ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon Motion of Petitioner, Ford Development Corporation
(“Ford”), as consented to by Respondent, South Carolina Department of Health and
Environmental Control (“SCDHEC”), for entry of a Consent Order of Dismissal.
This is a contested case initiated by Petitioner by letter dated January 5, 2005, providing
SCDHEC’s Office of Ocean and Coastal Resource Management (“OCRM”) notice of
Petitioner’s appeal of OCRM’s denial of an application for a permit amendment. Ford submitted
an application to OCRM seeking to amend P/N 2002-1E-322-P to revise the alignment of the
dock permitted for the property known as Lot 9, Parrot Point Drive, in the development known
as Belle Terre, located on James Island within the City of Charleston’s corporate limits. Ford is
the developer of Belle Terre and had originally applied for a General Permit which authorized
construction of docks for the 27 waterfront lots located in the development. In accordance with
the terms of the General Permit, the dock located on Lot 9 was aligned so that it crossed directly
in front of the adjoining lot, Lot 10. Ford’s amendment request seeks to re-align this dock so
that it is located entirely within the extended property lines of Lot 9. Such realignment will
adjust the length of the dock from approximately 200 feet to approximately 556 feet.
OCRM denied this amendment request on December 13, 2004. OCRM’s reasons for
denial included its staff’s concerns related to the precedent of amendments to the General
Permit, in light of the fact that the General Permit was the subject of a protracted contested case
appeal,
James Island Public Service District, Mr. and Mrs. Douglas Patterson, et al. v. Ford
Development Corporation and SCDHEC-OCRM, ALC Docket No. 03-ALJ-07-0105-CC.
Unfortunately, however, the General Permit, the Final Order and Decision of the Administrative
Law Court, and the Final Administrative Order of the Coastal Zone Management Appellate
Panel made no mention of OCRM’s intent to limit amendments to the General Permit.
Ford Development Corporation and OCRM have resolved all issues between the parties
related to the permit amendment request for Lot 9, Belle Terre. Their agreement is set forth as
follows:
1.OCRM authorizes amendment of P/N 2002-1E-322-P as requested in the application
submitted by Trico Engineering on behalf of Ford Development. A drawing depicting this
amendment request is attached hereto as Exhibit 1 to this Consent Order.
2.Ford Development Corporation agrees to adhere to the terms and conditions of the
General Permit and to seek no further amendments to this Permit, with the exception of
amendment requests seeking construction of handrails, boatlifts, or roofs at individual docks.
3.OCRM agrees to accept applications for requests to amend docks permitted at Belle
Terre in accordance with the General Permit, provided that those applications are limited to
individual requests for the installation and construction of handrails, roofs, or boatlifts. No other
permit amendment requests will be accepted for processing by OCRM unless the applicant can
demonstrate either 1) material and substantial changes to Parrot Creek or the Belle Terre
property since the time of issuance of the General Permit or 2) consistency with the spirit and
intent of the original General Permit. The spirit and intent of the original General Permit was to
reduce the potential for adverse cumulative impacts arising from the construction of 27 docks on
Parrot Creek and any request that contravenes OCRM’s efforts to reduce cumulative impacts
will not be accepted or considered by OCRM.
4.The parties understand that this agreement may not be considered binding on Ford’s
successors in title to lots at Belle Terre. Therefore, Ford has executed a “First Amendment to
Declaration of Covenants, Conditions and Restrictions for Belle Terre,” a copy of which is
attached hereto as Exhibit 2. This First Amendment provides all subsequent lot purchasers
notice of OCRM’s intentions with regard to future permit amendments.
5.The parties further agree that the terms and conditions of this Consent Order be
incorporated, by reference, into the Special Conditions enumerated on the General Permit.
Based on this Agreement, as evidenced by the signatures below, it is hereby ORDERED:
1.That P/N 2002-1E-322-P be amended as indicated in the drawing attached hereto as
Exhibit 1; and,
2.That the General Permit issued to Ford Development for construction of 27 docks at the
waterfront development known as Belle Terre be amended through incorporation by reference of
the terms and conditions of this Consent Order.
AND IT IS SO ORDERED.
9th day of February, 2005______________________________
Administrative Law Court |
