ORDERS:
CONSENT ORDER
This matter is before me by consent of all parties for entry of a consent order. This contested case is an
appeal taken by the Petitioner following OCRM's issuance of permit No. 99-1G-281-P to Dean Feltmann.
The application proposed to construct a private dock at Lots 20, 7, and 6, at the end of Third Avenue,
Mount Pleasant, Charleston County, South Carolina. The applicant requested a dock that would access the
Wando River, but in doing so would cross what OCRM determined to be a navigable creek. In the issued
permit, OCRM added a condition that required the dock to be terminated at the first tidal tributary. Mr.
Feltmann appealed the decision of the Department.
Upon review of a revised proposal by the Petitioner, the Department has determined that the applicant's
dock may extend out to the Wando River and skirt the tidal tributary, as shown on the attachment hereto,
labeled Attachment A. I find that locating the dock so as not to cross it satisifies the policies of the Coastal
Zone Management Act. Additionally, Attachment A shall govern the dimensions of the dock, including the
walkway, lift, and covered pierhead. The parties agree that this agreement shall be binding on the
Petitioner's heirs and assigns.
It is therefore ORDERED that permit number 99-1G-281-P is issued with the afore-mentioned
modifications.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Admininstrative Law Judge
March 15, 2000
Columbia, South Carolina. |