This matter is before me upon Motion and Consent for entry of a Consent Order.
Petitioner Gail Lucas is the record owner of property located on Sullivan’s Island,
Charleston County, South Carolina, known as 405 Seabreeze Lane, adjacent to a section of the
Atlantic Intracoastal Waterway known as “the Cove.” Petitioner has a dock at her property that
originally consisted of a fixed pierhead and floating dock. The floating dock portion of
Petitioner’s dock was destroyed less than five years ago, and Petitioner applied for a permit to
replace the floating dock in accordance with S.C. Code Ann. Regs. 30-12(A)(2)(t).
Permit number OCRM-04-236-R was issued to Petitioner on February 28, 2005, which
authorized reconstruction of an 8’ by 20’ floating dock, but imposed a special condition
requiring that the floating dock be relocated to the “ebb” side of the pierhead. Previously,
Petitioner’s floating dock was located on the “flood” side of the pierhead.
This appeal followed, in which Petitioner alleges that she should be authorized to
reconstruct the floating dock as it previously existed, in accordance with Regulation 30-12(A)(2)(t). Following the issuance of Petitioner’s permit, an adjoining neighbor to Petitioner,
Jon Lancto, received a permit—OCRM-04-125-R—authorizing construction of a dock. As part
of the Special Conditions imposed on this permit, Mr. Lancto’s dock will be located at least ten
feet further away from Petitioner’s dock as was originally applied for. This modification to Mr.
Lancto’s proposal has provided Petitioner with the opportunity to reconstruct her floating dock
in its original location, on the flood side of the pierhead.
Petitioner has filed a contested case appeal of the permit issued to Mr. Lancto. This
appeal, entitled Gail Lucas v. South Carolina Department of Health and Environmental Control
and Jon Lancto, Docket No. 05-ALJ-07-0126-CC, is assigned to this Court, and Petitioner has
agreed that upon entry of this Consent Order, she will withdraw that appeal with prejudice.
Therefore, upon Motion of Petitioner, as consented to by Respondent as is evidenced by
their signatures below,
IT IS THEREFORE ORDERED that permit # OCRM-04-236-R be, and it is hereby,
REVISED to authorize reconstruction of Petitioner’s floating dock in its original configuration.
Such configuration is reflected in Petitioner’s permit application drawings, and is attached hereto
as Exhibit A to this Order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
11th day of May 2005
