ORDERS:
CONSENT ORDER
This matter is before
me by consent of the parties for entry of a Consent Order. The Petitioner,
Wilco, LLC, applied with the Respondent, the South Carolina Department of
Health and Environmental Control (“the Department”), to construct a community
dock, to reach Russell Creek, Edisto Island, South Carolina. The Department
issued the permit (p/n 2004-1E-256-P); however, the staff re-aligned the
walkway, so as to avoid what they concluded was a navigable tributary. The
Petitioner timely requested a contested case hearing before this Court,
challenging the permitted alignment. The South Carolina Coastal Conservation
League (“SCCCL”), filed a motion to intervene in the proceedings, which I
granted on April 18, 2005.
The parties have
resolved their differences and have agreed to the following:
1.
The permit shall be amended, through this Consent Order, to allow for a revised
alignment. The walkway shall begin between lots 1 and 2 and shall not extend
beyond the 10-foot depth mark, as depicted on the survey, attached hereto as
Exhibit A.
2.
The currently permitted handrails shall be eliminated and replaced with
roped handrails.
3.
The Petitioner agrees to the imposition of 50-foot buffers on the high
ground along the marshfront. These buffers shall begin from the critical line
and consist of natural vegetation with no plantings. The parties also agree
that the Petitioner may create a view/access corridor, not to exceed twenty
per-cent (20%) of the lot width along the critical line.
4.
This agreement shall be binding on the parties heirs and assigns.
Therefore it is
ORDERED that permit number 2004-1E-256-P is hereby amended in accordance with
the terms set forth above and with the drawing attached hereto as Exhibit A.
AND IT IS SO
ORDERED.
_________________________________________
Ralph
King Anderson, III
Administrative
Law Judge
June 21, 2005
Columbia, SC |
