ORDERS:
CONSENT ORDER AND AGREEMENT
It appearing that Petitioner filed its Notice of Contested Case;
It further appearing that Respondent Mark Marenakos has agreed to additional special
conditions to Critical Area Permit No. OCRM-04-103-R (the “Permit”) for that real property and
critical area located at 777 Tennent Street, James Island, Charleston County, South Carolina
described in Exhibit A (the “Property”);
It further appearing that Respondent OCRM agrees to the additional special conditions to
the Permit; and
It further appearing that Petitioner and Respondents all consent to the entry of this Order,
NOW THEREFORE,
1.Additional special conditions to the Permit shall be as follows:
A.Vessels shall not be allowed to moor in excess of three (3) cumulative
hours during any twenty-four (24) hour period at the floating dock or fixed
walkway located at the Property.
B.Upon 20 minutes notice to permittee (as defined in the Permit) from the
owners of 765 Tennent Street, James Island, that such owners intend to
navigate Kushiwah Creek, the permittee shall re-locate any vessel moored
at the Property so as to not impede or restrict navigation.
C.The permittee will periodically inform the owners at 765 Tennent Street of
all available cell telephone numbers, home telephone numbers, and office
numbers in order to allow prompt communication of any request for the
re-location of any vessel.
D.All abandoned pilings within the extended property lines of the Property
that existed as of July 14, 2004 shall be removed.
2.The special conditions contained in the Permit and in this Order shall remain in
effect for so long as any walkway or floating dock, as permitted, is in place at the
Property.
3.The special conditions contained in the Permit and in this Order shall apply to the
Permittee and/or future property owners of the Property or permit assignees.
4.This Order shall be enforceable by any affected party by petition for enforcement
to OCRM or to this Court. The filing of a petition to or action on a petition by
OCRM shall not be a prerequisite to seeking relief from this Court. The parties
hereto do not waive and hereby reserve all proceedings, claims or actions
allowable under law, in equity or in admiralty before any court of competent
jurisdiction against any person or persons, owner, lessee, or other user of the
Property violating or attempting to violate or circumvent the special conditions
contained in the Permit and/or in this Order, or violating or attempting to violate
any other right of a party. The special conditions contained in the Permit are
incorporated herein by reference.
5.If any provision contained in this Order is to any extent declared to be invalid or
unenforceable, the remaining conditions will not be affected thereby and each
condition will be valid and enforceable to the fullest extent permitted by law.
AND IT IS HEREBY ORDERED that the above special conditions shall be appended to
and shall become part of Permit No. OCRM-04-103-R issued to the permittee Mark Marenakos;
AND IT IS FURTHER ORDERED that this case shall be dismissed without prejudice to
Petitioner Cynthia N. Tecklenburg to enforce the special conditions contained in the Permit and
in this Order.
AND IT IS SO ORDERED this 17th day of March, 2005 at Columbia, South Carolina.
__________________________________________
CAROLYN C. MATTHEWS,
ADMINISTRATIVE LAW JUDGE |
