ORDERS:
CONSENT ORDER
This case involves the
appeal of a permit issued by SCDHEC-OCRM to Stephen C. Carroll. The parties to
this case have settled this dispute and submit this Consent order to
memorialize the terms of the settlement.
Stephen C. Carroll owns
an improved lot fronting on the Wando River, Lawrence E. Richter Jr. owns an
improved lot fronting on the Wando River. Richter’s lot is to the west of the
Carroll’s lot. The lots are separated by marsh. Richter has a dock with a
fixed pier head, float, and boat lift. Carroll does not have a dock.
Immediately to the east
of the Carroll lot is an unimproved lot which does not have a dock.
Immediately to the east of that unimproved lot is an improved lot owned by the
Atkinsons. The Atkinsons have a dock, which includes a fixed pier head, float,
and boat lift. The Atkinson dock extends farther out into the Wando River than does the Richter dock.
Carroll’s predecessor
in title had been issued permit number OCRM-03-057-R. Carroll sought to amend
the permit. OCRM granted the request for an amendment, but with limitations.
One of the limitations was the following: “Provided that the back of the
floating dock is in alignment with the MLW mark as shown on the dock
drawings.” Carroll appealed the amendment because he opposed that special
condition.
The South Carolina
Board of Health and Environmental Control decided not to conduct a final review
conference. Therefore, SCDHEC-OCRM’s decision became the final agency
decision. Carroll appealed to the Administrative Law Court. Richter
intervened. A trial was scheduled for June 26, 2008.
The parties met at the Administrative Law Court on June 26th and informed the Court that they had
reached a tentative settlement which was put on the record. Since that time,
the parties had had additional settlement discussions which have resulted in a
settlement that is difference from the settlement put on the record on June 26th.
The new settlement
incorporates an amended permit issued by OCRM on October 13, 2008 (including
the drawing attached to the permit). The parties have asked the Court to
approve this settlement and incorporate its terms in this Consent Order. The
Court hereby does so.
AND IT IS SO ORDERED.
______________________________
The
Honorable Carolyn C. Matthews
Administrative
Law Judge
1205 Pendleton Street, Suite 224
Columbia, SC 29201
November 6, 2008
Columbia, SC
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