South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Craig and Christi Henry vs. DHEC, Office of Ocean and Coastal Resource Management

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Craig and Christi Henry

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
02-ALJ-07-0525-CC

APPEARANCES:
Christopher McG. Holmes
Attorney for Petitioners

Leslie W. Stidham
Attorney for Respondent
 

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


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court