ORDERS:
CONSENT ORDER
On December 28, 2004, Respondent S.C. Department of Health and Environmental
Control (“DHEC”) denied a request to amend an existing dock permit to include a 9’ by 16’ jet
dock adjacent to an existing 15’ by 25’ floating dock. Petitioner timely appealed the decision
and the matter is scheduled to be heard before me on June 23, 2005. In the course of preparing
this case for trial the parties have engaged in discussions to resolve their dispute. The issue
revolves around the total allowable square footage of the dock. Petitioner’s predecessor in title
obtained permits to construct a dock structure totaling 1282 square feet. When petitioner
acquired the property he sought a permit to repair the dock and extend it by forty feet in length.
This work necessitated removing the floating docks which had been previously approved. While
one of the floating docks was replaced, a second float, variously described as a “bumper float” or
“jet ski dock” was too dilapidated and was not replaced. The application which resulted in this
appeal was made because petitioner wished to relocate this second floating dock to the opposite
side of a boat lift and to replace it with a prefabricated “jet ski dock” with dimensions of 9’ by
16’. According to DHEC, this addition would increase the total square footage beyond that
which is allowed under regulations. During their discussions, the parties agreed that petitioner
was allowed to have a total square footage of pier, floats and boat lift equal to that which existed
at the time of his purchase. The parties have agreed that a floating dock, not to exceed 75 square
feet, and which cannot be a pre-fabricated “jet ski dock,” will accomplish this goal.
Accordingly, the parties hereto have agreed that, in consideration of DHEC issuing a dock
permit amendment allowing a floating dock not to exceed 75 square feet and not to be a pre-fabricated “jet ski dock,” petitioner will withdraw his appeal. The parties have requested this
Court to memorialize this agreement by execution of this Consent Order.
THEREFORE, upon the joint motion and consent of the parties, DHEC is directed to
issue a permit amendment in conformance with the terms of this agreement and the appeal herein
is DISMISSED.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 26, 2005
Columbia, South Carolina |
