ORDERS:
Consent Order of Dismissal
STATE OF SOUTH CAROLINA
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW COURT
Sailford Land Co., LLC,)DOCKET NO.: 04-ALJ-0397-CC
)
Petitioner,)
)
vs.) Consent Order of Dismissal
)
South Carolina Department of Health and)
Environmental Control,)
)
)
Respondent.)
)
____________________________________)
This matter is before me upon motion by Petitioner, Sailford Land Co., LLC (“Sailford”),
for entry of a Consent Order of Dismissal. Respondent, South Carolina Department of Health
and Environmental Control (“SCDHEC”), consents to this Motion as is evidenced by the
signature of their Chief Counsel below.
This is a contested case appeal arising from an application for a dock permit submitted by
Sailford for construction of a community dock to serve new residential development located on
Tract S, Taylor Plantation, and consisting of 25.7 acres. Sailford proposed to construct a dock
consisting of a 5’ by 70’ walkway with handrail, a 4’ by 20’ gangway connecting to an 8’ by 48’
floating dock. In addition, the application proposed a 20’ by 20’ pierhead with handrail,
connected to a 4’ by 20’ gangway and a second 8’ by 48’ floating dock.
On November 1, 2004, SCDHEC issued permit number 2004-1L-187 to Sailford. As
was described by SCDHEC within the text of the permit, “[t]his permit has been issued
authorizing the structure with major modifications. Specifically, the structure will consist of a 5’
wide by 70’ walkway leading to a 20’ by 20’ fixed pierhead only. The roof, handrails, floating
docks (ostensibly boats) and gangway to the floating docks have been deleted for their impacts
to the view corridors of Middleton Place Gardens and Runnymeade Plantation, both of which are
GAPC’s.” In addition to this narrative description, the permit contains Special Conditions 1
through 8 which provide for, among other things, the major modifications described above.
SCDHEC has agreed to eliminate Special Condition #4 from permit number 2004-1l-187.
Specifically, SCDHEC has agreed to authorize the construction of handrails both along the
walkway and around the pierhead.
Based upon this agreement, Sailford has agreed to withdraw its request for a contested
case appeal.
Therefore, upon Motion of Sailford, as consented to by SCDHEC, permit number 2004-1L-187, authorizing construction of a community dock to the Ashley River to serve development
on Tract S, Taylor Plantation, is hereby modified to eliminate Special Condition #4 and allow for
the construction of handrails along the walkway and pierhead. All other Special Conditions
remain unaltered as set forth in the issued permit.
Based on this agreement between the parties, this contested case is, hereby, dismissed.
AND IT IS SO ORDERED.
__________________________
January 21, 2005Ralph King Anderson, III
Administrative Law Judge |