to the North Carolina line near South of the Border, Doolittle Creek: Cherokee County. The entire stream tributary Class B. Filed August 7, 1972. to Broad River, Class B. Filed August 7, 1972. Cooper River: Berkeley and Charleston Counties. That portion Double Branch: Abbeville County. The entire stream tributary of the stream from U.S. 52 to a point approximately 30 miles to Long Cane Creek, Class B. Filed August 7, 1972. above the junction of the Ashley and Cooper Rivers, Class B. Filed September 27, 1954 and February 24, 1953. That portion below entire stream tributay toJones Branch Class B. Filed August he that point to the junction of the Ashley and Cooper Rivers, Class 1972. SC. Filed February 24, 1953. SC. 'Fied February 24. 1953. Dry Fork Branch: Chester County. The entire stream tributary Cooper River: Beaufort County. The entire stream tributary to to Sandy River, Class B. Filed August 7, 1972. Calibouge Sound, Class SA. Filed November 5, 1955. ,Calibouge Sound . Cass SA. Filed November 5, 1955. Duck Creek: AUendale County. The entire stream tributary to Coosaw River: Beaufort County. The entire stream tributary to Coosawhatchie River, Class B. Filed August 7, 1972. St. lielena Sound, Class SA. Filed November 5, 1955. St. Helena Sound, Class SA. Filed November 5, 1955. Duncan Creek: Laurens and Newberry Counties. That portion of Coosawhatchie River: Allendale, Hampton and Jasper Counties. the stream in Laurens County, Class B. Filed March 31, 1954 and Headwaters to salt water intrusion, Class A. Saltwater intrusion to August 7, 1972. From the Laurens and Newberry County line to Broad River, Class SA. Filed November 5, 1955. the Whitmire discharge, Class A. Filed October 14, 1955. From Copahee Sound: Charleston County. The entire sound, Class the Whitmire discharge to the Enoree River, Class B. Filed August SA. Filed March 15, 1968. 7, 1972. Corner Creek: Abbeville County. The entire stream tributary to Duncan Creek: Lexington County. The entire stream tributary Little River, Class B. Filed August 7, 1972. to Chinzuapin Creek, Class B. Filed October 14, 1955. Coronaca Creek: Greenwood County. The entire stream tribu- Durbin Creek: Greenville and Laurens County. The entire tary to Wilson Creek, Class B. Filed October 5, 1953. stream tributary to Enoree River, Class B. Filed August 7, 1972. Cowpen Swamp: Dillon County. The entire stream tributary to Dutchmans Creek: Fairfield County. The entire stream tributary Bear Swamp, Class A (swamp). Filed June 8, 1956. to Lake Wateree, Class B. Filed August 7, 1972. Cowpens Creek: Cherokee County. The entire stream tributary Dutchmans Creek (also known as Big Dutchmans Creek): York to Little Thicketty Creek, Class B. Filed August 7, 1972. Countiy. The entire stream tributary to Catawba River, Class B. Cox Branch: Bamberg County. The entire stream tributary to Filed August 7, 1972. Lemon Creek, Class B. Filed August 7, 1972. Dye Bra'ch: York County. See Dry Branch in (York County). Crane Creek: Richland County. That portion above Lake Eliza- East Beards Creek: Anderson County. The entire stream tribu- beth (Best Lake), Class A. Filed February 17, 1954. From Lake lary to Wilson Creek, Class B. Filed August 7, 1972. Elizabeth to Broad River, Class B. Filed August 7, 1972. East Rock Creek: Anderson County The entire stream tributary Crimms Creek: Newberry County. The entire stream tributary to m, Broadway Creek, Class B. Filed August 7, 1972. Broad River, Class B. Filed August 7, 1972. East Fork (also known as Fork Creek): Chesterfield County. The Crooked Creek: Marlboro County. That portion of the stream (l-llre stream tributary to Lynches River, Class B. Filed August 7, above S.C. 9 at Bennetsville, Class A. Filed June 8, 1956; from 1!72. S.C. 9 to Pee Dee River, Class B. Filed August 7, 1972. I.d(hsto River (Main Stem): Orangeburg, Bamberg, Dorchester, 500 501 E-159 It 61-69 HE,%Lrn & ENviRtON. CON-rTROL DErr. hELh&ENVIRON. CONTROL DEPT R 61-69 Collefon and Charleston Counties. The entire streami to the North Gillard Creek: Greenville County. See Glider& Creek int (Green- Edisto and South Edisto Rivers, Class A. Filed July 13. 1956. Ville County). EFiglucen Mile Creek:. Pickcn3 auid Anderson Counties. The Gilders Creek (also known as Gillard Creek). Greenville County. entire streant tributary to Hlartwell Reservoir, Class B. Filed Au- -rhc entire stream tributary to Enoree River, Class B. Filed August gust 7, 1954. August 7, 1972 and June 29. 1953. 1. 1912. linoiree River: Greenville, Spartanburg. Laurens, Union and Gills Creek:, Richland County. From the headwaters through Newberry Counties. The entire stream tributary to Broad River . Forest Lake, Class A. Filed February 17. 1954; from Forest Lake Class B.- Filed April 7, 1955; April 17. 1953; April 23, 1955 and to Congaree River. Class D. filed August 7, 1972. August 7. 1972. Golden Creek: Pickens County. 'Me entire stream tributary to Fairforest Creek: Spartanburg and Union Counties. The entire Twelve Mile Creek, Class B.' Filed August 7, 1972. stream itibutary to Broad River, Class B. Filed August 7, 1972. Granny's Quarter Creek: Kershaw County. T1he entire stream First Creek: Lexington County. The entire stream tribuetary to tributary to Wateree River, Class A. Filedjanuary 18, 1957. Congarce Creek, Class A. filed October 14. 1955. Grapevine Brasuch, Ramberg County. The entire stream tributary Fishing Creek: Clsester and York Counties. From hseadwaters to to Lernon Creek, Class B. Filed Augtust 7, 1972. S.C. 72. Class A. Filed June 26, 1959. From S.C. 72 to [asido Grassy Run Branch: Chester County. The entire stream tributary intake. Class B. Filed November 3, 1953; and janbary 22, 1959. to Rocky Creek. Class B. Filed August 7. 1972. Fromt the Uando intake to Catawba River, Class D. Filed August 7, Grays Sound: Charleston County. The entire sound. Class SA. 1972. Filed March IS, 1968. Fishing Creek Lake: Chester and Lancaster Counties. The entire Great Falls Lake: Chester and Lancaster Counties. The entire L.ake on Catawba River. Class A. Filed September 7. 1971. lake on Catawba River, Class A. Filed September 7, 1971, Flagreed Creek: Abbeville County. The entire stream tributary Green Swamp. Sumter County. That portion from its headwa- to Calhsouns Creek, Class B, Filed August 7, 1972. .ters to S.C. Highway No. 380, Class D. That portion from S.C. Folly ]River: Chau lesion County. The entire stream tributary to Hi-ghway No. 300 to Second Mill Pond Damn, Class A. That portion Stonci River, Class SA. Filed Match 15, 1968. from Second Mill Pond Dam to its confluence with Pocotaligo Fork Creek: Chesterfield County. See East Fork in (Chesterfield River, Class B. County). Gulley Branch: Florence County. Tlie entire stream tributary to Four Hole Swamp: Orangeburg, Corchester, Berkeley and Cal- Jefferies Creek, Class A. Filed June S. 1956. Isoun Counties. Ile entire stream tributary to Edisto River, Class Haile Gold Mine Branch: Lancaster County. See Branch from B1 (swfamp). Filed February 16. 1956. Hlaile Cold Mine its (Lancaster Cotanty). Four Mile Creek: Orangeburg County. The entire stream tribu- Halfnsoon Branch: Bamiberg County. 'Me entire stream tributary tary to North Fork Edisto River, Class B. Filed Februiary 16, 1956. to Chents Branch, Class B. Filed August 7, 1972. Fourteen Mile Creek: Lexington County. 'Me entire stream H lamnlin Sound: Clsarleston County. The entire sound, Class SA. tributary to'fTwelve Mile Creek. Classi B. Filed October 14, 1955. Filed March is, 1968. Fripp TInlet: Beaufort County. The entire stream tributary to f langing-'Rock Creek: Lancaster and Kershaw Counties. That Atlantic Ocean, Class SA. Filed November 5, 1955. portion from the headwaters to County Road 84 below Kershaw, Frowhawk Creek- Spartanburg County. The entire stream tribu- Class B. Filed October 6, 1966. tary to South Tyger River. Class B. Filed August 7, 1972. Harbor River: Beaufort County. The entire stream tributary to Galfsiey Creek:. Cherokee County, See Peoples Creek in (Chcro- St. Ielena Sound and Fripp Inlet. Class SA. Filed November S. kee County). 1955. Georges Creek (and branch ftotn Easley): Pickens Counrty. Th Ilard Labor Creek: Greenwood and McCormick Counties. The rutire stream tribsatary to Saluda River. Class B. Filed August 7. entire stream tribtitary to Stevens Creek. Class D. Filed August 7. 1972 1972. 5~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~02 E- 160 1-EALTII S& ENVIRON. CONTROL DEvr. R 61-69 I 61-69 IEALth & ENVIRON. CONTROl. Drvr. llarris Milll Branch: Gmeenowood County. Tlhe entire stream Jackson Branch: Allendale and Hampton Counties. The entire tributary to Ro cky Creek, Class B. Filed August 7, 1972. stream tributary to Whippy Swamp, Class A. Filed November 5, Hartwell Reservoir: Oconee, Pickens and Anderson Counties. 1955. Ala rtl withi n South Carolinaee Pien ass A. Flderson Cunie. Jackson Creek: Fairfield County. The entire stream tributary to All that portion within South Carolina, Class A. Filed April 4, Little iver Class A. FiledJune 27. 1968. 1orti0n April Little River. Class A. Filed June 27. 1968. 1960. w Crk: McCormick Couty. Th tir strm tbutary to Jackson Creek: Richland County. The entire stream tributary to !lawe Creek: McCormick County. The entire stream tributary to Cills Creek Class A. Filed February 17. 1954. Clak Hill Reservoir, Class B. Filed August 7. 1972. Hayes Swamp: Dillon County. The entire stream tributary to Jacobs Creek: Laurens County. The entire stream tributary to Little Pee Dee River, Class B (swamp). Filed August 7, 1972. llensbree Creek: Anderson County. The entire stream tributary 1956. to Hlartwell Reservoir. Class B. Filed August 7, 1972. Jericho Creel: Beauliorn County. The entire stream tributary to Hemedy Creel (Ramsey Creek): Oconee County. The entire Battery Creek. Beaufort County. . Filed March 15tbutay to1968. stream tributary to Chauga River, Class B. Filed May 24 1954. Jery Creek (also called Chauga Cree): Oconee County. See len Coop Creek: Anderson County. The entire stream tributary ChauJerry Creek in (Ocoee County. See to Rocky River, Class B. Filed August 7, 1972. Caugamies Creek in Ocon County. The entire stream tributary Hollow Creek: Lexington County. The entire stream tributary to Tyger River Countylass B. File entire stream tributary 1972. Lake Murray, Class A. Filed December 9 1968. to Tyger River Clas s B. Filed Aughust 7 1972. Horse Creek: Aiken County. That portion above Flat Rock Johnson Swamp (Summerhouse Branch and Barions Branch)- Pond. Class A. Filed November 25, 1957; from Flat Rock Pond to Williamsburg and Georgetown Counties. The entire stream tribu- Savannah River, Class B. Filed August 7, 1972. tary to Black River, Class B. Filed August 7. 1972. Husbands Creek: Marlboro County. The entire stream tributary Jordan Branch: Barnwell County. The entire stream tributary to HCusbands Creek: Marlboro County. Ilne entire stream tributary Toby Creek Class o. Filed August 7 1972. to Pee Dee River, Class B. Filed August 7, 1972.reek, Class B. Filed August 7, 1972. Indian Creek. La uren s County. The entire stream tributary to Kate Fowler Branch: Greenwood County. The entire stream Enoree River. Class B. Filed August 7, 1972. tributary to Ninety-six Creek, Class B. Filed August 7, 1972. Indian Field Swamp: Dorchester and Orangeburg Counties. The Keller Creek: Abbeville County. The entire stream tributary to entire stream tributary to Polk Swamp, Class B (swamp). Filed lcCord Creek, Class B. Filed March 24, 1955. February 16. 1956. Kelsey Creek: Spartanburg County. The entire stream tributary Intracoastal Waterway: Horry and Georgetown Counties. From to Fairforest Creek, Class B. Filed April 21, 1970. the Northl Carolina line to salt water intrusion, Class A; from salt Keowee Lake: Oconee and Pickens Counties. The entire lake water intrusion to Winyah Bay, Class SA. Filed June 8. 1956; from Class A. Filed September 7, 1971. Winyah Bay to South Santee River, Class SA. Filed March 15, Kilgorn Branch: Darlington County. The entire stream tributary 1968. to Black Creek, Class A. Filed August 7, 1972. I!tracoastal Waterway: Charleston County. That portion of the Kings Creek: Newberry County. The entire stream tributary to waterway from South Edisto River to S.C.L. Railroad Bridge over Enoree River, Class B. Filed October 14, 1955. Siono River, Class SA. From the S.C.L. Bridge over Stono River Lake Greenwood: Creenwood, Laurens, Newberry Counties. through Charleston Harbor to Ben Sawyer Bridge, Class SC. From Tihe entire lake on Saluda River. Class A. Filed November 26, Ben Sawyer Bridge to South Santee River, Class SA. Filed March 11963: I5. 1968. Lake Lanier: Greenville County. The entire lake on Vaughn Irene Creek: Cherokee County. See Beaverdam Creek in (Cher- Creek, Class A. Filed January 24, 1972. kree County). 505 E-161 H 61-69 hiEALTru & ENVIRON. COrTROL DEPTr. tHEALTH & ENVIRON. CONTRaL DEPT. R 61-69 Lake Marion: Berkeley. Clarendon, Sumter and Orangeburg Little Lynches River (also called Lynches Creek): ancaster and Counties. The entire Lake, Class A. Filed March 15, 11968. IKershaw Counties. The entire stream tributary to Lynches River, Lake Mouhrie: Berkeley County. The entire lake. Class A. Filed Class B. Filed November 24. 1953; June 8, 1956 and August 7, March 15, 1968. 1972. Lake Murray: Newberry, Lexington, Saluda and Richland Coun- Little Pee Dee River: Dillon County. That portion of the stream ties. The entire lake on Saluda River, Class A. Filed September 7, from its headwaters to Ropers Mill Branch, Class A. Filed August 1971. 7, 1954. From Ropers Mill Branch to S.C. 41, Class B. Filed Lake Swamp (Lake City, also called Lynches Lake): Florence and August 7, 1972. From S.C. 41 to Lumber River, Class A; From the Williamsburg Counties. That portion to the developed swimming junction of the Lumber River to its confluence with the Great Pee area. Class A (swamp). Filed June 8, 1956. From the developed Dee, Class A. Filed June 8, 1956. swimming area to Lynches River, Class B (swamp). Filed August 7, Little Pine Tree Creek: Kershaw County. That portion of the stream above Wateree Mill Pond, Class A. Filed January 18, 1957. Lake Swamp: Darlington and Florence Counties. The entire From Wateree Mill Pond to Big Pine Tree Creek, Class B. Filed stream tributary to Sparrow Swamp, Class B (swamp). Filed Au- August 7, 1972. gust 7, 1972. Little River: Abbeville and McCormick Counties. The entire Lake Wylie: York County. The entire lake on Catawba River, stream tributary to Clark Hill Reservoir. Class B. Filed March 24, Class A. Filed September 7, 1971. 1955; May 26, 1955 and August 7, 1972. Langston Creek (formerly Unnamed Creek which enters Reedy Little River: Farifield County. The entire stream tributary to River 1 �i miles above Long Branch): Greenville County. The Broad River, Class B. Filed January 21, 1954 and August 7, 1972. entire stream tributary to Reedy River, Class B. Filed August 7, Little River: Laurens and Newberry Counties. The entire stream 1972. tributary to Saluda River, Class B. Filed October 14. 1955 and Laurel Creek: Greenville County. The entire stream tributary to August 7, 1972. Kereedy River, Class B. Filed November 7, 1956. Little River: Oconee County. Entire stream tributary to Lake Lawsons Fork Creek: Spartanburg County. The entire stream Keowee, Class B. Filed August 1, 1955. tributary to Pacolet River, Class B. Filed Atugust 7, 1972. Little Salkehatchil River: Bamberg and Colleton Counties. The Lemon Creek: Bamberg County. The entire stream tributary to entire stream in Bamberg County, Class B. Filed August 7, 1972. Little Salkahatchie River, Class B (swamp). Filed August 7, 1972. he entire stream in Colleon Couny ribuary o Salehahie Lightwood Knot Creek: Lexington County. The entire stream Itver, Class A. Filed November 5, 1955. t ributary to North Fork dio Riverngton Countylass A. Filed October 14eam Little Saluda River: Saluda County. The entire stream tributary tributary to North Fork Edisto River, Class A. Filed October 14, to Lake Murray, Class B. Filed August 7, 1972. '955. to Lake Murray, Class B. Filed August 7, 1972. 1055. Lilmerstone Creek: Cherokee County. The entire stream tributary Little Sandy River: Chester County. The entire stream tributary to Broad River, Class B. Filed August 7, 1972. lo Sandy River, Class A. FiledJanuary 22, 1959. Little Boggy Swamp: Darlington County. The entire stream Little Thicketty Creek: Cherokee County. The entire stream tributary to Big Boggy Swamp, Class A. Filed August 7, 1972. tbutarylo Thicketty Creek, Class B. Filed August 7, 1972. Little Fork Creek: Chesterfield County. See West Fork in (Ches- Iong Cane Cree: Abbevill and cCormick Counties. The terfitld Co rfity). entire stream tributary to Clark Hill Reservoir, Class B. Filed biblterfr enel Creek: Andersoieldn County). T h e. entire streM arch 24, 1955; M a y 26, 195 5 and Augus t 7, 1972. little Cencrostee Creek: Anderson County. The entire stream l.udlow Branch: McCormick County. The entire stream tributary tributary to Savannah River, Class B. Filed August 7, 1972. to Clark Hill Reservoir, Class B. Filed August 7, 1972. little Ilorsae Ciek: Aiken County. That portion above Clearwa- lumber River: Marion, Dillon and Horry Counties. The entire tcr Damn, Class A . Filed November 25, 1957. From Clearwater stream tributary to Little Pee Dee River, Class A. Filed June 8, Damn to !orse Cleek, Class B. Filed August 7, 1972. 1956 E-162 s0z R 61-69 HEALTH & ENVIRON. CONTROL DEI. IALTH & ENVIRON. CONTROL DPTr. Lynches Lake. Florence and Williamsburg Counties. See L ake Muddy Creek: Williamsburg and Florence Counties. The entire Swamp in (Florence and Williamsburg Counties). stream tributary to Clarks Creek. Class B (swamp). Filed August 7, Lynches River. Chesterfield. Lee, Lancaster, Kershaw, Darling. 1972. ton, Sumter and Florence Counties. The entire stream tributary to Murrells Inlet: Georgetown County. The entire inlet tributary to Pee Dee River, Class B. Filed July 12, 1963 and August 7. 1972. Atlantic Ocean, Class SA. Filed March 15, 1968. Mad Dog Branch: Pickens County. The entire stream tributary McAlpine Creek: Lancaster County. The entire stream tributary to Georges Creek, Class B. Filed June 28, 1954. to Sugar Creek, Class B. Filed August 7, 1972. Maple Creek: Spartanburg County. The entire stream tributary McCord Creek: Abbeville County. The entire stream tributary to to South Tygcr River, Class B. Filed August 7, 1972. Long Cane Creek, Class B. Filed March 24, 1955. Maple Swamp: Dillon County. The entire stream tributary to McIntosh Mill Stream: Darlington County. The entire stream Little Pee Dee River, Class B (swamp). Filed August 7, 1972. tributary to Black Creek, Class A. Filed August 7, 1972. Martin Creek: Oconee County. The entire stream tributary to Naked Creek: Marlboro County. The entire stream tributary to Hartwell Reservoir, Class B. Filed August 7, 1972. Pee Dee River. Class A. Filed June 8, 1956. May River: Beaufort County. The entire stream tributary to New Chehaw River; Colleton County. The entire stream tribu- Calihogue Sound, Class SA. Filed November 5, 1955. tary to St. Helena Sound, Class SA. Filed March 15, 1968. Meings Creek (also called Meng Creek): Union County. The Newman Swamp: Darlington County. The entire stream tribu- entire stream tributary to Broad River, Class B. Filed February 24, tary to Sparrow Swamp, Class B (swamp). Filed August 7, 1972. 1953 and August 7, 1972. New River: Beaufort and Jasper Counties. The entire stream Middle Tyger River: Spartanburg and Greenville Counties. The tributary to Ahiantic Ocean, Class SB. Filed November 5, 1955. entire stream tributary to North Tyger River, Class B. Filed August are~ 7,~ 1972.~~ ~Ninety Six Creek: Greenwood County. The entire stream tribu- August 7, 1972. tary to Wilson Creek, Class B. Filed October 5, 1953 and August Mill Branch: Orangeburg County. The entire stream tributary to 7 1972 North Fork Edisto River, Class B. Filed February 16, 1956. No Ceek: Abbevlle County. The ente team tbutay to Mill Creek: Cherokee County. The entire stream tributary to Norris Creek: Abbeville County. The entire stream tributary to Mill Creek: Class B. Filed Augustream tributary to Long Cane Creek Class B. Filed August 7, 1972. Limestone Creek, Class Bi. Filed August 7. 1972. North Fork Chatooga River: Oconee County. From North Cato- Mill Creek: Fairfield County. Headwaters to Winnsboro intake, North Fork hatoog River: con with Sounty. For th Caro- Class A. Filed April 8. 1968. From Winnsboro intake to Little lina State ine to its junction with South Fork Catga River, River, Class B. Filed August 7, 1972. Class A. Filed March 15, 1968. North Fork Edisto River: Orangeburg, Lexington and Aiken Mill Creek: Richland County. The entire stream tributary to North Fork Edisto River: Orangeburg. Lexington and Aiken ilConareek: Ri chver Clandss ACou. ntFiled February 17o 1954 Counties. From its headwaters to the Orangeburg discharge, Class A. Filed July 13., 1956. From the Orangeburg discharge to Edisto Mill Creek: Spartanburg County. The entire stream tributary to River, Class B. Filed August 7. 1972. Enoree River, Class B. Filed August 7, 1972. ill Creek: iver C ountylass B. TheFiled Augu re st ream tributary to Lae North Edisto: Charleston County. The entire stream tributary to Mill Creek: Sumter County. The entire stream tributary to Lake Atlanticbcean. Class SA. Filed February 16. 1956. Marion, Class A. FiledJanuary 24, 1972. Mine Creek: Saluda County. The entire stream tributary to Litde North Pacolet River: Spartanburg County. The entire stream Saluda River, Class B. Filed October 14. 1955. tributary to Pacolet River, Class B. Filed August 7, 1972. bMitchel Creek: Union County. The entire stream tributary to North Saluda River: Greenville County. That portion from its Fairforest Creek, Class B. Filed August 7, 1972. headwaters to S.C. 42, Class AA. Filed September 26, 1956. From Morgan River: Beaufort Coumty. The entire stream tributary to S.C. 42 to Saluda River, Class B. Filed December 9 1968. St. Ilelena Sound, Class SA. Filed November 5, 1955. North Santee River: Georgetown County. That fresh water Mud Creek: Jasper County. The entire stream between Savan- portion of the stream, Class B. Filed August 7, 1972. From U.S. nah River and Wright River, Class SB. Filed March 15, 1968. 17 to 1000 feet below the Intracoastal Waterwnvay, Class SB. From s081509 E-163 R 61-69 H1EALTr & ENVIRON. CONTROL DEer. HEALTII & ENVIRON. CONFROL DFPT. R 61-69 that point to the Atlantic Ocean, Class SA. Filed February 15, Red Bank Creek: Lexington County. The entire stream tributary 1962. lo Congaree Creek, Class A. Filed October 14, 1955. North Tlyger River: Spartanburg County. The entire stream Red Bank Creek: Saluda County. The entire stream tributary to tributary to Tyger River, Class B. Filed August 7, 1972. lMine Creek, Class B. Filed October 14, 1955 and August 7. 1972. Old Chchaw River: Colleton County. The entire stream tributary to Coinbahee River, Class SA. Filed March 15, 1968 Reedy Fork Branch: Laurens County. The entire stream tribu- * ~~~~~~~~~~~~~tary to Little River, Class B. Filed March 31, 1954 and August 7, Olive Branch: Lexington County. The entire stream tributary to a972. Duncan Creek, Class B. Filed August 7, 1972. Counties. he entire Pacolet River: Spartanburg. Union and Cherokee Counties. The srea ribuaver Greenville and Laurens Counties. The entre entire stream tributary to Broad River, Class B. Filed January 26, ribuary o ako reenwood Class B. Fed August 7, 1972 and August 7, 1972. 1972. Panther Creek: Marlboro County. The entire stream tributary to Rices Creek: Pickens County. The entire stream tributary to Beaverdam Creek, Class B. Filed June 8, 1956. Twelve Mile Creek, Class B. Filed August 7, 1972. Park Creek: Abbeville County. The entire stream tributary to Richardson Branch: Allendale County. The entire stream tribu- Little Pee Dee River, Class B. Filed August 7, 1972. tary to Coosawhatchie River, Class B. Filed August 7, 1972. Pee Dee River: Chesterfield, Dillon, Marlboro, Darlington and Rocky Creek (Cedar Creek Lake): Chester, Fairfield and Lancas- Florence Counties. The entire stream tributary to Winyah Bay, ter Counties. The entire lake on Catawba River, Class A. Filed Class B. Filed May 26, 1953 and August 7, 1972. September 7, 1971. Peoples Creek (aLso known as Gaffney Creek and Town Creek): Rocky Creek (also called Rock Creek): Greenwood County. The Cherokee County. The entire stream tributary to Broad River, entire stream tributary to Coronaca Creek, Class B. Filed August Class B. Filed August 7, 1972. 7, 1972. Pleasant Meadow Swamp: Horry County. The entire stream Rocky Creek: McCormick County. The entire stream tributary to tributary to Lake Swamp, Class B (swamp). Filed August 7, 1972. Hlard Labor Creek, Class B. Filed May 26, 1955 and August 7, Pocotaligo River: Sumter and Clarendon Counties. The entire 1972. stream tributary to Black River, Class B (swamp). Filed June 8, Rocky River: Anderson and Abbeville Counties. The entire 1956. stream tributary to Savannah River, Class B. Filed January 27, Polk Swamp: Dorchester and Orangeburg Counties. The entire 1956 and August 7, 1972. stream tributary to Edisto River, Class B (swamp). Filed February Rosemary Creek: Barnwell County. The entire stream tributary 16. 1956. to Salkehatchie River, Class B. Filed August 7, 1972. Port Royal Sound: Beaufort County. The entire sound tributary Saint Helena Sound: Beaufort and Colleton Counties. The to Atlantic Ocean, Class SA. Filed November 5, 1955. entire sound tributary to Atlantic Ocean, Class SA. Filed March Providence Creek: Cherokee County. That portion of the stream 15, 1968. below County Road 793 to Cherokee Creek, Class B. FiledJanuary Salkehatchie-Combahee River: Barnwell, Bamberg, Allendale, 24. 1964. Colleton'1lampton and Beaufort Counties. From headwaters to Pyc Branch: Florence County. The entire stream tributary to salt water intrusion, Class A. From salt water intrusion to St. Jeffries Creek, Class B. Filed August 7, 1972. fllelena Sound, Class SA. Filed November 5, 1955. Rabon Creek: Laurens County. The entire stream tributary to Salt Water Creek (Fields Cut): Jasper County. See Fields Cut in Lake Greenwood, Class B. Filed March 31, 1954. Ramsey Creek (Hemedy Creek): Oconee County. See Hemedy Ramlse y Creek (Hemedy Creek): Oconee County. See Hemedy Saluda River (Main Stem): Greenville, Pickens, Anderson, Abbe- Cre ek in (Ocon Be uounnty). ville, Laurens, Greenwood, Newberry, Saluda, Lexington and Rich- Ramshorn Creek: Beaufort County. The entire stream between [ and Coulnies. lTe entire stream tributary to Congaree River, New River and Cooper River, Class SA. Filed November 5, 1955. Class B. Filed October 5, 1953 and October 14, 1954. 510 511i E-164 It 61-69 IIEALi11 & ENVIRON. CONTROL DEPT. R 61-9 Saluda Lake: Greenville County. The entire lake on Saluda Sawneys Creek: Fairfield and Kershaw Counties. The entire River, Class A. FiledJanuary 24, 1972. stream tributary to Wateree River, Class B. Filed August 7, 1972. Sampit River: Georgetown County. From the headwaters to salt Schewbough Branch (also called Skeebo Branch): Horry County. water intrusion, Class B (swamp). Filed August 7, 1972. From salt The entire stream tributary to the North Carolina Line, Class B water intrusion to Winyah Bay, Class SC. Filed June 8, 1956. (swamp). Filed August 7, 1972. Sand Creek: Fairfield County. The entire stream trbutary t Scott Creek: Newberry County. The entire stream tributary to Jackson Creek, Class A. Filed April 8, 1968. Bush River. Class B. Filed August 7, 1972. Sand Creek: Laurens County. The entire stream tributary to Scouter Creek: Lexington County. The entire stream tributary Duncan Creek, Class B. Filed August 7, 1972. to Congaree Creek, Class A. Filed October 14, 1955. Sanders Creek: Kershaw County. The entire stream tributary to Second Creek: Lexington County.The entire stream tributary to Wateree River, Class A. Filed January 18, 1957. First Creek, Class A. Filed October 14, 1955 Sanders Branch: Hampton County. The entire stream tributary Second Mill Pond: Sumter County. From S.C. Hwy. 380 to the to Coosawhatchie River, Class B (swamp). Filed August 7, 1972. Dam, Class A. Fil December 22. 1972. Sandy River: Chester County. From ada through the Shanklin Creek: Anderson County. The entire stream tributary Chester Reservoir, Class A. Fil ed J anua ry 22, 1959. From the to Three and Twenty Mile Creek, Class B. Filed August 7, 1972. Chester Reservoir to a point 100 yards above Bear Creek, Class B. Shaver Creek (also called Cheves Creek): Edgefield County. Filed August 7, 1972. From this point to Broad River, Class A. From its headwaters to Georgia and Florida Railroad, Class A. Filed Jauary 22, 1959. From the Railroad to its junction with Stevens Creek, Class B. Santee River (North & South): Berkeley, Charleston and FiledJuly 7, 1955. Georgetown Counties. See North Santee River and South Santee Shaw Creek: Aiken and Edgefield Counties. The entire stream River in (Berkeley, Charleston and Georgetown Counties). tributary to South Fork Edisto River, Class A. Filed July 7, 1955 Santee River: Clarendon, Berkeley, Williamsburg and George- and Februaly 16, 1956. town Counties. That portion of the stream below Lake Marion to Shell Creek: Laurens County. TIe entire stream tributary to the North and South Santee Rivers, Class B. Filed August 7, 1972. Bush River, Class B. Filed August 7, 1972. Santee River: Calhoun and Sumter Counties. From junction of Shem Creek: Charleston County. The entire stream tributary to Congaree anid Wateree Rivers to Lake Marion, Class A. Filed Charleston Harbor, Class SC. Filed March 15, 1968. March 15, 1968. Silver Brook Creek: Anderson County. See Cemetery Creek in Savannah Creek: Bamberg and Colleton Counties. The entire (Anderson County). stream tributary to Salkehatchie River, Class B. Filed August 7, Six Mile Creek: Lexington County. The entire stream tributary 1972. to Congaree Creek, Class B. Filed August 7, 1972. Savannah River: Abbeville, Allendale, Anderson, McCormick, Skeebo Branch: Horry County. See Schewbough Branch in Edgefield, Barnwell, Hampton, Aiken and Jasper Counties. From (Horry County). Lake llartwell through Clark Hill Lake, Class A. Filed March 15, Smith Branch: Richland County. The entire stream tributary to 1968. From Clark Hill Dam to Ft. Pulaski, Class B. Filed March 15, Broad River, Class B. Filed August 7, 1972. 1968 and August 7, 1972. From Ft. Pulaski to Atlantic Ocean, South Edisto River: Charleston and Colleton Counties. The Class A. Filed lMarch 15, 1968. entire stream tributary to Atlantic Ocean, Class SA. Filed February Sawmill Branch: Dorchester and Berkeley Counties. The entire 16, 1956. stream tributary to Dorchester Creek, Class B. Filed August 7, South Fork Edisto: Edgefield, Aiken, Barnwell, Orangeburg and 1972. Bamberg Counties. That portion from its headwaters to U.S. 1, Sawney Creek: Abbeville and McCormick Counties. The entire Class B. From U.S. I to �4 mile above S.C.L. Railroad, Class A. stream tributary to Little River, Class B. Filed August 7, 1972. Filed July 13, 1956. From 3�4 mile above the Railroad to its 512 E-165 R 61-69 HlEACrll & ENVIRON. CONTROL DEPT. IIEALTIn & ENVIRON. CONrROL DErT. R 61-69 junction with North Fork Edisto River, Class B. Filed January 20, Sweetwater Branch: Edgefield County. The entire stream tribu- 1960. tary to Stevens Creek, Class A. Filed December 12, 1966. South Pacolet River: Spartanburg County. The entire stream Swift Creek: Kershaw and Sumter Counties. The entire stream tributary to Pacolet River, Class B. Filed April 7, 1953. tributary to Wateree River, Class A. Filed January 18, 1957. South Saluda River: Greenville County. That portion from its Tailrace Canal: Berkeley County. From Lake Moultrie power headwaters through Table Rock Cove, Class AA. From the Cove plant to Moncks Corner. Class A. Filed March 15, 1968. to the junction with North Saluda River, Class B. Filed April 17, Thicketty Creek: Cherokee County. That portion of the stream 1953. below the Cowpens discharge tributary to Broad River, Class B. South Santee River: Georgetown, Berkeley and Charleston Filed August 7, 1972. ' Counties. That fresh water portion, Class B. Filed August 7, 1972. Thompson Creek: Chesterfield County. The entire stream tribu- From U.S. 17 to 1000 feet below the Intracoastal Waterway, Class tary to Pee Dee River, Class B. Filed June 8, 1956 and August 7, SB. From that point to the Adantic Ocean, Class SA. Filed 1972. February 15, 1962. Three Creeks: Marlboro County. The entire stream tributary to South Tyger River: Spartanburg and Greenville Counties. The Pee Dee River, Class A. Filed June 8, 1956. entire stream tributary to Tyger River, Class B. Filed April 7, 1953 Timouthy Creek: Newberry County. The entire stream tributary and August 7, 1972. to Bush River, Class B. Filed August 7, 1972. Spain Creek: Greenville County. The entire stream tributary to Saluda River, Class B. Filed August 7, 1972. Tyger River, Class B. Filed August 7, 1972. Sparrow Swamp: Lee, Darlington and Florence Counties. The entire stream tributary to entire stream tributary to Lynches River, Class B (swamp). Filed Fishing Creek, Class A . FiledJanuary 22, 1959s Steel Creek: York CoAugustream, 1972. tributarytoSToby Creek: Barnwell County. The entire stream tributary to Stee Cre Yor County. The entire stream tributary to Sugar Salkehatchie River, Class B. Filed August 7, 1972. Stevens Creek: McCormick and Edgefield Counties. The entire Lile Lynch LancaRiv er, Class B. Filed August 7, 1972 entire stream tributary to Lynches River, Class B. Filed August 7, 1972 stream tributary to Savannah River, Class B. Filed August 7, 1972. Toms Creek: Lexington County. The entire stream tributary to Stitt Branch: Fairfield County. The entire stream tributary to Congaree River, Class A. Filed October 14, 1955. Jackson Creek, Class A. Filed April 8, 1968. Town Creek: Cherokee County. See Peoples Creek in (Cherokee Stono River: Charleston County. That portion extending east- County). ward to S.C.L. Railroad bridge, Class SA. From the S.C.L. bridge C eountire stam tibuta to to Abbapoola Creek, Class SC. From Abbapoola Creek to Folly Town Creek: ershaw County The entre stream tbury to River, Class SA. Filed MAugust 7, 1972. Stuatt Creek: Fairfield County. The entire stream tributary to Town Creek Pickens County The entire stream tributary to Jackson Creek, Class B. Filed January 21, 1954 and August 7, Twelve Mile Creek, Class B. Filed June 28, 1954 and August 7, 1972. 1972. Sugar Creek: York and Lancaster Counties. The entire stream Trenchards Inlet: Beaufort County. The entire inlet tributary to tributary to Catawba River, Class B. Filed August 7. 1972. Atlantic Ocean, Class SA Filed November 5 1955 Summerhouse Branch (Bartons Swamp and Johnsons Swamp); Iugaloo River: Oconee County. From Tugaloo Dam to Lake Williamsburg and Georgetown Counties. See Bartons Swamp and Hartwell, Class A. Filed March 15, 1968. Johnsons Swamp in (Williamsburg and Georgetown Counties). Turkey Creek: Barnwell County. That portion through Fuller Swamp (near North, S.C.): Orangeburg County. The entire Park, Class A. Filed November 5, 1955. From Fuller Park to stream tributary to North Fork Edisto River, Class B (swamp). Salkehatchie River, Class B. Filed August 7, 1972. Filed August 7, 1972. Turkey Creek: Chester and York Counties. The entire stream 514 E-1515 R 61-69 IkALTU 8i E&NVtItON. CONTROL De'r~. hEALTH & ENVIRON. CONTROL DEPT. R 61-69 tributary to Broad River. Class B. Filed November 3, 1953 and Wadmalaw River: Charleston County. Thle entire stream tribu- Augubt 7. 1972. tary to North Edisto River, Class SA. Filed March 15. 1968. Turkey Creek: Edgefield and McColmick Counties. The entire Wadmalaw Sound: Charleston County. The entire sound tribu- stream tributary to Stevens Creek, Class B. Filed July 7, 1955 and tary to Wadmalaw River, Class SA. Filed March 15, 1968. August 7, 1972. Walker Branch: Fairfield County. The entire stream tributary to Turkey Creek: Greenwood County. The entire stream tributary Dutchmans Creek, Class B. Filed August 7, 1972. to Saluda River, Class B. Filed August 7. 1972- Wando River: Charleston and Berkeley Counties. The entire Turkey Quarter Creek: Lancaster County. The entire stream stream tributary to Cooper River at Charleston Harbor, Class SB. tributary to Bear Creek, Class B. Filed November 24, 1953 and Filed March 15, 1968. August 7. 1972. Wappoo Creek: Charleston County. The entire stream tributary Twelve Mile Creek: Lexington County. That portion from its to Stono River, Class SC. Filed August 7, 1972. headwaters to S.C. 6, Class A. Filed October 14, 1955. From S.C. Warrior Creek: Laurens County. The entire stream tributary to 6 to Saluda River, Class B. Filed August 7, 1972. Enoree River, Class B. Filed August 7, 1972. Twelve Mile Creek: Piclkens County. The entire stream tributary Wateree Lake: Fairfield. Kershaw and Lancaster Counties. The to Lake Hartwell, Class B. Filed October 14, 1955. entire lake on Catawba-Wateree River, Class A. Filed September 7, Twenty-Five Mile Creek: Kershaw County. The entire stream 1971. tributary to Wateree River, Class A. Filed January 18, 1957. Watts Mill Branch: Laurens County- The entire stream tributary Twenty-Six Mile Creek: Anderson County. The entire stream to Little River, Class B. Filed August 7, 1972. tributary to Lake Hartwell. Class B. FiledJune 29, 1953. West Fork (also called Little Fork Creek): Chesterfield County. Twenty-Three Mile Creek: Anderson County. The entire stream The entire stream tributary to East Fork or Fork Creek, Class B. tributary to Lake Hartwell, Class B. Filed June 29, 1953 and Filed August 7, 1972. August 7, 1972. Whale Branch: Beaufort County. The entire stream between Tyger River (Main Stream): Spartanburg, Union and Newberry Broad River and Coosaw River, Class SA. Filed November 5, Counties. The entire stream tributary to Broad River, Class B. 1955. Filed August 7. 1972. White Oak Creek: Kershaw County. The entire stream tributary Unnamed Creek: Greenville County. The Unnamed Creek which to Wateree Lake, Class A. Filed January 18 1957. enters Reedy River on the west bank 1 1/4 miles below Conestee White Oak Creek: Marion County. The entire stream tributary Lake, Class B. Filed August 7. 1972. to Pee Dee River Swamp, Class B (swamp). Filed August 7, 1972. Unnamed Creek: Greenville County. See Langston Creek in Whitner Creek: Anderson County. The entire stream tributary (Greenville County). to Big Generostee Creek, Class B. Filed August 7, 1972. Unamed Creek: Oconee County. Which enters Little River at Wildcat Creek: Richland County. The entire stream tributary to Newry, Class B. Filed May 24, 1954. Gills Creek, Class A. Filed February 17, 1954. Unnamed Creek: Union County. Which originates in Jonesville Wildcat Creek: York County. The entire stream tributary to and flows north-northeast to Mtill Creek, Class B. Filed August 7, FishingCreek, Class B. Filed August 7. 1972. 1972. Wilkerson Creek: Aiken County. From its headwaters to the Vaughn's Creek: Greenville County. The entire stream tributary Aiken discharge, Class A. Filed November 25, 1957. From the to Lake Lanier, Class AA. Filed April 7, 1953. Aiken discharge to Horse Creek, Class B. Filed August 7, 1972. Waccamaw River: Horry and Georgetown Counties. That por- Wilson Creek: Anderson and Abbeville Counties. The entire tion from headwaters to Conway discharge, Class A (swamp). Filed stream tributary to Rocky River, Class B. Filed August 7, 1972. June 8. 1956. From the Conway discharge to Winyah Bay. Class A. Wilson Creek: Greenville County. The entire stream tributary to Filed March 15, 1968. Durbin Creek, Class B. Filed August 7, 1972. 516 517 6S~~~~~~~~16 ~67 E167 � 4 R 61-69 HEALTH & ENVIRoN. CON. C ROL DEPT. HEALTiH & ENVIRON. CONIROL DEPT. R 61-70 Wilson Creek: Greenwood County. The entire stream tributary a Governmental Unit or Agency by the State Board of Health to to Saluda River. Class B. Filed August 7, 1972. operate a waste disposal system for the disposal of refuse (solid Windy l1ill Creek: Barnwell and Bamberg Counties. The entire waste). stream tributary to South Fork Edisto River, Class B. Filed Febru- e. "Person or Governmental Unit or Agency" means the State ary 16, 1956. or any agency thereof, any municipality, political subdivision, Winyah Bay: Georgetown County. The entire bay tributary to public or private corporation, individual, partnership, association Atlantic Ocean, Class SC. FiledJune 8, 1956. or other entity and includes any officer or governing managing Wolf Creek: Pickens County. The entire stream tributary to body of any municipality, political subdivision, or public or private Twelve Mile Creek, Class B. Filed August 7, 1972. corporation Wright River: Jasper County. The entire stream tributary to f. "Sanitary Landfill" means a method of disposing of refuse Atlantic Ocean, Class SB. Filed November 5, 1955 (solid waste) on land without creating pollution, nuisances, envi- ronmental threats or hazards to public health and safety. Zekial Creek: Cherokee County. From headwaters to its intersec- ronmental threats or hazard s to public health and safety. tion with S.C. Highway #110, Class B. Filed March 8, 1966. A. Any new system for the disposal of refuse (solid waste) shall 61-70. Sanitary Landdfil Design, Construction and Operation. require a written permit immediately upon adoption of this regula- tion by the State Board of Health. (Promulgated pursuant to � 44-1-140(11) of the 1976 Code; tionbytheStateBoardofHeth filed in the office of the Scretary of State on September 29; B. Beginning July 1, 1972, no system for land disposal of refuse iled1971.) in the ofce of the Secretary of State on September(solid waste) shall be operated in South Carolina without a written 1. General: Section 9 of the General Appropriations Act 1971- permit issued by the State Board of Health. 72 defines the South Carolina State Board of Health, hereafter C. The State Board of Health may issue a special permit for referred to as the State Board of tlealth, as being "the agency of disposal of essentially inert materials which do not contribute to State Government having jurisdiction over those matters involving pollution and which do not create vector problems or public real or potential threats to the health of the people of South Caiolina, including the handling and disposal of garbage and D. Applications for permits shall be provided by the State Board refuse; ..". If properly operated, the sanitary landfill shall be of Health and shall be submitted with sufficient detail to support a considered an acceptable means of meeting requirements of the judgement, that operation of the disposal system will not violate following minimum standards, until more satisfactory methods can the Acts or Regulations of the State of South Carolina. be developed by research. Site design, construction and operation IV: Open Dumps: All open dumps are prohibited. will be enforced through frequent inspections by State Board of V. Sanitary Landfill: While a sanitary landfill is possible on Health authorized personnel. nearly all topographies, some land formations present more diffi- II. Definitions as used in these regulations are as follows: culties than others. Because topographical considerations make a. "Refuse, includes all foreign substances and pollutants apart each sanitary landfill somewhat different, it would be impossible to from those 'flowing from streets and sewers' and passing there- delineate the technique required by every potential configuration. from in a liquid state into the watercourse." [Reference: United However, sanitary landfills shall meet the following minimum States vs. Standard Oil Company 384 U. S. 244, 1 ENVIRON- standards as set forth in this regulation. MENTAL REPORTER 1033 (1966).1 This also includes hazardous A. Site Location Requirements. The disposal location site shall: waste, garbage, and any other solid waste not flowing from streets i. be easily accessible to collection vehicles, private autos, and and sewers and passing therefrom in a liquid state. where applicable, transfer vehicles; b. "Leachate" means any liquid that has percolated through or 2. prevent water pollution originating from the disposal of from refuse (solid waste). refuse (solid waste); c. "Open Dump" means a land disposal site for refuse (solid 3. have an adequate quantity of acceptable earth cover. The waste) which does not qualify as a sanitary landfill. cover material should be easily workable and compactible. d. "Permit" means written authorization granted to person(s) or should be free of large objects that would hinder compaction, 518 519 E-168 R 6t-70 HitALrH & E . D. ENVRON. CONTROL DEP'. I ENROL. CONTROL DEPr. R 61-70 and shall not contain organic matter conducive to the harbor- the site being discharged; special drainage devices if necessary; age and/or breeding of vectors or nuisance animals; fencing (permanent and portable) and proposed utilities; employee 4. conform with the surrounding environment; facilities; and all other pertinent information to clearly indicate the 5. conform with future development of the area. orderly development, operations and completion of the sanitary B. Site Design. The sanitary landfill plans and engineering landfill. report shall bear the signature of and shall be submitted by a C. Operational Features and Appurtenances. The disposal site professional engineer, registered to practice in the State of South shall be provided with operational features and appurtenances Carolina. The above, which constitutes a request for a permit to necessary to maintain a clean and orderly operation. These mini- construct and operate a sanitary landfill, shall include the follow- mum features are: ing: 1. operational plans to direct and control the use of the site; 1. Map or aerial photograph of the area showing land use and 2. fencing of the site to control access; zoning within V4 mile of the solid waste disposal site. The map or 3. an all-weather access road to the site; in some cases it may be aerial photograph shall be of sufficient scale to show all homes, more economical to provide a temporary landfill area adjacent to schools, churches, commercial and industrial buildings, recrea- an all-weather road for indement weather operation; tional areas, wells. watercourses, dry runs, rock outcroppings, 4. signs indicating traffic flow, hours of operation, and charges roads and other details and shall indicate the general topography. for disposal (if any); 2. Plot plan of the site showing dimensions, locating of soil 5. any refuse accumulation at the entrance during unattended borings. proposed trenching plan or original fill face, area or ramp method, cover stock pies, surface and ground water drainage hours shall be removed on the morning of the next working day; nmethod, cover stock piles, surface and ground water drainage ditches and fencing. Cross sections shall be included on the plot 6. vector control measures shall be instituted whenever neces- plan or on separate sheets showing both the original and pro- sary. Domestic animals shal be excuded from the site and proper posed fill elevations. The scale of the plot plan should not be control measures shall be taken to exclude wildlife; greater than 200 feet per inch. 7. open burning is prohibited on the landfill site. S. The engineering report accompanying the plans should indi- D. In order to provide a suitable staff to man and operate the cate: site, the following is required: a. population and area to be served by the proposed site; 1. Whatever staff deemed necessary by the State Board of b. anticipated type, quantity and source of refuse (solid waste) Health to implement sanitary landfill operations; to be disposed of at the site; 2. Potable water on or near the site (coolers acceptable if public c. geological formations and groundwater elevations to a depth water lines are not available); of at least 10 feet below proposed excavations and lowest 3. Sanitary toilet on or near the site. elevation of the site. Such data shall be obtained by soil E. Equipment. The operation of a sanitary landfill depends on borings and other appropriate means; mechanical equipment. To assure adequate operation the follow- d. source'and characteristics of cover material; ing are required: e. observation test wells which will reveal reliable data on 1. equipment or adequate contractual arrangements for equip- groundwater contamination where deemed necessary by the ment sufficient for excavating, earth moving, spreading, compact- State Board of Health; ing, and covering operations; f. provisions to prevent leachate from entering surface or 2. sufficient reserve equipment, or arrangements to provide groundwater. alternate equipment within 24 hours following equipment break- 4. The engineering plans shall include one or more topographic down; maps at a scale of not over 200 feet to the inch. Contour intervals 3. safety devices on equipment to shield and protect the opera- shall not exceed 10 feet. These maps shall show: the proposed fill tors from potential hazards during operation; area; any borrow area; access roads; grades for proper drainage of 4. shelter for maintenance and storage of parts, equipment and each lilt required and a typical cross section of a proposed lift on tools; s20 521 E-169 0~ 0 . R 61-70 HEALtl 1; ENVIRON. CONTROL DEPT. !IEALTH! & ENVIRON. CONTROL DEPF. R 61-70 5. equipment to extinguish fires or arrangements to provide for of a well-graded soil cover, compacted and graded, will fire protection. usually fulfill the requirements of final cover. In some cases, F. Construction. Certain operations must be included to per- where other soils are used or -where trees are planted, form the basic functions and objectives of a sanitary landfill. additional cover may be necessary. Suitable plantings, (grass. i. General trees, etc.) shall be provided to help minimize erosion and surface deterioration. Final cover shall be placed over any a. Controlled access to the site must be maintained to keep completed section of the fill within one (1) week following unauthorized persons out. Access to the site shall be limited the placement of refuse (solid waste) within that portion; to times when an attendant is on duty. h. the grade of the final cover shall drain the surface run-off b. Blowing paper shall be controlled. The entire area shall be water to predeternined points in the drainage system to policed as may be necessary to remove accumulations, prevent ponding. For this reason, it is best to slightly overde- c. Salvaging and scavenging shall not be allowed at working face sign initial grades so that when settlement occurs the surface of sanitary landfill at anytime. will be suitable for good drainage. d. Conditions unfavorable for the habitation and production of 3. Special Handling insects and rodents shall be maintained by carrying out a. There shall be no disposal of waste sludges, oils, chemicals sanitary landfill operations promptly. and liquids without prior approval by the State Board of 2. Landfilling Health who will give special consideration to: probability of a. supervision shall be continuously available to coordinate the water pollution; odors; and the health and safety of em- unloading activities; ployees. Appropriate provisions shall be made for the han- b. special provisions shall be made for vehicles being unloaded dling of these waste materials. by hand so that there is no impairment to the flow of b. Hazardous refuse disposal requests shall be made to the mechanically unloading vehicles; State Board of Health and approval must be obtained prior c. a sloped working face shall be confined to as small an area as to the incorporation of these materials into the sanitary the equipment can safely and efficiently operate; a minimum landfill. slope of 3:1 is suggested; c. Large bulky items shall be reduced in volume and covered d. the refuse (solid waste) shall be spread and compacted in . daily. If necessary for efficient operation, separate areas on thin layers not to exceed 2 feet prior to compaction. The the site may need to be designated solely for the disposal of number of layers incorporated into a cell is dependent upon bulky items, but even in separate areas daily cover is re- the design and configuration of the site; quired. e. all elfuse (solid waste) shall be covered daily with a minimum 4. Supervision and Inspection of six (6) inches of soil after compaction. Daily cover has a. Supervision of the operation shall be the responsibility of a three main functions; to provide vector and rodent control, qualified individual who has experience in the operation of a to provide fire breaks between cells, and to offer an aesthet- sanitary landfill. rally pleasing site at the end of the day's operation; b. RQutine inspection and evaluation of landfill operations will f. intermediate cover shall be applied where the surface will be be 'made by a representative of the State Board of Health. A exposed more than thirty (30) days. (Final cover, not interinne- notice of any deficiencies, together with any recommenda- diate, should be used If future fill is not planned within a tions for their correction, will be provided to the owner or period of one (I) year). Compacted thickness of graded Covernmental Agency responsible for the operation of the intermediate cover shall not be less than one (1) foot and sanitary landfill. should have characteristics comparable to those of daily c. Inspection of the completed sanitary landfill shall be made by cover; a representative of the State Board of Health, before the g. final cover shlall be applied to any surface that represents the earthmoving equipment is removed from the site. Any neces- final glade of the sanitary landfill. A minimum of two (2) feet sary corrective work shall be performed before the landfill 522 523 E-170 R 61-70 HEALT: & ENVIRON. CONTROL DEPT. project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover as required during a sufficient period to assure satisfactory land recovery and not create a health nuisance or aesthetic problems. VI. Variances: Any requests for variances to these rules and regulations must be directed in writing to, and will be considered by, the State Board of Health on an individual basis. 61-71. Wells and Springs. (Promulgated pursuant to t 44-1-140 of the 1976 Code; filed in the office of the Secretary of State on February 17. 1944.) Section 1. No water furnished to the public for domestic use from wells and/or springs shall contain bacteriological. biological. chemical. or physical impurities which may injuriously affect or tend to affect public health. Section 2. Wells: (a) All wells used as a public source of supply for domestic purposes whether dug, driven point, or drilled and cased shall be so located, constructed, and topped and the pump so attached as to prevent pollution of the well water. (b) Newly constructed and/or reconstructed wells, pumps, water pressure systems, and new piping shall be adequately steri- lized. The water shall subsequently be tested for bacterio- logical cleanliness by either the State Board of Health or a laboratory approved by the State Board of Health before such water is used. (c) Open wells and pitcher pumps are not approved. Section 3. Springs: All springs used as a public source of supply for domestic purposes shall be amply protected against pollution. The water shall be tested by the State Board of Health or by a laboratory approved by the State Board of Health before being used. E-171 524 :1~~~~~~~~~~~~~~~~~~~OIE NOTICES 2oici 131 [IA $I PyOf 120. its,d~~Jf0 W1 I.4 O.. Put47 CON100 r5ate~i N1.0- 1r l. C-~6o Al SBISt GAl 441 ln. A10.1 _1. 9.00 Hll3O6Ie OIL- A.110. 91.~i MOLD. TElldRMi A.6 Io0e0l 5vo~1 . 1dunnD.nb~U~c.- 54) Dr. Mi Ketanleul190k9 o PF.) naedd( 16.63 eaieo fUvosotlQlu ls~o,4I0,.o. P... O~ 1066. I40ud0 61 II-Qh W-loot.a001. 6 5'w 6.0.. 16-. N.nou (Dixodso.-0610 Cuumauoslonen, Of iii. Souths t~oil-fll De- U&ac. 138) "n to cm3 Part 57I �1136 111wiuo V. ollemlel c ehose O 501091 h."l00-0 I00d.) _.40 211) 6001600 of Io.J.oa6: 'Ppu19Ilo P,--d. hhda .9118100611w 15% hOflo Wq,*o- parumSent of Hlealth and Envirkunoseofl 314446 tIott~er S. 1174) and 40 I2 ISM3 Agoale ACIIapte AMR. Caed, at Iowa o .1 1..l-- 11., 109* " L " -0 2(c) .1600( pM... wtY PA1.45 Po. Ppl-Ucollo _. o n-stallr 26 .r Controd. Ille South Cinrotiso programs AN h0arei 2. 3 X i6)).1 tba 1imooraioe Staobi.t Mr.); Pastieide Act Rulm (Chapter 5. dfi-w:.ll0 lDru. )-..) 05*01.5 h . brAIN )JOI.P. I 1r1 41m -., Ur Cro1o6aulteanseglt mmloosl edsai-4fo~ltda (hptr34;n.4furrds na.24 j0llr,0.y)- l.0-I3ioo6LioOi ba'S kI 70.0 U.5.3.Ie~oo. Cp. 403 1.0 -"Wa- mid a memorauludw of Agreemneot bef- than of Commnrnetal mid Prioate Allplica- proposed Ito 115.1. and 384 19-21 1915 l Ap0..10 1pl"LAl- pn-o.dl b.60.6. 10*5%. IA.10,-k A ifopp..o. A1- twc000 South Cirofinam and Uoe, EPA Re- torM of Reftilted Hso Pesotlelde an Hoe of the Pesticides ACL of Iowa. .,.a_ 2,1.1 ni- F011.4t. . 14428 p-lo u .6.-.. a0001 1, t 11.) I100. F---- atl 3)ln IV Oaffice, 1421 Pfaolmttet Stalee. Enviraxnomidthl Protecumn Ageatev (EPA) Thle pohn tlodirtatetat, il"ts, Stage lend I,.1 P"lo 09.""N4 DUO4 "I 001. I-I0W96 1.19 J.&W S U M "-j CA NE.. Atlanta. Cleorala 303049 ftidepho" for aiporoval an a e stingetatc bsath. agency and coupleruhi hencese have or 1"'66 "'.r 0. 0... k hi 03194 0(6- WA45 0604 [10 X1 391* Pid0 OnP03. A"09.o- .4041 2-21 AU oeariloelat doca oolorealt pending promoulgation of IMPUMUNAontln will Iloee suffllelent quealified Peronnouel I EX 114Uil W11N01-0120110. A016.. lOS- 611-1-k (.'Oin60oo LX. i Ito l. 16 )oof0684-4 ApptoAl of thoe Ska1. Program fo Con-In ago available for kilmluoeo il At. the South rewidallomos RAM fuuIs nleceasary toCA MaLy ut He proa- 9909.C-,P,., �1olpfo.l Ab~y&~.0o Ol010.l MY 14146. a,-xL.,tUs1r xTRiA of Dislobtges, .1 PON~ntaint to tt"o.0igald Cao.Jip state *Cay and. W2A ftegional Notice In hereby givind Of thle kate4utiol Inurd Vagerants. The Stage funding in P,--1.6 -11. 3.) a091.101. x P9.l19(6 UO?01y S" '*. SU" 111nppuarol:oo 06. W9A P I A 5c at the addrexse gloea shove and o.f the Regionoal AdWlteo EA Re- auppoet of l"l program loc fistal yegar 1164 A U P-l pro ont. at.40 ) of (01.011 30419 Notice, lI. 610.1 lrl w thatyb. Rime 61.5 EPA Headqauxegioo It, Roam 2281. Water- Sion, VIC to approve "Aim Olt' M'. a eoni- 130.8i17.. LI5A Wit. 00.0-, A6 19113 I'UQ~ A, 0.- lilAM E0051virltlmenOlt Protection Astency has bid. Iis.l. 401 Mt Street. SW.. WAsAug fulgepb.trey -lA,. MM7 State eetlsalod thAt, 1.9011 co03- IA.O Co. 1-0 510. 5, KMlO010Uti 46AM0 P-'A flog W9. 1612 210. P---..ao A "'Ioa,,. grained the State of South Caralllna's ion. DC. 30440. A -MMwnar rof the Plan follow.- Tihe en- merefal aplplicators and 16.6101 L. 15.604 orv hl' 51100-a A05.UI..laeo nt.1 ra..- 'PU 0.1 lI&. V. na& OA 3100. Ban. ;0 requict for opro d Itsl programa for Dtred:jia 7 m $ plan, together with anl ltla-lo" ap- pdriate awiceto~rn may Aeed to he cer- .100. ~~~~~~~~~~~~o.160 .1yr-.pe~Oo- 6 A5. 100 leenAkrdl.a. .la 50ot So'7 cntoaLnin dIgeheo'ge air ,otimlltbl to Daed ule27 17. edicai many he exooshhed g51iggig 1d- filed. Wallet. she Adi,0es11e- n certill- 0010 I0%. Ado."-d La AWhl FA:*.31- F"PP1100) 0. 14-ttind Di0113111006 APPI-a ll*0101111le %atern 1.6 necordanee with the RonesTr L~ IM.19. m16111.001118 hlours at the following hod. eaton cow.aining aln naesesmez Ioformia- -a1110 W-,9L10 ..od., xi.) .1 10100181 .lI 30.-.040 00400 2(oi bI -o. P,,Y iigtlnoral Pollutanst Ilselosar, allih"oal- Acting Awonsfoaf AdooiaehforiO liona Liond will beo furniled to all apxplcatool. 1.1l09. 1.1,436 Oo :blo~ Added -00 I-1422 i15 a Ph. 4116,4030 hij _&I--fl No KPA 1.1.4 .bo tJ- LIFE- 0 0 P-kc & (a.. tift1 Syotemi tNPIIES). Pursuani1t to oeO- Jea Enjr0l,~~ a vo.-, x-I09 a..1. end ;soos Dos 60.400 to be jPresiewatltot 1 dlers kg the Hone of l'r-1t Onl on, t -o Po Di aa la". A U.N.1 OPC1 I010006-id l1-.. U -- U~ni 402(b) of tile Pelletal water Ploilu- tig'l D-752-11060 road 1-2-7.8 45 ..i I... AlOis jitatio ule. Coalol 00-11-. aie"talcsodus pesticide porcilnie. AD pea- .s-p.. e. 33601 OLWP 1' C EMKAL IqM- cia 0013Dbei-opn,- Dpt-. 215 faiobuoie tioli COostral Act, as amended (Pb. L. Ltboeu.i1 ativadns . Xaew vo.. -of00 04 icide, claaaiiled by EPA for restrctd uWe I-Das tiousk5Elt.0 apathyr #J0 A �1. Ale00 11.1t N 0500* sapo 150'13 IiI - 112-1100.6 "Stat aid, 33 U1.S C. 12.51; ithe �t01001(00.to fata 11119II WILL alec be claaolflad restrleted by Iowa. I,'"..ut~ol: ft..unnla sl's. F4-e00yl Ltiire in LO% O%) AqtIeLOOJO Act). traL Ns-N J 10... Its, 1116 jlamu- A-o. Koo.. ('Ly. TUCo State lead agerney will nailnll an f110ied. all-;oa M -5 P06-01.100 [14000- 1~O . lui Akill 5*o10atsi fti anurgal repato LaPA 001 Jo1Io earl. 143461 6)1$%. U1(1.4 1 0 0." A~Id Ito "-04liththyl klubis s y s ontem~ 90(01. 140010,1,1 at do. Nsa. ADVISORY CG#M MUTIE al480 It. sps-, VIF 4.g (ale, " ' -year and -F-ioeo report to meet wieelit. l.1010010040Io)0 (000 31 oOypngeooi ey51pep"":o Honal Pollubont AsscereEtoltlo - 50 0.lo 00.w~od 41.44 0 Pull06 J - I'wo Y1.A. 0160,S. 3.0.6.4d 0001900114 l.000.. " lunde hiachar(ha Adonl "lst ton u esreet. ofw..khoAa 41 ht fn, W.40 unaa. W.19. 40088 need soomrtlapitrcterh &PA' 1-111. at-nl 14 X..aJ 00 d -l.- 15400000. t14191 I-no Dr Can- System.baltwihteAoik4aN -&SW Wnstr- i H" M -necjamaoCOCr* (0015.01.a 1.te .. �2100j~ nadk K -d ... ((10 Akom4%; R14a(9 bnn. e ofthe uIs. Envtronmenetal Protec~lo 1h0ntion kh1011 AMIGLI~aft the Iftd40h p~oal mestato 0.6--UD. Srea~a1me- prootined are those which are lWad in 40 0o 1.010 K(0 4400d)0..6, TL6.SIUC=aI I 11106 A0.-U.6 pao,050 loy..an-w-l Agoney (EPA) mel' Iassue Dorllts for the *sNot of th Stte-Federal Water pro- nn l9iv0ln, tWitail AM),. Ofae- "lt CYRL 111-- Auaddltiloun major category A�910, Inanwitad.1 [lu-Lixao0;t 8.0-410. GA=2%; DULI-- 00~ disharge of any Pollutant. 01100, colodl- greams 1.401.00 Commolee which ha. Wng-LcO.... EPA. (01. fola 163-MI541 A L Pmpmollhe for Aerial Aippllratoms with -,0016)-. - I (hnn0hy)1 -111,Onl -U.tryi 0 U.o 11- 41ovt Apptwtk- F...8 14 Ulmn Wthat hoc inohare oleet. the alo- ben. detorooned to be in the Pulicok In- SUMN-osa or go.0. Slat.01 P0.w ubaneetamies equivalent to eneb eptwro- PkPft_-ood-l.0.O 6% 61106604 of 11op- ionk~ 24- .9 muln WA. ('5I02 Ioltcoki.hl ruualreens~ of the Act, Sect"o terest In conniection with the. perod m-"L F--101 Appil-all.n 1.0904 00400 tisI 14 LPA Fit. aPyo6.14 N3)4Mna01ixn 'i Iow Depatmea 12064. 211.3dr KP4. MAjr "oa"- s Inest Control I.--00 16.115 Puts8 (0 ~ 272 shm40.4.10 lt TX TRI 40211, provloba, tlhal ally Stage destrioog 1000 of hutles Unosedel an the US ED- 17 oalesronn .ok 141C l e4a_ E A olal-oreat,9o- P.1 4 Can~r mePAut by-bot 6).011 lWZon-oif OfY-llt0 ItewS4Y- k Tolatula-v aX- to tud-lanaitter Its own Permit parogramn lronimaamtal P-roteeton Agenoy by toe. has boon downlate as the St.,le lend CU subriategoele proposed ame as 00141..0010 4S 61051peM., Rd. Ma 1IROSMATO8. Osv 1Leon18 1.- for discaiorges lao nadvigtable waterm Theo soea of doe Comusittee Is lsndted ag8.0y foir tiMe dflthetOOfSlll f d C.1) 6(1 "Ila6 1)6-T AOl-A cal,0 Pilaf 16,-dietlll -t.~-~I6e-- within its jurasdictIon may Bublutst such go providing advice and reeononoenadi- poletickl crd lat rogrearo. Includ- ll.600090010 .4.5 - oS~hlo..plbooyooosi 014011pO.*loloU.40l, 00 719; 2.2- proocoos tn the Adealuittator It [ile Adl- 4110rgrIsgdeIatma Slt po 10 ifnorcement &cthmling,5(101 of A0ll(01P0 01 a ApFAI-ED Y~~~~~~p1 Plx-vai- 247%. mfuLrmstwor determindes Llhat (iae stat. aenon of EPA actions xndvF use Federal pocsihllde dealera. and the Coourdl~ota lO~ a 1590.ulcaalt- Wood COutoll ~~~~~~~~~~~~~~~~.."' Oa. -.1.164a 0 0.W Appka10 m60000i 066.241:adeuatea Authority to carry out ti, Wmae P~ollution Contgrol A.L IFVVPCAI. O f h l anbO~`,Bd ullike ACAiIUO*I C' Alak3ial 1100(o~n o,1e 0,11.0004 9101)0 (01 of 100180 ~ 7.10 .1.) 00lnta 025. *000 W.0100 Feqlrowo of the Act. heo shll 01011000 a0s oennded. IPul L �2-200).nu u 1."_000 0010(100 10 pro.deld regoflatln 13 Iftil1*114n Veeetab Piat C--J WoL.. Fla5. Yb4 17 0 I.00 1. ohk..~. 47 P-L, Appli-60lnl P-00..6 ,od-o 51) .9 thMutl~dporm and sospend ltil berobalp will 9.0551.9.at text, reprecalltutlvs Csprti enee nld h oa a.�1111. "~. WkfineA P1.0641 tbal-. a ..0 MY10 la-wmll D r 0009 ofPermIns aM to those mvU.lgbat sftSate water pofu"lluto 04.111 0 autcal.les loiortomeat of Etivlreoonealem QualIty I Indu.4c00 20101n. 590.6,n'ti. 113" CSHso(>% OIL TrEOSOICAL WoOD EpA Ofto N. 01.1-*- 00(00 6111 010.6 water. subiect to hxuch program. Gulde- eWd the Admilathtratar. EPA, or 111s des- 4C.Clooea Teelhnoionl Comnluxublor and (0.d Naalill 110.1.ad Past, C-Ulo I I0IATI4 01004.".0. 0.0 ftd-001 Gs. I.. M' 1000 loss. T.a.pa . F insi -ai9ciffirtgl procrolumol and othe~e illservte oo 01 ~lsre 8M L'ha1ruln I.Jid Quloity maringesonet Divilolax). A 0000004 an 19-.h10.0 Pt0 Coulool f.1WY I-1421 snaftataL.:00410210 I-itap00000 fi--thyl- at 40 CPR Part 124 (as matlended by 38 ifrailt ArgringEP the tol- LE0talhService0. D Fo-od ot 10.1011. Coot1, A k100 bll-A2 173 A-b.Dt) 6 0%. 6)060 of Sioppolt. AP. PRt 1000. July, S. 1973. saud 38 AIR 1651. peclo State planning. ounaelien.aAt Thle ChoernoaicTeel ociiody Commission, W.00s 00 341 1110)0 SI..." my011) po0I'cya. pou 41 0.00 1) l11(010.4'24. 19721. =d eguadtory programs of the Agelicy'a lb F-onosthlle for Collecting. 011a12'Ohut. The State Of Iowa Plaum to ((11Y 119151 I 11M."10101 O1. Comma0140 19- A. PsOie~l1 D17.3 oeo -40o 0 ecembier 31. 1174. South Carolluoa plans gand stralenles for haxwemen00talltn 91"ld lalterlsrthng lutormaton r11ainghi to cOffullrcite aolicator. by ale"n of two 10,06.1065 Co,-.lOn 0145% dteod In.. 1.0 Bus SIM3. L.0. CAg1 CS0034i. sghluitted P, programn f.,r carrying out the ag kg, prOvlijord, Di thle FWpCA. Th1, aflrilultura che~micals and their also; wri~tte elambladons. Data covering the .4 Inapt---1 Ap~ploo-.ja pl-00i, under 11-7i'Ll. A.U- Ing.4oolns. Old-do.-o LIMPS On Marcht S. 5575. and Agir'S 23. odoie 6014 Infornlolon will aniJU the, coordinlathng the reguhatlon aid lnore- general Of -core" umatrial 140 CMl 171 4 21'l 609 6011.03p06007 164 T-1-9-1 11 %I;o Aooooesti.Pktoxd l00[201- 1625. EPA cunducted a public hearllgoil 00 Agoncy inl enturlog the .Ooroilnaltio or 0m6(16repnaloll of State agencies (1.1 and 171 61. and the othier. the 500' 000011.01000lov 001,0101 330.0,276 .1,00 ex-1--06( S1.1%; mad-ls~a" 1040% t).e proposed approval in Colunolda. Federal mill Slate water puhlutloli (014- on agricultural sont.l; atedyinfylo cIVnc reqUIreNFIenti of the rotogorY Or sub. Molhol 0.9 0013001q 0 AwaixtO(61te. 30000) Ita~lia CarolIna& Print to the toi of duoe Wt plogilums, ActIvIties .1 the. Cablinult- condlitions under which conti~lnera of eategory 140 C~fR 171 Ic)). Training (7 0.9.0. 0.5*12Rd. 1..P,0 Ik,01 11114. 110)irnala 09s19(0(010.145 oatutiny 60 doay period. Sothd , -,31111a gm will extend across Iestle01c )9t5105llltot65540l.sod 051*9frenmrtlaopitrS0- 000001~~~~ ~ ~Ul 0111Q1 sit0011 724 206 ab66 240j7 0..1. L002 LIQUID 1`044"40Ated 06 extont.do of LImaoe:94m010 Ai "Me Agonsy-. duoties and ard401001w11l, 01012'dl and mi alilr1100ol rules pro- erhli the Federal Standard. 140 Clii 0:Sol~ ~ ~~A Ml'O..50100..51.640, rldf- 091(11101151."l CIZAR A5416.te..lre. Ust NIPES Itilkslation load not y.ot b~een 10, undr (I Ie PWI-CAIl,13tldbth 0041101 oAjrcl- Il411118)slbe.1)ltdtyUe 000~ ~~~~~~0,p 5.-mi jeo%0 C~10IL. .%C 091300 as11- r~ oo~i(0 CIA 0110611. fully appiinod. 'Fnlt oIsgi~ltioon wis. slob- C 0anted of tag' C~opuniloe 110110 Will ture mulcld Chapter 200. Iowa lic.Uvlde COoPera14tiv Ealerusl- Sorroo ICES) .0,6.00006) .L. d a410 of pit Ap.)1003- 6. (010) do-Lo.yI .-,Y0 .uotonfln.o malque.tly IIpirotfd- After a thao-onh re- W. grild Witt. oapjropritito 61.1,460.000 Alt Thle 1.0*10 Quality Aidautalse-eiet Di- These tstaod.ld.~ a0m 596 1001 I,. detsil p000In)0 n04.0 2(o( or 1,1.0,,,. Olo10.11 esa.; 10-.161 fIox ClI. 322 View or dhe South12 Casolinapod, P0010, thc "11)00 of tlie Conl1lres and doe bol v.si1 ocre ihpslkrac- ildeEACr ~us 3 o~ )t (.4:.) 06.0* C't)dl~oe~l~I 0611011910'.01a~llflalll~a 1616910l511fy~l~g loal .ort~lcatbon. 1101 o~l a 0.0006900 aS 10(010e1160 111Islc o ncerned ws -lo regnistoll of pst-cile [ain-EPAloot l onltbooo ofnuod Inbaa). Ju L:I:A Fl.elnn,6) )0 1(.011.0,oI 6.0100% Oa.11,, VOR~olio( 00100 aOla~nopatry~lla dtled b thiLfeak" Isoien ll DIlo jdonnrey 1.SIjt1 led byt of l 1 F1.Je 101.de ('0a 111 Il0.l. andrgitof 5110(61411 ctg1raitslbeo-y MUtodoiu fudInI ).,-i 0l'A~ ~~~~~~- 0110h 0,1111 p10_42 -d( Lo,,,0 g10110 10.10611 1111 4. 6101F...... iAdlodtralrdtnflaed Ooverno JieoooBE 11 out f5odU1'tl~l ra~.1.100twi~lIor th1110 Cropc Raloblm isllOb ronl , 96) all AI1, II-o.i0lz t nor, l04. 610.LD,. 1E0UT12W P"0,61140 D Of,%; T060.-I,6 pIporoopI hi,- AN, "f June. it. 1625. the South. Carxil... Ill.lit~l"andA LA011 d $olibfIll tresililn 10101- to 119 Loll. general &and r-o[itoe~,J 01- ,.-001y1-PP,- 10-14-4014-3xi710ws ai o pIa301051, 110%~~~~~~ ~ 61060 010% 0,3-du.01. UpIo0a NPDFSA 1,,0040110 111111006 1023 Istre byte SintgC0111 Deart'i IOA .ol ItI1rl mturia lagsobr.. 4500 JI les. Inivwiduals thro'iloly to ten5- 4'500)~ ~~~~~~~~~~~~d 11,401(0 01 In1011., .A' I-100 11 trot. 2050 11,111 Str-et, .1Calolol., 1104111 fiobilson lOlf Stale 1`10 fooar CMr6Ilc.Ilo- l(Ii~ipl,t 200o. 11cstilclid. Code uf Iowa outilluld lit dits pl)11 of Fiesto1.04 Applicators 1915): lO.anirtolntn of Al,). nillo GoN- Triblling of p~rinelclc 04(000ih bc Is uCOdllCSll. tile 110110o f Lratl 1`1`0lslo,.o tCllaIr tIlt. Cuoe of done %t1111 thia EPA Plyoto Apli~caw,~ Is5I. 4410112) Of the hedvIA ol lu.-oI- I ...- 1751); Adnuldid.4utIve 101 ucedurcs tCare) hl1Iunal. loS callrctlon wlIt iloteAt AiISONe V0OL 49, NO0. i29- 1100*1050. Jilr 3. 197 S 0061041 8R1011601 VOL 40. [N0. 129--11001.J)AT. JULY1 3. 1971 E-172 2. Disposal System - A system for the treatment and disposal of domestic sewage by means of a septic tank and a soil absorption system. SOUTH CAROL.INA DEPARTMENT OF lHEALTH AI1D ENVIROINENfAL CONTROL 3. Domestic Waste - The waste water and its contents from kitchen, bathroom, RULES AND REGULATIONS GOVERNING INDIVIDUAL WASTE DISPOSAL SYSTE S toilet, lavatory, and laundry of any residence, business establishment, industrial plant, institution or any public building. SECTION I - PURPOSE 4. IHealth Authority - An authorized representative of the city, county, or state health department. A major factor influencing the health of individuals where public sewers are not available is trie proper disposal of human excreta and other domestic waste. 5. Freeboard - The vertical distance between the liquid level and the top Hdny diseases, such as dysentery, infectious hepatitis, typhoid and paratyphoid, of the septic tank. and various types of diarrhea are transmitted from one person to another through thee fcdl contamination of food and water, largely due to the improper disposal 6. Grade Boards - An arrangement of wooden boards placed in a disposal trench of humanl wastes. For this reason, every effort should be made to prevent such to support the pipe of a field lateral line, laid lengthwise and set to a haIards and to dispose of all human waste so that no opportunity will exist for uniform grade of not more than one-half inch fall in 25 feet and supported olltamin.tLion of water or food, or transmission of human waste by flies or other by stakes eight (8) feet apart; the purpose of which is to prevent "bumps" vectors. and "hollows" in the drain tile. Safe disposal of all human and domestic wastes is necessary to protect the 7. Septic Tank - A water-tight, covered receptacle designed and constructed health ot the individual family and the community and to prevent the occurrence to receive the discharge of sewage from a building sever, separate solids of nuisances. To accomplish satisfactory results, such wastes must be disposed from the liquid, digest organic matter and store digested solids through of so that: a period of detention and biological conditioning of liquid waste, and allow the clarified liquids to discharge for final disposal. 1. T'hey will not contaminate any drinking water supply. 8. Sewage - Any liquid waste containing animal or vegetable matter in suspen- 2. nIey will not give rise to a public health hazard by being accessible sion or solution, and may include liquids containing chemicals in solution. to insects, rodents, or other possible carriers which may come into contact with food or drinking water. 9. Soil Absorption Field - A system of absorption trenches. 3. they will not give rise to a public health hazard by being accessible Lo children. SECTION 3 - GENERAL 4. ,hey will tinot violate laws or regulations governing water pollution or Each dwelling unit or building, occupied for more than two hours per day, shall sewage disposal. be provided with approved facilities for the disposal of domestic or industrial wastes. Where acceptable to the health authority, a septic tank sewerage system 5. lTey will not pollute or contaminate any drainage ditch or the waters may he used for the disposal of domestic waste. of dany bathing beach, shellfish breeding ground, or stleam used for public or domestic water supply purposes, or for recreational purposes. It shall be the responsibility of the property owner to Insure that a permit to construct such a system shall be obtained from the health authority prior to b. They will not give rise to a nuisance due to odor or unsightly appearance. ally construction on the lot. Tniee criteria can best be met by the discharge of domestic sewage to an Soils report shall include percolation test, auger boring, and water table, adcquate public or community sewerage system. Where the installation of an soil types and structure to a depth of six feet (6'). individual household sewage disposal system is necessary, the basic principles ,,f design, construction, installation, and maintenance should be followed. The general contractor (or prime contractor, or person constructing and build- ing) shall not, however, begin construction of the building until such permit is issued by the health authority. After the permit is issued, the sewage disposal SECTION 2 - DEFINITIONS facilities shall then be built according to these Rules and Regulations so as to receive the approval of the Health Authority. 1hi following definitions shall apply in the interpretation and enforcement ot these regulations: 1. Absorption Trench - A trench not less than 18" and not more than 36" in uidth with a nsilliium of 14" of clean, coarse aggregate and a distribution pipe, and covered with a minimum of 9" of earth cover. 1llC/BEiS/GS l-3-70 2M - 2 - DHEC/BES/GS 1-3-76 2M * * -173 No home or building shall be occupied or rented without satisfactory sanitary waste disposal facilities approved by the Health Authority. (a) The maximum ground water elevation shall be at least three feet (3) below the surface or not less than six inches (6') below the bottom of the ditch within the absorption field, whichever shall be greater. SECTION 6 - NINIHUN SEPTIC TANK REQUIREHENTS Rock formation or other irpervious strata shall be at a depth greater No septic tank shall be installed which has a net liquid capacity of less than six feet (6') below the surface. than 890 gallons. (b) No part of a septic tank or absorption disposal field shall be con- structed within one hundred (100) lhorizon tal feet of a private or (a) The plan of each septic tank shall be in accordance with approved engineer- public well, or within fifty (50) horizontal feet of impounded or natural ing standards in general, and the following standards in particular. bodies of water. or open drainage ditches. (b) The length shall be at least two (2) but not more than three (3) times the width. (c) 'liae area of the lot, or plot of ground shall be of sufficient size so that no part of the disposal system will be within ten (10) feet of the (c) he uniform liquid depth shall not be less than four (4) teet. building, property line, or undee a building, driveway or parking area. (d) The soil on the lot must be suitable for the proper functioning of this (d) At least one (1) foot freeboard shall be provided. type of disposal systemA SOIL REPORTS SHALL BE REQUIRED AND SHALL BE (e) The theoretical detention period shall not be less than twenty-four (24) PERFOiRED IN ACCOKDANCE WITl CURRENT STATE BOARD OF HEALTH REQUIBREMENTS. hours based on the average daily flow. Ilie title field shall be sized according to current State Board of Health recommendations, based on soils report. Inaccurate or incomplete (f) All tanks shall be constructed of material approved by the Health Authority information shall void the permit. The soil report shall be submitted on and shall be of water-tight construction. forms provided by the ilealthb Authority. () 'The designed system must be of adequate size, properly located on lot. (g) All persons or firms constructing precast or cast-in-place s eptic tanks to be used in South Carolina shall obtain a permit from the State Health Authority. SECTION 5 - APPLICATION, PERMIT, APPROVAL (h) Cement block (or equal) constructed septic tanks must utilize six inch (6") minimum block with well filled mortar joints; walls to be plastered Application forms for permit to construct will be furnished by the Health with �i" layer of portland cement - sand plaster; bottom of tank, poured Authority. lle property owter shall furnish on the application blank correct concrete, three (3) inch minimum; top of tank, reinforced three (3) inch illformtion necessary for the determination of the feasibility of a septic tank slab with provisions for access to inlet and outlet devices. waste disposal system, (including a boundary plat of the lot) layout of system on the lot, driveways, soil report, and any other information deemed necessary. net and ust enter the tan all with ni" weep hole will be used for the 'll. Health Authority will then conduct a site inspection of the lot in question level of the enter t he inlet ust penetrate at least six (6) inches above the liquid before said permit is issued. Incomplete or inaccurate information shall void the permit. the liquid level. (j) An outlet tee will be provided, penetrating the liquid a minimum of (b) Permit to Construct A permit to construct a septic tank and absorption field will be issued to the eighteen (18) inches depth. property owner if the minimum requirements as set forth in these regulations (k) The waste line from the house to the septic tank must be properly installed arx met. The permit holder will build or have built the septic tank and absorption field, according to the permit and according to these rules and regulations. The permit shall be void twelve (12) months after the date of issue. Incomplete or inaccurate information shall void the permit. SECTION 7 - MINIMUM REQUIREMENTS FOR ABSORPTION FIELD (c) Approval Tc) system must be left exposed until a final inspection is made by the Health The location of the absorption field shall be in an unobstructed area, outside A uthority, and d certificate of approv final inssued. ction is ade by th tlthe area occupied by the building and outside areas used for driveways or parking. Authlority, and a certificate of approval issued. Contractors, builders, developers, or realtors selling newly constructed or old (a) he absorption ditch must be at least twenty-three (23) inches deep. homes requiring remodeling or changes to sewage disposal systems shall provide the buyer with a certified copy of the Health Authority approval of the septic two (2) inches per one hundred (00) of the ditch shall not excar feet. tank and absorption field. - 3 - IIEC/BES/GS 1-3-76 ZM - 4 - DHEC/BES/GS 1-3-76 21 E-174 (c) Tle bottom width of the distributor ditch shall not be less than SECTION - CONSTRUCTION CRITERIA eighteen (IB) itches, nor more than thirty-six (36) inches. (d) Coarse aggregate under distributor line shall not be less than six (6) (a) No additional water consuming appliances or fixtures may be connected to ciches deep. The aggregate may range in size from m inch to 2� inches. the septic tank system unless the system was designed to receive the waste Flnes must be prohibited. All smeared or compacted surfaces of the from them. ditch shall be raked to a depth of one inch before gravel is placed in thle ditch. Trenches constructed within ten (10) feet of trees, or (b) All rough grading or filling shall be done prior to the installation of dense shrubbery must have at least twelve (12) inches of aggregate the septic tank system. beneath the tile. (c) No excavating or backfilling of the absorption system shall be performed (e) lTe depth of coarse aggregate over the distributor line shall not be during vet weather. less than three (3) inches, and shall be level across the trench. (d) The area in which the system is located shall be protected from surface (f) The internal diameter of the distributor line shall not be less than four water, roof oF downspout drainage. (4) inchies, and shall be so constructed that leaching will occur at one (I) tout intervals or less. (e) All dirt, mud and debris shall be removed from the tank before backfilling. All backfilling around tanks shall be tamped to prevent caving. (g) Distribution pipe must be of an approved material. i(f) All joints in the septic tank lids shall be covered with heavy roofing paper. (ib) If ftar rile Is used as a distributor, the top half of tile joints shall be covered with strips of asphalt roofing or other approved type of joint () Tile top of the absorption trench shall be overfilled with four (4) to cover, at least three (3) inches in width. six (6) inches of earth to allow for settlement. (i) Distribution and drop boxes; Distribution boxes shall be installed as required - drop boxes required as needed to mainrain proper absorption SECTION 9 - GREASE TRAPS field distribution. When drop boxes are needed the trench will be pro- perly dasmed across trench width. Boarding houses, cafes, restaurants, hotels, or food preparation establishments shall install a grease trap on the kitchen waste line preceding the septic tank. The (j) 'ite area of the absorption field will be determined by the number of grease trap must be designed in accordance with current engineering standards, and bedrooms per dwelling. or the number of persons using facilities, and shall be easily accessable for cleaning. Grease traps will be installed on the out- soil conditions but no tile field shall contain less than one hundred side of buildings. (100) linear feet of tile. (k) The number of distributor lines shall not be less than two (2) and no SECTION 10 - TANKS GREATER THAN 2000 GALLON CAPACITY single distributor line shall exceed one hundred (100) feet in length. The plans and specifications for each septic tank installation having a capacity (1) All distributor lines shall be installed according to standard engineering of two thousand (2000) or more gallons, shall be submitted by a registered engineer practices and no nearer than ten (10) feet on center of line. Grade licensed by the state of South Carolina to the Bureau of Environmental Engineering boards (1" x 6") or grade stakes shall be set prior to installation of of the S. C. Department of Health and Environmental Control, through the local Health agglagdlc and tile. Authority, and approved prior to construction. (at) Tlh coarse aggregate over the distributor line shall be covered with an L.Lt,cateJ bullding paper to prevent infiltration of backfill material. SECTION 11 - DISCHARGE OF WASTE A) lspervious covering may not be used. No septic tank effluent or filter effluent shall be approved for discharge into (I;) 11 v depCth of earth cover over coarse aggregate shall not be less than nine any streams in South Carolina unless authorized by an agent of the South Carolina (9) inches. Care Imust be taken to prevent harming the tile filed while Department of Health and Environmental Control and the South Carolina Pollution Contro backfilling. Authority. Sewage shall not be discharged to the ground surface or to any ditch. SECTION 12 - CLEANING SEPTIC TANK 5 - All persons or firms cleaning or pumping out septic tanks shall have a valid written permit from the local Health Authority to do so. Vehicles used for this purpose shall have the owners name and address prominently displayed in bold letters at least four (4) inches in height. Contents of these vehicles must be disposed of in a manner approved by the local Health Department. _ E-1; - 6 - _ ~~~~~~~~~~~:Wli SCI1 3 -EINFLIRCLNFNT INTER11RiET'A'l IO CONSTRUCTION DETAILS xhs ulc-s and regulat ions are isstied unlder tie AiithOriL tOfc Section 32-8 Code (i lws 1962, and subsequent legislation. '11ey shall he enforced bly thO NDVDA lle, IItlI Authlocity in ji crdance wIth interpretatioits anid public 1WdaIL11 r~SOnS F R I D V D A ,prvdby the S. C. blpartsiett of Health slid Environmwental Control. SEWAGE DISPOSAL SYSTEM "'L IOIN 14 - PENALTIES RECOMMENDED LAYOUT Viulation of these rule.s and regulations Shall be punishable III acLordance PERFORATED PIPE with1 SectLion 32-17, Code of Laws of South Carolina, 191,2, aiid each. day of con- lHoles turned down) tinned violation shall be- a seplarate offense. HOUSE SEC110lI IS - REPEAL ANO DIATE OF EFFECT ATOLIDST 10 ft. Iliac regimlariolns shall be In full force and effect on adoption and at that Li".. all regula.tlos and parts of regulations In conflict with Ethese regulationsTA 1.rohreby repealed. jiECHlit 16 - 1111COlISTITIJTIONALITY CL-AUSE DSRBTO St..Ould any section, paragraph, sentence, or clause, or phrase Of these regela- Box LN TOER 100 ft. tiults be declared unconstitutional or invalid for any reason, the remainder of said regulation Shall not he affected thereby. ABSORPTION TRENCH DETAILS CERTI FICATIlON G -.~..4RADE -rt ify th~at the foregoiiig Rules and Regulations of Elie Soutih Carolina Depart-. ,*,*. Scot ,I heajlth an Evionena Control Governing Individual Waste Diftposal Systems, I*.,~.~~E R HBCFL-r .ppi--ve by Executive Vmusi~tte (in February 10, 1971. are hereby declared to be rtie 4-- ::I I, i~(a Holes dand Itegmlat uiois Gu-veruiitg Individual Waste Disposal Systesis llt Soauth-l.UNRAE i~rIm.atId umpercete previ.-oucoles and Regulations Governting waste Disposal SystemsPAE ill- fli thre ,fit,.if tike Secretary of State on .lone 27, 1961. I tiirtlier eticiy that time above Rules and Regulations Governing Individual Waste PP Oliumus-j bystems arm, h~rewith filed with the Secretary of State this 6th day of April, I971. sI E. Ki-nneth Aycock, .D. j L.S.) E. Ectnnetli Aycock, M. ). , ti. P. H. LEVEL TRENCH BOTTOMlato3'_ Contrilssloner S. C. Departm~e-nt ot Hvalt~h and Env ironmen tali Cont rol STONE REQUIREMENTS TRENCH Cubic Yards of No. 6 Stone Tons of No.65 Stone WIDTH per ft. per 10 ft. per 100 ft. per ft. per 10 it. per 100 ft. 18 in. 0.07 0.7 7 0.088 0.88 8.8 24 in. 0.09 0.9 9 0.113 1.13 11.3 7 ilClhSG 1-3-7(t 21M 36 in. .0.14 1.4 14 0.176 1.75 17.5 E-176 1,000 GALLON CONCRETE BLOCK SEPTIC TANK 2" INLET TEE PTERE WALLS ON INSIDE OUTLET LIQUID LEVEL 3"POURED rI I CONCRETE SLAB ' I } I a T T " 8BLOCKS ARE 1 Il 7 T L I' o*�x� No. 3 (3/8"I Il L I 18 RODS GRADE 04" 3- DULNOIJTS DETAIL OF TOP SLABS INLET LIQUID LEVEL OUTLET NOT MORE Ilk" 11-22HAN Ik AT LEAST L 0'. L I FT AL L1/2" BAR) 2 No.3 (3/3") RODS 4- -- - -I - - -I- A FI -I-PER SLAB * DISTRIBUTION BOX DETAILS SIDE VIEW TOP VIEW LIFT HANDLE 3" SLAB TOP 3 INLET r OUTLET 32" 3" POURED BOTTOM SUGGESTED BLOCK TANK DIMENSIONS (Based on 8" x S" x 16" Block) TAKSIZE I iNSIDE INSIDE I/No.1BLOCKSI LIQUID I TOTAL INo. BLOCKS I TOTAL No IthAI 0th IWIDTH IICOURSE I DEPTH DEPTH DEEP I BL. NEEDED SW- r-o' 14-O I 20 4'.8" fil'-I. a 160 Iwoo . A.'-a" 1 21 , 4'. I ..-" I 8 168 REQUIRED CONCRETE MIXES FOR TANK TOPS AND BOTTOMS SNIX&lE~VLL rHOVELS FULL I SHOVELS FULL LARGEST SIZE GUANTITYOF W ATER S AND STONE OF STONE I I 2 3 j %" 1WONLY ENOUG4 1! E-177 1 I a 1 3 1 1X" ~~~~MIXTURE _0 RULES AND REGULATIONS GOVERNING THE DEVELOPMENIT OF SUBDIVISICO WATER SUPPLY AND WASTE DISPOSAL SYSITES STATE OF SOUll CAROLINA Published by SOiUT CAW)LINA DEPARTMENT OF HEALTh AND ENVWIRONI4TAL C(1WI1TL E. KEIETH AYCOCCK, M.D., M.P.H. State Health Officer Columbia, South Carolina HIEC/BES/CS 6-15-77 200 E-178 SOUWH CAROLINA DEPARTMENI OF HEALTH AND ENVIRC[3OINTAL CONTROL RULES AND REGULATIONS GONERNING THE DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND WASIE DISPOSAL SYSTEMS Promulgated Pursuant to Section 44-1-140 of The 1976 Code. Approved by the Executive Coamittee on October 20, 1971. Filed with the Secretary of State on November 3, 1971. Superseding Rules and Regulations approved on September 18, 1968, and filed with the Secretary of State on May 6, 1969, and subsequent- ly amended. DHEC/BES/CS E-179 0) 0 (b) Wihen multiple septic tank installations are proposed in subdivisions, the plats RULES AIND REGULATIONS GOVERNING THE DEvELOPMENT OF shall be prepared, signed, and seal affixed by a land surveyor. Submittal of addition- SUBDIVISION WATER SUPPLY AM WASTE DISPOSAL SYSTEMS al data, collected and interpreted by "qualified persons", May be required by the De- partnent of Health and Environmental Control, or its agent, to substantiate justifica- tion for such installations. I. PURPOSE 2. All subdivisions shall be served by approved public water supplies unless proof of unfeasibility is docmented and such documentation is acceptable to the Department of For the protection of the health of the people by preventing the Health and Environmental Control. spread of communicable diseases by providing safe and adequate water supply and sanitary sewage disposal facilities, to protect the ground and surface 3. All water supply and sewerage systems shall coply with the Suth Carolina Depart- waters of the State from contamination or pollution from both hbateriologioal gent of Hiealt and Environmental Control laws, rules and regulations pertaining to such and chemical waste, and to attain uniformity of public health practice in systems. the State. 4. A written permit shall be obtained fros the Department of Health and Enviroinmtal II. DEOIPTIONS Control, or its agent, prior to beginning construction of water supply and/or sewage disposal facilities. Any extension of an existing system shall also require written subdivisions --ay tract or parcel of land subdivided into two (2) approval or wore lots for building sites, for the purpose --iadiate or future- of building development. This definition shall include mobile home parks and 5. A written 'Use Approval" shall be obtained from the Department of Health and Envi- multifamily residences. This definition shall also apply whether the lots roaental Control, or its agent, following construction. No waste discharge to the are to be sold, rented, or leased. sewage disposal facility shall occur nor shall the water supply be utilized prior to issuance of this statement. rot-A part of a subdivision, or parcel of land, used as a resi- dence site, or intended for use as a residence site, whether iimediate or 6. Subdivisions, as recorded, shich have been ander development and unapproved by the future. South Carolina Department of Health and Envirimental Control, and fifty percent or more of the lots remain unsold shall comply with this regulation. Any addition or extension Residence-Any house or structure intended for human habitation to the original platted area shall be considered a new developant. for a period greater than two hours per day. 7. No lot may be sold in any subdivision, developed hereafter, prior to approval of Subdivider-- Any parson or company who divides a tract of land this subdivision by the Department of Health and Environmental Control. into two (2) or more lots to sell, lease, or rent. Engineer-- A person registered as Professional Engineer by the IV. PK(CI[P South Carolina Board of Engineering Examiners, and competent in the field of water and waste treatment. 1. Any person, fir, or corporation contemplating the development of land for subdivi- sions must first submit to the Caunty Health Department a plat drawn to scale not Land Surveyor-- A person registered as a Land Surveyor by the less than 1" - 200'; for small areas, a scale of 1" - 100' shall be used. Plat size South Carolina Board of Engineering Examiners. shall not exceed 24" x 36". All plats shall shoa north arrow, lot lines with dimensions and lot identifications, roads, and easements with proper identifications, natural fea- Qualified Person-- a person who performs analyses and submits soil tures including contours, drainage, and location sketch for reference identification of evaluation data. His special qualifications and knowledge of soil behavior the area. All docmentation and data required by these regulations shall be fully comple- and limitations under conditions of waste disposal shall be a matter of re- ted and properly signed, and shall accompany the plat. cord and shall be acceptable to the State Board of Health or its agent. 2. The Ceoaty Health Department, upon completion of its review, will transmit its re- lr. oBJECTIVES coamendations and all supporting data to the District Health Office for review. 1. All subdivisions shall be served by approved community or public 3. If the water and/or sewerage system is privately owned, it is subject to regulation sewerage systems unless proof of unfeasibility is documented and such docu- by the S.C. Public Service Comission and a surety bond in accordance with Article 7 of mentation is acceptable to the State Board of Health. Chapter 5 of Title 58 of the 1976 Code will be required. Evidence of such a bond shall be furnished the Department of Health and Environmental Control prior to placing the (a) Where central collection and treatment facilities are system in service. required, such systems shall be designed by and constructed under the di- rection of an engineer in South Carolina. 4. A person or firm, properly certified by the S.C. Board of Certification of Public Water and Wastewater Plant Operators, shall be employed to perform operation and msainte- nance of conmmity water and sewerage systems. The South Carolina Department of Health DtbC/BES/6S --- 1 --- and Environmental Control shall be informed, in writing, the name of this person or firmns, and any change in this operator shall be cleared with the South Carolina Department of Health and Environmental Control. E-180 S. Prior to approval of a Subadivision. a Statemet must be suh- mired.. from the appropriate governmintal agency stating that streets andl drainage Plans have been reviimaw ani are approved. and that said agency accepts responsibility fair the manresnce of drainage facilities, includling all rights-of-way 1 asint 6. Frivateily-amed andoperated water andlor sewrage facilities crco lying within a legaly-constilaxod pmbli service district Of municipality shall be required to obtain matte a~pprval from said district or sunicipa- luty prior to action, by the So"t carullim Department of lHalth aixi Eavixon-criytattefrgigRue n euaioso h et metal CAM11 etf htte oeoiiMlsadMglatrnsofleSot 7. There doll] be sofficituat land area on each o for aln pro,- Carolina State Board of Health Coverning the Development of subdivision Pse-d laxildimg. driveways. Utiity Caements. drainage. approved Water sorp'Y. H ater Supply and Waste jDisposal1 System, approved by ilia Brecutive Comittee amd approv edwerage dujisals syston or coutzoo. 8. Shoold consideration of the uem of multiple septit tanks. be on GOtober 20. 1971, are hereby declared to be the official Miles and Be%- justified, percolation tests. anger 606ing. sofa classification. maximum sea- aios nngtemtof& Isi aerSpladWst sona' around Hater elevation. ad al ohe appropriate tests Shall be performed tinGoeigthDvlpmtofSbvsonWerupyadWse by quaifed persons and sAUM he in ancordamn with standard proceehares appr-ea by tie South Carolias Depax",t of Health amd Favironemntal control Disposal Systems In South CarolIna, and supersede previous Miles and BeqU- and attested to on forms Supplied by the S=&t Carolina Deparuet o ~r oin oenn h eeoment of SudiisonlterShl n at Disposal Systems filed la the office of the Secretary of State an Sept~em- V H ~3OIT NIWIEATTOI bar la, 1968. and aaendments filed May 6, 1969. These ruIes anl regulations are issued under the Anrlrnrity of Section 44-1-140. CAde of LawS of South Carolim. 1976. and si"sqmrn legislation. M" I further! certifi that the above Rules and Regulations; Governing shall1 be enforced by the health aurhority. in accordiace with interpretations an h eeomn fSbiiinMAte upyadWseDsoa yt r pauilic health reasons approved by the Department of Health and Environmontal CM-t e Dvlpeto udvson-NtrSpl n ateDsoa ytm r trol. ~~~~~~~~~~~~~~~~~~~~~herewith filed with the Secretary of State this November 3, 1971. VI. PEMATIES Violation of thesw riles and regulations shall be punishable in accor- danc-e with Section 44-1-15O, Cmde of Laws of South Carolina, 1976, and each day 5 xiiiAQCf.DN .5 L. of conutinucd violation shall be a separate offense. stE. KENNETH AYOffce M.nD.M.PD.I secretary of the state Board of Health VI I. REPEAL AND DATE OF ERELT Th1ee regulations Shall be in full force and effect on adoption and at that tine all regulatious mnd parts of regulations in conflict with these re- gulations are hereby repeated. V111- utM rn~imlomniy CLMIMI 19ould any section. paragraph, senetence. clause. or phrase of these regulations be Jet-la"e tunconstitutional or invalid for any reason, the remnainder of said regula time -shall not be affected thereby. --4-- --3--- E- 181 C ~~~~~~~~~~~~~~C IMPLPIEMfIATION POLIO SUccESTED NIMiM LOT SIZEs FOe lse WITH AIIEA IN sQuAB2 PEET 101 sWecIF1~ GOUNDe SLOPES RULES AND REGULATIONS GOVERNING TIME pEvE lOEM OF SUBDIIVISION WATER SUPPLY AND WASTE DISPOSAL SYSTEMS Per c 0 - 51 Over 5 - l Over 10 - 201 Over 201 Kinjinch Slope Slope Slope Slope STATE OF SONTU CAROLINA 1. individual water and sewage systems vs public systems for subdlvisions. A. PUBLIC WATER A PUBLIC SEWERAGE * o miniaqm area. Maoer Septic Tanks individual Systems way be considered without ani accompanying Engineering Feasibility 2 - 15 lotc 2 - 40 lots Study. Study to be requested when needed. 10,500 10,500 10,500 10,500 Soil Conservation Service Soil Study shall be required. C. PULIC WATER & INDIVIDUAL SEPTIC TANKS Engineering Feasibility Study Including Soil Conservation Service Soil Study must accompany 16 - 50 41 - 100 request for Individual systems. Public systems 3 - 5 15,00 20.000 22,500 25,00 gen.rally expected. 6 - 10 20,000 25,000 27.500 35.000 Individual systeas not likely to be approved. more than s ore than 50 lots 100 lots 11 - 20 25,000 30,000 35,000 42.500 21- 30 30,000 35,000 40,000 50,000 II. mNOEs: i. These numbers are given as a guide in submissions. They are not intended 31 40 35,OW 40,000 45,000 57,500 to assure acceptance of individual systems in any subdivision. See 41 50 40,000 45.000 55,000 65,000 requirements for individual systems. 2. Ilndlvidual system. will not be permitted when an acceptable public system Si 60 42,500 S0,000 60,000 12,500 is available. 0. INDIVIDUAL WELLS 4 INDIVIDUAL SEPTIC TANKS 1. The Installation of Individual wells and septic tanks on the same lot is 2 or less 30,000 30.000 30,000 30,000 at best a quesion.able procedure, even under the best of conditions, and should be discouraged if other arrangements can be made. 3 - 5 30.000 30,000 30,000 35,000 4. linimum conditions of South Carolina State Board of Health Rules and 6 - 10 30.000 35,000 37,500 42,500 Regnilations Governing 1lndlvldual Waste Disposal Systems must be observed when septic tanks are used. 11 - 20 35,000 40.000 45,000 52,500 5. I.engtlh width ratio of I to I is desirable for lots. 2% to 1 is a normal 21 - 30 40,000 45,000 50,000 60,000 maxis,,sm; i - I Is occasionally used. 31 - 40 42,500 50,000 60,000 10,000 41 - 50 47,500 55,000 65,000 77,500 51 - 60 50,000 60,000 70.000 85,000 4-29-77 2M - 2 - Implementation Policy E-182 I IDELINES (d) Per lot construction coats are high for small systems where treateant FOR USE WITI must be included. RULES AND REGULATIONS GOVERNING THE DEVELOPIENT OF 2. Mater Table SIIUBDIVISION ATER SUPPLY AND tASTE DISPOSAL SYSTE4S Mater table elevation must be low enough to permit seepage from the drain tile field. The required depth below the bottom of the drain- 1. PUIRPOSE age ditch will vary with the type of soil. Good percolating soils To obtain uniform conformity with good public health practice In the state will need less depth than will tight soils. A water table not less and still permit flexibility to suit soil conditions, stream limitations than thirty-six inches below ground surface can be used with the good anod other conditions which vary from one site to another. In all cases (1) soils provided it can be matntained at least six inches below the An acceptable water supply must be available. (2) Soil conditions and ter- bottom of the ditch during wet seasons. The level of the ground rain must support the type of sewerage system proposed. (3) The site must water table must be investigated during dry and wet seasons. Soil have tihe ability to free itself of surface drainage and stagnant bodies of Conservation Service evaluations should be considered. water 3. Subsurface Conditions II. OBJIECTIVE The nature of the soil, location and character of rock formations All proposed subdivisions must have an acceptable water and sewage disposal and the level of ground water table during dry and wet seasons must plan. be Investigated if subsurface sewage disposal is proposed and is III. A. Decision as to whether or not to permit the use of Individual water permitted. Soil percolation characteristics must also be determined. supplies anld/or individual septic canks for sewage disposal shall be Underground explorations are the responsibility of the developer made after due consideratton of the following factors. and his engineer. They should be encouraged to utilize the assistance i. Small )e.veloplment of the Soil Conservation Service. State and County Health Department (a) Consider future number of lots. not merely tihe number being personnel will determine the acceptability of the data presented. rcqnensted. ', A sufficient number of borings to a depth of at least 6 feet, (h) operation and maintenance costs on very small systems usually preferably 10 feet, and other soil tests must be carried out to supply et'cred revenues and the owner loses interest when the lots an accurate record of subsurface conditions. Generally not less than are sold. one boring per lot will be required. Additional borings will be required (c) All systems large or small will require appropriately certified if needed to properly describe the lot. The locations of the borings and operators. and other test holes must be shown on the subdivision map and boring -1 _ Guidelines - 2 E-183 /) a /� 6. Unacceptable Discharge Point for Treated SaMage Effluent cross-sections must be depicted on the plans. The results of soill Examples of unacceptable discharge points are; Mo stream within percolation tests should be shown on the map or recorded as a separate reasonable distance; shell fish atrers; water supply intake. etc. report. Eough perc tests will be required to give adequate information 7. Excessive Financial costs of installing a Central Sewage Collection Including tests In the worst soils. and Treatment System and/or Central Water Supply. 4. Acceptable Lot Size and Configuration Conditions differ but when the number of lots reaches about 40 the (a) Where private water or sever systems are to be utilized there lack of feasibility of central sewage systems are open to serious shall be sufficient land area on each lot for all proposed build- question. Central water systems may be feasible at 15 lots or less. ings, driveways, utility easemenfta, drainage, approved system Cost analysis submitted by the engineer which shows central system installations and a replacemeant for the septic tank drain field cost to be 2� to 3 times individual system costs are worthy of in the event of failure of the original system. consideration. (b) Wells m.Nt be 100 feet from sewage drain tiles, 100 feet from .it All justifications for individual systems must be documented by the septic tank, and 10 feet fro property lines. It mist be assumed appropriate professional personnel and such data must be subhlttei.far that soils under houses will be chemically treated for termite evaluation to, and be approved by, the Stare Board of Health or its agent. protection. A well should be at least 100 feet from the house C. Consideration sbould be given to requiring an easement for future central and must be so located that surface and subsurface drainage is water or sewer systems. awady from the well. D. Uhere septic tanks are authorized on a temporary basis and sewers are (c) Savage tile fields must be 10 feet from buildings and property expected to be installed in tihe near future - lines, 50 feet from ditches with bottoms lower than the tile (1) Septic tanks should be installed on the side of the house which will field and 50 feet from any stream or body of water. be served by the sewer and the drain field in the most acceptable (d) Length uidth ratio of 2 to I is desirable, 2� to 1 is a normal location. madimua; 3 to 1 is occasionally used. Wide lots are particularly (2) Crnsilderation should be given to escrou tap-on fees when the develop- desirable when septic tanks are used to prevent concentration of er is permitted to install a few septic tanks with the provision drain fielIda that bowers will be installed at a later date. 5. Availability of Public Water and Sewerage Systems lodividual systems will not be permitted when an acceptable public system Is available. - 4 - Cuidelines DHEC/BES/GS 4-29-77 21i E-184 /Tr Appendix F ENMMANGERI3D SPEC IRS in SriMI CAROLINA Birds American Peregrine Falcon Finback Whale IFalco peregrillus anatunBlcuteapyau Arctic Peregrine Falcon Florida Manatee Falcon peregrinu& twidrius Trichechus panatus Bachuan's Warbler Illmoiack Whale Veruivora baclhanix Maigaptera novaeanoliae Eastern Brown Pelican Indiana BMt Peieau occidentalis carolinensis ?4yotis sodalis Eskimo Curlew Sel Whale Hdupmanius borealis Balaenoptera borealis Ivory-billed Woodpecker Sperm Whale Campel#!ius principalis lliyseter catodon Kirtland's Warbler Dlendroica kirtlandii Rpie Red-cockaded Woodpecker ~Atlantic Leatherback Turtle Dendrocopued Woodpecke Deneochelys c. coriacea Southern Bald iiagle ~~Atlantic Ridley Turtle Hlaliacetus 1. Inuco~effiLus_ j~pchfYs eud Gopher Tortoise Fish gopherus polyphens Shortno~se Sturgeon Amphibians Acipenser brevirostrtmn Niiinerr Tree Frog Into an!dersoni MUMimaS Ziz Zag Salimander l'lethodon dorsalis Atlantic Right Whale lEubalaena lcai Blue Whale Baanpea muscullus Iloiield 11Vba I Balaella mysticetus Elastern Cougar F-i Geographic Areas of Particular Concern The exact history of Capers Island has been lost through the passage Areas of Unique .Natural Desource Value Areas of Unique Natural Resource Value of time, but it is known that the island was contained in one of the grants given by the King of England to the early colonists. The'Capers family, for A. The heritage Trust Program A. The - eritaT rsPogra whom the island was named, was one of the earliest owners, and nebers of 1. Capers Island -1.~~~~ C a p e r s -~~~~~~~~ Islandthis family contributed significantly to the history of South Carolina and Capers Island was purchased by the State of South Carolina in the ation. the nation. February, 1975, as the result of growing public concern for the conservation The mritm forest, swamps, ponds and vast pristine marshlands of The maritime forest, swamaps, ponds and vast pristine marshlands of of natural resource areas. The island, situated between Dewees Island to of~ ntrlroreae.Teiadsiuebewn sadtCapers Island provide valuable habitat for a great variety of wildlife and the south and the Cape Romin National Wildlife Refuge to the north, serves serve as an invaluable and irreplaceable natural resource for the enjoyment as a classical example of a coastal barrier island having been built during of present and future generations of South Carolina. of present and future generations of South Carolina. the course of thousands of years by the interaction of wind and water. To the east the island is bordered by the Atlantic Ocean and to the west by the B. State Wildlife Preserves Atlantic Intra-Coastal Waterway. 1. Turtle Island Situated approximately three miles from the mainland, Capers is This barrier island has extensive salt marsh areas and almost 100 part of an extensive zone of barrier islands, coastal salt marshes and estu- acres of upland forest. It is virtually undisturbed as a result of its remote aries. About 1.4 miles in width and 3.3 miles in length (along the ocean location and difficulty of access. The 1,700 acres are owned and administered side), the island contains 850 acres of highland and some 1,090 acres of salt by the hMD. marshlands interlaced by networks of tidal creeks. 2. Bear Island Game Management Area The topography of the island is characterized by a sandy beach zone There are 7,500 acres in this game management area. Managed for and a series of dune ridges dominated by typical maritime forest vegetation, waterfowl nesting and feeding by the WMJD, the (predominantly) marsh area such as live oak, water oak, southern hickory, ash, cabbage palmetto, .American consists mainly of old ricefields. holly, Yaupon and magnolia. Between the dune ridges are found low areas con- 3. Alexander Sprunt, Jr., Wildlife Sanctuary (Deveaux Bank) taining marshlands, ponds and swamps. The remains of ditches, banks, furrows and roads throughout the island attest to its former cultivation. ~~~* 0Fe~P 4. Santee Coastal Reserve impoundments and managed woodland. South Island and the adjacent area (Santee 4.Santee Coastal Reserve Coastal Reserve), extending south to Cape Romain National Wildlife Refuge, Over 17,000 acres of the Santee Coastal Reserve are located on the harbor some 80% of the sea turtle nesting activity on the South Carolina coast. northern edge of Charleston County, adjacent to the Santee River (additional 9. Samworth Game Mamagement Area acreage is in Georgetown County). The reserve consists of beaches, maritime Owned and managed by lIRD for waterfowl and upland game species, forest, managed waterfowl impoundments, upland forest and cvress swamp. It this area northeast of Georgetown contains just under 800 acres. Although includes a major wading bird rookery and osprey nesting area, several carolina relatively small, it is significant principally for its waterfowl impoundments. bays, and extensive salt marsh areas. The Santee Coastal Reserve is managed by WMD as a game management area. C. State Parks 5. Hatchery Game Management Area 1. Hunting Island State Park This game management area of approximately 2,450 acres is managed This 5,000 acre State park facility with just over 4 miles of beach for waterfowl. and 200 campsites is the State's second most pooular park. Besides 400 day-use 6. }bultrie Game Management Area - parking spaces, the park includes rental cabins, carpet golf, a lighthouse This area of approximately 9,700 acres, much of it in Lake 'oultrie dating from 1873, comfort stations, a wildlife area with nature trails and a is leased by the State for deer, small game and waterfowl hunting. boat launching ramp. 7. Santee Delta Game Management Area 2. Givhan's Ferry State Park Located in marshes between North and South Santee Rivers, this This park facility borders on the Edisto River, and has 32 acres in area of roughly 3,300 acres, is a complex of old ricefields. Managed for Colleton County. It extends across the river into Dorchester Countty. waterfowl, it is especially significant due to proximity to North Island, 3. Old Ft. Dorchester State Park South Island Plantation, and the Santee Coastal Reserve. Taken together, they form a major wildlife refuge area. 8. ,North Island and South Island Plantation These two islands at the mouth of Winyah Bay were willed to the 4. Edisto Beach State Park State by the former owner. They will be managed by WMRD primarily for Covering 1,225 acres of Edisto Island, the park has one and one-half research activities. (Final transfer of title is anticipated in the inmmediate miles of sandy beachfront; saltwater marshes: environmental observation stations; future.) They form a vast complex of beaches, maritime forest, waterfowl hiking trails; and swimming, picnic and playground facilities. F-3 Atalaya, built by the IHmntington family, is open to visitors for a walk through its ranmbling rooms and gardens. 5. Charlestown Landing 9. Myrtle Beach State Park The first permanent settlement in South Carolina, this site of While only 312 acres in size, this park is the State's most popular approximately 500 acres is on the National Register of Historic Places. The facility. It offers 4 main use areas; 1) campground; 2) day-use area with oicnic park commemrates the landing of three English ships and establishment of a shelter, restrooms, and changing rooms, and swimming pool along the oceanfront: settlement on the Ashley River in 1670. This family park has both historical 3) interpretive area with visitors' center and historic and environmental trails; and nature themes. Features include a replica of a 17th century trading cache, and 4) recreational facilities, including a 750 foot fishing pier, rental con- replica settlers' village and crop garden, and a pavillion with artifacts from cessions and miniature golf. The park has one mile of sandy swimming beach. the first one hundred years of settlement. The park also offers an animal D. Scenic Rivers forest of endogenous South Carolina species, roughly 80 acres of gardens with None to date. walking and biking paths, and picnic areas. 6. Drayton Hall E. Marine and Estuarine Sanctuaries None to date. F. Shellfish Areas 1. Commercial Shellfish Leases 7. Hadton Plantation a. Beaufort County Lease E Leasee Acreage I T. M. Bailey, Jr. 316.0 7 Hudson Seafood 63.4 13 Hilton Head Co. 2.0 3. Huntington Beach State Park 17 Ocean, Lake i River Fish Co. 834.0 18 Toomer, Jr. 459.0 Located along US 17, three miles south of M4urrell's Inlet, this 23 Bluffton Oyster Corp. 364.0 47 Skull Crk Oyster Corp. 12.0 2,500 acre tract is owned by the Trustees of Brookgreen Gardens and leased to 31 J.S. Clark 2.0 52 R. Nutt 2.{1 the State for park development. It has 3 miles of sandy beach, and is character- 113 D. H. Pinckney 46.9 132 F. G. Toomer 93.8 ized by scenic and wildlife features, including sand dunes, marshes, protected 205 Mrs. O.T. McIntosh 1.3 207 F. G. Toomer SS.S inlets, freshwater ponds and extensive forest area. It offers camping, 41 Gault Fish Co. 5.l 46 Coastal Sfd. Co. 98.0 picnicing, and nature observation, with boardwalks, interpretive kiosks, and 42 Gault Fish Co. 124.0 12 Broad Crk. SEd., Inc. 127.0 an alligator habitat and feeding station. A deteriorating structure called 145 1.5 0 0FA b. Charleston County b. Charleston County Horrvy County (continued) Lease I Leasee Acreage Lease t Leasee Acreage 4 R. E. Ashely, Sr. & Jr. 108.0 8 Yonges Isld Canning Co. 380.0 14' J. L. Tapp 0.4 9 H. Hutchinson 22.0 174 J. Johnson 0.60 10 Yonges Isld. Co. Co. 335.0 178 H. H. Hucks 1.23 11 S. Rhodes 1.8 ?2 S. C. Crab Co. 1Z.8 14-A A. M. Lofton 30.0 14-B W. W. Dausey 10.0 2. Public Oyster Grounds 15 C. A. .Mgwood, Jr. 31.0 26 A. Solomon 20.0 a. May River/Bull Creek 20 Carolina Std. Co. 146.0 b. Last End Point 21 R. E. Ashely 114.0 c. Skull Creek 26 T. Duke, III 1-.8 d. Chechessee River 28 S. C. Crab Co. 8.0 e. East Branch Creek 30 B. Wilson 11.0 f. Whale Branch 31 Sullivan E. Merina 285.0 g. Ashe Island 34 T. P. Duke, Jr. 2S3.0 h. Ashepoo River 35 Flowers Oyster Co. 740.0 i. Kiawah Island 37 Bulls Bay Std. Co. 11.0 j. Leadenwah Creek 43 Flowers Oyster Co. 155.0 k. Folly River 44 J. P. Jackson 7.0 1. FHmlin Creek 45 Bulls Bay Seafood 297.0 m. Sewee Bay 55 Caper-Dewees Trust 4.0 n. Mathews Cut 61 W. B. Liles 0.6 o. Clam Bank Flats 62 S. Rhodes 41.62 p. Alston Creek 204 Backman Std. Co. 10.33 q. North Marrells Inlet 25 Carolina Std. Co. 174.0 25-A Carolina Std. Co. 20.0 3. State Shellfish Grounds 4. Other Shellfish Areas 57 R. Dion 2.0 58 N. A. Terry 2.0 a. Old House Creek 59 V. G. Burns 2.0 b. Auhaw Creek a. Wando River (seed oyster 19 W. P. Baldwin III 10.0 c. Habersham Creek beds) -7 W 8 P Shepard 14.5 d. Marsh Island e. Toogoodoo Creek b. North & South Santee Rivers f. Green Creek (clam-non-leased) c. Horry Countv g. Cole Creek h. Folly River c. North Santee Bay (clam- Lease # Leasee Acreage i. Alligator Creek non-leased) 2 C. Morse 62.0 G. Groundwater Resources 5 Pora H. Nance 184.0 6 R. Bellamy 72.0 a. Waccamaw Area 36 P. Nance 32.0 39 R. Eason 15.50 H. Treatened or Endangered Species Habitats 96 A. W. Short 1.0 97 B. L. Marlow 1.0 None to date. 98 C. R. Atteberry 1.0 F-5 Activities or Facilities DeDendent on Coastal Location A. State Ports 3. Georgetown -- - ~~~~~~~~~~~~~~~~~~~~3. Georgetown 1. Port Royal ~~~~~~~~~~~~~~~~~1. Port Royal ~State Pier 31 is a public general cargo facility approximately 500 This 500 foot pier facility is leased to the Port Royal Clay Company. feet long, handling break-bulk and petroleum products. Pier 32 is It has one berth, used for bulk and break-bulk cargo, and also 60,000 square leased to the Georgetown Steel Corporation and is a steel-handling feet of covered Warehouse and storage shed area. In 1973, this facility facility with a 75-foot gantry crane. Together these two berths handled facility with a 7S-font gantry crane. Together these two berths handled handled approximately 175,000 tons of cargo (most recent SPA figures). approximately 550,000 tons of cargo in 1973 (the most recent figures 2. Charleston ~~~~~~~~~~~~~~~~~2. Charleston ~available from the SPA). In 1976, the Port of Charleston became the 11th-ranked Dort in the United States, in terms of dollar value of general cargo. It is the leading B. Mining Operations port in the South Atlantic area and has grown five-fold in only 7 years. 1. Jasper County The thirteen SPA berths located in Charleston handle almost 3 million tons a Limehouse, cou nty mine Sand b. Eastern Contractors, Inc. Sand and Clay of cargo per year. There are 7 berths for conventional cargo; 3 are con- c. Deerfield Sand f Mining Company Sand and Gravel d. J. F. Cleckley 6 Company Sand and Gravel tainership berths; one is a combination break-bulk/container berth; one is 2. Beaufort CountY a grain berth and one is a specialized banana berth. The 400-ton shear leg a. Malphrus Construction Company Sand and Clay crane at the Port of Charleston is the most powerful of its type in the 3. Colleton County Western hemisphere; the Port also offers a modern freezer facility of 600,000 a. U. S. Peat Corporation Peat cubic feet, for meats and dairy products, and 1.5 million bushel capacity b. Walker Trucking Company Sand and Gravel c. Nettles Sound Sand and Gravel grain elevator. d. Becker Sand and Gravel Sand and Gravel e. Seigles Sand Company Sand and Gravel Over half of the general cargo now moves in containers, with about f. J. F. Cleckley and Company Sand and Gravel g. Sanders Bros. Construction Co. Sand and Gravel 100,000 containers handled per year. About 1,200 ships per year call at h. Banks Construction Co. Sand and Gravel the Port of Charleston; this figure does not include tankers and dry 4. Dorchester County bulk carriers handled by private terminals. Charleston is served by 98 a. Addco Mining Company Sand and Gravel b. Salisbury Brick Corporation Clay different steamship services. c. Becker Sand and Gravel Sound and Gravel d. Murray Sand Company Sand and Gravel e. Dorchester Brick Works, Ltd. Clay v F-6@ 0 f. Muckenfuse Landscaping Company Sand and Clay Horry County (continued) g. Santee Sand Cobany Sand and Gravel 1. Cedar Creek Village Coquina h. Gifford - Hill and Coapany Limestone i. Giant Portland Cemend Corporation Limestone and Claym. Locher Silica Sand 5. Charleston County a. Edlonson Hauling Caomany Sand and Clay b. H M MMining Company Sand and Clay c. Brinson Excavating Company Sand and Clay d. Land Associates Sand and Clay Historic Sites e. Truluck Construction Company Sand and Gravelc Stes f. A 6 A Contractors Sand and Clay g. J. F. Cleckley and Company Sand and Clay A h. Kinsey Construction Company Sand and Clay i. C. D. Walters Construction Company Sand and Clay j. Chaplin landing Coneany Sand and Clay i. Robertville Baptist Church k. Ware Brothers Investment Company Sand and Clay k. O. L. Thherson Construction Ccany Sand and Clay The original church building, established in 1781, was destroyed 1. C. F. Rhodeson Construction Coapany Sand and Clay m C. F. Rhodes Construction Company Sand and Clay by Sherman's troops in 1864. The members bought the present building and n. Addco Mining Company Sand and Clay o. Island Construction Company Sand and Clay . Islanks Construction Copany Sand and ClGravel moved it from Gillisonville to its present location. This white frame p. Banks Construction Comlpany Sand and Gravel 6. Berkeley Counr structure has classic Gothic-style columns. a. Dorchester Brick Works, Ltd. Clav 2. Gillisonville Baptist Church b T. Dangerfield Construction Co. SandLtd. This white frame colonial church was built in 1845, when Gilli- c. Bass Ltd. Limestone d. Consolidated Enterprises Sand and Clay e. Ware Brothers Investment Company Limestone, Sand & and Clay sonville was the seat of government for the Beaufort District. The original f. HMartin-Marietta Aggregates Limestone steeple was lost to federal cannon fire during the Civil War, but the 7. Georgetown County rest survived Shernun's burning of the town in 1865. a. Asphalt Products Corp. Sand and Gravel b. McDaniels Sand and Gravel Co., Inc. Sand and Clay B. Beaufort County 8. Horry County 1. Sea Pines Shell Ring a. Godwin Construction Company Sand and Gravel b. C. L. Bentonra n Co any Sand and Gravel Also on Hilton Head Island, this small shell ring contained ceramic c. Blythe Development Company Sand d. Asphalt Products Corp. Sand and Clay artifacts from about 1500 B.C. It is located on Seabrook Plantation, e. 1'accamaw Clay Products Co. Clay f. J. 0. Cannon and Sons Sand which shelters ruins of a plantation used by Federal troops as a supply g. Stacy Edwards Block Mine Coquina h. William Bird Sales Corp. Coquina and coal base during the Civil War. i. Horry Linestone Products Linestone j. G & C, Inc. Coquina k. Coastal Limehouse Coquina F-7 2. Green's Shell Enclosure 7. Hassell Point Shell Ring This site on the Colleton River near Port Royal contains two small Wilmington Indian burial mounds. 8. HMating Island Light House 3. Hilton Head Shell Ring This Indian shell ring on the north end of Hilton Head Island is the oldest discovered along the Georgia-Carolina coastline, dating from 1500-2000 B.C. Artifacts indicate family groups may have lived most of 9. Fort Frederick the year around the shell ring, which is thought to have been a place of worship. 4. Churcn of the Cross 10. Chester Field Shell Ring This Indian shell ring site, on Stallings Island, is located west of Hudson's Landing Road. 5. Charles Forte 11. Penn Center 11. Penn Center 6. Tombee Plantation 12. Indian Hill This two-story clapboard house was built about 1790 by Thomas Chaplin on St. Helena Island. The house is constructed so that rooms have window exposure on three sides. Chaplin's grandson kept a 780 page journal from 1845 to 1857, which is now part of the S.C. Historical 13 Beaufort Historic District Society Collection. is F-10 is 14. Tabby Manse 20. William and Elizabeth Barnwell House One of the finest early Colonial homes in Beaufort this Built in about 1818, this house in the City of Beaufort has a Built in about 1 U18, this house in the City. of Beaufort has a private residence on Bay Street was built about 1788. The house was double stairway and fine interior woodwork. used as a hospital in the Civil War. 21. The Anchorage 1S. John Mark Verdier House (On the waterfront in downtown Beaufort, this howe was built Built about 1790 by a wealthy Beaufort Planter and shipowner, before the American Revlution, and was used as a Federal hospital before the American Revolution, and was used as a Federal hospital Lafayette visited this home on his American Tour in the 1820's, and during the Civil War. Its builder and owner was William Elliott, spoke to the people from its steps. The home is built on a high noted statewide as a politician, agriculturalist, author and poet. tabby foundation and features exemplary interior wood and plaster 22. Coffin Point Plantation 22. Coffin Point Plantation work. On St. Helena Island, this two-story clapboard is believed to 16. Barnwell-Gough House have been constructed around 1801. A i mile avenue of live oaks leads the entrance to the plantation, which was the location of prosperous cotton production. It was a center of activity during the Port Royal experiment in the early years of the Civil War. 17. The Marshlands 23. Little Barnwell Island Shell Ring Two sand and oyster Indian shell mounds are found on this site on the Broad River. 24. Sheldon Church 18. Robert Smalls House The ruins of this historic church are located just east of Pocotaligo on US Highway 21. S25. Auldbrass Plantation This home was designed and built by Frank Lloyd Wright, between 19. John A. Cuthbert House 1940-1951. It offers a unique combination of traditional plantation Built about 1810, this historic house, on Bay Street in the City architecture with innovative structure and details that reflect the of Beaufort, features excellent interior and exterior woodwork. Lowcountry natural environment, specifically the characteristic cypress trees and live oaks draped with Spanish moss. F-9 Colleton County 1. Isaac Haynes Hall D. Dorchester County North of Jacksonboro off Route 64, this was the ancestral home 1. Middleton Place About fourteen miles outside Charleston on S.C. Highway 51, this of the Haynes Family, which camne from England. A monument erected in About fourteen miles outside Charleston on S.C. Highway 61, this the gardens marks the burial site of Col. Isaac aynes, "the iart plantation has America's oldest landscaped gardens. Middleton Place was the gardens narks the burial site of Col. Isaac Haynes, "the Mahrtyr" -wh~ .was~ hge heBitsh aretoi ugst 87developed by Henry Middleton as a setting for a brick Tudor mansion, who was hanged by the British in Charleston in August, 1871. 2. Pon Pon Chael built in 1738. A later owner was Arthur Middleton, a signer of the Z.Port Pan Chapel The original St. Bartholomew's Parish was established in 1706, Declaration of Independence. It is a National Historic Landmark. The original St. Barthelomew's Parish was established in 1-06, but devastated by Yemassee Indians. In 1725, the General Assembly pro- 2. Old Fort Dorchester - &~~~~~~~~~~~~~~~~~~~~~~O the Ashley River near the mouth of Dorchester Creek, this site vided for construction of the chapel, where John Wesley was to preach o the Ashe River near the uth of Dorchester Creek this site in 1737. A Charleston newspaper recorded that a fire destroyed the contains the ruins of the original trading village and fort of Dorchester, in 1737. A Charleston newspaper recorded that a fire destroyed the church-~ in-~ -, and i iseferedttodyas"theha settlement of New Englanders from Massachusetts. A fort was built on church in 1801, and it is referred to today as "the Burnt Church". 3. Colleton County Courthouse part of the town site in 1775, and the town burned in the Revolutionary 3.Colleton County Courthouse The First Nullification meting in South Carolina was held in this brick building in 1828. Constructed in 1822, it is a good example of the 3. Summerville Historic District work of Robert Hills, its architect. The walls of the Greek Revival Sumerville originated as a pineland summer refuge for Lowcountry * ~~~~~~~~~~~~planters. mhe National Register district of Summerville largely con- structure are 29 inches thick (three bricks deep), and its wrought iron planters. The National Register district of Smnrille largely con- stairway is a unique rustproof feature. forms to the boundaries of 1847 when the village was incorporated. stairway is a unique rustproof feature. 4. Walterboro Jail Originally the streets were laid out without a plan, and winding roads Built in 1855, this Neo-Gothic building served as the County Jail still characterize the older section of town. until 1937. It was designed by noted Charleston architects Jone and Lee. . Cypress Methodist Camp Ground 5. Walterboro Little Library Moved from its original site, where it once served as a focal point for determining the town's boundaries, this frame house with louver shutters was built in 1820. It was a favorite stopping place 5. Carroll Place for area planters when business brought them to the County Seat. It is Located at the intersection of Quaker and Wire Roads, this two- story wooden house is said to be one of the oldest in Dorchester currently used for meetings by the Colleton County Historical Society. story wooden house is said to be one of the oldest in Dorchester County. It served as a stage coach tavern on the Charleston to- F-10ie Carrol Place (continued) Orangeburg Road. 5.Horse Island Shell Ring 5. Indian Fields Methodist Church Catpgroui S. orse Island Shell Ring Dating from before the 1801 visit of Rev. Francis As.hbury, te Just south of Rockville, this prehistoric Indian shell idden founder of American Methodism, this religious cawing area was moved also contains significant early North American pottery remains. 6. Brick House Ruins to its present location in 1848. It contains 99 cabins and an open- 6. Brick House Ruins air tabernacle, and is located on S.C. Highway '3, northeast of St. George. E. Charleston County 7. William Seabrook House (Dodge Plantation) 1. Middleton Plantation 8. Village of Rockville Historic District 2. Presbyterian Manse Rockville was founded by the planters of Kadmalaw and Edisto Islands as a summer refuge from malaria. It contains one late eighteenth century building, twelve pre-Civil Kar buildings and six outstanding structures dating from the late nineteenth and early 3. Trinity Episcopal Church twentieth centuries. twentieth centuries. 9. Hackel Mound Shell Ring A prehistoric Indian shell midden deposited in a ring shape, this site is believed to date early in the second milleuim B.C. I. Fig Island Shell Ring Located near Rockville, at the confluence of Leadenwah Creek and the Southeast of Rockville on Oceola Creek, these Indian shell rings N. Edisto River, it contains some of the earliest pottery known are two of the approximately twenty between the central S.C. coast and in North America. in North America. central Georgia coast. all date from prehistoric times and were the 10. John Seabrook Plantation Bridge (Adm. George Palmer Bridge) sites of significant finds of early North America pottery. Located on the south bank of the Leadenwah Creek, this F-i11 Cooper River to its present location in 1961. structure is a unique example of a late eighteenth century brick 16. Fort Johnson/Powder Magazine highway bridge. This is an area which contains a number of forts, the 11. Arnoldus Vander Hbrst Hbuse earliest dating from 1708. The second fort was built in 1759, and Built around 1770 this structure is a rare example of a a third fort was constructed between 1793-1794 using elements late eighteenth century wooden plantation house. It passed from of the two earlier fortifications. Other structures on the site its builder, James Stanyarne, to Arnoldus Vanderhorst who served included two batteries errected in 1812, two barracks and a as Mayor of Charleston, (1785-1786 and 1790-1792) and as Governor martello tower some years later and a mortar battery in 1861 for of South Carolina (1794-1796). the purpose of firing on Fort Sumter. The powder magazine (1814) 12. #illtown Bluff appears to be the only intact remnant of all the fortifications. The town site is located about 5 miles west of the community 17. Stiles-Hinson-Thompson House of Adams Run. Willtown was one of the earliest and most important I Actually two houses in one, the original one-ai~;one-half story towns in South Carolina, but it began to declie.~tring the mid- colonial farmhouse was built around 1742. Around 1891 a two-and- 1700's and died out after the revolution. one-half story Victorian house was built on to it. Each house 13. Johns Island PresbyteriaitVc;i-rch maintains its architectural integrity. This original wooden building is framed of handsawn lumer 18. Fort Sumter and is put together with wooden pegs. It is considered to be the 18. Fort Su This 19th century fortification was the scene of a South Carolina oldest continuous Presbyterian Church in South Carolina. artillery attack on Federal troops, on April 12, 1861, marking the 14. Fenwick Hall Plantation beginning of the Civil WLar. Located in Charleston Harbor, the fort Near the intersection of River Road and yavbank Highway on was later the scene of a 20 month seige, with the Confederate garrison Johns Island, this two-story brick plantation home was built in withstanding overwhelming Federal attacks. 1730. Except for minor changes, the building retains the appearance 19. U.S. Coast Guard District of its Georgian architectural period. 1 This five acre district contains three buildings (rescue S1. Marshlands Plantation House station boathouse, administration building, carriage house) dating With its unusual Adam mantels and well-balanced proportions, from about 1891 as well as a Spanish-American War army bunker and this house is one of the finest examples of Adam architecture in a 1962 lighthouse. The buildings are fine examples of East Lake the Low Country. It was moved from its original location on the architecture. is F-12 * 25. Charleston Historic District 20. Fort Miultrie ~~~~~~~~~~~20. Fort MoulPbx~~~trie he total area of this district corresponds to the Old and Historic District delineated in the zoning ordinance of the City of Charleston, ratified on August 16, 1966. Charleston's first settlement was in 1670 on the west bank of the Ashley River. The 21. Battery Gadsden town was moved in 1680 to its present location on the peninsula Built to protect Charleston harbor, this fortification is one between the Ashley and Cooper Rivers. Charleston's early econo ' ~~~~~~~~~~~~between the Ashley and Cooper Rivers. Cherleston's early econom. of a series of batteries stretching from Fort M.ultrie to the end of was based on the planting of rice and indigo, and the town became Sullivans Island. Its four gun emplacement is unique among batteries the largest and wealthiest metropolis south of Philadelphia. of this period on the island. Guns and machinery were removed in 26. Bethel Methodist Church 1917. In 1795 the property was acquired for a Methodist burial 22. Battery Thompson ground. A Methodist meeting house was built there in 1798 and This two, 10' gun, coastal defense battery was established to the present building was begun in 1852. comimand the entrance to the Charleston harbor jetties. Machinery and 77. William Blalock House guns were removed in 1947. ~~~~~~~~~guns were removed in 1947. ~This house, made of Carolina grey brick is an outstanding 23. MO-eod Plantation example of a Charleston "double" house. An exquisite fanlight over the The country house built by William 'kLeod around 1858 was front door, marble keystones and a double set of steps are some of altered in the early 1900's to become a good example of Greek its outstanding features. (This structure is a National Historic Revival architecture. The grounds contain an avenue of well Landmark). preserved wooden slave cabins. 28. Daniel Blake House 24. Castle Pinckney This double house dates from 1764-1772. Located at Court Named in honor of Charles Cotesworth Pincknev, U.S. Commissioner House Square in the City of Charleston, it is a fine example of to France (1797), this fortification was constructed just before English bond brickwork, and has noteworthy wrought iron porch ' ~~~~~~~~~~~~~~~~~~English bond brickwork, and has noteworthy wrought iron porch the Wiar of 1812. It was used to house prisoners during the War railings and interior woodwork. Between the States. 29. Branford-Horry Hobuse This fine "double" house was built around 1751 by William F-13 1798 until 1835 at which time it was bought by the Charleston Branford. Its portico which extends over the public way was built Library Society. In 1916 the Library Society sold the building in the 1830's by Elias Horry, great-grandson of William Branford. to the Charleston Chamber of Commerce which, in turn, sold it The house contains a wealth of fine Georgian woodwork. in 1966 to the Citizens and Southern National Bank of South 30. Miles Brewton House Carolina. The building is thought to be the oldest bank building This fine old house is considered to be one of America's out- in the United States still in use as a banking office. standing Georgian mansions. Built by the prominent and wealthy 34. College of Charleston Miles Brewton and inherited by his sister, Mrs. Rebecca Brewton Chartered in 1785 and officially opened in 1790 the College ;Mbtte, Rev. war heroine. The house was commadeered as headquarters of Charleston is noted as being the first monicipal college in for General Sir Henry Clinton during part of the American Revolution America. The old "main building" built in 1828 is handsome Greek and again in 1865 for Federal officers. CThis structure is a Revival structure. The College of Charleston is a National Historic National Historic Landmark). Landmark. 31. Robert Brewton House 35. Dock Street Theatre This house is one of the earliest remaining examples of the This building is located on or near the site of the first Charleston "single" house; a long, narrow building one room wide theatre of Charleston, the Dock Street Theatre. The present Dock and two rooms deep with the narrow end facing the street. (This Street Theatre is a creation of an 18th centuryv continental theatre structure is a National Historic Landmark). within the old shell of the 1803 Planters' Hotel. The only original 32. Charleston's French Quarter District parts of the hotel interior which remain are the lobby, staircase, This area today is located at the edge of '"ld and Historic and the two rom above the lobby. The woodwork and carvin.g in the Charleston" and is the section where the Huguenots once had ware- and the two rooms above the lobby. The woodwork and carin in the lobby and upstairs rooms are from the Judge King House, since houses and dwellings. Lodge Alley is one of the oldest streets demolished. in Charleston and is a visual example of the city's Old IWorld ties. demolished. The ten foot wide passage paved in "Belgian Blocks" served as a thru- 36. The Exchange and Provost Built between 1769-72 the Exchange and Provost is one of the way for merchants, allowing them access from their homes on State most historic buildings in America. "In January, '1-75, the Provincial Street to ships on East Bay Street. Congress assembled here to set up the first independent government 33. C B S National Bank of S.C. Building This building was used by the Bank of South Carolina from established in America and to elect delegates to the General Congress This building was used by the Bank of South Carola from * * G~~~ place where DuBose Heyward wrote his famous story of Porgy. The which met later in Philadelphia." (Historic Charleston Guide- hoe is a National Historic andmark. house i5 a N8ational Historic Lanbmark. book, complied and originally published as Across the Cobble- 41. Hyward-Washington use 41. Haymard-Washinnton Htouse stones by The Junior League of Charleston, Inc.) Th e building This fine Georgian town house was built in 1770 by Daniel is perhaps best known as the place where President George Heyward, the founder of a great rice-planting dynasty. Daniel's Washington was officially received during his visit to Charleston son, Thonas Heyward, a signer of the Declaration of Independence, in ,~y, 1791. The cellars beneath the building served as a leased the house to the city of Charleston as a residence for British dungeon, '"The Provost", during the Revolution. The British geon, he Provost", during the Revolution. The President George Washington during his visit to Charleston in building is a National Historic Landmark. 37uilding is a nd Excha tiongeal Histo cBad rk . 1791, thus the name Heyward-Washington House. The house is a 37. Farmers and Exchange Bank National Historic Landmark. This old building is a fascinating example of Moorish 42. Hibernian Hall gothic architecture. It is used today by a law firm and is ilHts Greek Revival structure was built by the Hibernian a National Historic Landmark. Society, an Irish fraternal order, which still owns and uses the ~~~~~~~~~~~~38. Fireproof Building ~building today. Each year this hall is the scene of the St. Cecilia Originally intended to safeguard public records, this was theOfrst mlly fire-resisto afeg r pui bl ing rc this o s Ball, the most famous social event in the South. The building is the first completely fire-resistant building in this countr. a National Historic landmark. a National Historic Landmark. It was erected between 1822 and 1826, and has been described as 43. Huguenot Church "sternly beautiful". The building is now owned by the County of Built in the Gothic style, this church building is the fourth 3.WCharllaesHton. to stand on this site. Many Huguenots, fleeing persecution in 39. Willian Gibbes Fbuse France, established themselves in and around Charleston. They began The height of Charleston's Georgian period can be seen in worshipping at this site about 1687. The Huguenot Church is a this beautiful mansion. The upstairs ballroom is considered to be one ina istorc National Historic Landmark. of the most beautiful rooms in America. The house is a National 44. McCrady's Tavern and Long Room Historic Landmark. This rectangular brick building was acquired by Edward MkCrady, 40. DuBose Hayward House a Charleston barber, and was operated as a tavern. The Long Room Number 76 Church Street, Charleston, is noted as being the was constructed in 1788 as an adjunct to the tavern. It is a one- F-15 room, multi-purpose building which was used for balls, music within the city limits. One of its past owners was George A. Trenholme, festivals, etc. In 1791 President George Washington was Secretary of the Treasury of the Confederacy. Today it serves as entertained there. a nationally known school for girls. 45. Joseph Manigault House 49. Old Marine Hospital Constructed of Carolina grey brick and laid in Flemish bond, Designed by the well known Charleston architect, Robert Mills, the homse forms a geometric figure and is an outstanding example this building exemplifies the Gothic revival style of architecture. of Adam style architecture. It was designed by Gabriel Mhnigault for It is presently used as Housing Authority Headquarters for the City his brother Joseph. The house is a National Historic Landmark. of Charleston. 46. Market Hall and Sheds SO. The Circular Congregational Church Erected between 1788 and 1804 the City Market sheds stretched The first church on this site was a small looden structure for six blocks from Meeting Street to the Cooper River. Market Hall built in 1681 which housed a congregation of Huguenots, Presbyterians was erected at the head of these buildings in 1841. It is a fine and Congregationalists. It was replaced in 1S04 by a Pantheon-like example of Roman Doric. The hall presently houses the Confederate church which burned in 1861. The present structure was built by using Museum and is operated by the United Daughters of Confederacy. the bricks from the burned building. This church building is a 47. Clark Mills Studio National Historic Landmark. An equestrian statue of General Andrew Jackson placed in 51. Powder Magazine Lafayette Park in Washington established the reputation of Clark This building, built around 1713, is one of the few buildings Mills who pioneered in the casting of bronze statues in America. in Charleston which has survived from the days of the Lords Proprietors. In his Charleston studio on Broad Street he carved a marble bust of Constructed for storing powder its 2'8" thick walls and heavy John C. Calhoun for which the City of Charleston awarded him a gold groined vaulting are made of brick and oyster shell mortar. medal. 52. Robert Barnwell Rhett House 48. James Nicholson House This dwelling was the home of Robert Barnwell Rhett from A classic villa on a very grand scale, this house was built 1856-63. Known as the "Father of Secession", this U.S. Senator in the fashionable suburb called Cannonsboro which today is well composed the "Address to the Slaveholding States". His son was the editor of the Charleston 'ercury. * *6 v 53. Robert William Roper House second chief justice of the Supreme Court of the United States. It is probable that the architect Edward Brickell White The house is a National Historic Landmark. designed this mansion. The beautiful Greek Revival portico, 58. St. Michael's Church dramatically high ceilings and tall windows and doors make St. Michael's is the oldest church edifice in Charleston, this house truly grand. and except for the addition of the sacristy, the building remains 54. Thomas Rose House unchanged. Its bells, imported from England in 1765, are beloved Built arountmd 1735 this house is a fine example of the for their connection with Charleston's history. The building is early Georgian period. The exterior lines are simple and solid; a National Historic Landmark. the house has two floors instead of the three so typical in 59. St. Philips Church Charleston. St. Philip's congregation is the oldest in the state. The SS. Nathaniel Russell House original building was located at the present site of St. Michael's This house, completed in 1809, is the finest example of Church. When the growing congregation needed more room, a new Charleston's Adam architecture. It was built by Nathaniel Russell, church building was built on the Church Street site; this building a native of Rhode island, who moved to Charleston and became one burned in 1835. The third and present building was built between of her most prosperous merchants. The house is now owned by and 1835-38. The building is a National Historic Landmark. serves as headquarters for the Historic Charleston Foundation. 60. Simmons-Edwards House The house is a National Historic Landmark. Built by a Johns Island Planter, Francis Simmons, this single 56. Edward Rutledge House house was later owned by George Edwards. Edwards added a garden Built for James Laurens, this house later was owned by Edward and formal entrance. The house is a National Historic Landmark. Rutledge, a signer of the Declaration of Independence. The house 61. South Carolina National Bank of Charleston is a National Historic Landmark. This building was erected for the Charleston branch of the 57. Governor John Rutledge House Second Bank of the United States and was acquired by the Bank of This house was owned by John Rutledge who served as President Charleston in 1835. The name was changed to the South Carolina of the Independent Republic of South Carolina during the Revolutionary National Bank in 1926. War and later as governor of the state. He later served as the 62. South Carolina State Arsenal The Denmark Vesey slave uprising of 1822 resulted in the F-17 construction of this arsenal which was converted to the Gothic weight. It is interesting from both an engineering and an style in 1849. This building housed the S.C. Military architectural standpoint. Academy from 1843-1922, and today it serves as a Charleston 67. U.S. Post Office and Courthouse County Office Building. This beautiful Renaissance Revival structure was built of 63. Col. John Stuart House Winnsboro, S.C. granite. It is an appropriate expression of the This house was built around 1772 by Col. John Stuart, Indian late 19th century. Comaissioner for the Southern Colonies. The carving of the over- 68. Central Baptist Church mantels is some of the finest in the City of Charleston. The house This clapboard structure was built around 1893 by a black is a National Historic Landmark. congregation and has been continuously used since that time. 64. Sword Gates HoImuse The church is significant in terms of black history and folk art The premises at 32 Legare Street are valuable because of the and is one of the first black churches founded and built solely famous Sword Gates as well as the fine wooden house with its masonry by blacks in Charleston. It serves as an example of the Carpenter addition. The gates, with their design of Roman swords and spears, Gothic vernacular style of architecture. were forged about 1838 by Christopher Werner, a famous Charleston 69. St. Mary's Roman Catholic Church ironsmith. The house (now 111 Tradd Street), which served as a The church was incorporated in 1791 and a church building was seminary for young ladies from 1819-1849, contains a beautiful Adam constructed on the site at an unknown date. This first structure ballroom. was replaced by a brick building which was destroyed by fire in 1838. 65. Unitarian Church The third and present building built in 1839, is a two-story This building was remodeled in 1852 to resemble the chapel of stucco over brick structure with massive Doric columns. Henry VII in Westminster Abbey. The congregation was an offshoot 70. Old Bethel United Methodist Church of the Congregational Church, and was rechartered as the Unitarian Begun in 1797 and completed in 1808, this is the oldest Church in 1839. It is the oldest Unitarian Church in the South. The Methodist church building in Charleston. Originally located at building is a National Historic Landmark. the corner of Pitt and Calhoun Streets, it served a congregation of 66. U.S. Customhouse blacks and whites until the 1840's when the blacks seceded. The Begun by 1853 and finished after the Civil lWar this beautiful church was moved to the western part of the church grounds in , -classic building uses an elaborate grillage to support its 75. William Aiken IHouse and Associated Railroad Structures 18S2 and was then used by blacks alone. In 1880, the church building was given to the black congregation and was moved once again to its present site on Calhoun Street. 71. Kahal Kadosh Beth Elohim Synagogue 76. Site of Old Charles Town In April 1670, three English ships landed on the west bank of the Ashley River at a place known as Albermarle Point and founded Charles Towne, the first permanent settlement in Carolina. Ten 72. Mount Pleasant Historic District years later the town was moved to the pDeninsula between the Ashley Significant buildings in this old section of Mt. Pleasant and Cooper Rivers. The historic area of Albermarle Point is today a document its history with architecture. Styles range from the state park called Charles Towne Landing. Colonial and early Federal period through the Victorian age and 77. Ma lia Cemetery many buildings attest to the town's cultural, religious and political endeavors. 73. St. Andrews Parish Church St. Andrews Parish was one of ten parishes established in 78. Paul Pritchard Shipyard the colony's political divisions under the Church Act of 1706. A Located several miles north of Mt. Pleasant this site small church building was begun on this site in 1706, and its walls, was being used for shipyard in 1706 when it was burned by a used in the nave of the present structure, represent the oldest French and Spanish invasion fleet. It was rebuilt and used example of church architecture in the state. until about 1922. Paul Pritchard built ships there for S.C.'s 74. Old Court house Navy during the Revolutionary Wliar. Located on King Street in Mt. Pleasant, this building was erected 79. Snee Farm in 1884 and used as a court house until 1898, during the period when Built in appriximately 1754, this plantation was the home Mt. Pleasant was the county seat of Berkeley County. It is the only of Charles Pinckney, a framer of the U.S. Constitution, a Governor example of commercial Victorian architecture in Mt. Pleasant. of South Carolina, and U.S. Minister to Spain. The farm is located on S.C. Highway 97, near Mt. Pleasant. F-19 80. Christ Church ~~~~~~~~~~80. Christ Church ~the most comprehensive slave codes adopted in the English colonies. This building was a parrish church and used as the Ashley Hall Plantation administrative center of the colonial govermnent. The original Originally the home of the Bull family who were outstanding walls, erected in 1726, were destroyed by British soldiers, but in South Carolina politics from 1670-1860. The area contains an later rebuilt. It is located six miles north of Mt. Pleasant Indian mound, the ruins of a 1710 house and the Stephen Bull house on U.S. Highway 17. of 1670 81. Auld Munt . John Drayton House Dating from the second millenuin B.C., this Indian shell his magnificant structure is probably the finest example of midden stands about 6 feet above the surrounding swamp, with the Georgian architecture in America. It was built by John Drayton ring itself 2-3 feet higher that the central area. It lies about whose son, William Hnry Drayton, was a Revolutionary patriot. whose son, W~illiam Henry, Drayton, was a Revolutionary patriot. one mile off U.S. Highway 17 near Mt. Pleasant. Drayton Hall was saved from burning and pillage in 1865 because of Z. Buzzard's Islan Shell Ring its use as a hospital for smallpox victims. The house is a National Located Mear Mt. Pleasant, southeast of U.S. Highway 17, Historic Landmark. this ring-shaped shell midden dates from a prehistoric Indian 7. Magnolia Gardens M..agnolia Gardens era. It is about 178 feet in diameter and stands no more than This estate was named Magnolia-on-the-Ashley and has been in 3 feet above sea level. the Drayton family since 1671. One of its owners, John Grimke-Drayton, 83. Oakland Plantation dr- -eloped the famous gardens, importing the Camellia Japonica and This clapboard house of hand-hewn black cypress sits on a the Azalea Indica for which the gardens are so well known low foundation of bricks made from oyster-shell line. Built on 8 Sewee Shell Ring land originally granted by the Lords Proprietors in 1696, this Near the intersection of U.S. 17 and Awendaw School Road, this Near the intersection of U.S. 17 and Awendaw School RDoad, this dwelling is probably the oldest house in Christ Church Parish. dwelling is probably the oldest house in Christ Church Parish prehistoric Indian Shell midden measures about 149 feet in diameter. 84. Stono River Slave Rebellion Site Harrietta Plantation ;9. Harrietta Plantation On this site, slaves under the leadership of an Angolan This wooden two-story dwelling was probably begun in the 1830's. slave Jemmy, attacked the Hutchinson warehouse located near the Resting on high brick foundations, it is built in the Charleston single river. After killing two guards and seizing arms they moved on house style. toward Savannah. This insurrection led to the passage of one of *O~~~~ O~~~~~F-20 90. St. James Santee Episcopal Church This church building with its brick exterior and cypress '. St. Thomas Episcopal Church interior is one of the most beautiful of the Low Country's On the Wando River near Cainhoy on County Highway 98, parish churches. Erected when the Episocpal faith was the this small brick church was built in 1819. Behind the church state religion, it was used as a center for colonial govern- there is a rare vestr building. mental administration. The building is a National Historic Land- S. Medway Plantation This private residence, near Mtount Holly off U.S. 52, was mark. ~~~~~~~~91. Fairfield Plantation ~built by Landgrave Thomas Smith, a noted Colonial politician, 9t. Fairfield Plantation Originally owned by the Lynch family, the house passed into in 1-12. It serves as a fine example of baroque the hands of Jacob ?btte, one of the Colonial treasurers of South architecture. Carolina. M.otte enlarged and altered the house as did members of 4. Middleburg Plantation the Pinckney family who subsequently became its owners. It is the Located off S.C. Highway 98 on the East Branch of the Cooper oldest house in the old parish of St. James Santee. River, this is the oldest known wooden house still standing *92.~ Fiampton Plantation ~~~in South Carolina. It was built by Benjamin Simons in 1699. 92. Haapton Plantation This beautiful house is located on the western bank of the (This structure is a National Historic Landmark). South Santee Rivers. Hampton was visited by President George S. Pompion Hill Chapel Washington in 1791. The Hampton Plantation is also a National Built in about 1767, this chapel near Huger off S.C. Highway Historic Landmark. 41 was intended as a chapel of ease to the main parish church. 6. Strawberry Chapel Berkelev County *Berkeley~~~~~~~ County ~~~Built in about 1725, this chapel is the only surviving building 1. St. James Goose Creek Church from the planned colonial town of Childsbury. It is located at Architecturally one of the finest churches in the South the South end of S.C. Highway 402, and represents a rare architectural Carolina Lowcountry, it is the oldest Anglican Church building example of the Episcopal Chapel of Ease of this period. still standing outside of Charleston. It escaped destruction 7. Calais Hile Stone during the Revolution because there were British Royal Arms above the altar. It is located about a half mile east of U.S. Highway 52 in Goose Cieek. (This structure is a National Historic Landmark). 8. Tavon Church ;. Georgetown Countv 1. Hopsewee Plantation This historic home on the North Santee River was the plantation of Thomas Lynch, a signer of the Declaration of 9. Thomas Broughton OMlberry) Plantation independence. It was part of a grant from King George II, Near .bncks Corner on the West Branch of the Cooper River, and the black cypress building was constructed between 135- and he lac .cpress building was constructed between 1735- this house represents the transition from the ethnic colonial 40. It is open to the public as an historic house mseum architectural style to the formal eighteenth century Georgian style. 2. Annandale Plantation It was used as a fort during the Yemassee Indian iWar of 1715 Annandale was a plantation prior to 1791, and its and as a British outpost in 1-81. (This structure is a National original name was Millbrook. It was here, in 1792, that Jonathan Lucas Historic Landmark). built the first rice pounding mill operated by tidal flow. The 10. Lewisfield Plantation stately columed Plantation house was built in 1833 by the Standing high off the ground and oriented to catch sumer Johnstone family. breezes, this home was built about 1774. Its high ceilings and 3. Georgetown Lighthouse porch shading the principal rooms is characteristic of Lowcountry Built in 1811 this lighthouse stands on land which was donated plantation houses. to the United States by Paul Trapier in 1789. The structure is 11. Lach Dhum Plantation built of brick with the stairs and a center supporting post of This two story wood house on a low brick foundation wastone. solid stone. built by Robert J. Kirk, a cotton planter. The house is one of 4. Georgetown Historic District the few remaining plantation houses of the upper half of Berkeley County. .2. St. Stephen's Episcopal Church In St. Stephen, near the junction of U.S. Highway 52 and S.C. S. Prince George, Winyah, Episcopal Church Huse Highway 45, this church is a beautiful example of religious his frame house, built in 1825, was used as coand head- This frame house, built in 1S2S, was used as command head- architecture of the period. The building was also used as an quarters by the U.S. Troops that occupied the City of Georgetown administrative center of colonial government. (This structure is in the Civil War. At the corner of Broad and Highmarket Streets, a National Historic Landmark). it t s the offices and meeting house for the Episcopal F-22 congregation of Georgetown. 11. Brookgreen Gardens 6. Old Market Building 18 miles Northeast of Georgetown on U.S. Highway 17. On Front and Screven Streets, this two-story brick structure 12. Chicora Wood Plantation was erected as a town hall and public fresh air market in 1835. This plantation was originally granted to John Al11ston of It replaced an earlier structure destroyed by hurricane in 1822. Berkeley in 1732, and remained in the Alston family for The lower floor was enclosed in the 20th century, and today the generations. One of its owners, Robert Francis Withers AlIston, building houses the Rice Museum. a governor of South Carolina, was one of the best known rice 7. Arcadia Plantation planters in the Lowcountry. The plantation house was built sometime before 1819. H. Horrv County 1. Hebron Church 8. Pawlevs Island Historic District 2. Old Horry County Jail 9. Mansfield Plantation Located on Main Street in Conway, this brick structure was built in 1820 for the County jail. It was renovated and used as a hotel between 1920 and 1966. Plans are in the making for renovation to a museum by the City of Conway, the present owner. 10. Prince Frederick's Chapel In 1877 upon completion of Prince Frederick Church, the old chapel building on the site was moved to Plantersville. This building, known as Prince Frederick's Chapel was consecrated on July 23, 1879. Some of the silver used in this chapel is the original silver given to the church by Prince Frederick of Wales. F-23 Appendix G FEDERAL AGENCY CONTACTS Michael Kngeorge, Regional Rep. Gen. Kenneth McIntyre, Div. Engineer Mr. James R. Westlake Mr. Charles N. Straub ~Michael K~~a~~ge~orge, Regional Rsp. Deputy Secretarial Representative Assistant Regional Administrator for Department of Agriculture South Atlantic Division U. S. Department of Commerce Community Planning & Development 1720 Peachtree Street 30 Pryor St., ivision Suite 300, 1365 Peachtree St., N.E. Dept. of HUD, Regional Office Atlanta, Georgia 30309 Atlanta, Georgia 30309 Pershing Poin t Plaza 1371 Peachtree St., N. E. Mr. Dave Rosdahl Mr George Allen Mr. William H. Stevenson Atlanta, Georgia 30309 Forest Service Cops of Engineers RegNational Director, Southe asternvice Mr. Richard J. Hooglnd Francis Marion - Sumter National Forests S. Atlantic Division National Marine Fisheries Service Mr. Richard J. Hoogland 1801 Assembly Street. S St. is 9450 Koger Boulevard National Marine Fisheries Service 1801 Assembly Street 30 Pryor St., S. W. 9450 Koger Boulevard Columbia, S. C. 29201 30 St. Petersburg, Florida 33702 9450 Koger Blvd. St. Petersburg, Florida 33702 Mr. Jim Wels, CZM Coordinator, SA/R8 r. Knnt Fgg Ms. Gal Limerick U. S. Forestion Service Department South Atlantic Fishery Management Mr. Randall P. Cheek U20 S. Fores Servic U. S. Army Engineer District, Charleston Councilrea Supervisor 1720 Peachtree Street Corps of Engineers orEnr uesor ment Atlanta, Georgia 30309 P. 0. DlO 919 Southpark Building Environmental Assessment Branch (6) Charleston, S.C. 29402 Charleston, S. C. 29402 1 Southpark Circle, Suite 306 National Marine Fisheries Service Charleston, S. C. 29407 P. 0. Box 570 Mr. G. E. Buey, State Conservationist Beaufort, N. C. 28516 CoL. William W. Brown, District Engineer U. S. Department of Agriculture Department of the Army, Charleston Mr. John Phillips Soil Conservation Servicet Office of Coastal Zone Man agement Mr. Bill Rankei n 240 Stoneridge Drive Corps of Enneer s 3300 Whitehaven Street Director of Resource Applications Columbia, S. C. 29210 P. f Box Washington, D. C. 20235 D epartment of Energy chief. 0. POX 919 cin.,tl-al Energy Resource Development Mr. Camile LaCombe Charleston, S. C. 29402 RADM A len L. Powell 1655 Peachtree St., N. E. R eal Property. Office Mr. John Carothers Director, National Ocean Survey Atlanta, Georgia 30309 U. S. Department of Agriculture CZM Coordinator 6001 Executive Blvd. Southern Region Dept. of the Army, Chas. District Rockville, Maryland 20852r P. 0. Box 53326 Environmental Officer New Orleans, La. 70153 P. S Box 919 Mr. Robert L. Safarik, Port Develop- HUD, Columbia Area Office P.hi Tit l e Buii4ing Mr. Paul Re Ms. Sament Officer 1801 Main Street, Jefferson Square Mr. Robert L. Wong Maritime Administration, Eastern Region Columbia, S.C. 29201 Chief, Environmental Planning Div. Col. Frank Walter, District Engineer 26 Federal Plaza USAF Regional Civil ngineer-Eastern U. S. Army Engineers, Savannah District New York, New York 10007 Ms. Carol B. Doyle Regio n P. . Box 889 Flood Insurance Specialist 526 Title ulgSavannah, Georgia 31402 Mr. Lee Brand, CZM Coordinator Federal Insurance Adm., HUD 30 Pryor St., S. W. Economic Development Administration 1371 Peachtree St., N. E. Atlanta. Georgia 30303 Mr. Steven Osvald Southeastern Regional Office Atlanta, Georgia 30309 U. S. Army Engineers, Savannah District Suite 700, 1365 Peachtree St., N. E. R/Gen. Tedd L. Bishop P.O. Box 889 Atlanta, Georgia 30309 Mr. Roy K. Wood Commander 437th MAW Special Assistant to the Secretary Savannah, Georgia 31402 U. S. Dept. of the Interior Charleston Air Force Base, S. C. 29404 Mr. Heyward Hamilton U S. Dept. of the Interior Mr. Paul S. Metz, Jr. ERDA Representative 148 International Blvd., N. EF. Mr. Thomas D. Sims CZM Coordinator Div. of Biomedical & Environmental Room 410 Community Planner, Environmental U. S. Army Engineers, Savannah District Research 30303 Planning Division P. . Box 889 Department of Energy USAF Regional Civil Engineer-Eastern Savannah, Georgia 31402 Washington, D. C. 20545 Mr. Jim Lee Region U. S. Dept. of the Interior 52G Title Building Mr. aul emmnn Ms. Sara V. Craig 148 international Blvd.. N. E. 30 Pryor St., S. W. Secretarial Representative Pi-incipal Regional Official Room 410 Atlanta, Georgia 30303 11. S. Department of Commerce Dept. of HEW, Region IV Atlanta, Georgia 30303 (6) Suite 300, 1365 Peachtree St., N. E. 101 Marietta Tower, Suite 1403 Atlanta, Georgia 30309 Atlanta, Georgia 30323 G- 1 Mr. William D. Overstreet Mr. Joe Brown Mr. John Rankin, Manager Commanding Officer Assistant Director Regional Director Outer Continental Shelf Office Southern Division U. S. Geological Survey-MS 109 National Park Service Bureau of Land Management Naval Facilities Engineering Command 12201 Sunrise Valley Drive 1895 Phoenix Blvd. lHale Boggs Federal Building P. O. Box 10068 Reston, Virginia 22092 Atlanta, Georgia 30349 500 Camp Street 2144 Melbourne St. A'l'TENTION: Robert Schoen, (CZM Coord. (3) New Orleans, La. 70130 Charleston, S. C. 29411 ATTENTION: John Murray, Code 20B Mr. C. L. R. Iolt, Jr. Mr. Kim M. Fene, Park Planner Mr. Ilarold P. Sieverding, Asst. Mgr. Regional Program Officer National Park Service Outer Continental Shelf Office, BILM Capt. W. K. Peery Geological Survey 1895 Phoenix Blvd. Hale Boggs Federal Bldg., Suite 841 Asst. Chief of Staff, Ops. & Logistics 1459 Peachtree St., N. E., Suite 200 Atlanta, Georgia 30349 500 Camp Street Sixth Naval District Atlanta, Georgia 30309 New Orleans, La. 70130 Charleston, S. C. 29408 Mr. Pingree Crawford, Superintendent Mr. John S. Stallings, Distr. Chief Fort Sumter National Monument Mr. Randolph J. Clement Commanding General Water Resources Div., Geological Survey P. O. Drawer R Outer Continental Shelf Office (Attn. G4) 2001 Assembly St., Suite 200 Sullivans Island, S. C. 29482 Bureau of Land Management Marine Corps Recruit Depot Columbia, S. C. 29201 Hale Boggs Federal Bldg., Suite 841 Parris Island, S. C. 29905 Mr. Kenneth E. Black 500 Camp Street Mr. Robert Schoen Regional Director New Orleans, La. 70130 Col. Paul Siegmund, Commanding Officer Coordinator, CZM Act U. S. Fish and Wildlife Service Marine Corps Air Station RAIAI Program, LIA P. O. Box 95067 Mr. Robert M. Baker, Reg. Director Beaufort, S. C. 29902 U. S. Geological Survey Atlanta, Georgia 30347 Heritage Conservation & Recreation National Center - MS 751 (3) Service Mr. D. R. Geoffrion, Deputy Sec. Rep. Reston, Virginia 22092 148 International Blvd., N. E. U. S. Department of Transportation (6) Dr. James B. Kirkwood Room 525 Suite 515 U. S. Fish and Wildlife Service Atlanta, Georgia 30303 1720 Peachtree Road Mr. Wilbert Dare, Chief P. O. Box 95067 Atlanta, Georgia 30309 Office of Environmental Coordinator Atlanta, Georgia 30347 Mr. Steven IL Price BOM Heritage Conservation & Recreation Mr. Doug RI Campion, Reg. Director Columbia Plaza Mr. Dolg Winford Service Urban Mass Transportation Administration 2401 E. Street, N. W. Div. of Ecological Services 148 International Blvd., N. E. Suite 400 Washington, D. C. 20241 U. S. Fish and Wildlife Service Room 525 1720 Peachtree Rd., N. W. (3) P. 0O. Box 12559 Atlanta, Georgia 30303 Atlanta, Georgia 30309 Charleston, S. C. 29412 Mr. Robert L. Pavlovich (9) Mr. Harry A. Rainbolt, Director Mr. Ivan C. Jenkins, Director CZM Coordinator Mr. Lowell Udy, State Director Southeast Agencies Office of Environment and Design U. S. Bureau of Mines Eastern States Bureau of Indian Affairs Region 4, Federal Highway Administration 2401 E Street, N.W. Bureau of Land Management 1951 Constitution Avenue 1720 Peachtree Rd., N. W., Site 200 Columbia Plaza, Room 1002 7981 Eastern Avenue Washington, D. C. 20242 Atlanta, Georgia 30309 Washington, D. C. 20241 Silver Spring, Maryland 20910 Mr. Jeseph B. Wilikie Mr. Charles W. Klemstine Mr. Gordon Leaf Mr. Ray Arndt, Natural Resource Specialist Civil Engineer Environmental Coordinator Eastern Field Operations Center Eastern States Office Bureau of Indian Affairs Federal Highway Administration Bureau of Mines Breau of ILnd Management 1951 Constitution Ave., N. W. 2001 Assembly St., Suite 203 4800 Forbes Avenue 7981 Eastern Avenae I ons . Co. 4800 Forbesn Avenue Washington, D. C. 20245 Columbia, S. C. 29201 Pittsburglh, Pa. 15213 Silver Spring, Maryland 20910 Mr. John Barnum Mr. Jim Thomas, Chief Mr. llewson Lawrence, Liaison Officer Mr. Claude A. Martin, Asciate lireetor Pollution Control Section Office of Pipeline Safety Operations U. S. Bureau of Mines Eastern States Office Department of Justice Materials Transportation Bureau Room 403, Columbia l S itding Bureau of Land Management Washington, D. C. 20530 Suite 200-B Main and Gervais Streets 1568 Willingham Drive 7981 Eastern Avenue ollee ark, Georgia 30337 Columbia, S. C. 29201 Silver Spring, Maryland 20910 RADM Roy F. lloffmann Commander Naval Base Charleston, S. C. 29408 * *2 Capt. R. L. Madson Regional Engineer Chief, Marine Safety Division Federal Energy Regulatory Commission 7th U. S. Coast Guard District 730 Peachtree St., N. E. Room 1225, Federal Building Atlanta, Georgia 30308 51 SW First Avenue Miami, Florida 33130 Mr. Mac Rogers Federal Railroad Administration Mr. Chuck Williams Suite 216-B Environmental Coordinator 1568 Willingham Drive 7th U. S. Coast Guard District (mep) College Park, Georgia 30337 Room 1225, Federal Building 51 SW First Avenue Mr. Al Baldwin, Executive Director Miami, Florida 33130 Southeastern Federal Regional Council 101 Marietta Tower, Suite 2121 FEDERAL AGENCY CONTACT LOG Regional Administrator Atlanta, Georgia 30323 EPA, Revion IV 345 Courtland St.. N. E. Dr. Claud Anderson, Federal Co-chairman Atlanta, Georgia 30308 Coastal Plains Regional Commission (2) 1725 K Street, N. W. phone meeting Suite 413 Method of Contact: phone meetin Mr. Reginald Rogers Washington. D. C. 20006 ~~~~~~~~~~~EPA, Region IV ~Name of Agency: 345 Courtland St., N. E. Mr. John T. Brown Atlanta, Georgia 30308 Heritage Conservation & Recreation Name of Contact: Service Mr. Michael Levi 148 International Blvd., N.E., Room 525 EPA, Region IV Atlanta, Georgia 30303 Summary and/or purpose of communication: 345 Courtland St., N. E. Atlanta, Georgia 30308 Mr. Frank W. Younmg, Sr., State Program Officer Mr. Donald E. Allen, Acting Reg. Rep. Office of State Programs Department of Energy Nuclear Regulatory Commission 1655 Peachtree St., N. E. Washington, D. C. 20555 Atlanta, Georgia 30309 Mr. Donovan E. Hower, Director Additional Remarks: Mr. Lewis D. Strom, Reg. Adm. Land Management Service General Services Administration Veterans Administration 1776 Peachtree St.. N. W. Office of Construction Atlanta, Georgia 30309 Washington, D. C. 20420 Mr. Ron Johnston Mr. Harold E. Little, Chief General Services Administration Airports District Office 1776 Peachtree St.. N. W. Federal Aviation Administration Signature: Atlanta, Georgia 30309 1568 Willingham Drive Suite C, Room I1f6 Mr. Louis A. Ganna College Park, Georgia 30337 Marine Mammal Commission 1625 I Street, N. W. Washington. ). C. 20006 Mr. Warren Zurn Resource Applications Specialist Department of Energy lfi655 Peachtree St., N. E. Atlanta, Georgia 30309 G-3 COASTAL PLAINS REG IONAL. COINVIISSON DEPARIMEiNl OF AGRICUULI)Rr- Agricultural Research Service FE 11MUD - ~~~ NAME 11-MAS DATE ME 10D NAM REKMARS '14/77 letter to Dr. Claud Anderson frost D~incan Newkirk, Re: Federal 11/17/77 letter to Camile LaCombe from Duncan Newkirk, Re: federal lands lands. 2/77 memo to Federal contacts from Anhm Adkins, Re: Draft Final 12/2/77 momu to Federal contacts from Ann Addldns, Re: Draft Rules F, Regulat ions Final Rule~ 6 Pegulat ivn . '27/77 memo to Federal contacts from Anan Adkins, Re: 11CCdraft 12/27/77 memo to Federal contacts from Anni Adkin~, Re: CIAVC draft. /178 menu to Federal contacts from Ann Adkins, Re: News shfeet I!/7 merw, to Federal contacts from Ann Adkins, lPe: >; hoot program outline and schedule, program out line and qchcdule, permits processed in 1917 and permits proces-sed in 1l'7an coordination meetings, coordination suet ing-. 3/7R memo to Federal contacts from Ann Adkins, Re: Draft Repo~rt 3/13/78 memo to Federal Agency contacts from Senator Waddell , Rte: I'ra Ft "Legal Analysis and Goals and report, "Legal Analv~i, a4nd Goals Objectives". Request for and Objectives". req-1est for comsents and suggest ions. cosisents and sugstoq ~~8/78 swan to Federal contacts from Wayne Beim, Re: Federal -3f28/78 memo to Federal A~gency contacts from IL hayne Beam, Re: FederalI Agency Contact List requesting, Agency lContact list. FKekjurm~t for review and up~dated information, reViell- and up-dated inforrmation. menus ax to Federal contacts from IL. Wayne Beaml, Re: ational 5/31/78 me Mo to Federal AXgency Contacts from II. favrne Beams. RO: \at ional interest and Federal consistency Interests and Federal Consistency questionnaire. quest ionnlalre. 1/78 letter from Coastal Plains Regional Coimaission to II. Wayne B~eam, Re: Answer to Nation~al Interests Federal cons latency questionnaire * ~~~~~~~GOD DEPARTMENT OF AGRICULTURE DEPARTWEN IF AGRICULTURE Regional Representative Soil Conservation Service DATE - MPifnT NAMhF REMARKS ATE MNATE WARKS 7/25/77 letter from Senator Waddell to Regional Representative, Re: 7/25/77 letter to G. E. I uev from Senator Waddell, Re: Follcw- follow-up to Southern Federal up of Southern Federal Regional Regional Council meeting, Atlanta, Cotmcil meeting, July 7, \tlanta. CA. 7/7/77. 8/1/77 phone call Comuncil staff from Loulis Dameron. Requested 9/19/77 memo from Senator Waddell to All Interested Parties, Re: l ist of Council menmers, officers Interim Rules and Regulations. and chairman of committees. 9/19/77 memo to G. E. tluev from Senator Waddell, Re: Interil 9/30/77 copy of G. E. Huey (SCS) and Jolm Orr from Duncan Newkirk, Re: Maps Rules m Regulations. letter to (Forest Service) of federal lands. 9/30/77 letter to -G. E. lluey from Duncan Neqwkirk, Re: Maps 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final of federal lands Rules and Regulations. 11/8/77 letter to II. Wayne Beam from L. W. Dameron, Re: (Conferen 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft. with SC- S. 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet, 11/9/77 letter to G. E. ,Iuey Duncan Newkirk, Re: federal land program outline and schedule, permits processed in 1977 and 11/11/77 letter to Duncan Newkirk from Norman Shnuler, Re: Federal coordination meetins. lands. 3/13/78 menmo to Federal contacts from Senator Waddell, Re: Draft Federal contacts From Arui AUins, Re: Draft RIles Report: "Legal Analysis & Goals and Regulations. and Objectives." Request for comments and suggestions. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GrPC draft 3/28/78 memo to Federal contacts from H. IWayne Beam, Re: Federal 2/3/78 memo to Federal contacts from Ann Adkins, Re: ;cws sheet, Agency Contact List. Request for program outline and schedule, review and updated information. permits processed in 19-- and coordination meetings. 5/31/78 memo to Federal agency contacts from It. Wayne Beam, Re: National Interest to Federal Consistency 3/13/78 mo to ederal contacts from Senator Waddell, Re: Draft questionnaire. Report, "Legal Analysis and Coals and fOjectives". 3/15/78 lel/con hetween Ben Gr-cgg and flii I'owler. Mr. Gregg explaniled per- mitting programn and ainswered IMr. Fowler's questins. 3/28/78 memo to Federal contacts flom It. hamne Bea.on. Re: Nationa. Interest and Iederal C;onsistency quest iollaire. 4/12/78 Soil Conservation Service's response to Council qucetionnairn 5/31/78 memo to Federal contacts from 11. Wayne Beam, Re: National Interest and Federal Consistency qcuest ionna re. G-5 DEPAR'Th!3NT OF A~GRICULU1RE, U. S. Forest Service DEPAR1TMIENT OF AGRICULTURE Soil Conservation Service -continued DA.TE M A onNAE REAKDATE ANFREMARKS 6/8/78 Telephone conversation between ~~~~~~~~~~~~7/25/77 letter to John Orr from Senator Waddell, Pe: Follow 6/8/78 Telepho~~~~~~~~ne coknvesatindoi baetwen lip of Southeastern Federal Region, Ann, Ad~~~~ins and Louis Dameron ~~~~~~~Council meeting, July 7. 97 concerning National Interest and Federal Consistency question- 9/19/77 memo to All interested Parties Senator Waddell, Re: Interim naire. Rules F, Regulations. 61/9/78 letter to Ann Adkins from G. E. Hluey, Re: Response 9/28/77 letter to Duncan Newkirk from J. L. Marsh, Acting Forest to National interest and FederalSuevsrR- triRls Consistency questionnaire. RSupertiosorR:Itri ie 9/30/771 letter to -John Orr from Duncan Newkirk. Re: Maps of Federal lands. 10/5/77 letter to Duncan Newkirk from James Wells, lie: Interim Rules & Regulations. 11/2/77 letter to Duncan Newkirk from P~. D. Devot, Fe: Federal lands. 11/14/77 letter to Duncan Inewkirk from Donald IV. Eng. Pe: Praft Final Rules & Regulatinais 12/2!--, memo to Federal Contacts from Arm Ildkins, Re: rh-aift Final Rules ", Regs. 12115/-7 Tel/con .lim Wells spol,-e to Ann Wkdins about Rules F, Rcev Wells asked aboult ('caorier1 policy on federally excluded lanis. l-/ 27 memo to Federal Contacts from Ji \n Adkins, Re: GA1C draft. 2/22/7A letter to Arm Adk-ins from Donald Fog. Requesct for meeting with staff to hc hriefed on S.C.CZM program. 2/3/78 memo to Federal contacts from Ann Ndkins, Re, New sheet, program outline 8 schedule, permi processed in l9-7 & coordination. 778 ~~~~~~~~~~~~~~Forest Service's answ~er to foasta Council questionnaire,. 7l/I/- letter to Aral Adkins from .iia wells opposition of ForQ Service to the listing of Francis ilarion Forest lands within cArC. 3;/7/78 lteto jim Wells from Ann Adkins in response to letter to ii~~~~~~~Vs letter of March I. 3~/13/178 mesnv to Federal contacts kron Senator WaddellI, Re: Draft ~leport 'Legal Analysis -and Coals ~nid0hjctive:Ieque't for ,*ommsnts and sugges;tions. DEPARINEWI'r OF AGRICULTUJRE- U. S. Forest Scrvice -continued DUjAR'IMFNT OF 'lifE AIR FORCE XTE mwn inD ~~~~~~ ~NjAMEREMARS DATE .j.JionD NANIF RENIARKS __ 7/25/77 letters to Brig. General Bishop 1' Charles from Senator Waddel], Follow-up '28/78 memo to Federal contacts from H. Wayne Bleani, Re: Federal Sm1ithl of the Southeastern Federal Agency Contact list. Request Regional Council meetintg. Atlanta for review and updated information. 7/7/771 12/78 Uipdated contact list information 0119/7- memo to All1 Interested part ie~ from Senator Waddell, Re: Interim from Forest Service fColtminhia Rules & Regulations. office). 9/30/7- letter to Charles Smith from Fkuican Ne%,Iirk, Re: M~aps 18/78 letter to Ann Adkjns from Jim Wells in response to her of federal lands letter of March 7. 10/11/77 letter to - Otcan Newkirk from Robert Wong, RF: Interim 19/78 Updated contact list information Rules 6 Regulations. from Forest Service f.Atlanta Office) 111W Telcon Tim Sims talked with Hlarriet inight. 31/78 memo to Federal contacts from Wayne Ream, Re: National letlogcs.e hn oni Interest Ii Federal Consistenc% etig: questionnaire. 12/2!"' memo to Federal contacts from Ann Ndkins. Re- Draft iS/7s letter to Hlarriet Knight from Jim 1Wells. Re: Commnits on Final Poles F, Regulali'-n5. draft report, "Legal Analysis; F Goals and Obiectix-es". 12/13-' meeting Tom qims art with Ann Adkins ', Harriet Knight. DiscussFed mansagement 13/79 letter to Ann 'Xdkins from Lawrence Whitfield, Re: program very- hriefly. ~lemo of 5/31/78. I ~~~~~~~~~~~12,-27/71, memo to Federal contacts from AIM AdkinF, Re: CdPC 19/78 letter to Ann Adkins Ifrom Keith Grest, Re: Reply to draft. 'ational. Interest and Federal onsistency questionnaire 12/291-7 letter to Conc ilI from Robert Wong, Re: Courvnnts .(Atlanta Office). Draft Final Rules & Reg,. 19/78 letter to Wayne Beam from Donald Fng. Re, Reply to 1/27/78s letter to Ann Adkins from Robert Wong, Re: Colm"Ients 'Jational Interest & Federal on draft GAPC document :onsistency questionnaire. (Cola. )ffice). 2/28/-8 letter to Ann Adk-ins from Charles Smith, Re: Response to Council questionnaire. 3/1 V78 memo to Federal contacts from Senator Waddell, PI': Praft Report, "legal Analysis, anti Goals Aoh-iectives mem.o to Federal Contacts from Wayne Brain, Re: Federal Agency Contact list Request for updated information. 4/141/78 letter to Ann Adkins from Ronald Waters. Re: Updated contact list information. Si-Y-8 letter to Ilarriet Knight from Ronald Waters, Re, Coamments on draft report, "Le-gal Analysis & Goal, A Objectives.'" 5/31/78 memo to Federal Contacts from Wayne Beam, Re: National Interest and Fed. Consistency. 6/22/78 letter to ',nn Ndkins from Charles Smith, Response' G- 7 IDEPARImdNT O: 'lE AR1h' DEPARYEm:R r O)F T11i. ARIh Corp of Engineers Corp of Engineer - continuedl E NMl fOD NAME REMARKS DA1E ME7in NAME RIMARKS /77 Meeting with Col. Walter (Savannah) Senator Waddell, Dr. Ream, 10/12/77 letter to Steven Oswald (Savannah District) from Jim Ellis. Re: Amendments Duncan Newkirk met with Col. to Interim Rules F Regulations lialter concerning joint permitting process. 10/18/77 letter to Dulcan Newkirk from C. G. Goad, Re: Interim 1Pnles and Regulations. 77 leeting with Gen. Mcintyre (Atlanta) Senator Waddell, Dr. Beam, IDnmcan Newkirk net with Gen. Mclntvre 12,/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final concerning joint permitting Pules and Regulat ions process. 12/2-/'7 mermo to Federal contacts fiom Ann Adkins, Re. GClA' draft. 77 meeting in Atlanta _ Senator Waddell, Dr. Beam, 12/S8/ letter to Steven Oswald flom Ann Adkins, lte: Miumnder- Duncan Newkirk met with Southern ;tanding concerning federal Federal Regional Council to l:;nds. explain hill and offer cooperatio.n. - h8'3 memo to Federal contacts from Ann Adkins, Re: News slheet. Telcon Duncan Newkirk disctussed with L rogram outline F& schedule, permits Ann Niarwick the setting up of processed in 197*, and coordlination a joint permitting system with meetings. the Corps. 2/115/78 letter to H t. Wayne Beam from Louis H. lake , Re: :mr- /77 Meeting with Col. Brown (Charleston) Senator Waddell, Dr. Beam, Duncan installations; excluded federal Newkirk met with Col. Brown 1 lands. .Jehnm Rornosky concerning joint permitting process. 3/1/78 letter to Ann Adkins from G. S. hlite, Re: Response to Council questionnaire. /77 Mlemo to file, Re: Meetings with Corps on setting up joint permittin ./13/3/7S8 memo to Federal contacts from Senator Waddell, Re: Draft process. Report, "Legal Analysis and Goals pnd Objectives". /77 Letters to General Mcintyre, Col. Bron and from Senator Waddell, Re: Follow- Col. Walter up of Southeastern Federal Region- 3/28/78 memo to Federal contacts from tI. Wayne Beamn, Re: Federal al Council meeting. 7/7/77, All. \gency Contacts list. Request for uqpate. /77 letter and Col. Brown to Senator Waddell concerning meet- memo from ing (8/16) of Charleston f Savannah 3/29/78 letter to H. Wavne Beam from William Mattei adivsing of Districts with the Senator and appointment of .lohn L. Carothers as staff to discuss joint permitting CZ Coordinator for Charleston and general permit for docks B District. piers. 5/er31/78 memo to Federal contacts from H. Wa3-ne Beam, Re: National /78 memo from Duncan Newkirk to file, concerning mrreeting with Interest and Federal Consistency Corps on Aug. 16. Agreement questionnaire. reached on joint permitting and a general permit. 6/29/78 letter to Ann Adkins from .Jack Lesemann, Re: Response to National Interest and Federal 1/77 mero to All Interested Parties from Senator Iaddell, Re: Rules Consistency questionnaire. | Regulations. (Interim) ,'77 letters to Col. Brown and CoL Walters from Duncan Newkirk, Re: Maps of federal lands. DEPARUMENT' OF CONNIERCI: DEPAR'BIENT OF COWiFRCE Economic tDevelopiient Administration Maritime Administration )AT NAME REMARKS D A T E Qf NAMEI REMARKS /25/77 letter to James Me~hane from Senator Waddell. Folloi~up 7/25/77 letter to Lee Brand from Senator Waddlell. Followv-up of of Southeastern Federal Regional Soteastern /777 AtlealRgnta. om Goimncil meeting, //i.Alna eti, 7/7/77, Atlanta. '19/77 memo to Federal contacts from Senator Waddell , Re: Interim 9/19/7 mem tLeBrnfomSntr Wdeglaton.Re tri Rules and Regulations. RlsARgltos 1/5/77 letter to Janus Nk'Shane from Dtuncan *Newkirk, Re: eIeral 10/5/7 letter to Lee Brandl from D u nncan Ne~k-irk, Re: Fedeial lands Lands 12/2/77 menno to Federal Agencies from Ann Adkins, Re: Draft Final Rules A Regulations~. '/2/77 menu to -Federal contacts from AnVn zilkins, Re: Draft Final //7 menu to -Federal contacts from Ann Adkins Re: GXPC draft. Rules and Regulations. '/27/77 memo to Federal contacts f/ S etrtom Ann AdkinR: Cdraft from~~~~~~~~~~ An 3dis Re:o to Fderalfotact from Aee Braind. Re: GAPC dtraft. '3/78 memo to Federal contacts from Ann Adkins, Re: Newvs sheet, Pr/315 memoto eea otct rmAn ine Re: F ew sheet. program outl ine A schedule, permits permits processed in 10-- and conr- processed in 1977, and coordination dination meetings. meetings. '13/78 menu to Federal contacts from Senator Itaddelt, Re: Draft 3/113/ Mesa' to Federal Contacts from Senator James Waddell. Io: 1.'~~/78 memo to Federal contacts from Senator Waddell, R e : ~ ~~~~~~~~~~Draft TatReport, "Leeal \Annvsis Report, "Legal Analysis A Goats Goals A1 Objectives.' and Obj~ctives". 3/28/79 memo to Federal Cotcsfrom Wax-ne Beam. Re: Fejeral 28/78 memo to Federal contacts from II. Way-ne Beam, Re: Federal Ilgency' Contact List. Request for Agency Contact List. Request for llirxiate I information- updated informat ion. 31/78 menu to Federal contacts from II.Wav-ne Beam, Re: National ~~/7; I-1 mey%, to Federal Contacts from Wayne Beam, Pe: National 31/78 mew to Federal contacts from H.Wavne Beam, Re: National ~~~~~~~~~~Interes't and Federal Consistencv Interest and Federal Consistency questionnaire. questionnaire. 6/29/-S letter to Ann Adk-ins from Charles Oxlev, Re: Response to National Interest 6 Federal Consistency questionnaire. DEPARTMIIB' OF C(ldMERCE National Marine Fisheries Service DEPIARTENI' OF COUB-IECE'-: ,FTIIn10 N~,rE. REARKS _ DAE MEIDlE NAME REIARKS letter to Secretarial Representative from Senator Waddell, Re: 7/2/77 letter to W. Stevenson fr Seatr a Federal egion Follow-up of Southeastern Council meeting. 17/77, Atl-nta Federal Regional Council meeting 7/7/77, Atlanta. 9/19/77 memo to W. Stevenson from Senator Waddell, Re: Interim letter to Wayne Beamn from Richard Rigby, Re: question- naire on Beach .vailabilitv and a A/5ni/77 letter to W. Stevenson from IIuIcanm Newkirk. Re: Federal Beach Access. lands. memo to Federal Contacts from Senator Waddell, Re: Interimo to Federal contacts Rules & Regulations. 12/2/77 nemo to Federal contacts from Ann Adkins, Re: Draft Itinal Rules A Regulations. Rules & Regulations. copies of lette s Lee Brand (EDA), William Stevenson from DImcan Newkirk, Re: Federal to (EIiFS), James Mrc~hane (liritme lands. 12/27/77 meoem to Federal contacts from Ann Adrins, Re: (API draft. Administration) 2/1/78 Larr Hardy visited Coastal Council office - Charleston, discussel with Dalwqon and Veale ,;brina pcllic noticeq memo to Federal contacts from ann Adkins, re: Draft in Charleston area in terms of Final Rules 6 Regulations. ecological iact, iemn vd nd memo to Federal contacts from Ann Adkins. Re: News sheet. to Federa contacts from Senator Waddell, Pe: I aft program outline ; schedule, Report, "Legal Analysis I GralI permits porcessed in 1977 , and Ohjectives". coordination meetings. memo to Federal contacts from Senator Waddell, RE: Draft 3/14/78 letter to AIr Adl;ins fromRandall Re: Re sponse Report, "Legal Analysis F Goals oA Obfjectives" 3/28/78 memo to Federal contacts from 1. Wayne Beam, Re: Federal Agency Contact List- Reulect for memo to Federal contacts from Wayne Beam, Re: Federal updated infornta tion. Agency Contact List. Request for updated information. for Updated information. 4/28/7 pUpdated Federal Contact information. updated Federal Contact inforation 55/31/78 Wemo to Federal contacts from I .Wayne Beam, Re: National Interest F, Federal Consistency memo to Federal contacts from Wayne Beam, Re: National questionnaire. Interest and Federal Consistency ~~~~~hquestonnire letter to Ann Adkins from William Stevenson, Re: 78 letter to Ann Adkins Response to National Interest A Federal Consistency questicamnire. 0*~~~ 9t~10 UFPARTh~iNT OF COMSI3RCF- DE -n OF~ C(CMIT1CF, National Ocean Survey~ -office of Coastal Zone Management, NOAA WIMARKS nATE ____METJJQ ~ ~ ~ ~~~ NAME REMARKS ITE NIFMICID NAME ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~to II. Wlayne Beam. Follow-lip /4/77 lettr to RA11I. Allen L Powell fom Duncan ewldrk, R: federal 7/12/77 letter frail John O'Donnell of Southe.astern Federal Regional /4/77 letter to RWL A l ~ ~lendL. PwlfrmDnatNekkR:edalCouncil meeting, Atlanta- lands. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~from Ann Adkins to clarify info. /2/77 memo to Federal contacts from Am, Adkins, Re: Draft Final 7/19/77 phone call to John Phillips onl federal agencies and obtain Rules & Regulations.corcades fatrnegnl from Ann Adkias, Re: GAFC draft. ~ ~~~~~~~~office of EDA /27/-7 mem ~ ~ ~ ~ ~ ~ ~ ~ ~pogt Fdral ontacsfoln dinsRe: and I chdraft from Senator Waddell. Follow-tip 3/78 memo to Federal contacts from Ann Adhins, Re: News sheet, 725/77 letter to John Phi Ilips of Southeastern Federal Regional permiats processed in 1977 and Councl p -,etain,j 7/7/77. '\lata coordination meetinigs. 7121 AIJmeig nSanah AnBaker, hritK n 7/19-Zl AIN) meetig in Sa~anall, GIFrances Ifester met with -JerrY W3/7 memo to Federal contacts from Senator Waddell, Re' Draft Writ paeif.0,C~ Report "Legal Analysis & Goals ferintd udteinogo C, and Objectives". fnig 13/78 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~from Frances liester concerning statt 13178 ~ ~ ~~ ~ ~ ~~~~~Response to Council quest lonnarie. late -JulyV phone call John Phillips programs which have been approved 18/79 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~Aec Cotc itwRqetfrad which m.il e app roved hefore memo to Federal contacts from Wayne Beam, Re: Federal 11,/l/77, updated inforimation. , ~ ~ jTheresa Hooks, .John llp, 8/S/7 ~~~~~~Ben Gregg me with ael Pan I0 . ~is~cussed Pk-S mMO to Federal contacts from Wfayne Beam, Re: National interim rules and regUlatiOns. quteesti eea onnaistenc questionnai~~~~~~~~~~~~~~~~~~~~re. Thi, leresa Hfooks. Thieresa ;/78 WMe to Ann Adkins from Richard Houlder, Re. Response 8/30/77 letter to Wayne Beam approved the draft Memo11randum to National Interest l& Federal Of ANgreelment w/Water Resources Cinsilatency questionnaire. and DIIFC. 9/lQ/77 ~~~~Ann Baker spoke to Grant Dehurt , Re: Info. Oil grants received by Alaska for cit izen involvement. from Senator WaddellI, Re:- Interim 9/19/71 memo to Federal contacts Rls4Rgltos 9/Z8/77 Ann P~~~~~~~aker ~spoke with Michael Payne Re: 9/29/ 7 7 Ann Baker ~~~~~~~Locatin Congressionial liason for OCZM ,p~ke./ ick- Keating, Re: IIRMb4 (OCS Lands Act) 1(O/14/7T letter from fkircan Newkirk to Richaid Frank, Re: federal lands. 10/31/7` letter from -F. P. Gteiter to fluncan Newkirk, RC: Federal landS. 11/22/7 I~~~~~nn Baker spoke w/ MaN fBi leanl about CLIP I apicatIoion for P)` 77, funds and mtrsaeAllocatvu 'oes G- 11 DEPARTmIENT OF COMIERCE Office of Coastal Zone Management, NOAA continued DEPARltENI' OF Co)r I;:RCE .Office of Coastal Zone Managenment, N()AA continued .TE MFWtOD NA/E REMARKS DATE iEliOD NAME RFMNARKS '2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final Rules and Regulations. 3/29/78 mn Baker spoke with Marion Cox regarding energy facility siting section 9/77 Ann Baker met with Rav Boileay and others in of the Management Plaun. IWachington to discus aspects of CEiP. tA33/ .\nn Raker spoke with Ray Boileav concerning Intrastate Allocation Proce�s. '2/78 memo to Federal contacts from Ann Adkins, Re: (Gl'C draft 3/31/78 ,nn Baker spoke with .Joe Irayitch concealinm ,/78 letter to J.oln O'Donnell from Ann Adkins. Re: ilanking fulte allocations of I1IP mone! him for his help; federal coordin- tn S. C. ation. 5/31/78 letter to Linda Sadler from 1. Waynle Ream, Re: Coastal '/78 letter to Ann Baker spoke w/ .J. Robey , .I. Burgess education materials. concerning CEIP money. (Spoke w/ John Uravitch concerning CEIF) /11/78 letter to Wayne Beam from John Phillips, Re: Meetinv *'78 memo to Federal contacts hetween OCM1 staff and CorlncilI from Ann Adkins Re: News-sheet on Apr. 6, 1978. program outline and schedule, permits processed in 1977 ald 4/13/8 letter to Theresa flooks from .ack Smith, Re: ,lbeting coordination meetings. between (OCM staff and Comicil staff on Apr. 6, 1978. ,/78 letter to .Jolul O'Donnell from Ann Adkins, Re: Memo of Februarly 3, 19YS. 4/24/78 letter to Ann Adkins from Linda Sadler. Re: coastal education nmaterials :/78 Ann Adkins talked with Marion Cox about federal consistencv F coordination 5/2/78 memo to Program Manager from RobeltKnecht. Re: Port nlthlorities. 5/78 letter to Theresa HIooks from Ben Gregg, Re: draft memo of agreement between Council and 5/23/78 letter to Wayne Beam from -John Phillips, Re: 8I51dJ S. C. State Highlnay &Pub. Trans. funds. 6/78 letter to -inn Adkins from Marion Cox, Re: Federal 5/31/78 memo to Federal contacts from Wayne Beam. Re: National Consistency i Federal Coordination Interest and Federal Consistency questionulaire. :4/78 letter to H. Wayne Beam from .lJohn Phillips concerning GAPC Draft Rept. 1fl, Authorities draft, 6/5/78 memo to Program Malagers from John O'DoLnell, Re: Federal Statement of Goals & Objectives, - Energy Regulatory Commission. Public Involvement Program. /1bc nolement8 letter to John Phillips from layle Beam, Re: S. C. 's 8/78 Ann Baker attended meeting of southeasternm Performance Rept. for Oct. 1 states to discuss iralementation 5/20/78 Ann Adlins '77 to March 31, '78. of CEIP. spoke with John O'DLonnell concerning :/78 letter to I Coastal managers from Linda Sadler, Re: Coastal Federal Consistency. Edhucation Exhibit. iii/30/78 letter to A.nn Adkins from lohn O'IDonnell, Re: Federal 3/78 memo to Federal contacts from Sen. Waddell Re: Draft Rept., consistency. "Legal .Amaly-sis 4 Coals 6 Objectires /Legal nalyi 5/ als Obectie letter to Wayne Beam from John Phillips, Re: Draft !8/78 memo to Federal contacts from Wayne Beam, Re: Federal Management Plan submission Agency Contact List. Request for updated information DEPARINIr or (FMV$nRO:l Sokith Atlantic pishery M~anagement Council lDATE ~ ~RIlARKS AiMfflIx2DRKS 8/10/77 ~~~~Rick D~awson me ihSev ' nl~ld 8/3/77 plione calIl from Warrenl Zurn to Anni Adkins, Re: Statusq of R/IU/77 [not wife) Stew O~~~~~~~~~~~~~~~~~~~~~ld-tvill , ~~~~~~~~S. C.'*s Co0astal Zone Nnglek Ernie, 11reletz to brief them porm oil voroel f Coastal C~ouncilI. por 8/10/77 etter t Q-61 L m e rick rom Wwayle l"Cail to etabliO /19/77 meamo to F'ederal Contacts from Fenator W~addelI, Ite: Interim contact. 9/19/77 wme to Oail L~imerick fro-m Senator WtaddellI Re: Interim 9/21/77 personal con- Anni Ra-er talked with Wtarren Zutro. Rnle~ B Itegitlat huts, tact at Coast- al Councvil, 12/2/77 memo to Federal contracts from Ann Adkins, Re: Draft Final meetinfg Rulles F. Regullationls. 10/5/77 letter to Warren Zurnl from Ittincan Newkirk, Ile: Fede ral1 12127/77 memo to Federal contacts from Anti Adkins. Ile: CAPC dra Ft. U& -~119/78 letter to Ann Adkins from Urnest Jlremctz, Re: GAVC 12/2/77 memo to Federal contacts froem Ann Adkins, RC: Draft Final draft. Ruls Regulationls. 213/78 memo t 17e(Je~~~~~~~~~~~~~n ~12/27/77 menul to Federal contacts froem Anni Adkins, Rte: CAPC Itrafl 2/3/78~~ meI to FdrlContact From Ann Adkins, Pe: newrs sheet, program out Ilinc and schedule, permtit ld7 etrt n disfomIeer lm o.R:C processsvd in) 1977, and cttordinal lod117 otrtoAn dnqfrotk--,rdHmloR. - P urectings.drFI 3/113/78 wmen to Federal contacts from Senator Wtaddell, Re: Draft 2/3/78 memo to Federal conltacts from Ant) Adkins, Re: News lheet, Report, 't~~~~~egal Analysis B Goals ~~~~~~progrtam outline F, schedule, ponnmits 11ndrt "Lega nayiesF. (;aeProcessed in '77 Folna o next (1).jective-. ~~~~~~~~~~~~~~~~~~~meet inlg~. 3/28/78 mmn to Federal contacts from il. Mtaple Beam. Re: Federal /Vi meotFdracnatsfmSntrWddl.R:Dat Agency Cointact list. Request for 3/37 ne teort "Lderal otcqfo 'Anntn addell Re tival updated informatiois. anix I'llectives". 5/31/78 memo to F'ederal contacts From II. Wayne Bleam, Re: National 3/87reot ederal conltacts, from Wayne Scam. Re eICo FdralI Interest and Fede-ral C/87eonsitenc (Rust inonal re. ~~~~~~~~~~~~~~~~~Agency (bintct List. Veques~t for quost ionna I TV. ofeel~~~~~~~~~~~~~~upated info. 4/719 Updvated info, for Federal Agency fonract list. 5/31,'7R memo t o Federal contacts, from Waynle plaeam. Re: National Interest F, Ue'leral1 Consistency rlinest ullnaire. 6/14/78 letter to ltaine SCam twin lk-wvard Ilami Iton, Re,: lkesponses to Nat iotsil Interest & Federal Cons St n' (ie~ nlna it-n /5/9 letter to Hlarriet Knigiht from William P.Ilankin, Re: tra Ft Itepor~t, "1 egal Anal,%,iq ti Goalls ind (bject ive'." G- 13 DEPAR'IUMENf OF ENERGY iDEPARTFENT OF ENERGY Energy Research and Development Administration Federal Energy Regulatory' Commission DATE MhDn NAM REMARKS NME REMARKS 7/25/77 letter to Jeff Swinchbroad from Senator Waddell. Fol low-up of Southeastern Federal Regional 7/21/77 letter to Wayne Beam from James Kirby, Re: hulk electr Council meeting, 7/7/77. energy requirements in S.C.'s CZM program. 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules i Regulations. 7/25/77 letter to C. L. Fishbhurne from Senator Waddell, Follow-up to Southeastern Federal Regional 9/30/77 letter to Duncan Newkirk from Jeff Swinchbroad Re: Interim Council meeting, 7/7/77, Atlanta. Rules F Regulations. 8/2/77 letter to .James Kirby, Jr. from naytie Beam, Re: Response to 10/5/77 letter to J. Swinchbroad from Duncan Newkirk: Re: Federal Kirhy's letter of 7/21/'7 lands. 9/15/77 phone Harriet Knight talked with Bill Thompson on I.N; 12/2/77 menmo to Federal contacts from Ann Adkins, Re: Draft Final facilities. Rules 6 Regulations. i1/19/77 memo to Federal contacts from Senator Waddell, Re: Interim 2/3/78 memo to Federal contacts from Ann Adkins. Re: News sheet, Rules 8 Regulations. program outline 8 schedule, permits processed in '77 and coordination 9/28/77 Amn Baker talked to Bill Thompson, Re: I.NG meetings. facility siting. 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft 10/5/77 letter to C. L. Fishburne fros Duncan Newkirk, Re: Federal Report, "Legal Analysis and Goals Lands. and Objectives". 11/1/77 letter to Firtz Aichele from C.L. Fishborne, Re: lederal 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Agency Federal lands. Contact list. 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Rules i Regs. Interests 4 Federal Consistency questionnaire. 12/27/77 memo to Federal contacts from Ann Adkins, Re: TGAPC draft. 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet, program outline and schedule, permits processed in '-- ,coordin- ation meeting. 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Report, "Legal Analysis Fi Goals and Objectives". 3/17/78 Response to Coastal Cotmcil questic naire. 3/28/78 memo to Federal Contacts from Woan-qe Beam, Re: National Interests . Federal Consistencv quest ionnaire. 6/5/78 letter to Walne Beam from Carl Shuster, Re: Info. relevant to development of coastal mone Tillnaiemnt programts. ~~~~* *~14 DEPARDIIENI OF ENERGY Regional Representative I)EPARTmENI OF IFALTHI, EDUCATION Fl IEI.FARE Regional Representative DATE ~,Ell n NAME Rtt1ARKS DATE -METUQ11 NAME REMARiKS 7/25/77 letter from Senator Waddell to Reg. Administrator. Follow-up 7/25/77 letter to Dr. F. Grosclelle from Senator Waddell, follow-up of Southeastern Federal Reg. Council nmeeting, July 7, '77, in Atlanta of Southeastern Federal Regional meeting, July 7, '77, in Atlanta Colncil meeting, 7/7/77, Atlanta. 9/19/77 memo from Senator Waddell to Federal contacts, Re: interim 9/19/77 m to Iederal contacts from Senator Waddell, Re: Interim Rules & Regulations. Rules Regulatios. ~~~~~~~~~~~~~~~~~~~~~~~~Rules & Regulatiaons ds. 10/5/77 letter to Warren Zum from Ann Adkins, Re: Draft Final 10/5/77 letter to Lr F. Groschelle from IXDncan Exvkirk, Re: Federal 12/2/77 memo to ; Federal contacts from Ann Adkins, Re: Diaft Final 11/4/177 letter to ( Dunrcan Newkirk from Walter Branch, Re: federal Rules & Regulations. lands. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final 1/13/78 letter to Ann Adkins from Donald Allen, Re: Draft Rules F Regs. Final Rules & Regulations. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft. 1/23/78 phone call Heyward Hamilton to Ann Adkins, Re: Boundrv of 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet, S. C. Coastal zone, program outline F, schedule, permit 2/3/89 memo to Federal contacts from Ann Adkins, Re: ews sheet,d in 77 ad coordination program outline F schedule, permits processed in '77, B coordination meetings. 3/13/73 memo to Federal contacts from Senator Waddell, Re: Draft Report,"Legnl Analysis & Goals 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft and Objectives". Report, "Legal Analysis and Goals and Objectives. 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Agency Contact List. 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Agency Contact List. Request for 4/26/78 letter to Wayne Beam from Sara Craig, Re: Updated info updated info. for Federal agency Contact List. 4/27/78 letter to Ann Adkins from Donald Allen, Re: National 5/31/78 memo to Federal contacts from Wayne Beam. Re: National energy-related interests. Interesot Federal Cinsistency quest ionnai ire. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Interests and Federal Consistency questionnaire. 7/5/78 memo to Wayne Beam from Roy F. Pettit, Re: Response to National Interest B Federal Consistency questionnaire. G-15 DEI'TARIENT OF HIOUSING i URBAN DEVEI.OPMENT I)E'ARnTMEiNT of 11OUSING f, URBAN IDEVI!Oi1ENTr - continued DATE N 1AinR NAME RS ATE MPn.1n NANIF REMARKS 7/25/77 letter to William Stoken from Senator Waddell, Follow-up 6/21/78 letter to nml Adkins from Glenn Woodard. Re: Response of Southeastern Federal Regional to National Interest F, Federal Council meeting, 7/7/77, Atlanta. Consistency questionnaire. 9/19/77 memo-to William Stoken from Senator Waddell, Re: Interim 7/5/78 letter to a nn Adkins from Bill Stoken. Re: Response Rules &f Regulations. to National Interest and Federal Consi qtency queqtionniare. 10/5/77 letter to William Stoken from Duncan Newkirk, Re: Federal Lands, 8/4/78 Nnn Adkins spoke to Carol Doyle (hy1 telcon/ 1Lands,/28/77~~~~~~~~~~~~~~~ ~concerning the Federal Insurance 11/28/77 Carol Doyle with Federal Insurance Admin. visit- Administration'- draft sand dune ed office and met with Ann Adkins ordinance. &f Harriet Knight. Explained Flood Insurance program. 8/22/79 Ann Adkins rarol Doyle (telcon) that comiwonts Insurance/2/77~~~~~~~~~ Programem.otn draft sand dune ordinance would 12/2/77 memo to Federal contacts fromn Adkins, Re: Draft a e forthcoming. Rules Fi Regs. 8/28/77 letter to Glen WIoodard from Wayne Beam, Re: Federal In- 12/9/77 letter to Ann Adkins from Carol Doyle, Re: Follow-up of surance Administration's draft Nov. 28 meeting in Charleston. sand dune ordinance. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft 2/1/78 letter to Ann Adkins from James Bitting, Re: GAPC draft 2/1/78 letter to Wayne Beam from Glenn Woodard, Re: G4PC draft 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet, program outline s schedule, permits processed in '77 and coordination meetings. 3/8/78 memo to Federal contacts Response to Council questionnaire 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Report,"Legal Analysis F Goals i Obiectives'.' 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Agency contact list. 4/78 Updated info. for Federal Agency contact list. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National interest and Federal Consistency luest ionna ire. * 0G-16 DEPARIMENT OF I[OUSING & URBAN DEVELOPI'ENT Regional Administrator DEPARMN1 OF HIE INTERTOR Bureau of Indian Affairs DATE MFTf0D NAME REARKS DATE RFTinn NAMb REMARKS 7/25/77 letter to Reg. Administrator' from Senator Waddell, Re: Follow- up of Southeastern Federal Regional 7/Z5/77 letter to II. Rainbolt from Senator Waddell, Follow-up Council meeting, 7/7/77, Atlanta. of Southeastern Federal Regional Council meeting, 7/7/77 9/19/77 memo to Federal Contacts from Senator Waddell, Re: Tnterim Atlanta. Ru~les , Rags._ 9/19/77 memo to Federal Contacts Senator Waddell, Re: Interim 10/5/77 letter to Bill Stoken from Duncan Newkirk, Re: Federal Rules f Regulations lands. 10/5/77 letter to .Joseph B. Willkins from Iuncan Newkirk, Re: Federal 12/2/77 memo to Federal contacts from Ann Adkins, Re: Rules ,l Regs. lands 12/27/78 memo to Federal contacts from Ann Adkins, Re: GAPC draft. 12/2/77 memo to Federal contacts from Ann Adkins, Re: Graft Final Rules B Regulations 2/3/78 memo to Federal contacts from Ann Adkins, Re: news sheet, program outline F schedule, permits 12/27/77 memo to Federal contacts from Ann Adkins, Re CAPC draft. processed in 1977 & coordination processed in 1972/3/78 memo to Federal contacts from Ann Adkins, RE: News sheet, program outline, FB schedule, 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft _ermits processed in '77 and Report,"Legal Analysis B Coals oordination meeting<. Objectivest'!3/13/78 memo to Federal contacts From Senator Waddell, Re: Draft 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal oepirt, "Legal Analysis Agency Contact list. 5/3128/78 memo to Federal contacts from Wayne Beam, Re: Federal Interest & Federal Consistency \gency Contact List. 5/31/78 memo to Federal contacts From ianme Beam, Re: National Interest B Federal Consistency questionnaire. G-17 IDERARIhI:NI' OF 1ite INTERIOR DEPAR1TIENT OF TfE INIERIOR IBureau of Land Management Bureaul of Iulnd IManagement (Outer Continental Shelf related) DATE METITD NAMF REMARKS DATE flfn U NAME. REMARKS 7/25/77 letter to Iferold Sievcrling from Senator Waddell. Follow-up C 7/25/77 letter to C. A. Martin from Senator haddell. Iollow the Southeastern Federal Regional from Senator Waddell. Follow- Cotancil meeting, 7/7/77, Atlanta. up of the Southeastern Federal Regional Council meeting, 7/7/77 9/16/77 talk between Amin Baker II. Sieverling Re: Sale 43 Atlanta. 9/19/77 memo to C. A. Martin from Senator Ii'addell, Re. In- 9/19/77 telcon between Ann Baker a, II. Sieverling Re: OCS sales 13,51,56; procedurc t.from Senator Waddell, Re: In- for leasing stipulations. terim Rules & Regs. l0/5/77 letter to C. A. 1Mbrtin from Dncan .Newkirk, Re: Federal 9/21/77 telcon between Ann Baker e BRLI Office Re: Request forl BLM ap of OCS leet..oane :Federals leasing tracts for Representative lands, Wbyers. 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft 1�/5/77 letter to II. Sieverling from luncan Nehkirk, Re: Iel-rl Final Rules & Regs. lands. 12/27/77 memo to Federal contacts from Ann Adkins re: GAPC draft 111/11/77 letter to Duncan Newkirk from John Rankin Re: leder-l 2/3/77 memo to Federal contacts from Ann Adins Re: News sheet Lands. program outline d schedule, 10l/13/77 telcon between Ann Baker and II. Sieverling Re: BIM meetings hith State; t, permits processed in '7- present I(S$ proposal. coordination meetings. 10/21/77 meeting. Ann Baker spoke to Pert Rogers at meeting which Response to Coastal Council BI! sponsored to present BI1 "CS questionnaire. proposal to states for response 3/13/78 memo to Federal contacts from Seand questions. Draft report, "Legal Analysis 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft A Goals and Obiectives. Final Rules & Regulations. 3/22/78 letter to Wayne Beam from Lowell Judy. Re: BUM 12/9/77 Ann Baker met with Bert Rogers to disluss involveament in the Coastal Zone appointment of the state memners Management Program. to regional worl.in groups, etc. 3/28/78 memo to Federal contacts from lWayne Beam, Re: Federal 12/2/77 memo to Fedeial contacts from Ann Adkinq Re: QYIf draft. Agency Contact List 4/3/78 letter to harriet Klnight from Lowell Judy, Re: "Legal 2/3/78 memo to Federal contacts from Ann Adkins, Re: X'ews sheet, ngfromaLowells d Re: "Legal program outline C schedule, Analysis and Goals & Objectives" permits processed in '77 and 5/24/78 letter to Wayne Beam from Lowell Judy, Re: Responsi- coordination meetings. bilities of the Easter States 2/28/78 Response to Coastal Council Office questi onlaire 5/31/78 memo to Federal contacts from Wayne Beam, Re: National 3/13/78 memo to Federal contacts from Senator Waddell, Re: Drft Interest F Federal Consistency Report, "Legal lnalvsis F Goals questionnaire. A Objectives. 3/28/78 memo to Federal contacts from Waynae Beam, Re: Federal Ngenci, Contact List. 4/78 Ilpdated info. on Federal Agency Contact List. _*~~~~~ &~~~~~-18 DEPARTEN� OI '1VE INTERIOR ~~~~~~~~DEPARME~~h~Nr OF TIf~ IN~~TERIORDEPARDIENT OF '[IU INTERIOR Bureau of Land Management Bureau of Mines (Outer Continental Shelf related) - continued DATE pT[Inn NAe RBIARKS DATE REflOD NA KS 7/25/77 letter to Gordon Leaf from Senator Waddell, Follow-upl on Sontheastern Federal Regional .5/31/78 memo to Federal contacts from Wale Beam, Re: National on Southastern Federal Regional Interest 8 Federal Consistency questionnaire. 9/19/77 memo to Federal Contacts from Senator IVaddell, Re: 6/26/78 letter to Ann Adkins from Interim Rules Reultions from Jolm Rankin, Re: Response to National Interest & Federal :onsisten~c questionnaire. 10/5/77 letter to Itewson Lawrence from IDuncan Newkirk, Re: Federal lands. 12/2/77 memo to _Federal contacts from Anm Adkins, Re: GAPC draft 2/3/78 mIemo to Federal contacts from Ann Adkins, Re: News sheet program outline 8 schedule, permits processed in '77 F, coordination meetings. 2/9/78 copy of memo Robert Pavlovich from tIewson Lawrence concerning coastal zone management planning contacts. 2/16/78 Response to Coastal Council quest ionna ire 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Rept. "Legal Analysis F, Goals 8 Object iveq" 3/28/-8 memo to Federal contacts from �Wavne Beam, Re: Federal Agency contact list. 1/28/78 Ulpdated info. for Federal A\gencv contact list. 5/31/-S memo to Federal contacts from Wayne Beam, Re: National Interest 8 Federal Consistency questiolnaire. 7/3/78 letter to Ann Adkins fr. W. I.. Iare, Re: Response National Interest 8 Federal Consistency quesitonnaire. G-19 DEPARTIENT OF TIlE INTERIOR DEPARThMENI OF TIHE INIERIOR Fish E Wildlife Service - continued Fish W lildlife Service DATE ':FTiOnn NAMF RE.LARKS DATE "tIETn NAnE RA2RMKS 2/23/78 Response to Coastal Council questionnaire. 7/25/77 letter to Dr. .1. B. Kirkwood from Senator IWaddell. Follow up of Southeastern Federal Regional 3/13/78 letter to Federal Contacts from Senator Waddell, Re: Draft C(otmcil meeting, 7/7/77, Atlanta. Report,"Legal Analysis , Goals F Objectives". 8/10/77 lettelr to Roger Banks from Ilayne Ream, Re: Ceneral In format ion 3/22 Doug i'inford met xwith Conncil staff to discuss various aspects 9/19/- memo to Federal contacts from Senator WYaddell, Re: Interi of the developing manatement PRules 1, Regulations. program. 9/30/-' letter to Dr. Kirkwood fromnt Ducan Newkirk, Re: Mhps 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal of feleral lands. Agency contact list. . 10/13/77 telcon Fritz Aichele Ken Chitwood, Re: Endangered 4/10/78' updated info. for Federal Agency species habitats. contact list. n10/14/77 interoffice Lee Barclay to Duncan Newkirk; Re: Comnents 4/13/78 letter to Wayne Beam from Ray Vauglm. Re: Federal transmittal on "Interim Rules I Regs." Agency Contact List. 10/18/77 letter to Senator WIaddell from Ken Black, Re: Interim S/31/78 memo to Federal Contacts from Wayne Beam, Re: National rhles , Regs. Interest i Federal consistency questionnaire. 11/28/7. inter-office Lee Barclay to Duncan NMekirk, Re: Parrier transmittal Island conference. 6/27/78 letter to Ann Adkins from Roger Banks, Re: Response to National Interest & Federal 12/77 telcon Doug Winford Ann Adkins Re: information on Consistency questionnaire. wnership i zoning of harrier islands. 12/2/7- memo to Federal contacts from Ann Adkins, Re: Draft Final liles 8 Regulations. 12/27/77 meme to Federal contacts rrom Ann Adkins, Re: G'C draft 1/9/78 letter to Ann Adkins From tCharles Baxter, Re: Draft final Rules 8 Reg. 2/3/78 memo to Federal contacts -rom Ann Adkins, Re: New sheet >rogram outline & schedule, per- lits processed in '77 , coordin- :ition meetings. 2/14/78 Rick Daxssen iet with l.ee Barclay to discuss the List Characterization being prepared hy S(lfIRD for 11S. Fish & Wildlife Service as part of Sea Islands Study. 2/17/78 letter f m Lee Rarcla! to Rich Dawson thanking Rick for his efforts in reviewing the Sea Icland Characterization materials for his participation, in the m eeting to review the polnt -tudy. G-20 DEPARTMENT OF INTERIOR DEPRE OF INTERIOR Heritage Conservation & Recreation Service Nation al P ark Service DATE lF(nn NAMe REMARKS DATE MFn lm NAME REIARKS 7/25/77 letter to Paul Adams from Senator Waddell, Follow-up 7/25/77 letter to Kim Fone fro Senator Waddell, Follow-up of Southeastern Federal Regional of Southeastern Regional Cotlcil Council meeting, 7/7/77, Atlanta. meeting, 7/7/77, Atlanta. 9/19/77 memo to Federal contacts from Senator WIaddell, Re: Interim (/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules and Regulations Rules & Regulations 10/5/77 letter to Paul Adams from Duncan Newkirk, re: Federal u /30/77 letter to Kim Fene from Duncan Newkirk, Re: haps of L/ands federal laends. 12/2/77 memo to Federal contacts from Ann Adkins re: Draft Final 11/17/77 letter to Duncan Newkirk from i. P. Crawford, Re: bnps of Rules 8 Regulations federal lands. 12/27/77 memo to Federal contacts from Ann Adkins re: APC draft 12/2/77 memo to Federal contacts from .dkins, Re: aft inal 1/20/78 general letter to OCP Luther Wisnor regarding Wild Rules Regulations. Scenic Rivers inventory. 12/27/77 memo to Federal contacts From Ann Adkins Re: ;FP: Dr-aft 2/3/7 memo to federal contacts from Ann Adkins, Re: news sheet 2//78 memo to Federal contacts from Ann dkin. Re: e sheet program outlien E scheule, permits program outline i schedule 7rocessed in '77 and coordination permits processed inll 19W. Rneetings. 1/2�3/78 letterfrom -Joneetings 2/20/78 Response to Coastal Council 2/24/7R letter from John Fischer to Wayne Beam,Re: Interagency questionnaire Xgreement between, OCZM E the wCRS regarding cordiantion be- 3/13/78 memo to Federal Contacts from Senator Waddell, Re: Draft tween the two a gencies in coast al Report,"Legal Analysis & Goals *-one nmanagement matters. 8 Objectives 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Report tegal Analysis 8 Goals Agency Contact List. 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal /11 o Federal nontact ency contact list precy c o t ac lstS/31/78 memo to Federal contacts from ga)ne Beam. Re: National 4/12/78 ipdated info. on Federal Agency interest i Federal Consistency contact List. questionnaire 5/31/78 memo to Federal contacts From Wayne Beam, Re: National 6/28/78 letter to dins From aul artz. R Response Interest 8 Federal Consistency 6/28/78 letter tofrom Ponse interest i Federa l Consistency to National Interest 8 Federal luestionnaire. Consistency questionnaire 7/14/78 letter to Ann Adkins -rom Robert Baker, Re: Response :o National Interest 8 Federal 'onsistnecy questionnaire. 7/21/78 general letter Robert Baker Le: Wild 8 Scenic River Inventory from G- 21 DEPARTMErNT OF TIlE INTERIOR U. S. Geological Survey DEPARTIIENI' OF JUSTICE DATE Iifnnn NAME REMIARKS DATE MyToDn NAME REMARKS 7/25/77 letter to C. Holt from Senator Waddell. Follow-up of Southeastern Federal Regional 7/25/77 letter to .Jonl Barnum From Senator Waddell, Re: S.C. Council meeting, 7/7/77, Atl. Coastal Federal Coordination Program. 7/28/77 fetter to WIqyne Beam from George Broom, Re: info on OCS development. 9/19/77 memo to Federal contacts from Senator Waddell, Re: Inte Rules F. Regulations 9/19/77 memo to Federal Contacts from Senator Waddell, Re: Interim Rules i Regulations. 10/S/'7 letter to Johm Barnum from Luncan Newkirk, Re: feder lands. 10/5/77 letter to _C.L. R. bolt, Jr. from Duncan Newkirk, Re: Federal Lands. 12/2/77 memo to Federal contacts from Ann Adkins re: Draft Fina Rules 8 Regulations. 10/28/77 telcon Ann Baker i Dr. Weyland re: Deadline for commnents on oil and gas regulations. 12/27/77 memo to Federal contacts from An\ Aikins, le: GAPC draf 12/2/77 memo to Federal contacts from Ann Adkins. Re: Draft 2/3/78 memo to Federal contacts from Ann Akdins, Re: news sheet, program outline Final Rules 8 Regulations. * schedule permits processed in 1977 i coordination meetings 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft. 3/13/78 memo to Federal Contacts from Senator headdell, Re: Draft 1/19/'8 letter to Wayne Beam from Robert Schoen, Re: Review Report "Legal Analysis & Goals of draft management program 8 Oijectixes". segments. 3/28/78 memo to Federal contacts from Wayne Beam. Re: Federal 2/3/78 memo to Federal contacts from Ann Adkins re: News sheet Agency Contact list. program outline 8 schedule, permits processed in 1977 8 5/3//78 menmo to Federal contacts from Wayne Beam, Re: National coordination meeting. Interest F Federal ConsiFtency questionnaire. 2/8/78 letter to Wayne Beam from Robert Schoen, Re General Statement on Geological Survey 3/13/78 memo to Federal Agencies for Coastal Zone Managers. from Senator Waddell, Re: Draft Rept. "Legal Analysis 8 Goals 8 Objectives. 3/15/78 Response to Coastal Council questionnaire 3/28/78 memo to Federal Contacts from Wayne Beam, Re: Federal Agency Contact List. 4/78 updated info for Federal Agency contact list. 5/12/78 letter to Wayne Beam from John Sein, Re: Federal Consistencv, O(S regulations 6/31/78 memo to Federal contacts from Wayne Beam, Re: National Interest 8 Federal consistency luestionnaire. 7/7/ 8 letter to 5nn Adkins from Rohert 1Schien response. G-22 DEPARTMENT OF I1E NAVY DEPALRIENT OF 11E NAVY U. S. Marine Corps DATE MEI~fn NAME REMARKS DATE 'FTltn NAME REMARKS 7/25/77 'letter to RADM tfoffmann from Senator Waddell. Follow- up to Southeastern Federal 7/25/77 letters to Col. Sigmund & Major Gen. Billon from Senator Waddell. Follow- Regional Cotuncil meeting, 7/7/77 up of Southeastern Federal Atlanta Regional Council meeting, 7/77 Atlanta. 8/15/77 telcon between Robert Meyer and Fritz Aichele about mapping program. 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules 8 Regulations; 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules 8 Regulations 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final Rules 8 Regulations 9/30/77 letter to - RAIi Hoffman - from Duncan Newkirk, Re: Maps of federal lands. 12/3/78 memo to Federal contacts from Ann Adkins, Re: News 10/21/77 letter to Senator Waddell RAIU1 Hoffmnnn, Re: Interim sheet,program outline F, schedule Rules &Regulations permits processed in '77 F, coordination meetings. 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final Rules F Regulations. 3/13/78 memo to Federal contacts from Senator Waddell Re: Draft report, "Legal Analysis g Goals 1/23/-8 letter & draft Captain Peery Duncan Neskirk &F Objectives" 3/28/78 memo to Federal Contacts from Waxrne Beam, Re: Federal 2/3/78 memo.to Federal contacts from Ann Adkins, Re: New sheet. Agency contact list. program outline & schedule, permits processed in 1977, & 5/31/78 memo to Federal contacts from Wayne Beam, Re: National coordination meetins. Interest & Federal consistence 2/3/78 letter to Ann Adkins from RADM Hoffmann, Re: GAPC 6/26/78 letter to Ann Adkins questionnaire 2/28/78 letter to Ann Adkins ftom Captain Peery re: response from Col. Schreiner, Re: Response to Coastal Council questionnaire. to National Interest & Federal Consistency questionnaire 3/13/78 memo to Federal Contacts from Senator Waddell, Re: Draft Rept. "Legal Analysis &' Coals 6 Objectives" . 3/28/78 memo to Federal contacts from IWayne Beam, Re: Federal Agency contact list. 5/3/78 letter to Wayne Beam from Capt. Peery. Re: Updated info on Federal Agneyc Contact List. 5/30/78 letter to Senator Waddell from RPII 11offmann, Re: "Legal .Analysis & Coals & Obijectives" 5/31/78 memo to Federal contacts from Waine Beam, Re: National Interest & Federal Consistency 6/5/78 letter to RAli Hoflofmann from Senator WIaddell, Re: National Interest concerns. 7/6/78 memo to Wayne Beam from Capt. Peery, Re: Response to National Interest F, Fed---consis G-23 DEPARTMENT OF TRANSPORTATION DEPARIE1NTf OF TRANSPORTATION Federal Aviation Administration Federal Highway Administration DATE MNTit 1 NAME R&tARKS DATE MF'TOD NAIE REMARKS 7/25/78 letter to Harold Little from Senator Waddell. Follow-up 7/25/77 letters to Ivan Jenkins, Charles Klenstine from Senator James Waddell, Re: of Southeastern Federal Regional Follow-up to Southeastern Comuncil meeting, 7/7/77. Atl. Federal Regional Council meeting 9/19/7j ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~/7/77 9/19/77 memo to Federal contacts from Senator Waddell, Re:/7/77 Interim Rules & Regulations 9/19/77 memo to Federal Contacts from Senator Waddell, Re: Interim Rules & Regulatiosn. 10/5/77 letter to Hlarold Little from Duncan Newkirk, Re:tion. Federal lands 10/5/77 letter to Charles Klenstine from Duncan Neokirk, Re: Federal lands. 12/2/77 memo to _Federal contacts from Ann Adkins. Re: Draft Final Rules i Reg. 10/l'/77 letter to Fritz Aichele from P.A. Walton, Re: Federal lands. 12/27/77 memo to Federal contacts from Ann Adkins, Re: news sheet program otuline 8 schedule, 12/2/77 menmo to Federal contacts from Ann Adkins, Re: Draft permits processed in 1977 8 Final Rules & Regulations coordination meetings. 12/27/77 memon to federal contacts from Ann Adkins, Re: �APC draft 3/13/78 memo to Federal contacts from Senator Waddell, Re: "Legal Analysis 8 Goals 8 2/3/78 memo to Federal contacts from Ann -Adkins, Re: News sheet Objectives" draft outline A schedule of coastal management program 3/28/78 mewo to Federal contacts from Wayne Beam, Re: Federal development, permits processed Agency contact list. in 77 F, coordination meetings 4/14/78 Updated info. for Federal Agency 3/7/78 Response to Coastal Council Contact List. questionnaire 5/31/78 memo toe Federal contacts from Whayne Beam, Re: National 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Interst 8 Federal Consistency Rept."Legal Analysis 6 Goals 8 questionnaire Objectives". 6/27/78 letter to Ann Adkins From Harold Little, Re: 3/28/78 memo to Federal contacts from Wayne Beam, Re: National Response to National Interest 8 Federal Consistency question- Federal Consistency questionnairn naire. naire. 6/30/78 letter to Ann Adkins from B. G. Cloyd, RE: Response to National Interest 8 Federal Consistency questionnaire *0~~~ *O"~~~-24 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORFATTON Federal Railroad AdministratJon Materials Transportation Bureau DAIE MnFTOf NAMF REIMARKS DATE F NAME REMARKS 7/25/7' letter to Jim '11omas from Senator WIaddell, Follow-up of Southeastern Federal Regiona 7/25/7-7 letter to Mac Rogers from Senator Waddell, Follow-trp Council meeting, 7/7/77, Atl. of Southeastern Federal Regional Council meeting, 7/7/77, Atlanta 9/19/77 memo to Federal Contacts from Sen. Wladdell, Re: Interim Rules & Regs. 9/19/77' memo to * Federal contacts from Senator Waddell, Re: Interim Rules 8 Regulations. 10/5/77 letter to -Jim Thomas from Dluncan Newkirk, Re: Feder lands. 10/5/77 letter to - Mlac Rogers from Duncan Newkirk, Re: Federal lands. 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Fin Rules f, Regs. 11/22/77 letter to Duncan Newkirk from Charles Smith, Re: Federal lands 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft 11/23/77 Telcon between Tom Sims and Harriet Knight, Re: Manage- 2/3/78 memo to Federal contacts from Ann Adkins, Re: news ment program status and schedule. sheet, program outline 8 schedu permits processed in '-7 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft coordination meetings. Final Rules F, Regulations 2/17/78 Response to Coastal Council -128/77 letter to Ann Adkins from hac Rogers. Re: Draft questionnire - Final Rules 8 Regulations. 3/13/78 memo to Federal contacts from Senator WIaddell, Re: Draf 12/27/78 memo to Federal contacts from Ann Adkins, Re: GCPC Report,"Legal Analysis CGoals draft 8 Objectives". 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal program outline F. schedule, Agency Contact List. permits processed in '77 8 coordination meetings. 4/78 updated info. for Federal Agenc Contact List. 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Report, "Legal Analysis 8 Goals 5/3l/78 memo to Federal Contacts from Wayne Beam. Re: National , Objectives" Interest 8 Federal Consistency 3/28/78 memo Federal Contacts from Wayne Beam, Re: Federal. Agency Contact list. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Interest and Federal Consistency quest ionnaire. G-25 DEPAR'IENT OF TRANSPORTATION DEPAREIIINTF tI TI'ANSPORI AT I(ON Secretarial Representative [J. S. Coast lluard DATE *IFOInn NAMlE REMARKS DATE E DNAE REMARKS 7/25/77 letter to Sec. Representative from Senator Waddell, Re: Follow- tup to Southeastern Federal Region- 7/25/77 letter to Captain Madson from Senator Waddell, Follow- al Council meeting, 7/7/77, Atl. up of Southeastern Federal Regional Council meeting, 7/./77 At l anta 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules 5 Regulations 8/12/7 relcon betweeni Frit- Michele It. Iartn concerning ulse of Stillivans Island lighthouse 10/5/77 letters to Federal contacts from Duncan Newkirk, re: Federal for taking pIoto,. lands. 9/19/-7 memo to Feder.al contacts from Senator lWaddr l , RF: lnrter 12/2/77 memo to Federal contacts from Ann Adkins, Re: Draft Final Rules Fi Regulations Rules i Regulations. Rules Regulations. 9/30/7 letter to Capt. Madson from DImcan Newkirk. Re: Ilaps 12/27/77 memo to Federal contacts from Ann Adkins, Re: GITC draft of federal lands 11/2/77 letter to luncan Newkirk from W. R. IWilkins, Re: 2/3/78 memo to Federal contacts From Ann Adkins, Re: news Maps of federal lands. sheet, program outline & schedule permits processed in '77 7 12/2177 mcmo to Federal contacts from Ann \dkins, Re: Draft Final coordination meetings. Rules f Regulations 3/13/78 mremo to Federal contacts from Senator Waddell, Re: Draft 1/31/77 letter to Ann Adkins from Capt. Madson, Re" GrPC dral Report "Legal Analysis F Goals R Objectives". 2/3/78 memo to Federal contacts from Ainm Adkins, Re: News sheet 8 ~~~~~~~~~Objectives". 2/3/78 ~program outline 6 schedule, 3/28/ 78 memo to Federal contacts from lWa.ne Beam, Re: Federal permits processed in 197' F Agency contact list. coordination meetings. 5/1/78 letter to llarriet Knight from Donald Geoffrion, Re: 6/tu/78 Response to Coastal Comncil "Ilegal Analysis 8 Goals F questionniare Objectives". 3/13/78 memo to Federal contacts from Senator VWaddell, Re: Draft 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Report, Iegal 5nalysis S, Coals Interest Fi Federal Consistency F Objectives". questionnaire. 3/28/78 memo to Federal contacts from 1VaN-ne Beam, Re: Federal 6/28/78 letter to Ann Adkins from Donald Geoffrion, Re: Respons Agency Contact List. to National Interest 8 Federal Consistency questionnaire. 4/78 updated info. for Federal Agency Contact List. 5/31/ 78 memo to Federal contacts from Wayne Beam, Re: National Interests and Federal Consis- tency questionnaire. 6/13/78 Telcon between Ann Adkins 8 (huick Williams, Re: National 8 Federal Consistency questionnai f,/14/78 Telcon between Ann 4d lins F, Jim IlhrhNy,Re: National Interes 8 Federall Consistency questionnai 7/12/78 letter to Aim .\dkins from capt. ,ladson, Re: response to Iederal Consistency questionna * 0-26 0 ENVIRO/NENTAL PROTECrION AGENCY DEPARTMENT OF TRANSPORTATION Urban MIass Transportation Administration DATE IFTllnn NAME REMARKS DATE MFT1n[ NAME REMA4RKS 7/ 19/77 Telcon between l'rax Hoebs and Jack Smith, Re: EPA interim 7/25/78 letter to Doug Campion from Senator Waddell, Follow-up idelnes air ualit stn- of Southeastern Federal Regional Council meeting, 7/7/77, AtI 7/20/7 7 Coastal Council Trux Moebs made presentation to Coimcil 9/19/77 memo to Federal Contacts from Senator Waddell, Re: meeting concerning EA Pilot Program Interim Rules & Regulations. 10/5/77 letter to Doug Campion from Duncan Newkirk, Re: FederalLX tnebs k re un lands nmeeting presentation, -/2n/77 Final Rules & Regluations of Regional Council meeting, 7/7/77, Atlanta. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GaPC draft 7/26/77 Telcon between Tnrx Dbebs and Ann Adkins, Re: EPA publica- 2/3/78 memo to Federal contacts from Ann Adkins, RE: News sheet tions. program outlien & schedule, ./2f/77 letter to Anm Adkins from Trux NMoebs, Re: EPA publi- permits processed in 1977 cation for Co coordination meetings. 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft 8/5/- letter to Trux boebs from unmcan Newkirk, re: Receipt Rept. "Legal Analysis 8 Goals of EPA publication. Obhjectives". 9/19/77 memo to Trux Hoebs from Senator Waddell, Re: Interim * 3/28/78 memo to Federal contacts from WIayne Beam. Re: Federal Rules F Regulations Agency Contact List. 9/30/77 letter to lnrx -bebs from Duncan Newkirk, Re: Niaps 4/78 updated info. for Federal of Federal lands. Agency Contact List. 12/2/77 memo to Federal contacts from Ann Adkins, RE: Draft 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Final Rules F, Regulationsl Interest 8 Federal Consistency questionnaire. 12/15/77 letter to Duncan Newkirk from Reginald Rogers, RF: Draft Final Rules 8 Regulations. 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft 1/25/78. meeting in between Coaastal Cotmcil, FPt, Charleston IIFEC, Fi COG staffs. 2/3/78 memo to Federal contacts from Ann Adkins, Re: News sheet, draft outline F. schedule of Coastal Mannagement Program development. permits processed in 197- and coordination meetings 2/21/78 Response to Coastal Council quest ioianni re. 3/t/78 Telcon betieen Ilarriet knight and Mlichael Levi, Re: Status of "28/C21 coordination in S.C. G-27 ENVIRONIENTAL PROTECTION AGENCY Regional Administrator ENVIRONMNIrAI. PROTECTION AGENCY - continued DATE MbeV ki NAME REMARKS DATE NFnT 1nn NATF RSlARKS 3/13/78 memo to Federal contacts from Senator Waddell, Re: 7/25/77 letter to Regional Administrator from Senator Waddell, Re: Draft Report, "Legal Analysis Follow-up of Southeastern Regiorn 8 Goals 8 Objectives" Council meetins 7/7/77, Atlanta 3/14/78 meeting of CZM Directors with EPA, Re: Federal Consistency 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interir Rules F, Regulatiosn. 3/28/78 memo to Federal Contacts from Wayne Beam, Re: Fedral Agency Contact List. 9/30/77 letter to Trux bMoebs from Dtncan Newkirk, Re: Federal I ands 4/5/78 meeting in Charleston between Coastal Council, FIPA COG, F& DHIEC staff. 12/2/77 Nemo to Federal Contacts from Ann dkins, Re: Draft Final Rules , Regulations. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Interest and Federal Consistency 12/27/77 memo to Federal contacts from Ann Ndkins, Re GCAIC draft questionnaire. 6/13/78 meeting Ann Baker, Harriet Knight and 2/3/78 memo to Federal contacts from Ann Idkins, Re: News sheet Ben Gregg met with EPA staff. draft outline and shcedule of Re: Air Pollution in relation Coastal Management Program to CZM,; EPA e CZ.I coordination development 4' coordination meetir 6/14/78 Telcon between Ann Adkins and Michael Levi: RE: National 2/21/78 letter to Ann Adkins from John White, Re: GAP: draft Interest E Federal Consistency questionnaire. 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft Report, "Legal Analysis GoCals 6/14/78 letter to Ann Adkins from Michael Levi, Re: Response f Objectives" to National Interest and Federal Consistency questionnaire 3/28/78 memo to Federal contacts from Wayne Beam, Re: Federal Agency contact list. - /1/78 letter to Harriet Knight from John hfiite, Re: "Legal analysis F, Goals F. Objectives" 5/31/78 memo to Federal Contacts from IWayne Beam, Re: National Interest questionnaire 7/3/78 letter to Wayne Beam from -John White, Re: Response to National Interest and Federal Consistency questionnaire. G-28 GENERAL SERVICES ADMINISTRATION IARINI MBIVALNI. C(OlNMSSION DATE MFJTIOD NAME REMARKS I NA IE REARIKS 7/25/77 letter to Louis Genma from Wance Beam, Re: Federal 7/25/77 letter to Lewis Strom from Senator Wladdell, Follow-up Coordination. of Southeastern Regional Council meeting, 7/7/77, Atlanta 9/19/77 memn to Federal contacts from Senator IWaddell, Re: In- terim Rules 6 Reg. 8/15/78 telcon between Harriet Knight and Lewis Strom, Re: Mapping of Federally owned lands. 10/5/77 letter to louis Genna from unmcan Newkirk, Re: Federal lands. 9/19/77 memo to Federal contacts from Senator Waddell, Re: Interim Rules 6 Regulations 12/2/7 memo to Federal contacts fron Ann Adkins. Re: Draft 9/30/77 letter to Lewis Strom from Duncan Newkirk, Re: Maps Final Rules m Regs. of federal lands. 12/27/77 memo to Federal contacts from :Am Adkins, Re: nAPC draft IZ/2/77 memoo to Federal contacts from Ann Adkins, Re: Draft 2/3/-8 memo to Federal contacts from Ann Adkins, Re: news Final Rules A Regulations. sheet, program outline 6 schedule permits processed in '7 coordi 112/27/77 memo to Federal contacts from Ann Adkins, Re: GAPC draft ation meetings. ,Z3/78 memo to Federal contacts from Ann Adkins, Re: News sheet 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft program outline A schedule, permits Report, "Legal Analysis , Goals x-. processed in 1977, A coordination . fnhiectix-eq." meetings. 5/31/78 memo to Federal contacts from Wayne Beam, RF: National 3/1/78 Response to Coastal Council Interest and Federal ConsistencyI questionnaire. questionnaire. 3/13/78 memo to Federal contacts From Senator Waddell, Re: Draft Report, "Legal Analysis A Goals A Objectives" 3/28/78 memo to Fedeeral contacts from Wayne Beam, Re: Federal Agency contact list. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Interest and Federal Consistency questionnaire. G-29 VEIFERANS AIDII NI .STRATION NUCLTFAR REGrIIAlORY COM(YIS1SON DATE NIFTignn NAME REiARKS DATE MlNAME REMARKS 7/25/77 letter to Voss obore From Senator Waddell, Follow-up to Southeastern Federal Regional Co� Silt m eeting, 7/7/77, Atlanta 9/30/77 letters to David Sisson & Richard Wittington from Duncan Newkirk, Re: Federa land. 9/19/77 memo to Federal contacts from Senator Waddel1, Re Interim Rules f, Regulations 10/21/77 letter to IDumcan Newkirk - from F.A. Granito. Re: Federal lands.~~~~~~~~~~~~~~~~~~ ~land. 10/S/77 letter to Voss Wbore from Duncan Newkirk, Re: Fedleral lands. 11/16/77 letter to Dimcan Newkirk From DoInloan Houer. Re: Federal land. 11/1/77 letter to Dumcan Newkirk from Robert Ryan, Re: Interim Rules and Regulations. 12/2/77 memo to - Federal contactc from Amnn Adkins. Re: GCI dr-aft 12/2/77 memo to Federal contacts from Ann Adkins. Re: Draft 1/1(1/78 letter to Ann Adkins from \T. Miller, Re: CAPC draft Final Rules & Regulatios 2/3/78 memo to Federal contacts from Ann Adkins. Re: News sheet 12/27/77 memo to Federal contacts from Ann Adkins, Re: GAFC draft draft outline 8 schedule of Coastal .qanagement Program Devel Z/3/78 memo to Federal contacts from Ann Adkisn, Re: News sheet opmedt,permits processed in '77 program outline 8 schedule permits and coordination meetings. processed in 1977 & coordination meetings. 3/13/78 memo to Federal contacts from Senator Waddel'l, Re: Draft Report, Eegal Analysis 8 Goals 3/13/78 memo to Federal contacts from Senator Waddell, Re: Draft v Objecties" Rept. Eegal Analysis & Goals R Objectives " 3/28/78 memo to Federal Contacts from Waane Beam, Re: Federal Agency Contact LIist. 3/28/78 memo to Federal contacts from Wayne Beam, RE: Federal Agency contact list 5/31/78 memo to Federal contacts Trom " Fee eam, Re: iationtal Anterst 8 Federal Consistency 4/19/78 7pdated info. for Federal Agency quIestionnaire Contact List. 5/31/78 memo to Federal contacts from Wayne Beam, Re: National Interest 8 Federal Consistency questionnaire. G-30 Appendix H Agal-oy StSL Agency~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~SC 11a1u at kip" III hal u Su1i St-lIitfI1,,ii Iwfig! Fesom51t11f. Aeronalltics Cxrilnitssion C.0111"ini Januai-y 4, 1978 (ItviiIt fIe(uah�14Iisi',.fnty isini Igoatfal Innm Uapnping Advisory Conunittee" colltll'ia JawutLry 12, 1978 Senate Fish, ~ 4 Frestry Comni tee- C0dtrnlin .Jaltint) 17, 1978 S.C. 1411., eIIP ,,t1'~i f Omidsq imnSi alV' tl1lt4l~l C2~-M-ZO Cominittee W4ethig Ctallmalm .Jamnaty 25, 1978 Water Ilesixtices Commlittee Gollwublia Ja"nuary 26, 1918 SC. 11.-1101e On-mailtn its Gvalmuq s Innt IPsI;labl islow-11 Il sa-t ,WIi'av tO.9 fij F, Ga,, Omoofreace (31:1FACSInn rettnntry 24-2S, 1978 f~tila stillbSiti rui log tile S.C. (joint pastlazipation with seveial other St ate and Irleral agevucies) ol. lipartuient of healt]% 8 Lailioulmli~tal Cnol Collm'i-i ?-larch 13. 1978 %.4. Ih'pafflivarlt of Wilill Iie owl Mirlor Resnd's I'tStVISl,,it of JOU '(#1l,,w,:PWAJ1 Mapptag Advisory Cxxmittee ColliaMia 1,1,rcli 22, 1978 5tgr'lh s fell thel p.,ltmlt ille 1118 IgtI n. Senate Fish Ganm 8 Forestry C~Otnttee Cuoiv~ia March 23, 1978 senate Laboir, CoImuerce 4 Industry Camuittee Colkadlia Wbich 28, 1978 W lpogtolent of Health 8 Enviroumental Control Calmdlja April1 3. 1978 * Senate Wieor, Commerce. A Industry Committee Colliula Alpril I1, 1978 CZ7l- 218 Co"Rittee M!SeFing" tj-urlestoll Npril S. 1978a Isenate Fish. Gim A Forestry Coilmittee Colualaia Apr il 13, 1978 INIihic Service COMIttee Coltimi-I V~i i1 20, 11178 Division of Administration. Fnergy * Hanagestint Office Collmilia .Apri I 20, 1978 Public Service Authority Ilnmi1S CBolter M ay 1, 1973 (All relevant State Agency D~irectors) Coitmuina M ay 51 , 1978 lagying Advisory Cowatittee, Colmabia W rbY 31, 1978 llerartuv'mt: of He~alth 8 blvirimmantal Control Cnifrduia wune 12, 1971t Potts Ailthlority 0131rt,'ston JuneW 13. 1978 S(X)Rr Excitange Cotuicil" Cohlamlitaj .11ine 23.0, 117 CIll, Review Committee, Mlarlestont .1w, 26, 19178 lktulrpt 4i Conatrol Board Coliutii .11nuo '1, 1978 Ifilghway W~porartut Collmlbia -lime 30, 1978 "Consists of representatives from a nimader of State :tgelldilS. -the above list is LntelideaI to bhe tepreselltttive iln fitltre, alitt to Hill-tstrate ratlher thine esinaust thre list of State agency .:..tttacts. H-2 Clair P1. Olness, Jr. Mr. It. L~ewls Shiaw, 11. E-, Ditrector S.C4. Water Ilernumeces Commnisslon D i visionm Of Water Supjply 383) Ft-rest Itrive, P. 4). lBox 4515 S . C. Derpairtmentu of Helethll.atel TAIII.E a Columbila, S. C. 29240 Fieviranuisenala Cwllrol Stale Agency Malllsu&Llnl ~~~~~~~~~~~~~~~~~~~~~~~~~~~2100 Nullt Street State Ageney Ma~~~~~llsig'Ust lisi~~Egar S. Coffey owra,. C. 29020 State "foghway Knighteer S. C. Dbelartlaent of Ifigluways Wr. Charleii I. Jeler and Puddle Sawollo . C. Iliepartinetit of Ilea~lth and Chuester E. &ne.I4iry BI. .1. Weeks, Jr. P. 0. MIX. 301 FonvirwmukemellaI Voutral S. C. lDePHI'l ibemr Of Hecalth anUd DiirlSetI Hnghwett ('0luimljl, S. C1. 29202 21060 Bull Stree ElrneullConlral S. C.. Iheliarlasmal of Illlghwtwy and Columb~ia, S. 4. 20201 26010 Itull Streed Iodiune Tiranmirisulalns 11rank Cagglanto, Dibrector 4:1olunulda, S. C. 29201 P'. 0. lBog 47161 Research & Addsieltlallou Mr. Robert 43. fiross Clinrlesitui H~eihtsl~, S. C. 20405 Blou-se Agritatllore St Ilatural Riesource S. 4. lDeterltsuelul Of flhddtb 011- (I. Eid ltlclar.kwon Coammiltlee V~vaieia raddrol Es~vrvlromsenitil Affairs Division, J. Gregory "rwo S. C. Sltae Hoduae 2400 frut ski-eel S- V. Waler ltesouuces ('011iaakirshuu Execullve Asabijuan -Pudlei Affairs P. 0. Ross 311061 Columbtia, S. C. 23201 P. 0. Rom 453 1 5. V. state Ports AullwrIlfy Cobouiable, S. C. 25211 I, adellm Colundlift, S. 211240 i ~ ~ p. 0. flas al3r.31 Btl Colwulds, S. C. 20240 (~~~~~lum-les-lwa S. C. 20492 Fred P. Dliklimnan B. C. D~eparlinenl of Ilealth auald br. Via IlurrCHl Execullve Director FAVkroumaeuald Control S. C. WIldlille lieparlipledd Jolnt WV. Parris. Vgeculive Dilreclar B. C. I"Jarlatenl of parks, Recreation, 2600 [blulI %freel P'. 0. lbsi 12559 S. C. Land Resources Conservation, Consu. ago TOurlssa Cotunutila", S. C. 29203 C:lurlesioa,, S. V. 20411 2221 Dtevine Street. Suitle 222 flax 313, Edgar A. Brown Buldinlhg COllunibill, S. C. 251205 12aPudeo t ir. harry Atedrow Jdul HI. '1Ifisabou,, Genaeral Manager Col~ausula, S. C. 231201 S. 4!. Departmeent of fleallh and S. C. Pastlle Service Aulluirifhy J. 1). Hoop~er Filvironamenala 1,01dral 223 NorthIlive Olak Drive District Maintenance Fidgineer Kelith Babcock 2600 MIRu Sig-eel Istoneks Varuner. S. C. 20461 S. C. Dqillepa lame Of lllghwnYS aFIA Allorney Uplideral's Office (.oldalsift 9. C.. 29201 pidle aTrasisoriwallon waste Hlamapton Officea Holiualng J,.Imn It. Tiller P. El. flax 4187 P.O0. boat 11549 Mr. Rodn'Tale Slate Forester Dlatso lihs . C. 23405 Coialimla. B. C. 20211 21ls Avenue, 14orlI V-irestry C olloollrsloo Myrtle Reach. S. C. 29511 P. IL BRON 21181 Rtohierk I eak. IDireetor Hickt Iayste 144oU6,11,1a, S. C. 29221 S. (..'late 3)cvelopinical Iloril S- C. Land Resources CgiibsdaMr. J. flinnovali laink" 1363 tiervals.11real 221 Devinre Street, Suitle 222 3000 Air Park Road Dr. James ATianrinJr. P. 4). Miox 927 - Columabia, S. C. 29231 (3jarlesloui Ileglights S. C. 29405 S.4C. Wl~dlife I~tinsialruenl (Uhlnalpha, S. IX 29202 ..BeuM.arilllto 1' 0- Diog 161 C .BalM.Mrhl lo (uudlS."th Carolost 20202 FA~genei A. rAUreuI, Ilrelktr11 Amti. 11ciaily Comms. for Eivlrooninettll R R I. 1, Box I 110 91 DIV. of Itesearch At stalisliral ServIees Quality (Controt Hrlurof. S. C. 29902 Ila-uld IL Irsak, Jr.. Slieclat Assistant S. 4. Stale Ikuaudel & Control floinrdt 3. C. D)etriluneau of Hea~lth mid lfit le of file Glovernor t028 Soliatr St.. Stolle 201 taisvroanmcalal Con~trol state linen Columnbla, S- C. 29203 2600 Null Street P. 4). lbn 11458 (!aabnsdbla, Soutlh C;arolina 29201 Columbiba, S. C. 29203 Edwlut U. .1uipIO 5. 4. W0.111ife Departmaent Pat Ryan Jn,-k iluilli P. 4). Mix 1 2559 S. t-..lldubtfe lc)cpnrlnaeul4 S. 4'. Idiatlut 4".11iel (3marleslnua, S. C. 20412 P. 4). flux 067 1 11 Id Hakers Trust Tower Columbita, S. C. 20202 ICol"141,l.I8A, Sli, Carollasa 29201 J Mvidl Cnislsa S. C. Wildifeit bIu.3artinvid Mu5. fatIdTyn It. bPOiv1rs Murray Wood1 P. 41. Illjx 12559 c/o IS-malor Jasurs M4. W861,14-t, Jr. Band4 AAe.%ources couaervalloua C"In~Awuloli Chat. lesion, S.c1. 20412 3'. 4). Box 342 2221 hievidne St., Soile 222 C'olumbtia, S. C. 29202 (:olumbla, S. I . 120105 [)A CE~~~~~~~~~~~~~~~~~~~~~~~~~~~DT METHOD NA'E _ RLAi2 Nfil Ef~ff AF RFKMARY.,;_______ 2ujie .0111~ rVIft~ Ud(I~eSt~ng St~tC t UUJdi(ilt~ J01 lete ~uI jo tinta im,) naculIr etI ofhe Costal ule %ljdgj_-mljjt aAJ 114111kaAtu, 0IE'olmn ihohrsafaecu, R/ 5/77 letter to Waj I.ddell fium RoIRerc Stelphenson congraulait lg on thle enaictmelit Of COaistal. ?INInag-rneot Ait :und ex\pressing jifc.,Izbt ill betikaf of -irdJ].1~gy insilutle H- 3 nrr4R's GE ICE CONTACT IOG OtC O hTTOWIFY GENEALS OF(FS.C. RIJDGET E. CONTROL 13A ONACTLOG DATF, METH~OD NAME PF:LAAPKS ______ DATE \I- ETHOD N AM EEMP 5 7/7/77 letter Ilijiel :Ueod fro, fit. II. f.ui clam requetliCnig mdvice on procedtjres C , 30 metm in n~ecussamrv 0) ilesfue Complilance wi rh X,--t l cIo.i 7/ 2Am7', lettfer Scriator lVaddiel I letti or inlom hg en"I'Aent of time 'i. C. Coa-;tai 8/16/78n in Mtr. P'aul rflm fm m 'pisrms~rril~ f iinu ile Zone fttbj.eument Act. and requiesting strIeC coordination. Pawleys Is. Control Board. 1/27/78 letter L eith IBabcock from Dr. 11. W~ayne Seama expressing thanks in mabcock's uepe~.nraior ad legal 511VINmit. during the Wando River appeal in the. stipre-ae court. 0-4~~~ CONTAC-T LOG OSC1 AMIITTONCONTACT LOCG DATE METHOD) N A NE 14 E.1A A 1 S D.A TE METHOD NAIME RE&A RKS 7/2n/77 Iulter R iobert Lel-ci~ (I-orl FIV13WTo WliddkilI ni"0"loP "ing hm til e emlCmctUcrmt 4/2O,/71 umaetilyj iErwrqy 1Moojonment of ,kxotjI Carola w s Coastm it Zonertmmgwem Act -uld office ljrInCipajl gml.ukd Iur me, of tile SamtILI Carolina :Coastal CCRuicil. ~/l7/8 mmmctwg Senatr W~mdell disctm'ion of interag(.1cy coordination. Imivicleoll s/1/78 letter Mr. Farl ELllm flor III. lgayne 13eua rn : retyped and corrected tknrmmmlof Agmecentit to be 5igned by C.hairman of bothl agencies. S. t. Forestry Commnise ion (t IAII co"VrA..c- LOG 111:11. 1); PIE-U~ 74 LNN I ID>'NENtAL ('WI lPOL DA TL 7 _NEFII vv AMEt: _____ t'AI~ PA rF: _LErI:fOt) NAME REMIARK S 7/Zb/771 letter from Senator to itfona St ito forestry 1oimsisti~,nthe atment "/l tC ertter C..R.. I. aheIl I fr mi 11t. Dleite IkliiieJllvs'5inflg hi llooking foriarr ,/213/7.4 letter from Senator to inform. '~l Ife Forestry ('000issi"Iftil e e n a c t m e n t t" ta'king in 'itit MR:lill 'Icielopioli" Stind] effectiv Itd'Iell ~of tile� '. I GI-stal Council and ncccrage tie~tgmnpormaic i a n i h A Of di n~~~it i to with ~~~tate agetic let. memog ~~ItKIdimia otl agreement hetw~eln tile two agenCies 3/4/7 7 l e t ~~~~~iteresm ili t. in WIrd11ila IK)L-5g Foresthe .C. ommssion -,2o- I letter Seutittir WK0'le I L*t f il informing 111W of enactment of tile S. C. I rst l ~-iltigwt h . . coatalC-st~il o-_ne hl;-usaomieuit pi owram andl the needed coi)"t inarion with all IState ag,-it es c inceilled. 11/l/77 meet ilog w/ W~. C~lauide discubsion uitituuagement act as it interest tri /(/7 ht r M.IhcnNwi.tii" eal xrsigrve f~londnO llardelt Forustry totnanssionl. -ft/7 ite -f ~ma SwirIet fly fitl I exrssigreiw fPnofdiio 2/9/78 tel/colt le/ John Filler Observat ion totter ,In CedaIr isl-'Uld R I /24. 77 letter Senator Midadet I Ilo inn alet Priesper, Jr. advisin Snto ide Io 6117/78 mteetinig Johnt Tiller discuission of interagency coordination, his ;a. 'ePraflce to chair a C'mui tree to stisly tile funcheoll ~~~~~~~~ ~ ~ ~~~~~~~~~~~~~~~~~~~~irmpacr of enioet-lpruntection as, it relates S117178 letter Fir. Claude Ilarden draft ?4,os1,tjdum, of Agreementt. ti ' -tilomjlc dewelolwttut in SC, leqject a Person to fie designated by Constal toulril to serve on 61/ I a letter M~r. Claude Barden letter re Draft Fiwiorandumn of Agreement this co"mlittee. 8/125/77 letter N-trcans NWlirk r'. - Iemorandoin of Agrc-ement from C. Mt. lreal . 9/12/77 letter, Dr, l'riester from Senator Waddlell, re- MIemoranidum of Agreement U/ZS1711 M-et ing Coastal Zone 208 Arenwide W~astewater Treatmrnt wue~tjlog. S//( letter J ohnt E. Jenkins from lit. Waylle Bleam ieqliesting incest ig-frion and studly Ol 1101i'M design. consItruc~tioII. And ilfirac1t On 14ater .hI'ltity tlhrough state wide N8l monies. 1,/I17/1 meet ing dv-'iissioll of interagency codtain lunch'on 6/14/'8 letter Dr. Wa~yne fl~e.-i frism V. R. BealII re. 14IFF review on I.P-wil Analytsi Htill (oaB and IOn~ectitves. 3/113/7"I meeting Dealt. feter. J)iSciISS PPIlituiS of 14[r.: which s:C.C MIAst c'tifv arid/or Skwygert, Dlavis. Cunmw-nt upo'vn. C~ross, Cooper 3/19177 meeting implementation of oil R-Ias hill I I ~ ~ ~ ~ ~ ~ - CO NT ACT I COTA rLG fIJ21E IAND) IuMsIRLUS MMNUVTIN(t. C~TCI O DATE METHOtD NAME R ENA R VS DATE METHIOD NAME RLEMARE.S 3/29/7 latter Dr. II. lWalne 8".p, Iisom 'Amrray I"sId. Dept. of 3Iinifig re ~shst (3/19/11 RV--oting ill ImIAluaentatioui of all and Gas bill. lpjigstean.'ugrntithIliarleston 1/8/8 wreting w/ [Haui W. cutLb, iscu~sscIu -t Izusini interest betwen the S. C- fih- 7/29/77 letter '-:nacrr Waddell fi-im -1,hnu 11. Parris re: apINihltment of Miick Bayne thuef Ilwy. Crass. wall iia or An tire South Carolina costal couict.J Hison~ for Land Rcsources Conservation Coiiu w/ Elic, Coastal Colulcil. 1/20/18 aveeting in Paul Gahlejotis L Discussion -,f Evosiorn Conttrol me.-sures at Polly W.adL /1/8 meing SntrErdl Isrsisro neaec oriain Folly Beach C. L. Plattlueis 5177 Ituine enao r adlI is, no neagec oriain I4/14/18 nreeting E. S. Coffey Discussion of propoasal of Murri Calr), I pressswy crier i/IS/l8 meeting Rogger MkIdd at tade Ilampron lkntel, Gala, to discuss soil survey Ma Cj-)13&r -uvJ Wando Rrv~~~~~~~~~~~~rs. ~in .uh(.Carolisia's Coastal Zone. 5/1118 lncho olCb icsin]fitrqny(~risi 1/27/18 letter Roger Whidd from Dr. IL. Wayne teain thanking M4r. Mi~dd for presentation at Jainuary 13 faceting on soil surveys. I~~~~~~~~~~~~~~~~~~~H 117 S.C. 011111n CourIC1l CONTAC r G~ I. Pys lcr(toGl ors CONTNCT LOG DATE NfETH01) NJAME REMARKS DATE NfE:TIIOD NAME flE A R I': 7/26/78 letter lvinter iw,~"redim enacim'n S.U C. Co.3St.' VIS/- litter to l'hilip hI'der fruli V1 ti.vu.n eltaexp!j'essing file Wildl!Iife ()epartment's Coumics 1. Coemim i; sn * m mach A~cces, sludy 7/21-0/? letter rmmol 4-1,ktr mies Intdel] ISending noti' e of elmacrem'-rm S. C. ov.t Zmmume 6br~gingfIM1 pingram cmi enmou ia g" input ftIun other qtalte agmmcifs. .4111177 letter to "winator WaddellI fiom I mie li 1imi~nmm expressing Pills minterest in the fomamtaml ("Itocil. State agency coordination. S/2t/77 letter tim senator W~addell from I red B 1iinkman re: kinion ('-Kmp prop'erty in flardeeville 1,117/7-3 wmeet ing Senator tiaddell Jiscuss;ion of State roordinari-R]. I lutteranm'mwy) Imunctwon SXI 751 letter cenator W~adde II from Fred lirinlinan expressing 11Wr plans to attend tIre wn-ring by mime Corp of Avity En-ineers regarding t,/31/78S letter Fred Brjniimmim fromi It ifa'mme #feam re: M-momindum of Igreememit idth lt- ti, lapprovied. PP.TRVJFI., PIPIVT DEEIIy I ArLR UR1 CONTAC I uC-CON;TACT LOG, DATE METHOD NAME REMARKS D~~~~~~~~~~~~~~~~DlE': NIETIIOD N AME REMA RKS ol/18/77 letter fromn lIon Welch to S-malm-, .Iaiiis Iid~lell congratuilating, him an 7/26/77 letter IALet~e imotrtityl e-nacheent Of tile S. C. 'Coastal t1oatk apniddesnate as (Imaictin of the S.oC.tast ~~~~~~~~~~~~~~~~~~~~~~~~~~011~ I lii.sdesigantme as Ihairan fox tile P.C ours Authority with the Coaltal Coaincil 3/10)/78 letter from Gregory Prior to I1.irit-et Vcoight re, development of Amaagemewnt - ~~~~~~~~~~pI..i for port and navigation facilities. 5/17/78 meeting Dan Welch to di-tcuss interagency coordination H- 9 CTCTLOG 4;OtTAcT LOG S. C. Public Service Authority Phj erie(uiisu DAT E NAMETHD NAME EMA RlKS DATE METHOD NAME R-M A R KS S1/I/7s meet ing I~ - io n of flemrandina of Agi ecmewlt A)IICKS corne ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~,2li-7 meeting ia, Of klemoulrn'lom of Igreement 5/177/78 meeting lDiscu!'s:iori of finteragell'Y coordinatioll. lleeing~so ~~f inteui;mg.nry cuoidinit ion. 11"ncheonl Itaiceoll R,12/73 meeting l'incussion of th~moranldar of Agies-,eent. S. C. I'lhic Ra l wy C0111isi CONTACT L.OG C~ONTACT LJOG DATE ME ['HOD NAME REXI.AUIS ________DATE INETTHOD NAME REMARKS 7/26/77 lctterliter iiafonihlng enactment f the S. C. fo~sta1 9/31)/77 letter lhilito fir. tuL1Wayne Beamnereqaestinestindraftrft ereonsnseof 7126/77 lecte r letter infnn ucmn fth S.C qlal 93/7lettio ier Submsitted by ~Rcorganizaticin Commaission on diarijes of tile S.C. Coaistal couincji 10/fl/78 Jetter IL. Wayne Bkeam t, Mr- Phil Giose answeriiig tjLiestionnaire. S.C. l~~~;i~irtitent of Water Resources P~~~~~~~ I . S. C. Wildllife A Uirine Pesolij, S corl'I'ml LUC; I)\F\Fl') ?!~C- DATE NIT11I(JI) N AIAE I,1EMARKIS 7/fI/7'1 letter .Lnr~.I~de egailliff 'iictrs of eaa oe~aaein I .k~~~~~At aiid tl'~' need if tfstate coordinat ion. I./'M letter kDr. chat les Be.1l,1 I Re.1ding riser ici management wips s.itdi .1 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~office of i'oastaI --one ?.lhnnaumcnt in icasliington /It/'Bt78 letter ~Ir. Cilair Guess rvquest to-set up meetinv cuit n ia survvvin.,, program to the S.LCu.tuatal Co'mcil. 3/ 1/78 letter fir. Edwhin 1t. flI.' I?. ILI. II F',-I Emu Ileldging S.C. cojatal Iosepli coui, il I u pp. ut of the isl;nuds l;i baact r i at ion 1/18/781 met jog 'Mr. Clair (kiss fiuhal 111-Vev~int! prn-rm meeting - hade Ihmpton hlotel. sttill 4/l-1/78 letter from flunatan Nlewkiwk to Ge"Jg- Ill re: review and coumngent I / 20/7-1 iv et ing Dr. Frank Stapor Folly Peach erosion tteeting in Folly Bekach flat ANd Scenic Rivers Class 1i gisidelines- 5/~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~1217/7 meetin l.(ltrGes dsuc., fitrgnyctiiain12/8 meing NWr Vic Pilutrell jsis nof uMatters of conason interest eaith Wildlife 5/77 ieig'r l a i ker dsu!" fitrgncyent coodiati i,~;unc te,;uuuces aend S-C.(Vistal Coutncil. 6114/73 letter to ILAirier Knight from Clair Gjess Siuppivjnn corstients ton die IL 5 /17/73 meet ing [i'. Jazmes Timmuer- dis. fission of interaRmpcv rmoorination. 1n111s ndGoals and (directives. colluncheon miaim 3/21/78 meeing Discitsj~jn of ~ksraimdmn o ~grccmm-ntwith Water 7121j/73 letter 3lr. Duincan Grant from Dr. Be-am express~ing !.rar tmide for coopelation mieting Discussion Of ~~~~~~I~murandfmll Of \-Irceuwnt w ~ ~ ~ ~itd ate auo istamice in pieparhig the Coastal Countcil's Resou~~~~~~~~~~~~~~~ ~ ~ ~~~~~~~rces lkm-jnb-imics land posters. 3/13173 meet ing Dr. Timtnruma, to .a-oadiitate agency colmients on S. C. Coast.il Council S.C. Department of lvater Resources lit- ! A uCuf: . C i d i f 'lrn Rst SCC GNTrA GTr OG �h~~~~~~~~~~~~~~~~~~~~~~~~~IA TE MET! IlHOil F~I sDAEfO NAME RE MA RKS '7,/ letter Jzames Mi. [Yaddelli Meg rdiii,1cla~tiser of Coastal 7one St'inagement etpooaswt IAct ajid t, ~ need of state coordination. 12/7/?3 Iettcr Mr. Charles hearidct lkig.iding Fishleries maniagemen r[~aswt ll/'letter :lr. Clair Guess retjlwst to set up meeting -1cquainting tidal fceoCntl--eAwgmtinahntn survevin~, program to the -S.C.Coastal Council. 3/21/78 letter Dr. Edwin It. fruii ijr. if. wai~ni Oexim pledging S.C. Coastal 1/1S/781 emet nig Mr. (.lai r (Ruess 1Tidal *.r-,ev~in- prnjra -L tii 10 stilloioe.12/8 etn oeh u~r fth sad iaatr~to 411i//8 letter from Duncan Nlewkirk to Ge,,g-* Sauissev, Ill re. review and conmment 1/20/7 -R ireet ing Dr. Frank- Stapor Foll, [teach erosion ixeeting in FollY Beach Oil t mpr s Scenic Rivers Class 11 guidel ines. 1;17 etn ~.VcIirl icsino atr fcuinitrs ihWllf S/17/73 meeting 'Ir. Clair fkuess discussbit.i of interagency coordhination. Mr Ve uiei isisione o Re! ttlers ofaondo S insteres Cithncildlf luncheon 5Min euceanS.toatloic. 6/14/8 leter o ((irie l~oght rom lairGues Siiplvin coinens onthe egal 5/117/78 meet ing (Jr. James Timmser- dis-ssion of interagency coordination. 6/14/73 l e t t er tonalaesish fo Cair Gxilssjrvnzcroetsaond t h ~ luncheon manl 8/21/78 meeti~~~~~ngalyscis lond ofal 'lrrandumo Obcivres.n ihwtr 72/8 etr I.Dna rn from Dar. Re-am expressing ieratitude for cooperation Sj21/73 m e ~ ~~~~ etigDsc13oko f %mrui-Jel Co f ,ramnt wi ater andl assistance in preparing tile Coastal Council's Resource~~~~~~~ Co.-mal~~~~~~~sion ~~~br,-CIMIUis and Posters. 3/13/73 meeting Dr. Timmnerman. to c-oordinate agency cormments an S. C. Coastaii Council Mr. Ed Duncan permits. Appendix I LOCAL GOVERNMENT William Kopacka Richard Black aa Jim Mullen Charleston County Planning Board Manager, Charleston County Assistant to Mayor Joseph Riley, Jr. Charleston S. C. 29401 Courthouse Square City al 2 CourtHoeSquaeCharleston. S. C. 29401 Beaufort, S. C. 29902 City Hall Charleston, S. C. 29401 John A. Caldwell, Director Mr. John Green Walterboro-Colleton Recreation Commission Mr. Jerry Blackwell Executive Director Mayor Berlin G. Myers ~~P. O ~. Box 173 ~~CBuilding Official PR Summerville, S. C. 29483 Walterboro, S. C. 29488 P. O. BOx 834 Summerville, S. C. 29483 Charleston, S.C. 29401 Steve Padgett Chairperson, Surfside Beach Mr Ronald Brown Administrative Assistant Planning and Zoning Commission Mr. Ronald Brown Robert Grooms City of North Charleston Surfside Beach Town Hallorry County Planning Commission City Administrator P. O. Box 5817 SurfsHighway 17S C. 29577 Route C, BOX 324 Folly Beach, S. C. 29439 North Charleston, S. C. 29406 Surfside Beach, S. C. 29577 Route C, Box 324 Conway, S. C. 29526 William Harleston Ms. Beaula Pve Michael G. Herring Director, Building Inspections Clerk Town Administrator Mr. Charles Chesnut P. O. Box B Fire Chief, Building inspector Charleston County Ravenel, S. C. 29470 Ridgeland, S. C. 29936 North Myrtle Beach, S. C. 29577 Courthouse SquaC. 29401 Mayor Joseph P. Riley Jr. Charleston, S. C. 29401 Mayor Joseph P. Riley,sJr. City of Charleston Jasper County Joint Planning Commission Mr. Thomas M. Daniels Mr. David P. Heape City Hall P. 0. Box 205 Administrative Assistant P.igean S. BoC. 209936 Drawer 1270 Assistant Administrator Charleston, S. C. 29401 Ridgeland, S. C. 29936 Drawer 1270 Jasper County Council Georgetown, S. C. 29440 P. 0O. Drawer F Mayor Henry Robinson Sam Burns, Planner Ridgeland, S.C. 29936 Drawer 8 City of Myrtle Beach Mr. Vernon DeLoach Port Royal, S. C. 29935 P. O. Box 2468 Building Inspector Mayor H. Blue Huckbee Pyrtle Beach, S. C. 29577 M ort Royal, S. C.Blue Hukabee Myrtle Beach, S. C. 29577 Port Royal, S. C. 29935 Surfside Beach, S. C. 29577 Ms. Betty Jo Sedivey City Hall Virginia T. Prevost Mr. Jack Ethredge City Hall Environmental Educator Administrative Assistant Zenie Ingram Summerville, S.C. 29483 Environmental Educator Administrative AssistantJasper County Joint Planningt Georgetown County Health Department P. 0. Box 1038 Commi sohng City Man P. 0. Box 642 North Myrtle Beach, S. C. 29582 P. O. Box 205 Mt. Pleasant City Hall Georgetown, S. C. 29440 Charles F Fecker Ridgeland, S. C. 29936 Mt. Pleasant, S. C. 29464 James Rogers Zoning Inspector 4350 Azalea Avenue County Curthuse Annex Mayor Vernon Kizer C. Hak Charleston County Public Works Department Couty Curthouse City Hallnn e 4350 Azalea Avenue Courthouse Square adevl S.C Charleston Heights, S. C. 29405 Charleston. S. C. 29401 St. George, S. C. 29477 Hardeville, S. C. Max M. Askey, Jr. Mr. Thomas Fennell Mr. Gary LeCroy Frank Trimmier County Mosq-ito A~atemen( program County Supervisor Development Board Beaufort County Development 437 Aa AbAtenre County Supervisor Moneks Corner, S. C. 29461 Commission 4370 Azalea Avenue Old Arsenal Charleston Heights, S. C. 29405 Walterboro, S. C. 29488 Mayor Rutledge B. Leland, I Beaufort, S. C. 29902 McMaexle, S. Ce.y29, Jr William R. Jamison Mayor Erick B. Ficken McClellanville, S. C. 29458 Clyde D. Umplett Administrative Assistant P. 0. Box 2468 'Me Honorable Melvin Mann County Supervisor Isle of Palms City Hall Myrtle Beach, S. C. 29577 City Hal Box 817 P. O. Drawer Q Goose Creek, S. C. 29445 Moncks Corner, S. C. 29461 Isle of Palms, S. C. 29451 Ronald McLemore County Administrator Hanahan, S. C. 29410 REGFONAL (OVERN14ENT M4A I.'NC 1, S Mr. i. C. Ward Clerk Sullivas island, S. C. 29482 Tom Hanson, Executive Director SBC-D Regional Planning Council Mr. W. M. Ward 157 East Bay Street Building Inspector Charleston, S. C. 29401 Hanahan, S. C. 29401 Michael Bell Mr. Jim Wear � Waecamaw Planning Council Mr. Jim Wear P. i. Box 419 Chief of Police P. x 419 Sullivans bland, S. C. 29482 N. S. Thompson, Executive Director M ayor Marion Whaley Loweountry Council of Governmentq Edlsto Beach P. 0. Box 98 Edisto Island, S. C. 29438 Yeasee, . C. 29 945 Yemassee, S. C. 29945 Mr. Jack Wilbankis Kenneth Thompson, Executive Director County Administrator Waecamaw Regional Planning and Develop- Dorchester County ment Council St. George County Courthouse Drawer 419 St. George, S. C. 29477 Georgetown, S. C. 29440 Mr. Edgar T. Wilcox Don Youngbood Building and Land Use SpecIalst BC- Regional Council of Government P. 0. Box 1031 157 East Bay Street Beaufort, S. C. 299213 Charleston, S. C. 29401 Louis Wright Beaufort County Development Comm. Old Arsenal Building Beaufort, S. C. 29902 Bert Zldlick City Administrator Isle of Palms, S. C. 29451 Mr. James Zumwalt County Administrator P. O. Box 1031 Beaufort, S. C. 29902 I-2 COASTAL AWARrENSS WORKS11P December 1, 1977 NWE43 AD1RESS AGFnc)Y F. C. lAwton, Sr. p. 0. Box 40, Ridgelzvid, S.C. Federal Projects Coordinator John J. florton 1410 London Avenue Town Council Port Royal Sanmel E. Murray 612-16th St. Port Royal, S.C. Town Council Paul S. P. 0. Bbx 8, Port Royal, S. C. Town Manager, Port Royal Edward E. Duryea p. 0. Drawer 191 City of Beaufort Beaufort, S. C. r-dgar B. Wade Rt. 2, Box 421 Planning Coimcil Ridgeland, S. C. Charles Gatsh P. 0. Box 406 Bentifort Planning Comiuttee Tom Westbury P. 0. Box 231 Beaufort Beaufort razette .loe G. Bagos 1703 Bay St., Beaufort JPC Gladys lkmieryn p. 0. Box 446 Parris Island, S-C. .JPC Wyman P. Nettles P. 0. Box 758, Ridgeland, S. C. Acting Mayor 29936 Town Cotincil Zenie Ingram P. 0. Box 205, Ridgeland, S.C. 3W JCJPC 29936 Dan Morris P. 0. Box 140, Tillman. S.C. .1J 29943 Mike Floyd P. 0. Box 1202, Ridgeland, S.C. Civi I Defense 29936 David P. k'ape P. 0. Box 454, Ridgeland, S.C. .'asiler County 29936 K. B. Preacher Drawer 610, Ridgeland Jasper Co. Dev. Board Milton Woods, Jr. .jCJPC P.O. Box 187 Ridlgeland, S.C. Fran lledisler WJNJ-TV - P.O. Box 4516 Benimfort, S. C. 1-3 Paul Keysening WJWJ-TV, P.O. Box 4516 SOUiH CAROLINA COASTAL COUNCIL CONFERENCE Beaufort December 6, 1977 Virginia S. Sweat Beaufort City LWV 225 S. Sea Pines Georgetown, S. C. Harriet Keyserling P. O. Box 1108, Beaufort Legislature NAsE TITLE CITY William M. Peekus Hardeeville City-Hall-Manager Penn Estabrook LCOG, P.O. Box 98, Gary Wiggins Building Official N- -le Beach Yemassee Sam Burns City Planner fMyrtle Beach J. C. Smoak Hardeeville, S. C. Mayor Bill Graham City Administrator Conway Peter C. Hyzer Hilton Head, S. C. Beaur. Cy. JPC Jesse Calhoun Building Official [brry Comunty Charlie Baggs 1603 N. St., Beaufort, S.C. Beaufort County J.P. Comm. Leon Bellamy County Council Georgetown Bob Flanagan P. O. Box 296 Beaufort Sav. omrning News D. C. Myers Building Inspector Georgetown County Ken Klyce Coastal Council Alfred B. Schooler Chas. County Council Georgetown Bob White Point South LCOG Dale McAlister Coastal Zone Planner WRPDC R. Marshall Dixon Beaufort Environmental Quality Joe Wickel Office of the Governor Control Bill Schwartzrope Director of Planning WRPDC Ted Merritt P. O. Box 383 Beaufort L. COG Tom Davis Information Officer Cynthia Cole L. COG David Treme City Adm. Georgetown Charlie Crews Rt. 2, Box 108, Estill, Chairman, LCOG South Carolina Ronald W. Brown County Planner Horry County Grady Moore LWVEF Tom M. Sawyer Building Inspector Georgetown Ada Louise Steiver 104 Carolees, Clemson LWVSC John D. Taylor P & F Commissioner Surfside Bch. Rudy McCormick Box 761 County Planning Commission Douglas C. Sinclair Chairman P 6 Z Commission Surfside Bch. H. Crabhead Beaufort County Council Leroy W. Miczek Building Inspector Surfside Beach Charles L. Berry P. O. Box 17 Walterboro, Walterboro City Council Robert E. Barker Georgetown WSD Georgetown County S. C. Ann C. Baker South Carolina Coastal Council Charleston N. S. Thompson P. O. Box 98, Yemassee, Lowcountry COG S. C. Harriet Knight South Carolina Coastal Council Charleston H. Robinson Duncan Newkirk South Carolina Coastal Council Charleston J. Zumwalt Ben Gregg South Carolina Coastal Council Charleston Watler Baxter P.O. Box 238 Ridgeland, S.C. Ken Klyce South Carolina Coastal Council Charleston 0 I.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Calso BERKELEY- CIARLESTON-DORCIESTER/ COASTAL COUNCIL hORXSHOP 11-4-77 SOUTH CAROLINA COASTAL COUNCIL CONFERENCE December 6, 1977 (continued) NME ADDRESS AGENCY Marshall Truluck Recreation Planner WRPDC Ann Baker Suite 205, 4 Carriage Lane, S. C. Coastal Council Mike Bell 208 Director WRPDC Charleston, S. C. 29407 Harriet Knight Charleston, South Carolina S. C. Coastal Council Donna McLaurin North Charleston Planning Dept. 4830 Jenkins Avenue, N.C., S.C. 29406 Bill Kopacka #2 Court House Sq. Charleston County Charleston, S.C. 29401 Planning Mack Cayterbury BCD COG 157 East Bay, Charleston Thomas Hansen BCD COG 157 East Bay, Charleston F. A. kMclahon, Jr. 960 Morrison Drive Joe Griffith Charleston, S. C. Anne Coleman 960 Morrison Drive Joe Griffith Charleston, S. C. Yvonne Fortenberry 116 Meeting Street City of Charleston Planning B Urban Development Chris Fales 116 Mleeting Street City of Charleston Planning G Urban Development W. M. Donald 26-27 Avenue Isle of Palms Bert Zidlick City of Isle of Palms Robert M. Grooms City of Folly Beach Sallie J. Scott Coastal Council - Charleston County Patricia Bowie Gibbs Charleston, South Carolina Ben Gregg Council Staff W. Carl WYalsh, Sr. Coastal Council - Berkeley County Ken Klyce Council Staff Coastal Council Workshop 11-4-77 (continued) SECOND WORKSHOP(continued) Frederick A. Smith Ashley House Ashley Marina Charleston, S. C. Dale McAlister WRPDC Robert B. Gleason North Charleston City Planning Department Mike Bell WRPDC Dale McAlister Waccamaw Regional Council Heidi Brown 103 Logan St. 29401 Chas, I;-pt. of Planning Lonne Fortenberry 116 Meeting Street Chas. Planning Dept. Chris Fales 116 Meeting Street Chas, Planning Dept. Robert M. Grooms P. O. Box 22 City of Folly Beach Folly Beach SECOND j~)WORKSHOP Chip Lee Box 975, Charleston Chamber of Commerce November 18, 1977 John F. Wilbanks Box 416, St. George, S.C. Dorchester County 29477 Name Address Agency George C. Williams Hanahan, S. C. Mayor Ralph F. Stanley Moncks Corner Berkeley County Ann Baker 4 Carriage Lane, Charleston, S. C. Coastal Council South Carolina 29407 Robert B. Aleason City of North Charleston City of North Charleston Planning Department Laura Hines 1450 S. Edgewater Dr. Trident 2000 Charleston, S.C. 29407 Gabriel Rembert P. O. Box 293 Moncks Corner, S.C. Paul Kingston 910 Yorktown Road The Citadel Charleston, S. C. 29a12 Bert Zidlick P. O. Drawer Q City of Isle of Palms Tom Hansen 157 East Bay BCD-COXG Mack Coutesbur 157 East Bay BCD-COG Larry Wyndham Moncks Corner Supt. Office Berk. Flora P. Condon Charleston Joe Griffith Ted Shogry Box 745, Mt. Pleasant Town of Mt. Pleasant Johnnie Dodd Box 745, Mt. Pleasant Town of Mt. Pleasant Mitten Gilbert 157 East Bay St. 29401 BCD COG Farrell W. McCabe, 2 Court House Sq. 29401 Chas. County Planning Sr. Subcontracts to Local Governments Local Government Ordinances Applying to Critical Areas in the Coastal Zone The direct applicability of local government ordinances to critical areas is often difficult to determine because of absence of actual zoning maps and/or questionable Entity Purpose accuracy of base maps that were used to delineate physical features. Thus, several assumptions have been made. General policy statements concerning the intended use of zoned districts are assumed to be strictly adhered to in ordinance implementation. The Beaufort County Council Services of County Engineer potential for variances or special exceptions exists in every ordinance as a matter of law. It is assumed that all variances will adhere to policies outlined in that ordinance. Berkeley - Charleston - Dorchester At times, definitions of specific zoning districts required a considerable degree of interpretation. Regional Planning Council Public Awareness Workshopsretation. The following are brief descriptions of officially adopted local government Horry County Council Services of County Planner ordinances that in some way apply to critical areas as defined in Act 123 of 1977. The existing ordinances are listed in alphabetical order by county. Only those Jasper County Council Services of County Administrator/ incorporated municipalities which are seaward of the "salt water boundary", as desingated by the Coastal Council, have been considered in this review. This authority Planner is limited. Lowcountr Regional Planning Council Services of Planner/Cartographer Incorporation Town of Hardeeville Services of Administrator/Planner An area is incorporated as a municipality once a certificate of incorporation is Town .~~~~ o.f~~~ .Ridgeland~ ,issued by the Secretary of State, m-nicipal officers are elected, and an approved ser- Town of Ridgeland Services of Administrator/Planner vice feasibility study is approved by the Secretary of State (S.C. Code title 5, Waccamaw Regional Planning Council Services of Planner Chapter 1). Other requirements for incorporation are as follows: The population density of the area must be 300 persons per square mile according to the latest U. S. Census and the area must not be within S miles of another municipality. These requirements hold except: 1) when the nearest municipality has been petitioned for annexation which has been refused for a period of 6 months 2) when the area's population exceeds 15,000 3) when the area is within 2 miles of the Atlantic Ocean 4) when the area is on a sea island bounded by the Atlantic Ocean 5) when the county population exceeds 51,000 If the area is within 2 miles of the Atlantic Ocean or on a sea island, then the area must have at least 150 dwelling units and an average of one dwelling unit per 3 acres of land. Once an area is incorporated, a council may adopt codes, ordinances (5-7280), and zoning regulations (5-23-10). Cities with a population exceeding 50,000 may condemn lands on the waterfront (5-34-10). I-7 f ~~~~~~Local Government Unit Document Critical Area Incorporated municipalities in coastal counties as of January Local Governmet Unit Document Critical Area 1978: Affected Beaufort County Berkeley County 1. Beaufort County Subdivision Regulations dunes Beaufort Bonneau dunes, beach, marsh Bluffton Goose Creek Port Royal Hanahan 2. City of Beaufort Zoning Ordinance marsh Jamestown Moncks corner Subdivision Regulations Moncks Corner St. Stephen Flood Protection Ord. Charleston County Colleton County 3. City of Port Royal Development Plan marsh Flood Protection Ord. Charleston Cottageville Subdivision Regulations Folley Beach Edisto Beach Hollywood Lodge 4.. Charleston County Zoning Ordinance marsh, beaches Isle of Palms Smoaks Subivision Regulations Lincolnville Walterboro McClellanville Williams 5. City of Charleston Zoning Ordinance Meggert Mount Pleasaneggett Flood Ordinance beaches, dunes Mount Pleasant North Charleston Ravenel 6. City of Folly Beach Zoning Ordinance beaches, dunes, marsh Sullivan's Island Subdivision Regulations Flood Ordinance beaches, dunes Dorchester County Georgetown 7. City of Isle of Zoning Ordinance Harleyville Andrews Palms Flood Ordinance beaches, dunes Reevesville Georgetown Reevesville Georgetown Beach & Dune Ord. beaches, dunes Ridgeville St. George St. George 8. City of Mt. Pleasant Zoning Ordinance Summerville Subdivision Regulations Horry County Jasper County Flood Protection Ord. beaches, dunes Atlantic Beach Hardeeville 9. City of North Charleston Zoning Ordinance beaches Aynor Ridgeland Flood Protection Ord. dunes Briarcliffe Acres Subdivision Ordinance marsh Conway Loris Loris 1 JO. Citv of Ravenel Subdivision Regulations Myrtle Beach North Myrtle Beach Surfside Beach 11. Town of Sullivans Zoning Ordinanace beaches, dunes, marsh Island Beach Ordinance beach, dune 12. Georgetown County Zoning Ordinance marsh 13. City of Georgetownm Zoning Ordinance marsh Subdivision Ord. 14. Waccamaw Neck Flood Ordinance beaches, dunes, marsh Flood District 15. City' of Atlantic Flood Ordinance beaches, dunes Beach A D 16. City of Briarcliffe Acres Flood Ordinance 17. City of Myrtle Beach Zoning Ordinance beaches, dunes Flood Ordinance beaches, dunes 18. City of North Myrtle Zoning Ordinance beaches, dunes Beach Beach & Dune Ord. beaches, dunes Flood Ordinance beaches, dunes Subdivision Ord. 19. City of Surfside Beach Zoning Ordinance marsh Shore Protection beaches, dunes Flood Ordinance beaches, dunes Subdivision Reg- ulations 20. Grand Strand Flood District Flood Ordinance beaches, dunes (within six months) 1-9 Appendix J 111. "Iedia Presentations - Continued I. Public Hearings B. Television Talk Shows Date Station Public hearings were held on the Draft Final Rules and Regulations October 5 1977 WCBD-T on the following dates: Charleston: December 13, 193- December 3, 1977 WCSC-TV Mrtle Beach: January 4, 1975 January 6, 1978 JWJ-TV Columbia: January $, 1978 January 11, 1978 WIS-TV Beaufort: Januarg 9, 1933 January 12, 1978 WCIV-TV January 14, 1978 WIS-TV Public hearings w.,ere held on the Discussion Draft on the following dates: March 19, 1978 Canmel S Charleston: November 9, 19-S Charlecston: November 13, 19-5 Comnent: Inter-iews, quotes and spot coverages are frequent and numerous. h-rtle Reach: ove.mber 13, 1978 Beaufort: November 11, 19-S IV. Presentations Columbia: November 1i, 19-8 Greenville: Nove.mber 16, 19-S A. Slide Show (First Show) Date Location II. Public Ieetilgs September 12, 1977 Mtyrtle Beach College of Ctharleston Februar- -5, Septeber 15, 1977 le each IO.C.3. Conference? September 15, 1977 Wrt :.-rtle Beach Public M'arch 20, 19-8 September 15, 1977 Charleston Kiwanis Club October 6, 1977 Charleston Sertoma Club I.. Mediia Presentations October 17, 1977 Charleston Lions Club A. Radio Talk Shows Station October 20, 1977 Wando High School Date October S, 19 - November 10, 1977 Charleston John's Island Garden Club October 20, 19-- hPAL December 14, 1977 Charleston D. A. R. November 18, 19-- ;:;Ci December 11, 19-- ;~Xi B. Slide Show (Second Show) Date Location December 1S. 19-' .Dt Jaecnubery 13, 1978S. Anugust 10, 1978 (Columbia) Inland County Working Group Januar? 13, 1t-S wSsC September 13, 1978 Beaufort Rotarians Januar- 3, S.!9-S ;';SC! September 25, 1978 Myrtle Beach Rotary Club ADril S, 19-8 WSCi Comment: Spot .nterviews and supporting formal releases are an integral part 2f this program. J-1 IV. Presentations - Continued C. Display Usage Date Location September 23, 1977 Myrtle Beach Council %Meeting October 1-5, 1977 SPA Terminal, Port Open House October 10-16, 1977 Federal Building, Charleston December 3-6, 1977 Point South, Lowcountry Council of Government Open House January 15-25, 1978 biunt Pleasant City Hall July 30-August 5, 1978 Myrtle Beach Convention Center Note: The above are illustrative and do not serve as a complete record of display placement. D. Miscellaneous Presentations Date Location Attendance January 12, 1978 Government Class, 10th-12th grade 20 January 16, 1978 South Carolina Wildlife Federation 2 Representatives January 19, 1978 Green Acres Garden Club, Florence 12 January 20, 1978 Folly Beach Erosion Control Committee 30 January 31,. 1978 Methodist Church Men's Supper 50-60 Pinopolis, S. C. February 16, 1978 Darlington Kiwanis Club 60 February 21, 1978 Spartanburg Audubon Society 50 February 22, 1978 Cooper River Water Users Association 24 March 6, 1978 Laurens County Lions Club 65 March 13, 1978 Myrtle Beach City Council 15 March 14, 1978 St. Andrews Lutheran Church Miens Club 30 March 14, 1978 Georgetown Propeller Club 20 J- 2 BEAUFORT COUNTY WORKING GROUP BER.KLEY, COUn' WORKING GRotr Mr. Franklin Rouse, Chairman Mr. B. Lee Webb, Manager Coalition for Lower Beaufort County Beaufort Jasper Water Authority Business Telephone: 24 So. Calibogue Cay P. O. Box 275 Hilton Head Island, S. C. 29928 Beaufort, South Carolina 29902 Claude Sykes 899-2101 P. O. Drawer 1194 Mr. Jack Heles Ms. Duane Neidig Mocks Corner, SC 29461 First Federal Svgs. & Loan Assn. 101 Capers Street 920 Bay St. Beaufort, South Carolina 29902 F. Marion Peagler Beaufort, S. C. 2990210hitesville Road 899-3132 Mr. Walter Zachowski, President Moncks Corner, SC 29461 Mrs. Susan Graber The Blue Channel Corporation 915 Port Republic Port Royal, South Carolina 29935 F. O. Box 9278 554-4221 Beaufort, S. C. 29901 Mr. Arthur Horne, Chairman Hanaan, S. C. 29410 Honorable Henry Chambers, Mayor Beaufort County Council Smel J. Cooper City of Beaufort P. O. Box 808 Cross High School 753-2121 Beaufort, S. C. 29902 Beaufort, South Carolina 29902 Cross, S. C. 29436 Mr. David Bogan Ms. Pearl Bryant Wallace i'. Scott 1014 Thirteenth St. Beaufort-Jasper Comprehensive dealth P. O. Box 161 899-2121 Port Royal, South Carolina 29935 Services, Inc. Moncks Corner, SC 29461 P. O. Box 357 Hon. H. B. Stephens, Jr., Mayor Ridgeland, S. C. 29936 Gar- C. LeCrov City of Bluffton P. O. Box 1063 899-7369 P. o. Box 386 Ms. Louise Cohen Mbncks Corner. SC 29461 Bluffton, S. C. 29910 Bft-Japser Comprehensive Health Svces, P. O. Box 357 Ms. Clarice W. Costello Mr. Penn Estabrook Ridgeland, S. C. 29936 Brush Blvd. 797-1536 Low Country Council of Governments Goose Creek, SC 29443 P. O. Box 98 Senator James M. Waddell, Jr. John D. Scarborough Yemassee, South Carolina 29945 JoP. D. Bo 1026Sarborough P. 0. Box 1026 c/o The C & S Bank Beaufort, SC 2990'2 H:. 52 899-2128 Louis O. Dore, Esquire Moss, Carter, Branton & Bailey Moncks Corner SC 29461 1501 North St. David A. Page Beaufort, S. C. 29902 103 Carolina Avenue 899-533- Moncks Corner, SC 29461 Mr. H. H. Von Harten, Jr. 114 Fuller Parkway Don Van Meter Beaufort, S. C. 29902 P. O. Box 987 884-6151 Mt. Pleasant, SC 29464 Fr. William D. Walsh, Jr. Route 1, Box 116 Co- Johnston Burton, South Carolina 29902 Bonneau Ferry Plantation 336-3242 Cordesville, SC 29434 Mr. O. Stanley Smith, Jr. Fripp Island Development Company Dick Coon Fripp Island, South Carolina 29920 E. 1. duPont de Nemours & Co. '97-9000 Textile Fibers Division Mr. Joseph B. Fraser, Jr. P. 0. Box 10228 Sea Pines Plantation Company Charleston, SC 29411 Hilton Head IslanJ, S. C. 29928 Mr. James E. Coates, Sr. 6027 Dowlingwoods Drive Beaufort, S. C. 29902 Mlr. Ross McDonald Sanders, Sr. . . . ... J-3 Berkeley Countv Working Group - Continued QCHRLESTON CO)UNTY URKING GRMfP Charles Glover Mr. Warren Hamlin Mr. Herbert DeCosta P. O. Box 668 899-3558 1705 Atlantic Avenue 93 Spring Street Moncks Corner, SC 29461 Sullivan's Island, S.C. 29482 Charleston, S.C. J. Russell Cross 753-2336 Mr. Vince Partridge jMr. James M. Deaton Cross, SC 29436 SISCO Sea Products Ex-Vice President P.O. Box 1286 Charleston Trident Chamber of Commerce Arthur Bryngelson Nrt. Pleasant, S.C. 29464 P.O. Box 975 P. O. Box 508 899-7321. Charleston, S.C. 29402 Moncks Conrer, SC 29461 Ms. Nancy Redding 130 Hobcaw Drive MIs. Alys Anne Patterson Cecil Guerry 57-2229 Charleston, S.C. 29412 337 bolasses Lane Jamestown, SC 29453 s tt. Pleasant, S.C. 29464 Ms. Verona Knisely Roscoe Bacote 1266 Harborview- Rd. Mr. Andrea, F. Hodges 526 E. -lain Street 899-3312 Charleston, S.C. 29412 Deputy County Attorney Mbncks Corner, SC 29461 Room 401 County Office Building Hfr. Henrv Fishburne 2 Courthouse Sqaure William J. Iselin 899-3758 133 St. Andrew's Blvd. Charleston, S.C. 29401 P. O. Box 506 Charleston, S.C. 29407 ?bncks Corner, South Carolina 29461 .tr. Fred Glassner tMr. Carlyle Blakeney, Jr. Frederick's Autohaus Senator James M. Waddell, Jr. 524-5053 National Audubon Society 4260 Meeting Street Road P. O. Box 1026 SE Regional Headquarters Charleston, S.C. Beaufort, SC 29902 P.O. Box 1268 Charleston, S.C. 29402 Mls. Patsy Hughes 49 France Avenue Mr. Tim Gaznette North Charleston, S.C. 29406 504 Minott Street Charleston, S.C. Ms. Deborah Saunders c/o Stucky & Wise, Attorneys Mr. Frank Huguenin 145 King Street 36 Market Charleston, S.C. 29402 Charleston, S.C. 29401 Mr. William A. Lee Mr. Charles Duell P.O. Box 12609 2' E. Battery Charleston, S.C. 29412 L. .rleston, S.C. Mr. Abraham B. Jenkins Mr. William Humphries Sea Island Comprehensive Health Care Corp. Director Box 225, Rt. 3 Charleston County Development Board Jolm's Island, S.C. 29455 P.O. Drawer E Charleston, S.C. 29402 AMr. Walter Bankhead, President 619 East Bay Street Mr. William Paulsen Charleston, S.C. 29401 P.O. Box 12910 Charleston, S.C. Mayor Rutledge B. Leland, III P.O. Box 181 Mr. Alvie R. Evans McClellanville, S.C. 29458 Chairman, Charleston County Planning Board 7690 Dorchester Rd. Senator James M. Waddell, Jr. North Charleston, S.C. P. O. Box 1026 Beaufort, SC 29902 J-4 is -is Charleston County working Group (Continued) COLLEjaq CKNTY WMKING GXIVP Don P. Balderson Crickentree Apts. S-i Wt. Pleasant. S. C. 29464 Mr. W. S. Baldin Rt. 2, Box 52 Green Pond, South Carolina 29446 Mr. W. W. Spell Cottageville, South Carolina 29435 Mr. Glen Strickland - P.O. Box 317 walterboro, South Carolina 29488 Mr, L. G. Fishbuime, Jr. P.O. Box 80 Walterbaro, South Carolina 29488 mc. MLnry Bishop P.O. Box 52 Walterboro, South Carolina 29488 'Mr. Henry Collins Edisto Beach, South Carolina 29438 Mr. Wallace mccord P.O. Box 1158 Walterbom, South Carolina 29488 Mr. Cavers Cmfl RFD Green Pond, South Carolina 29446 Mr. Allen P. Spaulding Poco Sabo Green Pond, South Carolina 29446 Mr. Jim Paddock 302 Havne Street Walterboro, South Carolina 29488 Senator Janes M. Waddell, Jr. P. O. Box 1026 Beaufort. SC 29902 J-5 DORCHESTER C(XOUN' RI;KING GROUP GEBRGETOWN COUUNTY hORKI.NG GROUF Mrs. Beth Mclntosh WMr. Tad Fogel Mr. Kenny Williams 603 W. Richardson Ave. P.O. Drawer W Route 2, Box 195 Summerxille, S. C. 29483 SmmPhone: le, S. C. 29483 Georgetown, SC 29440 Georgetown,SC 29440 Phone: (Home) 873-7191 Mr. .Alfred B. Schooler, Chairman Mrs. Virginia T. Prevost Wh-. George Seago trs. Alice Tucker P.O. Box 1196 302 Bryan St. P.Georgetown Count' Council Box 642 P.O. Drawer 12-0 Ceorgeton, SC 29440 Sumnnerville, SC 29483 &Sumerville, S. C. 48 Geroeetown SC 29440 Phone: (Home) 8-3-1269 Phone: (Home) 873-'580 Mr. Virgil Pagan Mr. Stephen tchinn Mr. Leon S. Bellamy- Friendfield Plantation Mrs. Bea Watson StephenHutchinP.O. Box 1I Georgetmn.SC 29440 1500 Bacon's Bridge Road 104 Chuker Ct. Summerville, S. C. 29483 Sumnerille, . C. 29483 rrell Inlet, 2956Patterson Phone: (Home) 873-5699 Phone: (Home) 871-4584 (Work) 873-0722 Mr. Doug Hinds, Mavor 902 N.Drarton Street Mr. F. P. Barr- Mrr. lWallace Acker~man City of Georgetown Georgetown,SC 29440 Mr. F. P. Barry Mr. Wallace Ackerman P.O' Box 93? Mateeba Gardens Rd. 208 ShaftsburB Lane P.O. Box 939 Suimmerville, S. C. 29483 Suimmerville, S. C. 29483 Gerogetown, SC 29440 Mr.Hal Strange 604 Front Street Phone: (Home) 873-0634 Phone: (Home) 871-1584 Mr. id Treme Georgeto, SC 2944 City. Daid reme Georgetown, SC 2944 Mtr. F. P. Barr-, Jr. Mr. Richard Avers City of Georgerator 606 Carolina A. P. 0. Box 1334Cit of Georgetown Mr. B. StreB. Hudson Summerville, S. C. 29483 Summerville, S. C. 29483 Phone: (Home) 873-1636 Phone: (Hone) 8,3-846 Georgetown, SC 29440 Georgetown,SC 29440 Mr. Marvin Thomas Mr.Neville B. Cribb Mr. Don Handelsman Mr. Joseph B. Mullin P.O. Box 474 Mr.Box S-3 105 haftsbu Lane 106 Lucille Ct. SC 29440 Kings Grant Ladson,S.C. 29456 GeorgetownSC 29440 GeorgetnSC 2940 Summerille, S. C. 29483 Phone: (Home) 871-6572 PMr. Clayton Bull b-ks.Cappy- McFadden Phone: (Humre) 873-6299 208 Cannon Street P.O. Box 217 Dr. Neil G. Vander Linden Dr.Mr. Robert J. aill 132 Tranquil Lande LiGeorgetown, SC 29440 Pawleys Island, SC 29585 Mr. Robert J. I-Hammill 132 Tranquil Lane 212 Lakeview 'rive Ladson, S. C. 29456 Summerville, S. C. 29483 Phone: (Home) 871-2703 0'ork) 744-8231 Mr. Fred Fenters Ms. Barbara Barra Pho:(Home -,-0242 (Work) 8-1-491 Route 3, Box 149 Amndel Plantation Phone: Ms. Brenda L. Williams Georgetown, SC 29440 Georgetown, SC 29440 Mr. Ernest Waring B-1 Pembrook Apts. Tea Farm Summerville, S. C. 29483 Mr. Charles Moore Ms. Claudia Howard Sumnerville, S. C. 29483 Phone: (Home) 873-0538 (Work) 871-0350 P.O. Box 479 307 Queeen Street Phone: (Home) 873-2796 (Work) 577-6556 Georgeton,SC 2944 Peter F. Them, II Mr. Joseph E. ~M~eac~hum 102 Lipman Street Mrs. George Long Senator James M.Waddell, Jr. 101 Gaillard La. SSummerille, S. C. 29483 2023 South Island Road PO.Box 1026 SummevGille, SL. C. 29483 Georgetown, SC 29440 Beaufort,SC 29902 Sumnerville, S. C. 29483 Phone: (Home) 873-4127 (Work) 873-3320 Senator James M. Waddell, Jr. P. 0. Box 1026 Mr. Wallace Pate Mr. Larry Bailey Beaufort, SC 29902 DeBordieu Colony Club 111 Linwood Lane P.O. Drawer 577 Sumnerville, S. C. 29483 Phone: (Home) 871-4604 Ms. Emily Strait International Paper Company Georgetown, SC 29940 ~~~~* J-6 0 Horry County Working Group JASPER COL7UN' UORKING GROUP Mr. Alvernor Smith Mr. W.D.Blackman Mr. Ashby Ward Mrs. Hannah Cromley Rt. 2, Box 623 P. O. Box 77 513 10th Ave. N. 5710 Porcher Avenue 513 10th Ave. N. 5710 Porcher Avenue Ridgeland, SC 29936 Ridgeland, SC 29936 Surfside Beach, S. C. 29577 Myrtle Beach, S. C. 29577 Mr. Gary Tate Mrs.Sara Baxter Mr. Bob Childs Mr. David Gravely R. 0. Drawer A Rt. 2, Box 258 2702 4th Ave. P. 0. Box 1984 Ridgeland, SC 29936 Ridgeland, SC 29936 Conway, S. C. 29526 Myrtle Beach, S. C. 29577 Mlrs. En Day tr. Stephen Shoemaker F. O. Box 877 Rt.3, Box 230 Mr. Dick Johnson Mr. Barry Thigpen P . Box 7 Rt.3, Box 23 213 N. Poplar Dr. 5102 Pine Lakes Dr. Ridgeland, SC 29936 Ridgeland,SC 29936 Surfside Beach, S. C. 29577 Myrtle Beach, S. C. 29577 M. Jirml- Cope Senator James Waddell, Jr. Rt. 1, Box 9B P.O. Box 1026 Mr. Cliff Chestnut Mr. Raymond Schild Rt 1, Box 98 F.O Box 1026 Mr. Highway 17 North PMr. . Drawer 2936 Early Branch, SC 29916 Beaufort, SC 29902 Highway 17 North P. 0. Drawer 2936 Myrtle Beach, S. C. 29577 Myrtle Beach, S. C. 29577 eniengram Mrs. Zenie Ingram Mr. Toniv Rhodes Rt. 3, Box 575 1Chamber of Commerce Mr. W. Allen Simpson, Jr. Mr. Clyde Port Ridgeand, SC 9936 Chaber of Con 2936erce 5703 Pickens Ave. 9324 Cove Drive Myrtle Beach, S. C. 29577 Dunes Section Ir. Thaver Rivers Myrtle Beach. S. C. 29577 .O. Boer 104 Mr. Tom Roxers Ridgeland, SC 29936 Myrtle Beach, S. C. 29577 Route -1 Mr. Tom Johnson Galivants Ferry, S. C. 29544 P.O. Drawer Mrs. Jean Dozier Hardeevilie, SC 29927 Rt. 2, Fox Bay Rd. Judge h.I. Gatling Loris, S. C. 29569 Jensen Mobile Home "ark ir. Henrv Lawton Murrells Inlet, S. C. 29576 P.O. Box 848 Mrs. Laurie McLeod Ridgeland, SC 29936 P. 0. Box 3465 Mrs. James Collins aorth Mrtle Beach, . . 29577 The Surfwood Motel Mr. David Heape 2900 N. Ocean Blvd. P.O. Box 454 Mr. Raymond Austin Myrtle Beach, S. C. 29577 Ridgeland, SC 29936 1500 Hemingway St. Senator James M. addell. Jr. Mayrtle Beach, S. C. 29577 Senator James W Jr Mr. Joe Vaigneur P. 0. Box 1026 P.O. BOX "a Mr. Dick Rosen Beaufort,SC 9902 Ridgeland, SC 29936 900 5 Kings Road Dunes Section Mr. Douglas Nettles Myrtle Beach, S. C. 29577 P.O. Box 758 Ridgeland- SC 29936 Mr. Jim D'Avignon P. O. Box 406 Mr. Ed Floyd oyi tle Beach, S. C. 29577 Box 712 Ridgeland, SC 29936 Mrs. Pauline Atkins 8005 Beach Dr. Myrtle Beach, S. C. 29577 Mr. George W. Howland, Jr Wildwood Trail Dunes Section Myrtle Beach, S. C. 29577 J 7 INLAND COUNTY WORK GROUP Mrs. Ada Lou Steirer, President Drawer 1017 Ms. Lesesne S. Dickson Mr. Tee O(f. W.) Parr Clemson League Greenwood SC 29646 10 Dameron Avenue R.F.D. Bush River Road 104 Carolus Greenville, SC 29607 Newberry, SC 29108 Clemson, SC 29531 ~Mrs. Melinda Rousselle Mr. L. H. Senn, III Mr. Richard Watkins c/o Leonard I. Rousselle Anderson County Planning 4 Dev. 2B Kirkood Apartments 14r. E. P rentiss Avenu e Trust Department Anderson, SC 29621 Camden,SC 29020 Greenville SC 29605 S. C National Bank Florence, SC 29501 Mrs. Barbara Guidnard Mr. Ernest Cpbler Mr. James Verne Elder Ms. Katherine Gilbert 1716 Bannockburn Drive Pickens County Planning & 4532 Oakwood Road 14 S. Washington Street Columbia, SC 29206 Developenit Itoard Columbia, SC 29206 Sumter, SC 29150 Mr. Hugh T. Lightsey Mr. David J. Haun Mr. Robert Gale, President Mr. C. C. Huffman P. O. Box 10 City Planner Sierra Club 106 Terrace Street Brunson, SC 29991 City of Clemson Baciman Group Kingstree, SC 29556 P.O. Box 1566 Route 3,Box 101 Clemson, SC 29631 Winnsboro, SC 29180 Mr. William C. Boyd, III Mr. Hamie Chaplin Mr. Jerry Bright Attorney At Law Manager of Aiken Electric Coop. Cammrmications Engineer 1122 Lady Street P.O. Box 417 S. C. Electric & Gas Co. SQN Center, Suite 1250 N. Augusta, SC 29841 PO.Box 764 Columbia, SC 29201 Columbia, SC 29218 Mr. If. W. Johnson Mr. Gibbes Patton Mr. Carl Simpson P.O. Box 448 Assoc. Professor Biology 3420 Hey)iard Street Bankers Trust To(er Wofford College Columbia, SC 29205 Columbia, SC 29202 Spartanburg, SC 29301 Mr. Al T.Chalk Mr. Porter B. Rose Mr. John Hughes Cooper 1711 Crestwood Drive Vice President, Securities 1610 Crestwiood Drive Columbia, SC 29205 The Liberty Corporation Columbia,SC 29205 4 Pine Forest Drive Greenville, SC 29601 Mr. Larry Turner Mr. William N. Miller Mr.Richard Moses 2730 Blossom Street President, Miller Outdoor Ad. Henry P. Moses Company Columbia, SC 29205 Route 1, Saluda Lake Road Sumter, SC 29150 Greenville,SC 29611 Mr. Jasper C. Mbore Mr. Dick Lee Mr. Robert V. Royall, Jr. P.O. Box 125 Sumter County Board of C 6 S National Bank Simpsonville, SC 29681 Commissioners 1801 Main Street Route 3 Columbia, SC 29201 Sumter, SC 29150 Mr. Thomas B. McTeer Mr. Frank Dana,III - Chairman Mr. Franklin E. Robson President 230 Pelham Road P.O. Box 576 McTeer Realty Apartment 92 Charleston, SC 29402 900 Elmwood Avenue Greenville, SC 29607 Columbia, SC 29201 Dr. Stanley Baker Mr. I. E. Dargan Ms. Ann Jennings Medical Center Route 3, Box 441 21 Granville Road Greenwood, SC 29645 Darlington, SC 29532 Columbia, SC 29209 J-8 iv Iy County Citizens Working Group Meetings Count Citizens Working Group Meetings - Continued Date County Locatioe County Location ly 22, 1978 Charleston Charleston County Office Building September 26, 1978 Charleston Charleston County Office Buildin une 14, 1978 Georgetown County Courthouse Annex September 26, 1978 Inland Counties Bankers Trust, Columbia une 19, 1978 Charleston Charleston County Office Building September 28, 1978 Dorchester Stwmnerville Community Center une 20, 1978 Berkeley CBS Bank, Mbncks Corner September 28, 1978 Georgetown County Courthouse Annex June 22, 1978 Dorchester Summerville Community Center June 26, 1978 Beaufort Bank of Beaufort July 11, 1978 Georgetown County Courthouse Annex July 13, 1978 Jasper Point South, Hightay 17 July 17, 1978 Charleston County Office Building July 18, 1978 Berkeley C&S Bank, Mbncks Corner July 20, 1978 Colleton First National Bank - Walterboro July 20, 1978 Horry Santee Cooper Building August 2, 1978 Beaufort Bank of Beaufort August 3, 1978 Dorchester Summerville Community Center August 10, 1978 Inland Counties Sheraton, Columbia August 10, 1978 Jasper Jasper County Court House August 16, 1978 Horry Santee Auditorium August 21, 1978 Charleston Charleston County Office Building August 22, 1978 Berkeley CBS Bank, Noncks Corner August 24, 1978 Georgetown County Courthouse Annex August 29, 1978 Colleton First National Bank - Walterboro September 13, 1978 Beaufort Bank of Beaufort September 14, 1978 Jasver Jasper County Courthouse September 18, 1978 Charleston Charleston County Office Building September 20, 1978 Horry Santee Auditorium September 26, 1978 Berkeley C&S Bank, Moncks Corner J-9 Coastal Management Program Coastal Management Program Beach Access Advisory Committee Beach Access Advisory Committee (continued) Apporintee Representative Mr. James Johnson N/A The Honorable Martin Sauls, III N/A Horry County Council South Carolina House of Representatives c/o Dargan Construction Ccmpany Box 162 P.O. Box 1468 Ridgeland, SC 29936 Myrtle Beach, SC 29577 The Honorable Wilfred E. Lipmn N/A Mr. Charles Fraser, President N/A Mayor of Sullivans Island Sea Pines Corporation P.O. Box 246 Hilton Head Island, SC 29948 Sullivans Island, SC 29482 Mr. Thomas S. Kohlsaat N/A Dr. James A. Timmerman, Jr. Dr. Frank Stapor Natural Area Specialist Executive Director South Carolina Wildlife and Marine 1116 Bankers Trust Tower South Carolina Wildlife and Marine Resources Department Columbia, SC 29201 Resources Department P.O. Box 12559 P.O. Box 167 Charleston, SC 29412 Mr. Ron Carter N/A Columbia, SC 29202 SCORP Exchange Council Suite 113, Edgar A. Brown Bld. .Mr. Tcm Hansen N/A Columbia, SC 29201 Executive Director BCD Council of Government Mr. Fred Brinkman N/A 157 East Bay Street Executive Director Charleston, SC 29401 S.C. Dept. of Parks, Recreation 5 Tourism 1205 Pendleton Street Mr. Ken Thompson N/A Suite 113, Edgar A. Brown Bld. Executive Director Columbia, SC 29201 Waccamaw Regional Planning and Development Council P.O.Drawer 419 Dr. Jackie Jacobs N/A Georgetown, SC 29940 Executive Director South Carolina Wildlife Federation Mr. Nat S. Thompson, Director N/A Suite 211, Dutch Plaza Lowcountry Council of Government 800 Dutch -Suare Blvd. P.O. Box 98 Columbia, S& 29210 Yemassee, SC 29945 Ms. Letha Waldron N/A Mr. Paul W. Cobb Mr. Charles L. Matthews South Carolina League of Women Voters Chief Commissioner Asst. Bridge Engineer 718 London Drive Department of Highways and Public Transportation S.C. Dept. of Hwvs. and Pub. Trans. Charleston, SC 29412 P.O. Box 191 P.O. Box 191 Mr. John Green, Director N/A Columbia, SC 29202 Columbia, SC 29202 Mr. John Green, Director N/A Charleston County - PRT 186 Concord Street Charleston, SC 29402 The Honorable William W. Doear, Jr. N/A South Carolina State Senate P.O. Box 418 Georgetown, SC 29440 J-10 Coastal Management Program Beach Access Advisory Committee (continued) Appointee Representative Mr. Keith Babcock N/A Assistant Attorney General Attorney Generals Office Wade Hampton Building Columbia, SC 29201 Mr. Roger Banks Mr. Douglas Winford U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service P.O. Box 12559 P.O. Box 12559 Charleston, SC 29412 Charleston, SC 29412 Ms. Mary L. Bryan 208 S. Saluda Street Columbia, S.C. 29205 N/A Richard Porche The Citadel Charleston, S. C. 29408 J-11 Coastal Management Program Coastal Management Program Beach Erosion Advisory Committee BBeach E rosion Advisory Cmmittee (continued) Appointee Representative Appointee Representative Dr. Mfiles Hayes / Dr. Miles Hayes N/A GMr. George [uey Mr. Marvin Burgess Department of Geology uhCState Conservationist State Resource Conservationmst University of South Carolina U.S.D.A. Soil Conservation Service U.S.D.A. Soil Conservation Servi Columbia, SC 29208 240 Stonebridge Drive 240 Stonebridge Drive Mr. Jim Call N/A Columbia, SC 29210 Columbia, SC 29210 Leonard, Call & Associates A c/o Mytle s. Susan Gr aber Oak- Street /Oa Strtle Offiet South Carolina League of Wcmbn Voters Myrtle Beach, SC 29577 915 Port Republic Street Beaufort, SC 29902 Mr. C.G. Leonard N/A Gary Laberson, Esquire N/A Charleston County Health Department N/A 334 Calhous Street 3;4 Cathous Street ~~~~~~~~~~~~~~~~2121 Cosgrove Avenue Charleston, SC 29401 Charleston, SC 2940 Mr. Neale E. Bird N/A Mr. Roger Banks Mr. Douglas Winford N/A Mr. Roger Rai" Mr. Douglas Winford ~ ~ ~ ~ ~ ~~~Clemson University Extension Service U.S. Fish & Wildlife Service U.S. Fish & Wildlife Service P .O. BOX 1255v P.O. BOX 12559 P.O. Box 12559 Charleston, SC 39412 Charleston, SC 2941o Marine Resources Center ~~~~~~~~~~~~Charleston, SC 29412 Charleston, SC291 Charleston, SC 29412 Mr. Arthur Horne, Chairman N/A Beaufort County Council Dr. Billy Edge N/A P.O. Box 1031 Assistant Professor P.O. B o x 1 0 3 1 ~ ~ ~~~~~~~~~~~~~~~~Civil Engineering Beaufort, SC 29902 Civil Engineering Clemson University The Honoralbe Ralph Ellis N/A Clemson, SC 29631 South Carolina State Senate Mr. Charlie Beall A L lP.O. BRvOX 66 S 9 Assistant Deputy Commissioner ~~~~~~~~~~~~Little River, SC 29556 ~Environmental Quality Control ~~~The Honorable Harriet Keyserling N/J~A ~Department of Health and Environmental Control South Carolina House of Representatives 2600 Bull Street P.O. Box 1108 P.O. Box 1108 ~~~~~~~~~~~~~~~~Columbia, SC 29201 Beaufort, SC 29902 N/A Mr. Ton Hansen N/A The Honorable Regas Kennedy N/A Executive Director Executive Director TeHMayor of Folly Beach BCD Council of Government MCity Haoll Bah157 East Bay Street Folly Beach, SC 29439 Charleston, SC 29401 Colonel William Brown M Ed Meredith Er ector D i s t r i c t B D t t B ~~~~~~~~~~~~~~~~~ l. r. K e n T h o m p s o n N / A District B District B ~~~~~~~~~~~~~~Executive Director Department of the Army Deatmn ofte cy Waccamaw Regional Planning and Development Council Department of the Army Department of the ArmyP..Dae41 Charleston District Corp of Engineers Charleston Dist. Corp of Engineers .O. rawer419 P.O. Box 919 P.O. Box 919 Charleston, SC 29402 Charleston, SC 29402 is *j- Coastal Management Program Beach Erosion Advisorv Committee (continued) Appointee Representative Mr. Nat S. Thompson, Director N/A Lowcountry Council of Government P.O. Box 98 Yemassee, SC 29945 Mr. Keith Babcock N/A Assistant Attorney General Attorney General's Office Wade Hampton Office Building Columbia, SC 29201 Mr. Paul W. Cobb Mr. Charles Matthews Chief Commissioner Assistant Bridge Engineer Department of Highways & Public Transportation S.C. Dept. of Rwys. & Public Trans. P.O. Box 191 P.O. Box 191 Columbia, SC 29202 Columbia, SC 29202 J- 13 Coastal Manageemnt Program Coastal Manaement Program Energy Facility Siting Advisory Conmittee (continued) _ Energy Facility Siting Advisory Committee (continued) Mr. Robert Hirsch, Director Energy Management Office Mr. William H. Rankin Edgar A. Brown Building Director, Resource Applications 1205 Pendleton Street Department of Energy Columbia, SC 29201 Region IV 1655 Peachtree Street, NE Mr. G. Edward Richardson Atlanta, Georgia 30309 South Carolina Water Resources Commission P.O. Box 4515 Mr. Eiamett Turner Columbia, SC 29240 U.S. Department of Energy Room 2406 Mr. William F. Ross 12 and Pen Street Executive Director Washington, D.C. 20461 South Carolina Petroleum Co~ucil Suite 716 Keenan Building 1310 Lady Street Dr. Glen Rhyne Columbia, SC 29201 Director, Research Division South Carolina Public Service Commission Mr. Charlie Beall Owen Building Assistant Deputy Commissioner P. O. Drawer 11649 Environmental Quality Control Columbia, South Carolina 29211 Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 Dr. Mac Shealy, Jr. South Carolina Wildlife and Marine and Resources Departm=nt P.O. Box 12559 Charleston, SC 29412 Mr. Tom Hansen Executive Director aCD Council of Government 157 East Bay Street Charleston, SC 29401 Mr. Ken Thomoson, Executive Director Waccamaw Regional Planning and Development Council P.O. Drawer 419 Georgetown, SC 29940 Mr. Nat S. Thompson, Director Lowcountry Council of Government P.O. Box 98 Yenassee, SC 29945 4;~ Coastal Management Program Coastal Management Program Energy Facility Siting Advisory Committee (continued) Energy Facili'ty Siting Advisory Committee Appointee Appointee The Honorable William T. Howell Dr. Bobby. E. Gilliland South Carolina State Senate Assistant Dean P.O. Box 581 College of Engineering Walterboro, SC 29488 Clemson University Clemson, SC 29630 The Honorable J.C. Swoak Mayor of Hardeeville Dr. Sherwood H. Smith Hardeeville, SC 29927 Carolina Power & Light Company P.O. Box 1551 Mr. Richard Smith Raleigh, NC 27602 Chief Engineer Utilities Division Mr. B. Kelly SmithPublic Se mmission South Carolina Public Service Commission Director Owen Building Legislation, Industrial and Commaunit Development DrOwer 11649 South Carolina Electric Co-op Assoc., Inc. Co. Dria, SC 2911 Cayce, SC 29033 Mr. John P. Connollv Mr. Henry P. Fulmer South Carolina Electric Gas Coanv Deputy Executive Director P.O. Box 764 r Gas Company S.C. Land Resources Conservation Connission Columbia, SC '9218 2221 Devine Stree, Suite 222 P.O. Box 11708 Mr. Lonnie Hamilton, III Columbia, SC 29206 Charleston County Office Building 2 Court House Squarers. Ir Hines Charleston, SC 29401 South Carolina League of Women Voters c/o Trident 2000 Mr. Norman K. Olson 114 Wentworth Street State Geologist Charleston, SC 29401 Harbison Forest Road Columbia, SC 29210 Mr. Guy Jones South Carolina Environmental Coalition Mr. William A. Williams, Jr. P.O. BOX 5761 Vice-President Columbia, SC 29250 South Carolina Public Service Authority 223 North Live Oak Drive Dr. Andy Laurent Moncks Corner, SC 29461 Director Division of Research and Statistical Services The Honorable Charles E. Hodges State Budget and Control Board South Carolina House of Representatives 1028 Sumter Street, Suite 201 4307 Broad Street Columbia, SC 29201 Lorls, SC 29569 J-15 Advisory Committee Meetings Committee Date Location Beach Access Adhisory Committee Mray 30, 1978 Bankers Trust, Columbia Beach Erosion Advisory Committee Ilay 30, 1978 Bankers Trust, Columbia Energy Facility Siting Advisory Committee May 30, 1978 Bankers Trust, Columbia Energy Facility Siting Advisory Committee August 21, 1978 Bankers Trust, Columbia Beach Access Adhisory Committee September 22, 1978 Sheraton, Charleston Beach Erosion Advisory Committee September 22, 1978 Sheraton, Charleston J-16 Appendix K K-1 Act 123 of 1977, henreetter referred to as the Ac, was enacted by the General Assemnbly of South Crarlina to provide for the protection and enhancement of the State's 4ecastal resources. The. Act crates the South Carolina Coastal council, which is given the task of promoting the economic and social welfare of the citizents of this state while protecting the sensitive and fragile area of the coast. Within a framework of a coastal planning program, the Council will encourage the protection and sound development of coastal -resources BAM Jr RECOL&I An important part of Ithis program is a coas~tal permitting systern- As man- dated in the Act athe Council. has direct state authority to deny or issue pernits in the fiu~~~ FenwitiN~~~~~g Ut ~~critical areas defined in ta. Act. The Act states that ninety days after the effective date of the Act no ;erson CH~~~~eel A rea~~~~~~~~s o hall fl remove, dredge, drain or erect any structure an or in any way al-tar any critical the Cb~~~~~dd x~~~~me ~area without first obtaining a permit firom the Council. With the effective date of the Act being July 1, 19711, the *effective date of the Council's permitting aulthority was Sep'tember 23, 1977. The Act further provides that on or before August 29, 19717, the Council shall publish and make available 'Lee Interim Rules and legulaiticns that shall be Used in evaluating and granting or denying all permit applications. These Linterini Rules and Regulations were published in Volume 1, No. 9 of the State Register, August 24, 1.T7T. SOUMh CARMLIKA CMASlTAL COYUNILM The Act also mandates the Council to publish Draft Final Rules and ReguLa- tions by Ocetober 23, 1977, and tMhese were publishe'd U inVlme 1, No. 13 of the Statet aloe 7, I s i s a~~~~~~~~~?egister, October 26, 1977., The d-raft reguLaticrs vers evfale !or r-sview and -nmment by !edeal ridStae aences, local and regioral g--ve-~m-ents and i terse ersc. in accord with the Act. 'the Courcil esas held foDur puctlc hearir~gs an the draft a2tcs incharleston. December 13M97 i /yr-le BecnC, ;aruf1ar? 5 973 ; t in CoIIumbia, JrmiuarT 5. :973: anzd in 3.eaufor-_ .iarAar7 9, l9'73. On February 28, 1978, the following were proposed to the 1978 General TABLE OF CONTENTS Assembly for promulgation as Final Rules and Regulations for permitting in critical areas Page 30-1 STATEMENT OF POLICY 1 of the coastal zone. During the 90-day period of review in the General Assembly, no 30-2 APPLYING FOR A PERMIT 4 action was taken on the Proposed Rules and Regulations, and as a result, these Rules and A. Preliminary review 4 Regulations became final. On June 7, 1978, they were published as Final Rules and B. Permit appliation (requirements) 4 C. Notification e Regulations in the State Register, VoL 2, No. 15, June 7, 1978. D. Permit processing 6 E. Comments on applcation The Couneil's principal office of business is the Office of Coastal Planning; 4 F. Commens on application 7 F. Public information 7 G. Minor development activities 7 Carriage Lane, Suite 205; Charleston, South Carolina 29407. Permit applications are Minor development 7 available at this office, and all correspondence with the Council concerning the permit L Water quality certificate 7 process shall be through this office, unless otherwise directed. The Council encourages 30-3 PUBLIC HEARINGS , those wishing to receive general information on permits and alterations in critical areas to 30-4 DECISIONS ON A PERMIT 8 contact this office. A. Permit approval 8 B. Permit denial 8 C. Action upon a permit 2 D. Licensing of equipment 9 E. Completion of work 9 F. Property rights, liability, other permit requirements 9 G. Legally commenced a use 9 30-5 EXCEPTIONS 10 A. List of exceptions 10 B. Notification to Council, emergency- orders 11 C. Emergency repairs to banks and dikes 12 D. Definition, normal maintenance and repair 12 30- COUNCIL APPEALS 12 A. Notice of Intention to Appeal 12 B. Filing of Appeal 12 C. Public Notice 13 D. Intervenors 13 E. Comments 13 F. Notifocation of Hearing 13 G. Hearing of Apoeal !3 H. Record of Appeal 14 I. Decision on Aooeal 14 K-3 30-7 JUDICIAL APPEAL 14 30-8 ENFORCEMENT 14 A. Permit revocation and modification 14 Chapter 30, R.30-1-30-13, South Carolina Coastal Council Statutory Authority! Sections B. Cease and desist directive 15 48-39-10 - 48-39-230 Code of Laws of South Carolina, 1976, as amended. C. Arrest warrants 15 D. Penalties 15 E. Judicial enforcement 15 30-1 Statement of Policy 30-9 OTHER PROVISIONS 15 The South Carolina Coastal Management Act was passed by the 1977 General A. Savings clause 15 B. Bonding by Council 16 Assembly of South Carolina to provide for the protection and enhancement of the State's - - -C. Transfer of permits 16 D. Initiate proceedings to amend rules 16 coastal resources. This legislation creates the South Carolina Coastal Council which is E. Petitions to the Council 16 given the task of promoting the economic and social welfare of the citizens of this State 30-10 CRITICAL AREA BOUNDARfES 16 while protecting the sensitive and fragile areas in the coastal counties and promoting A. Coastal waters and tidelands 16 sound development of coastal resoures. B. Beaches and sand dunes i s B. Beaches and sand dunes ' 18 sound development of coastal resources. 30-11 GENERAL GUIDELINES FOR ALL CRITICAL AREAS 19 Through the efforts of an overall coastal zone management program and 30-12 SPECIIC PROJECT STANDARDS FOR TIDELANDS AND permitting process, the Coastal Council will seek to guide the wise preservation and 30-12 SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS 21 utilization of coastal resources. It is hoped that these rules and regulations will serve as a A. Docks and piers 21 mechanism to: B. Boat ramps 22 C. Bulkheads and seawalls 22 (1) aid developers and others in taking advantage of state-of-the-art D. Cables, pipelines and transmission lines 23 E. Marina location and design 24 techniques in developing projects compatible with the natural environment; F. Transportation projects 26 G. Dredging and filling 28 (2) insure consistent permit evaluations by Council and staff; and H. Navigation channels and access canals 29 L Deposition of dredged material 30 (3) serve as a stimulus for implementation of better and more consistent J. Sewage lagoons or impoundments 31 K. Marsh impoundments 32 management efforts for the coastal area. L. Drainage canals or ditches 33 M. Nonwater-dependent structures 34 .i. Nonwater-dapendent structures 34 A. The Value of Tidelands and Coastal Waters. The tidelands and coastal 30-13 SPECIFIC PROJECT STANDARDS FOR BEACHES waters of the South Carolina coast are a very dynamic ecosystem and an extremely val- ANtD DUTNES 34 uable natural resource for the people of the State. The tides regularly ebb and flood A. Seawalls 31 through the coastal inlets, bays and marshes which constitute a fragile area, vulnerable to B. Walkways 35 C. Jetties, groins and other ercsion control the impacts of many of man's activities. Tidelands and coastal waters are identified as structures 35 D. Nonwater-dependent structur s.35 "critical areas" over which the Coastal Council has direct permitting authority. K- 4 The saline marshes are highly productive components of the marine food web These same unique natural resource areas face increasing land development of coastal waters and estuaries. Decaying plant materials, called detritus, serve as the pressure and negative Impacts from man's activities in and around them. The marshes basis of the food web and are the major biological contribution of the saline marshes constitute a fragile ecosystem; consequently, indiscriiinate dredging and filling, degradation of water quality or unsound building practices can have long-term detrimental Many commercially and recreationally important fish and shellfish species depend on the marshlands and estaries for all or part of their life cycle. In addition, many birds and effects Al development need not be prohibited; rather, the range of favorable and other forms of wildlife utilize wetlands as habitat as well as a source of food. Tidelands unfavorable results needs to be realized, and analogies made to determine priorities, evaluate alternatives, anticipate impacts, and suggest the best methods and designs to and coastal waters also have become increasingly important in recent years for the carry out wise development of these resources pur-pses of aquaculture. B. The Value of Beaches and Dunes. The Atlantic Ocean shoreline of South Among the more important functions of the salt and brackish marshes is their Carolina, including its barrier islands, is an extremely dynamic system composed of the role in protecting adjacent highlands from erosion and storm damage. Marsh vegetation sands of the beaches and dunes. The beach is the gently sloping shore washed by waves, absorbs and dissipates wave energy and establishes a root system which stabilizes the extending from below the low tide line to the point above high tide, at which non-littoral soils. Its effectiveness as a buffer depends on the surface area available which, combined vegetation is established. Above this beach area is the dune system, the ridges of wind- with the composition of the underlying substrate, allows tidelands to act as "sponges" in blown sand which are normally vegetated. These comprise a very dynamic system, absorbing and releasing waters during storms or times of heavy riverine discharge. constantly shifting-eroding and acoreting-with the effects of waves and wind. These Marshes also -erform a valuable waste treatment function sinee the deers fragile resources are incorporated in the 1977 South Carolina Coastal Management Act as vegetation acts as a filter, trapping sediments and pollutants which enter as run-off from "critical areas". urLand areas. The trapping of sediments helms maintain water clarity, a factor imcortant Each year millions of South Carolina citizens and visitors enjoy the natural to clam, oyster, and phytoplanicon productivity. ~Thea marshes also assimla:e pollutants setting of the State's shoreline. Aesthetically, the beaches are a unique experience: and and recycle nutrients through various biochemical precesses. recreationally, these areas are increasingly needed for boating, swimming, sunning, and Coastal waters and the adjacent marshes are also significant as aesthetic, fhing, as leisure time and mobility continue to increase. recreational and educational .esources. Much of te.e exoenditure for recreation and Beaches and dunes are nesting grounds for sea turtles and numerous bird tour:sm 'n the Scuth Ca.,mlina coastal zone is for pur-oses of enjoyi.- gutdoor .ctlv.Es torm in the u Carone is n r ac s species, several of which are endangered. The beacehes and adjacent coastal waters are and the aesthetic pleasures of undisturbed tideland areas. These natrral areas lend -h em- also habitat for many marne species. selves t:o meaningful and im~portnt academic ,ursuits such a~s oird-rvatching and .f.;viE' Probably the most vitally important aspect of the beach and dune system is its .cc"laticn and nut.:ent e-cling studies. contribution to storage of sand and shoreline stability. It serves as a barier which K-5 information be Included in the permit application submitted to the Council. The following protects adjacent inland areas, dissipating the energy of storm waves. The dunes are a minimum information shall be required: source of sand to aid in the natural renourishment of the beach from the landward side. (1) Name and address of the applicant; The beach itself is relatively tolerant to normal recreational use such as (2) A plan or drawing showing the applicant's proposal and the manner or walking or fishing. It is important, however, that enough room be allotted between method by which the proposal shall be accomplished; structures and the shoreline so that if natural erosion occurs, natural deposition can (3) A plat or a copy of a plat of the area in which the proposed work will restore the beach without the occurrence of property damage. take place; Above the berm of the beach, beyond the reach of normal wave action, the (4) A certified copy of the deed, lease or other instrument under which winds carry the dry sand particles of the dunes. Where vegetation is established, the wind the applicant claims title, possession or permission from the owner of the property to speed decreases and sand is deposited and begins to accumulate. As long as the sand carry out the proposal; supply is available and dune vegetation is maintained, the dunes will remain or grow, (5) A list of all adjoining landowners and their addresses or a sworn protecting landward areas behind them. If these fragile dunes and their natural shifting affidavit that with due diligence such information is not ascertainable; sands are unduly disturbed, upland property can be exposed to direct erosion, harmful salt (6) A brief description of the proposed alteration, its purpose and in- spray intrusion and the full impact of storm surges. tended use, including a drawing of the type of structure, a description of the method of These same resources of beaches and dunes are desirable locations for human construction, and identification of materials and equipment to be used; habitation and recreation and are subject to intense development pressure. Therefore, (7) A copy of the newspaper public notice. regulations to ensure sound development in these critical areas are essential to protecting a) Minor developments (see R.30-2(G)): In the case of applications the resources as fell as protecting lives and property. for minor development permits, the applicant shall publish notice at least once in a news- paper of local circulation in the county of the proposed activity. The newspaper notice should be published within 15 days of the date of Public Notice (see R.30-2(C)). No permil 30-2 Applynng for a Permit. shall be issued by the Council until at least 10 days following the date of newspaper pub- A. Preliminary review: The Council encourages the submission of develop- liation. The following form shall be used for newspaper publication ment plans for preliminary review. If a permit is necessary, the Council will make every effort to assist the applicant in expediting the filing of an application. PUBLIC NOTICE B. Permit application: Except for those exemptions as specified in Secion SOUTH CAROLINA COASTAL COUNCIL 13(D) of the Act (see R.30-5 below), any person wishing to alter a criical area must (Name of a2olicant) trill apov (has acolied) to he South Caroisna Coastal Council 'or a cernit to (cescr:oron et work) for (oublic, r; " e:! receive a permit from the Coastal Council. Section 14(b) of the Act directs that erttain use, at/in (location and name of waterway. Comments wil e Deceive K-6 E. Comments on application: Section 14(C) of the Act allows all interested federal and state agencies, all adjoining landowners, local government units and other by the South Carolina Coastal Council, 4 Carriage Lane, Suite 205, Charleston, South Carolina 29407 until (insert date, 10 days after date interested persons to have thirty days after the receipt of Public Notice of permit appli- of this newspaper notice). cation from the Council to file written comments pertaining to the application. Only b) Other activities: In the case of applications for other than minor those comments received within the thirty day period must be considered in the Council's development permits, the applicant shall publish notice at least once in both a newspaper decision on a permit application. Any persons wishing to receive notice of the initial of general statewide circulation (The State, News and Courier, or The Greenville News) decision on a permit application shall notify the Council within this comment period. and a newspaper of local circulation in the county of the proposed activity. The Exception: Comments on permit applications for minor development activities, as defined newspaper notices should be published within 15 days of the date of Public Notice (see in Section 3(N) of the Act, must be received within fifteen days after receipt of Public R30-2(C)). No permit shall be issued by the Council until at least 15 days following the D.,'_- Notice of permit application. date of the last-published newspaper publication. The following form shall be used for F. Public information: The complete file on each permit application, newspaper publication: including all comments received, will be available for inspection by any member of the PUBLIC NOTICE general public during regular business hours at the principal Council offices. SOUTH CAROLINA COASTAL COUNCIL 0. Minor development activities: In determining whether a particular project (Name of applicant) will apply (has applied) to the South Carolina Coastal Council for a permit to (description of work) for oDublic/orivate) is a minor development, as defined in Section 3(N) of the Act, a private pier shall be de- use, at/in (location and name of waterway). Comments will be received by the South Carolina Coastal Council, 4 Carriage Lane, Suite 205, fined as a non-commercial, strictly private recreational facility that is not used for, or in Charleston, South Carolina 29407 until (insert date, 15 days after date of this newsoaDer notice). support of, any industry or commercial operation. Any charge to members of the public or (8) When considered appropriate by the Council or its staff, additional any person for use of the facility is prohibited for a stricture qualifying as a minor information may be required, such as impoundment management plans, and maintenance development. dredging schedules. Minor dock or pier developments shall have the same specifications as C. Notification: The Council is directed in Section 14 (C) of the Act and shall furnished under the general permitting provisions with the Army Corps of Engineers. within thirty days of receiving either a Joint Public Notice or South Carolina Coastal Erosion control structures means, in the case of minor developments, those structures Council permit application, notify, in writing, interested agencies, all adjoining land- commonly known as bulkheads which follow the existing shoreline, not fronting on the owners, local government units in which the lan-i is located and other interested persons. Atlantic Ocean and the construction of which involves no direct effects on wetlands. This notice sham indicate the nature and extent of the applicant's proposal. H. State comment: Issuance or denial of Eve permit by the Coastal Council D. Permit processing: Permit processing shall commence immediately upon shall be the State comment on the corresponC.ng federal permit application. receipt of either a Joint Public Notice or a South Carolina Coastal Ccuncil permit appli- I Water quality cer'ificate: If a water quality certificate.ass required mider cation and shall proceed concurrently but separately from any Federal authorization. 2401 of P.L. 92-500, is not required my a Federal permitting agency, the Coasta Council K-7 day deadline are applications for minor developments on which action must be taken in may require a statement of water quality certification from the South Carolina Depart- thirty days. ment of Health and Environmental Control. D. Licensing of equipment: Upon issuance of a permit, if the alteration authorized requires the use of a dragline, dredge, bulldozer or similar equipment, the permit holder shall be required to register the equipment, and the identification number 30-3 Public Hearings. -303 Public Hearings. assigned by the Council shall be prominently displayed. Equipment in use within critical Section 14(C) of the Act directs the Council to hold public hearings on permit applications areas for activities not requiring a Council permit must also be registered. The persons if it Is deemed necessary. Section 15(B) of the Act requires the Council to convene a responsible for this equipment must register it with the Council before use. public hearing before acting on an application if twenty or more citizens or residents of - E Completion of work: Section 15(F) of the Act requires a permit holder to the affected county or counties request such a hearing. Each request must be in writing complete work within three years from the date of permit issuance. The Council may and on a separate sheet of paper and be received within thirty days after receipt of a extend this three-year period upon a showing of good cause indicating that due diligence Public Notice of the permit application. In all cases, the public hearing shall be held in toward completion of the work has been made, evidenced by sign[ificant work progress. the county where the land is located and if in more than one county, the Council shall Work shall be continuous and expeditious whenever possible. determine in which county to hold the hearing or may hold hearings in more than one F. Property rights not affected, no stte liability, other permit requirements county. These hearings will be open to all citizens of the State. When applicable and No permit shall convey, nor be interpreted to convey, a property right in the land or water practical, joint public hearings will be held with the U. S. Army Corps of Engineers andin which the permitted activity is located. No permit shall be construed as alienating other agencies.public property for private use or as alienating private property tfor public use. In no way shall the State be liable for any damage as a result of the erection of permitted works. A South Carolina Coastal Council permit in no way relieves the holder from responsibility 30-4 Dec-.ons on a Permit. for compliance with other applicable Federal State or local permit requirements. A. Permit approval: The Council is allowed, under Section 15(3) of the Act, G. Legally commenced a use: Section 13(C) of the Act reads as follows: to issue a conditional permit approval. Under this provision, the Council may direct the Ninety days after the effective date of this act no person shall tfill, remove, dredge, drain applicant to amend his proposal to take specific measures necessary to protect the public or erect any structure on or in any way alter any critical area without first obtaining a interest. If the Council has approved an application, Section 15(B) of the Act also allows permit from the Council. Provided, however, that a person who has legally commenced a the Council, at its discretion, to support the applicant !n a Federal permnitting p.rocess. use such as those evidenced by a state permnit, as issued by the _udget and Control scard, 8. Permit denial: A Permit denial shall cite facts uoon which 'he denial was or a project loan approved by the -iral electrification administa:t;in or a Iccal building based and the critera or reasons for which the denial was 'ssued. permit or has received a United States Corps of _ngneers .r Coast Guard permit, where C. Action upon a per-nit: The Counc'l. according to Secticn t5(c) of :he Act, shall act upon an -?plication for a permit within ninety days. This ninetv -4a;y ?er:od shall begin when the applicstion is complete and flied in appr-ved form. =_ce?t:ons to the 90- been erected in accordance with federal and State laws, including fishing piers which are applicable, may continue such use without obtaining a permit. Any person may request provided for by general law or acts passed by the General Assembly of South Carolina; the Council to review any project or activity to determine if he is exempt under this provided, however, that notice shall be given to the Council wihIin seventy-t.vo hours section from the provisions of this act. The Council shall make such determinations from the onset of needed repairs (see RI30-5(B)). within forty-five days from the receipt of any such request. (7) Maintenance and repair of drainage and sewer facilities constructed in accordance with federal or State laws, and normal maintenance and repair of any utility or railroad. 30-5 Exceptions. (8) Normal maintenance or repair to any pier or walkway, provided that A. List of exceptions: Section 13(D) of the Act lists several exceptions which such maintenance or repair shall not involve dredge or fill. do not require a permit. These are as follows: (9) Construction or maintenance of a major utility facility where the (1) The accomplishment of emergency orders of any duly appointed utility has obtained a certificate for such facility under "The Utility Facility Siting and official of a county, municipality or of the State, acting to protect the public health and Environmental Protection Act," Sections 58-1301 through 58-1S32 of the 1962 Code safety, upon notification to the Council (see R.30-5(B)). (Sections 58-33-10 through 58-33-430 of the 1976 Code). Provided, however, that the (2) Hunting, erecting duckblinds, fishing, sheilfishing and trapping when South Carolina Public Service Commission shall make the Council a party to certification and where otherwise permitted by law; the conservation, repletion and research activities proceedings for utility facilities within the coastal zone. of State agencies and educational institutions; or boating or other recreation provided that B. Notification to Council, emergency orders: such activities cause no material harm to the flora, fauna, physical, or aesthetic resources (1) As in A(1) above, notification to the Council of emergency orders that of the area. normally would require a Council permit shall consist of telephoning, telegranrming, or (3) The discharge of treated effluent as permitted by law; provided, radioing at the earliest possible time to the Council: however, that the Council shall have the authority to review and comment on all proposed (a) the nature of the emergency; permits that would affect critical areas. (b) the substance of the emergency order; (4) Dredge and fill performed by the United States Corps of Erngineers (c) the time the order will be issued, or if circumstances preclude for the maintenance of harbor channels and the collection and disposal of the materials so prior notice, when the order was Issued; dredged; provided, however, that the Council shall have authority to revrie and certify all (d) the location of the activity ordered; such proposed dredge and fill activities. (e) the estimate of when such order shall be withdrawn. (5) Construction of walkways over sand dunes in accordance vith Sect.on (2) If the Council is not notified within seventy-two hours of the 12 of the Act (see R.30-!3(B)). issuance of the emergency action taken, the offi.ial issuing such order or ordering such (6) Emerenc7y repairs to any existing bank, dike or structure -which as emergency action shall he in violation of the Act and hese rules and regulations. Within K-9 *4*) *0* the initial Council decision. C. Public Notice: The Council, within ten days of receiving the Appeal, shall five days after the emergency order, the official ordering the emergency action shall put notify, in writing, interested agencies, all adjoining landowners, local government units the above five elements in writing and file them with the Council. and other interested persons. This notice shall indicate the nature and extent of the (3) The official issuing the emergency order shall be deemed in violation Appeal of the Act if the emergency conditions do not conform with the definition of emergency in D. Intervenors. Affected parties, if they wish to intervene, must give Notice Section 3 of the Act. of Intent to Intervene and grounds for intervention within twenty days of the date of the C. Emergency repairs-to banks and dikes. As in A(6) above, notice by tale- Appeals -Public Notice ((C) above). The -Notice of Intent to Intervene end- accompanying phone, telegram or radio of emergency repairs to any existing bank, dike or structure must ~ -- - - ~ - ~ -~ - --~ - statements must be-in writing with grounds clearly stated. Intervenors will be limited to be given to the Council within seventy-two hours from the onset of needed repairs. Within .- _ - - -the grounds as stated. All intervenors shall become parties to the action. five days after the commencement of repairs, written notification must be filed with the -E. Comments- Written _comments for Council consideration- regarding an" Council. 'If such notification is not received, the person(s) performing the work will be in . It Appeal will be accepted for thirty days after the date of the Appeals Public }lotice. violation of the Act and these rules and regulations. vct h nte l eltn F. Notification of Hearing: The Council shall notify parties to the action of D. For purposes of this section, "normal maintenance and repair" (R.30-5 (6), - ,, the date, time and place of the Appeals hearing. The Appeal shall be heard within 65 days (7), and (8)) applies only to the original dimensions of the structure or project. Other work of date of the Appeals Public Notice but not less than thirty days after the date of which includes expansion or additions to a structure or project will require a Coastal Appeals Public Notice. By agreement of all parties to the Appeal, the hearings and/or Council permit. oral presentations before the Council may be waived. G. Hearing of Appeal: If a hearing is to be held, the Council may appoirit a, hearing officer to conduct all or part of the hearing. The hearing officer shall hear all 30-6 Council Appeals. relevant evidence offered from all parties and shall be responsible for compiling the A. Notice of Intention to Appeal: Notice of Intention to Appeal a permit complete record of the ADpeal. Written statements for the record shall be welcomed. application decision must be filed in writing within fifteen days of the date of receipt of The transcript of the Appeal shall be distributed to all Council members before the Coun- the letter informing the applicant and other persons who requested notification of the oil meets on the, Appeal. After receipt of the transcripts, parties to the Appeal shall be initial Council action (see R30-2(E)). provided an opportunity to present oral arguments to the Council. Each Farty shall oe B. -ling of Appeal: Within fifteen days of fiing the Notice of intention to given an allotted period of time to present oral arguments. Questicons from Council Appeal, appellant must file in writing an appeal with the grounds for appeal clearly stated. n members within the allotted time period shall be within a time frame rescribed by the Appellant will be limited to the grounds as stated- The Appeal may be filed simultaneously Council. The Council shall notif-y each parer of the Fearing schedule at 'east ten days 'n with the Notice of intention to Appeal (and in the same document) if done so within advance. fifteen days of the date of notification to the applicant and other interested persrons of K-10 B. Cease and desist directive: When any person is found altering a critical H. Record of Appeal: A Record of Appeal shall be kept and filed in the area without a permit and such activity is not exempted by Section 13(D) of the Act, has Council's office. Oral proceedings or any part thereof shall be transcribed upon request of not been authorized by a perm't is in violation of the terms of a Council permit or is any party. The Council may, in its discretion, require persons requesting a transcript to violating provisions of the Coastal Management Act in any manner, the Council, or its pay reasonable printing costs. duly appointed agent, may issue a cease and desist directive. This directive shall inform L Decision on Appeal: A decision on the Appeal may be made by the Council the person that he is in violation of the Act and that such person should cease unautho- immediately after the presentation of oral arguments but, in any case, no later than 35- rized activity. The Council may then request the person to remove or restore the area to days after the presentation. Each party shall be notified in writing of the decision. its original condition. If the person responsible for the unauthorized activity refuses to comply with the Council directive, the Council may then file suit in the appropriate circuit court as outlined in Section 16 of the Act. 30-7 Judicial Appeal: Section 18 of the Act allows judicial review of Council action. C. Arrest warrants: When a person is found altering a critical area without a Before seeking judicial relief from a Council permit application decision, a person must permit and such activity is not exempted by Section 13(D) of the Act, has not been seek relief through the Council appeal process in 30-6 above. authorized by a permit, is in violation of the terms of a Council permit or is violating provisions of the Coastal Management Act in any manner, the Council may cause to be issued a warrant for the arrest of the violator. 30-8 Enforcement. D. Penalties: As stated in Section 17 of the Act, any person found guilty of A. Permit revocation and modification: One of the needs in administering a violation of the Act shall be punished by imprisonment of not more than six months, or by permit system to manage coastal resources is the enforcement of the provisions of the a fine of not more than five thousand dollars, or both, for the first offense; and by system and the identification of unoermitted and unauthorized activities. The Council has imprisonment of not more than one year, or by a fine of not more than ten thousand initiated a routine aerial surveillance program for the coastal counties which identifies dollars, or both, for each subsequent offense. and reports illegal dredging, filling or other alterations in the critical areas. E. Judicial Enforcement: Section 16 of the Act provides the Council, the .As the state agency responsible for managing the critical areas, the Council is Attorney General or any person adversely affected, a remedy to restrain violations of the adamant in its enforcement of terms of an approved permit. Section 15(E) of the Act Act. empowers the C-uncil to revoke a permit for noncompliance with or violation of its terms after written notice of intention to do so has been gven the holder, and the holder, in return, has been g.ven an opportunity to present an explanation to the Council. Financial 30-9 Other Provisiors. hards.hip on the part of a holder shall not be a defense to the revocat:on f a permit. The A. Savings Clause: If any provisions of the Act or of these Rules and Reg- Council may also revoke a permit if it finds that the holder or his agent suomit-ed fale ulations are adjudged !nvalid or unconstitutional, the remainder of the Act and these Rules information to the Council. K-ll �I O �~~~~~~ and Regulations or the application of their provisions to other persons or circumstances systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically shall not be affected thereby. inundated by saline waters whether or not the saline waters reach the area rnturally or through artificial B. Bonding by Council: To insure that the holder complies with all limitations water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of and conditions of the permit, the Council may, at its discretion, require a secured bond growth and reproduction. Provided, however, nothing in this definition shall apply to wetland areas that are not an in- before issuance of the permit. The Council may also require the applicant to submit proof tegral pert of an estuarine system. Further, until such time as the exact geographic extent of this definition can be al responsbltyscientifically determined, the Council shall have the authority to designate its approximate geographic extent. C. Transfer of Permits: Permits will be issued in the name of the applicant Using biological field surveys and aerial photography, the Council has and may not be assigned to another without written permission of the Council. - found the point on the upper reaches of the estuarine systems where tideland vegetation D. To initiate proceedings to amend or repeal a rule or regulation, an inter- changes from predominately brackish to predominately fresh and has established a ested person may file a petition, in writing, stating objections and recommending re- boundary using the nearest recognizable physical features within this area. This boundary visions. Within 30 days of submission, the Council shall deny the petition, in writing, or has been posted on an official map in the Coastal Council's principal office of business and initiate rulemaking procedures. is available for public review. An approximate description of this boundary is as follows: E. Interested persons may petition to the Council for declaratory rulings. The On the south, at the intersection of the South Carolina-Georgia border and the old track Council shall rule on each petition, in writing, within 45 days of receipt. bed of the Seaboard Coastline (SCL), approximately 1.75 miles above the U.S. Highw-ay 17A bridge across the Savannah River: thence, northeastward along the track bed until its intersection with U. S. Highway 278 near Eutaw Creek; thence, northward alcng U.S. 278 30-10 Critical Area Boundaries. for approximately one mile until its intersection with S.C. 462: thence. north- A. Coastal Waters and Tidelands: northwestward along S.C. 462 until its intersection with U.S. Highvay 17 near (1) The Council has permit authority over the coastal waters and tide- Coosawhatchie; thence, northeastward along U.S. 17 until its intersection with S-15-26, lands critical areas, defined in Section 3 of the Act as follows: approximately two miles east of Green Pond; thence, southward along S-15-25 until its "Coastal waters" means the navigable waters of the United States subject to the ebb and flood of the tide and which are intersection with the old SCL track bed near Airy Hall; thence, east-northeastward along saline waters, shoreward to their mean high-water mark. Provided, however, that the Council may designate boundaries the track bed to its intersection with S.C. 174; thence, northward along S.C. 174 for which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be deter- such time as the mean extent of saline waters can be cdetr- approximately 1.5 miles until its intersection with S.C. 154; thence. east-.crtheastvard mined scientifically. approximately three miles along S.C. 164 until its intersection with S.C. t12: thence, east- 'Tidelands" means all areas which are at or below mean high tide and coastal wetlands, mudflats, and northeastvard along S.C. 162 into Hollywood until i:s Intersecticn with =C. 165; thence, similar areas that are contiguous or adjacent to coastal walers and are an integral part of 'he estuarine northward along S.C. 165 until its intersect-on with S.C. 642; thence, southeastward along S.C. 542 unt:l its intersection with U.S. Interstate 2s: thence, southward sicng i-26 until K-12 (2) "'Primary ocean front sand dunes' means those dunes which constitute its intersection with S.C. 7; thence, northeastward on S.C. 7 until its intersection with the the front row of dunes adjacent to the Atlantic Ocean." The Coastal Council has SCL track bed adjacent to Spruill Avenue; thence, northward along this track bed until its recognized the primary ocean front sand dunes as a coastal resource in which te whole intersection with the Charleston County/Berkeley County line, approximately one-fifth beach and dune system acts as a buffer for protecting property from erosion and storm mile north of Remount Road; thence, east-northeastward along the county line until its damage and serves as a source of beach nourishment. Ti the crest of a primary front row intersection with the Cooper River at Goose Creek; thence, eastward by a straight line sand dune is not reached -vithin 200 feet landward front mean high water; that sand dune is across the Cooper River and Yellow House Creek to Yellow House Landing on Yellow not considered adjacent to the Atlantic Ocean. Council permitting authority shall extend: House Creek; thence, southward along the only dirt road leading from the landing to S-8- (1) to the landwvard trough of the primary front row sand dune if the crest of this dune is 33; thence, northeastward along S-8-33 until its intersection with S-8-100; thence, reached within 200 feet landward from mean high water, (2) to the seaward side of any northeastward along 5-8-100 suntil its intersection with S-10-98; thence, southward along -maritime forest or upland vegetation if reached before the primary front row sand dune, S-10-98 until its intersection with U.S. Highway 17; thence, northeastward along U.S. and (3) to the seaward side of any permanent man-made structure which was functional in Highway 17 until its intersection with S-27-30 north of the North Santee aRiver; thence, its present form on September 29, 1977, where such structure is located seaward of any eastvward along S-27-30 for approximately five miles; thence, northward along S-27-30 primary dune and within 200 feet of mean high water. For the purposes of this section, until its intersection with 3-27-13; thence, northwestward along S-27-13 until its fences, temporary erosion control structures, walkways and publicly-funded erosion intersection with U.S. Highway 17; thence, northeastward along U.S. 17 until its control projects do not constitute permanent man-made structures. intersection with the South Carolina-North Carolina border. In determining the exact location of this boundary, only those lands seaward of the road beds and track beds described shall be included in the tidelands and coastal waters critical areas. 30-11 General Guidelines for all Critical Areas. (2) All coastal waters and tidelands seaward from this boundary to the A. The critical areas are of vital importance to the State, and there is strong State jurisdictional limit are included within the critical areas. and growing pressure for the development of these areas. The South Carolina Coastal B. Beaches and Sand Dunes: The Council has permit authority over the Council has established these rules and regulations for permit applications in an effort to beaches and primary ocean front sand dunes. In determining the critical area boundaries reduce the irreversible loss of productive tidelands, beeches, and dunes while meeting in these areas, the Council will be guided by the definitions in Section 3 of the Act. long-range State development needs. (1) "'Beaches' means .cse lands subject to periodic inundaticn by tidal B. In assessing the potential impacts of projects in critical areas, the Council and wave act:on so that no nonlittoral vegetation is establshedl.' The boundary of the will be guided by the policy statements in Section 1 and 2 of the Act and the fol!ovwirg ten beach critical area shall extend from the waters landward to a point that :s not considerations in Section 135 of the Act: periodically inundated by tidal or wave acticn; this point :s u.sually dein.eated as the '(1) The extent to which the activity recuires a waterfront ccation oris landward e-'se of the beach zone where nonlittoral vegetation begins. economically enhanced by its proximity to the .ater- K-13 () �~~~~~~~ (2) The extent to which the activity would harmfully obstruct the 30-12 Specific Project Standards for Tidelands and Coastal Waters. natural flow of navigable water. If the proposed project is in one or more of the State's A. Docks and Piers: harbors, or in a waterway used for commercial navigation and shipping, or in an area set (1) A dock or pier is a structure built over and/or floating on water and is aside for port development in an approved management plan, then a certificate from the generally used for the mooring of boats. Docks and piers are the most popular method of South Carolina State Ports Authority declaring that the proposed project or activity would gaining access to deep water. Although they are least objectionable from an ecological not unreasonably interfere with commercial navigation and shipping must be obtained by point of view, docks and piers do sometimes pose navigational problems, restrict public the Council prior to issuing a permit; use of the waters and, under certain circumstances, possess potential for creating (3) The extent to which the applicant's completed project would affect environmental problems. the production of fish, shrimp, oysters, crabs, or clams or any marine life or wildlife, or (2) There are certain standards that should be followed in constructing other natural resources in a particular area, including but not limited to, water and oxygen such facilities: supply; (a) Docks and piers shall not impede navigation or restrict the (4) The extent to which the activity could cause erosion, shoaling of reasonable public use of waters; channels or creation of stagnant water; (b) Docks end piers shall be constructed in a manner that does not (5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches, or other recreational restrict waterflow; (c) The size and extension of a dock or pier should be limited to that coastal resources; which is reasonable for the intended use; (6) The extent to which the development could affect the habitats for (d) To preclude the adverse effects of shading -ma-sh vegetaticn, rare and endangered species of wildlife or irreplaceable historic and archeological sites of (d) To preclude the adverse ef walkways which are built over vegetated marsh and lead to the dock or pier shall not South Carolina's coastal zone; exceed four feet in width (unless the applicant can justify a need for a wider structure) (7) The extent of the economic benefits as compared vith the benefits and should be elevated at least three feet above mean high water: from preservation of an area in its unaltered state; (8) The extent of any adverse environmental impact which cannot be (e) Dry storage in uplands will be encouraged in preference to moor- avoided bv reasonable safeguards; age in crowded areas; (f) Developers of subdivisions, moteIs, and multiple family d veillngs (9) The extent to which all feasible safeguards are taken to avoid ad- Developers of subdivisions, motels, nd t will be encouraged to develop single, joint-use moorage facilities while their piars are :n verse environmental impact resulting from a project: (10) The extent to which the proposed use cculd aff.e the value a.d the development stage. (g) Project proposals shall include facilities for the proper handling enjoyment of adjacent orners." of litter, waste. refuse. and petroleum products, where aopplicole: K-14 (h) Where docks and piers are to be constructed over bottoms under (2) In an attempt to mitigate certain environmental losses that can be lease by the State for shellfish culture or other mariculture activity, the Council will caused by these structures, the following standards are adopted: consider rights of the lessee prior to approval or denial. (a) Except under special circumstances such as severely eroding B. Boat ramps: shorelines, structures should be designed to conform to the existing shoreline (upland (1) Boat ramps provide access to the water for those who do not have boundary) and constructed so that reflective wave energy does not destroy stable marine water access by means of docks, piers, or marinas. However, boat ramp construction may bottoms or constitute a safety hazard; require filling or, in some cases, dredging of productive wetland areas and there are cases (b) Where possible, sloping rip-rap structures should be used rather when such unavoidable filling and dredging activities are justified. than vertical seawalls. Such rip-rap shall be composed of materials which will not degrade (2) Soecific standards which shall apply are as follows: water quality; (a) Boat ramp construction materials should consist of (c) Where feasible, bulkhead construction shall avoid sharp angle environmentally acceptable materials such as concrete or oyster shell. Environmentally turns that may collect debris or cause shoaling or flushing problems; unacceptable materials include, but are not limited to, asphalt roofing shingles, asphalt, (d) Bulkheads and seawalls will be discouraged-where marshlands are and rubble; adequately serving as an erosion buffer; where adjacent property could be detrimentally Cb) Justification for boat ramp construction in environmentally affected by erosion, sedimentation, or obstruction of view; or where public access is sensitive areas shall be considered using the following priorities: adversely affected. (i) public use - open to all citizens, D. Cables, Pipelines, and Transmission Lines. (ii) restricted use - open to citizens of a particular area or ( 1 ) Excavating activities in critical areas are sometimes required for the or-pnization only, installation of submerged cables, pipelines, and transmission lines. Excavatien and filling (iii) private use - use for one citizen or family; are sometimes required to construct foundation structures attendant to the irstallaticn of (c) In cases where private use is necessary, siting of ramps should be overhead transmission line crossings. These installations should be designed to minimize in areas where the least environmental impact will accrue to the area. Locations adverse environmental impacts. recuiring dredging of productive wetlands to provide deepwater access to the ramp are (2) In addition to standards for dredging and filling, the following stan- discouraged; dards are applicable: (d) The siting of "public use" boat ramps is enecuraged in easily (a) Creation of permanent zpen water canals to L.Sta'l piceLnes is accessible areas such as bridges and dead-end causeways. discouraged since such projects generally interfere with drainage pat'ters srd -nay C. Bulkheads and Seawalls: adversely affect water quality through accelerated bank erosion; (1) BuLkheads are retaining structures used to prctect adjacent shorelines (b) Dimensicons of excavated canals for cables and pipelines should be from the action of currents or waves or to -nake 'hem more accesslbie. K-15 dredging and filling, and navigation channels and access canals, the follo standards minimal. Silt curtains are recommended for all excavations; are applicable: (c) All excavations in wetland areas should be backfilled with the (a) Marinas should be located in areas that will have the least ad- excavated material after installation of the appropriate structure, while being careful to verse impact on wetlands, water quality, wildlife and marine resources, or other critical maintain the original marsh elevation; habitats; (d) The appropriate erosidirf-ntroi measures shall be employed (b) Marinas should not be located within 1,000 feet of open productive during the crossing of wetland areas. Where appropriate, revegetation with suitable shellfish harvesting areas; wetland species will be required; (c) Marinas should be located in areas where maximum physical - - (e) Alignments of new projects should be designed to utilize existing - advantages exist and where the least initial and maintenance dredging 'll be required; d; rights-of-way end topographic features wherever possible. (d) Marinas should avoid or minimize the disruption of currents; E. Marina Location and Design: (e) Marina design should minimize the need for the excavation and (1) Marinas are facilities that provide boat launchings, storage, moorage, fillng of shoreline areas; supplies, and services. There are three basic types of marines: (f) Open dockage extending to deepwater should be considered as a (a) the open structure type where open pile work and/or floating preferable alternative to the excavation of boat basins; breakwaters are used; (g) Turning basins and navigation channels shall be designed to pre- (b) the solid construction type Where bulkhead and landfill are used vent long-term degradation of water quality. Dead-end or deep canals without adequate to provide moorings and shelters; circulation should be avoided. For example, the depth of boat basins and access canals (E) the dry storage type where boats are stored in specially designed shall not exceed that of the receiving body of water; wvarehouses placed entire'ly cn high land. (h) Project proposals shall include facilities for the proper handling (2) Commercial docks are also considered a marina type facility. The of petroleum products, sewage, litter, waste, and other refuse with regard to the South standards that apply to marinas will also be used as criteria in the evaluation of permit Carolina Deoartment of Health and Environmental Control (DHEC) soecifications. applications for commercial docks. The following minimal on-shore restroom and shower rfacilities will be recuired (3) All marinas affect aquatic habitats to some degree, but adverse as a condition of any marina permit so as to protect water quality of the affected waters. effects can be minimized by utilizing proper locaticn and design features. Application for No. Slips or Toilet (head) Urinals Lavatories Showers marinas shall include a comprehensive site plan showing localion and number of all ;rater- Moorines Men--Women Mlen Men- Women Men-Women dependent and upland facilities such as parking and storage fac:lities. 1 - 20 1 1 1 - 1 1 - 21 - 40 1 - 2 1 2 - 2 2 - (4) In addition to standards or bulkheas and seaals, docks and-piers, 41 - 60 2 - 3 2 2 2 2 - 3 61 - 304 2 3 3 3 3 31- 00 3 - 5 3 3 - 3 3 3 K-16 erations shall be harmonious with public safety considerations. If there are more than 100 slips, there shall be provided one additional toilet (2) The specific standards are as follows: (head), lavatory and shower for each sex for each additional 40 slips or fraction thereof (a) Major highways, expressways, railways, and airports should be and one additional men's urinal for each 100 additional slips or fraction thereof. located inland from coastal wetland areas to the extent feasible; Additional facilities are required by DREC where restaurants, motels, laun- (b) In cases where wetlands cannot be avoided, bridging should be dries, and other non-water dependent structures are provided. employed, to the maximum extent possible, rather than filling and embankment to create All pump-out and sewage facilities should be included in the public notice and roadbeds; certified by DHEC before permit approval. Also, DHEC can provide advice regarding the (c) Where wetlands will be destroyed, the productivity of these lands necessity of having hose connections from boats to shore-based sewage facilities where - should be identified and weighed against public need in consideration of the project by the these boats are used as residences. Council; Trash receptacles or similar facilities should be plentiful and convenient for (d) Structures over water should be designed so as not to alter the the proper disposal of trash, waste and noxious materials such as paints, rags and oil cans natural waterflow and circulation regimes or create excessive 'shoaling. Adequate required for normal boat maintenance and repair. clearance for commercial and pleasure craft should be provided: Boat maintenance areas should be designed so that all bottom scraping and (e) Maximum care shall be taken to prevent concentrated roadway painting be accomplished over dry land allowing for proper control and deposition of runoff from entering adjacent water bodies; residues, spills and storm water runoff. (f Where appropriate, bridges and approaches should be designed to (i) Dry storage type marinas should be encouraged wherever possible; provide for the enhancement of public access by the utilization of fishernen catwvaLks, (j) Applications for construction of marina and commercial dock boat launching ramps, end other structural features; facilities will be considered by the Council only after demorntraticn b-7 the applicant of (g) During the planning of a multi-lane widening or road imcrovement public demand for the facilities. project, it is usually preferable to follow the existing alignment in wetland areas. (k) Applications for marinas should include maintenance dredgrig Existing causeeway and fill areas should be utilized wherever possible. The 'wiidths of schedules and dredged material removal sites when applicable. medians of divided highways should be reduced as much as possible wherever they crcss F. Transportation wetland areas; (1) There is often a strong public need for transportation projects. (h) Roadway embankments and fil areas shall be staciized bv Unfortunately. such projects often pose a significant risk of environmental degradation. utilizing appropriate erosion devices and/or techniques in order to minimize er-scrn and However, careful consideration of environmental factors can often _uide develcopment water qualit degradation problems; toward more favorable results. To the maximum extent possible, envi.ronmental consid- K-17 * 0~~~~~~ (i) The Council will encourage applicants for transportation permits water qualtiy in adjacent areas d uring construction by preventing the dispersal of silt to design such facilities to accommodate other public utilities, thus avoiding unnecessary materials; future alteration such as that caused by the laying of cables or transmission lines in () Dredged materials shall be deposited and contained in such a wetlands adjacent to an existing roadway. manner so as to prevent dispersal into adjacent wetland areas; C. Dredging and Filling: (g) In general, excavation of materials from productive submerged and wetland areas for fill purposes shall be denied; 1) Development of wetland areas often has been considered synonymous (h) Wetlands shall not be utilized as depositories for waste materials with dredging and filling activities. Dredging and filling in wetlands can always be ex- except as discussed in R.30-12()D. pected to have adverse environmental consequences; therefore, the Council discourages dredging and filling. There are cases, however, where such unavoidable environmental H. Navigation Channels and Access Canals: (1) A specialized form of dredging activity involves the creation and effects are justified if legitimate public needs are to be met. (2) The standards are as follows: maintenance of navigation channels and access canals. These activities have a potential (a) The creation of commercial and residential lots strictly for for severe environmental impacts and should meet a demonstrated public need. private gain is not a legitimate justification for the filling of wetlands. Permit appli- (2) Where the Council determines that such activities are justified, the cations for the filling of wetlands and submerged lands for these purposes shall be denied, following standards will be applied: except for erosion control (see R.30-12(C)) or boat ramps (see R.30-12()). All other (a) To the extent feasible, project plans should utilize piers or cat- walks, rather than channels or canals, to reach deeper water areas. dredge and fill activities not in the public interest will be discouraged. (b) Dredging and filling for public projects in wetland areas should be (b) Access canals shall be designed to insure adequate flushing and undertaken only if that activity is water-dependent and there are no feasible alternatives: shall not create dead-end water or stagnant pockets. Open-ended, U-shaped, or semi- (c) Dredge and fill activities should be restricted in nursery areas, in circular canals are generally preferred over dead-end canals, since they usually provide public and private shellfish grounds; during periods of migration, spawning, and early better water circulation; development of important sport and commercial species; (c) Highland waterway construction that is slated to be tied into wetland areas should be constructed in the dry, if possible, so that sloping and stabili- (d) Dredging and excavation shall not create stagnant water con- diticns, lethal fish entrapments, or deposit sumps or otherwvise contribute to water quality zation of the banks can be completed before the plug is removed for the connection to degradation: open waters. Where dry construction is not possible, temporasr plugs cr silt curtains at (e) Dess for dredging and e a e shal, where e- the end of canals connected to waterways should be maintained until all sediment settles (ei Desigrs for dredgng and excavation projects shall, where roe- sonable. include protective measures such as stlt curtains. diapers, and--weirs to protect out; K-18 (b) Open water and deep water cisposal should be considered as an (d) The sides of navigation channels and access canals should be alternative if highland alternatives are not feasible. However, open and deep water gently sloping rather than vertical to facilitate biological as well as physical stabilization disposal sites should be seriously considered only after careful consultation with the of the canal banks; Council and other relevant State and Federal agencies; (e) When several landowners are to be served by a project, dredging (c) Toxic and highly organic materials should be disposed of in for navigation channels and access canals should be well planned to prevent unnecessary highland areas behind impervious dikes; excavation. Tributary canals in the highlands leading to a central navigation channel (d) Dikes surrounding disposal areas should be shaped and vegetated should be utilized rather than separate channels for each waterfront landowner; immediately to minimize erosion, with outfalls positioned to empty into non-wetland (f) The berm of access canals should be raised so that there is a areas; gradual slope away from the canal edge. This will help prevent introduction of con- (e) Future disposal sites shall be reviewed on a case-by-case basis; taminants into adjacent wetland areas; (f) Existing disposal areas should be utilized to the fullest extent (g) Alignment of channels and canals should make maximum use of possible; this would include raising the height of the embankment to increase the holding natural or existing channels. Alignment of channels and canals should avoid shellfish beds, capacity of the disposal area; nursery areas, and spawning areas in highly productive wetlands. (g) In evaluating potential sites for dredged material disposal, L Deposition of Dredged Material: attention must be given to possible adverse impacts on public health and welfare as well (1) The deposition of dredged materials resulting from numerous dredging as on critical fish and wildlife areas such as endangered species habitats, waterfo'vl activities along the coast has serious environmental effects separate from the original wintering areas, and shellfish harvesting areas. dredging activity. Thousancs of acres of productive wetland habitat have been destoyved J. Sewage Lagoons or Impoundments: by such deposition. Recognizing that additional disposal sites will be required, it is (1) Several agencies regulate the installation and operation of waste important that site acquisition proposals include plans for mitigating any adverse impacts water treatment facilities, septic tanks, and landfills, and Council permits will be coordi- upon the environment. nated with the relevant agencies. Normal repair and maintenance of sewer facilities are (2) The following standards are to be utilized: exempted from Council permit requirements by Section 13(D) of the Act. The discharge (a) Upland disposal of dredged material should always be sought in of treated effluent is also exempted provided, however, that the Council shall review and preference to disposal in wetlands. WVhere upland disposal is not possible. areas of re!- comment on these discharges. The Council is concerned primarily with vetland atively low productivity above the mean high water mrar'< should be ut:lized. HIghly degradation problems which could involve commercially important shellfish. recreational productive wetland areas (situated below the mean high water mar'<) should not :e utilized fisheries, and critical wildlife habitats. for disposal of dredged materials when ether alternatives exist; K -19 (2) Standards applicable to these installations are as follows: (b) The re-diking and embankment repair of former dments is (a) Applications for the construction of lagoons or impoundments for preferred over the impoundment of undisturbed wetland areas; waste treatment facilities, solid waste disposal, sites and similar activities should be (c) Permit applications involving marsh impoundment proposals shall denied when adverse effects on productive tidelands will result; include details describing intent and use, as well as management plans which will be (b) Such ' facilities should not be constructed in or immediately subject to Council review and approval, such management plans being a condition of any adjacent to wetland areas and must be designed in such a manner that no effluent will be final permit and subject to enforcement. discharged into areas open for shellfish harvesting. L. Drainage Canals or Ditches: K. Marsh Impoundments for Recreational and Commercial Activities: (1) Drainage canals or ditches in wetlands can be important elements in (1) Marsh impoundments totalling nearly 69,000 acres comprise a signi- highland development plans. If the quantity and quality of discharged waters adversely ficant portion (approximately 16 percent) of our coastal wetlands. An additional acreage, affects the wetland environment in a significant manner, these applications wiU be dis- perhaps equaling this figure, has been impounded in the past but consists today of tidally couraged Drainage canals or ditches should follow the least damaging alignment end irnfluenced areas where embankments are no longer maintained. Once important rice should meet one or more of the following needs: growing areas, the majority of these impoundments are managed primarily for (a) insect vector control as a public health necessity: recreational waterfowl hunting, wildlife sanctuaries, and other commercial, agricultural, (b) other public health purposes; and preservation uses. Properly managed, these impoundments provide vitally important (c) the control of urban runoff as part of a comprehensive floodplain habitat diversity for wintering waterfowl, wading birds, shore birds, and many other management plan. species of wildlife. Also, where managed properly, they may contribute to the (2) In addition to the application standards for dreging and filling and productivity of estuarine systems. On the other hand, negative impacts, due to the loss of navigation channels and access canals, the following standards shall apply- estuarine productivity (detrital export) and the elimination of fish and invertebrate (a) Drainage canals and ditches shall not create dead water or nursery areas, are likely to result from the construction of new impoundments, stagnant pockets; particularly on previously unaltered saline and brackish marshes. (b) To the extent feasible, the alignment of drainage canals should (2) Proposals will be reviewed on a case-by-case basis according to the avoid the more productive wetlands; follow'ing standards: (c) Alignments of canals should make maximum use of eisting deep (a) Impoundment of previously undisturbed saline and brackish water water channels to avoid unnecessary excavation marshes shall be discouraged as these areas are among the most valuable and productive (d) The quantity and quality of any dischar-ged wte:vr should rot of. our coastal wet'ands; resullt n extensive alterations of wetlands or the qual!ty of coastal waters, K-20 (e) All dredged material should be placed on suitable highland or, Council on an Individual basis. At a minimum, such structures shall not impede public use where this is not possible, on the least productive wetlands. of the beaches below the mean high water lne. M. Nonwater-dependent structures: Nonwater-dependent structures such as B. Walkways: parking garages, apartments, restaurants, and shops have been built in the past on pilings (1) Pursuant to Section 13(D) of the Act, walkways over sand dunes are over wetland areas. Such construction presents unnecessary encroachment on the aquatic exempted from Council permit authority. ecosystem by shading out the underlying vegetation. Nonwater-dependent structures shall (2) To be exempted, a walkway must meet the following requirements: be discouraged from being sited over water and/or wetland areas. Only when public need (a) be constructed of wood; is demonstrated and no feasible alternative sites are available should consideration be (b) have a maximum width of six feet; given towards approval of the proposed structure. (c) conform with the contour of the dunes; (d) not displace any sand in a critical area; (e) be constructed as expeditiously and with as little environmental 30-13 Specific Project Standards for Beaches and Dunes. damage as possible. A. Seawalls: (3) Construction of any walkway not in conformance with the above (I) Seawalls are retaining structures constructed on the beaches to criteria will be considered in violation of the Act and these Rules and Regulations. When protect property from erosion caused by waves or wind. Seawalls have not been proven to possible, the Council encourages joint-use walkways rather than individual walk-;ays. be an improvement over the natural protection features of the dune and beach system. C. Jetties, Groins, and other Erosion Control Structures: (2) Besides specific standards for sand dune alterations and jetties and (1) Jetties and groins are structures used to stabilize beaches and mi- groins, the following standards will apply: grating coastal inlets by modifying or controlling sand movement. Groins are structures (a) Except under special circumstances, such as critically eroding extending seaward from and perpendicular to the shore. Their purpose is to nourish the shorelines that have a direct measurable effect on the economic well-being of an aD- beach by trapping sand. Such structures are rarely successful for long periods of time plicant or are a threat to the public safety, the Council will promote the use of natural unless they are part of a comprehensive plan that considers shore processes. Because of features of the dune and beach system rather than artificial protection; interference with the downdrift of sand along the shore, isolated stabilization attempts (b) A11 applications for corstruction of a seawall in the beach or dune generally create more problems than they solve. For this reason. aoolications for all such critical areas for the purposes of filling behind these structures for the creation of land st.uctures shall be carefully reviewed. for private or public developments shall be denied by the Council; (2) Speciflc standards include the following: (c) Each application for seawall _onstruction will be reviewed by the (a) Applications for Jetties. Coins, sand-fences ad other ercs-on control structures will be analyzed to insure that the structure does not create adverse K-21 sand transport patterns that induce erosion or undesirable shoaling in adjacent areas; (b) Applications will receive favorable consideration if the applicant can demonstrate to the Council that a serious erosion problem exists; (c) Care must be taken to insure that jetties and groins do not interfere with public access; Instructions for Application (d) Where appropriate, jetties should be designed to provide.recre- ational fishing opportunities; (e) Construction activities should be scheduled as not to interfere 1. To be filled in by staff with nesting and brood rearing activities of important seabird colonies or other wildlife - 2. Mailing address soecies. 3. Mailing address 4. (A) Dock, boat ramp, etc. (B) Private use; joint landowner D. Nonwater-dependent structures: Nonwyater-dependent structures such as use; etc. (C) Briefly describe dimensions (length, width, depth, etc.) and materials to be used. commercial and residential buildings have been constructed on primary sand dunes or 5. Self explanatory beach areas in the past. Such construction may seriously disrupt the dune/beach system 6. If activity is to take place on a major wetland (i.e. Edisto and its vegetation, hampering their effectiveness as a storm and erosion buffer. The River), name that wetland. If not, describe as follows - Factory Creek off the Beaufort River. Latitude and longitude may be siting of nonw:aer-dependent structures on the primary dunes cr the beaches will be obtained from U. S. Geologic Survey maps. discouraged where other feasible alternatives exist. Design and construction cptions 7. If not sure, estimate as closely as possible. which minimize destruction of the dunes and dune vegetation will be ercouraged. NOTE: Read through checklist before completing drawings. K-22 SOUTH CAROLINA COASTAL COUNCIL (Application for Permit) Date SOUTIH CAROLINA COASTAL COUNCIL 4 Carriage 'ane, Suite 205 1. Application number (to be assigned by the Council): Charleston, South Carolina 29407 (803) 556-4070 2. Name and address of applicant: Telephone Social Security No. 3. Name and address of contractor or agent: Telephone TO: PERMIT APPLICANT 4. Briefly describe the proposed activity, its purpose and intended use, dimensions and specifications. NOTIFICAT OF PUBLIC TICE NOTIFICATION OF PUBLIC .,OT~ICE .As required in Section 14(c) of Act 123 of 19--, applicants for permits to alter a critical area shall publish a notice at least once in 5. Names and addresses of adjoining property owners: both a newspaper of general statewide circulation and a newspaper published in the county of the proposed activity. The newspaper notices must be published within 15 days of the date of your permit application. No permit can be issued by the Comuncil within the 15 day period following the date of newspaper notice. The 6. Location of activity: County Nearest town______ _ following form shall be used for newspaper publication: Waterway, wetland or beach Latitude and PUBLIC NOTICE PUBLIC NOTI'ICE longitude (Applicant) will apply (has applied) to the South 7. Date activity to commencCarolina Coastal Council for a permit to (descri - tion of work) for (public/private) use, atrin (1_o- ~~~~~~~~~~Date activity to be completed ~cation and name of watenray). Comments will be received by the South Carolina Coastal Council; 4 3S~~~~~~~~~~~~~~. Additic~-al remarks: ~Carriage Lane, Suite 205; Charleston, South Carolina 29407 by (insert date, 10 days after date of this newspaper notice). 9. I certify that the information contained in this application is true, complete and accurate to the best of my knowledge and belief. Signature of Applicant Date K-23 TIE CaSLEsTro EvEnz Post tante of outdh rnliiat COUNTY OF CHARUESTON SOXTH CAROLINA COASTAL COUNCIL Information Needed on Affidavit of Ownership or Control Personally appeared before me 1. The affidavit of ownership or control should be signed by at least one owner of the property, lessee, or easement holder. 2. If subdivided, the property should be described by lot number, -------------- advertising Clerk block number (if any), name of subdivision, and plat book number ......... 1''"t .................... and page where recorded. of The Chlrlest.,l Alding Post, a newspaper published inret#:w-ity of r eston County and State aforesaid. 3. If unplatted, the property should be described by section, township, lII ~ R Ad rs that the nd~errisemen~ a! and range, and subdivision of section. ,:..ng dulyorn, says that the advertisement of 4. If the description is based on courses and distances not following the plan coordinates, the point of beginning should be identified. -------- ----------- -- ------------------------------------------------------- Please contact this office should clarification or further instructions appeared in theissues of said netcspaper on the follou- be necessary. ib~scrtbed GL4J to before me thisrb nday . D. 19 .................... THIS IS A SAMPLE OF CERTIFICATION WHICH A NOTARY PUBiC. S.C NEWSPAPER SHOULD FORWARD TO THIS OFFICE SEVERAL DAYS AFTER PUBLICATION OF THE PUBLIC NOTICE, K-24 SOLUi CAROLINA COASTAL COU;CIL Guidelines AFFIDAVIT OF O.NERSHIP OR CO.NTROL 1. The structure owner must rma'- every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse inpacts of the work on fish, wildlife and natural environmental values. TO THE SOUTH CAROLINA COASTAL COUXNCIL: 2. The applicant must perfornm the work authorized herein in a manner so as to minimize any degradation of water quality. I hereby certify that I am thie (check one): 3. The applicant shall permit the South Carolina Coastal Council, the Dis- trict Engineer, the State Law Enforcement Division, the South Carolina record owner Wildlife and Marine Resources Department, and other State Permit lessee inspection agencies, their representative(s) or designee(s) to make record easement holder periodic inspection at any time deemed necessary in order to assure applicant to record ouneT for easement that the activity being performed is in accordance with the terms and conditions prescribed herein. of the below described property situated in County, South Carolina; and that said property isall of the property that 4. The applicant shall maintain the structure in good condition. is contiguous to and landward of the area in which the work proposed in the permit application is to be conducted. Furthermore, I certify that as 5. No attempt shall be made by the applicant to prevent reasonable used by record owner, lessee, or record easement holder I have, or will have prior the public of all navigable waters adjacent to the structure. to undertaking the work, necessary approvals or permission from all other persons with a legal interest in said property to conduct the ,;ork proposed 6. If the display of lights and signals on any structure authorized herein in the permit application. This affidavit applies only to highland and does is not otherwise provided by law, such lights and signals as may be not apply to wetlands or any area below mean high water, regardless of the prescribed by the United States Coast Guard shall be installed and rnin- description provided below. tained by and at the expense of the structure owner. LEGAL DESCtRIPTIOIN 7. If and dwhen a structure owner desires to abandon a structure, unless such abandonment is part of a transfer procedure by which the individual is transferring ownership of the structure, he may be required to remove thile structure. 8. There shall be no unreasonable interference with navigation by the existence or use of structures authorized herein. 9. Applicants are advised of the possibility of damage by natural forces or wave wash from passing vessels. The issuance of a permit does not relieve the applicant from taking all proper steps to insure the integrity of their structures permitted hereby and the safety of boats moored thereto from damage by wave wash, and the applicant shall not hold the South Carolina Coastal Council, the State of South Carolina, Sworn- to ndsuscibd efremeator the United States liable for any such damage. t10. An applicant, upon receipt of a notice from the South Carolina Coastal County, , this Council of failure to comply with the terms, conditions, or standards of the permit, shall, within sixty (60) days without expense to the day of , 19 . . South Carolina Coastal Council and in such a manner as the afordsaid agency or their authorized representative(s) may direct, effect compliance with terms, conditions, and standards or remove his structure from South Carolina wetlands. Notary Public My commission expires: K-25 0 0) Special Guidelines for Beaches and Dunes. 11. A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished will be required with the application. The requirements for the drawings are contained A. Seawalls: herein. (1) Seawalls are retaining structures constructed on the beaches to 12. A plat or copy of a plat of the area in which the proposed work will take place will be required with the application. protect property from erosion caused by waves or wind. Seawalls have 13. Also, required with the application will be a certified copy of the not been proven to be an improvement over the natural protection features deed, lease, or other instrument under which the applicant claims title, possession or permission from the owner of the property to of the dune and beach system. carry out the proposal. (2) Besides specific standards for sand dune alterations, jetties and 14. The applicant shall furnish proof of publication of a notice of planned activity in a newspaper of local circulation and statewide circulation. groins, the following standards will apply: The notice shall be published within fifteen (15) days of the date of permit application. Additionally, the applicant must furnish the (a) Except under special circumstances, such as critically eroding Council with a certified copy of the newspaper notice before the permit will be issued. shorelines that have a direct measurable effect on the economic well-being of an applicant or are a threat to the public safety, the Council will pro- mote the use of natural features of the dune and beach system rather than artificial protection; (b) All applications for construction of a seawall in the beach or dune critical areas for the purposes of filling behind these structures for the creation of land for private or public developments shall be denied by the Council; (c) Each application for seawall construction will be reviewed by the Council on an individual basis, and, at a mimimum, such structures shall not impede public use of the beaches below the mean high water line. B. Walkways: (1) Pursuant to Section 13(D) of the Act, walkways over sand dunes which do not violate erosion control standards promulgated by the Council do not require a permit. The Council has determined that walkways constructed under certain standards do not require a permit. (2) Walkways shall: (a) be constructed of wood: K- 26 (b) have a maximum width of six feet; (c) Care must be taken to insure that jetties and groins do not (c) conform with the contour of the dunes; interfere with public access; (d) not displace any sand in a critical area; (d) Where appropriate, jetties should be designed to provide (e) be constructed as expeditiously and with as little environ- recreational fishing opportunities; mental damage as possible. (e) Construction activities should be scheduled as not to (3) Construction of any unpermitted walkway not in conformance with interfere with nesting and brood rearing activities of important seabird these criteria will be considered in violation of the Act and these Rules colonies or other wildlife species. and Regulations. The Council encourages joint-use walkways rather than individual walkways when possible. C. Jetties, Groins, and other Erosion Control Structures; (1) Jetties and groins are structures used to stabilize beaches and migrating coastal inlets by modifying or controllings sand movement. Groins are structures extending seaward from and perpendicular to the shore. Their purpose is to nourish the beach by trapping sand. Such structures are rarely successful for long periods of time unless they are part of a compre- hensive plan that considers shore processes. Because of interference with the downdrift of sand along the shore, isolated stabilization attempts generally create more problems than they solve. For this reason, applications for all such structures shall be carefully reviewed. (2) Specific standards include the following: (a) Applications for jetties, groins. sand-fences and other erosion control structures will be analyzed to insure that the structure does not create adverse sand transport patterns that induce erosion or un- desirable shoaling in adjacent areas; (b) Applications will receive favorable consideration if the applicant can demonstrate to the Council that a serious erosion problem exists; K-27 DRAWING REQUI REMENTS a. Identify materials used in construction. If dredging or filling is invo-ved, show volume and type of materials to be 1.General moved and grade to be used. f. Show adjacent property owners. On narrow waterways the a. Submit two copies of all drawings on 8�i x 11 inch paper. p r e t y o n r n thopsiehremtalobidtfe. Submit the fewest number of sheets necessary to adequately poet we nL- poiesoems lob dniid show the proposed activity. Drawings should be in accordance g. For elevation and/or sectional views, show height of structure with the general format of the enclosed sample drawings and above mean high water. must be neat, accurate, and concise. b. Drawings should not show the identity of engineers, architects h hwgahcsae or consultants employed to prepare plans for the proposed i.Show north arrow. activity. c. A one inch margin should be left at the top edge of each sheet for binding purposes. d. Since drawings must be reproduced photographically, color shading cannot be used. Drawings may show work as dot shading, hatching, cross-hatching or similar graphic symbols. e. Show distance across channel or to navigation channel where applicable. f. identify methods of construction and types of equipment to be used. 2. Location Map (Must bee sufficient for field personnel to locate sit~e) a. Show location of activity and name of waterway. b. Show name and distance to local town, community or other identifying location. C. identify map or chart from which vicinity map was taken, if applicable. d. Show longitude and latitude. e. Show north arrow. 3. Plan View a. Show shoreline with the proposed activity and any adjacent existing structures. b. Show direction of river flow/ebb and flow of tide, if applicable. C. Show high and low water lines. d. Show dimensions of structures and distance from nearest propertS' line. K- 28 PLAN PLAN Side View Location Map Side View Af1Location Mop J |i ootiP- FIXED PIER (show handramiis ifproposed) , - . _, Top View Top View 3 Reference Reference USGS Beaufort m. Plan View (with property lines) Plan View (with property lines) SCALE o SCALE .' (# (John Countye, 42 By DCountyr., Beaufort AdO~~~~~~~~~~~ | O~~~~~~~~~~~(2)Betty Winkler, 44 Boy Dr., Beaufort K-29 PLAN PLAN Side View B Location Map Side View Location Map _ _ _ _ - ;c~c ;`�~~ilfL :-itermoterif 'de Sladpe= 3101 Top View Top View Reference: Reference: CROSS- SECTION Plan View (with property lines) Plan View (with property lines) LA P vP = _ _Indicate all dimensions if nc drown to scoale ItL - ."r 'TL s Indicate type of material 1t ~I ,1//i.k1 prc dun be used (granite, etc.) Proposed activity: Ba'A-,/ Proposed activity: 8',-R.1 County: r.4/ - County: e.oa-P, (show all dir, .nsions) Applicant: /;/i/ -- (show all dimensions) Applicant: Wii-eo' SCALE SCALE e 2 . se 1 = 50 feet PROPOSED: PROPOSED: NAME a ADDRESS OF ADJACENT PROPERTY OWNERS NAME a ADDRESS OF ADJACENT PROPERTY OWNERS 19 JOAN Dhv e 92 8ey D-., 8eevfr'9 9 Joe oLe YA Oly 1,IhPe -gPzK-3 19 *%1f8 hn/iW PY gy Di... cevfof � Brt wA/ws 9+ 8-Sm a. o *4 1 ej K-30 PLAN Side View Location Map 5.5ob~ove Mhw N ~ijii~e: pies Pw~es Isandapplication for a permit to feet In '96350207"N Construct a privale, dock Top View "~~~~~~7706"25" W Reference: narld-Mannniia Rpzrch Plan View (with property lines) NOTE! - -**-,~~~~-- ~ ~ b Indicate type and volumn NORTH Proposed activity- BULKHEAD CountY:- GEORGETOWN (show all dirr.nsions) Applicant: JOHN DOE ~'- oni 0SCALE 50south carolilnu coastalconi FEET PROPOSED: NAME 8k ADDRESS -OF ADJACENT PROPERTY OWNERS K- 31 South Carolina Coastal Council CONTENTS 4 Carriage Lane, Suite 205 Charleston, South Carolina 29407 (803) 556-4070 Introduction General Guidelines and Special Conditions Application Form DOCK AND PIER APPLICATION PACKAGE Newspaper Notice and Sample of Newpaper Certification (Must be included with application) INTRODUCTION Affidavit of Ownership or Control and Instructions (Must be included with application) The South Carolina Coastal Management Act (Act 123) was Drawing Requirements enacted by the General Assembly of South Carolina to provide Drawing Sample for the protection and enhancement of the State's coastal resources. Drawing Check List This Act creates the South Carolina Coastal Council, which is given the task of promoting the economic and social welfare of the citizens of this state while protecting the sensitive and fragile areas of the coast. Within a framework of a coastal planning program, the Council will encourage the protection and sound development of coastal resources. An important part of this program is a coastal permitting system. As mandated in this Act, the Council has direct state authority tc deny or issue permits in the critical areas designated in this Act. This application package shall be used when applying for a permit to construct a dock/pier for private use when the con- struction of which falls within the General Permit No- 78-10-001 or 074 OYN GP0016 as issued by the U. S. Army Corps of Engineers and meets the attached special conditions. This applies to coastal waters and wetlands within Beaufort, Berkeley, Charleston, Colleton, K-32 Dorchester, Horry, Jasper and Georgetown Counties, while specifically SOUli CAROLINA COASTAL COliNCIL excluding the Atlantic Intracoastal Waterway (AIWW), Atlantic Ocean, Guidelines Adams Creek, Charleston Harbor, Cooper River, Georgetown Harbor, Little River Inlet, Murrell's Inlet, Port Royal Harbor, Savannah 1. The structure owner must make every reasonable effort to perform tile work authorized herein in a manner so as to minimize any adverse Harbor, Savannah River, Shipyard River, Town Creek, Village impacts of the work on fish, wildlife and natural environmental values. Creek and the Waccamaw River. Also excluded are areas listed 2. The applicant must perform the work authorized herein in a manner so as to minimize any degradation of water quality. in the National Register of Historic Places as either registered 3. The applicant shall permit the South Carolina Coastal Council, the Dis- or eligible for inclusion for registration in the above counties trict Engineer, the State Law Enforcement Division, the South Carolina Wildlife and Marine Resources Department, and other State Permit and projects within 2000' of these areas. Potential applicants inspection agencies, their repreentative(s) or designee(s) to make periodic inspection at any time deemed necessary in order to assure that the activity being performed is in accordance with the terma should apply to the U. S. Army Corps of Engineers if the dock/pier and conditions prescribed erein.dance with t they plan to conslruct is within the areas specifically excluded 4. The applicant shall maintain the structure or work in good condition. in the above listing, or does not meet the "Special Conditions" 5. No attempt shall be made by the applicant to prevent reasonable use by contained within this application package. the public of all navigable waters adjacent to the structure. For additional information concerning the application 6. If the display of lights and signals on any strutlture authorized herein is not otherwise provided by law, such lights and signals as may be procedure for docks/piers, or for other activities in coastal prescribed by the nited States Coast Guard halle ne talled and tained by and at the expense of the structure owner. wetlands that require a permit, contact the permit application 7. If and when a structure owner desires to abandon a structure, unless such abandonment is part of a transfer procedure by which the individual section of this office. is transferring ownership of the structure, he may be required to remove A permit from the Sc.ut. Carolina Coastal Council does the structure. ot exempt applicats from the requiremets of any other regu- 8. There shall be no unreasonable interference with navigation by tihe not exempt applicants from the requirements existence or use of structures authorized herein. latory agency. 9. Applicants are advised of the possibility of damage by natural forces or wave wash from passing vessels. The issuance of a permit does not relieve the applicant from taking all proper steps to insure the integrity of their structures permitted hereby and the safety of boats moored thereto from damage by wave wash, and the applicant shall not hold the South Carolina Coastal Council, the State of South Carolina, or the United States liable for any such damage. STATE OF rf1H CAROLINA, COASTAL COUNCIL. JAMES NA. 10. An applicant, upon receipt of a notice from the South Carolina Coastal WADDELL, JR., CHAIIRMAN dCouncil of failure to comply with the terms, conditions, or standards of the permit, shall, within sixty (60) days without expense to the By: South Carolina Coastal Council and in such a manner as the afordsaid Duncan C. Newkirk agency or their authorized representative(s) may direct, effect compliance Permit Administrator with terms, conditions, and standards or remove his structure from South Carolina wetlands. K-33 9 SPECIAL CONDITIONS: 11. A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished will be required a. The work herein authorized includes the installation with the application. The requirements for the drawings are contained and repair of private (single family use) non-commercial piers herein. less than 576 square feet maximum area and normal appurtenances such as stairways and walkways. Floating docks are limited to 12. A plat or copy of a plat of the area in which the proposed iork will a maximum of 288 square feet. take place will be required with the application. b. The extreme channelward limit of the fixed and/or float- 13. Also, required with the application will be a certified copy of the ing dock shall not extend into the waterway more than 25 feet deed, lease, or other instrument under which the applicant claims or 15% of the width of the waterway, whichever is lesser. The title, possession or permission from the owner of the property to width is measured perpendicular from the mean low water line on carry out the proposal. one side to the mean low water line on the opposite side. In addition, the channelward extension shall be in line with existing 14. The applicant shall furnish proof of publication of a notice of planned docks adjacent thereto, provided the specifications stated activity in a newspaper of local circulation and statewide circulation. herein are not exceeded. The notice shall be published within seven (7) kdays of the date of permit application. Additionally, the applicant must furnish the c. That the maximum width for the dock approach (fixed Council with a certified copy of the newspaper notice before the permit walkway) will be restricted to six feet with a recommended width will be issued. of 4 feet. There will be no restrictions to the approach length as this will he limited to the total length of the structure. d. That the dock structure shall be constructed of uniform materials, and be structurally adequate and aesthetically compatible with other existing docks. No dock will be permitted within ten feet of the riparian limits of adjacent properties. e. That flotation units of floating facilities shall he constructed of material which will not become waterlogged or sink when punctured. f. That the dock shall not be used for human habitation and there shall be no discharge from the dock into the water. Covered or screened-in dock houses are not authorized under this general permit. g. That there shall be no toilets or fueling facilities permitted on the structures. h. No structure will be built within 100 feet of the near edge of the channel of any authorized Federal navigation project. i. Structures for Samll Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all Froper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the State of South Carolina or the United States liable for any such damage. K-34 SOUTH CAROLINA COASTAL COUNCIL (Dock/pier Application) j. No work shall be performed until 30 days after notification of the owner or operator of any marked utilities in the area of Date work. 1- Appl ication number (to be assigned by the Council) k. No registered properties or properties listed as eligible for inclusion in the National Register of Historic Places will be affected. 2. Name and address of applicant: 1. Prohibited Construction: Construction of marinas, commercial piers, and multiple-family structures, dredging, bulkheading, commercial boat ramps, marine railways, hoists, storage houses, fueling facilities, toilet facilities, filling of submerged Telephone (during Buisness hours) lands or wetlands, or any structures exceeding the prescribed 3 Name, address and title of authorized agent: limits and dimensions are not covered under the authority of this General Permit and a Department of the Army permit must be obtained from the Corps of Engineers prior to construction of these projects. Telephone (during buisness hours) 4. Describe the dimensions and specifications of the proposed dock/pier: S. Names and addresses of adjoining property owners: 6. Location of proposed dock/pier: Street, road or other descriptive location County Nearest town Waterway or wetland Latitude and longitude 7. Date construction to commence Date construction to be completed 8. Additional remarks: 9. I certify that the information contained in this applica- tion is true, complete and accurate to the best of my knowledge and belief. Signature of Applicant Date K-35 T.TE Cwm~s-rorf Eyruc Pos-T0 SOUTH CAROLINA COASTAL COUNCIL 4 Carriage Land, Suite 205 Atjf oh(arin Charleston, South Carolina 29407 COUNT OF CHAuLESTO (803) 556-4070 CUT FCALSO flersonailly Ulppeered before me TO: PERNIT APPLICANT~~~~~~~~~~~~~~~~~~~~~~~~~~~~------------ advertising Clerk of Tre Corlet .~:rigPos, a netfspaper published in iJ~jty of nCounty end State aforesaid. . dbp-g4yj~ -rn, says that1 the advertisement of NOTIFICATION OF PUBLIC NOTICE As -required in Section 11(c) of Act 123 of 1977, -------------------- applicants for permits to alter a-critical area shall publish appeareil in the .y"ue of said neivspapaer on the follaiv- a notice at least once in i- .!d~~e ~. ~ ... a newspaper publis~hed in the county of the proposed activitv. The newspaper notices oust be published w-.ithin 7 days ------------------- of the date of your permit application. No permit can be issued by the Council within the 10 day period following the date of >1 newspaper notice. The following form shall be used for news- ubrieaistozo PUBLIC NOTICE ~~~~~~~~~~~~before. file hs- dr. (Applicant) will apply (has applied) to the A. D. 19. ----- -------------------- South Carolina Coastal Council for a permit 1~ to construct a dock and/or pier for private use, at/in (location and name of waterw-ay). Comments will be received by the South Carolina Coastal Council; 4 Carriage Lane, Suite 205; Charleston, South Carolina 29407 ,.j (insert date, 10 days after date of this THIS IS A SAMPLE OF CERTIFICATION WitHIC[ newspaper notice). . . . . . I - - - -.......... NOTARYT'URIJCS.C.NEWSPAPER SHOULD FORWARD TO THIS OFFICT SEVERAL DAYS AFTER PUBLICATION OF. THE rUBLIC NOTICE. K- 36 AFFIDAVIT Or UNINERSHIP OR CGNrP.OL SOUTH CAROLINA COASTAL COUJNCIL TO THE ScaIH CiROLIXNA COASTAL COUN\CIL: information Needed on Affidavit of OwnershiporCnto I hereby certify that I am the (Check ~ ~~~~1. Tile affidavit of ownership or control should be signed b3y at least I hereby Certify' that I am the (check one): ~ ~~one owner of the Property, lessee, or easement bolder. resecroner z if subdivided, the property should be described by lot ntsiber, applicnt torecordowrfr easement hle block number (if any), name of subdivisionl, and plat boolk number applcan torecord o.-e o easement hle and page w~here recorded. of the below described property situated1 in 3- If unplatted., the property should be described by section, townfship, C.cty, South Carolina; and that said property isal f h property that adrne n udvso fscin is coatio-L"'us to and landlward of th area in x-hich the worl' prop-osed in tacl permlit application is to be conducted. Furthermore, I certify that as 4. If the description is based on courses and distances -not following -record owner, lessee, or record easement holder I have, or will have R~rteplaroriaetepintr fbgnigsotdb dniid to tmndertaking the work, ~necessary a~provals or periso from all, otherPlaecncthiofcesodcariainorfterntutos Personas vith a- legal interest in sai--4 property to conduct the- work proposed Pl a e c n c th iofcesud arfa tnoruterntutos in the pernit application, be necessary. LE.~.DESCR1IPON Sw.,orn to and subscribed before ma at ____________________ County, -_______,this_________ day of ______19. j5atetr) Public My commission C'Nptrcs- K- 37 DRAWING REQUIREMENTS e. Identify materials used in construction. 1.General f. Show adjacent property owners. On narrow waterways, less a. Submit one copy of all drawings on 8�~ x 1I inch paper. than 20 feet, the property owner on the opposite shore must Submit the fewest number of sheets necessary to adequately also be identified. show the proposed activity. Drawings should be in accordance with the general format of the enclosed sample drawings and g. For elevation and/or sectional views, show height of must be neat, accurate, and concise. structure above mean high water. b. Drawings should not show the identity of engineers, architects h. Show graphic scale. or consultants employed to prepare plans for the proposed activity. i. Show north arrow. c. A one inch margin should be left at the top edge of each sheet for binding purposes. d. Since drawings must be reproduced photographically, color shading cannot be used. Drawings may show work as dot shading, hatching, cross-hatching or similar graphic symbols. e. Show distance across channel or to navigation channel where applicable. f. Identify methods of construction and types of equipment to be used. 2. Location Map a. Show location of activity and name of waterway, b. Show name and distance to local town, community or other identifying location. c. identify map or chart from which vicinity map was taken, if applicable. d. Show longitude and latitude. a. Show north arrow. 3. Plan View a. Show shoreline with the proposed activity and any adjacent existing structures. b. Show D1irection of river flow/ebb and flow of tide, if applicable. C. Show high and low water lines. d. Show dimensions of structures and distance from nearest property line. K-38 CROSS SECTION. fioatk4 I FIXED PIER (show hund~nlslt)prOpsed) ACTIVITY: PRIVATE DO-CK P~IER creosted poles COUNTY: IBEAUFORT APPLICANT., WILLIAM P~ENN~ TOP VIEW IlL~A IlL PLAN VIEW fee~~~~tL '~~~~~~~~~~~~~~~~~~~~~~~APIAT:WLLTMPN 0~~~~~~~~~~~~~~~~~~~~~~~~~WTRA:WAEBAC I John Doe 42 B y Dr., Bea ufor BetyhWnklr42 Bay Dr., Beaufort K- 39 Checklist for Drawings e General ( ) 2 copies of each drawing submitt<TO on 8% x 1] inch paper (extra sheets may be included as needed) A 1-inch margin left at top of c&~h sheet Color shading not used (dot shading, hatching, cross- hatching may be used) Distance across channel or to navigation channel shown, where applicable Methods of construction and types of equipment used have been described Vicinity flap Latitude and longitude showrs if known Waterways and highways labeled Name and distance to local town, community or other identifying location given Identify map or chart from which map was taken, if applicable North arrow shown Plan View Existing shorelines shown Ebb and flood of tide shown, if applicable North arrow shown Graphic scale provided ( Mean high and low water lines shown Principal dimensions and materials used in construction of structure labeled Structures (if any) in navigable waters immediately adjacent to the proposed activity are identified, including permit numbers, if known Property lines and adjacent landowners shown. On narrow waterways the property owner on the opposite shore must also be identified Elevation and/or Sectional Views Show same water levels as for plan view Show depth of mean high and low water and height above mean high water of structure, if applicable principal dimensions of structure labeled K-40 SACCO-P General Permit #78-10-001 GENERAL CONDITIONS: General Permit No. SASOP-F General Permit #074 OYN GPOO16 a. That all activities identified and authorized herein shall be Name of Applicant The General Public consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute Effective Date 3 April 1978 a violation of the terms and conditions of thia permit which may result in the modification, suspension or revocation ,f this permit, in whole or in Expiration Date 31 March 1983 part, as set forth more specifically in General Conditions h and i hereto and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been DEPARTMENT OF -l/d5 ARMY previously modified, suspended or revoked in whole or in part. GENERAL PERMIT b. That the permittee agrees to make every reasonable effort to prosecute the construction or work authorized herein in a manner so as to minimize any adverse impact of the construction or work on fish, wildlife, A general permit to perform work in or affecting navigable waters of the natural historic, and prehistoric values. United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403) c. That permittee agrees to prosecute the work authorized herein in and 33 CFR 322.2(f) is hereby issued by authority of the Secretary of the a manner so as to minimize any degradation of water quality. Army by the d. That permittee shalal permit the appropriate District Engineer District Engineer District Engineer or his authorized representative(s) or designee(s) to mak6 periodic U. S. Army Engineer District. U. S. Army Engineer District, inspections at any time deemed necessary in order to assure that the Charleston Savannsahs activity being performed under authority of this permit is in accordance Corps of Engineers Corps of Engineers with the terms and conditions prescribed herein. P. 0. Box 919 P. 0. Box 899 Charleston, South Carolina 29402 Savannah, Georgia 31402 e. That permittee shall maintain the structure or work authorized herein in good condition. to install private, non-commercial, single family, recreational piers and docks, including fixed walkways, fixed docks, floating docks and moorings f. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does within the NAVIGABLE WATERS OF ThE UNITED STATES not authorize any injury to property or invasion of rights or any infringe- ment of Federal, State or local laws or regulations, nor does it obviate in the critical areas of the coastal waters and submerged the requirement to obtain State or local assent required by law for the lands under the jurisdiction of the State of South activity authorized herein. Carolina Coastal Council within Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper and g. That this permit does not authorize the interference with any Georgetown. Counties, while specifically excluding the existing or proposed Federal project and that the permittee shall not be Atlantic Intracoastal Waterway (AIV) , Atlantic Ocean, entitled to compensation for damage or injury to the structures or work Adams Creek, Charleston Harbor, Cooper River, Georgetown authorized herein which may be caused by or result from existing or Harbor, Little River Inlet, Murrells Inlet, Port Royal future operations undertaken by the United States in the public interest. Harbo., Savannah Harbor, Savannah River, Shipyard River, Town-Creek, Village Creek and the Waccamaw River. Also, h. That this permit may be summarily suspended in whole or in part upc excluded are areas listed in the National Register of a finding by the appropriate District Engineer that immediate suspension of tl Historic Places as either registered or eligible for activity authorized herein would be in the general public interest. Such inclusion for registration in the above counties and suspension shall be effective upon receipt by a permittee of a written notice projects within 2000' of these areas. thereof which shall indicate (1) the extent of the suspension, (2) the reasonE for this action, and (3) any corrective or preventative measures to be taken by a permittee which are deemed necessary by the District Engineers to abate K-41 n. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure imminent hazards to the general public interest. A permittee shall take by which the permittee is :tansferring his interests herein to a third party immediate action to comply with the provisions of this notice. Within pursuant to General Condition q hereof, he must restore the area to a ten days following receipt of this notice of suspension, the permittee may condition satisfactory to the District Engineers. request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified, or revoked. If a o. That if the recording of this permit is possible under applicable hearing is requested, it shall be conducted pursuant to procedures prescribed State or local law, the permittee shall take such action as may be necessary by the Chief of Engineers. After completion of the hearing, or within a to record this permit with the Registrar of Deeds or other appropriate reasonable time after issuance of the suspension notice to the permittee, if official charged with the responsibility for maintaining records of title no hearing is requested, the permit will either be reinstated, modified, or to and interests in real property. revoked. p. That there shall be no unreasonable interference with navigation i. That this permit may be either modified, suspended or revoked in by the existence or use of the activity authorized herein. whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions q. That authorization under this permit mav not be transferred of this permit or that such action would otherwise be in the public interest. to a third party without prior written notice to the District Engineer Any such modification, suspension, or revocation shall become effective by the transferee's written agreement to comply with all terms and conditions thirty (30) days after receipt of written notice of such action which of this permit. In addition, if the permittee transfers the interests shall specify the facts or conduct warranting same unless (1) within the authorized herein by conveyance of realty, the deed shall reference this 30-day period a permittee is able to demonstrate satisfactorily that permit and the terms and conditions specified herein and this permit shall (a) the alleged violation of the terms and conditions of this permit did be recorded along with the deed with the Registrar of Deeds'or other appropriate not, in fact, occur or (b) the alleged violation was accidental and the official if law permits. permittee has been operating in compliance with the terms and conditions of this permit and is able to provide satisfactory assurances that future r. The term "permittee" -means the party or parties authori:ed by the operations shall be in full compliance with the terms and conditions of this District Engineers to accomplish work under this general permit. permit; or (2) within the aforesaid 30-day period a permittee requests the proposed modification, suspension, or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or SPECIAL CONDITIONS: revoke this permit, in whole or in part, shall be pursuant to procedures prescribed by the Chief of Engineers. a. The work herein authorized includes the installation of ~~~~prescribed by the Chief of Engineers. ~private (single-family use), non-commercial docks limited to 576 square j. That any modification, suspension or revocation of this permit feet for a fixed dock and/or 238 square feet for a floating dock in shall not be the basis for any claim for damages against the United States. addition to the dock approach (fixed walkway). k. That no attempt shall be made by the permittee to prevent the b. That the maximum width for the dock approach (fixed walkway) full and free use by the public of all navigable waters at or adjacent to will be restricted to six (6) feet. There will be no restrictions to the the activity authorized by this permit. approach length as this will be limited by the total length of the structure. 1. That if the display of lights and signals on any structure c. That docks must be for non-commercial, single-family use. or work authorized herein is lot otherwise provided for by law, such The channelward extension of th_ fixed and/or floating dock shall not lights and signals as may be prescribed by the United States Coast Guard exceed 15% of the width of the waterway or 25 feet, whichever is lesser. shall be installed and maintained by and at the expense of the permittee. The width is measured perpendicular from the mean low water line on one side to the mean low water line on the opposite side. In addition, the m That this permit does not authorize or approve the construction channelward extension shall be in line with existing docks adjacent thereto, of particular structures, the authorization or approval of which may require provided the specifications stated herein are not exceeded. authorization by the Congress or other agencies of the Federal Government. d. That the dock structure shall be constructed of uniform materials and be structurally adequate and aesthetically compatible with other existing docks. No dock will be permitted within ten (10) feet of the riparian limits of adjacent properties. K-42 n . Required Authorizations: That the individual intending to e. That flotation units of floating facilities shall be constructed n eurdAtoiain:Ta h niiulitnigt of Thateflotalthio unillnts ecof watefloatingge s shl wheconsrunctred. avail himself of the authority of this General Permit must contact the South Carolina Coastal Council for compliance with the terms and conditions f. That the dock shall not be used for human habitation and there of this General Permit. shall be no discharge from the dock into the water. Covered or screened-in o. Penalties for Violations: Authorizatiom obtained under this dock houses are not authorized under this general permit. General Permit limits the size, T-ength and use f Structures. Any deviation g. That there shall be no toilets or fueling facilities permitted from the specifications, or other terms or condittons of the General Permit on the structures. will constitute a violation of the River and Harbor Act of 1899 and could on the structures. result in having to remove the structures or work and restore the waterway h. No structure will be built within 100 feet of the near edge to its former condition and/or imposition of penalties as provided by law. of the channel of any authorized Federal navigation project. p. Revocation of General Permit: That this permit may be revoked by issuance of a public notice at any time the appropriate i. Structures for Small Boats: That permittee hereby recognizes District Engineer determines that the singular or cumulative effects the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit of teres Following herevocaveon arse ffectiuponsthe does not relieve the permittee from taking all proper steps to insure the blis intermit will be rocessed a s in integrity of the structure permitted herein and the safety of boats moored permits. thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. q. Duration of the General Permit: This General Permit will cover activities completed within five (5) years of the datv of issuance unless this permit is revoked in the interim. Revoking the General Permit permittee, upon receipt of a notice of revocation of this permit or upon will not affect the work that has been authorized when the General Permit its expiration date before completion of the authorized structure or work, was in effect. shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former condition. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. k. No work shall be performed until 30 days after notification of the owner or operator of any marked utilities in the area of the work. This permit shall become effective on the date of the District Engineers 1. No registered properties or properties listed as eligible for gn inclusion in the National Register of Historic Places will be affected. BY AUTHORITY OF THE SECRETARY OF THE ARM: m. Prohibited Construction: Construction of marinas, commercial piers, and multiple-family structures, dredging, bulkheading, commercial / ,- boat rams, marine railways, hoists, storage houses, fueling facilities, . toilet facilities, filling of submerged lands or wetlands, or any structures WILLIAM W. BROWN FRANK WALTER exceeding the prescribed limits and dimensions are not covered under the Colonel, Corps of Engineers Colonel, Corps of Engineers authori:y of this General Permit and a Department of the Army permit must Charleston District Engineer Savannah District Engineer be obtained from the Corps of Engineers prior to construction of these projectZ. Date: 3 April 1978 Date: 3 April 1978 K-43 Memorandum of Agreement Between the Corps of Engineers and the Coastal Council of South Carolina SOUTH CAROLINA COASTAL COUNCIL CRITICAL AREA BOUNDARY ' ~~~~~CRITICAL AREA BOUNDARY .ON PROCESSING PROCEDURES FOR THE GENERAL PERMrt FOR PRIVATE PIERS AND DOCKS On the south, at the intersection of the South Carolina-Georgia border and the old track bedinesco of the Seaboard Coastline (SCL). approximately 1 br 1. Authorities: Federal: Part 325 of Title 33 of the Code of Federal Regulations. and the old track bed of the Seaboard Coastline (SCL), approximately 1.75 S a e usatt c 2 CatlZn aaeerAt fte17 .C eea miles above the U. S. Highway 17A bridge across the Savannah River; thence, State: Pursuant to Act 123 (Coastal Zone Manageme Act) of the 1977 . C. General northeastward along the track bed until its intersection with U. S. Highway Assembly. 278 near Eutaw Creek; thence, northward along U. S. 278 for approximately ne mile until its intersection with S. C. 462; thence, northa-northwestward 2. The purpose of this memorandum is to identify mutual procedures to be followed by along S. C. 462 until ts itintersection with U. S. Highway 1? ne ar Coosaw- the Charleston and Savannah Districts, U. S. Army Corps of Engineers and the South hatchie; thence, northeastward along U. S. 17 until its intersection with Carolina Coastal Council in the processing of applications for private, noncommercial, S-15-26 app roximately two miles east of Green Pond; thence, southward along single family, recreational piers and docks, including fixed walkways, fixed docks, S-15-26 un til its intersection with the old SCL track bed near Airy Hall; fl oat ing docks, and moorings which come under the purview of the Department of the S-lS-26 until its intersection with the old SCL track bed near Airy Hall;AryGealPmiisudo3Apl198 Army General Permit issued on 3 April 1978. thence, east-northeastward along the track bed to its intersection with S. C. 174; thence, northward along S. C. 174 for approximately 1.5 miles until its intersection with S. C. 164; thence, east-northeastward approxi- 3. Geographical Areas Included: This agreement is limited to the critical areas of mately three miles along S. C. 164 until its intersection with S. C. 162; -the Coastal Zone in Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, thence, east-northeastward along S. C. 162 into Hollywood until its inter- Jasper and Georgetown Counties, South Carolina. section with S. C. 165; thence, northward along S. C. 165 until its inter- section with S. C. 642; thence, southeastward along S. C. 642 until its 4. General Permit Procedures: intersection with U. S. Interstate 26; thence, southward along 1-26 until its intersection with S. C. 7; thence, northeastward on S. C. 7 until its inter- a. The General Permit issued by the Corps of Engineers will require a Council section with the SCL track bed adjacent to Spruill Avenue; thence, northward permit for each structure built under the General Permit. along this track bed until its intersection with the Charleston/Berkeley Countyv line approximately one-fifth mile north of Remount Road; thence, east-northeast- b. The Council will provide the Corps of Engineers a copy of each application ward along the county line until its intersection with the Cooper River at that is submitted for structures or works under the General Permit. A sketch showing Goose Creek; thence, eastward by a straight line across the Cooper River and the location and type of construction will be included. Yellow House Creek to Yellow House Landing on Yellow House Creek; thence, southward along the only dirt road leading from the landing to S-8-33; thence, c. The Corps of Engineers will inform the Council within 15 days of the receipt northeastward along S-8-33 until its intersection with S-8-lOO; thence, north- of the copy of the application if it determines that the application does not come eastward along S-8-100 until its intersection with S-10-98; thence, southward within the scope of the General Permit. along S-10-95 until its intersection with U. S. Highway 17; thence, northeast- ward along U. S . Highway 17 until its intersection with U S -27-a north of thea d. The Council will supply the Corps of Engineers with a copy of each Coastal ward along U. S. Highway 17 until its intersection with S-27-30 north of the North Santee River; and thence, eastward along S-27-30 for approximately five Council Permit issued. miles; thence, northward along S-27-30 until its intersection with S-27-18; thence, no rthwestward along S-27-18 until its intersection with U. S. Highway S. This agreement will be terminated on the expiration or revocation of the General thence, northwestward along 5-27-18 until its intersection with U. S. HighwayPemt 17; thence, northeastward along U. S. 17 until its intersection with the South Permit. Carolina-North Carolina border. In determining the exact location of this boundary, only those lands seaw rd of the road beds and track beds described shall be included in the tidelands and coastal waters critical areas. This 3rd day of April, 1978. All coastal waters and tidelands seaward from this boundary to the State jurisdictional limit are included within the critical areas. Af - /"; II/ . z/D' "Senator James M. Waddell Chairman South Carolina Coastal Council WILLIAM W. BROWN FRANK WALTER Colonel, Corps of Engineers Colonel, Corps of Engineers Charleston District Engineer Savannah District Engineer K-44 ~~~~~~~~CaslConci Crit ca CkAreas~tu 4I Geograpcl Permits for Isothaolaionao L 7 -Ch"'~Jto" h1 '' Private. toConeiaSingle Family, Recreational Piers and Docks, including Fixed Walkiways. Fixed Docb~s. Floating Docks and na h ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~Moorings Within toe Navigable Waters of the ti ted State-S. K-45 Appendix L etc. Ibwever, this boundary is not based on hydrographic data, since much of this is unknown; instead this line shows the change from fresh-water to BOUNDARY DETERMINATION METHODOLOGY brackish water vegetation based on data contained in the aforementioned inventory. When possible, the critical area boundarY folIowed prominent physical features, The critical area boundary was determined by using vegetative overlays such as state and federal highways, railroad bridges and causeways, etc. on USGS 7� minute topographic quadrangles. These vegetative overlays were pro- duced under contract (#CZa Contract #79004 and 79012) by the South Carolina Wild- life Marine Resource Division. They provided a precise assessment of South Carolina's coastal wetlands and included the following inventory categories: (1) beach zone, (2) low salt marsh, (3) high salt marsh, (4) brackish-water marsh, (S) fresh-water marsh, (6) impoundments, and (7) diked disposal areas. This inventory data was compiled from ASCS black and white photography which was used to update the USGS guadrangles , and low altitude color-infrared photography which was used to identify wetland types. Wetland types were initially recorded direct- ly on USGS quadrangles and later transferred onto mylar overlays to be digitized for computer use and stored as data for baseline mapping. Ground truth surveys' and field investigations were conducted from August 1975 to May 1977 to obtain descriptive information on plant ecology as well as verify the photographic interpretation. Observations on associated vegetation were also recorded. Mbst plant identifications were made by sight; however, species of undetermined species were collected and returned to the laboratory for identification. All available published literature concerning plant composition of South Carolina's coastal marshed and waterfowl impoundments was reviewed to supplement data from field surveys. Additionally, waterfowl managers were interviewed to supplement information in the lit: anture. The data contained on the vegetative overlays was then used to determine the landward extent of the critical arda boundary as defined in Section 3(E, F, G, H, I, J) of South Carolina Act 123 of 1977. Essentially, this boundary should ascribe the 1.0 ppt chloride ion concentration point in all coastal water bodies, marshes, L-1 APPENDIX M FEDERALLY EXCLUDED LAND Jasper County Acres 1. Department of Defense.- Army Corps of Engineers (Savannah Harbor) 5.83 2. Department of Defense - Army Corps of Engineers (Savannah Harbor) 3.10 3. Department of Defense - Army Corps of Engineers (Savannah Harbor) 3.06 4. Department of Interior - Fish and Wildlife Service (National Wildlife Refuge) 7,618.00 5. Department of Defense Army Corps of Engineers (Savannah River) 14.15 6. Department of Defense Army Corps of Engineers (Savannah River) 5.10 7. Post Office 1.11 Beaufort County 8. Department of Defense Army Corps of Engineers (Hilton Head Survey Tower) .01 9. Department of Interior - Fish and Wildlife Service (National Wildlife Refuge) 4,052.70 10. Department of Defense Marines - Base 8,084.07 11. Department of Defense - Navy Hospital 126.94 12. Post Office 1.92 13. Post Office .39 14. Veternas Administration: National Cemetery 29.00 15. Department of Defense - Marines - Base 5,577.16 M-1 Beaufort County (continued) Acres 16. Department of Defense - Marines - School 15.00 17. Department of Defense - Marines - Housing Project 309.16 Colleton County 18. Department of Defense - Army Corps of Engineers (Intracoastal Waterway) 26.00 19. Post Office .47 20. Post Office - 1.98 Dorchester County 21. Post Office .34 Charleston County 22. Environmental Protection Agency 32.00 23. Department of Defense - Coast Guard 143.00 24. Department of Defense - Army Corps of Engireers (Charleston Harbor) 34.00 25. Department of Interior - Park Service (Ft. Sumter, Ft. Moultrie) 62.27 26. Department of Defense - Coast Guard 3.75 27. Department of Defense - Army Reserves 2.50 28. Department of Defense - Coast Guard 8.20 29. General Services Administration - Post Office and U. S. Courthouse 1.20 M-2. Charleston County (continued) Acres 30. Veterans Administration - Hospital 16.60 31. General Services Administration: U.S. Customs House 4.74 32. General Services Administration: Federal Building 2.16 33. Department of Agriculture - Agricultural Research Service 451.00 34. Department of Defense - Navy Reserve 4.50 35. Department of Defense - Navy Base 3,271.19 36. Navy Hospital 37. Department of Defense - Air Force 3,043.37 38. Department of Interior - Fish and Wildlife Service (National Wildlife Refuge) 31.96 39. Department of Interior - Fish and Wildlife Service (Migratory Bird Refuge) 34,218.00 40. Department of Agriculture - Forest Service 60,126.00 Berkeley County 41. Department of Agriculture - Forest Service (Francis Marion National Forest) 189,280.00 42. Department of Defense - Air Force 44.00 43. Department of Defense - Army Corps of Engineers (Charleston. Army Depot) 1,025.50 44. Department of Defense - Army Reserves 2.41 45. Department of Defense - Navy (Ammunition Department) 16,589.40 46. Department of Defense - Army Reserves 6.77 M-3 Georgetown County Acres 47. Department of Defense - Coast Guard 7.40 Horry County 48. Department of Defense - Air Force 3,794.31 49. Post Office .26 50. Post Office 1.00 * M-41.0i APPENDIX N I. Introduction the appropriate federal agency for review, and additions or deletions ,'ere made Enclosed ,ithin the manila envem cre at the 'acX of thas docanment t-ere .afe-r he agernt' retuTned the olerlass - the staff. The corrected overloas ,ere are four maps: Ceograrhic Areas of Particular Concern .C'PC', Federally- Excluded used to produce the final Federally Excluded Land MIap. Land, Land Use'Land Cover, and Wetlands. These are intended to be a suzpplasment to ?ne _iAC's are discussed Ln Chapter C' A' of the text and apcendix -he preceeding text of the lanagement Plan, and the AKC mip is alphanu-ericailly -, nhere in depth descriptions and the significance of each are found. As is the coded to the text. case with the Federallv Excluded Land, all GAPC's have been previously mapped as Following this introductory section is a nap index which can be used to 1:2-1,000 USGS Topographic Map overlays and transferred to this Coastal -one strip relate the numbering code of the GAPC and Federally Excluded Land apDs to the - cart. The green areas are of s-?ecial significance because they are a combinatior text. The CAPC map is color coded with respect to both site classification and classification occuring when an historical site (yellow) appears wi-hirn the bcundares the site's corresponding alphanui-eric designation. To obtain the name of a of an area of u-ique natural resource value blue). An optical illusion unfort-umate- particu-lar PfC orn the ?7a, first match the color of -he alhan.numeric desirnation y!- occurs -ien a green area is surroued- . by blue, aking the green ap oear -ore to the :orresPonding color in the legend, and then seek that classificatior -n yellow than it reall- is. '-on close -nsopecion, however, it Aill becoe evien.t the index. Next, select the corres-onding alibhanueri: designationa on the index that all green areas are, in fac-, the same shade. ocr :he nume oef the siqte of interest. Of ccurse, by reversing the process, a .con ozn the Wetlands ma_ are the results of the Coastal Cu-ncil's '.c- site being dlscussed in the text can be related to its geo-grarp-ical location in he Forested idal Wetlandcs Inventor. These maps were compiled usi.g i:59.93 and coas-al zone. The index for the rederally Excluded Land 'Ma siniv: lists -he ::','90 false clor L-frared aerial ;hotographiv in conjurction with a Sausch-a d ;oldungs in the Coasta'l one 'from south to north. count- by ccun.ty. So.b _-cmI ransfer Scope. -is r achI-e aliios 7.o-_:-n:erpreted -fcraton fr-. it is t-crtant to note that where the text and maps dc not correspond. aerial pho-ographs at one scale to be otically transferred to naps at a different the text should be considered correct, as som.e changes have been .-ade since the scale. Again, in this -ase, the etlmands irfrematior. was originally cormiled and maps were printed. Additicns and deletions will continue to be made, and at sri.e displayed a- the l: ',-C00 scale in the forn of topographic rap overlays. Th:s point in time, the maDs themselves will be -udated to reflec-t -ese -canges. in-ormation was tr-ns-ferred to :- S, 3Cc scale USCS topographic rap cvetrlas ad .ne Federallv Excluded Lands are discussed Ln the text in :^acter fea into a corputer using a technique called aigiti-ation. The comuter then ^cltted ' .' 'and adpendix !. These areas were or:ginallv' naPed o r:^e S.. Coastal a coarosite .na at the final scale 'astrox-iea-el- l:33.C00"' wnizh: was used -o Council Staff at -he I'-1,0CO Scale in the form of -.S nnute overia's to U-S. produce the graphic representation shown here. ,eclogical Sur.e� Topographic Macs. Copies of these overlays ,ere then sent to The final -ap included in the Jacket is the Land Use and Land Cover '-aop. A series of data manipulations by various groups was undertaken mn order to N-1 produce the color map enclosed. First, remote sensor imagery from the Landsat L e - l I cotud 5) Water 1.Stream.s and Canals Satellite was used to determnine the level I land use categories disriaved here. a.- aes Maos at the 1:230,000 -scale where produced by the Geographv Program of -he U.. S. 3. ays~ and Estuar~e Geolog-ical Survey. This information. was then fed into the cormuter via the 6) Wetland ~~e eln digitization method, and a coroosite olot o)f the entire coastal toDne waus :..reszec "let-ar. obtained. This plot was the base raw overlay used to produce tne graphics for Barren Land sa- F-'5~ atQ th-e fiLnal Land Use and Land Cover 7zan 2. eac-hes Sandv Areas other Vqan Following is a brief breakdown of the hierarch~y of_ this classification Beaches 4. Bare E.,mosed Rock system. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. _trr_4z Mites, Quarries, and 3ravel -its a-~itional Areas Level ILevel II -. Mxed __rren Land .roan or Built in Land I. Resijent~~~~~~~~~~~~~~a~ Al~thot th~-e Level II1 breakdown does not apoeat- on to-_n a rout a.~crcla: ann _Rerv.-zes 3. L-iust-rial aa' caegr is mipae onhe 1: 230,300 tonograohic car c.-ra= drc-ceod _'V US-Ss T.:ans,,ortation - Ccmnoaications, ano -tlties Due to the Comlexi-_- wm~ch would have res~_,Ited ~-'_ncm a -ethct-co t ::332 I 3.Industrial and Co-inertial lomplexes scale from I1233,DOC -scale the level T categories w,,ere droped Ftr a detailed o. .'uxed Urban or Built-un Land -.Other Urban or Bul-pLand dicainof this land -,-e and land cover systemm, please ret-e tceloi ourvev Professional P'aper -64. Alzricul-tural Lanc I Crooland and Pa-sture - As.- etioe zml h Drhrs roves, vnyrs Nurseres, an Drmamntal ederallyv Fxcluded LAnd, the !,PC, and the Wetlands cane isatte1,0 sl, n-ortic-_,tural -Areas 3. Ccnrz~ned Feeding u--eration and is in overlay format. TIhe Land "se and Land Cover mao --as zono:led - Ion- 4. Other Agricul-tural Land 1:23,20 -scale overlavs -and includes the Leelllreakdawms. f nore detailed, 5', R a n g e l a n d ~ ~~~~~~~~~~~~~~~~sate soecic informiation is required than that displ-ayed _n -ne ca:.'s :.. the jac'ket, 3) Rangeland i~~~~~~~~~. Herbaceous Rar-e-and 51 onuo a.d nis Rangean please Io not hesiaet onac th fiec h .- at~.cnt s a. 3. Mixed Rangeland of the aforementioned o~verlays are on fiethere. :2es no I DeCiduocus Forest -and E ver'reen Forest Land 3. Mi~xed Forest Land N-- 2 F. Shellfish Areas i.'DE( 1. Coinmercial Shellfish Leases Public Oyster Grounds CEOGRAPHIC AREAS OF PRUVTICLAR CO'.CRN a. aav River/Bull Creek L. Last End Point AREAS OF bLIQJE NAhSRkL RESOTURCE VAL.E S ulla Creek d. Chechessee River e. East Branch Creek A. The Heritage Trust Program m. shale Brnch g. Ashe Island i. Capers Island h. Ashepoo River i. Kiaw-ah Island j. Leadernwah Creek B. State Wildlife Preserves k. Folly River 1. HamrmL Creek 1. Turtle Island m. Sewee Bav Bear Island Game Management Area . Mathews Cu 3. Alexander Sprunt, Jr., IWildlife Sanctuar; 'Deveau Bank . Cla Bank Flats /. Santee Coastal Reser-e . Alston Creek 3. .atcherv Game -Management Area . Ioh rellS nle 6. lqoultre Game Management Area 3. State Shellfish Gronmds . antee Delta Game Management Area a. Old uouse Creek S. North -sland and South Island Plantation b. Auhw Creek . nSamwor-hi SGame M anagement -- ea c. Habersham Creek j. Marsh Island e. -ogoodoo C-reek C. State Parks f. Green Creek g. Cole Creek . Hunting Island State Park - ver Gi-ivmn' s Fert- State Park -i. A-gaor Creek S. -id Ft. Dorchester State Park *. distt Beach State ?ark _. _.arlestcvne Lanii ng G. 5round.ater Resources Dravtor Hall -. .amton Plantaticn None to date 3. umt rngton Beach State Park 3. '-rtle Beach State Park H. .hreatened or Endangered Secies Ha:bitats D. Scenic Rivers None to date 'None to date -. 'a-'ne and Estuarine Sanctuaries None to date N-3 Charleston~ County' 23. Edanson Hauling Co.- Sand and Clav ACITISOR 2A IISDESETO 4. H 6 M Miningc CO. S-n 5a dCa 25 Brinson Excavating Co. Sand and Clat, CCASITAL LCCATON' '6. Land AssociateS Sand' and Clay- 27, Truluck Construction Cormany Sand and Gravel 28. A 6 A Contractors Sand adCa A. State Ports 29. T. F~. Cleckley and Comoany Sandl and Clav 30. Kinsey Construction Company Sand and Clav 1. Port Roval 3.l C. D. Walters Construction Compan-YSadndCa 2. Charleston , . :aznLnigCopn adadCa 3. Georgetown 33 are Brothers Investment Coro-anv and --'ay 34 0. L. Thompson Construction Coon-any Sand and Clav 35. C. F. Rhodes Construction ColmanY Sand and Clav B. Mining Operations 36. Addco Mining Company Sand and Clay 37, Island Construction CoEMany Sand and Clay 38. Banks ConstructionTD Company Sand and. Grav'el ,;aSoer COL~VBree ounty U. inhouse, countv -dne BekeenCdmt -as- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~Sn -and Cla 39. Dorchester Brizk 'Morks-:, Ltd. a 3. Deeriield Sand S3 Enc~-a\ and and -'ravel 40. T. Dangeriield Ccrst'r,7tcro -ompany an F. . Cleckle~ -,-~v San an 411 Bass Ltd.Letn 42. Consolidated EntraroriseSSadndly 43. Ware Brothers investme-nt ZC-Mpanv .etn.rn Beaufort Co,,rty adCo 44. Mar:Ln-Marietta Aggr-agates -..i-es:.or. 3. Mfalohrus Construction Co-nanv Sand and C.lav Georgetownr Coum-tv Colleton Countv 43 shl Pout opoain'-nd and Gravel 6. U. 3. Peat oprainPeat 46 ~ail ad and ravel :-a,, _nc. d510and ~a .WaerTruckiniz Cormiany Sand and Crave! 8. Nettles Sound Sand and Gravel e. Becker Sand and Gravel Sand and Gravel ?b=rr' contxty 10. seigles Sand Co. Sand and Gravel, 1-. .:. ackiev and Co. asn nd Gravel a- . 3odin Constr,:ction --ormany _ne anndrae 1.Sanders Brothers Const. Cc. Sand and Gravel 48. C. L. Benton and SonsSndadrae 13. Banks Const. Co. S~and and Gravel .19. Blythe Develop Ment Com-.pany adadCa 30. Asphalt Products Corooration adnd-v 31. Waccamaw Clay Products Cormany Ca': Dorchaester Contziz 32. 3. 0. Cannon an -as Sn _33. Stacy -Edwards Black Mine ,.ouina M-.Adc ining CSadand Gravel 374. William Bird Sales Corporation ,o.a 1S. Sal-, _~~~~Sburv Brick- ~ ~Co-.lav 33. Farr': Li--estone ?roduc~~Sietsn lo. Bec.Ker Sand and Gravel Sand and Gravel 5 6. G and C, Inc. COquin Muav Sand Co. Sand and Gravel 57 Coastal �Limeheue CDcui-- IS. rc-ester Brick WokLtd. Clay Z s edrCre Jlag ~ou-a I9. Mucken-use Landscaping Co. Sand and Clav 59. Locher Silica- Szand 20. Santee S~and Coa. Sand and Gravel 21. Gifford-wdll and 'Co. Limestone 22. Giant Portland Cement Cor-,. Limes-Lone and Clay N-4 HISTORIC SITES A. Jasoer County B~~~~~~~~~~~~~~~~~. Dorchester Countv Ccontinuced' 1. Robertville Baotist Church .IdaFilsetostzrc necut 2. Gillsonville Baptist Church 7.Charleston Countv B. Beaufort Countv 1. ~~~~~~~~~~~~~Middleton Plantation i. Sea Pines shell Rjj~~~~~~~~~~~g -. ~~Presby.terian Manse 2. Greaenins Shell Einclsr .. Trinity Episcopal Church 2. Greten'Hea Shell Enlsr 4. Fig Island Shell Ring ilto CHurch ofShel Cross 5. FDrse Island Shell Ring S. Churles Forthe Cos6. Brick- House Ruins 6. Tombees: Platato 7. 'William Seabrook abuse (Dod~ge Plantation) 6. obass Pla ontathelRng S. Village of Rockville Historic District 3. Huiling -Iln Lihtl Hus 9 Hanckel Nound Shell Ring 9. Fortin Islad Lghtr-kc, 10. John Seabrook Plantation Bridge CdGeorge Palmer Bridge) 1G. Chse il hl ig11. .Arnoldus Vanderhorat House 11. Penn Cantr..WltiBuf 12. lad~~~~~~~~~~~~~~~~~~~~~ISnHl . Johns Tsland Presbvterian Church 13. SeuotHsoi itit14. Fenwick Bfall Plantation I' e abbyr Hanseoi i 13. M-arshlands Plantation House IS. John Mark ;erdier iiaue 1~~~~~~~~~6. Fort Johnson/Powder Magazn 16. m~Lr VeairoI-ug House 1-7. Stiles -Hinston-Thoepson us - . e .'arshlands1. rtote 13. 'Robert S.M.1s --o.use 19. U.S. Coast Guard District 19. John A. 2jthbert House ID~~~~~~~~~~. Fort Moultrie '-O. William and Elizabeth Barnwl os 1 atr aaa 21. "be Anchorage . Batery lathomson ZZ. Coffin Pm:2t PlIantation ZastMled Pnlanttio 23. Little Barnwell Island Shell Rin .Cateczie 24 ShednCuc . Charleston Historic District She."ldbasPntion Chrh6. Bethel Methodist Church -k-ldbrass~~~~~~~~~~ ~ ~~~~~~~ .-artc William Blalock House 2.Daniel Blake House C. Coileton 2~~~~~~~~~~~nty 29. ~~~~~Branford-l-brrv House 30. Miles Brewton House 1. Isac Haynes Ball ~~~~~~~~~~~~~~31. Robert Brewton Hobuse 2. Ponc Pone haoel 3Z Ch~arjestonls French Quarter Distr4ct -ol.etan --unt Cortoseo. C S4 S National Bank of S. C. Buil-ding 4.~~~~xt alterboro 34l . College of Charleston '.~zrb itle ir'r 33. Dock Street Theatre 36. 'Pie Exchaxnge " Provos- 37. Farme-rs and Exchange Bank D. Dcrzaester Countv 38. Fireproof Building 39. William Gibbs House 1. Middleton Place -tO. DuBose Hevvard House 2. Old Fort Dorchester -I1. 'Hevward-Washinaton House 3. Sumvnrville -Historic District 42. Hiberman Fall 4. Cypress Methodist Caaugrund 43. Hugenot Church S. Carroll Place N-S F. Charleston Cou-nty (continued) E.Charleston Ccutmt: 'continued' 14. McCradvls Tavern and Long Room 15. Joseph Manigault House Q1. Fairfield .'lantaticr. 46. Market Hall and Sheds 0' Hampton Plantat-ion 4-. Clark Mills Studio !8. Jarm-s Nickolson Lbuse 49. Old Marine Hospital F Berkelev County 5 . Te Circular Congregational Church 51. Powder Magazine 1. St. JmsGoeCekCuc 3 L Robert Brwellia Rhper House 2. St. Thomas Episcopal Church 53. Robert W i l l i a m R a p e r H ouse ~~~~~~~3. Medway Plantaition 34. Thomas Rose House 4 ideugPatto 35. Kathaniel Russel House S. PmiddnHill Chpelatio 56. Edward Rutledge House 6. Ptr'ion Hill Chapel 5.Governor John 1.1utledge --ouse 6. Calais Nie v Chael S8. St. Michael',S ChFurch Tvn-Cuc 39. St. Phillip's Church . aonCuh 60. Simmons-Edw-ards Holuse 9 hmsBogtnOubr)Patro 61. S. C. 1Bationai Bank of Charleston 1P. LeifedPa 'ton 6- . S).C. State Arsenal 1.S-L. Stephen'-s Ep-iscopal Church 63~. Col. John Star House 64. Sword Gates House 65. Unitarian Church G ereonCut 66. U. S. Customhouse 7.U. S. Post Office and' Colurthouse 1 oswePatto 68.~~~~~~~~~~~~~~~~~~~~~~I Coaewe lntralatistonrc 68. Central Baptist ~~~~~~~~~~~~ . ~Annandale Plantation 69. St. Marv's Roman Catholic Ch~urch 3 ereonLgtos -0. Old Bethel United leathocvist Church 4 Ge'-''cn trcDsrc -1 M4ounalean oitrigUsr 3. Prince0 George, Winyah * Episcon~al Thr Hou.se Slt.t ?!desPar-ish Church - 6. Old Market 3uilding 4t Oldr w CPari osh -arc. Arcadia Plantatiocn Wilia Aiken House adAscae alodSrcue S. Pawleva Island Hilstoric District Site of Oldd Charlestoe -6. Site o~~~~~ Old Charlestown ~~~~~~10. Prince Fredlerick's Chapel Magnolia Cematery ~~~~~~~~~~~~~~~11. Brookgreen Gardens -.Pxal Prichard Shipyard,1 hcr odPatto Snee Farm 1.Cioa',cdPatto S.Christ Church 31l Auild Mon H. Harp; County 3: Buzzard's :'sland Shell Ring 33 Oakland Plantation bli~41 ernCuc Stono River SlaeRblix,' 1.O Hebron Churcr --Ashlev Fzll Plantation .OdHr onyJ~ op. J-ohn Drayton House 3. Magnolia Gardens 88. Eeuee Shell Ring 89. Farietta Plantation go. St. James Santee Episcopal Ch'urch N- 6 *I0 F1DIJW.LLY EYCIUJDID IAN) Alper Coiunty 1. [Department of Defense - Army Corpls of thlgineers (Sovannah Harbor) 2. Department of Defense - Army Corps of iEngineers (Savannah Harbor) 3.: Department of Defense - Army Corps of Engineers (Slvannah Harbor) 4. Department of Interior - National Wildlife Refuge S. LDepartment of Defense - Arny Corps of Engineers (Savannah River) b. lkepartnment of Defense - Arny Corps of Engineers (Savannah River) 7. I'ost Office Itealfor t Coullty Ii. Departlent of Defenle - Army Corps of Fnigineers (llilton lead Survey Tower) 9. LDepartllnt of Interior - Fish and Wildlife Service Il. Ikpartllent of Defense - barines - Base 11. )epartmnent of DIfcnse - Navy Ilospital 12. Post Office 13. Post Office 14. Veternas Antllnistration: National Cemeltely I15. Department of l)efene - Marines - Base N-7 Ileauflolt County (continued) 16. Departflent of Defense - Marines - School 17. Departisent of Defense - Marines - osing Pi-oject Colletol cotaulty 18. Deparitimnt of Defense - Army Cops of Ingineers (Intracoastal Waterway) 19. Post Office 20. lost Olfice Duvicllester County 21. Post Office Cleritl5Ston toinitlry 22. Ravivroiiental Pr-otection Agency 23. Dt-partiment of Defense - Coast Guard 24. I)ar-tjutnt of Defense - Anny Coij)s of Engineers (Charleston Harbor) 25. Departinrnt of Interior Park S vice (Ft. Suillter) 2o. Depai-tiient of De-feise - Coast Guatird 27. Ikpa iltient of Defense - Anmy Resei-ves 28. lleprtliuint of Defense - Coast (;Guar 29. Gener~al Services Administration - Post Office and U. S. Courthouse N-8 Charleston CuntL (continued) 31), Veterans Administration - lHspital 31. Gwneral Services Adininistration: U.S. Customs House 33. General Services Administration: Federal Building 33. Department of Agriculture - Agricultural Research Service 34. 1upartment of Defense - Navy Reserve 35. Department of Defense - Navy Base 3b. Navy lkspital 37. D~epartment of lefense - Air Force 38. Department of Interior - Fish and Wildlife Service 39. Department of Interior - Migratory Bird Refuge De-fkelty Cotunty 40. Departmewnt of Agriculture - I-orest ;ervice (Francis Straion National Forest) 411. Departmient of L)efunse - Air Forc, 4 . k-partment of Defense - Ari' (:01 ps of Higineers (Charleston Anry Depot) -13. Department of i'Defenbe - Army Reserve 44. IDeparrenllt of Defenrse - Navy (AmU1uniition D)epartilenit) 45. Deparntment of Defense Arny Reserves N-9 Gcurget own Cutnty 6. Ielpalrtnent of [Jfense - Coast GaErd 47. Departmcnt of Dlfense - Air Force 48. Post Office 49. Post Office N-10 91&