ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon Motion of Petitioner and consent of Respondent for
dismissal of this contested case.
This is an appeal of an Administrative Enforcement Order issued by Respondent
following inspection of Petitioner’s dock located on a tributary of Hobcaw Creek, in the
Hidden Cove Subdivision, Mt. Pleasant, Charleston County. In accordance with the
terms of this Enforcement Order, Petitioner was ordered to pay an administrative fine in
the amount of $250.00 and bring the dock into compliance with the issued permit.
Since the time of the issuance of the Enforcement Order, Respondent has
determined that the dock is in compliance with the issued permit, and is not a hindrance
to navigation. This dock is located at a bend in the tributary and Respondent is
concerned about the possibility of this dock creating a navigational hazard in the future,
should the navigable channel migrate from its current location.
The parties have attached to this Order photograph(s) labeled Exhibit A depicting
the current relationship of the dock to the channel. These photographs were taken at low
tide and the channel is readily visible. In the event of migration of the channel
Petitioner’s permit contains a specific condition prohibiting any undue navigational
impediment or restriction. This condition is sufficient to address Respondent’s concerns
regarding navigation should the natural conditions of the tributary change. In addition,
Petitioner is cognizant of Respondent’s permitting authority as set forth in S. C. Code
Sec. 48-39-130, and particularly sub-paragraph (2) which addresses boating and other
recreational activities and determines that these activities are exempt “provided that such
activities cause no material harm to the flora, fauna, physical or aesthetic resources of the
area.”
Therefore, upon Motion of Petitioner, as consented to by Respondent, the
Administrative Enforcement Order dated December 10, 2002, is hereby vacated.
Accordingly, this contested case is dismissed.
_________________________________
The Honorable Ralph King Anderson, III
Administrative Law Judge
March 13, 2003
Columbia, S. C. |
