ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a Consent Order. The
contested cases arise out of two permits, which were issued by Respondent South Carolina
Department of Health and Environmental Control, Office of Ocean and Coastal Resource
Management (OCRM), to the Respondents, Matt Trumps and John Fontana. The permits
allowed for the construction of one joint use dock (OCRM-02-859) and one private, single use
dock (OCRM-02-858), on St. Helena Island, South Carolina. The two permits were appealed
by the Petitioners and due to the similar nature of their contentions and evidence to be
presented, the cases were consolidated for hearing purposes. William R. Hunt was granted
intervention to these proceedings on October 22, 2002.
The parties having resolved their differences, they hereby agree to the following:
1.Permit number OCRM-02-859 will be cancelled, leaving one permit, OCRM-02-858.
2.The permit will allow for the construction of a multi-use, private recreational
dock for the owners of Lots 1, 2, and 3, Big House Plantation, Village Creek Subdivision, St.
Helena Island, Beaufort County, South Carolina. The dock will be constructed as a 4’ by 380’
walkway with handrails, leading to a 16’ by 16 fixed pierhead. On one side of the pierhead,
a 4’ by 24’ ramp will lead to a 8’ by 60’ floating dock. The dock shall be constructed in
accordance with the drawing attached hereto and incorporated herein as Exhibit A.
3.Permit number OCRM-02-858 shall be assigned to Matt Trumps and John
Fontana as joint permittees.
4.The remaining conditions of permit number OCRM-02-858 shall remain in full
force and effect for the life of the permit.
5.The parties agree that permit number OCRM-02-858 shall not be amended.
6.The parties agree that this agreement shall be binding on the parties heirs and
assigns.
THEREFORE, IT IS ORDERED that permit number OCRM-02-859 is hereby
cancelled.
IT IS FURTHER ORDERED that permit number OCRM-02-859 is hereby amended
as set forth above and that this case is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________________
RAY N. STEVENS
ADMINISTRATIVE LAW JUDGE
March 25, 2003 |
