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TOWN OF ARCADIA v. DHEC

No. 5095.

404 S.C. 151 (2013)

743 S.E.2d 832

TOWN OF ARCADIA LAKES, Robert L. Jackson, Linda Z. Jackson, Robert E. Williams, Barbara S. Williams, Elizabeth M. Walker, Louis E. Spradlin, Thomas Hutto Utsey, Tony Sinclair, Aaron Small, Bette Small, Gene F. Starr, M.D., Elaine J. Starr, Sanford T. Marcus, Ruth L. Marcus, and Steven Brown, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Roper Pond, LLC, Respondents.

Court of Appeals of South Carolina.

Decided March 6, 2013.

Attorney(s) appearing for the Case

Amy E. Armstrong , of South Carolina Environmental Law Project, of Georgetown, for Appellants.

W. Thomas Lavender, Jr. , and Joan W. Hartley of Nexsen Pruet, LLC, both of Columbia, and Joan W. Hartley , of Barrington, IL, for Respondent Roper Pond, LLC; Roger Page Hall and Stephen Philip Hightower , both of Columbia, for Respondent SCDHEC.

THOMAS, J.

The Town of Arcadia Lakes (Town) and various individuals appeal a decision by the Administrative Law Court (ALC) upholding the authorization by the South Carolina Department of Health and Environmental Control (DHEC) of coverage for certain land-disturbing activities under a State General Permit. We affirm.

FACTS AND PROCEDURAL HISTORY

Respondent Roper Pond, LLC (Roper) is the owner and developer of 12.75 acres of real property on Trenholm...

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