SC Administrative Law Court Decisions

WHEREAS the parties to this contested case appeared before this court through their undersigned counsel on March 19, 2008 and stated that this case has been resolved under the following terms; and

WHEREAS, the parties are jointly moving that this court accept the settlement described below and dismiss this contested case with prejudice through this consent order:

1)      All parties stipulate that the Town of Mount Pleasant’s permit (2005-1E-065-P) shall be issued by the Department with the alignment depicted on the attached drawing (Exhibit A – New Dock Plan Created by the Town of Mount Pleasant for the Public Use in Perpetuity March 17, 2008). The core changes in alignment are with respect to a) the origin of the walkway being shifted to the western reach of parcel B and b) the pierhead being located a minimum of 38.5 feet from the existing float on the Riverwatch POA community dock. All other provisions of the Town of Mount Pleasant permit not specifically impacted by this change in alignment shall remain unaltered.

2)      The Town of Mount Pleasant stipulates that access for the dock will be established through the Fourth Street right of way.

3)      The Town of Mount Pleasant stipulates that it will conduct police and sanitation activities at the dock location that are comparable to other public facilities.

4)      Mr. Dean Feltmann stipulates that he will submit a revision to his pending critical area permit application to a) relocate his pierhead at least ten feet to the West of where it is proposed under the current application and b) delete the request for a roof on his dock. Upon submission of this revision, the Department will public notice the revision to the application and thereafter process the application to completion.

5)      The Town of Mount Pleasant, Riverwatch POA, Danielle Hartley, Christian Hartley, and East Cooper Civic Club stipulate that they will not object to and otherwise waive the right to appeal Mr. Feltmann’s revision described in number four above.

6)      All parties shall bear their own costs and fees associated with this matter;

NOW THEREFORE, the parties having settled this matter pursuant to the terms above, the court finds those terms fair and reasonable and hereby approves of this settlement and otherwise dismisses this contested case with prejudice.

AND IT IS SO ORDERED.

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CAROLYN C. MATTHEWS

Administrative Law Judge

April 29, 2008

Columbia, South Carolina

WE SO MOVE AND CONSENT:

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