ORDERS:
CONSENT ORDER
This matter is before me on motion of all parties for entry of a Consent Order. This
contested case is an appeal by the petitioners following the denial of their request for a permit (P/N#
OCRM-02-935) to construct a private dock from their high ground to the waters of Jenkins Creek
in Beaufort County, South Carolina. Respondent denied the permit on the grounds that the
alignment of the walkway for the proposed dock would cross a navigable stream in contravention
of OCRM regulations. Respondent reached this conclusion based on its review of aerial
photography. Petitioners disputed that any navigable creek would be bridged by the dock, that
respondent had allowed other docks in the vicinity to cross similarly configured waterways, and, in
the alternative, another alignment of the dock could be approved that did not cross any waterway
that could be considered navigable.
In preparation for the contested case hearing, respondent’s staff and witnesses visited the site
by boat. As a result of that visit, respondent realized that the aerial photography it had been relying
upon was out dated and taken at high tide. It became apparent that the area in question where the
dock walkway would cross had been subject to a great deal of siltation, probably due to the presence
of a shell rake which acted as a dam or obstruction to water flow. This situation had not been
ascertainable from aerial photography. In addition, respondent observed that there was a more
narrow location in the immediate vicinity that: (1) is similar to other areas in this vicinity where
docks have been allowed; (2) would unquestionably not be considered navigable under OCRM
regulations; and, (3) to which the proposed walkway could be re-located. Respondent discussed this
with petitioners who have agreed to re-locate the walkway for the dock.
As a result of this investigation and discussion, the parties have resolved their differences
and have reached an agreement which will accomplish petitioners’ goals and discharge respondent’s
duties.
Therefore, upon motion and consent of the parties, it is ORDERED that permit P/N# OCRM-02-935 be issued with the special condition that the location of the dock and walkway will be re-located as generally depicted on the attached sketch and as will be determined finally and staked out
by OCRM prior to construction.
AND IT IS SO ORDERED.
_____________________________________
C. Dukes Scott, Administrative Law Judge
Columbia, SC
April 7, 2003 |