ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a consent order. The above-styled contested case was requested by the Petitioner following the Department's issuance of critical area permit number OCRM-05-237-M. The permit, issued to the Petitioner, allowed for the construction of a 4' by approximately 680' walkway leading to a 10' by 12' fixed pierhead, with a hip roof and two single-pile davits. Additionally, the permit authorized the construction of a second diagonal 4’ by 104’ walkway that would start at a separate upland location and join the primary walkway over the critical area. The Petitioner had originally requested a permit to construct a pierhead that is 15’ by 15’.
The parties have resolved their differences in this matter and have agreed to the following:
1. Permit number OCRM-05-237-M shall be amended to reflect the authorization of:
a. a 10’ by 15’ fixed pierhead with a hip roof;
b. addition of two handrails along the walkway that shall not exceed 36” in height above the deck level;
c. a single walkway of 4’ by approximately 680’ (thus eliminating the 4’ by 104’ spur walkway); and
d. two single-pile davits.
2. The permit will remain for joint use and will include a requirement that Petitioner shall record a restrictive covenant for Lots 608 and 609 indicating that so long as a joint use dock exists on Lot 609, no dock shall be built upon Lot 608. The restrictive covenant must be approved by the Department prior to recording and a copy of the recorded restrictive covenant must be provided to the Department prior to the issuance of a construction placard.
3. All other provisions and conditions of the permit shall remain in effect.
THEREFORE, it is ORDERED that permit number OCRM-05-237-M is hereby amended as set forth above.
AND IT IS SO ORDERED.
____________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
Columbia, South Carolina
November 27, 2006
WE SO MOVE AND CONSENT:
___________________________________ November 20, 2006
James F. Levy
900 Seminole Drive
West Columbia, SC 29169
___________________________________ November 21, 2006
Van Whitehead
Staff Attorney
South Carolina Department of Health and
Environmental Control
1362 McMillan Avenue, Suite 400
North Charleston, SC 29405
(843) 744-5838, ext. 111 |
