Bursey v. South Carolina Department of Health & Environmental Control

ANDERSON, J.:

The South Carolina Department of Health and Environmental Control (“DHEC”) and the South Carolina Electric and Gas Company (“SCE & G”) appeal a Circuit Court order affirming the decision of the South Carolina Mining Council. The Mining Council, deciding an appeal of a DHEC determination that SCE & G would not be required to obtain a mining permit in connection with its Lake Murray Dam remediation project (also referred to in various documents and briefs as the Saluda River Dam remediation project), ruled that SCE & G was required to obtain a mining permit. We affirm.1

FACTUAL/PROCE…