ORDERS:
CONSENT ORDER
This matter is before me on motion of all parties for the entry of a Consent Order. This
case is an appeal by the petitioner of the issuance of P/N OCRM-02-2006-C. The appealed
permit allows the construction of a private dock from Lot 75 in Rushland subdivision which
borders the Stono River in Charleston County.
Following the appeal of the Belue permit, the OCRM Division of SCDHEC issued
additional permits for private docks extending from Lots 73, 74, 76, 78 and 80 and a joint use
dock for Lots 81 and 82. During the pendency of this appeal the parties have reached a
settlement agreement which embraces not only the dock permit issued for Lot 75, but also the
dock permits issued to the other lots above mentioned.
It is the desire of the parties to modify the Rushland dock permits so as to avoid
unnecessary duplicative litigation and the court finds that this is in the best interest of judicial
economy.
Therefore, upon motion and consent of the parties, it is ORDERED that:
1.That P/N OCRM-02-2006-C be modified to provide for a joint use dock for Lots 75 and
74; it is further ORDERED that such joint use dock will have only one floating dock but
will have two boat lifts; handrails will only be allowed on portions of the walkway over
open water, around the pier head, and on the walkway to the float; the roof on the
pierhead will be finished with a non-reflective material and will either be brown or gray
and the railing on the ramp to the floating dock will be finished with a non-reflective
color; and there will be no lighting on the walkway but low wattage lighting will be
allowed on the pier head and the float set on an automatic timer. Additionally, the roof
design will be limited to a low-profile, hip-type roof. Roof construction will be limited
to the pierhead only and specifically not allowed on any boatlift. Lastly, P/N OCRM-02-2015-C will be cancelled.
2.P/N OCRM-02-2018-C will be amended to provide for a joint use dock for Lots 76 and
77; it is further ORDERED that such joint use dock will have only one floating dock but
will have two boat lifts; handrails will only be allowed on portions of the walkway over
open water, around the pier head, and on the walkway to the float; the roof on the
pierhead will be finished with a non-reflective material and will be either brown or gray
and the railing on the ramp to the floating dock will be finished with a non-reflective
color; and there will be no lighting on the walkway but low wattage lighting will be
allowed on the pierhead and the float set on an automatic timer.
Additionally, the roof design will be limited to a low-profile, hip-type roof. Roof construction
will be limited to the pierhead only and specifically not allowed on any boatlift.
3.P/N OCRM-02-2016-C will be amended so that it will be a joint use dock permit for Lots
78 and 79; it is further ORDERED that such joint use dock will have only one floating
dock but will have two boat lifts; handrails will only be allowed on portions of the
walkway over open water, around the pierhead, and the walkway to the float; the roof on
the pierhead will be finished with a non-reflective material and will be either gray or
brown and the railing on the ramp to the floating dock will be finished with a non-reflective color; and there will be no lighting on the walkway but low wattage lighting
will be allowed on the pierhead and the float set on an automatic timer. Additionally, the
roof design will be limited to a low-profile, hip-type roof. Roof construction will be
limited to the pierhead only and specifically not allowed on any boatlift.
4.That P/N OCRM-02-2019-C allowing a joint use dock for Lots 81 and 82 will be
modified so that said dock will have only one floating dock; it is further ORDERED that
such joint use dock will have only one floating dock but will have two boat lifts;
handrails will only be allowed on portions of the walkway over open water, around the
pierhead, and on the walkway to the float; the roof on the pierhead will be finished with
a non-reflective material and will be either brown or gray and the railing on the ramp to
the floating dock will be finished with a non-reflective color; and there will be no
lighting on the walkway but low wattage lighting will be allowed on the pier head and the
float set on an automatic timer. Additionally, the roof design will be limited to a low-profile, hip-type roof. Roof construction will be limited to the pierhead only and
specifically not allowed on any boatlift.
5.That P/N OCRM-02-2017-C for Lot 80 , handrails will only be allowed on the portions
of the walkway over open water, around the pierhead, and on the walkway to the float;
the roof on the pierhead will be finished with a non-reflective material and will be either
brown or gray and the railing on the ramp to the floating dock will be finished with a
non-reflective color; and there will be no lighting on the walkway but low wattage
lighting will be allowed on the pier head and the float set on an automatic timer.
Additionally, the roof design will be limited to a low-profile, hip-type roof. Roof construction will be limited to the pierhead only and specifically not allowed on any boatlift.
6.That P/N OCRM-02-2014-C for Lot 73 , handrails will only be allowed on the portions
of the walkway over open water, around the pier head, and the walkway to the float; the
roof on the pierhead will be finished with a non-reflective material and will be either
brown or gray and the railing on the ramp to the floating dock will be designed or painted
a non-reflective color; and there will be no lighting on the walkway but low wattage
lighting will be allowed on the pier head and the float set on an automatic timer.
7.Rushland agrees to paint the roof on the existing Community Dock structure and
Community Pavilion using non-reflective paint as described above. Such painting can
be limited to that portion of these roofs as front the Stono River. Rushland further
agrees to paint the handrails on the existing aluminum ramps on the Community and
Neighborhood Docks using non-reflective paint. Rushland agrees that no roof will be
constructed on the existing Neighborhood Dock. The Rushland Dock Master Plan
approved by OCRM, dated May 2, 2001, shall be amended in accordance with the
provisions of this Consent Order.
8.In all other respects the dock permits previously issued to Rushland will remain
unchanged and unmodified.
AND IT IS SO ORDERED._______________________________
Ralph King Anderson, III
Administrative Law Judge Division
June 26, 2003
Columbia, South Carolina |
